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02/24/2014 (2)
SUMMARY OF ORDINANCE NO. 5202 ADOPTED ON FEBRUARY 24, 2014 BY THE WATERLOO CITY COUNCIL AS THE RENTAL HOUSING ORDINANCE OF THE CITY OF WATERLOO, IOWA This is a summary of the amended and restated rental housing ordinance of the City of Waterloo, Iowa (referred to below as the "Ordinance"), appearing at Chapter 7, Title 9 of the Code of Ordinances: The general purposes of the Ordinance are to provide minimum standards to safeguard life, limb, health, property and public welfare by regulating and controlling the use, occupancy, location and maintenance of all residential buildings and structures for rental within the city, and to establish a program of regular rental inspections. The Ordinance contains several specially defined terms and phrases to aid in interpreting and applying the requirements of the Ordinance. In general, the Ordinance establishes a system of licensing of landlords, registration permits for rental units, and regular inspections of rental units. Landlord licenses and rental registration permits must be obtained annually and expire on December 31 of each year. Application for a license or permit must be made by November 1. If rental units are not registered by the deadline, the registration fee is doubled. Specific requirements must be satisfied before a license or permit can be issued, and the applicant must pay a fee in an amount determined by resolution of the city council. Among other requirements, the applicant must pay all judgments in favor of the city and all outstanding fees, charges and assessments. Re -registration of a rental unit is required if the registration information changes, if the property is sold or transferred, if information about the designated responsible local agent changes, or if certain changes occur regarding the rental unit. Landlord licenses and rental registration permits can be revoked, suspended, denied or not renewed for various reasons stated in the Ordinance. These reasons include, but are not limited to, the making of false statements, failure to pay fees, failure to correct deficiencies, failure to comply with the federal Fair Housing Act, failure to implement the crime free lease addendum or allowing a rental unit to be occupied after a tenant has violated the addendum, failure to provide insurance, and designation of the unit as an unsafe structure. If a license or permit is denied, suspended, revoked or not renewed, then the city will not accept a new application for a license or permit for the same rental unit or multi -unit building for a period of six (6) months. No rent may be collected for any unit not covered by a valid, current permit. Existing rental contracts may be extended or renewed on the same terms, but no new rental contracts may be entered into until a new license or permit has been issued, reissued or reinstated. Residential rental properties must be inspected once every three (3) years to ensure compliance with the building code, property maintenance code, and other applicable codes and standards. A property will be placed on an annual inspection schedule for three (3) years if a rental structure receives two (2) complaints regarding substantiated violations during any period of twelve (12) months. A rental unit may not be rented unless it has received a certificate of inspection. Inspection Fees: All inspection and reinspection fees shall be paid by the owner or responsible local agent prior to the issuance of a certificate of inspection. Any inspection fee not 1 paid within thirty (30) days shall be deemed a violation. Fees shall be as follows: A reinspection fee of fifty dollars ($50.00) per unit if not in compliance will be charged for each reinspection; a fee of fifty dollars ($50.00) will be charged for all scheduled inspections where an appointment is not kept and the owner, local responsible agent or occupant did not make an attempt to contact the city. Each rental agreement that begins or is renewed after the date of publication of this summary must include a crime free property addendum. The city council has adopted by resolution an approved form of addendum. Right of Appeal: A person aggrieved by a decision of the licensing officer or the building official may file a written appeal with the city clerk within fourteen (14) days of the postmarked date of the notice of decision. An administrative fee of fifty dollars ($50.00) must be paid when the appeal is filed. Failure to file the appeal and pay the administrative fee within said fourteen (14) days shall constitute a waiver of the right to a hearing, and the decision shall thereupon become final. The Ordinance establishes a housing appeals board (referred to as the "Board") and provides for its makeup, rules and procedures for hearings, and powers. In addition to hearing appeals, the Board also has the power to grant variances and extensions of time to take corrective action. Standards for the granting of variances and extensions are prescribed by the Ordinance. Penalties: Except as set forth below, any person who violates the requirements of this Ordinance shall be guilty of a municipal infraction, subject to prosecution and penalty in accordance with 1-3-2 of the code of ordinances, and further actions to deny, suspend, revoke or not renew a landlord license and/or rental registration permit as prescribed in this chapter. The penalty for violation of 9-7-8 (crime free lease addendum) shall be as follows: 1st Offense - $100; 2nd Offense - $200; 3rd and subsequent - $500 each. The above is only a summary of the Ordinance and not the complete text of the Ordinance. There are many details and specific terms, conditions, and requirements that have not been provided in this summary. Questions should be directed to the office of the City Clerk or the City Building Official. The Ordinance may be inspected in its entirety at the office of the City Clerk, 715 Mulberry Street, Waterloo, Iowa 50703, from Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m. The Ordinance will become effective upon publication of this summary. 2 CAROL FAILOR From: Amy Kittrell <Amy.Kittrell@wcfcourier.com> on behalf of woo legals <woo.legals@wcfcourier.com> Sent: Tuesday, March 18, 2014 4:42 PM To: CAROL FAILOR Subject: RE: Rental Housing Ordinance (Summary) Carol This is all set for Thursday. Thanks Amy From: CAROL FAILOR fmailto:CAROL.FAILOR©WATERLOO-IA.ORGI Sent: Tuesday, March 18, 2014 4:28 PM To: woo legals Subject: Rental Housing Ordinance (Summary) Please publish the Rental Housing Ordinance summary as soon as possible. Please email verification as to the publication date. Thank you! Carol Nemmers Deputy City Clerk City of Waterloo 715 Mulberry Street Waterloo, IA 50703 Phone: 319-291-4323 Fax: 319-291-4571 caroLfaifor@waterfoo-ia.org 1 CAROL FAILOR From: CRAIG CLARK Sent: Tuesday, March 11, 2014 2:40 PM To: SUZY SCHARES; CAROL FAILOR Subject: RE: Rental housing Looks good to me. Craig Clark Building Official / Maintenance Admin. City of Waterloo 715 Mulberry St Waterloo, IA 50703 319-291-4319 craiq.clarknwaterloo-ia.orq From: SUZY SCHARES Sent: Tuesday, March 11, 2014 2:20 PM To: CAROL FAILOR Cc: CRAIG CLARK Subject: FW: Rental housing Carol, As soon as Craig says it is ok we need to publish this summary. Suzy Schares, CMC City Clerk/ HR Director City of Waterloo 715 Mulberry Street Waterloo IA 50703 319-291-4522 #3008 From: Chris Wendland[mailto:chris.wendland@cbwhlaw.com] Sent: Tuesday, March 11, 2014 1:42 PM To: CRAIG CLARK Cc: SUZY SCHARES Subject: Rental housing Craig: Attached is a summary I have prepared of the rental housing ordinance. It gets a bit choppy at times because state law requires an ordinance summary to include the "full text" of any provision imposing fines, charges, fees, etc., so to satisfy this I have included applicable provisions almost verbatim. If it looks okay to you, then it just needs to have the ordinance number plugged into the title, and then it is ready for Suzy to have it published. Chris Wendland Clark, Butler, Walsh & Hamann Phone: (319) 234-5701 Fax: (319) 232-9579 e-mail: chris.wendland@cbwhlaw.com Street: 315 E. 5th Street, Suite 200, Waterloo, Iowa, 50703 1 Mailing: P.O. Box 596, Waterloo, Iowa, 50704 2 CAROL FAILOR From: SUZY SCHARES Sent: Tuesday, March 11, 2014 2:37 PM To: Chris Wendland Cc: CAROL FAILOR Subject: RE: Rental housing I figured. I will be out of the office next week so if you get it finished please copy Carol on the email so she can get it published. Thanks, Suzy Schares, CMC City Clerk/ HR Director City of Waterloo 715 Mulberry Street Waterloo IA 50703 319-291-4522 #3008 From: Chris Wendland fmailto:chris.wendland@cbwhlaw.com] Sent: Tuesday, March 11, 2014 2:36 PM To: SUZY SCHARES Subject: RE: Rental housing Right. I've got it started, but that one's going to take a bit more time. Chris Wendland Clark, Butler, Walsh & Hamann Phone: (319) 234-5701 Fax: (319) 232-9579 e-mail: chris.wendland@cbwhlaw.com Street: 315 E. 5th Street, Suite 200, Waterloo, Iowa, 50703 Mailing: P.O. Box 596, Waterloo, Iowa, 50704 From: SUZY SCHARES rmailto:SUZY.SCHARES@WATERLOO-IA.ORGl Sent: Tuesday, March 11, 2014 2:20 PM To: Chris Wendland Subject: RE: Rental housing Thanks Chris. We need one for the animal control ordinance as well. Suzy Schares, CMC City Clerk/ HR Director City of Waterloo 715 Mulberry Street Waterloo IA 50703 319-291-4522 #3008 From: Chris Wendland[mailto:chris.wendland@cbwhlaw.com] Sent: Tuesday, March 11, 2014 1:42 PM To: CRAIG CLARK 1 Cc: SUZY SCHARES Subject: Rental housing Craig: Attached is a summary I have prepared of the rental housing ordinance. It gets a bit choppy at times because state law requires an ordinance summary to include the "full text" of any provision imposing fines, charges, fees, etc., so to satisfy this I have included applicable provisions almost verbatim. If it looks okay to you, then it just needs to have the ordinance number plugged into the title, and then it is ready for Suzy to have it published. Chris Wendland Clark, Butler, Walsh & Hamann Phone: (319) 234-5701 Fax: (319) 232-9579 e-mail: chris.wendland@cbwhlaw.com Street: 315 E. 5th Street, Suite 200, Waterloo, Iowa, 50703 Mailing: P.O. Box 596, Waterloo, Iowa, 50704 2 THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, REGULAR SESSION TO BE HELD AT THE WATERLOO CENTER FOR THE ARTS, LAW COURT THEATER, 5:30 P.M. MONDAY, FEBRUARY 24, 2014 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 Tern) 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 rules". 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. February 24, 2014 Roll Call. Page 2 Moment of Silence. Pledge of Allegiance: Mayor Buck Clark. Agenda, as proposed or amended. Minutes of February 17, 2014, Regular Session, as proposed. Proclamation declaring March 2014 as "Quota Cares Month Featuring Cops 'N Kids Reading Program." Proclamation declaring "Payne AME Church Founders Day Celebration." 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 to cancel assessment for 1024 Dundee Avenue in the amount of $182.61; and authorize City Clerk to notify Black Hawk County Treasurer of said cancellation. Submitted by Suzy Schares, City Clerk 3. Request of Andrew Weinberg for tax exemptions for the construction of a new single family home valued at $372,000.00 located at 4745 Yellowstone Drive and located in the City Limits Urban Revitalization Area (CLURA). Submitted by Noel Anderson, Community Planning & Development Director 4. Request of Kevin & Angela Ballenger for tax exemptions for the construction of a new twin home (condo) valued at $150,000.00 located at 5546 Summerland Drive and located in the City Limits Urban Revitalization Area (CLURA). Submitted by Noel Anderson, Community Planning & Development Director February 24, 2014 b. Motion to approve the following: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. Page 3 Travel Requests Name & Title of Personnel Class/ Meeting Destination Date(s) Amount not to exceed Inv. Sadd & Inv. CTK Advanced Waterloo, IA 05/28/ 14- $450.00 Wittmayer Interview & 05/29/ 14 Interrogation School Eight (8) Sworn CTK Interview & Waterloo, IA 04/21 / 14- $1,800.00 Waterloo Police Interrogation School 04/23/ 14 Officers Director Trelka International Assoc. Orlando, FL 10/24/ 14- $1,720.00 of Chiefs of Police 10/29/ 14 Conference Inv. McFarland Death & Homicide Kansas 04/ 13/ 14- $1, 735.00 Investigation City, MO 04/ 18/ 14 Sgt. McClelland- Interdiction for the Johnston, IA 02/05/ 14- $187.01 Amended Protection of 02/ 06/ 14 Children Todd Denfield, Shade Tree Short Ames, IA 02/25/ 14- $250.00 City Forester Course & INLA 02/27/ 14 Tradeshow Nancy Gulick, Region 7 & 8 Lead Kansas 03/24/ 14- $870.00 Community & Healthy Homes City, MO 03/26/ 14 Development Conference Coordinator Director Trelka & Child Abduction Des Moines, 02/24/ 14- $370.00 Inv. Hesse Response Team IA 02/25/ 14 Training Officers Midwest Gang Minneapolis, 05/ 04/ 14- $3,447.00 Jurgensen, Nissen, Frein, Investigators Conference MN 05/07/14 Sullivan & 2 Cedar Falls Police Officers Capt. Leibold & Lt. FBI National Dubuque, IA 04/23/ 14- $676.00 Payne Academy Iowa 04/25/ 14 Chapter Spring Training Conf. Brian Rath- Upgrading Your Madison, WI 03/23/ 14- $3,280.00 Treatment Sanitary Sewer 03/25/ 14 Operator Maintenance Supervisor & Mark Program Brandes - CMOM Specialist February 24, 2014 12. 13. 14. 15. 16. Page 4 Wayne Castle, Assoc. Engineer 77th Annual SLSI Land Surveyors Conference Ames, IA 03/ 06/ 14- 03/ 07/ 14 $320.00 Eric Thorson, PE, 2014 West Des 04/ 02/ 14- $451.00 City Engineer APWA/ISOSWO Moines, IA 04/ 04/ 14 Joint Spring Conference Phillip Schuppert, Iowa Storm Water Ames, IA 03/03/ 14- $269.49 Storm Water Conference Making 03/ 04/ 14 Specialist Connections - Solving Problems Mark Boesen, National Healthy Nashville, 05/27/ 14- $6,437.00 Manager of Homes Conference TN 05/30/ 14 Rehabilitation (Lead Grant) Services; Megan Hoskins & Penny Gerholt, BH County Health Dept., Environmental Health Officers Suzy Schares-HR 2014 Iowa Altoona, IA 04/23/ 14- $908.00 Director, Nicole Fischels-HR Employment, Training, Benefits 04/24/ 14 Specialist, and & Wellness Nancy Culpepper- Conference HR Administrative Secretary 17. Recommendation of appointment of Angela Reid to the position of Education Coordinator from the current Civil Service list effective March 3, 2014. Submitted by Kent Shankle, Cultural & Arts Director 18. Recommendation of appointment of Christina Wood to the Cultural and Arts Commission, with term expiration of March 1, 2017. Submitted by Mayor Buck Clark 19. Approved Beer, Liquor, and Wine Applications Name & Address of Business Class New or Renewal Expiration Date Includes Sunday Winterfest 650 Stephan Ave. Class C Liquor New 03/ 01/ 14- 03/ 06/ 14 X February 24, 2014 PUBLIC HEARINGS Page 5 2. FY2014 Cedar Vista Shelter Project Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING—No objections on file. Motion to close hearing and receive and file oral and written comments. Resolution confirming approval of plans, specifications, form of contract, etc. Resolution ordering construction. Motion to receive and file and instruct City Clerk to open and read bids and refer to Leisure Services Director for review. Submitted by Travis Nichols, Leisure Services Facilities/Project Manager 3. Request by Harris Cleaning of Waterloo, Iowa for a site plan amendment to the "M -2,P" Planned Industrial District, to allow for the construction of a 80' X 125' (10,000 SF) industrial building, located at the southwest corner of Northeast Drive and Newell Street. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING—No objections on file. Motion to close hearing and receive and file oral and written comments and recommendation of approval of Planning, Programming and Zoning Commission. Motion to receive, file, consider and pass for the first time an Ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending 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 Completion of Project and Recommendation of Acceptance of Work performed by KWS, Inc. of Cedar Falls, Iowa, at a total cost of $89,867.00 in conjunction with FY2014 Danes Complex Lighting Project. Submitted by Travis Nichols, Leisure Services Facilities/Project Manager 5. Resolution approving 28E Agreements with City of Waterloo and the following communities: Denver, Dysart, Hudson, Dunkerton, Wellsburg, LaPorte City, Evansdale, Traer, Jesup, Fairbank, North Benton, Reinbeck, and Gladbrook-Lincoln; and authorize Mayor and City Clerk to execute said documents. Submitted by Pat Treloar, Chief of Fire Services February 24, 2014 Page 6 6. Resolution adopting the City of Waterloo Bicycle Master Plan by hereby adopting Chapter 5 Non -Motorized Transportation Component of the Black Hawk County Metropolitan Area Transportation Policy Board 2040 Long Range Transportation Plan as the City of Waterloo's Bicycle Master Plan. Submitted by Aric Schroeder, City Planner and Co -Chair of the Waterloo Blue Zones Community Policy Committee on Walkability and Bikeability 7. Resolution approving request by Craig Fairbanks Homes for the Final Plat of Crossroads Estates Replat No. 5, generally located along Hummingbird Circle between Bobolink Drive and Sarah Drive for the development of a S- lot residential subdivision on 1.9 acres. Submitted by Aric Schroeder, City Planner 8. Resolution setting date of hearing as March 10, 2014 to approve request of Stainless Investments, LLC of Waterloo, Iowa to rezone 0.41 acres of land from "R-2" One and Two Family Residence District to "C -1,C -Z" Conditional Zoning District located at 811 Elliot Court; and instruct City Clerk to publish notice. Submitted by Noel Anderson, Community Planning and Development Director 9. Resolution setting date of hearing as March 10, 2014 to approve request of Stainless Investments, LLC of Waterloo, Iowa for a Site Plan Amendment to the "C -1,C -Z" Conditional Zoning District, to allow for a 20'x60' (1,200 SF) addition to the existing building, as well as expand a vehicular area, located at 3533 Cedar Terrace Drive; and instruct City Clerk to publish notice. Submitted by Noel Anderson, Community Planning and Development Director 10. Resolution approving Memorandum of Agreement Regarding Prorating of Real Estate Taxes with L & H Farms, Ltd. of Waterloo, Iowa; and authorize Mayor and City Clerk to execute said document. Submitted by Noel Anderson, Community Planning & Development Director 11. Resolution approving Notice of Intent for NPDES Coverage Under General Permit to the Iowa Department of Natural Resources in conjunction with F.Y. 2014 Blowers Creek Storm Water Lift Station and Dry Run Creek Improvements, Contract No. 842; and authorize Mayor to execute said document. Submitted by Jamie Knutson, P.E., Associate Engineer 12. Resolution approving an amendment to the city travel and meetings guidelines. Submitted by Michelle Weidner, Chief Financial Officer February 24, 2014 Page 7 ORDINANCES 13. An Ordinance amending the Code of Ordinances of the City of Waterloo, by repealing Chapter 7, Housing, of Title 9, Building Regulations, of the Code of Ordinances of the City of Waterloo; and enacting in lieu thereof a new Chapter 7, Rental Housing, of Title 9, Building Regulations, of the Code of Ordinances of the City of Waterloo. Motion to receive, file, consider and pass for the third time an Ordinance repealing Chapter 7, Housing, of Title 9, Building Regulations, and enacting in lieu thereof a new Chapter 7, Rental Housing, of Title 9, Building Regulations. Motion to consider and pass for the third time and adopt ordinance. Resolution approving the Crime Free Lease Addendum for Waterloo Housing Ordinance. Resolution approving the fee schedule for the Waterloo Housing Ordinance. Submitted by Craig C/ark, Building Official/Maintenance Administrator 14. An Ordinance amending the 2007 Code of Ordinances of the City of Waterloo, Iowa by amending Section 6 of Chapter 2, Nuisances, of Title 4, Public Health and Safety, and by amending Sections 2, 3, 5, 6, 8, and 10 of Chapter 3, Solid Waste Collection and Disposal, of Title 4, Public Health and Safety, of the Code of Ordinances of the City of Waterloo. Motion to receive, file, consider and pass for the second time an Ordinance amending the 2007 Code of Ordinances of the City of Waterloo, Iowa by amending Section 6 of Chapter 2, Nuisances, of Title 4, Public Health and Safety, and by amending Sections 2, 3, 5, 6, 8, and 10 of Chapter 3, Solid Waste Collection and Disposal, of Title 4, Public Health and Safety. Motion suspending the rules. Motion to consider and pass for the third time and adopt ordinance. Submitted by Mayor Buck C/ark 15. An Ordinance amending the 2007 Code of Ordinances of the City of Waterloo, by repealing Chapter 1, Animal Control, of Title 5, Police Regulations, and enacting in lieu thereof a new Chapter 1, Animal Control, of Title 5, Police Regulations, of the Code of Ordinances of the City of Waterloo. Motion to receive, file, consider and pass for the first time an Ordinance repealing Chapter 1, Animal Control, of Title 5, Police Regulations, and enacting in lieu thereof a new Chapter 1, Animal Control, of Title 5, Police Regulations. Motion suspending the rules. Motion to consider and pass for the second and third time and adopt ordinance. Submitted by Sandie Greco, Superintendent of Traffic Operations. February 24, 2014 Page 8 OTHER COUNCIL BUSINESS 16. Asbestos Abatement for 134 Dearborn Avenue, 928 Mulberry Street, 717 Vinton Street, 927 Mullan Avenue, 67 Franklin Street, 820 Fowler Street, 409 State Street, 520 Cottage Street, 1013 Lincoln Street, 420 Dawson Street, and 801-805 Commercial Street. Motion to instruct Community Planning & Development Director to prepare plans, specifications, form of contract, etc. Motion to receive and file plans, specifications, form of contract, etc. Resolution preliminarily approving plans, specifications, form of contract, etc. Resolution setting date of hearing and bid opening as March 3, 2014; and instruct City Clerk to publish notice of plans, specifications, form of contract, etc. Submitted by Noel Anderson, Community Planning & Development Director ORAL PRESENTATIONS Motion to receive and file oral comments. ADJOURNMENT Motion to adjourn. Suzy Schares, CMC City Clerk/ Human Resource Director MEETINGS Monday, February 24, 2014 4:40 p.m. - Council Work Session -Law Court Theater 5:00 p.m. - Boards & Commissions Committee, Law Court Theater 5:05 p.m. - Finance Committee, Law Court Theater CONTRACT PAYMENT SCHEDULE 1. Blowers Creek Storm Water Lift Station -Dry Run Creek Annual Permit Fee Pay estimate to DNR in the total amount due of $175.00. February 17, 2014 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, February 17, 2014. Mayor Ernest G. Clark in the Chair. Roll Call: Cole, Jones, Schmitt, Lind, Morrissey, Welper, and Hart. Moment of Silence. Pledge of Allegiance: Sandie Greco, Superintendent of Traffic Operations. 142296 - Hart/Schmitt that the Agenda, as proposed, for the Regular Session on Monday, February 17, 2014, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. 142297 - Hart/Schmitt that the Minutes, as proposed, for the Regular Session on Monday, February 10, 2014, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. CONSENT AGENDA 142298 - 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 February 17, 2014, in the amount of $1,043,790.80, 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. 2014-111. 2. Acceptance of Acknowledgment/Settlement Agreement in the amount of $300.00 with Sycamore Convenience Store, 619 Sycamore Street, for sale of tobacco, tobacco products or cigarettes to persons under 18 years of age. The owner is allowed a one-time use of the class training program offered by Alcoholic Beverages Division, in lieu of payment of the $300.00 penalty that can be taken once in a four year period. Resolution adopted and upon approval by Mayor assigned No. 2014-112. 3. Request of Neil Miller for tax exemptions for the construction of a new twin home valued at $220,000.00 located at 1813-1815 Castle Street and located in the City Limits Urban Revitalization Area (CLURA). Resolution adopted and upon approval by Mayor assigned No. 2014-113. 4. Request of Waterloo Worship Center for a variance to the Noise Ordinance on August 16, 2014 from 3:00 p.m. to 5:00 p.m. in conjunction with The Party in the Park to be held at Lincoln Park including music 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. 2014-114. 5. Request of Main Street Waterloo for a variance to the Noise Ordinance on May 16 thru September 19, 2014 from 5:30 p.m. to 9:30 p.m. in conjunction with The Friday loo to be held at Lincoln Park including music 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. 2014-115. 6. Resolution approving request to cancel weed assessment that was certified to Black Hawk County, for property located at 2645 E. 4th Street in the amount of $85.00 that had been billed incorrectly. 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Voice vote -Ayes: Seven. Motion carried. Re -open the public hearing on Development Agreement with Black Hawk Contracting and Development of Waterloo, Iowa to authorize the sale and conveyance of a portion of city -owned property for $1.00 located along Lafayette Street near its intersection with East 3rd Street, for the construction of 6 townhouse dwellings (continued from January 13, 2014). Voice vote -Ayes: Seven. Motion carried. 142300 - This being the time and place of public hearing, the Mayor called for written and oral objections and there are written concerns on file in the City Clerk's office. Mayor Clark commended John Rooff for his projects in the City and explained that the City proposed the location. David Dryer, 3145 W. 3rd Street, expressed concern with selling the property for a dollar. Mayor Clark explained the development agreement. Chris Schwartz, 1105 Mulberry Street, spoke in support of the project. David Deeds, 922 Mulberry Street, spoke in support of the project. Forest Dillavou, 1725 Huntington Rd., clarified that this is in a TIF District. Noel Anderson, Community Planning and Development Director, explained that it is in the Logan Avenue TIF District. Charles Orr, 616 Sycamore Street, spoke in support of the project. Anne Walter, 875 Bower, spoke in support of selling the property to the church. Jack Black, 227 Downing Avenue, expressed concern with the proposal. He suggested removing parking meters. Noel Anderson, Community Planning and Development Director, explained that the development agreement abates taxes for 10 years at 50%. He explained how the TIF district works. John Sherbon, 1715 Robin Road, questioned if TIF funds have been released before. Michelle Weidner, Chief Financial Officer, explained what TIF funds were released. Craig White, 1563 Oakwood Drive, appealed the council to keep an open mind as they will be affecting over 600 families. William Schmid, 102 Elk Run St., Elk Run Heights, spoke in opposition of the development location. David Dryer, 4145 W 4th St., petitioned the council to consider splitting the parking lot to accommodate church members. Noel Anderson, Community Planning and Development Director, explained that option had been explored unsuccessfully. Mr. Morrissey spoke in support of the development and the future of our city. Mr. Hart spoke in support of the church. Mr. Schmitt spoke in support of the development but asked that it be relocated. Mr. Welper spoke in support of the development and its location, but will help to insure that the members of Queen of Peace will have parking in the future. 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Head Signature: # of Attachments: % SUBJECT: Submitted by: Proclamation: March 2014 asQuota Cares Month Featuring Cops 'N Kids Reading Program. Mayor Clark Recommended City Council Action: Summary Statement Expenditure Required Source of Funds Policy Issue Alternative Background Information: CITY OF WATERLOO, IOWA PitOC1.AMA1TON WHEREAS, Quota International, founded in 1919, is an international service organization devoted to promoting international understanding through friendship and service to communities for the common good; and WHEREAS, the Cops 'n Kids Reading Program was formed in 2004 to improve the reading skills of at -risk children by introducing them to the adventure and creativity received from reading and to empower all children to strive toward the fundamental successes in life through recognition of the importance of reading; and WHEREAS, the Cops 'n Kids Reading Program assembles community members to share the responsibility of social and educational development, encourages positive relationships between police officers and youth, ensuring all children have the opportunity to explore their full potential; and WHEREAS, through the cooperation of Quota International of Waterloo, Iowa, and the City of Waterloo Police Department, the Cops 'n Kids Reading Program has been a successful part of our community for ten years. NOW, THEREFORE, I, Buck Clark, Mayor of the City of Waterloo, Iowa, do hereby proclaim March 2014 as QUOTA CARES MONTH FEATURING COPS 'N KIDS READIN6 PROGRAM IN WITNESS WHEREOF, I, Mayor Buck Clark, hereby subscribe my name this 24th day of February 2014. ATTEST: uzy Scares City Cl k Buck Clark Mayor CITY OF WATERLOO Council Communication City Council Meeting: Prepared: Dept. Head Signature: # of Attachments: February 24, 2014 February 18, 2014 1 SUBJECT: Proclamation for Payne AME Church Founders Day Celebration Submitted by: Mayor Clark Recommended City Council Action: Summary Statement Expenditure Required Source of Funds Policy Issue Alternative Background Information: CITY OF WA1tRLO IOWA PROCLAMATION WHEREAS, Payne African Methodist Episcopal Church has been a pillar of our community and a place to worship freely since 1912; and WHEREAS, since its humble beginnings worshipping in a rented home on the corner of Bates and Merriman Streets, Payne A.M.E. has grown exponentially since then and now serves the community at its current location at Mobile and Oneida Streets; and WHEREAS, the milestone of serving the community for over 100 years is testament to the service, compassion and support Payne A.M.E. Church has given to its congregation and to the citizens of Waterloo. NOW, THEREFORE, I, Buck Clark, Mayor of the City of Waterloo, Iowa, do hereby, on behalf of the citizens of Waterloo, congratulate Payne A.M.E. Church on their 36th Anniversary Founders Day Celebration. IN WITNESS WHEREOF, I have hereunto set my hand and caused the official seal of the City of Waterloo to be affixed this 24th day of February 2014. ATTEST: \ . r-- uzy SihaiLes City Clerk Buck Clark Mayor City of Waterloo Finance Committee Open Invoice Report or Febrlary 24 2014 Approve Finance Committee Accounts Payable Open Invoice Report Total As of Friday, February 21, 2014 EFT Transactions: 1,298,925.84 !Subtotal - as of Monday, February 24 2014 1,298,925.84 Workers Compensation Issued by TPA Gross Payroll Housing Authority Housing Assistance EFT's Housing Authority Housing Assistance EFT's 2,393.47 1, 538, 934.50 214.00 324,520.40 !Bill Payment Total - Monday, February 24, 2014 3,164,988.21 Pay ent to C mil members or relate Cities: $0.00 City of Waterloo Payroll Vendor Disbursements Checks Issued and EFT JE: 1025 & 1030 Date: 02/21/14 Prepared by: BB Fund 010 Deductions from Inv journal 200 204 205 224 224 266 283 290 520 521 525 WAR WAR Vendor Check Amount EFT Inv jrnl Amount 229,204.80 210,484.25 ............... ............... (1,73.5 85) 171,276.16 5,336.37 4,979.93 5,701.19 .5,460.02 ............. ............... 3,581.30 ................ :: Qci hot its :< 5,493.50 32,398.01 41,948.48 3,640.81 4,404.57 1,172.55 1,029.76 15,464.73 19,174.06 6,064.64 6,537.63 7,732.67 9,941.65 481,573.23 306,152.81 GRAND TOTALS Fund 963,146.46 613, 870.81 1,577,017.27 (481,573 33) (306,152.81) (787,726.04) 481, 573.23 307,718.00 789,291.23 w/d amount To. (RB) ACCTS PYBL Bank Acct _,/(RB) OVRNT $ 724,929.99 (RB) CDBG ' (RB) CDBG ti(USB)HOUSE /(RB)SEW 3,581.30 Nolanking 5,493.50`)"),lia2X1 ./ 8,045.38[t -t �,J L� �-C }c, 47,241.06 Grand Total $ 789,291.23 010 1 010 1 200 1 204 1 205 1 224 2 224 2a 266 1 283 3 290 1 520 4 521 4 525 1 WAR .c=R-c.f/1-7/' 4eckl eZ6/4 (6 -74 c4.5 Amount 439,689.05 (1,715.85). 171,276.16 10,316.30 11,161.21 3,581.30 5,493.50 74,346.49 8,045.38 2,202.31 34,638.79 12,602.27 17,674.32 787,726.04 1, 577, 017.27 1 $ 724,929.99 2 3,581.30 2a 5,493.50 3 8,045.38 4 47,241.06 Grand Total $ 789,291.23 2/20/2014 forms pyril vendor disbrs banking net.xlsx 022114 cks+EFT City of Waterloo Payroll Date 02/21/14 Preparer: BB GL Date 02/21/14 Banking Date 02/21/14 JE 1021 Fund Dir Dep ACH 010 204 205 224 266 283 290 423 520 521 525 Net Payroll Total Net Payroll Total Bank Acct (RB) OVRNT (RB) CDBG j(USB)HOUSE /(RB)SEW Net Payroll checks only Dir Dep ACH Net Payroll Total DEBIT 538,963.67 10,371.52 10, 616.92 8,967.73 83,025.01 9,844.61 1,225.56 0.00 38,662.61 11,842.99 19, 665.56 733,186.18 Fund Dir Dep ACH 010 204 205 224 266 283 290 423 520 521 1 1 1 1 2 1 3 1 4 5 5 525 1 Net Payroll Total Dir Dep ACH 733,186.18 Net Payroll checks only w/d amount To: (WF) Payroll 1 $ 2 3 5 538,963.67 10,371.52 10,616.92 8,967.73 83,025.01 9,844.61 1,225.56 0.00 38,662.61 11, 842.99 19,665.56 733,186.18 (609,405.92) 123,780.26 54,462.32 8,967.73 9,844.61 50, 505.60 123,780.26 $ 54,462.32 atzeilLic p it i� %f V 4144. 8,967.7366`4 S�Gj I2- 1 � 9,844.61 f' .-11, VareA50,505.60 66)/"7YACL'4.%,� $ 123,780.26 ACH 609,405.92 $ 733,186.18 2/20/2014 forms payroll banking net.xlsx 022114 city of Waterloo Bill Payments Bill Date 2/24/2014 Banking Date 2/25/2014 Prepared by: RH Journal Number 1049 Fund Amount Fund Amount for formula 010 389,660.96 010 1 $ 389,660.96 101 36,017.00 101 1 36,017.00 204 155.82 204 1 155.82 224 104,988.28 224 2 104,988.28 266 74,327.29 266 1 74,327.29 283 5,151.41 283 3 5,151.41 290 5,943.98 290 1 5,943.98 408 3,786.50 408 4 3,786.50 409 175.00 409 4 175.00 411 23,201.95 411 4 23,201.95 412 27,760.83 412 4 27,760.83 413 27,778.26 413 4 27,778.26 414 85,754.95 414 4 85,754.95 426 481,086.68 426 1 481,086.68 520 23,244.74 520 5 23,244.74 521 26.00 521 5 26.00 525 7,728.97 525 1 7,728.97 WAR 1,296,788.62 1,296,788.62 juornal total 2,593,577.24 $ 2,593,577.24 1 $ 091 920.70 WAR formula (1,296,788.62) 2 104,988.28- 3 5,151.41 Approved check total 1,296,788.62 4 168,457.49 5 23;270.74 6 0:00 w/d amount / To: (RB) ACCTS PYBL $ 1,296,788.62 / Bank AcctViekTA j (RB) OVRNT $ 994,920.70 (RB) CDBG 104,988.28 (USB)HOUSE 5,151.41 (RB)GOB 168,457.49 (RB)SEW 23,270.74 $ 1,296,788.62 2/25/2014 forms bill banking net.xlsx 022414 No king r ver `frzvo, CITY OF WATERLOO Council Communication City Council Meeting: February 24, 2014 Prepared: February 17, 2014 Dept. Head Signature: Suzy Schares # of Attachments: SUBJECT: Resolution cancelling an assessment for 1024 Dundee Ave. Submitted by: Suzy Schares, City Clerk/HR Director Recommended City Council Action: Pass resolution approving cancellation of sewer/garbage/Stormwater assessment in the amount of $182.61. Summary Statement: Expenditure Required: none .....__....... Source of Funds Policy Issue Alternative Background Information: Upon gathering information for the bank that owns the property, it was brought to our attention that the 2012 assessment that was assessed in 2013 was invalid, due to water being shut off and removal of meter in 2011. DEANNE KOBLISKA From: MARY RATKOVICH Sent: Monday, February 10, 2014 4:34 PM To: DEANNE KOBLISKA Subject: RE: Assessment On June 27, 2013 On June 28, 2012 sewer $80.64, garbage $67.74, storm $34.23 sewer $28.76, garbage $24.16, storm $17.32 If you think about it...2012 for 2011 charges was a true assessment. In 2013 for 2012 charges we had the water shut off for nonpayment and there was no water usage metered so the house was probably vacant. You might want to think about voiding the 2013 assessment. Mary From: DEANNE KOBLISKA Sent: Monday, February 10, 2014 3:37 PM To: MARY RATKOVICH Subject: RE: Assessment Mary, Do you know when it was assessed? Thank you, ileA_ine hiob1iska ..d.min.?strathvc- Secretary fer Cita Clerk City of WPater!ce, Iowa 715 Mulberry Street 1.g -2g1-452 Ext 3000 1-4.571 From: MARY RATKOVICH Sent: Monday, February 10, 2014 3:03 PM To: DEANNE KOBLISKA Subject: RE: Assessment Hi DeAnne, The last true billing with usage was dated 8-26-2011. We shut the water off for collections 10-18-2011. We did not get our water meter out of the house until 11-9-12, it was then that we could final out the account. We continue to bill up to the point of removing the meter. Mary 1 DEANNE KOBUSKA From: MARY RATKOVICH Sent: Monday, February 10, 2014 4:34 PM To: DEANNE KOBLISKA Subject: RE: Assessment On June 27, 2013 On June 28, 2012 sewer $80.64, garbage $67.74, storm $34.23 sewer $28.76, garbage $24.16, storm $17.32 If you think about it...2012 for 2011 charges was a true assessment. In 2013 for 2012 charges we had the water shut off for nonpayment and there was no water usage metered so the house was probably vacant. You might want to think about voiding the 2013 assessment. Mary From: DEANNE KOBLISKA Sent: Monday, February 10, 2014 3:37 PM To: MARY RATKOVICH Subject: RE: Assessment Mary, Do you know when it was assessed? Thank you, DeAnne Kobliska Administrative Secretary for City Clerk City of Waterloo, Iowa 715 Mulberry Street 319-291-4522 Ext 3000 Fax: 291-4571 From: MARY RATKOVICH Sent: Monday, February 10, 2014 3:03 PM To: DEANNE KOBLISKA Subject: RE: Assessment Hi DeAnne, The last true billing with usage was dated 8-26-2011. We shut the water off for collections 10-18-2011. We did not get our water meter out of the house until 11-9-12, it was then that we could final out the account. We continue to bill up to the point of removing the meter. Mary 1 CITY OF WATERLOO Council Communication City Council Meeting: February 24, 2014 Prepared: February 17, 2014 Dept. Head Signature: Suzy Schares # of Attachments: SUBJECT: Resolution cancelling an assessment for 1024 Dundee Ave. Submitted by: Suzy Schares, City Clerk/HR Director Recommended City Council Action: Pass resolution approving cancellation of sewer/garbage/Stormwater assessment in the amount of $182.61. Summary Statement: Expenditure Required: none Source of Funds Policy Issue Alternative Background Information: Upon gathering information for the bank that owns the property, it was brought to our attention that the 2012 assessment that was assessed in 2013 was invalid, due to water being shut off and removal of meter in 2011. Black Hawk County Detailed Parcel Report Page 1 of 2 BLACK HAWK COUNTY REAL ESTATE ASSESSMENT AND TAX INFORMATION Parcel ID Deed Holder Tax Mail to Address 8913-22-357-010 CITIGROUP MORTGAGE LOAN TRUST WELLS FARGO REAL ESTATE TAX SERV 1 HOME CAMPUS MACX2302-04D DES MOINES, IA 50328-0000 PDF No. Map Area Contract Buyer 3 WWTLO-15 1/3/2014 Property Address Current Recorded Transfer 1024 DUNDEE AV WATERLOO, IA 50701-2218 Date Drawn Date Filed Recorded Document Type 9/25/2013 12/6/2013 2014 011626 D SALES BUILDING PERMIT Date Amount NUTC / Type Date Number Amount Reason 9/25/201332,360 Acres FORECLOSURES, FORFEITURES, SHERIFFS AND TAX SALES, OR TRANSFERS ... - 12 / Deed 1/3/2014 SC 0 Misc 5/28/2009 WA 02374 1,240 Roof 8/22/2005 WA HA 0946 3,500 Furnace 8/17/1994 39,950 NORMAL ARMS -LENGTH TRANSACTION - PRIOR 09 / Deed 5/27/199432,500 NORMAL ARMS -LENGTH TRANSACTION - PRIOR 09 / Deed ASSESSED VALUES/CREDITS Year Class 2013 R 100% Value Land Dwelling Building M/E Total Acres 7,760 70,210 0 0 77,970 0 Credits Military Exemption Homestead Credit Disabled Veteran Credit Property Tax Relief Credit Agricultural Credit Family Farm Credit Y Y Taxable Value Land Dwelling Building M/E Total 4,221 38,194 0 0 42,415 Year Class 2012 R 100% Value Land Dwelling Building M/E Total Acres 7,760 74,110 0 0 81,870 0 Credits Military Exemption Homestead Credit Disabled Veteran Credit Property Tax Relief Credit Agricultural Credit Family Farm Credit Y Y Taxable Value Land `Dwelling Building M/E Total 4,099 39,142 0 0 43,241 Year Class 2011 R 100% Value Land Dwelling Building M/E Total Acres 7,760 74,110 0 0 81,870 0 Credits Military Exemption Homestead Credit Disabled Veteran Credit Property Tax Relief Credit Agricultural Credit Family Farm Credit Y Taxable Value Land Dwelling Building M/E Total 3,938 37,612 0 0 41,550 Tax District TAX INFORMATION ASSESSMENT YEAR 2012 PAYABLE 2013/2014 940001 - WATERLOO http://www2. co.black-hawk.ia. us/website/bhm ap/bh Rep Det. asp?apn=8913223 57010 3/3/2014 Black Hawk County Detailed Parcel Report Page 2 of 2 LEGAL HAGERMAN PLACE LOT 23 BLK 9 LAND Basis Gross Value Taxable Value Military Exemption Levy Rate Gross Tax Net Tax Corp 81,870 41,389 1,852 0.61203 $1,680.89 $1,484.00 Nocorp 0 0 0 0 $0.00 5 0 Homestead Credit Disabled Veteran Credit Property Tax Relief Credit Ag Credit Family Farm Credit Corp $196.97 $0.00 $0.00 $0.00 $0.00 Nocorp Interior Finish Vinyl $0.00 Roof Asph / Gable LEGAL HAGERMAN PLACE LOT 23 BLK 9 LAND Basis Front Rear Side 1 Side 2 Lot Area Acres Front Foot 40 40 125 125 0 5000 0.115 Totals: Total Rooms Below Bedrooms Above Bedrooms Below 5 0 5000 0.115 DWELLING CHARACTERISTICS Type Style Total Living Area Single -Family / Owner Occupied 1 1/2 Story Frame 1060.8 Year Built Area Heat AC Attic 1949 624 Yes No None Total Rooms Above Total Rooms Below Bedrooms Above Bedrooms Below 5 0 3 0 Basement Basement Finished Area No Basement Floor Full 175 0 Foundation Flooring C Blk Carp / Vinyl Exterior Walls Interior Finish Vinyl Drwl Roof Asph / Gable Non -Base Heating Floor/Wall Pipeless Handfired Space Heaters 0 Plumbing 1 Full Bath Style Area 'Deck Concrete Patio -Low 192 GARAGES ear Built Style idth 124 Length Area Basement Qtrs Over Area AC 1988 Det Frame 24 576 0 None 0 0 BASEMENT STALLS None 'Entry Status: Inspected http://www2.co.black-hawk.ia.us/website/bhmap/bhRepDet.asp?apn=891322357010 3/3/2014 CITY OF WATERLOO Council Communication City Council Meeting: February 24, 2014 Prepared: February 17, 2014 Dept. Head Signature: Suzy Schares # of Attachments: SUBJECT: Resolution cancelling an assessment for 1024 Dundee Ave. Submitted by: Suzy Schares, City Clerk/HR Director Recommended City Council Action: Pass resolution approving cancellation of sewer/garbage/Stormwater assessment in the amount of $182.61. Summary Statement: Expenditure Required: none Source of Funds Policy Issue Alternative Background Information: Upon gathering information for the bank that owns the property, it was brought to our attention that the 2012 assessment that was assessed in 2013 was invalid, due to water being shut off and removal of meter in 2011. DEANNE KOBLISKA From: MARY RATKOVICH Sent: Monday, February 10, 2014 4:34 PM To: DEANNE KOBLISKA Subject: RE: Assessment On June 27, 2013 On June 28, 2012 sewer $80.64, garbage $67.74, storm $34.23 sewer $28.76, garbage $24.16, storm $17.32 If you think about it...2012 for 2011 charges was a true assessment. In 2013 for 2012 charges we had the water shut off for nonpayment and there was no water usage metered so the house was probably vacant. You might want to think about voiding the 2013 assessment. Mary From: DEANNE KOBLISKA Sent: Monday, February 10, 2014 3:37 PM To: MARY RATKOVICH Subject: RE: Assessment Mary, Do you know when it was assessed? Thank you, DeAnne Kobliska Administrative Secretary for City Clerk City of Waterloo, Iowa 715 Mulberry Street 319-291-4522 Ext 3000 Fax: 291-4571 From: MARY RATKOVICH Sent: Monday, February 10, 2014 3:03 PM To: DEANNE KOBLISKA Subject: RE: Assessment Hi DeAnne, The last true billing with usage was dated 8-26-2011. We shut the water off for collections 10-18-2011. We did not get our water meter out of the house until 11-9-12, it was then that we could final out the account. We continue to bill up to the point of removing the meter. Mary 1 Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-130 RESOLUTION APPROVING ABATEMENT OF ASSESSMENT FOR PARCEL NUMBER 8913-22-357-010 IN THE CITY OF WATERLOO, IOWA. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, that the following assessment be and the same is hereby abated: Parcel No. 8913-22-357-010 (1024 Dundee Avenue) Hagerman Place Lot 23 Block 9, all in the City of Waterloo, Black Hawk County, Iowa. Garbage/Sewer/Storm Sewer Assessment - $182.61 BE IT FURTHER RESOLVED that the assessment be and the same hereby cancelled and the City Clerk be and she is hereby directed to notify the Black Hawk County Treasurer of said cancellation. PASSED AND ADOPTED this 24th day of February, 2014. ATTEST: Suzy Sc ares, CMC City C erk r -nest G. Clark, Mayor Mayor BUCK CLARK COUNCIL MEMBERS DAVID JONES Ward I 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 WA -111f 4.511.111.014.1,015, 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: Februa 2' 2 Prepared: February 14, 2014 Dept. Head Signature: # of Attachments: SUBJECT: CLURA application for tax exemptions for new single family home construction located at 4745 Yellowstone Dr, Waterloo, Iowa 50701. Submitted by: Noel Anderson- Community Planning & Development Director Recommended City Council Action: Resolution approving CLURA application from Andrew Weinberg for the construction of a new single family home located at 4745 Yellowstone Dr., Waterloo, Iowa 50701, Valued at $372,000, and authorize Mayor and City Clerk to execute said documents. Summary Statement: The Planning, Programming, and Zoning Commission staff has reviewed this application and feels that the project qualifies for exemptions from taxes on the actual value added to Residential property under the City Limits Urban Revitalization Area Plan. ADDRESS 4745 Yellowstone Dr, Waterloo, Iowa 50701 LEGAL DESCRIPTION Klingaman Park Fourth Addition Lot 24, Waterloo, Black Hawk County, Iowa Expenditure Required: N/A Source of Funds: N/A Policy Issue: CLURA Alternative: N/A Attachment(s) cc: Noel Anderson, Community Planning & Development Director Aric Schroeder, City Planner Adrienne Voelker, Associate Planner CITY WEBSITE: www.ci.waterlooja.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer (..._74f OM 0171 /dvvary44.1-ewv adssess�! CITY LIMITS URBAN REVITALIZATION APPLICATION FOR PROPERTY TAX EXEMPTION FOR CONSTRUCTION OF NEW ONE OR TWO__ FAMILY DWELLINGS UNDER THE PROVISIONS OF THE CITY LIMITSURBAN REVITALIZATION AREA PLAN ADOPTED BY THE CITY COUNCIL OF THE CITY OF WATERLOO. The City Limits Urban Revitalization Area (CLURA) allows property tax exemptions for newly constructed one or two family dwellings (single family homes or duplex/twin homes) that meet the following criteria: 1. Be located within the CLURA boundaries (a map of which can be obtained from the City of Waterloo Community Planning & Development Department.) 2. This application must be filed with City prior to the 12 working day of February following the year when the improvements are completed to comply with the timeline of the State Code of Iowa, Section 404.4 unnumbered paragraph 2. However, a single application may be filed upon completion of an entire project requiring more than one year to construct or complete, providing prior approval has been granted by the City Council or County Board of Supervisors. Please fill out the following information for your application to be submitted to the City Council. NAME: AnatreA/; Ate n6u ADDRESS: 4 7445 "'%/oLJs`ovK I1) TELEPHONE: 3 I el 30 33(.7 S SIGNAT DATE: l i-1 l L4 A. What is the Address of the property being improved? 4 '1'4 ie !tow s1z -1(_ What is the Legal Description of the property? (May be available at County Recorder's Office on 2nd floor of the Courthouse) B. What was the nature of the improvement(s)? (must be single family homes or duplex/twin homes to qualify) %ie �J 3 ',It) -f— t C' 0r1:47-1-4 CTJ U✓1 C. City of Waterloo Building and Inspections Department Information: Permit Number: Pr 0-158 cl Date permit was issued: ' I I —I ! l3 D. What was the cost of the new construction? 431 Z )000: D Total permit(s) valuation:C� g 32- E. Estimated or actual date of completion of this new construction? / 1 (LA CITY OF WATERLOO APPROVED DENIED DATED: RESOLUTION NO: BLACK HAWK COUNTY ASSESSOR APPROVED DENIED DATED: Tami McFarland Black Hawk County Assessor Note: City Council approval does not guarantee tax exemptions. The application must be reviewed and approved by the Black Hawk County Assessor's Office for criteria eligibility. Return To: UICCU, 3049 Cedar Heights Dr., Cedar Falls, IA 50613 Preparer: Charles P. Augustine, 531 Commercial Street, Ste. 250, Waterloo, IA 50701, (319) 232-3304 Taxpayer: Andrew P. Weinberg and Joanna K. Weinberg, 4745 Yellowstone Dr., Waterloo, IA 50702 File # 13-12454 WARRANTY DEED (CORPORATE GRANTOR) For the consideration of One and No/100 ---- Dollar(s) and other valuable consideration, Midwest Development Co., a corporation organized and existing under the laws of Iowa, does hereby Convey to Andrew P. Weinberg and Joanna K. Weinberg, as Joint Tenants with Full Rights of Survivorship, and not as Tenants in Common, the following described real estate in Black Hawk County, Iowa: Lot 24, Klingaman Park Fourth Addition, Waterloo, Black Hawk, Iowa (a Re -Plat of Tract C, Klingaman Park Third Addition). Subject to easements, restrictions, covenants, ordinances and limited access provisions of record. Grantor does Hereby Covenant with grantees, and successors in interest, that grantor holds the real estate by title in fee simple; that it has good and lawful authority to sell and convey the real estate; that the real estate is free and clear of all liens and encumbrances except as may be above stated; and grantor Covenants to Warrant and Defend the real estate against the lawful claims of all persons except as may be above stated. Words and phrases herein, including acknowledgment hereof, shall be construed as in the singular or plural number, and as masculine or feminine gender, according to the context. Dated: 1" t t Midwest Development Co. By Kyle Skogman, as President of Midwest Develo ment Co. By (2i \tu tk .` 1 ' CIJ , as T(ttt ` • •'L & of Midwest Development Co. STATE OF IOWA, COUNTY OF LINN, ss: o� This instrument was ackno viedged before me on this t day of Oc ober, 2013, by Kyle Skogman, as President, and \(:, �I ( � as �2.(l�� ` S �t of Midwest Development Co. BRANDY STARKS t Commission Number 742154 My Commission Expires 4i August 08. 2015 t Prepared by DeAnne Kobliska, Administrative Secretary, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, 319-291-4323. RESOLUTION NO. 2014-131 RESOLUTION APPROVING APPLICATION WITH ANDREW WEINBERG FOR TAX EXEMPTIONS ON THE CONSTRUCTION OF A NEW SINGLE FAMILY HOME VALUED AT $372,000.00 FOR PROPERTY LOCATED AT 4745 YELLOWSTONE DRIVE IN THE CITY LIMITS URBAN REVITALIZATION AREA (CLURA), IN THE CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA. WHEREAS, Andrew Weinberg has submitted an application dated February 14, 2014 to the City Council of the City of Waterloo, Iowa, requesting to receive tax exemption for the construction of a new single family home valued at $372,000.00 for property located at 4745 Yellowstone Drive, more fully described as follows: Lot No. 24, Klingaman Park Fourth Addition, Waterloo, Black Hawk, Iowa (a Re -Plat of Tract C, Klingaman Park Third Addition). Subject to easements, restrictions, covenants, ordinances and limited access provisions of records; and, WHEREAS, said property is located within the designated City Limits Urban Revitalization Area (CLURA)in Waterloo, Iowa, as previously established by the City Council of the City of Waterloo, Iowa, and WHEREAS, the new construction project respecting said property is in conformance with the City Limits Urban Revitalization Area (CLURA) Plan as officially adopted by the City Council for the City of Waterloo, Iowa, and WHEREAS, the new construction on said property was made during the time in which such improvements are eligible for the tax exemption as set forth in the City Limits Urban Revitalization Area (CLURA) Plan as adopted by the City Council of the City of Waterloo, Iowa, and as set forth in the Urban Revitalization Act as adopted by the Legislature of the State of Iowa and signed by the Governor of the State of Iowa, and WHEREAS, said applicant is requesting the following three- year exemption schedule: For the first year For the second year For the third year 100% 100% 100% NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, that said application is hereby approved and the City Clerk is hereby authorized and directed to forward said application and a copy of this resolution to the Assessor. PASSED AND ADOPTED this 24thda of February, 2014. rnest G. Clar ATTEST: `Suzy Scares, CMC City Cl-rk , Mayor Mayor BUCK CLARK COUNCIL MEMBERS DAVID JONES Ward I 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 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: Februa 2 201 Prepared: February 18, 2014 Dept. Head Signature: # of Attachments: SUBJECT: CLURA application for tax exemptions for new twin home construction located at 5546 Summerland Dr, Waterloo, Iowa 50702. Submitted by: Noel Anderson- Community Planning & Development Director Recommended City Council Action: Resolution approving CLURA application from Kevin & Angela Ballenger for the construction of a new twin home (condo) located at 5546 Summerland Dr., Waterloo, Iowa 50702, Valued at $150,000 and authorize Mayor and City Clerk to execute said documents. Summary Statement: The Planning, Programming, and Zoning Commission staff has reviewed this application and feels that the project qualifies for exemptions from taxes on the actual value added to Residential property under the City Limits Urban Revitalization Area Plan. ADDRESS 5546 Summerland Dr., Waterloo, Iowa 50702 LEGAL DESCRIPTION Summerland Farms Lot 47 except Southwesterly 20 Feet in Even Width Expenditure Required: N/A Source of Funds: N/A Policy Issue: CLURA Alternative: N/A Attachment(s) cc: Noel Anderson, Community Planning & Development Director Aric Schroeder, City Planner Adrienne Voelker, Associate Planner CITY WEBSITE: www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer CITY LIMITS URBAN REVITALIZATION APPLICATION FOR PROPERTY TAX EXEMPTION FOR CONSTRUCTION OF NEW ONE O' FAMILY DWELLINGS UNDER THE PROVISIONS OF THE CITY LIIVIITFr, i' 'v %Nes REVITALIZATION AREA PLAN ADOPTED BY THE CITY COUNCll ; THE CITY OF)00 WATERLOO. m�.:5Y3m' The City Limits Urban Revitalization Area (CLURA) allows property tax exemptions for newly couctdd'oneor two family dwellings (single family homes or duplex/twin homes) that meet the following criteria: 3 =1 .' 1. Be located within the CLURA boundaries (a map of which can be obtained from the City of Waterloo Chmmunity Planning & Development Department.) 2. This application must be filed with City prior to the 1-8 working day of February following the year when the improvements are completed to comply with the timeline of the State Code of Iowa, Section 404.4 uuhered paragr 2. However, a single application may be filed upon completion of an entire project requiring more thafi c aril , construct or complete, providing prior approval has been granted by the City Council or County Board of Supervisors. Please fill out the following information for your application to be submitted to the City Council. � NAME: U lrl 06E -J1-1-0 II (LEAK EgIGNATURE: G ADDRESS: 5346' €1.01 ridecLnter 0 TELEPHONE: rI,3 1 -- 313 - z z r DATE: r#N4 C- A. A. What is the Address of the property being improved? ',.-616-14-1., m L/N T) What is the Legal Description of the property? (May be available at County Recorder's Office on 2nd floor of the Courthouse) Oto --ked B. What was the nature of the improvement(s)? (must be single family homes or duplex/twin homes to qualify) .—I—u I r) Now C. City of Waterloo Building and Inspections Department Information: Permit Number: 'c —> ( Date permit was issued: D. What was the cost of the new construction? Total permit(s) valuation: t /41/ E. Estimated or actual date of completion of this new construction? 45-0 CITY OF WATERLOO APPROVED DENIED DATED: RESOLUTION NO: BLACK HAWK COUNTY ASSESSOR APPROVED DENIED DATED: Tami McFarland Black Hawk County Assessor Note: City Council approval does not guarantee tax exemptions. The application must be reviewed and approved by the Black Hawk County Assessor's Office for criteria eligibility. KIRK D. ESCHLIMAN, P.L.S., IA. LIC. NO. 9961, 819 SYCAMORE STREET, WATERLOO, IA. 50703-4729 PHONE: 319-234-0509 FAX: 319-236-3597 COPYRIGHT & PORPERTY RIGHTS IN THESE DOCUMENTS ARE EXPRESSLY RESERVED BY KESS & ASSOCIATES, INC. NO REPRODUCTIONS, COPIES OR CHANGES IN ANY MANNER SHALL BE MADE WITHOUT OBTAINING PRIOR WRITTEN CONSENT FROM KESS & ASSOCIATES, INC. PLAT OF SURVEY: PARCEL "T99 & "U" SE 1/4 Da O ,-3 M 00 co r tt'.I.T� Q.Cv cz . 00 a.> / . C.7 oC„' y'v J S0 N KT NO. 4 MBAR W/ 1ELLOW IU. CAP - IOWA -9961' // rs rit A2O '':-7 ET A 4 RMOW REEBAARRW/ 62J SWA-9981' ?� A • (500.36'33"E) `:y0 OC" r m �S ‘..._' `(�, /pp [1 /SyZ S8J so NO. 4 BEAR W/ `- YO /1,' �� /l 062�� i�OWF 98O. 1 Y a // P2' -9t=1 IJ Po r 0mo 1 277 / ov rC-." W co / c .d b %0O �' / . 2 OCD] CO CO / G✓ COQ C7 J ,o -• A. P KS 40-9 L i .p. L.: Cv / 0) 0) N o r (28.77') SET NO 4 RBAR W/ TUN 10 CAP IOWA -96r .NQ ,S-7, eP / �, a r H O id CD.T1o 7� `41' 1-3 i • 1-- '7',..,,,.? J "pc 6.O ��P 6FJ • q( 07S . ') l �� �rY '�-7-tinL •F.' ' 8 °0 • 1 e C ( 6 i mt�P8'�) ��7z.4536') • r sa ,y,,c6^"� (1g0 36"E) sJ \ A (70 0 p°)) (NO0'36'33'W stA rtiB,. rsz A`%3 (s �s s„ Ri. °) FJ o2A�� 0 P.oa 50.00' PARCEL 'T. / s_.2t, N Spm ��0(21.08') C \F / F °F RL�ND DRIVE / 7 �ti3Ao.. o A-- 4 pR7V£r RIGy / 73� . T < , Cy °< ;270' 7g Fr / FJ Cy C< 7pa4\ ��7%S36S FT / .,.„0 �N?4.20•31„ ps L - ) / �� 3g 0 Cyc11:2,4109:03 49 23, CN77'ix, 5»5-) SET N0 4 RE8AR W/ YELLOW B. CAP IOWA -9961' (.1 .. o Us C° O C0 0 (D N 0 l N oN O � OF WAY (401'56'24"E) (NO0'36'3311) ,tea r- -"Ns,_s 50.00' 50.00' (N0036'33"W) 50.00' ,05 LEGAL DESCRIPTION: A 9RVEY OF PARCEL 7 SE 1/4, SEC 13, 1804, RI3111, 00 THE 56 PI, BE NC PART OF LOT 47 91NGERAND FAQ OTT OF WATERLOO, BIM HAWK CCBRY, STAB Cr IOWA, MORE PARTICULARLY DESCBED AS FOLL011B WOLINI TG AT THE NORIHWESEALY COM OF SAB LOT 47; THENCE 50076'33'0, 28.77 FEET ALONG THE PEST DIE OF SAID LOT 47 MICE S42118221 15.58 FEET ALONG 111E NORTHWESTERLY LIB B SAB LOT 47; EKE 5696'131, 13554 FEET, TOA PUNT ON A NONTA.NGENTAL COM, CONVAIE OMIT HONG A M ORO EARN OF N12'4536'E, 69.36 FEET, RAMC A RADIUS Cr 150.66', TO 040 EASTERLY INE OF SAID LOT 47, ALSO KING THE WESTERLY RIGHT OF WAY 18(000009116400010: THENCE 7000 FEET NAVC SAID CURVE, ALONG SAB YESIEIUY RICHT OF WAY B 9AOEAWND ORM; TAHOE 4 056)3IY, 21.08 FEET ALONG THE WESTERLY RICHT OF WAY OF SAB SUOIE TIAND ORM TO Of NORM DIE OF SAID LOT 47; HENCE 0002822'W, 13010 FEET ALONG SAID NORM LK TO DE POINT B BEAMING CONTAINING 8.720.2 S0. FL OR 0100 ROES A 017101 OF PARCEL 5' SE 1/4, SEC 13, 113111, 171312, OF 11E 510 Lk, BEING PART OF LOT 47 SGNME1W.11K1 FARIS CITY Of WATERLOO RACK NAW% CTUHIY, STATE 6 ma, MORE PARTICULARLY OE50805 AS P91056 0000040NG AT 110 NOWIHT'ASITAY ONE CF S45 LOT 47; 1TENCE 900364335, 24077 FEET ALONG 1140 WEST 114E CF SAO LOT 47' THENCE S42'062216 15.58 FEET ALONG IRE NORTHWESTERLY LIRE OF 5140 LOT 47, TO THE POINT OF BEGINNING 1HENlE =MK 5400821 W, 44.42 FEET ALONG SAID NORDIWESIBEY LIE; TABOO 54616'250 130.35 FEET, TO THE NE510161 ROT OF WAY OF 947AERLANO DEE; THENCE N4I'4536'1., 5225 FEET ALONG SAO RESULT ROT 00 PIAT ID A PONT 61 A CURVE CONCAVE *011016110111, HAVING A 016TD BEARING 1F 417356'150, 4575 FEET WIN A 15006 RADIUS; THENCE NORTHEASTERLY 4088 FEET ALONG SAB CURE, TOA KW; THFNOE N697613'IR 13334 FEET TO THE POINT OF DEMON; CQTTABOINC 8,9766 SO Ft. OR 0.206 ACRES THIS PLAT OR SUBDIVISION HAS BEEN REVIEWED BF WATERLOO. Cl PLANNER OR DESIGNEE DATE ,I HEREBY CERTIFY THAT THIS LAND SURVEYING DOCUMENT WAS PREPARED AND THE RELATED SURVEY WORK WAS PERFORMED BY ME OR UNDER MY DIRECT PERSONAL SUPER fi►•,•• +.. __ I AM A DULY LICENSED LAND LO VE , UNDER L .WS OF THE STATE OF IOWA. JAM �,7 ,°"tiarru"" ,•10 ...... s/,„” `.�w'f • •., off,' _ "/ Birk D. •':�= * Kse99 9aaai*= A ., '':„ '••,•,•••,1.•'• •,,. '""•,,, raxn ,,,,•'" UNESSANYEMBOSSEDRSEALIS AFFIXID) HEREON CURRENT OWNER: IOWA DEVELOPMENT ENTERPRISES, LLC PER BLACK HAWK COUNTY RECORDER'S OFFICE: DOC. N0. 2010-004962 PREPARED FOR: I.D.E., LLC UNASSIGNED ADDRESS 9JMMERLAND DRIVE WATERLOO, IA 50701 REQUESTED BY: JASON GUTHRIE WATERLOO, IA 50701 1(SHEET NO. 1 OF 1' SCALE 0 30 60 Moo 3 (A'Zol —GRAPAIC r 1 Inch = 30 Ft. ,.*,, DENOTES ASSUMED BEARING "O" DENOTES MONUMENT FOUND 0 DENOTES MNUMENT SET 0.00' DENOTES ROCORD DIMENSION (0.00') DENOTES FIELD DIMENSION KIRK . ESCHLIMAN, P.L.S. IOWA LIC. NO. 9961 MY LICENSE RENEWAL DATE IS DECEMBER 31, 2013 PAGES OR SHEETS COVERED BY THIS SIGNATURE & SEAL SHEET 1 OF I KESS 8c ASSOCIATES HNC e 819 SYCAMORE ST., WATERLOO, IOWA 50703-4729 PHONE: (319) 234-0509 DATE OF FIELD WORK: 05/30/2013 CDD FILEN 13A52PS1.DWG PROJECT NO.: C13A52 Prepared by DeAnne Kobliska, Administrative Secretary, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, 319-291-4323. RESOLUTION NO. 2014-132 RESOLUTION APPROVING APPLICATION WITH KEVIN & ANGELA BALLENGER FOR TAX EXEMPTIONS ON THE CONSTRUCTION OF A NEW TWIN HOME (CONDO) VALUED AT $150,000.00 FOR PROPERTY LOCATED AT 5546 SUMMERLAND DRIVE IN THE CITY LIMITS URBAN REVITALIZATION AREA (CLURA), IN THE CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA. WHEREAS, Kevin & Angela Ballenger has submitted an application dated February 14, 2014 to the City Council of the City of Waterloo, Iowa, requesting to receive tax exemptions for the construction of a new twin home (condo) valued at $150,000.00 for property located at 5546 Summerland Drive, more fully described as follows: A survey of parcel "T" Southeast '4, Section 13, T88N, R13W, of the 5th P.M., being part of Lot 47 Summerland Farms, City of Waterloo, Black Hawk County, State of Iowa, more particularly described as follows: Beginning at the Northwesterly corner of said Lot 47; thence S00°36'33"E, 28.77 feet along the West line of said Lot 47; thence S42°06'22"W, 15.58 feet along the Northwesterly line of said Lot 47; thence S69°26'13"E, 133.54 feet, to a point on a nontangental curve, concave Westerly having a chord bearing of N12°45'36"E, 69.36 feet, having a radius of 150.00 feet, to the Easterly line of said Lot 47, also being the Westerly right of way line of Summerland Drive; thence 70.00 feet along said curve, along said Westerly right of way of Summerland Drive; thence N00°36'33"W, 21.08 feet along the Westerly right of way of said Summerland Drive to the north line of said Lot 47; thence S89°20'22"W, 130.10 feet along said North line, to the point of beginning, containing 8,720.2 square feet or 0.200 acres. A survey of parcel "U" Southeast '41, Section 13, T88N, R13W, of the 5th P.M., Being part of Lot 47 Summerland Farms, City of Waterloo, Black Hawk County, State of Iowa, more particularly described as follows: Commencing at the Northwesterly corner of said Lot 47, thence S00°36'33"E, 28.77 feet along the West line of said Lot 47; thence S42°06'22"W, 15.58 feet along the Northwesterly line of said Lot 47, to the point of beginning; thence continuing S42°06'22"W, 44.42 feet along said Northwesterly line; thence S48°16'25"E, 130.35 feet, to the Westerly right of way of Summerland Drive; thence N41°43'36"E, 52.25 feet along said Westerly right of way, to a point on a curve concave Northwesterly, having a chord bearing of N33°56'15"E, 40.75 feet with a 150.00 feet radius; thence Northeasterly 40.88 feet along said curve, to a point; thence N69°26'13"W, 133.54 feet to the point of beginning, containing 8,978.6 square feet or 0.206 acres. Subject to easements, restrictions, covenants, ordinances and limited access provisions of records; Resolution No. 2014-132 Page 2 and, WHEREAS, said property is located within the designated City Limits Urban Revitalization Area (CLURA)in Waterloo, Iowa, as previously established by the City Council of the City of Waterloo, Iowa, and WHEREAS, the new construction project respecting said property is in conformance with the City Limits Urban Revitalization Area (CLURA) Plan as officially adopted by the City Council for the City of Waterloo, Iowa, and WHEREAS, the new construction on said property was made during the time in which such improvements are eligible for the tax exemption as set forth in the City Limits Urban Revitalization Area (CLURA) Plan as adopted by the City Council of the City of Waterloo, Iowa, and as set forth in the Urban Revitalization Act as adopted by the Legislature of the State of Iowa and signed by the Governor of the State of Iowa, and WHEREAS, said applicant is requesting the following three- year exemption schedule: For the first year For the second year For the third year 100% 100% 100% NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, that said application is hereby approved and the City Clerk is hereby authorized and directed to forward said application and a copy of this resolution to the Assessor. PASSED AND ADOPTED this 24th day of February, 2014. Ernest G. Clark, Mayor ATTEST: Suzy Sch City Cle res, CMC k TRAVEL REQUEST CITY OF WATERLOO FINANCE DEPT. LINE ITEM USED FY, t/i BUDGETED EXPENDED YTD THIS REQUEST LEFT AFTER THIS REQUEST DATE Original - Clerk/Finance STAFF ONLY 010-09-8250-1346 goo O?U?o; moot acak- Copy - be•artment NAME(S) AND POSITION(S): Suzy Schares -HR Director*, Nicole Fischels- HR Specialist, Nancy Culpepper- HR Administrative Secretary DATE: 2/10/2014 NAME OF CLASS / MEETING: 2014 Iowa Employment, Training, Benefits & Wellness Conference DESTINATION: Altoona, Iowa DEPARTURE POINT IF NOT WATERLOO: City Hall, Waterloo, Iowa DEPARTURE DATE: April 23, 2014 RETURN DATE: April 24, 2014 DATE(S) OF MEETING: April 23 and 24, 2014 PURPOSE OF TRAVEL/TRAINING: Continuing Education and Training on New Human Resources Rules and Regulations WILL TRAVEL REQUIRE ADDITIONAL PERSONNEL: x COST $ YES NO METHOD OF TRAVEL: x CITY VEHICLE AIRFARE DEPARTING FROM: PRIVATE VEHICLE vto 03-ttIOU-13y(- no ESTIMATE OF COST: 123.00 LODGING 165.00 MEALS 570.00 REGISTRATION 50.00 MILEAGE/FUEL TOTAL FOR ALL: $ 908.00 TAXI PARKING AIRFARE MISC/TOLLS BUDGET LINE ITEM: ()IQ - (('9 _ c25O 3 LO., x GRANT REIMBURSABLE 7 71 YES NO x REQUIRED CERTIFICATION YES NO TOTAL: $ 302.67 PER PERSON I BELIEVE THIS TRIP SERVES A PUBLIC PURPOSE AND IS NECESSARY AND BENEFICIAL TO THE CITY OF WATERLOO DEPARTM NT HEAD DATE K:\Shared Goodies\Forms\Travel Request Form January 2010 I APPROVE THIS TRAVEL REQUEST MAYOR a-lagI+9- DATE TRAVEL REQUEST CITY OF WATERLOO FINANCE DEPT. LINE ITEM USED FY _2014_ BUDGETED EXPENDED YTD THIS REQUEST LEFT AFTER THIS REQUEST DATE Original - Clerk/Finance STAFF ONLY 010-11-1100-1346 7c1 gi ?'V'VK! Copy - Department NAME(S) AND POSITION(S): Inv. Nick Sadd & Inv. Adam Wittmayer DATE: February 5,2014 NAME OF CLASS / MEETING: CTK Advanced Interview and Interrogation School DESTINATION: Waterloo, Iowa DEPARTURE POINT IF NOT WATERLOO: DEPARTURE DATE: May 28-29,2014 Return Date: May 29, 2014 DATE(S) OF MEETING: May 28-29,2014 PURPOSE OF TRAVEL: Capt. Pillack is requesting authorization to send Inv. Nick Sadd and Adam Wittmayer to the Advanced Interview and Interrogation School at Hawkeye Community College on May 28-29,2014. This 2 -day school is taught by the CTK Group, which are investigators from the Iowa Division of Criminal Investigation. The attendees have already attended the three- day course and now will be taught advanced techniques on how to interview the persons who commit the most serious crimes in our community. The cost of registration is $225.00 per officer. There is no other cost associated with this course. WILL TRAVEL REQUIRE ADDITIONAL PERSONNEL: x COST $ YES NO METHOD OF TRAVEL: CITY VEHICLE XX PRIVATE VEHICLE AIRFARE DEPARTING FROM: ESTIMATE OF COST: $ 0.00 LODGING $0.00 MEALS $450.00 REGISTRATION $0.00 MILEAGE/FUEL TOTAL FOR ALL: $ 450.00 TAXI PARKING AIRFARE MISC/TOLLS BUDGET LINE ITEM: x GRANT REIMBURSABLE YES NO x REQUIRED CERTIFICATION YES NO TOTAL: $ 225.00 PER PERSON I BELIEVE THIS TRIP SERVES A PUBLIC PURPOSE AND IS NECESSARY AND BENEFICIAL TO THE CITY OF WATERLOO I APPROVE THIS TRAVEL REQUEST x"4/1 DEPARTMENT HEAD MAYOR 2 - DATE DATE TRAVEL REQUEST CITY OF WATERLOO FINANCE DEPT. STAFF ONLY LINE ITEM USED 010-11-1100-1346�`� FY _2014 ` 6:_ BUDGETED 00 EXPENDED YTD / 4‘./ THIS REQUEST / g/10 O LEFT AFTER THIS REQUEST 7U g /`� DATE 7.2 , -/ 20/4 Original - Clerk/Finance Copy - Department NAME(S) AND POSITION(S): Eight (8) Sworn Waterloo Police Officers DATE: February 5, 2014 NAME OF CLASS I MEETING: CTK Interview and Interrogation School DESTINATION: Waterloo, Iowa DEPARTURE POINT IF NOT WATERLOO: DEPARTURE DATE: April 21, 2014 Return Date: April 23, 2014 DATE(S) OF MEETING: April 21-23,2014 PURPOSE OF TRAVEL: Capt. Leibold is requesting authorization to send 8 Officers to Interview and Interrogation School at Hawkeye Community College on April 21-23,2014. This 3 -day school is taught by the CTK Group, which are investigators from the Iowa Division of Criminal Investigation. The attendees will be taught how to improve their interview and interrogation skills to better improve our ability to solve crimes. The cost of registration is $300.00 per officer. The class is sponsored by the Waterloo Police Department and is taught at Hawkeye Community College. The Waterloo Police Department receives 2 free spots for sponsoring this training. There is no other cost associated with this course. WILL TRAVEL REQUIRE ADDITIONAL PERSONNEL: x COST $ YES NO METHOD OF TRAVEL: CITY VEHICLE XX PRIVATE VEHICLE AIRFARE DEPARTING FROM: ESTIMATE OF COST: $ 0.00 LODGING TAXI $0.00 MEALS PARKING $1800.00 REGISTRATION AIRFARE $0.00 MILEAGE/FUEL MISC/TOLLS TOTAL FOR ALL: $ 1800.00 BUDGET LINE ITEM: x GRANT REIMBURSABLE YES NO x REQUIRED CERTIFICATION YES NO TOTAL: $ 225.00 PER PERSON I BELIEVE THIS TRIP SERVES A PUBLIC PURPOSE AND IS NECESSARY AND BENEFICIAL TO THE CITY OF WATERLOO I APPROVE THIS TRAVEL REQUEST DEPARTMENT HEAD MAYOR DATE DATE TRAVEL REQUEST CITY OF WATERLOO FINANCE DEPT. STAFF ONLY, LINE ITEM USED 010-11-1346 FY _>_''' BUDGETED /Ue() EXPENDED YTD — THIS REQUEST / 7.7 Q LEFT AFTER THIS REQUEST (7,7./-) DATE 7nid Original - Clerk/Finance Copy - Department NAME(S) AND POSITION(S): Director Dan Trelka DATE: February 5, 2014 NAME OF CLASS / MEETING: International Association of Chiefs of Police Conference DESTINATION: Orlando, Florida DEPARTURE POINT IF NOT WATERLOO: DEPARTURE DATE: October 24, 2014 Return Date: October 29, 2014 DATE(S) OF MEETING: Oct. 25-28,2014 PURPOSE OF TRAVEL: Director Trelka is requesting authorization to attend the International Association of Chiefs of Police Conference in Orlando, Florida. This 4 -Day Conference is intended to bring Law Enforcement Officials from across the nation together to address the critical issues that Law Enforcement Officers encounter on a daily basis. It will provide a learning environment of new technology to develop ways to better serve our communities. WILL TRAVEL REQUIRE ADDITIONAL PERSONNEL: x COST $ YES NO METHOD OF TRAVEL: CITY VEHICLE PRIVATE VEHICLE AIRFARE DEPARTING FROM: Waterloo, Cedar Rapids, or Des Moines ESTIMATE OF COST: $ 625.00 LODGING TAXI $350.00 MEALS PARKING $295.00 REGISTRATION $350.00 AIRFARE $0.00 MILEAGE/FUEL $100.00 Baggage Fees TOTAL FOR ALL: $ 1720.00 BUDGET LINE ITEM: x GRANT REIMBURSABLE YES NO x REQUIRED CERTIFICATION YES NO TOTAL: $ 1720.00 PER PERSON I BELIEVE THIS TRIP SERVES A PUBLIC PURPOSE AND IS NECESSARY AND BENEFICIAL TO THE CITY OF WATERLOO DEPARTMENT HEAD I APPROVE THIS TRAVEL REQUEST MAYOR DATE DATE TRAVEL REQUEST CITY OF WATERLOO FINANCE DEPT. LINE ITEM USED FY _2014_ BUDGETED EXPENDED YTD THIS REQUEST LEFT AFTER THIS REQUEST DATE Original - Clerk/Finance STAFF ONLY 010-11-1100-1346 7-.. k / Copy - Department NAME(S) AND POSITION(S): Inv. David McFarland DATE: February 7, 2014 NAME OF CLASS I MEETING: Death and Homicide Investigation DESTINATION: Kansas City, Missouri DEPARTURE POINT IF NOT WATERLOO: DEPARTURE DATE: April 13, 2014 Return Date: April 18, 2014 DATE(S) OF MEETING: April 14-18,2014 PURPOSE OF TRAVEL: Lt McNamee is requesting authorization to send In. David McFarland to the Death and Homicide Investigation school at the Kansas City, Missouri Police Academy on April 14-18,2014, in Kansas City, Missouri. This 5 -Day school will instruct how to conduct death investigations that range from suicides to homicides It will cover such topics as death scene investigations, cold case files, DNA, crime scene reconstruction through blood splatter analysis, spouse and child death investigations. Inv. McFarland is a core investigator who currently assigned to investigate these types of crimes. A city vehicle will be needed for travel to the training facility. WILL TRAVEL REQUIRE ADDITIONAL PERSONNEL: x COST $ YES NO METHOD OF TRAVEL: XX CITY VEHICLE AIRFARE DEPARTING FROM: PRIVATE VEHICLE ESTIMATE OF COST: $625.00 LODGING $385.00 MEALS $525.00 REGISTRATION $200.00 MILEAGE/FUEL TOTAL FOR ALL: $ 1735.00 TAXI PARKING AIRFARE MISCITOLLS BUDGET LINE ITEM: x GRANT REIMBURSABLE YES NO x REQUIRED CERTIFICATION YES NO TOTAL: $ 1735.00 PER PERSON I BELIEVE THIS TRIP SERVES A PUBLIC PURPOSE AND IS NECESSARY AND BENEFICIAL TO THE CITY OF WATERLOO DEPARTMENT HEAD I APPROVE THIS TRAVEL REQUEST MAYOR DATE DATE TRAVEL REQUEST CITY OF WATERLOO P000tO FINANCE DEPT. STAFF ONLY LINE ITEM USED FY _2014_ BUDGETED EXPENDED YTD THIS REQUEST LEFT AFTER THIS REQUEST DATE Original - Clerk/Finance 010-11-1100-1346 16-00 //4411/' L) ?GJ 2-7-•;261 Copy - Department NAME(S) AND POSITION(S): Sgt. Aaron McClelland DATE: January 23, 2014 NAME OF CLASS / MEETING: Interdiction for the Protection of Children DESTINATION: Johnston, Iowa DEPARTURE POINT IF NOT WATERLOO: DEPARTURE DATE: February 5, 2014 Return Date: February 6,2014 DATE(S) OF MEETING: February 5-6,2014 PURPOSE OF TRAVEL: Lt Krogh is requesting authorization to send Sgt. Aaron McClelland to the Interdiction for the Protection of Children Conference at Camp Dodge Feb. 5-6,2014, in Johnston, Iowa. This conference, presented by the Texas Department of Public Safety with assistance from the FBI, and the National Center for Exploited and Missing Children, is designed to teach Officers of variety of resources available to agencies to assist them in investigations of missing or abducted children. It will also provide knowledge for the behavior patterns of both suspect and victims in an abduction case. There are no registration fees for this course. The only cost will be lodging and meals. A city vehicle will be needed for travel to the training facility. WILL TRAVEL REQUIRE ADDITIONAL PERSONNEL: x COST $ YES NO METHOD OF TRAVEL: XX CITY VEHICLE AIRFARE DEPARTING FROM: PRIVATE VEHICLE ESTIMATE OF COST: $105,00 LODGING $57.00 MEALS $0.00 REGISTRATION $ 25.01 MILEAGE/FUEL TAXI PARKING AIRFARE M ISC/TOLLS TOTAL FOR ALL: $ $187.01 -:47,4C1' (-6'6 Gi f49v 0) X was BUDGET LINE ITEM: x GRANT REIMBURSABLE YES NO x REQUIRED CERTIFICATION YES NO TOTAL: $ $187.01 PER PERSON I BELIEVE THIS TRIP SERVES A PUBLIC PURPOSE AND IS NECESSARY AND BENEFICIAL TO THE CITY OF WATERLOO I APPROVE THIS TRAVEL REQUEST r; DEPARTMENT HEAD MAYOR DATE "kLt-1 / Lf DATE TRAVEL REQUEST CITY OF WATERLOO FINANCE DEPT. STAFF ONLY ..b.0 LINE ITEM USED 010-11-1100-1346 FY _2014 BUDGETED EXPENDED YTD THIS REQUEST LEFT AFTER THIS REQUEST DATE Original - Clerk/Finance J�=z; /6% 1 !' 2iY /-,l-- Copy - Department NAME(S) AND POSITION(S): Sgt. Aaron McClelland DATE: January 23, 2014 NAME OF CLASS / MEETING: Interdiction for the Protection of Children DESTINATION: Johnston, Iowa DEPARTURE POINT IF NOT WATERLOO: DEPARTURE DATE: February 5, 2014 Return Date: February 6, 2014 DATE(S) OF MEETING: February 5-6,2014 PURPOSE OF TRAVEL: Lt Krogh is requesting authorization to send Sgt. Aaron McClelland to the Interdiction for the Protection of Children Conference at Camp Dodge Feb. 5-6,2014, in Johnston, Iowa. This conference, presented by the Texas Department of Public Safety with assistance from the FBI, and the National Center for Exploited and Missing Children, is designed to teach Officers of variety of resources available to agencies to assist them in investigations of missing or abducted children. It will also provide knowledge for the behavior patterns of both suspect and victims in an abduction case. There are no registration fees for this course. The only cost will be lodging and meals. A city vehicle will be needed for travel to the training facility. WILL TRAVEL REQUIRE ADDITIONAL PERSONNEL: x COST $ YES NO METHOD OF TRAVEL: XX CITY VEHICLE AIRFARE DEPARTING FROM: PRIVATE VEHICLE ESTIMATE OF COST: $100.00 LODGING TAXI $57.00 MEALS PARKING $0.00 REGISTRATION AIRFARE $0.00 MILEAGE/FUEL MISC/TOLLS TOTAL FOR ALL: $ 157.00 BUDGET LINE ITEM: x GRANT REIMBURSABLE YES NO x REQUIRED CERTIFICATION YES NO TOTAL: $ 15T00 PER PERSON I BELIEVE THIS TRIP SERVES A PUBLIC PURPOSE AND IS NECESSARY AND BENEFICIAL TO THE CITY OF WATERLOO I APPROVE THIS TRAVEL REQUEST DEPARTMENT HEAD MAYOR -- c2 DATE DATE TRAVEL REQUEST CITY OF WATERLOO FINANCE DEPT. STAFF LINE ITEM USED did c� FY BUDGETED EXPENDED YTD THIS REQUEST LEFT AFTER THIS REQUEST DATE ONLY 1 «v /31 tV 45U: (Q / aS/J.dO /3qq. 39 Poi Original - Clerk/Finance Copy - Department NAME(S) AND POSITION(S): Todd Derifield, City Forester DATE: 2/7/2014 NAME OF CLASS / MEETING: Shade Tree Short Course and INLA Tradeshow DESTINATION: Ames IA DEPARTURE POINT IF NOT WATERLOO: DEPARTURE DATE: 2/25/2014 RETURN DATE: 2/27/2014 DATE(S) OF MEETING: 2/25/14 — 2/27/14 PURPOSE OF TRAVEL/TRAINING: Educational in the field of arboriculture. Collect CEU's for the required Certified Arborist status. WILL TRAVEL REQUIRE ADDITIONAL PERSONNEL: x COST $ YES NO METHOD OF TRAVEL: X CITY VEHICLE AIRFARE DEPARTING FROM: PRIVATE VEHICLE ESTIMATE OF COST: 100.00 LODGING MEALS 150.00 REGISTRATION MILEAGE/FUEL TOTAL FOR ALL: $ 250.00 TAXI PARKING AIRFARE MISC/TOLLS BUDGET LINE ITEM: 010-37-4100-1346 X GRANT REIMBURSABLE YES NO X YES NO REQUIRED CERTIFICATION TOTAL: $ 250.00 PER PERSON I BELIEVE THIS TRIP SERVES A PUBLIC PURPOSE AND IS NECESSARY AND BENEFICIAL TO THE CITY OF WATERLOO DEPARTMENT /G7 I APPROVE THIS TRAVEL REQUEST /di MAYOR DATE DATE K:AShared Goodies\Forms\Travel Request Form January 2010 Shade Tree Short Course and INLA Tradeshow Home Keynote Speakers Registration Conference at a Glance Workshop Descroptic Pesticide Continuing Education Location/ Directions/ Parking Lodging Contact Us Exhib!tors Shade Tree Short Course and INLA Tradeshow February 25-27, 2014 at Scheman Building Pesticide Continuing Education Page 1 of 1 The Iowa Pesticide Act provides two options for renewing commercial pesticide applicator certification. Commercial and public applicators may choose to renew their certification by testing once every three years or by attending approved instructional training each year. Recertification by training requires participation in two hours of approved instructional training each year, in each category in which an applicator is certified. Some programs may be approved for more than one category and simultaneous credit hours are possible. Applicators will not be allowed to make up hours that they missed in a previous year, nor will they be allowed to carry forward excess credit hours. The Iowa Department of Agriculture and Land Stewardship approved the ISU Shade Tree Short Course/INLA Conference and Trade Show for two hours of recertification credit in categories 2, 30 30T, and 10. Tp receive recertification credit, an applicator must attend workshop C-7 or G-7, --Cor inuing Instructional Course for Pesticide Applicators," and any one of the following workshops: "Pest Management" workshops at the 2014 Shade Tree Short Course A-1 or C-1 A-2 or B-2 A-4 or E-4 A-5 or D-3 B-7 or E-7 D-1 or E-1 D-6 F-1 G-1 IOWA STATE UNIVERsr1 Extension and Ow rrh Hope for Restoration of North American Ash after EAB (Koch) Elements of Tree Quality (McAdams) When Popular Landscape Shrubs Turn Invasive: What to do?! (Brand) Diagnosing Health Problems of Woody Plants (Jesse, Saalau, and Vitosh) Cooperative EAB Management to Achieve Great Net Benefits (Hafner) Some Insect, Mite, and Disease Problems Common to Nurseries (McAdams) Treatment Options and Application Techniques For Emerald Ash Borer (Shour) What Have We Learned about EAB From Our Colleagues "Out East"? (Zwack) Individual Pests, Multiple Strategies: North American Experiences with Exotic Invasive Pests Managed at Local, Municipal, and Federal Levels (Zwack) Conference Planning and Management, (800) 262-0015, 1601 Golden Aspen Dr. Ste 110, Ames, IA 50010 Copyright 2012 Iowa State University I Contact Us I Policies I State & National Extension Partners http://www.extension. iastate.edu/registration/events/conferences/shadetree/pec.html 1/30/2014 58THAnnua1 o Nurseryandscaue Association a State University Shade Tree r Conference February 25-27, 2014 Scheman Building • Iowa State University • Ames, Iowa Participant Information NAME FIRST MIDDLE INITIAL LAST E-MAIL PHONE DAYTIME EVENING FAX COMPANY/AFFILIATION ADDRESS CITY/STATE/ZIP Special Needs (dietary or mobility?) Please list below: It's Easy to Register! Online www.cpm.iastate.edu/shadetree Mail Conference Planning & Management: 1601 Golden Aspen Drive Suite 110 Ames, IA 50010 Fax (515) 232-6716 REGISTER EARLY! Advanced registration is required due to the multiple workshop format of the Shade Tree Short Course. One, two three-hour workshops are offered. IOWA COUNTY Business Classification (check only one) ❑ Design professional ❑ Nursery and landscape professional ❑ Arborist U Master Gardener U Educator/student ❑ State/municipal employee Registration Options Registration fee* Full time academic student or ISU staff* Optional ISU CEU Dinner and Auction, February 26 Professional Classification (all that apply) ❑ Iowa Arborist Association ❑ Iowa Nursery & Landscape Association ❑ Iowa Golf Course Superintendents Association ❑ Iowa Professional Lawn Care Association ❑ Iowa Sports Turf Managers Association ❑ American Society of Landscape Architects Optional lunch, February 27 Pesticide Applicator Recertification INLA Day Event Rates, February 25 ICNP Certification Exam** ICNP Certification Exam Retest** ICNP Continuing Education Program on or *includes lunch on February 26 ** INLA will contact you with test preparation details. Method of Payment ❑ Check — Make checks payable to Iowa State University ❑ Visa ❑ Mastercard ❑ Discover before Feb.14 $150 $75 $25 $40 Adult $15 Child $15 $35 Member $75 $40 $15 after Feb.14 $175 $90 $25 $40 Adult $15 Child $15 $35 Non-member $150 $80 $15 TOTAL $ No refunds after February 21 CARDHOLDER NAME SIGNATURE Purchase Order (please attach a copy) CARD NUMBER EXP. DATE P.O. H BILLING ADDRESS ORGANIZATION IN CARE OF / ATTENTION ADDRESS CITY/STATE/ZIP IOWA COUNTY 9 10 es( a) February 26, 2014 Session A Workshops, 1:00-2:00 p.m. - A-1. Hope for Restoration of North American Ash after EAB* - A-2. Elements of Tree Quality* - A-3. Think Tough, Think Elm: Selecting and Forming Urban Forest Infrastructure - A-4. When Popular Landscape Shrubs Turn Invasive: What to do?!* - A-5. Diagnosing Health Problems of Woody Plants* (two-hour session, do not select in session 8) Limit 30 per session - A-6. The Black Plastic and Fabric Container Debate: How Container Type Affects Nursery Production and Landscape Establishment of Trees - A-7. Barkophiles: Why We Love Bark - A-8. A Simple Approach to Landscape Photography Using Your Smart Phone! Session B Workshops, 2:15-3:15 p.m. - B-1. Trees and Turf: Can't We All Just Get Along? - B-2. Elements of Tree Quality* - B-3. NDSU Woody Plant Improvement: Breeding, Selection, and Research Efforts - B-4. Chokeberry Becomes an Ornamental Superfruit - A Fairytale Story about Improving the Genus Aronia - B-6. Plant Selection for Secure Landscapes - B-7. Cooperative EAB Management to Achieve Greater Net Benefits* Session C Workshops, 4:00-5:00 p.m. - C-1. Hope for Restoration of North American Ash after EAB* - C-2. Trees and Turf: Can't We All Just Get Along? Barkophiles: Why We Love Bark - C-4. Restoring the Community Forest: Joplin Tree Recovery - C-5. Profitable Pond Building Requires Knowledgeable Pond Building - C-6. Plant Selection for Secure Landscapes - C-7. Continuing Instructional Course for Pesticide Applicators** Limit 50 per session Session D Workshops, 8:30-9:30 a.m. - D-1. Some Insect, Mite, and Disease Problems Common to Nurseries* - D-2. Mid-century Modern Landscape Design (three-hour session, do not select in session E and Fl Limit 100 - D-3. Diagnosing Health Problems of Woody Plants* (two-hour session, do not select in session El Limit 30 per session sc ciy, February 27, 2014 - D-4. Restoring the Community Forest: Joplin Tree Recovery - D-5. Basics of Landscape Design Using Woody Plants - D-6. Treatment Options and Application Techniques for Emerald Ash Borer* Limit 40 - D-7. Living Collections as Genetic Resource for New Woody Plant Development Session E Workshops, 9:45-10:45 a.m. - E-1. Some Insect, Mite, and Disease Problems Common to Nurseries* - E-4. When Popular Landscape Shrubs Turn Invasive: What to do?!* - E-5. Sensational Shrubbery for the Midwest - E-6. ISA's Tree Risk Assessment Methodology - E-7. Cooperative EAB Management to Achieve Greater Net Benefits* Session F Workshops, 11:00-12:00 p.m. (Noon) - F-1. What Have We Learned about EAB From Our Colleagues "Out East"?* - F-3. Chokeberry Becomes an Ornamental Superfruit - A Fairytale Story about Improving the Genus Aronia - F-4. Great Woody Plants for Discerning Gardeners - F-5. Profitable Pond Building Requires Knowledgeable Pond Building - F-6. Benefits of Living Architecture - F-7. ISA's Tree Risk Assessment Methodology Session G Workshops, 1:15-2:15 p.m. - G-1. Individual Pests, Multiple Strategies: North American Experiences with Exotic Invasive Pests Managed at Local, Municipal, and Federal Levels* - G-2. The Black Plastic and Fabric Container Debate: How Container Type Affects Nursery Production and Landscape Establishment of Trees - G-3. Think Tough, Think Elm: Selecting and Forming Urban Forest Infrastructure - G-4. NDSU Woody Plant Improvement: Breeding, Selection, and Research Efforts - G-5. Online Learning with ISA - G-6. Benefits of Living Architecture - G-7. Continuing Instructional Course for Pesticide Applicators** Limit 50 per session *Qualifying Pesticide Applicator Workshops **Required Pesticide Applicator Workshop TRAVEL REQUEST CITY OF WATERLOO FINANCE DEPT. LINE ITEM USED FY ;4‘)4 BUDGETED EXPENDED YTD THIS REQUEST LEFT AFTER THIS REQUEST DATE Original - Clerk/Finance STAFF ONLY 0,01‘13:4 58 "3 f34 2a ovo. rf) 445-V. 34 810. do /8,075.6Y a //-40/eG Copy - De•artment NAME(S) AND POSITION(S): Nancy Gulick, Community Development Coordinator DATE: 1-27-2014 NAME OF CLASS / MEETING: Region 7 & 8 Lead and Healthy Homes Conference DESTINATION: Kansas City, MO DEPARTURE POINT Waterloo IF NOT WATERLOO: DEPARTURE DATE: 3-24-2014 RETURN DATE: 3-26-2014 DATE(S) OF MEETING: 3-25 to 26-2014 PURPOSE OF TRAVEL/TRAINING: Attend Region 7 & 8 Lead and Healthy Homes Conference. Required training for all Office of Healthy Homes and Lead Hazard Control Grantees. WILL TRAVEL REQUIRE ADDITIONAL PERSONNEL: X COST $ YES NO METHOD OF TRAVEL: CITY VEHICLE AIRFARE X PRIVATE VEHICLE DEPARTING FROM: ESTIMATE OF COST: 450 110 235 LODGING MEALS REGISTRATION MILEAGE/FUEL 75 TOTAL FOR ALL: $ 870 TAXI PARKING AIRFARE LUGGAGE 224-32-5853-1346 BUDGET LINE ITEM: BGLED TRVL X GRANT REIMBURSABLE YES NO X REQUIRED CERTIFICATION YES NO Mandatory Training TOTAL: $ PER PERSON I BELIEVE THIS TRIP SERVES A PUBLIC PURRQSE AND IS NECESSARY AND BENEFICIAL TO THE \i CITY OF WATERLOO ' DEPARTMENT HEAD 2-4-2014 DATE J:\NANCY-G\travel\Travel Request Form KC 2 1-27-2014.docx I APPROVE THIS TRAVEL REQUEST MAYOR DATE 0J+1 if FY 2014 OHHLHC Region 7 and 8 Grantee Conference Agenda Tuesday March 25, 2014 7:30 am - 9:00 am Registration - Morning Coffee and Networking 9:00 am - 9:15 am 9:15 am -10:15 am (Tab X) 10:15 am - 10:35 am Welcome and Overview Region 7 and 8 GTR, OHHLHC !?; KCMG HD LHC Grantee and Conference Host Speaking a Common Language /Childrens Mercy Hospital- Breaking into the Medical field to find champions and build awareness/advocacy for your programs. Steps to take in your area. NCHH--HHP trainer, LIRA investigator - Expanding a small staff by working with nursing school programs/students in the field to perform HH assessments. NCHH Certified Trainer- Networking with National Center for Healthy Homes Training Center. Your area may need representation so looking into become a training partner or an independent site can bring advocacy and a sustaining profit from training fees. Website features and new booking system to sign up for training. Networking Break/ Materials Market Place (Each Grantee will be offered a table to highlight marketing tools and forms they use to protect and promote their program activities) 10:35 am - 11:45 am (Tab X) 11:45 am -12:05 pm (Tab X) 12:00 pm - 1:30 pm BUILD- ING Relationships Every grant manager; no matter how seasoned, needs to develop the needed confidence to implement complex federal programs through positive and motivating relationships. Contractor Relationships - Panel of local contractors who have found success in"partnering with OHHLHC programs. Will describe their barriers and success plus average cost and timeframes for OHHLHC projects. Session will be focused on busting myths on both sides and learning how successful grantees have built a rapport to recruit and retain qualified bidders. Panel will take questions from all area grantees and contractors who have sent forward comments/concerns to share here. Comments from State of Iowa Enforcement and Training program will also be highlighted. David Hart- PM KS Scott Graybill- PM KCMG S and A Construction- KS KC area Contractor in good standing ! Relocation Reviewing the Uniform Relocation Act application to"OHHLHC awards. Compliance versus Benefit. What is required and what is eligible will be reviewed. Why you want to offer relocation monies to applicants and how far you should go. Shannon Steinbauer, OHHLHC Region 7 and 8 GTR Grantee Speaker with an example of modified relocation plan Lunch on Your Own 1:30 pm to 2:05 pm (Tab X) 2:05 pm 2:25 pm (Tab X) 2:25 pm 3:35 pm (Tab X) HHRS and the 29 Hazard Assessment Review how to complete these items, how they are different and what documentation is required for OHHLHC unit files. How to choose interventions and use your HHS funds in compliance. NCHH Training Center SiteTrainer '! Grantee Speaker on how they are documenting their tools in unit files Problem Solving and Conflict Resolution Knowing what regulations and laws govern your grant is essential to successful implementation. This session will help youunderstand what applies to your program to avoid any obstacles or barriers you may face. A list with links to online documents will be provided by state representation. Priority of documents always defaults to whatever action is most protective and remaining eligible cost for OHHLHC programs. Shannon Steinhauer, GTR Region 7 and 8 OHHLHC Innovation Around the Corner Panel of speakers will discuss how fellow grantees are pushing forward into the next generation of successful program management. One Touch Application Collaboration , Omaha LHC Project Director- Program Web Site rncintk'z EP(Children's Mercy Sequel System Designer)- Web Based Assessment and Data Report Hub Demo Sasser Dubuque HH/LHC grantee- working with foundation group for common access and referrals of qualified applicants. 3:35 pm - 3:50 pm Networking Break/ Materials Market Place (Each Grantee will be offered a table to highlight marketing tools and forms they use to protect and promote their program activities) 3:50 pm - 4:15pm (Tab X) 4:15 pm - 5:15 pm 5:15pm - 5: 30pm Be the answer! Group discussion to discover the three top conflict/problems program management work on daily. Identified problems will be phrased into topics and all participants will break into 3 separate groups and rotate through the topic tables. Each table group will fill in the blanks on identifying all possible causes/contributions to the problem, possible solutions/alternatives to avoid the problem, what resources are needed to solve each cause/alternative. Each table will be given an easel and large note cards/post its' to place brief answers under the columns provided. Each table participant will provide a vote for their top choice of resolution. Each person can only vote once per table.'Lastgroup at each table will summarize and report out on the issue, possible answers and top vote. All info will be used to take action for the problem where possible at a minimum brought forward to OHHLHC leadership for awareness. Topic #1 Table 15 min Topic #2 Table 15 min Summary and Convene Topic #3 Table 15 min+ 15 Min summary/report to group Wednesday March 26, 2013 8:00 am - 9:00am 9:00 am - 10:15 am Tab X) 10:15am - 10:35 am (Tab X) Morning Coffee and Networking Show me the MONEY! What is the plan to continue the work in Lead and HH once the grant money goes away for your area? Some area advocates have been successful in securing Medicaid funding for assessments AND interventions. Learn about the steps they took to get there and how you could get started in your area. Kevin Kennedy OHHLHC Tech Studies Grantee, Children's Mercy Hospital Environmental Health Unit to Speak on Medicaid Reimbursement and the Medicaid Summit and Website to help you find the answers! XXX, MO Insurance representative XXX, KS State Health Department Representative Sustainability through Policy Sustaining HH will stem from what is written down. After the people and the money clear if Lead and HH. objectives are written into policies of partners and local code they remain alive. Look at your current partners and make a wish list. What is your ideal policy for them to adopt? What steps can lead you there? GET STARTED! This does not require a big league partner or paying for services to establish connections. Shannon Steinbauer, OHHLHC GTR Region 7 and 8 KCMO or KS Enforcement Team? Weatherization Programs/KC Sustainable Housing 10:35 am - 10:50 am 10:55 am - 12:00 pm Tool BOX Lead Safe Registries Networking Break Capturing and sharing your data to your communities. See examples from your (Tab X) 1 `fellow grantees on how they are doing this and the feedback they have had from the community. Steve Zivny, Omaha LHC Program Director David Hart, Kansas LHC Program Manager Google Maps Plotting your success on a map can help others understand what you do and where you work. It can describe volume and value while helping a partner understand where the bottom lines cross. Step by Step how to place data sets into GOOGLE Maps and what variables you will want to show aboutthe data you map. Add pictures and details that will paint the big picture of your program impact and potential. Mark Sorbo, OHHLHCGTR Region 2 By Phone/Adobe Connect HealthyHomes.gov The website is ready to launch. Here is a first peak at what is available and what is to be added in phase 2 and 3. How you will find your grant highlighted on this site. Shannon Steinhauer, OHHLHC GTR Region 7 and 8 12:00 pm - 12:30 pm Summary and Review Now is the time to give feedback, ask questions about the presentations and what to do next. Open mic! Fill out evaluations and pick up market place materials. 2-4-2014 Noel, here is the new travel request. I have included meals for the following: March 24-$25 March 25-$55 March 26-$30 For a total of $110. I have the agenda now and the conference ends at 12:30 on the 2nd day. I am going to drive myself because I might stay in KC longer or go down earlier, of course, at no additional cost to the City. If I do not go earlier or stay later, I will use the mileage/fuel line item for any gasoline I need to purchase using the City car. The extra amounts on the first request were because I did not know when the conference ended. I never request reimbursement for more than what I actually use or stay and always follow the travel policy. If the weather is not good, I may need to amend my travel request which I was trying to avoid having to do with the first request. TRAVEL REQUEST CITY OF WATERLOO FINANCE DEPT. STAFF ONLY /� LINE ITEM USED �„�G� / f �v�OL i3L/ FY ✓`. ' I BUDGETED Sf20 f" 3 0 EXPENDED YTD / C‘,/, 6-1 pY - D nt i�d%� THIS REQUEST LEFT AFTER THIS REQUEST DATE Original - Clerk/Finance NAME(S) AND POSITION(S): Brian Rath — Treatment Operator Supervisor Mark Brandes — CMOM Specialist DATE: 2/11/2014 NAME OF CLASS / MEETING: Upgrading Your Sanitary Sewer Maintenance Program DESTINATION: Madison WI DEPARTURE DATE: 3/23/2014 RETURN DATE: 3/25/2014 DATE(S) OF MEETING: 3/24-3/25/2014 PURPOSE OF TRAVELITRAINING: Education Ceu's WILL TRAVEL REQUIRE ADDITIONAL PERSONNEL: YES NO COST $ METHOD OF TRAVEL: x CITY VEHICLE AIRFARE DEPARTING FROM: Waterloo PRIVATE VEHICLE ESTIMATE OF COST: 325.00 LODGING TAXI 70.00 MEALS PARKING 1,195.00 REGISTRATION AIRFARE 50.00 MILEAGE/FUEL MISC/TOLLS TOTAL FOR ALL: $ 3,280.00 BUDGET LINE ITEM: 520-14-5200-1346 YES NO x YES NO GRANT REIMBURSABLE REQUIRED CERTIFICATION TOTAL: $ 1,640.00 PER PERSON I BELIEVE THIS TRIP SERVES A PUBLIC PURPOSE AND IS NECESSARY AND BENEFICIAL TO THE CITY OF WATERLOO I APPROVE THIS TRAVEL REQUEST PA T HEAD MAYOR RT EN DATE DATE K:\Shared Goodies\Forms\Travel Request Form January 2010 Why Attend a Course from UW -Madison Engineering Professional Development? • Helpful instructors with outstanding experience • Class sizes that allow for interaction, questions, and discussions — ideal for learning • Detailed course notebook, luncheons, refreshments, completion certificate—all included • Organized by a leading national provider of education for engineering and technical professionals Join Us! I invite you to join us for the latest editions of these nationally recognized courses. Effective sanitary sewer maintenance programs and reliable wastewater pumping stations are among the most valuable of municipal assets. These courses bring together a wide array of experience, techniques, and lessons learned from across the country. Regards, Nra-41- w .9A Ned W. Paschke, PE, BCEE, Program Director, University of Wisconsin—Madison Upgrading Your Sanitary Sewer Maintenance Program March 24-25, 2014, Madison, Wisconsin 15 PDH, 1.5 CEU Practical topics include: • Reducing costly failures and overflows • Practical application of CMOM in the field • Dealing with laterals on private property • Pipe inspection and condition assessments • How to measure inflow and infiltration • Safety practices and protective equipment • Dealing with fats, oils, and grease (FOG) • Managing insurance risk • The latest pipe repair and rehab techniques Wastewater Pumping Systems and Lift Stations March 26-28, 2014, Madison, Wisconsin 18 PDH, 1.8 CEU This course will help you to: • Manage, design, and operate reliable pumping facilities • Prevent hydraulic problems in pumps and forcemains • Compare multiple station designs • Reduce O&M problems • Improve station reliability • Reduce your pumping energy costs • Select optimum pumps and piping • Understand electric motors and VFDs • Upgrade and rehab your stations for the future To Enroll in Either Course, or Both: Call 800-462-0876 Or enroll online at epd.engr.wisc.edu/emaP374 or epd.engr.wisc.edu/emaP235 Team Discount: Save $100 per course when two or more from the same employer enroll in either course. Regular course fee is $1,195 for Sanitary Sewers; $1,245 for Wastewater Pumping Systems; early enrollment fees are $1,095 and $1,145, respectively. Enroll online today! epd.engr.wisc.edu Upgrading Your Sanitary Sewer Maintenance Program March 24-25 20' 4 in Madison, Wisconsin Why This Course? Sanitary sewer system maintenance is an important activity in every community served with a public wastewater collection system. Efficient, upgraded maintenance practices can help to minimize stoppages, backups, and sanitary sewer overflows. The resulting health risks, property damage, repair costs, and liability can also be reduced. This course brings together a wide array of experience, techniques, and lessons learned from across the United States. Your team of instructors will help you upgrade one of the most valuable assets in your community—a reliable and well- maintained sanitary sewer system. Valuable Take -Home Notebook Course attendees will receive a detailed course notebook/binder with all presentations and handouts, prepared specifically for this course. Who Should Attend This course will benefit: • Public works directors • City engineers • Wastewater system managers • Sewer maintenance supervisors • Crew leaders and members • Consultants for wastewater maintenance • Anyone who wants to learn more about sewer maintenance programs and techniques Specific Benefits This course will help you to: • Reduce your sanitary sewer overflows (SSOs) and blockages • Solve problems stemming from private laterals • Measure and reduce inflow and infiltration • Understand the latest techniques and costs for rehab of gravity sewers and force mains • Develop a program to deal with fats, oils, and grease (FOG), roots, and other problems • Review computer-based maintenance management programs • Manage your municipal insurance risk • Incorporate CMOM into your field operations • Use pipe condition assessment data to improve your system • Improve safety practices in sewer maintenance • Evaluate joint repair techniques, liners, and trenchless methods • Inspect and repair laterals on private property Earn Continuing Education Credit By participating in this course, you will earn 15 Professional Development Hours (PDH) or 1.5 Continuing Education Units (CEU). Past Participants Say... "THIS COURSE SHOULD BE MANDATORY FOR ALL WASTEWATER MANAGERS AND SUPERVISORS." "THIS COURSE ISA MUST DO. I NOW HAVE THE INFORMATION FOR MY COMMISSION TO DO THE JOB RIGHT." "ALL OF THE SPEAKERS HAD GREAT PRESENTATIONS." "THE INFORMATION CAN BE APPLIED AT ALL LEVELS." "THIS COURSE HAS A GREAT COMBINATION OF DIFFERENT VIEWS FROM ALL KINDS OF PROFESSIONALS IN THE INDUSTRY. I'M GLAD I GOT THIS COMBINATION OF REAL- WORLD EXPERIENCE." "THE ENTIRE PROGRAM WAS OUTSTANDING" Enroll online today! epd.engr.wisc.edu Course Outline Monday, March 24 7:30 Registration, Coffee, Refreshments - The Pyle Center 702 Langdon Street Madison, WI 8:00 Overview and Welcome - Ned Paschke, Program Director 8:15 Sanitary Sewer Maintenance and Equipment - Stephen Tilson • Preventive maintenance programs • Equipment selection on the job • Root cutting, rodding, nozzles • Bucketing equipment, vacuum systems • CCTV equipment and maintenance • Practical application of CMOM in the field • GPS considerations 12:00 Lunch (provided onsite) and Discussion 1:00 Controlling Sanitary Sewer Overflows (SSOs): The Role of Maintenance - Tony Offerman • Types and causes of SSOs • Understanding CMOM; what other agencies are doing • PM programs, asset inventories, SSO response plans • Measuring infiltration and inflow • Smoke testing, area -velocity meters, dye testing 2:00 Break 2:15 Televising Practices and Pipe Condition Assessment - Tony Offerman • Televising as a maintenance tool • NASSCO pipe condition grades • What to do with the data • How to handle private property 3:15 Break 3:30 A Review of Computer Software for Collection Systems - Rich Cunningham • CMMS maintenance management systems • Using and maintaining your data 4:40 Adjourn for the Day Tuesday, March 25 7:30 Coffee, Refreshments, Conversation 8:00 Dealing with Fats, Oils, and Grease (FOG) - Stephen Tilson and instructional team 9:15 Break 9:30 Developments in Sewer and Lateral Repair and Rehab Technology - John Nelson, Jr. • Spot repairs, short liners, chemical grouting • Root removal, chemical root control • New technologies, costs, ASTM standards • Manhole repairs, liners • Open cut and trenchless choices • Slip -lining, pipe -bursting, cured -in -place - pipe, directional drilling • Rehab of pressure pipe and forcemains • Working with private laterals: inspection, cleaning, repairs 12:00 Lunch (provided onsite) and Discussion 1:00 Managing Your Insurance Risk by Improved Sanitary Sewer Maintenance - Jason McMahon • Backups, claims, insurance, public relations • Documentation, standard forms • Safety practices, personal protective equipment (PPE) 2:10 Break 2:35 Private Lateral Issues - Laurie Chase • Definitions, ownership issues, liabilities • Identifying private property sources of I/I • Legal issues, ordinances, prevention measures 3:45 The Future of Sewer Maintenance - Rich Cunningham • Where are your agency and the industry going? • Class discussion of trends, challenges, successes 4:30 Final Adjournment Note: Some modification of individual time slots may occur during the course. Your Team of Instructors Stephen Tilson is an independent consultant and president of Tilson & Associates. Based in Torrington, Connecticut, Tilson has more than 25 years of specialized experience in the field of sanitary sewer operations and maintenance, and has worked with wastewater collection systems throughout the United States. Rich Cunningham has extensive experience with sewer systems of all sizes. He is a past chair of the national Collection System Committee of the Water Environment Federation, and he has served in leadership positions with the City of Albany, California and the City and County of San Francisco. Tony Offerman, PE, is a professional engineer and collection system specialist based in Austin, Texas. He has more than 25 years of experience in sanitary sewer system design, operations, and wet weather flow management, and has worked with large and small collection systems across the United States. Jason McMahon is risk management advisor with Midwest Public Risk, Independence, Missouri. He has extensive experience with municipal claims, insurance, safety, information management, and rehabilitation of sanitary sewer systems. John Nelson Jr. is vice president with Visu-Sewer, Inc. and has more than 25 years of experience in the application of construction and rehab technology for televising, cleaning, repair and rehab of sanitary sewers and laterals. Nelson also served as the president of the National ,- Association of Sewer Service Companjs (NAASCO). Laurie A. Chase, PE, is president of Blue Heron Engineering Services and has more than 25 years of experience in the water and wastewater industry in regulatory, municipal, consulting, and construction roles. She also leads the WEF Private Property Virtual Library Initiative for successful wastewater utility private property programs. Ned W. Paschke, PE, BCEE, directs a nationally known series of courses for water and wastewater professionals at the University of Wisconsin -Madison. He also served as Director of Engineering for the Madison Metropolitan Sewerage District (MMSD) and Hydraulic Engineer at Harza Engineering Company (now MWH Global) in Chicago. Enroll online today! epd.engr.wisc.edu Enroll in either course, or both: Upgrading Your Sanitary Sewer Maintenance Program March 24-25, 2014 Madison, Wisconsin Wastewater Pumping Systems and Lift Stations March 26-28, 2014 Madison, Wisconsin With special thanks to the Madison Metropolitan Sewerage District Professional 18 Development Hours WISCONSIN UNIVERSITY OF WISCONSIN -MADISON Department of Engineering Professional Development 432 North Lake Street Madison, Wisconsin 53706 Nonprofit Organization U.S. Postage PAID University of Wisconsin Please route this brochure to colleagues who mould also benefit by attending. IIIIIIIIIIitilll111IIIIIIIIIAIIIIIIIIIIIIIIIIiuhhihliuuiiIIIIIII 41 """*""""AUTO"ALL FOR MDC 522 MARK BRANDES UW#1NJ2 CMOM SPECIALIST CITY OF WATERLOO WASTE MANAGEM 3505 EASTON AVE WATERLOO IA 50702-2000 ■ D (• D O.3 n fpCLCfD 3 m° ° C tO CD C cr �1 rD o O u%.0 3 f� I N 0 wa4si(s Jamas • N O C 0) CD rD 0, CD C- CD Z via tts E<4 TRAVEL REQUEST CITY OF WATERLOO FINANCE DEPT. LINE ITEM USED FYo/`( BUDGETED EXPENDED YTD THIS REQUEST LEFT AFTER THIS REQUEST DATE Original - Clerk/Finance STAFF ONLY a(' 13301346, o?5c'O,UO a5va /la65-op Copy - Department NAME(S) AND POSITION(S): Wayne Castle Associate Engineer DATE: February 12, 2014 NAME OF CLASS / MEETING: 77th Annual SLSI Land Surveyors Conference DESTINATION: Ames, IA DEPARTURE POINT IF NOT WATERLOO: DEPARTURE DATE: March 6, 2014 RETURN DATE: March 7, 2014 DATE(S) OF MEETING: March 6— 7, 2014 PURPOSE OF TRAVEL/TRAINING: 77th Annual SLSI Land Surveyors Conference WILL TRAVEL REQUIRE ADDITIONAL PERSONNEL: X COST $ YES NO METHOD OF TRAVEL: X CITY VEHICLE AIRFARE DEPARTING FROM: PRIVATE VEHICLE ESTIMATE OF COST: $75.00 LODGING MEALS $245.00 REGISTRATION MILEAGE/FUEL TOTAL FOR ALL: $ 320.00 TAXI PARKING AIRFARE MISC/TOLLS BUDGET LINE ITEM: 266-07-7830-1346 X GRANT REIMBURSABLE YES NO X YES NO REQUIRED CERTIFICATION TOTAL: $ 320.00 PER PERSON I BELIEVE THIS TRIP SERVES A PUBLIC PURPOSE AND IS NECESSARY AND BENEFICIAL TO THE CITY OF WATERLOO DEPARTMENT HEAD February 12, 2014 DATE K:\Shared Goodies\Forms\Travel Request Form January 2010 I APPROVE THIS TRAVEL REQUEST M YOR a\wk\iy- DATE 77th Annual SLSI Land Surveyors Conference Thursday -Friday ♦ March 6-7, 20I4 Scheman Building ♦ Iowa State University ♦ Ames, IA o``�PN4 1,z..„. sua4.s . p T www.SLSl.org SLSI Purpose: ➢ To advance the science of land surveying and mapping ➢ To raise the standards of land surveying practice a ➢ To advance the professional status and economic welfare of land surveyors a ➢ To contribute to the public education of the necessity for professional land surveying �i To establish a central source of reference for land surveyors r V Register online at www.slsi.org, receive a $20 discount, pal= by credit card or chec AGENDA THURSDAY, MARCH 6, 2014 8:00 AM REGISTRATION/EXHIBITS OPEN FOR VIEWING Scheman Building, first floor lobby Thursday Session Presiding: Frank Belton, H. Frank Bellon, Jr. PLS, Immediate Past President, SLSI 9:00 WELCOME AND INTRODUCTIONS OF EXHIBITORS 9:20 IOWA ENGINEERING & LAND SURVEYING EXAMINING BOARD UPDATE 9:35 100 YEARS OF THE IOWA DOT- 1913-2013 Leighton Christiansen, /DOT Whether it's getting us from place to place or the path the goods we use take to get to us, transportation touches every citizen nearly every day. There are a lot of stories to be told about transportation in Iowa and land surveyors have played a critical role in that history. This presentation will give us a brief overview of the Iowa department of Transportation from the creation of the Highway Commission in 1913 to the dynamic organization that manages our roads, rails, trails, locks and dams and airports. 10:05 BREAK - EXHIBIT ROOM 10:30 LOW DISTORTION PROJECTION Gary Brown, GB Consulting 11:20 SLSI BUSINESS MEETING Major Reports to SLSI Membership • Eligible voting members of SLSI will be called upon to vote on NSPE membership for all SLSI members 12:00PM LUNCH 1:00PM MOCK TRIAL Gary Kent, PLS, Integrated Services Director, The Schneider Corporation You will be part of an edge of your seat trial as one of Iowa's own surveyors is taken to court. Surveyor vs. Surveyor. And you will be part of who is found to be in the right." SLSI has arranged for a judge and two attorneys to conduct a mock trial based on Iowa law to resolve a boundary dispute. Two SLSI members will play the part of the land surveyors. After the witnesses have testified and been cross examined two different juries will be sequestered and each will separately to determine which side shall prevail. This program will not only be an excellent review of Iowa boundary law, but will also serve as a primer for when you find yourself in court defending your action. 2:30 BREAK— EXHIBIT ROOM 3:00 MOCK TRIAL (CONTINUED) Gary Kent, PLS, Integrated Services Director, The Schneider Corporation 4:30 ADJOURN — CASH BAR — EXHIBITORS 5:15 LIVE AUCTION 6:30 AWARDS BANQUET SLSI Awards Presented & Cash Bar FRIDAY, MARCH 7, 2014 7:30AM CONTINENTAL BREAKFAST Scheman Building, Exhibit Hall Friday Session Presiding: Craig Ste f fensmeier, I DOT, Vice President, SLSI 8:00 TITLE VS. SURVEY — STATUTES, STANDARDS AND BOUNDARY LAW PRINCIPLES Gary Kent, PLS, Integrated Services Director, The Schneider Corporation This program delves deep into the many issues that resolve around matters of survey vs. matters of title — both the distinct differences gray areas between them. The program includes a review of statutes and administrative rules, and an in depth discussion of unwritten rights, junior/senior rights, recordation acts, marketable title acts, and title registration. In addition, the role of title companies and the important relationships between surveyors and title companies is explored as are title aspects of the ALTA/ACSM standards, state standards, and in the establishment of boundaries. 9:45 10:15 12:00PM LUNCH 1:00 2:45 3:15 4:30 BREAK— EXHIBIT ROOM TITLE VS. SURVEY (CONTINUED) Gary Kent, PLS, Integrated Services Director, The Schneider Corporation TITLE VS. SURVEY (CONTINUED) Gary Kent, PLS, Integrated Services Director, The Schneider Corporation BREAK TITLE VS. SURVEY (CONTINUED) Gary Kent, PLS, Integrated Services Director, The Schneider Corporation ADJOURN PROGRAM FOR SPOUSES Thursday, March 6, 2014 8:45AM " - Registration - Scheman Building 9:00AM Board Van & Depart for Des Moin 10:00AM Tour Des, Moines Botanical Center (newly 11:30AM Lunch-Alha's, East Village, Des Moines 1:00PM Visit "Whatta Dish", Valley Junction, West Des es to learn to make/take a piece of Bisque hen shop' in Valley Junction Van to return to Ames Friday, March 7, 2014 8:00AM Continental Breakfast 9:00AM Square Dancing Demons 2°a floor Register online at www.slsLorg, receive a $20 discount, pay by credit card or check! THURSDAY & FRIDAY SPEAKER Gary Kent, PLS Integrated Services Director, The Schneider Corporation Gary Kent is the Integrated Services Director for The Schneider Corporation, a land surveying, GIS and consulting engineering firm based in Indianapolis and with offices in Indiana, North Carolina and Iowa. He serves on Schneider's leadership council and his responsibilities include serving as project and account manager for several key clients, corporate culture, training, coaching and mentoring members of the surveying staff, and advising the GIS Department on surveying matters. Gary is a graduate of Purdue University with a Bachelor of Science Degree in Land Surveying. He is registered to practice land surveying in Indiana and Michigan. He is chair of the committee on ALTA/ACSM Standards for ACSM/NSPS and is the liaison to NSPS/AGSM for the American Land Title Association. He is also past -president of both the American Congress on Surveying and Mapping (2001) and the Indiana Society of Professional Land Surveyors (1989). A member of the adjunct Faculty at Purdue University from 1999-2006, Gary taught Boundary Law, Legal Descriptions, Property Surveying and Land Survey Systems. He was awarded "Outstanding Associate Faculty" and "Excellence in Teaching" awards for his work. He is also a certified instructor for the International Right of Way Association. Gary serves as Vice Chair of the Indiana State Board of Registration for Land Surveyors and is frequently called as an expert witness in cases involving boundaries, easements and land surveying practice. He regularly presents programs across the country on surveying and GIS topics, and he also writes columns for The American Surveyor magazine ("Reconnaissance") and for the ACSM Bulletin on ALTA/ACSM Land Title Surveys. AUCTION ITEMS Help the Iowa Surveyor's Foundation! Feel free to donate items for the annual meeting auction benefiting the Iowa Professional Surveyor's Foundation scholarships. Items auctioned in the past have included everything from old surveying equipment and books to such things as sports memorabilia and computer software. Please contact Justin Scott at the state office with item description @ 515-284- 7055 or JUSTIN.SCOTT(iiSLSLORG. SLSI would also like to thank Kelly Daugherty for successfully serving as our auctioneer over the past few years!! Register online ai ww.slsL ori, SPECIFICS TO REGISTER REGISTER ONLINE @ WWW.SLSI.ORG AND RECEIVE A $20 DISCOUNT & PAY BY CREDIT CARD OR CHECK! PAPER REGISTRATION: To register by paper, complete the form and mail/fax with check to SLSI at address listed. Instructions for the registration process are provided on our website link. For questions about the program, registration, etc. please contact the SLSI state office at 515-284-7055 or by email at info( slsi.org DIRECTIONS & PARKING The Scheman Building is located in the Iowa State Center on the Iowa State University campus. From Interstate 35, take U.S. Highway 30 west into Ames. Take the University Blvd. Exit (formerly Elwood Drive) and go past Jack Trice Stadium. The Scheman Building is located between Hilton Coliseum and C.Y. Stephens Auditorium. Free parking is available adjacent to the Scheman Building. HOTEL RESERVATIONS Lodging in Ames: Please make your own lodging arrangements. Some local accommodations are listed below within a few miles from the Iowa State Center. Additional lodging information at www.visitames.com/come and stay/ (1.5) Hotel at Gateway Center (515) 292-8600 (1.5) Best Western -University Park (515) 296-2500 (1.6) Comfort Suites (515) 268-8808 (1.6) University Inn (515) 232-0280 (4.0) Holiday Inn Express (515) 232-2300 (4.0) Quality Inn Starlite Village (515) 232-9260 (4.5) Microtel Inn & Suites (515) 233-4444 (4.5) Comfort Inn (515) 232-0689 (4.6) Super 8 Motel (515) 232-6510 (4.6) Econolodge (515) 233-6060 (4.6) Americlnn (515) 233-1005 (4.7) Country Inn & Suites (515) 233-3935 (4.7) Hampton Inn (515) 239-9999 CANCELLATIONS Receive a refund minus a $40 administrative fee if you cancel your registration by March 1, 2014. No refunds will be made after March 1; however, you may send a substitute. All registrations need to be received no later than March 1, 2014. Contact Justin Scott @ 515-284-7055 if you need to substitute or cancel your registration. Refunds will not be given for no-shows. EMERGENCY MESSAGES DURING THE CONFERENCE HOURS, MESSAGES MAY BE LEFT AT (515) 294-3347. MESSAGES WILL BE POSTED NEAR THE REGISTRATION AREA. ceive rr $20 discount, pay by credit card or checki SOCIETY OF LAND SURVEYORS OF IOWA 100 COURT AVENUE, SUITE 203 DES MOINES, IA 50309 77th Annual Land Surveyors Conference March 6-7, 2014 • Ames, Iowa REGISTER ONLINE @ WWW.SLSI.ORG , RECEIVE A $20 DISCOUNT AND PAY BY CREDIT CARD OR CHECK! PAPER REGISTRATION (To register by paper, complete form and mail/fax with check to SLSI at address below): First Name Last Name Company/Organization Mailing Address City State Zip Phone # Fax Email REGISTRATION FEES: Includes awards banquet*, program materials, and all meals/breaks for both days. *Please indicate (X) if you will be attending the banquet on Thursday evening March 6, 2014: ❑ SLSI Member ❑ Additional registration from same company Name ❑ Non-member ❑ Spouse: Name BY MARCH 1, 2014 $265 $235 $315 $100 Please indicate (X) if spouse will be participating in spouse program ❑ SLSI Honorary & Life Members $100 ❑ Students (SLSI Member) $45 (Non Member) $65 TOTAL PAYMENT $ Method of Payment (Select One) ❑ Check: Payable to SLSI Check # ❑ Purchase Order: P.O.# Billing Address for P.O.(Street, City, State, Zip): AFTER MARCH1, 2014 $280 $250 $330 $110 $110 $65 $85 REGISTER ONLINE @ WWW.SLSI.ORG OR Return Paper Registration To: SLSI 100 Court Ave., Suite 203 Des Moines, IA 50309 Fax: 515-284-7301 ?'s: Call 515-284-7055 Register online at www. slsi.O! , receive a $20 discount, pay by credit card or check! TRAVEL REQUEST CITY OF WATERLOO NAME(S) AND POSITION(S): Officer Kyle Jurgensen, Mark Nissen, Thomas Frein, Jamie Sullivan, and 2 Cedar Falls Police Officers DATE: Fet FINANCE DEPT. STAFF ONLY LINE ITEM USED FY _2014_ BUDGETED EXPENDED YTD THIS REQUEST LEFT AFTER THIS REQUEST DATE ruatgr7g291111C1erk/Finance L4,74. //Uv Copy - Department NAME OF CLASS / MEETING: Midwest Gang Investigators Conference DESTINATION: Minneapolis, Minnesota DEPARTURE POINT IF NOT WATERLOO: DEPARTURE DATE: May 4,2014 Return Date: May 7,2014 DATE(S) OF MEETING: May 4-7,2014 PURPOSE OF TRAVEL: Lt Krogh is requesting authorization to send Officer Jurgensen, Frein, J. Sullivan, Nissen, and 2 Cedar Falls Police Officers to the Midwest Gang Investigators Conference on May 4-7, 2014, in Minneapolis, Minnesota. This 4 -Day conference covers a variety of topics including national gang overview, using twitter and Facebook in investigations, Gang intelligence, Outlaw Motorcycle gangs, and the most current trends on Gangs and Immigrant Gangs. The Waterloo Officers listed are all members of the Waterloo Police Departments VCAT Unit and deal with Gang members on a regular basis. The registration cost and hotel will be paid for all officers out of LETPP Homeland Security Grant for all the listed officers. The city of Waterloo will be responsible for meals and fuel for only the Waterloo Officers attending. The city of Cedar Falls will be responsible for fuel and meals for their officers. A city vehicle will be needed for travel to the training, facility. WILL TRAVEL REQUIRE ADDITIONAL PERSONNEL: x COST $ YES NO METHOD OF TRAVEL: XX CITY VEHICLE AIRFARE DEPARTING FROM: PRIVATE VEHICLE ESTIMATE OF COST: $1125.00 LODGING $452.00 MEALS $1770.00 REGISTRATION $100.00 MILEAGE/FUEL TAXI PARKING AIRFARE MISC/TOLLS City of Waterloo$552.00 , LEIN $2895.00 TOTAL FOR ALL: $ 3447.00 BUDGET LINE ITEM: x GRANT REIMBURSABLE YES NO x REQUIRED CERTIFICATION YES NO TOTAL: $ 574.50 PER PERSON I BELIEVE THIS TRIP SERVES A PUBLIC PURPOSE AND IS NECESSARY AND BENEFICIAL TO THE CITY OF WATERLOO DATE .. ) t\t \__. DEPARTMENT EAD I APPROVE THIS TRAVEL REQUEST IR 4/ ala4l 1'+ DATE T ': ': VEL REQUEST CITY OF WATERLOO FINANCE DEPT. LINE ITEM USED FY _2014_ BUDGETED EXPENDED YTD THIS REQUEST LEFT AFTER THIS REQUEST DATE Original - Clerk/Finance STAFF ONLY 010-11-1100-1346 1/6;c10 0 616 a3 ?-a d ` 1'7 ol-/.-;2di Copy - Department NAME(S) AND POSITION(S): ' DATE: Captain Joe Leibold & Lieutenant Corbin Payne January 21,2014 NAME OF CLASS / MEETING: DESTINATION: Dubuque, Iowa FBI National Academy Iowa Chapter Spring Training Conference DEPARTURE POINT IF NOT WATERLOO: DEPARTURE DATE: Return Date: DATE(S) OF MEETING: April 23, 2014 April 25, 2014 April 23-25,2014 PURPOSE OF TRAVEL: Director Trelka is requesting authorization to send Captain Leibold & Lt. Payne to the FBI National Academy Iowa Chapter Spring Training on April 23-25,2014, in Dubuque, Iowa. This 3- Day Training that is put on by the Iowa Chapter of the FBI National Academy is for Officers who are graduates of the FBI National Academy. It will provide refresher training and networking with other members who have graduated from the FBI National Academy. This travel will require lodging and meals. A city vehicle will be needed for travel to the training facility. WILL TRAVEL REQUIRE ADDITIONAL PERSONNEL: YES x COST $ NO METHOD OF TRAVEL: XX CITY VEHICLE AIRFARE DEPARTING FROM: PRIVATE VEHICLE ESTIMATE OF COST: $300.00 LODGING $76.00 $250.00 $50.00 MEALS REGISTRATION MILEAGE/FUEL TOTAL FOR ALL: $ 676.00 TAXI PARKING AIRFARE MSC/TOLLS BUDGET LINE ITEM: x GRANT REIMBURSABLE YES NO x REQUIRED CERTIFICATION YES NO TOTAL: $ 338.00 PER PERSON I BELIEVE THIS TRIP SERVES A PUBLIC PURPOSE AND IS NECESSARY AND BENEFICIAL TO THE CITY OF WATERLOO Ak-NAA I APPROVE THIS TRAVEL REQUEST DEPARTMENT HEAD MAYOR DATE DATE TRAVEL REQUEST CITY OF WATERLOO FINANCE DEPT. LINE ITEM USED FY/lf,f`t BUDGETED EXPENDED YTD THIS REQUEST LEFT AFTER THIS REQUEST DATE Original - Clerk/Finance STAFF ONLY ;46,6 0. 7 '7'30 /3'/4' .3 6D6.00 545:00 4.11-74"0 Copy - Department NAME(S) AND POSITION(S): Eric Thorson, PE City Engineer DATE: February 12, 2014 NAME OF CLASS / MEETING: 2014 APWA/ISOSWO Joint Spring Conference DESTINATION: West Des Moines, IA DEPARTURE POINT IF NOT WATERLOO: DEPARTURE DATE: April 2, 2014 RETURN DATE: April 4, 2014 DATE(S) OF MEETING: April 3-4, 2014 PURPOSE OF TRAVEL/TRAINING: To attend 2014 American Public Works Association and Iowa Society of Solid Waste Operations Joint Spring Conference WILL TRAVEL REQUIRE ADDITIONAL PERSONNEL: X COST $ YES NO METHOD OF TRAVEL: X CITY VEHICLE AIRFARE DEPARTING FROM: PRIVATE VEHICLE ESTIMATE OF COST: $216.00 LODGING 50.00 MEALS 185.00 REGISTRATION MILEAGE/FUEL TOTAL FOR ALL: $ 451.00 TAXI PARKING AIRFARE MISC/TOLLS BUDGET LINE ITEM: 266-07-7830-1346 X GRANT REIMBURSABLE YES NO X YES NO REQUIRED CERTIFICATION TOTAL: $ 451.00 PER PERSON I BELIEVE THIS TRIP SERVES A PUBLIC PURPOSE AND IS NECESSARY AND BENEFICIAL TO THE CITY OF WATERLOO ` DEPARTMENT HEAD February 12, 2014 DATE K:\Shared Goodies\Forms\Travel Request Form January 2010 I APPROVE THIS TRAVEL REQUEST MAYOR DATE 2014 APWA / ISOSWO Spring Conference - Confirmation I Online Registration by Cvent Page 1 of 1 CLICK HERE TO MAKE RESERVATIONS Registration Confirmation Name: Eric Thorson Email: eric.thorson@waterloo-ia.org Company: City of Waterloo Address: 715 Mulberry St Waterloo, Iowa 50703-5714 Number of People Registered: 1 Confirmation Number: JHNPNTRRVP8 (needed to modify your registration) Event Title: 2014 APWA / ISOSWO Spring Conference Location: West Des Moines Sheraton 1800 50th Street West Des Moines, Iowa 50266 USA Phone: 1-515-223-1800 Current Registration Details Eric Thorson Registration For Name Cost 2014 APWA / ISOSWO Spring Conference $185.00 Order Summaries Order Date Type Amt Ordered Amt Paid Amt Due 02/10/2014 1:43 PM CTZ offline order $185.00 $0.00 $185.00 Total: $185.00 $0.00 $185.00 Refund & Cancellation Policy If cancellation is received on or before March 15th, your registration will be refunded less a $10 cancellation fee per registration item. No refunds will be issued after March 15th. If paving by check: Please make check payable to: APWA/ISOSWO Attn: Peggy Englehart P. O. Box 60265-0320 West Des Moines, IA 50265-0320 http s : //www. cvent. com/Events/Registrations/My Re gi stration. aspx?i=8 93 6 a7 8 9-aadb-4d0f-... 2/10/2014 2014 APWA/ISOSWO Joint Spring Conference Tentative Conference Schedule Thursday, April 3, 2014 8:00 AM to 10:00 AM Registration Desk Open ARM S-•ew_a�na Equipment Maint. & Operator Sessions (Thursday Only) ISQSW I L Exhibitor Moderators: AM - Jason Havel, IA.Cha Chapter p PM - Nathan Easter, IA. Chapter Director CoreyMellies City of Ames Moderator: Brian Seals ISOSWO President Hall 7:30 - 9:00 AM Open Welcome and Opening Remarks - Each Session Separately Welcome and Opening Remarks APWA Welcome Today's Public Works World Emerald Ash Borer ISOSWO Welcome and Update 9:00 - 10:00 Tracy Warner, IA Chapter President LarryStevens, PE, PWLF, APWA President Elect Ed Gottko, PWLF, APWA President Robin Pruisner Iowa Dept. of Agriculture and Land Stewardship 9:00 9:30 Brian Seals Operations President Manager, Waste Commission of Scott County Open 10:00 - 10:30 the Public OSHA Training Transfer Station Operations:Engaging A Roundtable Discussion ..............................................................................................................._........................................._.........................................._.................... Theresa McClure HDR, Inc. Dave McDermott City of Council Bluffs 9:30 - 10:30 ..................................................................................... Transfer Station Manager and Operator Panel Open 10:30 - 11:00 Vendor Time 10:30 -11:00 vendor Time Open 11:00 - 11:30 Winter Maintenance The Swedish Way Vehicle Equivalent Units Increasing Efficiency at Landfills and Jan Olander Swedish Road Administration ......................................_..._............. Dennis Hogan, CPFP/CAFM City of Cedar Rapids Transfer Station Facilities Part 1 Open Environmental Impacts Of Winter Maintenance APWA Education and Leadership 11:00 - Noon 11:30 - Noon Mark DeVries APWA Winter Maint. Chair Stephen McCracken The Conservation Foundation Ed Gottko, APWA President Larry Stevens, APWA President Elect Neal Bolton Blue RidgeOpen Services Noon - 1:30 Open Unique Traffic Management Techniques to Enhance Communication with the Traveling Public Increasing Efficiency 1:30 - 2:15 Dave Ness, Traffic Engineer City of Dubuque _...._....._....._.................. Andrea Henry Iowa DOT 1:00 - 3:15 at Landfills and Transfer Station Facilities Part 2 Open Traffic Enforcement Cameras Hook Lift Truck Usage 2:15 2:45 Steve Gent, Iowa DOT Office of Traffic & Safety Sara Thies, City of Des Moines Brian Bennett, City of Des Moines Neal Bolton Blue Ridge Services Open 2:45 - 3:15 Vendor Time 2:45 - 3:15 Vendor Time Open Value Engineering of FEMA Levee Accreditation Project Winter Maintenance Increasing Efficiency 3:15 - 3:45 Kyle Tonjes, CDM Smith Jared Olson, HGM Jan blander Swedish Road Administration Mark DeVries APWA Winter Maint. Chair at Landfills and Transfer Station Facilities Part 3 Open Asset Management Programs Operational Challenges 3:15 - 4:30 3:45 - 4:30 Bill Miller Des Moines Wastewater Reclamation Authority Group Discussion Moderated by Bret Hodne, West Des Moines Mark Devries, APWA Winter Maint. Chair John Klostermann, City of Dubuque Neal Bolton Blue Ridge Services Open 4:30 - 5:30 Vendor Time/Social Hour Open EDUCATIONAL & NETWORKING EVENT AT RUBE'S STEAKHOUSE, WAUKEE 5:30 - 9:30 PM Tickets are required - Free shuttle service available to and from Rube's and Sheraton Special Speakers: Ed Gottko - President of APWA Brian Seals - President of ISOSWO Full Conference Attendees and Exhibitors may attend any sessions ! 2014 APWA/ISOSWO Joint Spring Conference IOWA APWA and ISOSWO Tentative Conference Schedule Friday, April 4th, 2014 7:00 - 8:00 AM Breakfast Buffet i4121M IAIIENKAN PUBLIC WORKS ASSOCulNAYN isoswl Moderator: John Dienst, P.E., IA. Chapter Director City of Dubuque Moderator Jeff Dworek Director of Operations, Metro Waste Authority IDOT Update 8:00 - 8:30 John Dostart, P.E., Urban Engineer Iowa Department of Transportation Increasing Efficiency at Landfills and Transfer Station Facilities Part 4 8:30 - 9:00 IDOT - Title VI Updates on LPA's ........................................................................._.......,..,,........,........,,.....,......,.._..........,....................,.,..,,.,,..,,., 8:00 - 9:30 _.............,............................,....,.........,,.,,.,,..,.........,,.,,.,,........ Steve Kerber, Nicki Rainey, Karen Kienast Iowa DOT 9:00 - 9:30 In Trans Update .........................,,.,.,,.....................,.................,.,.............,,.,,.,...,..,..,......,........,.......,....,,.,,.,„....,,.........,.,,..........., Keith Knapp Neal Bolton Blue Ridge Services 9:30. Break Break 9:45 - 10:15 League of Cities Update Allen Kemp, Executive Director Dustin Miller, Governmental Affairs Manager Increasing Efficiency at Landfills and Transfer Station Facilities 10:15 10:45 Special Assessment Update Mark Cory Ahlers & Cooney, P. C. Part 5 10:45 - 11:15 Bee Branch Creek Restoration Updates Mike Jansen, P.E., S.E. CEO/Principal Civil & Structural Engineer, 11W, P.C. Mike Bridwell, P.E. Senior Associate, Strand & Associates, Inc. 9:45 - 12:15 Neal Bolton Emerald Ash Borer - Panel Discussion Blue Ridge Services 11:15 12:00 John Schmitz Director of Parks & Recreation, City of Johnston Ben McAlister, P.E., City of West Des Moines ?? Chris Johnson, City of Davenport ?? TRAVEL REQUEST CITY OF WATERLOO FINANCE DEPT. LINE ITEM USED FY/k>L, BUDGETED EXPENDED YTD THIS REQUEST LEFT AFTER THIS REQUEST DATE Original-Clerk/Finance STAFF ONLY 5;t( tg 3e) ray .eve) /6:2/ �1 2,"444.) .,:/-40q",261/,/ Co.y - De•artment NAME(S) AND POSITION(S): Phillip Schuppert, Storm Water Specialist DATE: February 12, 2014 NAME OF CLASS / MEETING: Iowa Storm Water Conference Making Connections — Solving Problems DESTINATION: Ames, IA DEPARTURE POINT IF NOT WATERLOO: DEPARTURE DATE: March 3, 2014 RETURN DATE: March 4, 2014 DATE(S) OF MEETING: March 3-4, 2014 PURPOSE OF TRAVEL/TRAINING: To attend Iowa Storm Water Conference: Making Connections — Solving Problems WILL TRAVEL REQUIRE ADDITIONAL PERSONNEL: X COST $ YES NO METHOD OF TRAVEL: X' CITY VEHICLE AIRFARE DEPARTING FROM: PRIVATE VEHICLE ESTIMATE OF COST: 69.49 LODGING 50.00 MEALS 150.00 REGISTRATION MILEAGE/FUEL TOTAL FOR ALL: $ 269.49 TAXI PARKING AIRFARE MISC/TOLLS BUDGET LINE ITEM: 521-07-7830-1346 X GRANT REIMBURSABLE YES NO X YES NO REQUIRED CERTIFICATION TOTAL: $ 269.49 PER PERSON I BELIEVE THIS TRIP SERVES A PUBLIC PURPOSE AND IS NECESSARY AND BENEFICIAL TO THE CITY OF WATERLOO D ARTMENT HEAD February 12, 2014 I APPROVE THIS TRAVEL REQUEST MAYOR DATE DATE K:AShared Goodies\Forms\Travel Request Form January 2010 10WAWTFRCONFERENCE Making Connections — Solving Problems Water strategies for success in a changing world Please use a separate registration form for each individual. Registration includes meals and refreshment breaks indicated on the program. Single -day registration is not available. Registrations will be accepted at the conference at the higher rate. After acceptance of your registration a receipt will be provided by e-mail. Cancellations requesting a refund must be received by midnight, February 21, 2014. Call (515) 294-6429 or email anr@iastate.edu to cancel your registration. Registrations are not accepted by telephone. Submit this form with check payment or register online with a VISA, MasterCard or Discover at www.iowawaterconference.org Location The course will be held at the Scheman Building, Iowa State Center on the ISU campus in Ames. Maps and directions are available at www.iowawaterconference.org IOWA STATE UNIVERSITY Extension and Outreach Iowa Water Conference registration name Phil Schuppert company or organization City of Waterloo, Iowa address 715 Mulberry Street 'Waterloo ( hone 3197_493-1551 state IA Z)P50701 county Black Hawk e-mail Registration fees Early Registration - $150 (before midnight, February 21) Late Registration - $175 (after midnight, February 21) Student early registration - $75 (before midnight, Feb 21) Student late registration - $100 (before midnight, Feb 21) Options Streambank stabilization workshop - $50 check number (payable to Iowa State University) TOTAL — $150.00 $ $ $ $150.00 Complete this form, attach a check payable to "Iowa State University" and mail to: Or, register online using a MasterCard, VISA or Discover at www.iowawaterconference.org DO NOT send registrations or credit card information by e-mail or fax. For questions about the conference program please contact: Melissa Miller, program coordinator, Iowa Water Center, Iowa State University, at millerms@iastate.edu or (515) 294-7467. For assistance with registration, receipts, billing, cancellation or questions on the status of your registration contact ANR Program Services at anr@iastate.edu or (515) 294-6429. ... and justice for all The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin, gender, religion, age, disability, political beliefs, sexual orientation, and marital or family status. (Not all prohibited bases apply to all programs.) Many materials can be made available in alternative formats for ADA clients. To file a complaint of discrimination, write USDA, Office of Civil Rights, Room 326-W, Whitten Building, 14th and Independence Avenue, SW, Washington, DC 20250-9410 or call 202-720-5964. Issued in furtherance of Cooperative Extension work, Acts of May 8 and June 30, 1914, in cooperation with the U.S. Department of Agriculture. Cathann A. Kress, director, Cooperative Extension Service, Iowa State University of Science and Technology, Ames, Iowa. 2/11/2014 Booking: Days Inn Ames Your Reservation Summary Days Inn Ames Ames, IA, US 1-866-925-8705 Check in Check out Standard Room, 1 King Bed Free breakfast Free WiFi Monday, March 3, 2014 $62.05 Subtotal $62.05 Tax recovery charges $7.44 and service fees Total to pay now $69.49 Full payment will be chard when you book this hotel. https://ssl.hotels.corn/booking Initial ise.do 03/03/14 03/04/14 1/1 TRAVEL REQUEST CITY OF WATERLOO NAME(S) AND POSITION(S): Mark Boesen, Manager of Rehabilitation Services Megan Hoskins, BH County Health Dept, Environmental Health Officer Penny Gerholt, BH County Health Dept, Environmental Health Officer DATE: FINANCE DEPT. STAFF ONLY '/ LINE ITEM USED a,;;4 6603 /G 4 (- FY A0/4 BUDGETED EXPENDED YTD THIS REQUEST LEFT AFTER THIS REQUEST DATE Original - Clerk/Finance Copy - Department 2-3-2014 NAME OF CLASS / MEETING: National Healthy Homes Conference (Lead Grant) DESTINATION: Nashville, TN DEPARTURE POINT Waterloo IF NOT WATERLOO: DEPARTURE DATE: 5-27-2014 RETURN DATE: 5-30-2014 DATE(S) OF MEETING: 5-28 to 30-2014 PURPOSE OF TRAVEL/TRAINING: Attend the conference as a requirement of the Lead Grant WILL TRAVEL REQUIRE ADDITIONAL PERSONNEL: X COST $ YES NO METHOD OF TRAVEL: CITY VEHICLE X AIRFARE PRIVATE VEHICLE DEPARTING FROM: Waterloo Expedia price 1-29-2014 $1,320 for 3 Cedar Rapids $784 for 3 ESTIMATE OF COST: $2,232 LODGING $100 $630 MEALS $50 $1,200 REGISTRATION $2,000 $75 MILEAGE/FUEL $150 TOTAL FOR ALL: $ 6,437 TAXI PARKING AIRFARE LUGGAGE 224-32-5853-1346 BUDGET LINE ITEM: BGLED TRVL X GRANT REIMBURSABLE YES NO X REQUIRED CERTIFICATION YES NO Mandatory Training TOTAL: $ 2,146 PER PERSON I BELIEVE THIS TRIP SERVES A P LI AND IS NECESSARY A BENE CIA TO T CITY OF`WATERLO9 DEPARTMENT HEAD 2-4-2014 DATE J \NANCY-G\travel\Travel Request Form Nashville Mark,Megan,Penny 2-3-2014.docx I APPROVE THIS TRAVEL REQUEST MAYOR �la�tl��t DATE National Healthy Homes Conference I May 28-30, 2014 Page 1 01 WELCOME PROGRAM CALL FOR ABSTRACTS REGISTRATION HOTEL & TRAVEL EXHIBITS SPONSORSHIP OPPORTUNITIES CONTINUING EDUCATION SPECIAL EVENTS CONFERENCE PARTNERS CONTACT US FAQs PRESS ROOM "The connection between the health and the dwelling of the population is one of the most important that exists." Florence Nightingale 1820-1910 Program The 2014 National Healthy Homes Conference features opportunities that are designed to inform, influence and inspire across a wide spectrum of disciplines. Whether you're a health professional, housing remodeler or community planner - there's something exciting here for you! Program Agenda The conference kicks -off at 9am on Wednesday, May 28 and ends at 12pm on Friday, May 30. You'll experience nationally recognized keynote speakers, dynamic breakout sessions, opening and closing receptions, and diverse exhibitors. But it doesn't end there! Make this a conference to remember: stay through Sunday for the Building a Healthy Neighborhood event, a unique volunteer opportunity to work hands-on to make a deserving Nashville neighborhood safer and healthier. Bring your family and make a memory together! Conference Tracks The National Healthy Homes Conference serves the diverse interests of attendees, allowing you to choose the track that's most beneficial to your trade or professional interests. 1. Showing the Value of Healthy Housing From air filters to washing machines, millions of Americans choose products and materials that help improve their health and reduce threats to the safety of their loved ones. This track is devoted to showcasing marketing and product development strategies in the home improvement retail market that encourage smart choices that improve our health. 2. Policy and Social Change This track examines various state and local policy initiatives and social entrepreneurs that are leading change across the nation (and abroad) to make our homes and communities safer and healthier. 3. Research and Evidence for Healthy Housing What's under the hood? This track takes a look at the science and evidence underlying decision-making and directions being taken by leaders in the housing and health worlds. 4. Healthy Homes Make Healthy Communities Can a home be "healthy" if it's located in an unhealthy neighborhood? Sessions in this track will address community -wide improvements, strategies and policies intended to improve our lives and health. 5. Healthier by Design This track will focus on improving housing design, exploring how to improve current building practices to make our homes healthier as well as what best practices are most effective in both residential and commercial redesign settings. 6. Adaptable Healthy Housing Moving beyond outdated housing design and community models, this track features topics that address improving the accessibility of homes through the removal of physical and social barriers that challenge those with limited mobility, especially among veterans, those with disabilities, and the elderly. Don't miss a chance to volunteer at Rebuilding Together's Building a Healthy Neighborhood project, where you'll have the opportunity to work hands-on to make several Nashville homes safer and healthier. Register Now! htto://www.healthyhomesconference.orQ/DroQram.asp 1/29/20 CITY OF WATERLOO Council Communication City Council Meeting: 2/24/14 Prepared: 1/20/14 Dept. Head Signature: Kent Shanklq # of Attachments: ts� SUBJECT: Education Coordinator, Cultural & Arts Submitted by: Kent Shankle, Cultural & Arts Director Recommended City Council Action: Approval to appoint Angela Reid, from the Civil Service list, to the position of Education Coordinator at the Waterloo Center for the Arts effective 3/3/14. Summary Statement Expenditure Required Source of Funds: Position is budgeted for in the FY14 budget Policy Issue Alternative Background Information: Education Coordinator is one the key leadership positions at the Waterloo Center for the Arts, managing all educational programming and overseeing all education staff. The position has been vacant since the retirement of Bonnie Winninger in July 2013 and hiring process was initiated. CITY OF WATERLOO Council/Committee Communication Committee Meeting: February 24, 2014 Prepared: February 18, 2014 Dept. Head Signature: a' �_ oL„ # of Attachments: 1 SUBJECT: New appointment of Christina Wood to the Cultural and Arts Commission. Submitted by: Mayor Clark Recommended City Council Action: Approval Summary Statement Expenditure Required Source of Funds Policy Issue Alternative Background Information: • Ms. Wood's first full term expires 3/1/2017 (replaces Golnar Buchanan whose extended term ends 3/1/14). CITY OF WATERLOO, IOWA RECEIVE) NOV 1 8 1013 BOARDS & COMMISSIONS APPLICATION Date: , request to be appointed to (state preference): - iso : S Via' nfil(SS YI 2. Home Phone: :34 --J).7 Cell Phone:J \ (04-5 Work Phone: Home Address v1 �f `�,i l ��� v (% i ' too) ipcode ,57j---70( Employer et- -(11* j Title • Employer Address How long have you resided in Waterloo? years List current membership in organizations and offices held: Zipcode —�– ownt tYrcA, \ter u, �� hu,\Xp� -;roris .. I am available for meetings:.M..M. Noon KEvenings I am available to serve on a Board/Commission the entire year: XYes below) Li Spring El Summer u Fall Li No (check Li Winter Li Ail Seasons Briefly explain your qualifications for appointment to a designated Board/Commission: ' t ) tr- It if CPA Inc . conal"in be evident from information already on this form: References (include phone numbers): acc Coe uv—nr .fC f s' 111/b r diliartr unufuk oknL ir* ofvk - (M I understand this application does not bind me to accept an appointment should it be offered, nor does it guarantee an appointment to a Board/Commission. If selected, I will be available to attend appropriate training sessions. This application will remain valid and on file for one calendar year from date above. (7/ 7L:ej77;4&' VIAAY(1,1\afklOn&k_J %i7, 08/03/2010 Signature RETURN TO MAYOR'S OFFICE, 715 MULBERRY ST., WATERLOO, IA 50703 FAX 291-4286; PHONE 291-4301. •c4iuu!Edaz uutp uopdo zaaaq E SI luauzaDEidaz luiod E ul1Ezoiza1ap si puE uio sAs sized mo ui lsapio atiz jo auo s zaaiags ati1, 'Z I OZ wd/ ui uuo4s heli b'uunp pa2uuiEp sem zaziatis ElsTA zEpaD aqd, :uotzuuuotuj punoaa)iaug anpuuaalW anssj Aatiod •suogezedazd alts op jTM snlazo saoinzas aznsiaq •uzreio aouuznsui a2Eurep uzozJ aigeiFne sr 2utpund :spund Jo aaanos (maumaaBidaz zaziatTS uenIiinS uo pas -eq aTEurtzsa) 000`OL$ :paatnbag aan;tpuadxg matnaz znoA zo; aoujo sAzan atix ui si suogeappads NE zuauznaop iesodozd atp jo Adoo v nmol ooizaJE j `anuand uoung puE po' )JJEd `)ilBd a2uutiaxg u1 ' Tiatis uzsln zepao alp jo luauraaEidaz alp Jo; sapnozd Taafozd situ :matualms Air -mums 't i OZ `tZ Xzenzgaj se 2uivado ptq pue Suuuati jo aTep has o} pre `spiq jo 2upiel pue •ola `suogeo Jtoads `uuatunoop jBsodozd uo 2uuuati jo aopou tisiignd pzaip 43 alp lonusut `ooizaTern `anuany ptre peog aped `.oafozd Bisin zupap tiozAd zoj suogeoupads pue luatunoop Iesodozd aril zoj Tsanbaz ati� anozdde i(i!JBurturiazd suopniosaz ldope itotmop lsanbag :uo-pay itaunop fit- papuauxuzoaag zaEUBNNN laafokysap!ipEd 'siotpTN smell :Aq papnugnS .Lo3IO2id 2IH1 HHS VISIA /NEED i7IOZK1 :I0afg11S Hd :sluaurtiaul2y. to # :aanauu2TS puaH •�daU )17IOZ `SZ AJEnuE f :paaudaaj biOZ Azunzga3 :,5upaaw ipunoD AILD uottuatunuxumo itauno3 O®"RIA,T,VM JO AIID FY2014 Cedar Vista Shelter Project February 24, 2014 Bid Tab Estimate: $70,000.00 Bid Security Required Bidder Bid Security Bid Amount B & B Builders & Supply60 5728 Sierra Dr. Waterloo, IA 50701 5% i t, -37 Magee Construction Co. 1705 Waterloo Road Cedar Falls, IA 50613 5% C' 11 �0 Nichols Construction, Inc. 883 Doris Drive Prairie Industrial Park Evansdale, IA 50707 5% tc ((' G5 1 1 FY2014 Cedar Vista Shelter Project February 24, 2014 Bid Tab Estimate: $70,000.00 Bid Security Required Bidder Bid Security Bid Amount B & B Builders & Supply 5728 Sierra Dr. Waterloo, IA 50701 5% $71,370.00 Magee Construction Co. 1705 Waterloo Road Cedar Falls, IA 50613 5% $77,350.00 Nichols Construction, Inc. 883 Doris Drive Prairie Industrial Park Evansdale, IA 50707 5% $68,000.00 STATE OF IOWA, Black Hawk County I do solemnly swear that the annexed copy of 1429233 CITY OF WATERLOO, IOWA LEISURE SERV notice was published in the WATERLOO/CEDAR FALLS a daily newspaper printed in WATERLOO, Black Hawk County, Iowa, for 1 issues commencing on 02/10/2014, in the issues of 02/10/2014 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 $69.39 Signe Subscribed and sworn to before me this 17_ day of Q , 7tyj tf Notarry 'public Received of iNYA L GEER COMMISSION NO.781068 COMMISSION EXPIRES NOVEMBER 1, 2016 the sum of Dollars in full for publication of the above invoice. Notary Seal: COURIER CITY OF WATERLOO, IOWA LEISURE SERVICES COMMISSION NOTICE OF PUBLIC HEARING On Proposed Specifications and the NOTICE TO BIDDERS for 2014 CEDAR VISTA SHELTER PROJECT PRE-BID MEETING Tuesday, February 11, 2014 at 10:00 a.m. in conference room at the Leisure Services Building located at 1101 Camp- bell Avenue. RECEIVING OF BIDS Sealed proposals will be received by the City Clerk of the City of Waterloo, Iowa, at her office in the City Hall, Waterloo, Io- wa, until Monday, February 24, 2014, at 4:00 p.m., for the FY2014 Cedar Vista Shelter Project as described in the plans and specifications now on file in the City Clerk's office and the Waterloo Leisure Services Commission office. OPENING OF BIDS All proposals received for the FY2014 Cedar Vista Shelter Project will be opened in open Council meeting to be held in the Council Chambers in City Hall, Waterloo, Iowa, on Monday, Febru- ary 24, 2014, at 5:30 p.m., and the pro- posals will be referred to the Waterloo Leisure Services Commission for rec- ommendation of award. PUBLIC HEARING Notice is hereby given that the Waterloo City Council will conduct a public hearing on the proposed specifications and form of contract for the FY2014 Cedar Vista Shelter Project at 5:30 p.m. on Monday, February 24, 2014. The hearing to be held in the Council Chambers in Water- loo City Hall. The proposed contract documents are on file in the City Clerk's office, 715 Mulberry St. and the Waterloo Leisure Services Commission office, 1101 Campbell Ave., Waterloo, Iowa, for public examination. Any person interest- ed may file written objection with the City Clerk before the date set for the hearing or appear and make-objectionat the meeting. SCOPE OF WORK The Contractor shall provide all labor ! and materials necessary for the shelter ' and construction for the shelter located in Exchange Park, Park Road & Burton Avenue, Waterloo, Iowa. CONTRACT PERIOD The work shall be completed by May 15, 2014. PROPOSALS SUBMITTED All bids must be submitted on forms sup- plied by the Waterloo Leisure Services Commission. BID SECURITY REQUIRED All bids must be accompanied, in a sep- arate envelope, by a certified or cash- ier's check drawn on an Iowa bank char- tered under the laws of the United States, or a certified share draft drawn on a Credit Union in Iowa or chartered under the laws of the United States, or a bid bond payable to the City of Waterloo, Iowa, in the sum of not less than five per- sent(5?I441.thebtd_suhmiita which certified check, certified share dra bid bond will be held as security that the Bidder will enter into a Contract for the Cr, ..an ,nrinn ,unrk nnri will furnish the r�- GILL pee (NONI) woo'seSixii01000i006ig 6 ''ung '9-6 "MS '6-9 '1g6IN '[JH Il 9l bl i(Jenige j BMol `elallonb Boi '1S J(JJen° '3 ZIZI 'spunoj6 J!ej J(lunoo uos)oer :MogS Nf1J 50000 ON11110dS '10V9 -Z£3 -61£'I I 1 pup 9 uaoMlaq Ileo .Jallo Jo lelol 00Z1-$ 'adegs lualleox3 'ue6Jo aulefJalu3 pue oue!d IH3Z1IliiflM SIN 3W(INISNI 1VOIS(IW (NONI) woo'sp eeuo"MMM 909L-L3Z-009 JO Jaded :NI IIEO !Jaded led 81' 1$ s! leLa taeM/00£$ iIuO isjededsmeu t9Janll BJ Mol Jo0lonpoid3 o uI JnoRlueO3SIJ.ddeIi3ACuellniod_ (NONI) 6£EO-£98-009-I. iMON AVO luolIEHElsul AVG 3WVS nogv )1sv (elgel!ene eJagM) 1 STATE OF IOWA, Black Hawk County I do solemnly swear that the annexed copy of 1429233 CITY OF WATERLOO, IOWA LEISURE SERV notice was published in the WATERLOO/CEDAR FALLS a daily newspaper printed in WATERLOO, Black Hawk County, Iowa, for 1 issues commencing on 02/10/2014, in the issues of 02/10/2014 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 $69.39 Signe Subscribed and sworn to before me this )Z Notar day of N TANYA L LEER COMMISSION NO-781ON MY COMMISSION EXPIRES Public Received of the sum of Dollars in full for publication of the above invoice. Notary Seal: COURIER CIIYOF WATERLOO, IOWA LEISURE SERVICES COMMISSION NOTICE OF PUBLIC HEARING On Proposed Specifications and the NOTICE TO BIDDERS for 2014 CEDAR VISTA SHELTER PROJECT PRE-BID MEETING Tuesday, February 11, 2014 at 10:00 a.m. in conference room at the Leisure Services Building located at 1101 Camp- bell Avenue. RECEIVING OF BIDS Sealed proposals will be received by the City Clerk of the City of Waterloo, Iowa, at her office in the City Hall, Waterloo, Io- wa, until Monday, February 24, 2014, at 4:00 p.m., for the FY2014 Cedar Vista Shelter Project as described in the plans and specifications now on file in the City Clerk's office and the Waterloo Leisure Services Commission office. OPENING OF BIDS All,proposals received for the FY2014 Cedar Vista Shelter Project will be opened in open Council meeting to be held in the Council Chambers in City Hall, Waterloo, Iowa, on Monday, Febru- ary 24, 2014, at 5:30 p.m., and the pro- posals will be referred to the Waterloo Leisure Services Commission for rec- ommendation of award. PUBLIC HEARING Notice is hereby given that the Waterloo City Council will conduct a public hearing on the proposed specifications and form of contract for the FY2014 Cedar Vista Shelter Project at 5:30 p.m. on Monday, February 24, 2014. The hearing to be held in the Council Chambers in Water- loo City Hall. The proposed contract documents are on file in the City Clerk's office, 715 Mulberry St. and the Waterloo Leisure Services Commission office, 1101 Campbell Ave., Waterloo, Iowa, for public examination. Any person interest- ed may file written objection with the City Clerk before the date set.for the hearing vrappear ancFmake•objeetivn at the meeting. SCOPE OF WORK The Contractor shall provide all labor and materials necessary for the shelter and construction for the shelter located in Exchange Park, Park Road & Burton Avenue, Waterloo, Iowa. CONTRACT PERIOD The work shall be completed by May 15, 2014. PROPOSALS SUBMITTED All bids must be submitted on forms sup- plied by the Waterloo Leisure Services Commission. BID SECURITY REQUIRED All bids must be accompanied, in a sep- arate envelope, by a certified or cash- ier's check drawn on an Iowa bank char- tered under the laws of the United States, or a certified share draft drawn on a Credit Union in Iowa or chartered under the laws of the United States, or a bid bond payable to the City of Waterloo, Iowa, in the sum of not less than five per- cent (5%) of the bid submitted, which certTed--eheek� -cefti€ieel-sbara-c raft, Qs_ bid bond will be held as security thaTfhe Bidder will enter into a Contract for the construction work and will furnish the re- quired bonds, and in case the successful Bidder shall fail or refuse to enter into the Contract and furnish the required bonds, the bid security may be retained by said City as agreed liquidated damages. If Bid Bond is used, it must be signed by both the bidder anri fh� he 041 peas �a n - 1st :r - NI) w'sljdjaliog6lg ; 6( ' unsON'5-0o6 "lasas.6 5 '6!N onb ll-gl-17 Rjenjgad WMOI ,spuna6 eW '3S /jjenO '3 ZIZMogS Nn°6 fled /luno3 uosroer SOON MANS 4017S-353-6 LC 01. Pus 9 ueennaq IleO'jallo JO 1e101 adege lualleox3 ue6ao { 00Z 1.$ ue oueld a3Z1111ifW� fauleUalu3 P - _e te SAW tSKI1V3ISAW (NONI) woo'sP -eeuo'MMM 9£9L-LZZ-008 lo jaded sIi4 IIEO jaded jad 84 l$ sl 3BU1 •xeem/00C$ AIuO isjadedsmeu eMol OgZ JBAO ul luB011dd'e ue lmjo .aa JO l0npoid jnol` 3SI183AUtl- STATE OF IOWA, Black Hawk County I do solemnly swear that the annexed copy of 1429233 CITY OF WATERLOO, IOWA LEISURE SERV notice was published in the WATERLOO/CEDAR FALLS a daily newspaper printed in WATERLOO, Black Hawk County, Iowa, for 1 issues commencing on 02/10/2014, in the issues of 02/10/2014 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 $69.39 1,"Th './ Signe• (� Subscribed and sworn to before me this 17— day of F-i)'1,QA,,4Lt,L /1.Lan41_,e a Notar Public Received of a 'a � TANYA L LEER COMMISSION NO.781059 MY COMMISSION! E.r 9RES Ni[AIFIAR91 1 `2 1S the sum of Dollars in full for publication of the above invoice. Notary Seal: COURIER CITY Uh WA I ERLOO, IOWA LEISURE SERVICES COMMISSION NOTICE OF PUBLIC HEARING On Proposed Specifications and the NOTICE TO BIDDERS for 2014 CEDAR VISTA SHELTER PROJECT i PRE-BID MEETING Tuesday, February 11, 2014 at 10:00 ' a.m.in conference morn at the Leisure Services Building located at 1101 Camp- bell Avenue. RECEIVING OF BIDS Sealed proposals will be received by the City Clerk of the City of Waterloo Iowa, at her office in the City Hall, Waterloo, Io- wa, until Monday, February 24, 2014, at 4:00 p.m., for the FY2014 Cedar Vista Shelter Project as described in the plans and specifications now on file in the City Clerk's office and the Waterloo Leisure Services Commission office. OPENING OF BIDS, AII,'proposals received for the FY2014 Cedar Vista Shelter Project will be opened in open Council meeting to be held in the Council Chambers in City Hall, Waterloo, Iowa, on Monday, Febru- ary24, 2014, at, 5:30 p.m., and the pro- posals will be referred to the Waterloo Leisure Services Commission for rec- ommendation of award. PUBLIC HEARING Notice is hereby given that the Waterloo City Council will conduct a public hearing on the proposed specifications and form of contract for the FY2014 Cedar Vista Shelter Project at 5:30 p.m. on Monday, February 24, 2014. The hearing to be held in the Council Chambers in Water- loo City Hall. The proposed contract documents are on file in the City Clerk's office, 715 Mulberry St and the Waterloo Leisure Services Commission office, 1101 Campbell Ave., Waterloo, Iowa, for public examination. Any person interest- ed may file written objection with the City Clerk before the date set for the hearing or appear and make objection at the meeting SCOPE OF WORK The Contractor shall provide all labor and materials necessary for the shelter and construction for the shelter located in Exchange Park, Park Road & Burton Avenue, Waterloo, Iowa, CONTRACT PERIOD The work shall be completed by May 15, 2014. PROPOSALS SUBMITTED All bids must be submitted on forms sup- plied by the Waterloo Leisure Services Commission. BID SECURITY REQUIRED All bids must be accompanied, in a sep- arate envelope, by a certified or cash- ier's check drawn on an Iowa bank char- tered under the laws of the United States, or a certified share draft drawn on a Credit Union in Iowa or chartered under the laws of the United States, or a bid bond payable to the City of Waterloo, Iowa, in the sum of not less than five per- cent (5%) of the bid submitted, which certified check, certified share draft, or bid bond will be held as security that the Bidder will enter into a Contract for the construction work and will furnish the re- quired bonds, and in case the successful Bidder shall fail or refuse to enter into the Contract and furnish the required bonds, the bid security may be retained by said City as agreed liquidated damages. If Bid Bond is used, it must be signed by both the bidder and the surety or the surety's agent. Signature of surety's agent must be supported by accompa- nying Power of Attorney. CONTRACT AWARD The City shall award the Contract to the responsible Bidder(s) whose bid, con- forming to the Specifications, is most advantageous to the City and. the Water- loo Leisure Services Commission; price and other factors considered. The inten- tion is not to award the contract at the time of bid opening, but to award the 1, contract after review of bids and bidder information by the City and Waterloo Lei- sure Services Commission such that the award is made within thirty (30) days af- ter bid opening. The City reserves the right to waive any and all parts of a specific bid. BOND The successful Bidder shall furnish a Performance Bond, within ten (10) days after notification of acceptance of the I bid, in the amount equal to one hundred percent (100%) of the contract price. The Bond is to be issued by a responsible surety.approved by the City Council and shall guarantee the faithful performance of the contract and the terms and condi- tions therein contained and shall guaran- tee the prompt payment of all materials and labor and protect and save harmless the City from claims of any kind, caused by the operation of the Contractor. AFFIRMATIVE ACTION PROGRAM The successful Bidder and any subcon- tractors will be required to execute and have approved an Affirmative Actions Program or Update before beginning work on the project, if they have been awarded an aggregate of $10,000 in city projects during the current calendar year METHOD OF PAYMENT TO CONTRACTOR The Contractor will be paid against monthly estimates of the work complet- ed and work. approved by the Leisure Services staff. Final payment will be made thirty one (31) days after comple- tion of the work and acceptance by the Waterloo Laisure Services staff. Before final paymentis made for said work, vouchers showing that all subcontrac- tors and workmen and all person furnish- ing materials have been fully paid for such materials and labor will be required. Published pursuant to the provision of Division VI of Chapter 384 the City Code of Iowa and upon order of the City Coun cil of said Waterloo, Iowa, on. the 3rd day of February, 2014. City of Waterloo, Iowa, Suzy Schares, City Clerk Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-133 RESOLUTION CONFIRMING APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, ESTIMATE OF COST, ETC., IN CONJUNCTION WITH THE FY2014 CEDAR VISTA SHELTER PROJECT. WHEREAS, the City Council of the City of Waterloo, Iowa, heretofore instructed the Leisure Services Director of said City to prepare proposed plans, specifications, form of contract, estimate of cost, etc., in conjunction with the FY2014 Cedar Vista Shelter Project, in the City of Waterloo, Iowa, and WHEREAS, said Leisure Services Director did file said preliminary plans, specifications, form of contract, estimate of cost, etc. in conjunction with the FY2014 Cedar Vista Shelter Project, which were preliminarily approved by Resolution No. 2014-083 on February 3, 2014, and WHEREAS, a public hearing, upon notice, was held on February 24, 2014. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that said proposed plans, specifications, form of contract, estimate of cost, etc. in conjunction with the FY2014 Cedar Vista Shelter Project, in the City of Waterloo, Iowa, be, and the same are hereby, approved as filed. PASSED AND ADOPTED this 24th day of February, 2014. ATTEST: Suzy Sc City Cl ares, CMC rk 0.,1 rnest G. Clark, Mayor Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-134 RESOLUTION ORDERING CONSTRUCTION IN CONJUNCTION WITH THE FY2014 CEDAR VISTA SHELTER PROJECT. WHEREAS, by Resolution No. 2014-133, plans, specifications, form of contract, etc., in conjunction with the FY2014 Cedar Vista Shelter Project, in the City of Waterloo, Iowa, have been approved and adopted by this Council after the public hearing on February 24, 2014 as prescribed by statute. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that it is deemed advisable and necessary and it is so ordered on motion by this Council that the said project proceed in accordance with said plans and specifications. PASSED AND ADOPTED this 24th day of February, 2014. ATTEST: 14 Sc ares, CMC City Cl rk Ernest G . lark, Mayor Mayor BUCK CLARK COUNCIL MEMBERS DAVID JONES Ward I 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: February 10, 2014 Prepared: February 5, 2014 Dept. Head Signature: # of Attachments: /U SUBJECT: Set date of public hearing as February 24, 2014 for a request by Harris Cleaning for a site plan amendment to the "M -2,P" Planned Industrial District, to allow for the construction of a 80'x 125' (10,000 SF) industrial building, located at the southwest corner of Northeast Drive and Newell Street. Submitted by: Noel Anderson, Community Planning and Development Director Recommended City Council Action: Approval Summary Statement: Transmitted herewith is a request to set date of public hearing as February 24, 2014 for a request by Harris Cleaning for a site plan amendment to the "M -2,P" Planned Industrial District, to allow for the construction of a 10,000 SF industrial building located at the southwest corner of Northeast Drive and Newell Street. The request to construct the new industrial building would not appear to have a negative impact on the surrounding area, as the proposed structure would appear to fit the character of the industrial area it will be located in. The proposed site plan amendment request would not appear to have a negative impact upon traffic and pedestrian conditions in the area. There will be one ingress/egress point to the property coming from Northeast Drive. There are no sidewalks in the area. The site is served by Northeast Drive from the north and south, which is classified as a Local Street. Newell Street serves the site from the east and west, and is classified as a Minor Arterial. All necessary utilities are within the industrial park to serve the proposed development. The Zoning Ordinance requires that prior to the issuance of any building permit for any building or structure in the zoning district in question, a site plan amendment must be approved by the Planning, Programming and Zoning Commission and City Council if deemed a major amendment. The general plan for the development should show the location of all buildings, internal streets, parking lots, railroad tracks, proposed sanitary and storm sewer lines, and water and power facilities. CITY WEBSITE: www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer As noted, the applicant is proposing to construct a new, 80'x 125' (10,000 SF) light industrial building. The plat for this particular area has 50' building setback lines, therefore, the proposed structure would need to be at least 50' from the property lines fronting Northeast Drive and Newell Street. However, all required setbacks shall be determined through plan review. The proposed building will be 18' in height. The east elevation of the building facing towards Northeast Drive will have 4' of split face masonry along the bottom of the wall. Above that will be emerald green "Shadow Rib" siding, with white trim and white doors. On all other elevations of the building it will just be ribbed steel siding. At this time, no landscaping plan has been submitted. It will be necessary that a landscaping plan is submitted at the time of staff site plan review as a part of the building permit process. At their January 7, 2014 Planning, Programming and Zoning Commission meeting, the Commission voted unanimously to approve the request for site plan amendment. Expenditure Required: None Source of Funds: N/A Policy Issue: Economic Development, Land Use Alternative: Background Information: The Northeast Industrial Park was created in the mid-1990s to foster new economic growth, located in close proximity to heavy sewer lines and rail transportation. Legal Description: Northeast Industrial Park Plat No. 1, Lot 2, except the South 227 feet thereof. ta: NA Cc: Aric Schroeder, City Planner --file-- As noted, the applicant is proposing to construct a new, 80'x 125' (10,000 SF) light industrial building. The plat for this particular area has 50' building setback lines, therefore, the proposed structure would need to be at least 50' from the property lines fronting Northeast Drive and Newell Street. However, all required setbacks shall be determined through plan review. The proposed building will be 18' in height. The east elevation of the building facing towards Northeast Drive will have 4' of split face masonry along the bottom of the wall. Above that will be emerald green "Shadow Rib" siding, with white trim and white doors. On all other elevations of the building it will just be ribbed steel siding. At this time, no landscaping plan has been submitted. It will be necessary that a landscaping plan is submitted at the time of staff site plan review as a part of the building permit process. At their January 7, 2014 Planning, Programming and Zoning Commission meeting, the Commission voted unanimously to approve the request for site plan amendment. Expenditure Required: None Source of Funds: N/A Policy Issue: Economic Development, Land Use Alternative: Background Information: The Northeast Industrial Park was created in the mid-1990s to foster new economic growth, located in close proximity to heavy sewer lines and rail transportation. Legal Description: Northeast Industrial Park Plat No. 1, Lot 2, except the South 227 feet thereof. ta:NA Cc: Aric Schroeder, City Planner --file-- REQUEST: APPLICANT(S): GENERAL DESCRIPTION: SURROUNDING LAND USES AND IMPACT ON NEIGHBORHOOD: VEHICULAR & PEDESTRIAN TRAFFIC CONDITIONS: RELATIONSHIP TO RECREATIONAL TRAIL PLAN: ZONING HISTORY FOR SITE AND IMMEDIATE VICINITY: BUFFERS REQUIRED/ NEEDED: DRAINAGE: January 7, 2014 Request for a Site Plan Amendment to the "M -2,P" Planned Industrial District to allow for the construction of 10,000 SF industrial building, located at the southwest corner of Northeast Drive and Newell Street. Harris Cleaning, 736 Ansborough Ave, Waterloo, IA 50701. The applicant is requesting approval of the site plan amendment for the purpose of constructing an 80'x 125' (10,000 SF) industrial building. The request to construct the new industrial building would not appear to have a negative impact on the surrounding area, as the proposed structure would appear to fit the character of the industrial area it will be located in. The proposed site plan amendment request would not appear to have a negative impact upon traffic and pedestrian conditions in the area. There will be one ingress/egress point to the property coming off of Northeast Drive. There are no sidewalks in the area. The site is served by Northeast Drive from the north and south, which is classified as a Local Street. Newell Street serves the site from the east and west, and is classified as a Minor Arterial. The Martin Luther King, Jr. Drive recreational trail is located approximately 1/4 of a mile to the south along the north side of that road. The area in question is zoned "M -2,P" Planned Industrial District, and was rezoned from "A-1" Agricultural District in October of 1995. North —Vacant development ground, zoned "A-1" Agricultural District. South —Industrial development, zoned "M -2,P" Planned Industrial District. East — Industrial development, zoned "M -2,P" Planned Industrial District. West — Industrial development, zoned "M -2,P" Planned Industrial District. There appears to be no need for additional screening and buffering for this request. When the building is constructed, it will be necessary to submit and execute an approved landscaping plan. It would appear that the proposed site plan amendment would not have a negative impact on drainage in the area. The applicant would need to submit a storm water calculation and detention plan and provide a water detention area upon the site to mitigate any drainage concerns. A detention pond is SPA NE Dr and Newell St — 10000 SF bldg Page 1 of 3 1 DEVELOPMENT HISTORY: FLOODPLAIN: PUBLIC /OPEN SPACES/ SCHOOLS: UTILITIES: WATER, SANITARY SEWER, STORM SEWER, ETC. RELATIONSHIP TO COMPREHENSIVE LAND USE PLAN: STAFF ANALYSIS — ZONING ORDINANCE: March 6, 2012 shown on the north side of the property fronting Newell Street. The surrounding area is comprised of light industrial development. Development in this area began occurring in the middle 1990s, with the most recent development occurring in 2012. The area in question is not located within a Special Flood Hazard Area as indicated by the Federal Insurance Administration's Flood Insurance Rate Map Community Number 190025 and Panel Number 0193F, dated July 18, 2011. There are no parks or nearby schools within the immediate vicinity of the request. There is an 8" sanitary sewer located to the south of 2365 Northeast Drive within a utility/drainage easement. Also, there are several storm sewer inlets located within Northeast Drive in front of the property that outlet into that drainage easement located to the south of 2365 Northeast Drive. The proposed site plan amendment is in conformance with the Future Land Use Map and Comprehensive Plan for this area, which designates it as Industrial. The Zoning Ordinance requires that prior to the issuance of any building permit for any building or structure in the zoning district in question, a site plan amendment must be approved by the Planning, Programming and Zoning Commission and City Council if deemed a major amendment. The general plan for the development should show the location of all buildings, internal streets, parking lots, railroad tracks, proposed sanitary and storm sewer lines, and water and power facilities. As noted, the applicant is proposing to construct a new, 80'x 125' (10,000 SF) light industrial building, located at the southwest corner of Northeast Drive and Newell Street. The plat for this particular area has 50' building setback lines, therefore, the proposed structure would need to be at least 50' from the property lines fronting Northeast Drive and Newell Street. However, all required setbacks shall be determined through plan review. The proposed building will be 18' in height. The east elevation of the building facing towards Northeast Drive will have 4' of split face masonry along the bottom of the wall. Above that will be emerald green "Shadow Rib" siding, with white trim and white doors. On all other elevations of the building it will just be ribbed steel siding. At this time, no landscaping plan has been submitted. It will be necessary that a landscaping plan is submitted at the time of staff site plan review as a part of the building permit process. On the submitted site plan, the applicant is showing several areas to the west, south and north of the building that they are SPA NE Dr and Newell St — 10000 SF bldg Page 2 of 3 2 STAFF ANALYSIS — SUBDIVISION ORDINANCE: STAFF RECOMMENDATION: March 6, 2012 intending to surface with recycled asphalt. This is not an approved hard surfacing per the Zoning Ordinance, and if they intend to try and proceed with this type of surfacing, it will be necessary that they apply for a variance through the Board of Adjustment. Staff has concerns with this area being surfaced with recycled asphalt, as it would not fit the character of the area, as all nearby industrial properties have appropriate hard surfacing for their vehicular use areas. There is no platting required for this request. Therefore, staff recommends that the request for site plan amendment to the "M -2,P" Planned Industrial District for the construction of a 10,000 SF industrial building be approved for the following reasons: 1. The request is located within the Primary Growth Area according to the City of Waterloo Comprehensive Plan. 2. The proposed building would not appear to have a negative impact upon the surrounding area, and would appear to fit the character of existing industrial development in the area 3. The proposed development would not appear to have a negative impact upon traffic conditions in the area. 4. The proposed building can be serviced by the extension of existing utilities in the area. And subject to the following condition(s): 1. That the final site plan meets all applicable city codes, regulations, etc. including, but not limited to, parking, landscaping, drainage, etc. SPA NE Dr and Newell St —10000 SF bldg Page 3 of 3 3 City of Waterloo Planning, Programming and Zoning Commission January 7, 2014 4 !tt A-1 C M -2,P - DR. A-1 • _M 1 — „ • pie - /M=1 IR=2, I H I l l �' R -I 3 IT I i I / A-1 I 1 III r A-1 N of 2365 Northeast Drive M -2,P Site Plan Amendment Harris Cleaning ,Al 4►:! ii,CEN it®_ -r-= a---*,..M-g-1.7" / 1.000 500 0 1,000 aferiUO `O iFeet 4 City of Waterloo Planning, Programming and Zoning Commission January 7, 2014 Property Proposing Site Plan Amendment N of 2365 Northeast Dr M -2,P Site Plan Amendment Harris Cleaning 5 ArcI6_S vi.^.wer 2age 1 0'_ 1 Black Hawk County Real Estate and Tax Administration Locate Parcels by: 1.Parcel ID Address 3. ale s 14. Subdivision 5. Transfer Document hospital Measure Totals cleared. PtIs ce. 4- 6')1..i2,-. 20- 201 - o i, Layers: :- Schools Refresh Map Subdivisions Lots Map Tools [1111lel > I IQI6' hLLp://www2.co.black-h_wk.is.s/websi'.eibhmap/viewer.hlm L2/17/2C13 6 ------- - I.V.4.4-a..415 v.a1144.,, „kik `. 3. Ali:mi.-9 k1!1 lo &OA- kttlikk .•••,' • (1' r 5oputi,QJ inkisle 1 [ \CI /.'k 5.014 U-1-0 pasad .! r,6 V. I! r -c\ ) , ! Ii- Q • ,I t•t`-, 1,D A111•2 ILLSI-t;q%. 1:711-1.00 1=1. 2d 12.V "61,A21;s6- \,t; r1.• \ • 7 3 7,, eL t ez, \t a•Al Ekt.1" 1-1! t4‘11, E 'Jo 7 , St H e ;1 Arri r,' APPLICATION SITE PLAN AMENDMENT TO A "R -P", "M -P", "C -P", "B -P", "S-1" OR "C -Z" DISTRICT CITY OF WATERLOO PLANNING, PROGRAMMING, AND ZONING COMMISSION, WATERLOO, IOWA 319.291.4366 New or Overall Amendment Individual Building }O Minor change (check one) (Minor Change must be approved by staff) 1. APPLICATION INFORMATION: { a. Applicant's name (please print): [tel-L.CC s Addre{s: 1; Cv 6..ts ortact,NA Phone: 23S -(641 Fax: 7-3(c. r7 141 City: W akk,.toState:' .c.,P,--- Zip: S o'7 01 b. Status of applicant: (a) Owner (b) Other `)o (CHECK ONE): If other explain: c. Property owner's n e if d' e -nt than above (please print): Ot+YO W'haio ---41-6.(-2_4 i' ' ti,;i4 Address,: (ft' �1 t .'Z0o Phone: Fax: City: tt:�ki-7-4.(7.State: �.)- Zip: 2. PROPERTY INFORMATION: a. General location of site plan to be amended: 4V1 LS- 2, t Q (ThAi r b. Legal:description of property or portion to be amended: Y( pat 59 iZ- 2i)- Z :t - G L I c. Dimensions of proposed site plan amendment: ,2 Z S" X 3.5z) d. Area of proposed site plan amendment: N;iA. �, Avioe)ci 5./z.z. lir�c . <v p,t.i 124 �Cf.-, . ,i)igkrg e. Current zoning: p ,Z / { PGA.,„,,4 , t ry � � � u s T.) �} f. Reason(s) for site plan amendment and proposed use(s) of property: `�LPhs`�u_ -21-C g. Conditions (if any) agreed to (does not affect existing conditions unless specified): h. Other pertinent information (use reverse side if necessary): Please Note: If applicant is not the owner of the property, the signature of the owner must be secured. If it is the intent to subdivide (split) any land, vacant or improved in conjunction with this request it must go through a platting process (separate from site plan amendment request). The filing fee of $200 (for new or overall amendment), $100 (for individual Building), or $0 (for minor change) (payable to the City of Waterloo) is required. This fee is non-refundable. Under no condition shall said sum or any part thereof be refunded for failure of said amendment to be enacted into Iaw. Any major change in any of the information given will require that the request go back through the process, with a new filing fee. If the request is denied no new petition covering the same or portion of the same property shall be filed with or considered by the Planning, Programming, and Zoning Commission until four (4) months have elapsed from the date of denial by the Waterloo City Council. The undersigned certify under oath and under the penalties of perjury that all information on this request and submitted along with it is true and correct. All information submitted will be used by the Waterloo Planning, Programming, and Zoning Commission and the Waterloo City Council in making their decision. The undersigned authorize City Zoning Officials to enter the property in question in re ar to the request. 13 I i fi3�� Lit t.t Si, .ture of Au6licaGt Date Sig' ature of 0 er Date 2G i5 L//�,,(r L, 72/ 9' Is 9 North of 2365 Northeast Drive — M-2, P Site Plan Amendment Looking at the site in question to be developed. Looking adjacent to the south at an existing industrial building. Looking north across Newell Street at existing farm ground. Looking east across Northeast Drive at an existing industrial building. 10 STATE OF IOWA, Black Hawk County I do solemnly swear that the annexed copy of 1429582 NOTICE OF PUBLIC HEARING TO WHOM I notice was published in the WATERLOO/CEDAR FALLS a daily newspaper printed in WATERLOO, Black Hawk County, Iowa, for 1 issues commencing on 02/14/2014, in the issues of 02/14/2014 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 $13.42 6/ Signed Subscribed and ig day of Notary Public Received of sworn to before me re_in(LarLi Loc. Vfl q&/iLa this COURIER JODI E MCKINSTR COMMISSION NO.782413 mYcOlrelrareil NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Notice is hereby given that on the 24th day of February, 2014, at 5:30 p.m. in the Law Court Theater at Waterloo Center for the Arts, 225 Commercial Street, Wa- terloo, IA, a public hearing will be held by the Council of the City of Waterloo, Iowa, on the request by Harris Cleaning for a site plan amendment to the "M -2,P" Planned Industrial District, to allow for the construction of a 80' X 125' (10,000 SF) industrial building, located at the southwest corner of Northeast Drive and Newell Street, legally described as fol- lows: Northeast Industrial Park Plat No. 1, Lot 2, except the South 227 feet thereof, City of Waterloo, Black Hawk County, State of Iowa. Anyone interested may appear at that 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 Wa- terloo this 10th day of February, 2014. Suzy Schares City Clerk the sum of Dollars in full for publication of the above invoice. Notary Seal: Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. ORDINANCE NO. 5201 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 "M -2,P" PLANNED INDUSTRIAL 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 "M -2,P" Planned Industrial District, to allow for the construction of a 80' x 125' (10,000 SF) industrial building, legally described as follows: Northeast Industrial Park Plat No. 1, Lot 2, except the South 227 feet thereof, City of Waterloo, Black Hawk County, State of Iowa; and subject to the following condition: 1. That the final site plan meets all applicable city codes, regulations, etc. including, but not limited to, parking, landscaping, drainage, etc. Section 2. directed to file Recorder of Black That the City Clerk be, and she is hereby a certified copy of this Ordinance with the Hawk County, Iowa. INTRODUCED: PASSED 1st CONSIDERATION: PASSED 2nd CONSIDERATION: PASSED 3rd CONSIDERATION: PASSED AND ADOPTED ATTEST: y Sch res, CMC City Clerk February 24, 2014 February 24, 2014 February 24, 2014 February 24, 2014 this 24th day of February, 2014. /117 Ernest G. Clark, CERTIFICATE 4/;4314-1-9 Mayor I, Suzy Schares, City Clerk of the City of Waterloo, Iowa, do hereby certify that the preceding is a true and complete copy of Ordinance No. 5201 as passed and adopted by the City Council of the City of Waterloo, Iowa, on the 24tn day of February, 2014. Witness my hand and seal of office this 24th day of February, 2014. SEAL fl uzy Sch City Cle es, CMC k STATE OF IOWA, } Black Hawk County, SS ORDINANCE NO. 5201 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 "M -2,P" PLANNED INDUSTRIAL DISTRICT. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATER- LOO, IOWA: Section 1. That the Official Zoning Map referred to in Section 10-4-4, of Ordi- nance No. 5079, as amended, City of Waterloo Zoning Ordinance, be amended to approve a site plan amendment to the "M -2,P" Planned Industrial District, to allow for the construction of a 80' x 125' (10,000 SF) industrial building, legally described as follows: Northeast Industrial Park Plat No. 1, Lot 2, except the South 227 feet thereof, City of Waterloo, Black Hawk County, State of Iowa; and subject to the following condition: 1. That the final site plan meets all applicable city codes, regulations, etc. including, but not limited to, parking, landscaping, drainage, etc. 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: February 24, 2014 PASSED 1st CONSIDERATION: February 24, 2014 PASSED 2nd CONSIDERATION: . February 24, 2014 PASSED 3rd CONSIDERATION: February 24, 2014 PASSED AND ADOPTED this 24th day of February, 2014. Ernest G. Clark, Mayor ATTEST: Suzy Schares, CMC City Clerk I do solemnly swear that the annexed copy of legal City of Waterloo Ordinance No. 5201 Notice was published in the Waterloo -Cedar Falls Courier, a daily newspaper printed in Waterloo, Black Hawk County, Iowa, once commencing on the 2nd day of April, 2014 in the name of said newspaper, and that the annexed rate of advertised is the regular legal rate of said newspaper, and that the following is a correct bill for publishing said notice. Printer's Bill $16.66 Subscribed and sworn to before me this IC) Day of Q0CLO r� Received of Notary Public the sum of Dollars. In full for publication of the above notice. ,r a JODI E MCKlNSTRRY1 COMMISSION NO.782 41 eta° ccr fs sArd CITY OF WATERLOO Council Communication City Council Meeting: February 24, 2014 Prepared: February 18, 2014 Dept. Head Signature: PH # of Attachments: SUBJECT: FY2014 DANES COMPLEX LIGHTING PROJECT Submitted by: Travis Nichols, Leisure Services Facilities/Project Manager Recommended City Council Action: To request the City Council for acceptance and approve the final contract amount of Eighty -Nine Thousand, Eight Hundred and Sixty -Seven Dollars and 00/100 ($89,867.00) for work completed by KW Electric Inc. of Cedar Falls, Iowa for the FY2014 DANES COMPLEX LIGHTING PROJECT. Summary Statement: Original Contract: 87,987.00 Change Order #1 1,880.00 Approved February 17, 2014 Total 89,867.00 Expenditure Required: NA Source of Funds: $72,000 Black Hawk County Gaming Association Grant and $17,867.00 general obligation bonds. Policy Issue: Alternative: Background Information: BHCGA awarded $72,000 for this project on August, 19, 2013. Contract awarded November 12, 2013. Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-135 RESOLUTION APPROVING THE RECOMMENDATION OF ACCEPTANCE AS TO WORK AND MATERIALS FURNISHED BY KWS, INC. OF CEDAR FALLS, IOWA, IN CONJUNCTION WITH THE FY2014 DANES COMPLEX LIGHTING PROJECT, AND ACCEPTING THE WORK. WHEREAS, KWS, Inc. of Cedar Falls, Iowa, has under contract with the City of Waterloo, Iowa, furnished certain materials and performed labor at a total cost of $89,867.00 in conjunction with the FY2014 Danes Complex Lighting Project, in the City of Waterloo, Iowa. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Certificate of Completion and Recommendation of Acceptance be and the same hereby approved. PASSED AND ADOPTED this 24th day of February, 2014. Ernest G. Clark, Mayor ATTEST: Suzy Sch res, CMC City Cl k CITY OF WATERLOO Council Communication City Council Meeting: February 24, 2014 Prepared: February 17. 2014 Dept. Head Signature:' # of Attachments: (1) 28E Ambulance Response Agreements SUBJECT: 28E Ambulance Response Agreements Submitted by: Pat Treloar, Chief of Fire Services Recommended City Council Action: Approve and have Mayor Clark sign (13) 28 E Agreements between the City of Waterloo and the following communities: Denver, Dysart, Hudson, Dunkerton, Wellsburg, LaPorte City, Evansdale, Traer, Jesup, Fairbank, North Benton, Reinbeck, and Gladbrook-Lincoln. Summary Statement: Waterloo Fire Rescue currently has Ambulance Response Agreements (Mutual Aid Agreements) with all communities listed above. On December 16, 2013 council approved a rate increase thus new agreements needed to be drafted and sent to the agencies affected by the increase. Expenditure Required: Source of Funds: Revenue Line Item: 010.12.1410.3414-Amubulance Service Fee Policy Issue Alternative Background Information: On average WFR responds to 50 mutual aid calls per year to surrounding communities. Communities that request Mutual Aid do so for various reasons that include: 1) No personnel available. 2) Advanced Life Support Call that requires a paramedic level skill. 3) Special equipment is needed. Mayor BUCK CLARK COUNCIL MEMBERS DAVID JONES tt,,r�r r CAROLYN COLE RJrd HAROLD GETTY QUE TIN Ni FIR! RON til ELPER 04:rrri C NEENWOOC) t, -carve STEL. °E 5 —I t n—t CITY OF WATERL WATERLOO FIRE R 425 East Th!rh Street • Waterloo, IA 50703 • (31 Pat Treloar • Chief of Fire S AMBULANCE RESPONSE AGREEMENT This Ambulance Response Agreement (the "Agreement") is entered into on , 2014, by and between Waterloo Fire Rescue, a department of the City of Waterloo, Iowa ("Responding Party") and Wellsburg Ambulance Service, a department of the City of Wellsburg. Iowa ("Requesting Party"). WHEREAS, Responding Party has the personnel, equipment, and expertise in providing ambulance response for certain medical requests; and WHEREAS, Requesting Party desires to use the ambulance services of Responding Party since it does not have the personnel, equipment, or expertise of Responding Party; and WHEREAS, the parties are desirous of entering into an agreement for Responding Party to provide ambulance response as requested and as Responding Party is able depending on its own needs, among other factors. NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are acknowledged, the parties agree as follows: Section 1. Authority to Request Assistance The parties authorize their respective fire chiefs or, in the chief's absence, any authorized designee to request or provide ambulance aid from and to the other party upon request. The parties do not create any separate legal or administrative entity for purposes of this Agreement. Section 2. Discretion to Respond: Failure to Reach the Place of Emergency Notwithstanding anything to the contrary in this Agreement, Responding Party retains sole discretion whether to respond to any request for assistance, based on its own needs and other factors it considers relevant at the time, and Responding Party will not be liable for any injury, death, damage or loss resulting from any decision not to respond to a request for services. In the event of a response, there shall be no liability whatsoever for Responding Party's failure to reach the place of an emergency call whenever there are events beyond the control of the Responding Party, which shall necessarily include but not be limited to weather events or other emergency needs within the jurisdiction of the Responding Party CITY WEBSITE: www.citwf atetloo o.,, WE'RE WORKING FOR You ? E : i I.:,pc,DrturvtyiAttfrraive Actro, which may impair or prevent a timely response. Responding Party shall not be liable to Requesting Party for any damages or loss caused by or resulting from its inability or refusal to provide a response, from the operation or failure to operate of its equipment, or from the acts or omissions of its personnel. Section 3. On -Scene Jurisdiction The Responding Party's chief or his/her designee shall supervise its personnel, apparatus, equipment, and material. Section 4. Payment The Requesting Party agrees to pay the Responding Party three hundred dollars ($300.00) for each response. Requesting Party agrees to remit payment in full within 30 days of invoicing. Response charges may be modified from time to time by written notice from Responding Party to the Requesting Party given as set forth herein. Section 5. Term of Agreement; Renewal The term of this Agreement shall be for one (1) year from the date of the execution hereof, and it may be renewed automatically for successive one-year terms with the same provisions, unless either party notifies the other in writing at least sixty days (60) prior to the expiration of the current term of its intention to modify, amend, or terminate this Agreement. Section 6. Termination Notwithstanding anything to the contrary in Section 5, either party may terminate this Agreement at any time and for any reason by providing at least sixty (60) days' advance written notice to the other party in care of the person to whom the notice must be given as set forth herein. Section 7. Notices All notices required by this Agreement shall be sent by U.S. certified mail, return receipt requested, as follows: Responding Party Requesting Party Waterloo Fire Rescue 425 E. Third Street Waterloo, IA 50703 Attn: Fire Chief Wellsburg Ambulance Service P. O. Box Wellsburg, IA 50680 Attn: Ambulance Chief Notice is deemed delivered two (2) business days after mailing. A party may change its address for giving of notice in the manner prescribed by this section. Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-136 RESOLUTION APPROVING 28E AGREEMENTS WITH THE FOLLOWING COMMUNITIES: DENVER, DYSART, HUDSON, DUNKERTON, WELLSBURG, LAPORTE CITY, EVANSDALE, TRAER, JESUP, FAIRBANK, NORTH BENTON, REINBECK AND GLADBROOK-LINCOLN AND DIRECTING EXECUTION OF SAID 28E AGREEMENTS BY MAYOR. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the 28E Agreements dated February 24, 2014, to provide ambulance response for a period of one (1) year, by and between Denver, Dysart, Hudson, Dunkerton, Wellsburg, LaPorte City, Evansdale, Traer, Jesup, Fairbank, North Benton, Reinbeck and Gladbrook-Lincoln and the City of Waterloo, Iowa, be and the same are hereby approved, and the Mayor and City Clerk authorized to execute the same in behalf of the City of Waterloo, Iowa. PASSED AND ADOPTED this 24th day of February, 2014. Ernest G. Clark, Mayor ATTEST: Suzy Sch res, CMC City Clerk Mayor BUCK CLARK COUNCIL MEMBERS DAVID JONES Ward ISubmitted by: Aric Schroeder, City Planner and Co -Chair of the Waterloo Blue CAROLYN Zones Community Policy Committee on Walkability and Bikeability. COLE Ward 2 Recommended City Council Action: Approval of a resolution adopting the City of Waterloo Bicycle Master Plan. Summary Statement: Planning, Engineering and Traffic staff have been working closely with the Waterloo Blue Zones Community Policy Committee on Walkability and Bikeability, who helped the City develop a Complete Streets Policy for the City of Waterloo, which was recently recognized by the National Complete Streets Coalition as one of the best Complete Streets policies adopted across the nation in 2013. Adoption of the Complete Streets Policy was a required element towards the City of Waterloo's goal of becoming a Blue Zones certified community. Adoption of a Bicycle Master Plan is also a required element towards certification, one of the few remaining for the City of Waterloo to be able to complete certification. City staff worked closely with the Metropolitan Planning Organization in their recent development of the 2040 Long Range Transportation Plan (LRTP), which includes a Chapter 5 on Non -Motorized Transportation component. We are proposing to adopt Chapter 5 of the LRTP as the City of Waterloo's Bicycle Master Plan. In the future, we may want to look at development of a more detailed Bicycle Master Plan specific to Waterloo, but Chapter 5 of the LRTP is a good initial step and will keep us on track for Blue Zones certification. Please find attached a draft resolution, and the Chapter 5 Non -Motorized Transportation component of the Black Hawk County Metropolitan Area Transportation Policy Board 2040 Long Range Transportation Plan which is Exhibit "A" to the resolution and would become the City of Waterloo's Bicycle Master Plan. Expenditure Required: No expenditure is required for the adoption of the plan, however additional discussion is needed regarding the implementation of complete streets and other non -motorized transportation elements identified within the plan, 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: 02/24/ 14 Prepared: 02/18/14 Dept. Head Signature: # of Attachments: SUBJECT: Resolution adopting the City of Waterloo Bicycle Master Plan by hereby adopting Chapter 5 Non -Motorized Transportation Component of the Black Hawk County Metropolitan Area Transportation Policy Board 2040 Long Range Transportation Plan as the City of Waterloo's Bicycle Master Plan. PAT MORRISSEY Ward 3 QUENTIN HART Ward 4 RON WELPER Ward 5 TOM LIND At -Large STEVE SCHMITT At -Large CITY WEBSITE: www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer which will have financial implications. In particular, local projects that do not involve federal, state or other funding sources such as grants will need to have additional discussion as to how complete streets elements would be funded. Source of Funds: n/a for adoption of the plan, however additional discussion is needed regarding the source of funding to implement complete streets elements. Policy Issue: Bicycle Master Plan Alternative: The alternative would be to not adopt the Bicycle Master Plan, however adoption of the plan is a requirement for the City of Waterloo to reach Blue Zones Certification, so not adopting the policy will prevent the City from reaching certification. Legal Description: n/a cc: Noel Andersion, Community Planning and Development Director Path: K:AUSERS\ARIC-S\City of Waterloo\council letters\Mise • Appeals - Determinations - Other \05-05-13 Council Communication Complete Streets Policy.docx This Resolution prepared by Carol Failor, Deputy City Clerk, 715 Mulberry Street, Waterloo, Iowa. RESOLUTION NO. RESOLUTION ADOPTING THE CITY OF WATERLOO BICYCLE MASTER PLAN BY HEREBY ADOPTING CHAPTER 5 NON -MOTORIZED TRANSPORTATION COMPONENT OF THE BLACK HAWK COUNTY METROPOLITAN AREA TRANSPORTATION POLICY BOARD 2040 LONG RANGE TRANSPORTATION PLAN AS THE CITY OF WATERLOO'S BICYCLE MASTER PLAN. WHEREAS, bicycling facilities are a critical component of public space and play a major role in establishing the image and identity of a city, provide vital quality of life to its citizens, and provide a key framework for current and future development; and WHEREAS, the City of Waterloo supports and encourages the expansion of existing and development of new bicycling facilities and supports and encourages the protection and long- term sustainability of bicycling facilities; and WHEREAS, Transportation 2013 adopted Transportation (LRTP); and the Black Hawk County Metropolitan Area Policy Board has developed and on November 14, the Black Hawk County Metropolitan Area Policy Board 2040 Long Range Transportation Plan WHEREAS, Chapter 5 of said LRTP is the Non -Motorized Transportation component and includes a "Bicycle Accommodations" section, a "Bicycle Accommodation Plan" section, and an "Applying the Bicycle Accommodation Plan" section which includes elements on implementation of the plan, funding of projects and fiscal constraint, and tracking progress; and WHEREAS, the Waterloo Blue Zones Project attaches certification for the community to development and adoption of a Bicycle Master Plan; and WHEREAS, as stated in the LRTP, the City of Waterloo is hereby adopting Chapter 5 Non -Motorized Transportation component of the Black Hawk County Metropolitan Area Transportation Policy Board 2040 Long Range Transportation Plan as the City of Waterloo's Bicycling Master Plan; and WHEREAS, on June 10, 2013 the Waterloo City Council passed Resolution 2013-474 establishing a Complete Streets Policy and the Complete Streets Advisory Committee; and Resolution 2014 - Page 2 WHEREAS, a goal of Complete Streets is to improve the access and mobility for all users of streets in the community by improving safety through reducing conflict and encouraging non -motorized transportation, which includes development and expansion of: 1)shared use paths (off-road bike trails/multi- use paths), 2) bicycle lanes, 3) paved shoulders, 4) shared lanes (bike routes marked by signs and/or pavement markings such as sharrows), and 5) shared roadway (no separate bicycle facility or signage); and WHEREAS, a Bicycle Master Plan provides a method for prioritizing bikeway projects that will guide future development and funding and serve as a resource for improving the safety and transportation options for the residents and visitors of the City of Waterloo; and WHEREAS, specific projects and initiatives recommended in the Bicycle Master Plan will receive additional review by City Council, City staff, and the general public prior to construction. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, that the City of Waterloo hereby adopts the City of Waterloo Bicycle Master Plan attached as Exhibit "A", which is the Chapter 5 Non -Motorized Transportation component of the Black Hawk County Metropolitan Area Transportation Policy Board 2040 Long Range Transportation Plan. PASSED AND ADOPTED this 24th day of February, 2014. Ernest G. Clark, Mayor ATTEST: Suzy Schares, CMC City Clerk EXHIBIT "A" Chapter 5 Non -Motorized Transportation Introduction National Policy State Planning Local History and Goals History Goals Public Input Survey Planning Efforts Bicycle/Pedestrian Focus Group Blue Zones and Complete Street Policies Cedar Falls Bicycle/Pedestrian Advisory Committee IA 58 Bicycle/Pedestrian Study Pedestrian Accommodations Safe Routes to School and I -WALK Pedestrian Master Plan Trail System Existing Trail System American Discovery Trail Trail Use Soft Trails Water Trails Prairie Pathways Cedar Valley Trails 911 Signs Project 2040 Long Range Transportation Plan 84 Bicycle Accommodations Bicyclist Skill Levels Types of Bicycle Facilities Cost of Bicycle Facilities Bicycle Accommodation Plan Applying the Bicycle Accommodation Plan Implementation Funding Projects & Fiscal Constraint MPO Programming Process Currently Programmed Projects Projected Revenues Fiscal Constraint Tracking Progress Ancillary Bicycle and Pedestrian Considerations Education 2040 Long Range Transportation Plan 85 Introduction Over the past several decades, walking and bicycling as a means of transportation and recreation have increased in popularity. This has led to a surge in the construction of trails and on -road accommodations for these modes of travel. The MPO is fortunate to have one of the finest trail systems in the Midwest. While finishing the off-road trail system remains important, priorities in the metropolitan area are shifting to maintenance of the existing system and the provision of on -road accommodations. This chapter provides insight into the development of bicycle and pedestrian facilities in the metropolitan area, including an overview of the current system and its usage, as well as identification of future needs and initiatives. The chapter provides a background of planning at the national, state, and local levels, and then focuses on pedestrian accommodations, multi -use trails, and bicycle accommodations. National Policy Planning and providing for bicycle/pedestrian facilities and transportation enhancements was strongly supported in ISTEA, has been reinforced since in TEA -21, SAFETEA-LU, and MAP -21. In addition to providing funding opportunities, the U.S. Department of Transportation (DOT) has taken a proactive approach in encouraging non -motorized transportation as an efficient and environmentally sound alternative for commuter travel. The DOT issued a Policy Statement on Bicycle and Pedestrian Accommodation Regulations and Recommendations in 2010, which reflects the DOT's support for the development of fully integrated active transportation networks. The Policy Statement is: The DOT policy is to incorporate safe and convenient walking and bicycling facilities into transportation projects. Every transportation agency, including DOT, has the responsibility to improve conditions and opportunities for walking and bicycling and to integrate walking and bicycling into their transportation systems. Because of the numerous individual and community benefits that walking and bicycling provide — including health, safety, environmental, transportation, and quality of life — transportation agencies are encouraged to go beyond minimum standards to provide safe and convenient facilities for these modes. (http://www.fhwa.dot.gov/environment/bicycle pedestrian/overview/policy accom.cfm) State Planning In 2000, the Iowa DOT developed Iowa Trails 2000, a document aimed at guiding the future development of trail corridors of regional, statewide, and national significance within the state. In 2013, the DOT hired a consultant to update its bicycle plan. The document provides an array of resources which can be used by state agencies and local and regional governments during trail planning and implementation. A supplement to the plan is titled Connecting People and Trails: Local Community Planning for Bicyclists and Pedestrians. This document identifies the following four basic principles to developing a successful bicycle and pedestrian plan: 2040 Long Range Transportation Plan 86 1. Local bicycle and pedestrian systems should provide safe and comfortable facilities. 2. Direct access to destinations and continuity through connected facilities encourages the use of bicycle and pedestrian facilities. 3. The design and extent of a bicycle and pedestrian system should reflect the needs of the community. 4. A bicycle and pedestrian plan should be implemented in phases over a reasonable period of time. Efforts to develop bicycle and pedestrian accommodations in the metropolitan area have attempted to embody these principles. The MPO fully supports safe and comfortable facilities that fit the needs of the community. In particular, the needs of recreational bicyclists and other non -motorized recreational users have been well addressed by the implementation of the area's trail system over the last few decades. The final portions of the trail system will continue to be implemented as funding becomes available. However, the MPO is transitioning from a focus on off-road accommodations to an emphasis on improving on -road accommodations. Due to right-of-way constraints and other design factors, separated facilities are not feasible or necessary to reach many commuter -based destination points, resulting in the need for improved pedestrian accommodations and on -road bicycle accommodations. The recreational trail system is one of the best features of the metropolitan area, and should not be overlooked. However, that system is relatively complete, and does not by itself address all the needs of bicyclists and pedestrians. Local History and Goals History Since the construction of the Cedar Valley Nature Trail and the trail system in George Wyth Memorial State Park, area residents have shown an increasing interest in bicycling for recreation. In the mid-1970s and early 1980s, park and transportation officials throughout the metropolitan area recognized the need to develop and enhance the existing nature trails as an alternative transportation facility. To help organize and encourage bicycle trail planning to meet both these needs, INRCOG, along with the cities of the MPO, retained Barton-Aschman to draft the Bikeway Master Development Plan in Bicyclists riding along the Cedar River 1985. The Bikeway Master Development Plan studied current usage and demand for bicycle facilities in the metropolitan area. Based on these findings, the consultant developed a plan for the metropolitan area's bike system with recommended design standards, and suggested specific routes and funding guidelines for future implementation. The plan was the basis of metropolitan area trail planning and development following its adoption by the MPO in 1986. 2040 Long Range Transportation Plan 87 Goals To foster continued development of the metropolitan trail system and expand bicycle transportation opportunities, the MPO Policy Board has adopted several goals related to access and safety for the metropolitan area. These goals were first identified in the aforementioned Bikeway Master Development Plan and have since been revised, reflecting progress made and changes in bicycle/pedestrian transportation theory and practice. Access Goals 1. Complete a continuous trail system of on and off-road facilities in the Black Hawk County Metropolitan Area and provide for connections to the developing regional trail system. 2. Provide efficient non -motorized access between major traffic generators. 3. Provide a framework to local jurisdictions that encourages the incorporation of bicycle and pedestrian accommodations in new and existing transportation infrastructure and development initiatives. Safety Goals 1. Reduce bicycle/motor vehicle, pedestrian/motor vehicle, and bicycle/pedestrian conflicts and crashes. 2. Reduce physical obstructions/barriers that impede safe bicycle/pedestrian travel. 3. Encourage the development of safety education programs to inform the public of bicycle/pedestrian rules and regulations. 4. Where feasible, utilize railroad right-of-way, levees, and parkways to avoid traffic conflict, including adequate grade separation at intersections. 5. Utilizing established evaluation criteria, identify "bicycle friendly" streets, which will accommodate on -road bicycle travel. To accomplish these goals and meet the future needs of both recreation -based and commuter -based bicycle and pedestrian travel, the MPO will continue to implement a multi -tiered system. One tier consists of the extensive off-road trail system in the metropolitan area. Much of this system has been completed, thus the priority will be to implement the final links and focus on maintenance of the system. Another tier is the further development and implementation of on -road facilities that will serve bicyclists, particularly commuters. This has become more of a priority for the MPO, as it is recognized that an efficient on -street system will greatly enhance the transportation system for bicyclists. It is important to stress that the on and off-road systems envisioned must dovetail to provide seamless interaction between trails and on - road facilities. The MPO's focus for pedestrians will be enhancing the walking environment by filling in sidewalk gaps, improving crossing safety, and linking neighborhoods with schools and destinations. The existing trail system provides for non -motorized access to various recreation -based venues. However, it is lacking in the connection of non -recreation based destinations. Primary destinations considered in the overall development of the non -motorized system include intersections with existing local, regional, and statewide trails, parks and other outdoor recreation venues (which are largely already connected via trails), large retail/commercial areas, schools, colleges, large employment centers, and various public service facilities. The location of each destination will serve as a framework for the development of further bicycle and pedestrian accommodations. 2040 Long Range Transportation Plan 88 Public Input Survey Part of the reason that the MPO's focus has shifted from trails to other bicycle and pedestrian accommodations is that the public has become increasingly interested in improving the transportation system for modes other than the automobile. The April, 2013 public input survey, which garnered 348 responses, had several questions that involved bicycle and pedestrian components. An initial question asked how often residents undertook various transportation activities, and the bicycle/pedestrian-related topics are shown in Table 5.1. While the "Never" category ranks highest for all three categories, there was still a significant percentage of respondents selecting "More than 1 or 2 times per week" for each category. Table 5.1: How Often Respondents Undertook Various Bicycle/Pedestrian Activities 1 or 2 3 to 12 2 or 3 1 or 2 More than 1 times in times in times per times or 2 times Never the ear the ear month ser week • er week Walked or biked to/from work 60.7% 7.3% 12.3% Rode a bicycle on a city street 24.1% 10.6% 19.1% i Used an_ off-road trail 21.3% 12.5% 21.3% Data source: 2013 MPO Public Input Survey 5.3% 3.2% 11.2% 12.1% 22.9% 15.2% 13.7% 16.0% 11.1% Figure 5.1 shows the differences in perceived quality of various bicycle and pedestrian infrastructure elements. The two pedestrian categories are relatively similar in percentages for each quality level, with most respondents selecting "Fair" or "Good". However, a notable difference is visible in on -road bicycle accommodations versus the off-road trail system. Close to 90% of respondents selected "Good" or "Excellent" for off-road trails, while the two highest categories for on -road accommodations were "Fair" and "Poor". This lends further credence to the notion that the existing recreational trail system is a major asset for the area, while the on -road bicycle accommodation system has room for improvement. Figure 5.1: Comparison of Perceived Quality of Bicycle and Pedestrian Infrastructure 60.0% 50.0% C 40.0% C 0 Q. 1:::: a 10.0% 0.0% Very Poor Poor Fair Good Excellent MI Crosswalks Sidewalks and curb ramps • On -road bicycle accommodations ■ Off-road trail system Data source: 2013 MPO Public Input Survey 2040 Long Range Transportation Plan 89 Finally, Table 5.2 shows the importance of various types of bicycle/pedestrian infrastructure improvements to respondents. While all categories have their highest ranking in either "Moderately Important" or "Very Important", it is interesting to note that the two highest "Very Important" categories are completing missing segments of sidewalks along major roads and improving crosswalk safety along major roads. Table 5.2: Importance of Making Bicycle/Pedestrian Infrastructure Improvements Not Somewhat Moderately Very Important Important Important Important More off-road trails aimed at recreation, linking parks, open spaces, and communities More off-road trails aimed at commuting, linking residential 9.7% 19.2% 31.9% areas to schools and employment centers 11.6% 23.5% 33.3% 31.5% 39.2% More on -road accommodations for bicyclists, such as signage, sharrows, or bike lanes 15.5% 18.2% 28.1% 38.2% Completing missing segments of sidewalks along major roads 4.4% 13.3% 28.4% 53.8% Improving crosswalk safety on ma'or roads 3.6% 13.4% 27.6% 55.5% Connecting bus stops to the sidewalk network 19.3% 27.8% 27.8% 25.1% Data source: 2013 MPO Public Input Survey Planning Efforts Bicycle/Pedestrian Focus Group The MPO's Bicycle/Pedestrian Focus Group met five times during the summer of 2013 to help guide development of this chapter and the Bicycle Accommodation Plan (BAP). Entities that were represented at the meetings included the Cities of Cedar Falls, Evansdale, and Waterloo, the Black Hawk County Conservation Board, Iowa DNR/George Wyth Memorial State Park, Blue Zones, Healthy Cedar Valley Coalition, Cedar Trails Partnership, Cedar Falls Tourism & Visitors Bureau, Waterloo Convention & Visitors Bureau, Ritland Kuiper Landscape Architects, the Iowa DOT, and INRCOG. This group spent much time discussing the shifting emphasis from off-road trails to on -road and shared lane bicycle accommodations, and was instrumental in creating the BAP. The group also reviewed the fiscal constraint element of the chapter and recommended the programming of funding discussed later in this chapter to the Policy Board. Blue Zones and Complete Street Policies In 2012, both Waterloo and Cedar Falls were selected as Blue Zones Demonstration Sites. The aim of Blue Zones is to live longer and better by implementing community policies and environmental changes that make healthier choices easier. One of the requirements for a city to become Blue Zones certified is to adopt a complete streets policy. Complete streets are designed and operated to enable safe access for all users. Pedestrians, bicyclists, motorists, and transit riders of all ages and abilities should be able to move safely along and across a complete street. There are many benefits to complete streets, with the most prominent being improved safety for all users. In addition, complete streets encourage other modes of travel besides personal automobile, thereby improving health, decreasing air pollution from emissions, and decreasing congestion. 2040 Long Range Transportation Plan 90 The design of a complete street can vary greatly, depending on the characteristics of the roadway. Local, residential streets that have low speeds and low traffic volumes are likely already complete streets, as they do not require separate accommodations for other modes of travel. Busier streets may require more infrastructure to make them complete. Example elements that could be part of a complete street include sidewalks, bike lanes, wide shoulders, separate trails, crosswalk striping/raised crosswalks, median refuges/islands, bus pullouts/bus-only lanes, roundabouts, aesthetic improvements, and audible pedestrian signals/countdown pedestrian signals. The optimal design for a particular street will depend upon many factors, including its traffic volume, speed limit, lane widths, parking, and so on. In 2013, Waterloo adopted a complete streets policy and Cedar Falls updated its complete streets policy to meet Blue Zones requirements (the policies can be viewed in the Appendix). Both policies outline the cities' approaches to considering all transportation users in the design of road projects. The MPO has discussed adopting a metropolitan complete streets policy, and anticipates doing so in the near future. The MPO strongly encourages all federally funded projects to be designed from a complete streets perspective, and consider pedestrians, bicyclists, and transit riders in the project design, in addition to automobiles and trucks. It is easier and more cost-effective to integrate complete street elements in the project's initial design, rather than attempting to retrofit the project later. Roadway projects requesting Surface Transportation Program Funding from the MPO are generally either new construction or major reconstruction; therefore, jurisdictions submitting projects should design those projects to function optimally for all users. Examples of how complete street elements are being integrated into the planning process for projects have been occurring with a couple projects programmed for federal aid in FY 2014 — Kimball Ave. in Waterloo and River Forest Rd. in Evansdale. A neighborhood advocacy group was formed for the Kimball Ave. project, which worked with city staff to integrate bicycle and pedestrian components into the design. The River Forest Rd. project has an advisory committee that is meeting to look at the design of the road from a complete streets viewpoint. These types of committees are expected to become commonplace for MPO projects. Cedar Falls Bicycle/Pedestrian Advisory Committee The City of Cedar Falls initiated a Bike Task Force several years ago, with the mission of expanding upon the existing recreational trail system and, based on best practices, developing a plan to encourage and facilitate utilitarian bicycling in Cedar Falls and to work with stakeholders to maximize its effective implementation. The Cedar Falls Bicycle Plan was adopted in 2009, and recommends development of a bikeway network via a system of bike lanes, shared lane markings, and wayfinding signs. The Cedar Falls Bicycle Plan was one of the elements that helped the city achieve a Bicycle Friendly Community bronze - level designation from the League of American Bicyclists. The Task Force has been comprised of several entities, including Cedar Falls council members, police, and staff, the Cedar Trails Partnership, Cedar Valley Cyclists, the Iowa Bicycle Coalition, the Cedar Falls Tourism and Visitors Bureau, INRCOG, local neighborhood associations, and other interested bike groups and riders. The Task Force intends to continue to accomplish its goals through a combination of the "5 Es": education, engineering, encouragement, enforcement, and evaluation. Recently, the Task Force has 2040 Long Range Transportation Plan 91 expanded to include a pedestrian element as well, and will be taking more of an active living approach to non -motorized planning in Cedar Falls. The efforts of the Task Force will continue to be integrated into the MPO's planning efforts. IA 58 Bicycle/Pedestrian Study At the time of the last LRTP update, the IA 58 Bicycle/Pedestrian Study had been recently completed. The aim of the study was to evaluate bicycle and pedestrian issues along IA 58 in Cedar Falls at three main intersections: Greenhill Rd., Viking Rd., and Ridgeway Ave. This corridor has been a quickly growing area, with the Cedar Falls Industrial Park on the west and a developing commercial area on the east. While there have been off-road trails along portions of this corridor for some time, there were concerns about the locations of these trails and the safety of bicyclists and pedestrians crossing the busy intersections. Now, the results of that study have been implemented and improvements will be complete by the end of 2013. This includes construction of a tunnel under Greenhill Rd. just east of IA 58, and a bicycle/pedestrian bridge over IA 58 between Greenhill Rd. and Viking Rd. The trail system was realigned in this area to discourage trail users from crossing at the intersections and encourage them to utilize the grade -separated features. The IA 58 corridor is now in the NEPA and design process to transition it to a fully access -controlled highway, and bicyclists and pedestrians moving through and across the corridor will remain an important consideration. Top: Construction wrapping up on the Cedar Falls Mayors Pedestrian Bridge over IA 58 in October, 2013, looking north Bottom: Trail underpass at Greenhill Rd., looking south 2040 Long Range Transportation Plan Pedestrian Accommodations The provision of pedestrian accommodations has been an area of growing interest for the MPO. In the past, pedestrian accommodations were often seen as an issue for local jurisdictions, as stand-alone sidewalk projects were not eligible for federal aid. Also, jurisdictions have varying policies regarding the installation and maintenance of sidewalks. While walking has always been considered a viable and important mode of transportation, there has not been a great deal of MPO -level planning with regard to it previously. SAFETEA-LU brought about a renewed focus on pedestrian issues, primarily through the Safe Routes to School (SRTS) program, which was aimed at helping to increase the number of children walking and bicycling to school. Sidewalks, crossing improvements, and other projects involving pedestrians were common SRTS initiatives. SRTS has remained a popular initiative even though MAP -21 eliminated it as a specific, stand-alone program. An additional effort that has been able to follow-up on the success of SRTS is the Iowa Department of Public Health's I -WALK Initiative. Safe Routes to School and I -WALK Safe Routes to School is an effort to promote children safely walking and bicycling to school through the "5 Es": engineering, education, enforcement, encouragement, and evaluation. Programs funded under SAFETEA-LU provided for a variety of initiatives. Types of infrastructure grants included sidewalk infill, traffic calming and speed reduction improvements, pedestrian and bicycle crossing improvements, on - road and off-road bicycle/pedestrian improvements, bicycle parking facilities, and traffic diversion improvements. Types of non -infrastructure grants included items such as the development of SRTS studies or plans, production of educational or promotional materials, and SRTS training workshops. While MAP -21 eliminated SRTS as a stand-alone program, SRTS projects are still eligible under the Transportation Alternatives Program. In 2008, INRCOG was awarded a Safe Routes to School (SRTS) grant from the Iowa Department of Transportation. The purpose of the grant was to facilitate a study of adequacies and deficiencies related to walking and bicycling to school for all elementary and middle/junior high schools in the metropolitan area. INRCOG hired a local consulting firm, AECOM, to conduct the study. The study reviewed conditions around all K-8 schools in the Cedar Falls, Hudson, and Waterloo school districts, as well as parochial schools in the area. Walking and bicycling conditions were evaluated, as well as issues such as drop- off/pick-up congestion and parking lot configurations. Where appropriate, recommendations for infrastructure projects were made, and cost estimates were given. A separate portion of the study involved an education and encouragement component aimed at working with three target schools to implement strategies to increase the number of children walking and bicycling to school. The report includes a case study from Kingsley Elementary, where the PTO developed a walking school bus program. The desired outcome of the study was to utilize it to make infrastructure improvements that encourage children to safely walk and bicycle to school, as well as to provide information to schools to assist in efforts to encourage safe walking and bicycling practices. 2040 Long Range Transportation Plan 93 A number of SRTS grants have been awarded to cities in the MPO to implement projects based on the SRTS Study. These have included: • In 2010, Waterloo was awarded $154,620 for sidewalk and intersection improvements near Lincoln Elementary School. • In 2010, Cedar Falls was awarded $76,450 for constructing a sidewalk along Rownd St. and implementing crossing improvements on Hawthorne Dr. near Cedar Heights Elementary School. • In 2011, Cedar Falls received $63,570 to construct sidewalks on Angie Dr., 3rd St., and Crescent Dr. to benefit Hansen Elementary School and Holmes Junior High School. • In 2011, Evansdale was awarded $84,220 to construct a sidewalk along Grand Blvd. from Gilbert Dr. to Central Ave. to benefit students of Poyner Elementary School and Bunger Middle School. • In 2012, Waterloo was awarded $92,000 to implement a stoplight at the intersection of W. 5th St. and Baltimore St. to better control traffic flow near Irving Elementary School. • In 2012, Waterloo was awarded $65,000 to provide sidewalk infill and crossing improvements in the Mobile St. corridor near Cunningham Elementary School. New sidewalk and school crossing near Lincoln Elementary School in Waterloo, constructed as part of an SRTS project Additional projects at other schools were identified in the SRTS Study, and are expected to continue to be implemented over time. In addition to SRTS, the I -WALK Program has been implemented at some schools throughout the metropolitan area. I -WALK stands for Iowans Walking Assessment Logistics Kit, and is an effort by the Iowa Department of Public Health and Iowa State University Extension and Outreach. I -WALK utilizes GPS and mapping technologies to identify barriers to walking or bicycling to school (or other destinations) and helps identify solutions to improve the pedestrian environment. I -WALK assessments have been performed for Cunningham Elementary School in Waterloo and Lincoln Elementary School in Cedar Falls. An I -WALK assessment for older adults was also completed in Cedar Falls. The remaining elementary schools in Cedar Falls will be completing the I -WALK assessment in the near future, which INRCOG is helping to coordinate. Pedestrian Master Plan In 2013, INRCOG committed to developing a Pedestrian Master Plan (PMP) for the MPO. The PMP, expected to take one to two years to develop, will involve an intense planning process focusing on origins, destinations, routes, infrastructure, policies, funding, and implementation, with an aim to chart a course to improve the pedestrian environment throughout the MPO. The PMP will likely become an addendum to this long range plan. 2040 Long Range Transportation Plan 94 While detailed pedestrian planning will be left to the PMP, several pedestrian issues have been discussed by the Bicycle/Pedestrian Focus Group during development of this plan: • Many of the destinations discussed later in this chapter for bicyclists are also the primary destinations to consider for pedestrian improvements. These include K-12 schools, colleges, downtown areas, commercial areas, business parks, and large employers. • SRTS and I -WALK projects should continue to be implemented. These efforts can enhance the understanding of the local walking environment and can include improved infrastructure around schools, as well as education/encouragement efforts. • Design standards for sidewalks can result in stand-alone sidewalk projects being expensive and cumbersome. While sidewalks and pedestrian facilities should always be a consideration during road reconstruction projects, small sidewalk -only projects are not an efficient use of federal funding. • From the perspective of the MPO, sidewalks and crossing improvements on federally classified roads are a priority. As it is far easier to construct pedestrian facilities at the time a road is reconstructed rather than to retrofit it later, jurisdictions should strongly consider pedestrian accommodations in all road reconstruction projects. • Priority sidewalk projects include filling in gaps in the sidewalk network along busier roads, in commercial/business areas, and near schools. ■ Priority crossing improvement projects include providing safe passage across the MPO's arterial and collector roadways. 2040 Long Range Transportation Plan 95 Trail System The MPO has one of the best hard -surfaced trail systems in the Midwest. With well over 100 miles of trails connecting recreation areas with downtowns and destinations, and offering numerous trail loops and types of surroundings, the trail system is one of the area's best features. In a way, trails bridge the gap between pedestrians and bicyclists, as they are a type of infrastructure that can be used by both. While the MPO is shifting away from the trail mindset specifically for bicyclists who ride for transportation, and not necessarily recreation, trails are still an important part of the MPO's planning efforts. Recent road reconstruction projects have often included a separated trail rather than an on -road bicycle accommodation, likely because trails serve both pedestrian and bicyclists and are the type of accommodation that is familiar in the area. While this plan focuses more heavily on accommodating bicycles on roadways, it is still important to review the existing trail system and understand the recreation and transportation value it provides. Walkers along the recreational trail at Prairie Lakes Park in Cedar Falls Existing Trail System The current trail network is shown on Map 5.1. The majority of trails are separated facilities, connecting parks and other outdoor venues. Several trails form loops of varying lengths and character, as detailed on the area's Cedar Valley Trails and Recreation Guide. There are also trails along roadway alignments in several areas, such as Greenhill Rd., U.S. 63, and Shaulis Rd. Most trails are ten feet in width. A normal design includes a two -foot grass shoulder, which serves as the required clear zone for signage and other obstacles. The majority of trails are hard -surfaced with concrete or asphalt. Due to funding constraints, some trails are granular limestone products or recycled asphalt. Because granular trails are less user- friendly, and cannot be used for some recreation activities such as in-line skating, the MPO supports hard - surfacing granular trails when funding is available. American Discovery Trail The American Discovery Trail (ADT), a nationally significant trail, transverses the MPO. The ADT stretches for over 6,800 miles across 15 states and is the only coast-to-coast non -motorized trail. The route of the ADT is shown on Map 5.2, and includes a dual alignment on both sides of the Cedar River. The final segments of the ADT in the metropolitan area were implemented in the past few years, and the ADT encompasses nearly 40 miles of trail within the metropolitan area. The northernmost point of the ADT is in George Wyth Memorial State Park. 2040 Long Range Transportation Plan 96 uell a6uea 6uoi 0 J no N s ■ ■ ■ ■ ■ SWIM ■ ■■■■■■ ■ • ■ • ■ ■ 1■ a;I Cedar Falls I I -• ■ i ■ I• ■ N ■ • • ■ • • • i • _----•— ■ ■ _7 • r- • �--� • ■ ■■r edar /. Tr I ■ i • ■ i ■ i • ---, ■ -----------, ■ ._ ■ Waterloo ■ ...Cr. '1 ■ m' _ ■ • 1 Elk • • Run J ■■■■■■■ �•'�I Heights ■ L. Raymond ■ • Evansdale j —•, '"'.., j ■ r ■ iiTSY,() ■ ■ ■ • 1-dbe▪ tville ■ ■ i ■ moi■ • ■ ■■■+ ■ I._,Hudson ■ • ■ i ■ , ss ■ I • i • • qui 7 ■ ■ ■ MENU 41' A, ■ .' ■ • 1 • • ■ N ■ ■■■■• 0 0.5 1 2 4 Miles Map 5.2 Black Hawk County Metropolitan Area Path of the American Discovery Trail through the MPO American Discovery Trail --_.— i City Boundary ■■■■ • ■ ■ ■; MPO Study Area 2040 Long Range Transportation Plan © (Nov. 2013) Iowa Northland Regional Council of Governments Please call 319-235-0311 to obtain permission for use. INRCOG 98 Trail Use Due to the large investment of time and dollars in the metropolitan area's trail system, it is important to quantify the use occurring on it. To achieve this, INRCOG, with the assistance of many individuals and organizations, has facilitated user counts of the trail system from 1996-2000, in 2004, and in 2009. Another count is planned for 2014. In addition to the trail count data, a user survey was performed in 2000. The results of the initial counts and survey are available in the December, 2001 document prepared by INRCOG entitled Trail Use in the Cedar Valley and are summarized below. The data from 2004 has not been included in the analysis because data collection that year was focused mainly on the weekend and is not comparable to the full weeks of data from the previous years. However, the data that was collected in 2004 reaffirmed the conclusions reached in the earlier data. The 2009 trail counts largely reflected continuing trends from the earlier counts. The purpose of the trail counts was to gain a better understanding of the amount and type of use occurring on the trail system. The method of conducting the trail counts included the following: • Modes counted included adult bicyclist, child bicyclist, walking/running, and in-line skating. • The trail count was taken between the second and fourth week of June each year. • The duration of the count was one week. • Five locations were counted every year after 1997; an additional five locations were added to the 2009 count. Count locations are viewable on Map 5.3. • All possible turning movements at each location were counted. • Data reflects the number of trips, not necessarily the number of users. • Time of day was broken into four segments. • Weather conditions were noted. • The trail counts were not tested for statistical significance; therefore the observed trends and underlying assumptions are not statistically based. The trail counts have resulted in a clear overview of trail use in the MPO and have served to help justify continued investment in the trail system. In the future, further counts will be taken to observe trends over time and the impacts of new trails on the system. The following conclusions summarize the results of the ongoing trail counts: • Trail use remains consistently high. • Modal use is relatively constant for each year; however, modal use varies by location. • The number of trail users varies by location, with the highest concentration of use associated with established and connected park sites. • The addition of new trail facilities can result in a change of trip patterns. • The peak day for use remains consistent, with major fluctuations attributable to weather conditions. • The peak time period for use remains unchanged. While five locations were added in the 2009 counts, the number of trail users counted remained relatively static with previous years. This may suggest that usage on the trail system has diffused over the years as more trails have been added and additional connections have been made. 2040 Long Range Transportation Plan 99 ■■■■ ■ ■ � ■■■■■ ■ • ■ ■ ■ ■ 1 i,■ 1.,,—......•—•••••••••••••.." • I • ■ • ! • Cedar Falls . ■ ■ R■■ 0 ..J ■ L, ■ ■ • ■ ■ ■ • ■ ■ ■ ■ ■ ■■a ■ ■ ■ ■ ■ ■ ■ W. ■ ■a II —..~ ■ ! ■ ! ■ ■ I■ i ■ i.._.._.., ■ • Waterloo r- • .....1.•7 ■ so4—; ■ ■ r' ■ i• + Elk• i Run i Heights mm Raymond 4-1,00,7.._.._.._..1 ■ Evansdale et `••.. ■ 'I ■ ♦ r•I r.i ,. •. ._. . • • ■ w., ■ ■ ■ ■ ,h,, r • La ■ ■ ■ j ■ • 58 0J i•. Hudson ■ !• ■ I ■ ■ { i..q 1 ■ 2 ■ r, ■ d 7 ■ a ■ ■ • 0 0.5 1 2 Gilbertville ti ■ ■ • .., ■ 4 Miles ■ ■ ■ ■ ■ Existing Trail Existing Paved Shoulder Programmed Trail Trail Count Location City Boundary ■■■■ • ■ ■ ■• MPO Study Area 2040 Long Range Transportation Plan ■ Trail Count Location #10 Cedar Valley Nature Trail @ McFarlane Park Map 5.3 Black Hawk County Metropolitan Area Trail Count Locations © (Nov. 2013) Iowa Northland Regional Council of Governments Please call 319-235-0311 to obtain permission for use. nazcoG 100 A challenge for future trail counts is to shift from a focus solely on trails to also counting bicyclists using on -road facilities. It will be important to determine the best way to collect such data, whether it is through manual counts like the past trail counts, or through some type of technological means, such as sensors or cameras. Soft Trails In addition to the large network of hard -surfaced trails, the MPO is home to a network of soft trails that provide hiking and bicycling opportunities. There are over 40 miles of soft trails throughout the metropolitan area, with the heaviest concentrations occurring at George Wyth Memorial State Park, Hartman Reserve, Ulrich Park, and throughout the Katoski Greenbelt along Black Hawk Creek. The Cedar Valley Association for Soft Trails (CVAST) is a local group dedicated to promoting, maintaining, and creating sustainable soft trails in the area, and maintains the trails at George Wyth and Hartman Reserve. The group has established land management agreements with the Iowa DNR and Black Hawk County, and has begun to link areas together while modifying and eliminating user conflicts to increase the overall enjoyment of the soft trail system. A variety of events are held throughout the year to encourage people to explore and enjoy the soft trails in the metropolitan area. Soft trail in George Wyth Memorial State Park Water Trails While not often used solely as a form of transportation, water trails are important as a recreation feature, and add to the quality of life of the area. The MPO has one completed water trail, two water trails currently being implemented, and several potential future water trail connections, as described below (see Map 5.4). There are several components that may be included as part of water trails. These include: • Access points where canoeists and kayakers can enter and leave the water. • Signage to direct users to the access points and water trail. • Signage to designate the trail and features along it. • Portages around shallow water areas or features such as dams. The Cedar Valley Paddlers Trail is a completed water trail loop that covers 10 miles (8.4 water trail and 1.6 portage) over the Cedar River and lakes in both state and county recreation areas. George Wyth Memorial State Park, located on the northeast side of the Cedar River, contains four lakes ranging in size from 40 to 120 acres. Hartman Reserve Nature Center, a Black Hawk County Conservation Board entity, is located on the southwest side of the Cedar River, with two lakes. This trail received an Iowa Water Trails grant from the Iowa Department of Natural Resources. The 44 -mile Cedar River Water Trail is currently being implemented through Black Hawk County. The water trail will be adjacent to numerous parks and recreation areas, as well as recreational trails. 2040 Long Range Transportation Plan Cedar Falls Waterloo LJ- Elk • r 1 Run memsna • Heights — — ,,Raymond Evansdale ; '� `\ MSS MN 115 Et Existing Water Trail —.a Water Trail Under Development Potential Water Trail Potential Whitewater Course �•_••_•I City Boundary ■■■■ • �; MPO Study Area 2040 Long Range Transportation Plan Map 5.4 Black Hawk County Metropolitan Area Existing and Potential Water Trails © (Nov. 2013) Iowa Northland Regional Council of Governments Please call 319-235-0311 to obtain permission for use. PIRGGG 102 The implementation of this trail includes signage, informational kiosks at access points, and safety improvements, including portages around dams. A Federal Recreational Trails Program grant was awarded by the Iowa DOT for the project, and a Low -Head Dam Safety Grant was also awarded for the portages around the dams in Waterloo. Though not currently funded, whitewater courses have been proposed for future implementation on the Cedar River, including one near Gateway Park in Cedar Falls, and one in downtown Waterloo. Downtown riverfront along the Cedar River in Waterloo The Black Hawk Creek Water Trail is also currently being implemented. This trail begins in Grundy County, enters the MPO near Hudson, and travels northeast through a greenbelt into Waterloo, eventually joining the Cedar River. An Iowa Water Trails grant was received for this water trail, including funding for signage and access improvements near Ranchero Rd. and Fletcher Ave. Several other water trail connections have been proposed for future implementation. These are: Kayakers on Black Hawk Creek near Hudson • The Beaver Creek Water Trail, which would run from New Hartford, in Butler County, to Black Hawk Park, just north of Cedar Falls. • The Dry Run Creek Water Trail, which would begin at Jennings Dr. on the University of Northern Iowa campus and continue to Pfeiffer Park in Cedar Falls, where it would connect to the Cedar Valley Paddler's Trail. • A connector water trail, which would link Big Woods Lake in Cedar Falls with the Cedar River Water Trail. 2040 Long Range Transportation Plan 103 Prairie Pathways Prairie Pathways is an interpretive signage project along the MPO's trail system that was completed in the past couple years. Dozens of interpretive panels and kiosks are located throughout the trail system. The objective of Prairie Pathways is to encourage trail visitors to learn about the region's heritage and enhance the community and trail network. The themes of the panels focus on three main areas. The Cedar Valley themes present the natural, historical, and human context for the growth of communities in the region. The Town Life themes consist of the experience of living in urban areas, contrasting with the rural areas that dominate the landscape of Iowa. The Growing Prosperity themes present the stories of industry, which has been a contributing source of growth for urban communities in the Cedar Valley. Maps of the trail system are also integrated into interpretive panels and kiosks at selected locations to assist trail users in navigating the trail system. Prairie Pathways kiosk on the W. 46 St. plaza in downtown Waterloo Cedar Valley Trails 911 Signs Project For the convenience and safety of trail users, the 911 Signs Project was developed to assist emergency response officials to more quickly and accurately locate persons in need of assistance on the recreational trails system. A map grid system was devised utilizing GIS software and local data, and can communicate location within one hundredth of a square mile. This system expanded on the previous system, the Trail Emergency Access System (TEAS). The 911 Signs Project was implemented in 2005. The main objective of the project was to develop a meaningful location identification code that was consistent across jurisdictions and could be easily utilized by persons in need of emergency assistance. Multiple local agencies met to determine what elements to incorporate into the system. It was decided to use a number -letter -number format with a maximum of five characters to designate locations, as this would be easier to remember than an entirely numerical system. A grid was devised by breaking Black Hawk County into one tenth of a square mile blocks. This enabled the creation of a unique 2040 Long Range Transportation Plan Trail 911 sign along the Martin Luther King Jr. Dr. Trail in Waterloo identifier for each area of 528 feet by 528 feet, or approximately 6.4 acres. Once the identifier system was determined, a new 911 sign was designed. Signs are generally attached to existing features, such as benches or other signs, and can be horizontal, vertical, or square. INRCOG conducted a GPS trail survey to capture location and attribute information for each trail feature. This served both to determine the best locations for signs, and also as an asset management exercise, as the condition of all features was recorded. The 911 sign grid was integrated into the Black Hawk Consolidated Public Safety Dispatch Center's dispatch system, which enables 911 dispatchers to reference the location communicated by a trail user to guide emergency responders to the site. Education efforts on utilizing the trails safely should include a component on how to utilize the 911 Signs when in need of assistance. Black Hawk County is currently considering adopting the United States National Grid system, which provides a standardized, nationally consistent grid reference system for locating places. It is possible this system could become the standard across the county and throughout parks and trails of all types, which could result in a phasing out of the TEAS. 2040 Long Range Transportation Plan 105 Bicycle Accommodations Residents of the MPO are fortunate to have access to one of the finest networks of multi -use trail facilities in the Midwest. The planning process, funding, and dedication that have gone into constructing the current system have been extensive. The vision first set out decades ago of a multi -use trail system connecting recreation areas has largely been realized. While a few trails remain to be constructed, the majority of the recreation system is now complete. Due to this, as well as an emphasis on providing the most appropriate accommodations for bicyclists and pedestrians on any given road, the MPO has shifted its focus from planning additional trails to a Bicycle Accommodation Plan, which lays out a vision of bicycle facilities throughout the MPO, including all jurisdictions — Waterloo, Cedar Falls, Evansdale, Hudson, Elk Run Heights, Raymond, Gilbertville, and portions of Black Hawk County. While this vision does include off- road trails, it focuses more on creating a network of on -road bicycle facilities and shared lanes that would greatly enhance the bicycling environment of the MPO. Bicycle lane along Center St. in Cedar Falls Bicyclist Skill Levels An important consideration in the design and location of bicycle accommodations is the varying skill level of bicyclists. The metropolitan area's system of bicycle and pedestrian facilities, including off-road trails and on -road accommodations, should continue to be designed for all users to the extent possible. The skill level and preferences of bicycle riders can vary greatly. Riders who use bicycles to commute to work are likely comfortable on the majority of roads, including those without designated bicycle facilities. However, the casual user may be uncomfortable on routes that do not include separate bicycle designations, and younger children are likely best suited by facilities that are separate from the road. AASHTO's 2012 Guide for the Development of Bicycle Facilities discusses types of bicyclists by dividing them into two main categories: • Experienced/Confident Riders: Most are comfortable riding with vehicles on street, prefer a more direct route, avoid riding on sidewalks, may ride up to 25 mph, and may cycle longer distances. • Casual/Less Confident Riders: Prefer on or off-road designated bicycle facilities, may avoid busier streets, may ride on sidewalks, may ride around 8-12 mph, and may cycle shorter distances. The City of Portland, Oregon, has also developed a bicycle classification system based on its experience. It divides the population into the following four types of cyclists: • <1%: Strong & Fearless • 7%: Enthused & Confident • 60%: Interested but Concerned • 33%: No Way No How 2040 Long Range Transportation Plan 106 The City of Portland does recognize that in reality there is more of a continuum between the various categories, but feels its classification holds true overall for its population. This classification seems to be relevant for the MPO, as there is a small but enthusiastic group of cyclists that advocates strongly for on - road accommodations. A larger portion of local bicycle users tend to have varying feelings about on -road accommodations, depending upon the characteristics of the roadway. Types of Bicycling Facilities There are several types of bicycle facilities that can accommodate various types of bicyclists and purposes of bicycling trips. While the metropolitan system currently features predominately off-road trails, other types of accommodation will likely become more common in the future. All types of accommodation should be considered in the effort to provide the area with the best possible system of bicycle and pedestrian accommodations. The most common types of bicycle facilities are: • Shared roadway (no separate bicycle facility or signage): Most minor residential streets would qualify as shared roadways, as they have small amounts of low -speed traffic and therefore do not need any bicycle designations or accommodations. • Signed/marked shared roadway: These roads can be designated by bike route signs and/or pavement markings such as sharrows, generally either to provide continuity with other bicycle facilities (such as bike lanes), or to designate preferred routes through high -demand corridors. • Paved shoulders: These are primarily implemented in rural areas, often on state and local highways. Paved shoulders provide a separated space for bicyclists, similar to bicycle lanes. A minimum of 4 feet is recommended. • Bicycle lanes: Bicycle lanes are established by pavement markings and signage along streets where there is significant bicycle demand and the necessary street conditions to accommodate bike lanes. A minimum of 5 feet is recommended. Bicycle lanes can also be protected or buffered from traffic by adding a painted or landscaped space between the bike and vehicular travel lanes. • Shared use path: These are generally referred to as trails or off- road accommodations. Shared use paths often serve corridors not served by roads, or where wide right-of-way exists next to the roadway, permitting their construction parallel to the road. There are many factors to consider when determining the best type of accommodation for a particular road, including traffic volume and speed, lane widths, parking, and so on. Many streets, especially low-volume residential ones, are safe for bicycling without any modifications. The MPO recommends using AASHTO's 2012 Guide for the Development of Bicycle Facilities or NACTO's Urban Bikeway Design Guide for design standards for various types of bicycle facilities. From top to bottom: 1. Sharrows on Seerley Blvd. in Cedar Falls 2. Bike lanes on Clay St. in Cedar Falls 3. Shared use path/trail on Shaulis Rd. in Waterloo 2040 Long Range Transportation Plan 107 Cost of Bicycle Facilities The cost of different types of bicycle accommodations can vary widely. Shared lane signage is estimated to be $250 per sign; bike lane signage would likely be slightly less. With one sign each direction per block, that would equal $8,000 per mile. The cost of painting a sharrow with high durability paint that will last up to five years is estimated at $400, which would equal almost $13,000 per mile. The cost of bicycle lanes will vary widely depending upon the road. It would be a relatively minor expense to paint a bike lane on a road that has adequate width. However, constructing new bike lanes along roads is estimated to range from $440,000 per mile for rural paved shoulders to $650,000 for urban bike lanes in areas with many intakes and driveways. Due to the wide variations in cost, and the fact that the type of complete street elements included in any individual project typically will not be determined until it is under design, on -road, shared lane, sidewalk, and other types of accommodations are often not individually programmed. Rather, these elements are usually part of larger roadway projects. Bicycle Accommodation Plan The MPO has chosen to focus its Bicycle Accommodation Plan (BAP; see Map 5.5) on three types of bicycle facilities: hard -surfaced trails, on -road accommodations (such as bike lanes), and shared lane accommodations (such as signage or sharrows). Most future trails shown on the plan are not along roadways, but rather are connecting existing trail segments or recreation areas. On -road accommodations were primarily targeted towards roads that had a higher functional classification (minor arterial or above), speed limits of 30 mph or above, and traffic of 5,000 vehicles per day or above. These are also typically the roads with more destinations that need to be connected for the bicycling system. Shared lane accommodations are targeted towards lower classified roads that still have higher traffic volumes or speeds, or are important for connectivity of the system. The Bicycle Accommodation Plan was created by focusing on a number of goals, including: • Having a bicycle accommodation within a half -mile of the majority of MPO residents and businesses. • Connecting major destination areas, including downtowns, major commercial/retail areas, business parks, and colleges • Connecting to public and private elementary, middle, and high schools • Connecting to employers with 50 or more employees The aim is that when bicyclists leave their neighborhood, they are able to utilize a system of on -road or shared lane accommodations for the majority of their journey. Full implementation of the BAP would help achieve this by resulting in a bicycle network of close to 400 miles of accommodations, as shown on Table 5.3. Table 5.3: Existing and Planned Mileage of Bicycle Accommodations, as of Sept. 2013 Multi -Use Trail Bike Lane or Paved Shoulder 11.5 145.7 Sharrow or Signed Route 3.9 79.0 *Planned trail miles include 9.0 miles of trails programmed for funding in the next four years. Existing Miles 117.0 Planned Miles in Bicycle Accommodation Plan 22 0* 2040 Long Range Transportation Plan 108 aodsueji a6ueb 6uoi p Applying the Bicycle Accommodation Plan Implementation The BAP is a vision plan. It has been created with the understanding that what type of accommodation any particular road ultimately receives will be a decision of each jurisdiction. While the MPO has the responsibility of creating the plan, accountability for implementing that vision will be the responsibility of each individual city. It is anticipated that the complete street policies discussed earlier will be one of the methods through which cities evaluate and implement these elements. The timing of various accommodations and projects will depend upon the cost and amount of work required to create them. For example, adding signage, sharrows, or bike lanes when the pavement is already wide enough and only requires restriping are projects that can be undertaken in the near future. However, if adding bike lanes to a road would require widening the road and constructing them, that type of project would likely only be undertaken along with a major reconstruction project. Development of a Bike Master Plan is strongly encouraged as part of the Blue Zones initiative. The City of Cedar Falls is utilizing their 2009 Bicycle Plan for this, and the City of Waterloo will be utilizing this document as their Bike Master Plan. It is anticipated that the City will adopt the Bicycle Accommodation Plan (Map 5.5) as an addendum to their current Comprehensive Plan. Projects identified in this document, as well as those identified for programming in the next four years in the Transportation Improvement Program, will be added to the City's Capital Improvement Program as they move forward, with the City generally responsible for at least 20% of the project's cost. The Complete Streets Policy adopted by Waterloo in June, 2013, will help ensure that the design of road construction and reconstruction projects considers bicyclists (see the Appendix for Waterloo and Cedar Falls' Complete Streets Policies). Accountability for implementing the concepts and projects discussed in this plan will be shared across several entities within the City. This includes the Complete Streets Advisory Committee, which will help identify ways to implement the Complete Streets Policy and concepts for bicycle accommodations for road projects; the Planning Department, which will also help identify concepts and initial design ideas; the Engineering Department, which will translate ideas and concepts into detailed designs and help determine the feasibility of project elements; and ultimately, the City Council, which will have the final say on the design of road projects and what bicycle accommodations are included. Funding Projects & Fiscal Constraint To help show the fiscal reality of implementing the BAP, the MPO has undergone a fiscal constraint exercise that reviews currently programmed projects and estimates future funding availability and project costs. The aim of this is to show what funding is currently programmed towards projects in the BAP, as well as the future potential revenues that could go towards implementing additional elements of the BAP. MPO Programming Process One the main tools the MPO has to implement bicycle -related projects is the federal funding that it receives to program for projects. Prior to MAP -21's approval in 2012, the MPO had been operating under 2040 Long Range Transportation Plan 110 the previous federal transportation legislation, the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU). The approval of MAP -21 resulted in the consolidation and elimination of a number of federal aid programs, as well as an increased emphasis on asset management and performance measures. At the MPO level, programming for the Surface Transportation Program (STP — see Chapter 3) remained relatively unchanged. However, the Transportation Enhancement Program, which had funded projects such as trails and scenic and historic transportation improvements, changed significantly. Funding for these types of projects is now available through the Transportation Alternatives Program (TAP). In addition to the switch from Enhancement to TAP, one of the decisions the Iowa DOT Commission made was to no longer have statewide competitive grant programs for Safe Routes to Schools, Enhancements, or Scenic Byways. Rather than continue statewide programs, this funding is also being distributed as TAP funds to metropolitan and regional planning agencies for programming. Additionally, the Commission chose to allow MPOs and RPAs to have flexibility with this funding, meaning that it can be utilized for TAP -eligible projects and/or STP eligible projects. This particular allocation of TAP funding is being called TAP Flex. The Commission did hold back a portion of TAP funding for statewide projects, and there are still statewide grant programs for Federal Recreational Trails and the Iowa Clean Air Attainment Program. The MPO Policy Board voted to allocate all TAP Flex funding to the TAP Program in its FY 2014-2017 Transportation Improvement Program, and this plan assumes they will continue to do so in the future. The MPO also has a recent history of programming STP funds for trail and enhancement projects. While that may well continue into the future, this plan does not make the assumption that it will. Currently Programmed Projects Fiscal years 2014-2017 are already programmed via the area's Transportation Improvement Program (TIP). Bicycle/pedestrian-related projects included in the TIP are shown on Table 5.4, including statewide grant awards that were received prior to the MAP -21 changes. Table 5.4: Bicycle/Pedestrian Projects Programmed in FY 2014-2017 Project Funding Fiscal Total Cost Federal Source Year Aid Levee Trail parallel to River Forest Rd. from Lafayette Rd. to Gilbert Dr. in Evansdale Shaulis Rd. Trail from IA 21 to Isle of Capri Blvd. in Waterloo MPO TAP Esther St. Sidewalk from Logan Ave. to Sherman Ave. in Wat. Traffic Si. nal at Intersection of W. 5th St. and Baltimore St. in Wat. Sidewalk Infill in the Vicinity of Cunningham Elementary Schools Hudson Rd. Trail from W. 1st St. to W. 12th St. in Cedar Falls 2014 $386,000 $308,000 MPO TAP 2014 $1,108,000 $352,000 MPO TAP 2014 $75,000 $60,000 Statewide SRTS 2014 $120,000 $92,000 Statewide SRTS 2014 $69,000 $65,000 MPO TAP 2015 $460,000 $368,000 U.S. 63 from U.S. 218 to the Cedar River and Commercial St. and Jefferson St. between the one-way pairs of U.S. 63* Statewide 2015 $681,000 $477,000 Enhancement Cedar Valley Nature Trail Bridge E4 Replacement, 3.9 miles south of the Evansdale Trail Head Center St. Trail from Cottage Row Rd. to Lone Tree Rd. Cedar Valley Lakes Trail Bridge Reconstruction between Brinker Lake and the Cedar River Source: MPO FY 2014-2017 Transportation Improvement Program *Per agreement with Iowa DOT Office of Systems Planning, project was delayed to coincide with road reconstruction MPO TAP 2016 $155,000 $124,000 MPO TAP 2016 $450,000 $154,000 MPO TAP 2017 $600,000 $382,000 2040 Long Range Transportation Plan 111 Transportation Alternatives State Trail Timeframe Pro. ram Grants 2014-2017 2018-2020 $900,000 Current road projects programmed with STP funds in the TIP are also anticipated to include bicycle and/or pedestrian elements. The exact types of accommodations these projects include will be determined as they are under design. These projects include: • River Forest Rd. from Lafayette Rd. to Central Ave. in Evansdale in FY 2014 • Kimball Ave. from south of Tower Park Dr. to Acadia St. in Waterloo in FY 2014 • U.S. 63 from Newell St. to Jefferson St. in Waterloo in FY 2015 and 2016 • IA 57/W. 15t St. from Hudson Rd. to Franklin St. in Cedar Falls in FY 2015 • Greenhill Rd. from Hudson Rd. to W. 27th St. in Cedar Falls in FY 2016 • Lafayette Rd. from 0.25 miles east of Dubuque Rd. (west) to Dubuque Rd. (east) in Raymond in FY 2017 Projected Revenues Table 5.5 shows revenue projections for anticipated state and federal funding sources that could go towards implementing bicycle and pedestrian accommodations. The funding history that these projections are based on is further detailed in Chapter 9. Three types of funding are considered for MPO projects: • Transportation Alternatives Program (TAP) funding, which the MPO currently receives an allocation of each year. TAP funding must go to bicycle, pedestrian, scenic, historic, or other enhancement -type transportation projects. The MPO's current TAP target of $300,000 per year was held constant throughout the plan horizon. • State trail grants, including the State Recreational Trails (SRT) program and the Resource Enhancement and Protection (REAP) Program. These are competitive grant programs that award funds annually. These funds are only being targeted towards new trail construction projects that would be expected to be competitive applications. These programs are not expected to fund sidewalks or on -road bicycle accommodations. The funding level potentially available was based on the annual average of these grants received in the MPO during the last 10 years. • Complete street elements of road projects, funding for which is coming from the Surface Transportation Program (STP), which is another program where the MPO receives an annual allocation. The funding amounts are based on five percent of the estimated cost of the road projects, which are listed in Chapter 3. Five percent is considered a conservative estimate of the amount of a project's cost that will go towards bicycle and/or pedestrian elements, but until these projects move into the design phase it will be difficult to further quantify this estimate. Table 5.5: Anticipated Funding Available for Bicycle and Pedestrian Accommodations Complete Street Elements of Road Projects N/A — Already Programmed 2021-2030 $3,000,000 2031-2040 $3,000,000 $650,000 N/A - Already Programmed $390,000 $465,000 $1,300,000 $2,328,780 $1,300,000 $2,991,080 2040 Long Range Transportation Plan 112 Fiscal Constraint To demonstrate fiscal constraint, as shown on Table 5.6, the Bicycle/Pedestrian Focus Group prioritized the multi -use trail projects identified in the BAP, with the goal of reserving a funding balance in each year for other complete street elements, including on -road accommodations, shared lane accommodations, and sidewalks. Each trail's anticipated funding is divided among the categories discussed previously — possible state grants, funding as part of road projects, and TAP funding. It is anticipated that these elements will often be grouped together into larger projects or completed as part of road reconstruction projects, as the federal aid process is too cumbersome to develop small, stand-alone bicycle or pedestrian projects. Alternatively, it is always possible that cities will fund some of these smaller projects with local funding. Two trails are not included in the fiscal constraint analysis — the Viking Rd. Trail from Cedar Heights Dr. to Prairie Pkwy. in Cedar Falls, and the trail in the San Marnan Dr. corridor from Kimball Ave. to W. 4th St. in Waterloo. Both cities anticipate that these trails will be built by developers as development occurs in these corridors. Thus, federal funds are not anticipated to be needed to fund them. The summary of funding for complete streets elements during each time period is shown on Table 5.7. Trail grant funding is excluded from this table. The table is divided into the MPO's TAP allocation and the five percent estimate of road project funding, and for each category shows the amount anticipated to go towards trail projects, and the amount anticipated to be available for on -road or shared lane bicycle accommodations, pedestrian accommodations, or other complete street type elements. This table shows that there is expected to be a substantial balance available for bicycle and pedestrian accommodations, particularly on -road bicycle accommodations. 2040 Long Range Transportation Plan 113 Table 5.6: Fiscal Constraint of Planned Multi -Use Trails in Bicycle Accommodation Plan City Trail Project 2013 Cost Estimate Cost Estimate Inflated to Year of Expenditures Local Match (20% of cost)2 Funding from State Grants3 Funding from Road Project Budgets' Funding from TAP 2018-2020 Cedar Falls Cedar Heights Dr. from Greenhill Rd. to Viking Rd. Waterloo Shaulis Rd. Trail from Isle of Capri Blvd. to Cedar Valley Nature Trail $300,000 $372,000 $1,352,000 $1,676,480 $74,400 $0 $335,296 $750,000 $200,000 $0 Waterloo Trail Connection from Ridgeway $274,000 Ave. to Cedar Prairie Trail $339,760 $67,952 $248,000 $217,000 $374,184 $49,600 $71,808 2021-2030 Evansdale Waterloo Levee Trail from Gilbert Dr. to Lafayette Rd. Trail Connection from Donald St. Trail to MLK Jr. Trail $360,000 $1,536,000 $532,800 $106,560 $75,000 $0 $351,240 $2,273,280 $454,656 $200,000 $0 $1,618,624 2031-2040 Cedar Falls Waterloo Trail Connection from UNI to W. 12th St. Black Hawk Creek Levee Trail from om $520,000 $394,000 $977,600 $195,520 $150,000 $0 $632,080 $740,720 $148,144 $200,000 $0 $392,576 Illustrative Katoski Dr. to Ansborou.h Ave. I Waterloo Trail Connection from Trolley Trail $680,000 to Sergeant Rd. Trail Notes 1. Costs are inflated 4% per year to Year of Expenditure (YOE) for each timeframe YOE for 2018-2020 timeframe = 2019 YOE for 2021-2030 timeframe = 2025 YOE for 2031-2040 timeframe = 2035 2. A local match of 20% is assumed, which is typical for federal aid projects. A city may be able to match federal and state dollars and thus not have to provide this much local funding, or may be able to obtain other state or private funding for the match. 3. The $750,000 for the Shaulis Rd. Trail is anticipated to come from State Rec. Trails, which is reasonable as a similar award was made for a previous project stage. The remaining state grants shown are anticipated to come from REAP grants, and are targeted towards projects connecting natural resources. The funding level is based on each city's funding ceiling, which is based on population. 4. The Cedar Heights Dr. Trail and Shaulis Rd. Trail are the only two projects that are along roads. Both road projects are in the 2018-2020 timeframe (see Chapter 3). 2040 Long Range Transportation Plan 114 Table 5.7: Anticipated Funding Available for Bicycle and Pedestrian Accommodations Timeframe 2018-2020 2021-2030 2031-2040 Transportation Alternatives Program Trails (see Table Available for On -road, 5.6) Pedestrian, or other TAP - Eligible Projects $495,592 $404,408 Complete Street Elements of Road Projects Expected to be Trails' $465,000 Potentially available for on - road, pedestrian, or other elements' $1,969,864 $1,030,136 $1,024,656 $1,975,344 $0 $2,328,780 $1,966,424 *Note: the actual cost of complete street elements of road projects is estimated at 5% per project. The exact amount of funding and type of complete street elements to be constructed will not be known until the project is programmed for funding and under design. Tracking Progress Ways to measure the success of the BAP, or of implementing bicycle accommodations in general, include the measures listed below. These will be tracked over time as data is available and as measures are applicable. • Existing mileage of various accommodation types (multi -use trails, bike lanes, sharrows, signed bike routes, other) — measured utilizing INRCOG's GIS capabilities • Percent of the population within a half mile of each type of accommodation — measured utilizing INRCOG's GIS capabilities • Amount of MPO funded projects that is spent on each type of accommodation — to be tracked by INRCOG • Crashes involving bicyclists — measured using Iowa DOT crash software • Percent of trips made via bicycling — measured with American Community Survey data and local surveys • Usage of accommodations — measured with local counts • Ancillary health indicators, such as BMI levels — measured as available/applicable • Ancillary economic development indicators, such as retail activity and property values — measured as available/applicable The MPO plans to track these measurements by taking an annual snapshot of the system and tracking progress year to year. Usage will be the hardest item to measure. The MPO will be discussing how to add counts of on -road accommodations to its 2014 trail counts. As these counts have always been done manually, a future endeavor may be to invest in camera or sensor technology that could provide more accurate counts. Additionally, any time special counts are collected for road projects, the MPO will request that those counts also include pedestrians and bicyclists if possible. 2040 Long Range Transportation Plan 115 Ancillary Bicycle and Pedestrian Considerations Creating a complete and user-friendly system of bicycle and pedestrian accommodations involves more than sidewalks, trails, and on -road accommodations. To fully incorporate these modes into the metropolitan's transportation system, there are several other important elements to consider: • Sidewalk connections: Many areas in the metropolitan area have gaps in the sidewalk system. This is especially problematic along bus routes, as pedestrians can have difficulty reaching the transit stops. There are many benches along bus routes for people who are waiting to catch a bus, but there are many locations where these benches are in the middle of grass with no sidewalk connection. These locations need to be improved. In addition, sidewalks are lacking in some of the metropolitan area's commercial areas. While many of these improvements fall upon the local jurisdictions, the MPO has an interest in all areas of the metropolitan area being properly linked by sidewalks. This will be explored in depth in the upcoming Pedestrian Master Plan that the MPO will be developing. • New development and redevelopment connections: It is important to connect new developments and redevelopment areas to the existing trail system. The MPO supports and strongly encourages local jurisdictions to incorporate connections to the metropolitan trail system from future residential, commercial and industrial subdivisions and redevelopments. To ensure connectivity, this process should begin at the planning phase of new development or redevelopment and continue through its full implementation. This approach will provide for enhanced non -motorized access throughout the system. • Traffic signal design: Traffic signals are not always capable of responding to the presence of a cyclist. In areas where signals change due to the presence of vehicles, a bicyclist may have to wait an excessive amount of time for a green light, or cross on a red light. Where appropriate, new traffic signal detectors should be implemented to recognize the presence of cyclists, and cyclists should be educated on how to utilize detectors so the signal will change for them. Also, crossing lights for bicyclists/pedestrians and motorists should be examined, particularly on busy roadways, to ensure minimal points of conflict between road users. • System maintenance: While there are still trails to be built and on -road facilities to be designated or added, much of the existing system has been in place for many years. Maintenance of the existing system is becoming a critical issue, as many trails will require significant resurfacing or reconstruction efforts in the coming years. The MPO and local jurisdictions will need to work to ensure that the existing system is adequately maintained. • Bicycle parking: Bike racks, lockers, or some other form of bicycle parking must be provided throughout the metropolitan area. While providing the route to get to a destination is often the primary consideration, the bicyclist must have a place to secure their bike once there. Areas that should provide bicycle parking include all public buildings, parks, transit stops, and places near businesses and multi -unit residential dwellings. • Bicycle racks on transit buses: Bicycling and transit are two transportation modes that are often used on the same trip. Bicycle racks on buses increases the mobility of bicyclists as it enables them to travel across the metropolitan area. MET Transit has space for two bicycles on all its fixed route transit buses, and should continue to purchase buses with bike racks. • Showers/locker rooms: Bicycling to work would likely be more attractive to people if they were able to shower or freshen up and change in comfortable facilities. The cities can work on providing shower and changing areas in public buildings, and work with private employers to provide these facilities to encourage bicycling to work. 2040 Long Range Transportation Plan 116 Education Considering the extensive use on the recreational trails system coupled with a focus on developing on - road facilities for bicyclists, the MPO feels it is critical to reinforce the importance of educating the users of both systems. The education component of this plan is a two-pronged approach that addresses each system. As previously indicated, use on the recreational trail system continues to increase and, at peak times, congestion is an issue. With that in mind, the MPO strongly encourages users to follow the "rules of the trail", including: • Use your head — wear a helmet. • Go with the flow — stay to the right. • Stay clear of the trail when stopped. • Signal turns or stops; announce when passing. • Show respect for adjacent property. Relating to on -road facilities, in order to ensure a safe, enjoyable, and efficient trip, bicyclists and motorists have shared responsibilities in achieving the desired outcome. To reach these objectives, the MPO recommends that users of the on -road system pattern their use following the guidelines established in the "Effective Cycling" training initiatives. According to the Effective Cycling approach, the following recommendations are applicable to both motorists and bicyclists. • Always ride on the right-hand side of the roadway, not on the left and never on the sidewalk. • When approaching a road that is larger than the one you are on, or carries more traffic, or faster traffic, or is protected by a stop or yield sign, you must yield to traffic on that roadway. Yielding means looking left and right until you see that no traffic is approaching so closely as to constitute a danger. • When intending to move your line of travel either left or right upon the roadway, you must yield to traffic in the new line of travel. Yielding means looking in front and behind until you see that both directions are clear, that there is no traffic approaching so closely as to constitute a danger. • When approaching an intersection, you must position yourself according to the direction in which you want to go. Right -turning drivers are at the right, left -turning drivers are at the left, close to the center of the roadway, and straight -through drivers are between them. • When cycling between intersections, you must position yourself according to your speed relative to other traffic. Parked vehicles are next to the curb, slow drivers are next to them, while fast drivers are to the left, next to the centerline. • Per Iowa Code, a bicycle operated between sunset and sunrise must be equipped with a white light on the front and a red light or reflector on the back, both visible for a distance of at least 300 feet. Other education initiatives supported by the MPO include: • Incorporating appropriate and safe bicycling techniques into the K-8 school curriculums. • Discouraging the practice of bicycling on sidewalks as bicyclists mature in their riding capabilities. • Supporting safe bicycling initiatives developed by the Governor's Traffic Safety Bureau. • Encouraging helmet use for all bicyclists. • Encouraging law enforcement agencies to enforce traffic laws for bicyclists. 2040 Long Range Transportation Plan 117 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: February 24, 2014 Prepared: February 19, 2014 Dept. Head Signature: Aric Schroeder, City Planner # of Attachments: COUNCIL SUBJECT: Request by Craig Fairbanks Homes for approval of the Final Plat of MEMBERS Crossroads Estates Replat No 5, generally located along Hummingbird Circle between Bobolink Drive and Sarah Drive for the development of a 5 -lot residential DAVID subdivision. JONES Ward 1 Submitted by: Aric Schroeder, City Planner CAROLYN COLE Recommended City Council Action: Approval Ward 2 Summary Statement: Transmitted herewith is a request by Craig Fairbanks Homes PAT for approval of the Preliminary Plat of Crossroads Estates Replat No 5. The purpose MORRISSEY of the plat is to allow the property to be split to create 5 additional buildable lots. Ward 3 The Final Plat of the subdivision will be submitted in the near future. Please find QUENTIN attached the following documents: HART Ward 4 ° Staff report RON 0 Aerial photograph of the area WELPER ° Final Plat Wards ° Deed of Dedication TOM ° Certificate of Survey LIND 0 Report of the City Engineer At -Large STEVE SCHMITT At -Large At the August 6, 2013 regular meeting, the Planning and Zoning Commission unanimously recommended approval of the Preliminary Plat. The plat consists of 5 -lots, containing 1.9 acres of land, which is located along Hummingbird Circle between Bobolink Drive and Sarah Drive. Lot sizes range from 0.25 acres to 0.46 acres.. Expenditure Required: N/A Source of Funds: N/A Policy Issue: Subdivision Ordinance Alternative: cc: Noel Anderson, Community Planning & Development Director Eric Thorson, City Engineer CITY WEBSITE: www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer 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: August 6, 2013 Request for the Preliminary and Final Plat of Crossroads Estates Replat No 5 along Hummingbird Circle between Bobolink Drive and Sarah Drive for the development of a 5 -lot residential subdivision. Craig Fairbanks Homes, 319 Spruce Hills Drive, Cedar Falls. The request is for the Preliminary and Final Plat of Crossroads Estates Replat No 5 for the development of a 5 -lot residential 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 already existing development surrounding the area in question. The request would not appear to have a negative impact on traffic conditions, as it would not significantly increase the amount of traffic on the surrounding roads. The plat will have frontage on Hummingbird Circle, Bobolink Drive, Mockingbird Lane and Sarah Drive, which are classified as a Local Streets. Currently, there are no pedestrian sidewalks serving the lots to be platted, but the deed of dedication of Crossroads Estates Replat No. 2 requires that when lots are developed, sidewalks be placed on the west side of Bobolink (but not east), north side of Hummingbird (but not south) and west side of Mockingbird (but not east). Replat No. 3 and 4 required sidewalk along the east/south side of Hummingbird. Staff feels that all street frontages within the proposed subdivision should be required to provide sidewalk. This will result in a short gap in sidewalk along the south side of Hummingbird in front of the existing duplex at 1121-1123 Hummingbird, however this could be addressed by a future sidewalk infill program. There are no recreational trails in the area of the request. The site in question has been zoned "R-3, R -P" Planned Residence District since 8/19/91. The request would not require any buffering. A drainage plan has not been submitted. The original Crossroads Estates was platted in 1979, but the first homes were built in the subdivision in 1996. Recent years 08-06-13 Crossroads Estates Replat No 5 Pre and Final Plat Page 1 FLOODPLAIN: PUBLIC/OPEN SPACES/SCHOOLS UTILITIES: WATER, SANITARY SEWER, STORM SEWER, ETC. RELATIONSHIP TO COMPREHENSIVE LAND USE PLAN: STAFF ANALYSIS — ZONING ORDINANCE: August 6, 2013 have seen renewed interest in the development of the subdivision, with large portions of the subdivision being purchased or optioned by developers, and more homes starting to be constructed. No portion of the plat is located within a Special Flood Hazard Area as indicated by the Federal Insurance Administration's Flood Insurance Rate Map dated July 18, 2011. There are no public open spaces or schools in the area. There is an 8" sanitary sewer in Bobolink, Hummingbird and Mockingbird. There is a 12" storm sewer in Bobolink, Mockingbird, and Hummingbird east of Mockingbird. The Preliminary Plat does not show any proposed sewer extensions, and it would appear that the proposed lost can be served by the existing utilities. There is an 8" water line in Bobolink and Hummingbird, and a 6' in Mockinbird. The plat shows existing easements established by Replat No. 2, including an 8' easement along the north property line, and two 10' easements stubbed off of Hummingbird Circle on Lots 2 and 3. The plat also shows a 20' setback from the street frontages. The Future Land Use Map designates the area as Mixed Commercial, which includes medium to high density residential. This request would be in conformance 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 5 -lots, containing 1.9 acres of land, which is located along Hummingbird Circle between Bobolink Drive and Sarah Drive. Lot sizes range from 0.25 acres to 0.46 acres. The proposed plat would allow for additional residential development in the area. At the Technical Review Committee meeting, it was discussed if the two areas being excluded from the plat should get included and added as separate lots. The applicant's engineer is investigating this further, including issues surrounding those properties being part of a condo association, while the areas currently proposed to be platted are being removed from the condo. 08-06-13 Crossroads Estates Replat No 5 Pre and Final Plat Page 2 STAFF ANALYSIS — SUBDIVISION ORDINANCE: STAFF RECOMMENDATION: August 6, 2013 The submitted Preliminary Final Plats meet the guidelines as put forth by the Subdivision Ordinance. Therefore, staff recommends that the request for the Preliminary and Final Plat of Crossroads Estates Replat No. 5 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 Mixed Commercial, including medium to high density residential. 3. The plat will create additional infill development in the Primary Growth Area. 08-06-13 Crossroads Estates Replat No 5 Pre and Final Plat Page 3 City of Waterloo Planning, Programming and Zoning Commission August 6, 2013 citqfPgralleY1 Crossroads Estates Replat No. 5 Craig Fairbanks Homes N W .'� \•' q ✓/ 150 75 0 150 eri00 \O Feet City of Waterloo Planning, Programming and Zoning Commission August 6, 2013 nI HI I I IIIIIIIII Illi \ � I /R-2 1 1 1 1 1 1 1 1 1 1 I_1 1, l i i i I { i i iii It, iI .iii u i r. 1111111111111ill 1 Elm 11.'-111111111111�s 111 R-3111■ ;�■ z1111��■ ■ !. o .•crasArr/. 11111 ■■���1� .u1111f1h11I111111111 - R-3 R-4 R=4 vglIAMEMI r l E. RIDGEWAY A-1 380 218 111111 II R-4 C2 C_1 R-2 { i M-1 A=1 E`�PNOfs PNl C- 2,C -Z C2,C!Z C -2,C -Z R -4,R -P =2 R=11 C 0 N C -P Crossroads Estates Replat No. 5 Craig Fairbanks Homes O210032i NOISN3 JIO (00'001) o®�• 0 0N0O31 32:111iV3d O O o 0 0 60 ZiAla O ZO N 00'3602" E 33.00 °' -Q T a mg z j U 20,4mho 2 1.404,°9 lullogog at, S 00°04'31" W 100.12 ®E0�nm ao D m'mm a Rt z E mo»'a; -5-7"277..5.4 u c 00n� nm_n C) N 0 M O N m��3 2,130- zo�.o �Q�d o£ady - w9 n y N ,1z . m. 0 � Z it,i N m�pmmm o m p G O N C m o_ V G T N 8,O 2 O 2„mcmo N 9 2m o C 0mm tE om "um �m�fa v ^ :11 m oASm 0- 3 < .Na Aio .02,8,;-"e O a) - m m CD 6 " 1 m 96'691 3 i 3 „ZO,21.00 S 0 £ C7 20' Setback $ 00'48'14"W 100.00 Mockingbird Lane Signature of City Ordinance Administrator S 00'04'24" W 149.99 rn 20' Setback Sarah Drive 60' R.O.W. £ VFW' m m� n aZ S ^ _. :=. m ^ ^ Zreav 1818 W olm m O m Z 5 0 o,aom °'Nadi m 'OFid ^eta-�w ^ �d * 2m mo V m 51112; m v N C m Ng to .G T NN< ' ,. 3, 0 O N R. £ E 8 2 c m O A m C K ;1-;2*, iN� m y n w za.j 'oa N � o?ay N y m i d � i —2,101 tA0 N 0, owl � m s Aso o m m 0 0 1 ;a0 Soso -3P4, m� O � y m 'YMOI `AiNfOO )IMVH NO` 19 'OOT1:I31VM A m A m z 2 O D U) S. 9 0 5) 0 in 2 O a 4,7 F rrt 'Oi9 O8O0323 2 A O 318V1 3A6 no v 0) W 00 CD CFI Crossroad Estates Replat No. 5 A Replat of Part of Crossroads Estates Replat No. 2 Waterloo, Iowa VJ Engineering 1501 Technology Parkway Cedar Falls, Iowa — 319-266-5829 0 w a 0. II 0 revisions date J Prepared by Wendell J. Lupkes, L.S., VJ Engineering, 1501 Technology Parkway, Cedar Falls, Iowa 50613 SURVEYOR'S CERTIFICATE CROSSROADS ESTATES REPLAT NO. 5, WATERLOO, BLACK HAWK COUNTY, IOWA I certify that during the month of April, 2013, at the direction of Craig Fairbanks Homes, a survey was made, under my supervision, of the tract of land to be known as "Crossroads Estates Replat No. 5, Waterloo, Black Hawk County, Iowa", as shown on the attached plat, and the boundary of which is more particularly described as follows: That part of Tract 1, Crossroads Estates Replat No. 2, Waterloo, Black Hawk County, Iowa, described as follows: Beginning at the Southwest corner of said Tract 1; thence N 47°11'07" W 40.00 feet along the Easterly right-of-way of Bobolink Drive; thence Northerly 163.01 feet along a 194.94 foot radius curve, concave Northeasterly, said curve having a chord of 158.30 feet bearing N 23°23'48" W; thence N 0°36'12" E along said Easterly right-of-way 33.00 feet; thence Northerly 64.45 feet along a 50 foot radius curve, concave Westerly, said curve having a chord of 60.08 feet bearing N 17°07'36" E to the North line of said Tract 1; thence S 89°55'29" E along said North line 133.45 feet; thence S 0°04'31" W 100.12 feet; thence S 20°31'05" E 88.82 feet to the North right-of-way of Hummingbird Circle; thence Southwesterly along said North right-of-way 80.94 feet along a 257.77 foot radius curve, concave Southeasterly, said curve having a chord of 80.61 feet bearing S 51°39'22" W; thence S 42°38'53" W 39.84 feet along said North line of Hummingbird Circle to the point of beginning. And that part of Tract 1, Crossroads Estates Replat No. 2, Waterloo, Black Hawk County, Iowa, described as follows: Beginning at the Northeast corner of said Tract 1; thence S 0°22'12" W 152.10 feet along the Westerly right-of-way of Sarah Drive; thence Westerly along the North right-of-way of Hummingbird Circle 43.17 feet along a 456.87 foot radius curve, concave Southerly, said curve having a chord of 43.16 feet bearing N 87°10'45" W; thence N 89°55'36" W along said Southerly right-of-way 224.94 feet; thence N 0°12'02" W 149.96 feet to the North line of said Tract 1; thence S 89°56'26" W 269.55 feet to the point of beginning. And that part of Tract 3, Crossroads Estates Replat No. 2, Waterloo, Black Hawk County, Iowa, described as follows: Beginning at the Northeast corner of said Tract 3; thence S 0°48'14" W 100.00 feet along the Westerly right-of-way of Mockingbird Lane; thence Southerly along the Westerly right-of-way of Mockingbird Lane 20.09 feet along a 784.43 foot radius curve, concave Westerly, said curve having a chord of 20.09 feet bearing S 1 °28'09" E; thence N 87°50'07" W along said Northerly line of Lot 2, Mustedanagic Minor Plat 99.94 feet; thence S 87°17'46" W 2.48 feet along the Northerly line of said Lot 2; thence N 0°08'08" E 116.32 feet to the North line of said Tract 3; thence N 89°5T52" E 99.91 feet to the point of beginning. 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 . Lupk IA Lic. No. 12088 Subscribed and sworn before me this %- aO y Date day of � , 2013' Notary Public in and the State of � wa DEED OF DEDICATION OF CROSSROADS ESTATES REPLAT NO.5, A REPLAT OF PART OF CROSSROADS ESTATES REPLAT NO.2, WATERLOO, BLACK HAWK COUNTY, IOWA KNOW ALL MEN BY THESE PRESENTS: That the undersigned, Adair Holdings, L.L.C., Tara Eveland, and Saphire, L.L.C., being desirous of laying out and platting into lots and tracts the real estate described in the attached Certificate of Survey by Wendell J. Lupkes, a duly 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 hereafter and called Crossroads Estates Replat No. 5, a Replat of Part of Crossroads Estates Replat No. 2, Waterloo, Black Hawk County, Iowa, all of which is with the free consent and desire of the undersigned. The owner does hereby grant and convey to the City of Waterloo, its successors and assigns, and to any private corporation, firm or person furnishing utilities for the transmission and/or distribution of water, sanitary sewer, gas, electricity, communication service or cable television, perpetual easements for the erection, laying, building and maintenance of said services over, across, on and/or under the property as shown on the attached plat. BE IT ALSO KNOWN that the undersigned does also covenant and agree for itself its successors and assigns, that each and all of the lots in the said subdivision shall be, and the same are hereby made subject to the following restrictions upon their use and occupancy as fully and effectively to all intents and purposes as if the same were set forth and contained in each deed of conveyance or mortgage that the undersigned, or its successors in interest, may hereafter make for any of the said lots, and that such restrictions shall run with the land and with each individual lot thereof for the length of time and in the particulars hereinafter stated, to -wit: 1. All lots and tracts shall be known as and available for such uses as may be permitted under the zoning regulations of the City of Waterloo, in effect at that time, as may be amended from time to time, except as otherwise restricted in this Deed of Dedication. 2. Structures are restricted to one -family and two-family dwellings (known as a duplex, condo, or zero lot line structure) and accessory use buildings that are allowed in Residence Districts. 3. All buildings to be erected on any lot or tract shall be constructed within building lines as indicated on the plat, and within City of Waterloo building and zoning ordinances. 4. No trailer, basement, tent shack, garage, barn, or other outbuilding in the tract shall at any time be used as a residence temporarily or permanently nor shall any residence of a temporary character be permitted. 2 5. The titleholder of each lot and tract, vacant or improved, shall keep the same free of weeds and debris. 6. No obnoxious or offensive trade shall be carried on upon any lot or tract, nor shall anything be done thereon which may be or become an annoyance or nuisance to the neighborhood. 7. No building shall be erected on any numbered residential lot unless the design and location is in harmony with existing structures and locations in the tract and does not violate any of the provisions hereof. Notwithstanding that it may comply with the foregoing restrictions, no dwelling or accessory building shall be erected until and unless satisfactory detailed plans and specifications for same showing the general nature, shape, size, design, materials, locations, proposed landscaping and approximate cost shall have been first submitted to and approved in writing by the Designee of the undersigned, its successors or assigns. 8. That a four (4) foot wide Portland cement concrete sidewalk four (4) inches thick, except through the driveway section where the thickness shall be a minimum of five (5) inches, and a concrete surface or hard surface entrance will be installed during or immediately after the construction of the residence on any particular lot, but before the issuance of an Occupancy Permit from the City of Waterloo, Iowa, or within five (5) years after the date of the initial sale of the lot by the developer, whichever is sooner, and that the sidewalk will be constructed across the full length of all street frontages of the lot, and extend to match the end of existing sidewalk(s) on adjoining lots where sidewalk already exists. Said sidewalk shall also be required to be constructed across all street frontages of two or more adjoining lots, or portions thereof, when any owner has acquired said two or more adjoining lots, or portions thereof, upon construction upon one or more lots, or portions thereof, all as required by the City of Waterloo, Iowa. Construction of handicap access ramps at the intersections shall be the responsibility of the property owner/developer. 9. For the mutual benefit of the undersigned, its successors in interest in the ownership of any and all of the lots and tracts in this addition, and of such public and private corporations and agencies as may have occasion to serve, service, or supply any of said lots with water, sewer, gas, electricity or communication services, the undersigned expressly and specifically reserves and establishes permanent easements, as shown on the plat attached hereto, for the following purposes and uses: A. Any company or agency supplying electricity or communication service in said subdivision shall have the right to construct, maintain and operate permanent underground electricity or communication feeder or service facilities, with appurtenances necessary thereto; and; B. The City of Waterloo and any public utilities company having a franchise for the distribution and sale of gas in said City, shall have the right to construct and maintain sewer, water, and gas service lines within said easements. The proprietors, agents and workmen of all such service corporations or agencies shall have the right of reasonable access to their said services and installations for the purpose of the proper construction and maintenance of their 3 lines and equipment. Perpetual easements for surface drainage are hereby granted within the easement lines of lots as shown on the plat attached hereto. 10. All of the provisions herein shall be enforceable by appropriate legal proceedings by any present or future owner of the legal or equitable title to any lot in said subdivision. 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. 11. The undersigned and all persons and corporations hereafter acquiring any right, title, or interest in any of the lots or tracts in said subdivision shall be taken and held to have agreed and covenanted with the owners of all other lots or tracts in this subdivision and with the respective successors and assigns of all of the rest of such other lots or tracts to conform to and observe all of the foregoing covenants, restrictions and stipulations as to the construction of building thereon, for a period of 21 years from the date of filing of said plat, and this deed of dedication for record, unless by a vote of a majority of the then owners of the lots or tracts, it is agreed to change the said covenants in full or in part. Within the period of 21 years and in accordance with Iowa Code Sections 614.24 and 614.25 (2005 Code of Iowa) or their successor provisions, these covenants, restrictions and stipulations may be extended for an additional 21 years upon compliance with Sections 614.24 and 614.25 of the 2005 Code of Iowa. In the event an extension of the covenants, restrictions and stipulations is not filed within the period of 21 years or successive 21 -year period, then the covenants, restrictions and stipulations contained herein shall terminate at the end of the existing period of 21 years. WITNESS my hand at Waterloo, Iowa, this day of , 2014. Tara Eveland STATE OF IOWA ) ) ss. COUNTY OF BLACK HAWK ) This instrument was acknowledged before me on the day of 2014, by Tara Eveland. Notary Public in and for the State of Iowa 4 ADAIR HOLDINGS, L.L.C. By: , Managing Member STATE OF IOWA ) )ss: COUNTY OF BLACK HAWK ) This instrument was acknowledged before me on the day of , 2014, by as Managing Member of Adair Holdings, L.L.C. Notary Public in and for the State of Iowa SAPHIRE, L.L.C. By: , Managing Member STATE OF IOWA ) )ss: COUNTY OF BLACK HAWK ) This instrument was acknowledged before me on the day of , 2014, by as Managing Member of Saphire, L.L.C. Notary Public in and for the State of Iowa CITY OF WATERLOO PLANNING AND ZONING COMMISSION REQUEST FOR PLATTING (MINOR OR PRELIMINARY) 1. APPLICATION INFORMATION: a. Applicant's Name (please print): Craig Fairbanks Homes Address: 319 Spruce Hills Drive Phone: _319-404-0412 City: Cedar Falls State: IA Zip: 50613 b. Status of Applicant: (a) Owner _ (b) Other X (CHECK ONE): If Other explain: _Purchaser of undeveloped property within The Pointe III c. Property Owner's Name if different than above (please print): Adair Holdings, LLC Address: 405 N 115`h St #100 Phone: City: Omaha State: NE Zip: 68154 2. PROPERTY INFORMATION: a. Name of Plat: Crossroads Estates Replat No. 5, A Replat of Part of Crossroads Estates Replat No. 2 b. General Location of Property: _Hummingbird Circle between Bobolink Dr. and Sarah Dr. c. Area of Proposed Plat: 1.954 acres d Zoning District(s): R-3 R -P 3. OTHER DOCUMENTATION: a. Preliminary Deed of Dedication (preferred but not required) b. Overall Street Plan (if applicable) c. Six (6) copies of the Preliminary Plat which are in conformance with Section 11-3-2 of the Subdivision Ord. d. Four (4) copies of Preliminary Deed of Dedication 4. IMPROVEMENTS a. Are you requesting participation by the City in any improvements? Yes b. If yes specify why and for what for? c. Costs (estimated): Total Cost Estimate Storm Sewer $ $ Sanitary Sewer $ $ Paving $ $ Land Dedicated $ $ TOTAL $ $ Requested City Share The Request Fee of $300 + $10 per lot (payable to the City of Waterloo) is required. This fee is non-refundable. Under no condition shall said sum or any part thereof be refunded for failure of said request to be approved. Any major change in any of the information given will require that the request go back through the process, with a new Request Fee. The undersigned certify under oath and und.;r the penalties of perjury that all information on this request and submitted along with it is true and correct. All information submitted will be used by the Waterloo Planning 'egramming, and Zoning Commission and the Waterloo City Council in making their decision. The under 'gne. author City Z. ing Officials to enter the property in question in regards to the request. nat re o PP cal Date Signature of Owner Date Preliminary and Final Plat Request — Crossroads No.5 Replat Looking at the northwest corner of Mockingbird Lane and Hummingbird Circle where one of the lots will be platted. Looking east from Bobolink Drive at where two of the lots on the western edge of the plat will be platted. Standing at the northwest corner of Sarah Drive and Hummingbird Circle where two of the lots will be platted. Looking at existing residential development in the area near the plat in question. Mayor BUCK CLARK COUNCIL MEMBERS DAVID JONES Ward CAROLYN COLE Ward 2 HAROLD GETTY Ward 3 QUENTIN M. HART Ward 4 RON WEEPER 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• February 19, 2014 9131 9641 Aric Schroeder, City Planner Planning, Programming & Zoning Commission Waterloo City Hall Waterloo, IA 50703 RE: FINAL PLAT CROSSROADS ESTATES REPLAT NO. 5 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, 1P7AVO, Dennis J / entz, P. Assistant City Engineer CITY WEBSITE: www.cityofwaterlooiowa.com WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-137 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, APPROVING THE FINAL PLAT AND NECESSARY DOCUMENTS OF CROSSROADS ESTATES REPLAT NO. 5 IN THE CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA. WHEREAS, on this 24th day of February, 2014, at a regular meeting of the City Council of the City of Waterloo, Iowa, the Final Plat of Crossroads Estates Replat No. 5, Waterloo, Black Hawk County, Iowa, was presented for approval, and WHEREAS, said Final Plat has been previously submitted to and has been approved by the Waterloo City Planning, Programming and Zoning Commission, and WHEREAS, said Final Plat has been considered and should receive approval of this Council. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Final Plat of Crossroads Estates Replat No. 5, Waterloo, Black Hawk County, Iowa, be and it is hereby approved and the Mayor and City Clerk of the City of Waterloo, Iowa, are hereby authorized and directed to certify and affix their signatures to said resolution. PASSED AND ADOPTED this 24th day of February, 2014. ATTEST: Suzy Schares, MC City Clerk t 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 Resolution No. 2014-137, as passed and adopted by the Council of the City of Waterloo, Iowa, on the 24th day of February, 2014. Witness my hand and seal of office this 24th day of February, 2014. SEAL Suzy Sc ares, CMC City Cl rk 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: February 24, 2014 Prepared: February 19, 2014 Dept. Head Signature: # of Attachments: 8 SUBJECT: A request to set the date of public hearing as March 10, 2014 for a request by Stainless Investments, LLC to rezone 0.41 acres of land from "R-2" One and Two Family Residence District to "C -1,C -Z" Conditional Zoning District located at 811 Elliott Court. Submitted by: Noel Anderson, Community Planning & Development Director Recommended City Council Action: Approval Summary Statement: Transmitted herewith is request to set the date of public hearing as March 10, 2014 for a request by Stainless Investments, LLC to rezone 0.41 acres of land from "R-2" One and Two Family Residence District to "C -1,C - Z" Conditional Zoning District located at 811 Elliott Court. The applicant is requesting the rezone for the purpose of expanding their commercial parking lot. It would not appear that rezoning the land to allow for the area to be used as a parking lot would have a negative impact upon the surrounding area as long as the parking lot is properly screened from the nearby residential uses. The proposed rezone request covers 0.41 acres of land just located to the north of 3533 Cedar Terrace Drive at the site known as 811 Elliot Court. The Zoning Ordinance requires that for parking areas containing more than four parking stalls that is be effectively screened on each side adjoining property situated in a Residence District or any institutional premises, except when the adjoining property is used for professional office or multi -family, by a wall of densely planted compact hedge, except, if the closest point of such parking area is at least 100 feet from the nearest residential or institutional property line or across a street. Once the land is rezoned for conditional commercial uses, it will be necessary to screen the parking area from the residential uses along Elliot Court to the west. The applicant may want to consider keeping some of the landscaping that is currently there to screen the new parking lot. At this time, a detailed site plan of how the new parking lot will lay out and how many spaces it will have has not been submitted to determine if any screening would be required. CITY WEBSITE: www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer At the February 4, 2014 Planning, Programming and Zoning meeting, the Commission voted unanimously in favor of the rezone request. Please find attached to this letter a staff report, aerial photo and legal description. Therefore, staff would request to set the date of public hearing as March 10, 2014 for a request to set the date of public hearing as March 10, 2014 for a request by Stainless Investments, LLC to rezone 0.41 acres of land from "R-2" One and Two Family Residence District to "C -1,C -Z" Conditional Zoning District located at 811 Elliott Court, and publish the pertinent notice. Expenditure Required: None Source of Funds: N/A Policy Issue: Zoning, Land Use, and Economic Development Alternative: Background Information: Stainless Plus began their operations at this site in 2006 when they initially constructed the building that is currently on the site. Legal Description: See attached NA:ta cc: Aric Schroeder, City Planner --file-- 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: BUFFERS/ SCREENING REQUIRED: DRAINAGE: February 4, 2013 Request to rezone approximately 0.41 acres from "R-2" One and Two Family Residence District to "C -1,C -Z" Conditional Zoning District, located at 811 Elliott Court. Stainless Investments, LLC, 811 Elliot Court, Waterloo, IA 50702 The applicant is requesting the rezone for the purpose of expanding their commercial parking lot. It would not appear that rezoning the land to allow for the area to be used as a parking lot would have a negative impact upon the surrounding area as long as the parking lot is properly screened from the nearby residential uses. The proposed rezoning request would not appear to have a negative impact upon vehicular or pedestrian traffic in the area. The location in question is located near the intersection of Cedar Terrace Drive and East Shaulis Road, and both streets are classified as Minor Arterials. There are no recreational trails within the immediate vicinity of the area in question. The rezone area in question is zoned "R-2" One and Two Family Residence District, and has been zoned as such since the adoption of the Zoning Ordinance. Surrounding land uses and their zoning are as follows: North — Vacant farm ground, zoned "R-2" One and Two Family Residence District. South — Existing light industrial development, zoned "C -1,C -Z" Conditional Zoning District. East — Vacant farm ground, zoned "R-2" One and Two Family Residence District. West — Existing residential development, zoned "R-2" One and Two Family Residence District. The surrounding area is mostly comprised of single-family housing, as well as vacant farm ground, with the exception of the light industrial development located south and adjacent to the parcel in question. This light industrial development was established in 2007, and most of the residential development in the nearby area was developed from the 1950s to the 1980s. Rezoning of the property for parking purposes would require that it be properly screened from the nearby residential uses to the west if the parking area will contain more than four parking spaces. Rezoning the land for parking purposes would not appear to have a negative impact upon drainage in the area as long as a proper storm water detention plan is submitted and executed to mitigate any drainage concerns. 2.4.14 — 811 Elliot Court — R2 to C1 CZ Page 1 of 2 1 FLOODPLAIN: 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: February 4, 2013 No portion of the rezone area is located within a Special Flood Hazard Area as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 190025 and Panel Number 0308F, dated July 18, 2011. Lloyd Randall Park is located approximately 1/4 of a mile to the south and east at the intersection of East Shaulis Road and Foulk Road. There is an 8" sanitary sewer located within Cedar Terrace Drive. There is no storm sewer in the area. The Future Land Use Map designates this area as Low Density Residential. The rezone request is not in conformance with the Future Land Use Map and Comprehensive Plan for this area. The site is located within the Primary Growth Area. The proposed rezone request covers 0.41 acres of land just located to the north of 3533 Cedar Terrace Drive at the site known as 811 Elliot Court. The applicant is intending to construct a new parking lot upon the property to serve their growing business. The intention is to demolish the house at 811 Elliott Court and remove some of the trees as well. The Zoning Ordinance requires that for parking areas containing more than four parking stalls that it be effectively screened on each side adjoining property situated in a Residence District or any institutional premises, except when the adjoining property is used for professional office or multi -family, by a wall of densely planted compact hedge, except, if the closest point of such parking area is at least 100 feet from the nearest residential or institutional property line or across a street. Once the land is rezoned for conditional commercial uses, it will be necessary to screen the parking area from the residential uses along Elliott Court to the west. The applicant may want to consider keeping some of the landscaping that is currently there to screen the new parking lot. At this time, a detailed site plan of how the new parking lot will lay out and how many spaces it will have has not been submitted to determine if any screening would be required. There is no platting required as a part of this request. Therefore, staff recommends that the request to rezone from "R-2" One and Two Family Residence District to "C -1,C -Z' Conditional Zoning District be approved for the following reasons: 1. The site in question would appear to provide sufficient space to meet all required regulations including setbacks, drainage, landscaping, screening, etc. 2. It would not appear that rezoning the land to "C -1,C -Z" Conditional Zoning District would not have a negative impact upon the surrounding area. 2.4.14 — 811 Elliot Court — R2 to C1 CZ Page 2 of 2 2 City of Waterloo Planning, Programming and Zoning Commission February 4, 2014 !tpliIIJU. : i ii► t♦IW' 1 "• 4 aIle :1 III 4 114 II kvII* UM4 I RFJ 811 Elliott Court Rezone R-2 to C-i,C-Z Stainless Investments, LLC City of Waterloo Planning, Programming and Zoning Commission February 4, 2014 8ii Elliott Court Rezone R-2 to C-i,C-Z Stainless Investments, LLC. 4 SITE PLAN STAINLESS PLUS BUILDING ADDITION 3533 TERRACE DRIVE -%� CITY OF WATERLOO, IOWA OWNER! DEVELOPER STAINLESS PLUS, INC. 3533 CEDAR TERRACE WATERLOO, IA 50702 DR, ZONING C-1, C—Z CONDITIONAL ZONING COMMERCIAL DISTRICT LEGAL DESCRIPTION UNPIATTED WATERLOO WEST PART S 1/2 SE 1/4 SEC 7 T 88 R 12 DEC AT INTERS W UNE SAID SE 1/4 & HELY ROW LINE CTe' RD #258 TN N 174.33 FT ALONG SAID W UNE TN S 84 EEC, 54 MIN 49 SEC E 176.92 FT TN N 99.84 FT TH E 124.57 FT TH S 481.73 FT TO ROW LINE SAID #258 TH N 53 DEC 25 MIN 02 SEC W ALONG SAID ROW LINE TO PT OF BEG & EASE z 0 o D Nt NJ L.; N89'46'46'E r .IN • 126.33' 20' SETBACK S85.21 '26"E 176.91' 1 10 FEATURE LEGEND o PROPERTY CORNER SET • PROPERTY CORNER FOUND A SECTION CORNER FOUND 100.03 DIMENSION OF SURVET (100.00) DIMENSION OF RECORD - G — EXISTING GAS — ST — EXISTING STORM SEWER — SAN — EXISTING SANITARY SEWER — T — EXISTING TELEPHONE - C — EXISTING Gigli - E — EXISTING ELECTRIC — W — EXISTIN0 WATER —OHIO— EXISTING OVERHEAD TOOL -- FD — EXISTING PIBER OPTIC EXISTING FENCE I1 EXISTING UGH! POLE 4 EXISTING UTRRY POLE ® EXISTING ELECTRICAL BOX O EXISTING MANHOLE EXISTiNc FIRE HTURANT O EXISTING WATER VALVE N EXISTING CAS VALVE El EXISTING TELEPHONE PEP. EXISTING TREE —COO EXISTING CONTOURS ---000-- PROPOSED CONTOURS 13(000.00 PROPOSES CRATES X000.00 EXISTING GRADES --- PROPOSED SILT FENCE OUTLET PIPE 20 L4- 6' 6 50R 23.5 PVC' 0 0.505 OUTLET. 836.25 PROPOSED DETENTION POND TOP EL— 837.60 BOTTOM EL— 836.35 OUTLET.. 636.35 PROPOSED DETENTION BASIN NOTES 1. DESIGN PARMETERS: A. EXISTING SPE - 6 YEAR STORM 8. FULLY IMPROVED SITE. IC TEM STORM L ALLOWABLE SITE RELEASE A. 6 YEAR STORM -1l.5 CPS 7. TOTAL STORGE VOLUME REQUIRED -1646 CU81C FEET A. CRITICAL STORM DI/RATION. 14 MINUTES 6. TOTAL DETENTION STORAGE PROVIDED: 1652 CU FT A 677.60 POOL ELEVATION NORTH 0 25 50 IOD 4' \ .. a NN SITE PLAN STAINLESS PLUS I hereby certify that this engineering document wos IIIUliproIl pre pored by me or under my direct personal supervision 2IIXESSIOend .that 1 am a duly licenced Professional Engineer under lIre -'••.•: )T�' rrtN,er Staalle/{ot lowe. / / mo,•. Licensed'% 1. ':z'_- IJ. �, L../ CJ..Q , (o!J2.!O7 wi 1 0. =_L . Jim v J D. ELLIS, P.E. 1 III DATE =,EIliS License number 15557 'ter*• '. ••''*` My license renewal dote is 0ccember 31, 2006 5570^nuiGW A. o� Pales or sheets carored by this seal: 5-2/-0/ S 22 0! 51.1 —.0---i— ID4C'.J SITE PLAN STAINLESS PLUS VJ Engineering 1501 Technology Parkway Cedar Falls, Iowa — 319-266-5829 scull e drawn by ' SQL dole .,- AJ 5-2/-0/ S 22 0! revisions dale 5 APPLICATION FOR REZONING o S�4 Aum CITY OF WATERLOO PLANNING, PROGRAMMING, AND ZONING COMMISSION WATERLOO, IOWA 319.291.4366 I . APPLICATION INFORMATION: a. Applicant's name (please print): 5 ICA,'r.! kis Ah! eS 1 e s <LC C% cJ4"..eS c au.44cs Address: sr// ELL. i OTT c -r Phone: 3/9-.Z96 231 ct Fax: 3'9-140.23 90 City: W€4+01-1, co State: Zip: co 7 @' b. Status of applicant: (a) Owner ✓ (b) Other (CHECK ONE): If other explain: c. Property owner's name if different than above (please print): Address: Phone: Fax: City: State: Zip: 2. PROPERTY INFORMATION: a. General location of property to be rezoned: 'L L i o'ft' Cr Ce.d#�.r 7 JYAc-C. ,psi E�It'��-�-�- a >S3, Lag,/ Term, firb. Legal description of property to be rezoned: fiairCe I 8 of Su ft, e7 Rec., Qe ...2004 —o 2,311i *c 5t. (4.a et -J-4 a f S i %'i Set 7 T S"g le 1) Q i- a porw't6 f' a1 L.'v' dor SE ifit t3 FY~/l? of /vcty kow 1.41wr e f Ctd..r Te,r^mee pR Th '7f'1 Deg 5 i thaw '1 Y et. E /176.43 F?' f6, ?J /06.30 i1. $7 be, 5% w t.ict ace w /71.. F} fv S,dd w Aiwa mf lilt 14.5 97 F+ PT a Beg t c. Dimensions of Proposed Zoning Boundary (Excluding Right of Way): jon.3 7( / 71,.,r'r2. d. Area of Proposed Zoning Boundary (Excluding Right of Way): { O .31. 174.41 e. Current zoning: A - ? Requested zoning: C - C Z f. Reason(s) for rezoning and proposed use(s) of property: w.o4e.- I-houte- a,'..d -faces ^ Ott pa.f k.. £4, 4- 5A-€. - 5 - Pktirt a ct c.,,; : 6 Q ` kao+ ` g. Conditions (if any) agreed to: h. Other pertinent information (use reverse side if necessary): Please Note: If applicant is not the owner of the property, the signature of the owner must be secured. If it is the intent to subdivide (split) any land, vacant or improved in conjunction with this request it must go through a platting process (separate from rezone request). The filing fee of $300 + $10 per acre ($750 max) (payable to the City of Waterloo) is required (round amount down to nearest $10 increment). This fee is non-refundable. Under no condition shall said sum or any part thereof be refunded for failure of said amendment to be enacted into law. Any major change in any of the information given will require that the request go back through the process, with a new filing fee. If the request is denied no new petition covering the same or portion of the same property shall be filed with or considered by the Planning, Programming, and Zoning Commission until four (4) months have elapsed from the date of denial by the Waterloo City Council. The undersigned certify under oath and under the penalties of perjury that all information on this request and submitted along with it is true and correct. All information submitted will be used by the Waterloo Planning, Programming, and Zoning Commission and the Waterloo City Council in making their decision. The undersigned authorize City Zoning Officials to enter the property in question in regards to the request. /t4 — C 1/ /iy gnature of Applicant Date Si ature of Owner Date 6 811 Elliott Court - Rezone R-2 to C-1, C -Z Property to be rezoned for New Parking Lot Applicant's Existing Business 7 Parcel "B" of Survey recorded in Doc # 2004-02281 of part of the Southeast Quarter of Section No. 7, Township No. 88, Range No. 12 West of the Fifth Principal Meridian in the City of Waterloo, Black Hawk County, Iowa Subject to highways and easements of record. Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-138 RESOLUTION FIXING THE TIME AND PLACE OF HEARING TO BE GIVEN ON APPLICATION OF STAINLESS INVESTMENTS, LLC TO REZONE APPROXIMATELY 0.41 ACRES OF LAND LOCATED AT 811 ELLIOTT COURT FROM "R-2" ONE AND TWO FAMILY RESIDENCE DISTRICT TO "C -1,C -Z" CONDITIONAL ZONING DISTRICT, AS MARCH 10, 2014, 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 10th day of March, 2014, for the purpose of considering and acting upon an application of Stainless Investments, LLC to rezone approximately 0.41 acres of land located at 811 Elliott Court from "R-2" One and Two Family Residence District to "C -1,C -Z" Conditional Zoning District, and legally described as follows: Parcel "B" of Survey recorded in Doc #2004-02281 of part of the Southeast Quarter of Section No. 7, Township No. 88, Range No. 12 West of the Fifth Principal Meridian in the City of Waterloo, Black Hawk County, Iowa. Subject to highways and easements of record. 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 24th day of February, 2014. d.2 nest G. Clark, Mayor ATTEST: Suzy Sch.res, CMC City Cle k Mayor BUCK CLARK COUNCIL MEMBERS DAVID JONES Ward I 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: February 24, 2014 Prepared: February 19, 2014 Dept. Head Signature: # of Attachments: %i , ) SUBJECT: Set the date of public hearing as March 10, 2014 for a request by Stainless Investments, LLC, for a site plan amendment to the "C -1,C -Z" Conditional Zoning District, to allow for a 20'x 60' (1,200 SF) addition to the existing building, as well as expand a vehicular area, located at 3533 Cedar Terrace Drive Submitted by: Noel Anderson, Community Planning and Development Director Recommended City Council Action: Approval Summary Statement: Transmitted herewith is a request to set the date of public hearing as March 10, 2014 for a request by Stainless Investments, LLC, for a site plan amendment to the "C -1,C -Z" Conditional Zoning District, to allow for a 20'x 60' (1,200 SF) addition to the existing building, as well as expand a vehicular area, located at 3533 Cedar Terrace Drive The applicant is requesting to expand their existing building located at 3533 Cedar Terrace Drive. The applicant is also requesting to expand their vehicular use area to the northwest of the building. As noted, the site in question is zoned "C -1,C -Z", and due to it being conditionally zoned, and based on the size of the proposed development, it is necessary that it go through a site plan review process before the Planning, Programming and Zoning Commission for recommendation and City Council for approval It would not appear that the site plan amendment would have a negative impact upon the surrounding area, as the new addition and expanded parking area would be consistent with the existing development upon the site. Expansion of the parking are may require that it be properly screened from the nearby residential uses to the west if the parking area will contain more than four parking spaces. As a part of the building permit process, staff will look at the submitted site plan for the building expansion and determine if additional landscaping would be required. There is an 8" sanitary sewer located within Cedar Terrace Drive. There is no storm sewer in the area. CITY WEBSITE: wwwci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Ili Staff is recommending approval of the request, as it is located within the Primary Growth Area, it would not appear to have a negative impact upon traffic conditions in the, as well as not have a negative impact upon the surrounding area. Also, the proposed development is a good infill development project and can be serviced by the extension of existing utilities in the area. At their February 4, 2014 Planning, Programming and Zoning Commission meeting, the Commission voted unanimously to approve the request for site plan amendment, subject to the final site plan meeting all applicable city codes, regulations, etc., but not limited to drainage, parking landscaping, etc. Expenditure Required: None Source of Funds: N/A Policy Issue: Economic Development, Land Use Alternative: Background Information: Stainless Plus began their operations at this site in 2006 when they initially constructed the building that is currently on the site. Legal Description: See attached ta: NA Cc: Aric Schroeder, City Planner --file-- 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: BUFFERS/ SCREENING REQUIRED: DRAINAGE: February 4, 2013 Request for a site plan amendment to the "C -1,C -Z" Conditional Zoning District located at 3533 Cedar Terrace Drive Stainless Investments, LLC, 811 Elliot Court, Waterloo, IA 50702 The applicant is requesting the site plan amendment for the purpose of constructing a 20'x 60' (1,200 SF) addition to their existing building, as well as expand their vehicular use area. It would not appear that the site plan amendment would have a negative impact upon the surrounding area, as the new addition and expanded parking area would be consistent with the existing development upon the site. As long as proper screening is put in place, it would not appear to detract from the area. The proposed site plan amendment request would not appear to have a negative impact upon vehicular or pedestrian traffic in the area. The location in question is located near the intersection of Cedar Terrace Drive and East Shaulis Road, and both streets are classified as Minor Arterials. There are no recreational trails within the immediate vicinity. The site in question is zoned "C -1,C -Z" Conditional Zoning District, and has been zoned as such since December of 2001. Surrounding land uses and their zoning are as follows: North — Vacant farm ground, zoned "R-2" One and Two Family Residence District. South — Existing light industrial development, zoned "C -1,C -Z" Conditional Zoning District. East — Vacant farm ground, zoned "R-2" One and Two Family Residence District. West — Existing residential development, zoned "R-2" One and Two Family Residence District. The surrounding area is mostly comprised of single-family housing, as well as vacant farm ground, with the exception of the light industrial development located south and adjacent to the parcel in question. This light industrial development was established in 2007, and most of the residential development in the nearby area was developed from the 1950s to the 1980s. Expansion of the parking are may require that it be properly screened from the nearby residential uses to the west if the parking area will contain more than four parking spaces. As a part of the building permit process, staff will look at the submitted site plan for the building expansion and determine if additional landscaping would be required. It may be necessary that a new storm water detention plan is submitted for review to the Engineering Department due to the new 2.4.14 — 3533 Cedar Terrace - SPA Page 1 of 3 8 FLOODPLAIN: PUBLIC /OPEN SPACES/ SCHOOLS: UTILITIES: WATER, SANITARY SEWER, STORM SEWER, ETC. RELATIONSHIP TO COMPREHENSIVE LAND USE PLAN: STAFF ANALYSIS — ZONING ORDINANCE: February 4, 2013 addition and the expanded parking area, unless the current storm water detention area on the site is adequately sized to handle the new addition and parking area. No portion of the rezone area is located within a Special Flood Hazard Area as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 190025 and Panel Number 0308F, dated July 18, 2011. Lloyd Randall Park is located approximately 1/4 of a mile to the south and east at the intersection of East Shaulis Road and Foulk Road. There is an 8" sanitary sewer located within Cedar Terrace Drive. There is no storm sewer in the area. The Future Land Use Map designates this area as Low Density Residential. The request for site plan amendment related to a light industrial use is not in conformance with the Future Land Use Map and Comprehensive Plan for this area. The site is located within the Primary Growth Area. The applicant is requesting to construct a new 20'x 60' (1,200 SF) addition to the north side of their existing building located at 3533 Cedar Terrace Drive. The applicant is also requesting to expand their vehicular use area to the northwest of the building. As noted, the site in question is zoned "C -1,C -Z", and due to it being conditionally zoned, and based on the size of the proposed development, it is necessary that it go through a site plan review process before the Planning, Programming and Zoning Commission for recommendation and City Council for approval. Whenever any application for a conditional zoning permit as an amendment to the Zoning Ordinance is submitted, it must be accompanied or supported by specific plans and design for the particular development and use. The applicant shall submit a detailed site plan defining any areas to be developed for buildings, the areas to be developed for parking, the location of sidewalks and driveway, points of ingress and egress, the location and height of walls, the location and type of landscaping, the location, size and types of signs, and detailed drawings indicating the architectural characteristics of said development. The only thing that has been submitted to staff at this time is a site plan that shows the proposed location of the addition on the north part of the existing warehouse, which is all within the required setbacks for the zoning district. No building layout plans, building elevation plans or parking layout plans have been submitted to staff for review. Looking through the previous site plan amendment file from 2006 for the property in question, there are building layout plan and building elevation drawings. Staff would feel it is necessary to see the layout of the proposed addition, what its use will be and what the exterior will look like, as these things are taken into consideration as a part of the site plan amendment process to ensure that the proposed development 2.4.14 — 3533 Cedar Terrace - SPA Page 2 of 3 9 STAFF ANALYSIS — SUBDIVISION ORDINANCE: STAFF RECOMMENDATION: February 4, 2013 would fit in with the existing area and what is already upon the site. It should be noted that it would appear that the vehicular use areas currently on the site appear to be gravel, and if the applicant is looking to expand their parking area, it would need to be an approved hard surfacing such as concrete or hot mix asphalt. If the applicant wishes to construct the new parking area out of gravel, it will be necessary to apply and obtain a variance through the Board of Adjustment to do so. There is no platting required as a part of this request. Therefore, staff recommends that the request for a site plan amendment to the "C -1,C -Z" Conditional Zoning District to allow for the expansion of an existing vehicular use area and a 1,200 SF addition to the existing building located at 3533 Cedar Terrace Drive be approved for the following reasons: 1. The request is located within the Primary Growth Area according to the City of Waterloo Comprehensive Plan. 2. The proposed building and parking expansion area would not appear to have a negative impact upon the surrounding area. 3. The proposed development would not appear to have a negative impact upon traffic conditions in the area. 4. The proposed building can be serviced by the extension of existing utilities in the area. And subject to the following condition(s): 1. That the final site plan meets all applicable city codes, regulations, etc. including, but not limited to, parking, landscaping, drainage, etc. 2.4.14 — 3533 Cedar Terrace - SPA Page 3 of 3 10 City of Waterloo Planning, Programming and Zoning Commission February 4, 2014 3533 Cedar Terrace Drive C -1,C -Z Site Plan Amendment Stainless Investments, LLC 11 City of Waterloo Planning, Programming and Zoning Commission February 4, 2014 Property Proposing Business Expansion 3533 Cedar Terrace Drive C-i,C-Z Site Plan Amendment Stainless Investments, LLC. 12 SITE PLAN STAINLESS PLUS BUILDING ADDITION 3533 TERRACE DRIVE CITY OF WATERLOO, IOWA ,64-401 OWNER/ DEVELOPER STAINLESS PLUS. INC. 3533 CEDAR TERRACE DR. WATERLOO. IA 50702 ZONING C-1, C -Z CONDITIONAL ZONING COMMERCIAL DISTRICT LEGAL DESCRIPTION UNPIATTED WATERLOO WEST PART S 1/2 SE 1/4 SEC 7 T 88 R 12 DEC AT INTERS W LINE SAID SE 1/4 & HELY ROW LINE CTY RD #258 TH N 174.33 FT ALONG SAID W UNE TH S 84 DEG. 54 MIN 49 SEC E 176.92 FT TN N 99.84 FT TH E 124.57 FT TH S 481.73 FT TO ROW LINE SAID #258 TN N 53 DEC 25 MIN 02 SEC W ALONG SAID ROW LINE TO PT OF BEG & EASE N89'46'46"E s 58521'26"E 176.91' 126.33' 20' SETBACK 60 S4 go/ Par i 7 rnj X FEA11JRE.LEGEND o PROPERTY CORNER SET • PROPERTY CORNER FOUND • SECTION CORNER FOURS 100.03 DIMENSION OF SURVET (100.00) DIMENSION Of RECORD - 0 - EXISTING GAS - ST - EXISTING STORM SEWER -SAN- EXISTING WBTART SEWER - T - EXISTING TELEPHONE - C - EXISTING GA= - E - EXISTING ELECTRIC W - EXLSTNC WATER -OHU- EXISTING TVERNEAG UTI. - FO - EXISTING nem OPTIC //- EXISTING FENCE iT EXISTING DONT POLE O EXIS111NC UTILITY POLE • EXISTING ELECTRICAL BOX O EXISTiNG MANHOLE t} EXISTING FIRE HYDRANT •r COSTING WATER VALVE N EXISTING CAS VALVE En EXISTING TELEPHONE PED. * • ® 5515TIr40 TREE -000- EXISTING CONTOURS --OM- PROPOSED CONTOURS 5(000.00 PROPOSED ORATES X000.0 EXISTING GRADES PROPOSED SET FENCE OUTLET PIPE 20 IF 8' F SDR 23,5 P12 0 0.505 OUTLET. 838.25 PROPOSED DETENTION POND TOP EL- 837.80 BOTTOM EL'- 836.35 OUTLET. 838.35 PROPOSED DETENTION BASIN NOTES I. DESIGN PARMETBRSI A. OUSTING SITE - S YEAR STORM 5. FULLY IMPROVED ERE - TO YEAR STORM L ALLOWABLE SITE RELEASE A E YEAR STORM -1.46 CFS 1. TOTALStOROE VOLUME REQUIRED. 7446011010 FEET 4, C W TIDAL STORM DURATION -14 MINUTES N. TOTAL DETENTION STORAGE PROVIDES 1462 CU FT 0 67740 POOL ELEVATION NORTH 0 25 50 100 HIIIIIMIUI �,sssAssIclt,',� Q?.. ..... •.; Y� ;WO;'Licensed , az• 15557 : i• O. Jim D. .^= s#J •. Ellis •'0ga ''syn*'•• ..... •' *i ''*colli limna°v,` I hereby certify shot title engineering document ems prepOred by me or under my dlr,cl personal supaMslon nd Alot I om o dub' Iceneed Profesetonol Enginen under therl'o s of the Slale OI lata. / / 'J, 9. ��J,'_ 6, ii Z/OZ „I D. ELLIS. P.E. t DATE License number 15557 My 0cane renewal dote is December 31, 2008 Noes or sheets Covered by this seal: SL...- "- I DC7] ] SITE PLAN STAINLESS PLUS sem, ` YJ Engineering C• _" 1501 Technology Parkway ��'�' % Cedar Falls, Iowa — 319-266-5829 `J SCOTS e drawn ay 5�. i tlois 5 S-72-0! revisions date J 13 APPLICATION FOR REZONING St't .Pk CITY OF WATERLOO PLANNING, PROGRAMMING, AND ZONING COMMISSION WATERLOO, IOWA 319.291.4366 1. APPLICATION INFORMATION: a. Applicant's name (please print): 5 f q,'rJ / s Ani eS fMe�S <LC C/9 �,f4,r.e� c ufL4L Address: g!/ ELL 1-07-7- C T Phone: 3/9- a96 - 23I rt Fax: 319- :1.91c • 23 90 City: We4.froi * State: M} Zip: 6-O7 t97 b. Status of applicant: (a) Owner (b) Other (CHECK ONE): If other explain: c. Property owner's name if different than above (please print): Address: Phone: Fax: City: State: Zip: 2. PROPERTY INFORMATION: a. General location of property to be rezoned: i -LL i oft C'r .. Ce41140, %ry'aie. , 8 I I E I a„k 3g3 L a✓ "Tetrai.-e_ i, b. Legal description of property to be rezoned: PatrCe I B of 61.4 rue./ 12cc ,C)ec..2004 -o 2.3% *W. 4 r pud--1 e f S R J/4l Sec '2 T Sig R 1 S=S c f a /c,mt o{ c✓ I -4 %-v c9'F Sr s 0.503 r- t #J eF Ne ly Row Lra•e of C t d..i- T &e iu ce pt? Tti P Sy h.,lw y°YSete /it..93 0- fig N /06. 30 F+ 1I,g7 De' 56 e.,rw 49! Sec- l4/ ecw / ite.`rb Ff It' a,'d w Awe mf lilt fit 5 9'2 F+ % PT e Re, c Cc,'cr c. Dimensions of Proposed Zoning Boundary (Excluding Right of Way): loo.3 7( / 76.92 d. Area of Proposed Zoning Boundary (Excluding Right of Way): I o© •3I 47L . 41 e. Current zoning: A - ? Requested zoning: C I - C 2 f. Reason(s) for rezoning and proposed use(s) of property: ifte..v.we 140 use- ar„ci ,fes iNs * It par k: As L,o 4- (lbtS.�+LS� i5' 5 � Ykt.n �wa�,uQ - : 60'K -to 'adl t ' i '\ a .6- .c✓k ��"3 .pr. k+(As &.).". g. Conditions (if any) agreed to: h. Other pertinent information (use reverse side if necessary): Please Note: If applicant is not the owner of the property, the signature of the owner must be secured. If it is the intent to subdivide (split) any land, vacant or improved in conjunction with this request it must go through a platting process (separate from rezone request). The filing fee of $300 + $10 per acre ($750 max) (payable to the City of Waterloo) is required (round amount down to nearest $10 increment), This fee is non-refundable. Under no condition shall said sum or any part thereof be refunded for failure of said amendment to be enacted into law. Any major change in any of the information given will require that the request go back through the process, with a new filing fee. If the request is denied no new petition covering the same or portion of the same property shall be filed with or considered by the Planning, Programming, and Zoning Commission until four (4) months have elapsed from the date of denial by the Waterloo City Council. The undersigned certify under oath and under the penalties of perjury that all information on this request and submitted along with it is true and correct. All information submitted will be used by the Waterloo Planning, Programming, and Zoning Commission and the Waterloo City Council in making their decision. The undersigned authorize City Zoning Officials to enter the property in question in regards to the request. ---e C tt--- / /(efi tit �ur V6fiti gnature of Applicant Date Si ature of Owner Date 14 3533 Cedar Terrace Drive C-1, C -Z Site Plan Amendment 15 e2of2 xhibi A ed '• `ul That partoof the South 1/2 of the Southeast Quarter of Section 7, Township 88 North, Range 12 West of the 5th P.M., Black Hawk County, Iowa, described as follows: Beginning at the point of intersection of the West line of said Quarter and the NE-ly right-of-way line of County Road No. 258 (Cedar Terrace Drive); thence North 00°00' East, 174.33 feet, along said West line; thence South 84°54'49" East, 176.92 feet; thence North 00°00' East, 99.84 feet; thence North 90° East, 124.57 feet; thence South 00°00' West, 481.73 feet, to the NE-Iy right-of-way line of said Road; thence North 53°25'02" West, along said right-of-way line, to the point of beginning. AND Parcel "B" of Survey recorded in Doc # 2004-02281 of part of the Southeast Quarter of Section No. 7, Township No. 88, Range No. 12 West of the Fifth Principal Meridian in the City of Waterloo, Black Hawk County, Iowa � Subject to highways and easements of record. Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-139 RESOLUTION FIXING THE TIME AND PLACE OF HEARING AND NOTICE TO BE GIVEN ON THE REQUEST OF STAINLESS INVESTMENTS, LLC FOR A SITE PLAN AMENDMENT TO THE "C -1,C -Z" CONDITIONAL ZONING DISTRICT FOR PROPERTY LOCATED AT 3533 CEDAR TERRACE DRIVE, AS MARCH 10, 2014, AT 5:30 P.M. IN CITY HALL COUNCIL CHAMBERS, WATERLOO, IOWA, AND INSTRUCTING THE 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 10th day of March, 2014, for the purpose of considering the request of Stainless Investments, LLC for a site plan amendment to the "C -1,C -Z" Conditional Zoning District for property located at 3533 Cedar Terrace Drive, to allow for a 20' x 60' (1,200SF) addition to the existing building, as well as expand a vehicular area, and legally described as follows: That part of the South of the Southeast Quarter of Section 7, Township 88 North, Range 12 West of the 5th P.M., Black Hawk County, Iowa, described as follows: Beginning at the point of intersection of the West line of said Quarter and the NE-ly right-of-way line of County Road No. 258 (Cedar Terrace Drive); thence North 00°00' East, 174.33 feet, along said West line; thence South 84°54'49" East, 176.92 feet; thence North 00°00' East, 99.84 feet; thence North 90° East, 124.57 feet; thence South 00°00' West, 481.73 feet, to the NE-ly right-of-way line of said Road; thence North 53°25'02" West, along said right-of-way line, to the point of beginning. AND Parcel "B" of Survey recorded in Doc #2004-02281 of part of the Southeast Quarter of Section No. 7, Township No. 88, Range No. 12 West of the Fifth Principal Meridian in the City of Waterloo, Black Hawk County, Iowa. Subject to highways and easements of record. 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 24th day of February, 2014. rnest G. Clark, Mayor ATTEST: uzy Scares, CMC City Clork Mayor BUCK CLARK COUNCIL MEMBERS DAVID JONES Ward I CAROLYN COLE Ward 2 HAROLD GETTY Ward 3 QUENTIN HART Ward 4 RON WELPER Ward 5 BOB GREENWOOD At -Large STEVE SCHMITT At -Large CI E -,L y IOWA COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319) 291-4366 Fax (319) 291-4262 . • NOEL C. ANDERSON, Community Flaming& Development Director CITY OF WATERLOO Council Communication City Council Meeting: February 24, 2014 Prepared: February 19, 2014 Dept. Head Signature: Noel Anderson, Community Planning & Development Director # of Attachments: 1 SUBJECT: Adopt a resolution approving the Memorandum of Agreement Regarding Prorating of Real Estate Taxes between the City of Waterloo and L & H Farms, Ltd., and authorize the Mayor and City Clerk to sign and fully execute any necessary documents. Submitted by: Noel Anderson, Community Planning and Development Director Recommended City Council Action: Resolution approving the document Summary Statement: Due to the complexity of the transaction for the City's acquisition of land (multi-year contract, exchange agreement with other properties, etc.) the attorney feel it is in the best interest of both parties to have this agreement to better determine the proration of taxes calculations. The purpose of the Agreement is to confirm the parties' agreement regarding the manner in which real estate taxes will be prorated. The parties acknowledge that the Exchange Agreement requires that taxes for the Real Estate are to be prorated to the closing date for the sale and purchase of the Real Estate, i.e., March 1, 2014. Expenditure Required. NA Source of Funds: NA Policy Issue: Economic development - legal paperwork Alternative: NA Background Information: The acquisition of this land, through the use of TIF funds, helps the City of Waterloo competitively go after larger projects, which will ultimately bring new jobs, new businesses, and new tax base to the community. CITY WEBSITE: www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Aetion Employer MEMORANDUM OF AGREEMENT REGARDING PRORATING OF REAL ESTATE TAXES This Agreement is entered into as of February , 2014, by and between L & H Farms, Ltd. ("L&H") and the City of Waterloo, Iowa ("City"). RECITALS A. L&H and City are parties to a certain Exchange Agreement by which L&H will convey to City, as part of an exchange of like -kind real estate, certain real property described as: the South 140.5 feet of the North 498.75 feet of the North Half of the Southwest Quarter (N '/2 SW '/4) in Section No. 9, Township No. 88 North, Range No. 13 West of the Fifth Principal Meridian, Black Hawk County, Iowa, EXCEPT that part thereof conveyed to the City of Waterloo in a deed filed March 14, 2012 as Doc. No. 2012-16922 in the Office of the Black Hawk County Recorder (the "Real Estate"). B. The purpose of this Agreement is to confirm the parties' agreement regarding the manner in which real estate taxes will be prorated. The parties acknowledge that the Exchange Agreement requires that taxes for the Real Estate are to be prorated to the closing date for the sale and purchase of the Real Estate, i.e., March 1, 2014. AGREEMENT NOW, THEREFORE, in consideration of the mutual promises exchanged herein, and for other consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree that L&H will pay the full tax bills for the Real Estate that are due on or before March 31, 2014 and September 30, 2014. Concurrently with said payment, L&H will also deliver a check in the amount of $ , payable to the Black Hawk County Treasurer, to the office of City's legal counsel, namely, Clark Butler Walsh & Hamann, 315 E. 5th Street, Waterloo, Iowa, 50703, Attn: Chris Wendland. City's legal counsel will be responsible for remittance of said check to the treasurer's office as a prepayment of L&H's prorated share of the March 2015 tax installment. The parties acknowledge that the sum of $ is a good -faith estimate based on currently available information. The parties also acknowledge that, when tax bills are issued in August 2015, the Real Estate will not be taxed as a separate parcel from the larger parcels of which it is a portion, but that the treasurer's office has indicated that taxes otherwise attributable to the Real Estate will not be included in said tax bills for the larger parcels. The August 2015 tax bills for the larger parcels will be the full and sole responsibility of L&H. The parties agree to cooperate reasonably and in good faith, and to take such further steps as may be reasonably necessary or advisable, to carry out the purpose and intent of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement by their duly authorized representatives as of the date first set forth above. L & H FARMS, LTD. CITY OF WATERLOO, IOWA By: By: Curtis G. Hollis, President Ernest G. Clark, Mayor Attest: Suzy Schares, City Clerk Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-140 RESOLUTION APPROVING MEMORANDUM OF AGREEMENT REGARDING PRORATING OF REAL ESTATE TAXES WITH L & H FARMS, LTD. OF WATERLOO, IOWA AND DIRECTING EXECUTION OF SAID MEMORANDUM OF AGREEMENT BY MAYOR. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Memorandum of Agreement Regarding Prorating of Real Estate Taxes dated February 24, 2014, to prorate real estate taxes in conjunction with an Exchange Agreement, by and between L & H Farms, Ltd. of Waterloo, Iowa and the City of Waterloo, Iowa, be and the same is hereby approved, and the Mayor and City Clerk authorized to execute the same in behalf of the City of Waterloo, Iowa. PASSED AND ADOPTED this 24th day of February, 2014. Ern -s G. Clark, Mayor ATTEST: zy Schaes, CMC City Cler CITY OF WATERLOO Council Communication City Council Meeting: February 24, 2014 Prepared: February 19, 2014 Dept. Head Signature: Eric Thorson, PE., City Engineer # of Attachments: SUBJECT: F.Y. 2014 BLOWERS CREEK STORM WATER LIFT STATION AND DRY RUN CREEK IMPROVEMENTS CONTRACT NO. 842 NOTICE OF INTENT FOR NPDES COVERAGE UNDER GENERAL PERMIT TO THE IOWA DEPARTMENT OF NATURAL RESOURCES Submitted by: Jamie Knutson, P.E., Associate Engineer Recommended City Council Action: It is recommended that the Mayor be authorized to sign this Notice of Intent for NPDES Coverage Under General Permit to the Department of Natural Resources. Summary Statement Attached is the "NOTICE OF INTENT FOR NPDES COVERAGE UNDER GENERAL PERMIT" for storm water discharges associated with the above referenced project. This document has been reviewed by this office and is recommended for approval by the City Council. Expenditure Required $175.00 Source of Funds EDA and CDBG funding Policy Issue N/A Alternative None Background Information: CITY OF WATERLOO Council Communication City Council Meeting: February 24, 2014 Prepared: February 19, 2014 Dept. Head Signature: Eric Thorson, PE., City Engineer # of Attachments: SUBJECT: F.Y. 2014 BLOWERS CREEK STORM WATER LIFT STATION AND DRY RUN CREEK IMPROVEMENTS CONTRACT NO. 842 NOTICE OF INTENT FOR NPDES COVERAGE UNDER GENERAL PERMIT TO THE IOWA DEPARTMENT OF NATURAL RESOURCES Submitted by: Jamie Knutson, P.E., Associate Engineer Recommended City Council Action: It is recommended that the Mayor be authorized to sign this Notice of Intent for NPDES Coverage Under General Permit to the Department of Natural Resources. Summary Statement Attached is the "NOTICE OF INTENT FOR NPDES COVERAGE UNDER GENERAL PERMIT" for storm water discharges associated with the above referenced project. This document has been reviewed by this office and is recommended for approval by the City Council. Expenditure Required $175.00 Source of Funds EDA and CDBG funding Policy Issue N/A Alternative None Background Information: IOWA DEPARTMENT OF NATURAL RESOURCES ENVIRONMENTAL PROTECTION DIVISION NOTICE OF INTENT FOR NPDES COVERAGE UNDER GENERAL PERMIT CASHIER'S USE ONLY, 0253-542-SW08-0581 Authorization # Name No.1 FOR "STORM WATER DISCHARGES ASSOCIATED WITH INDUSTRIAL ACTIVITY" or No. 2 FOR "STORM WATER DISCHARGES ASSOCIATED WITH INDUSTRIAL ACTIVITY FOR CONSTRUCTION ACTIVITIES" or No. 3 FOR "STORM WATER DISCHARGE ASSOCIATED WITH INDUSTRIAL ACTIVITY FOR ASPHALT PLANTS, CONCRETE BATCH PLANTS, ROCK CRUSHING PLANTS, AND CONSTRUCTION SAND AND GRAVEL FACILITIES." PERMIT INFORMATION Has this storm water discharge been previously permitted? ❑ Yes ✓❑ No If yes, please list authorization number Under what General Permit are you applying for coverage? General Permit No. 1 ❑ General Permit No. 2 General Permit No. 3 ❑ PERMIT FEE OPTIONS For coverage under the NPDES General Permit the following fees apply: ✓❑ Annual Permit Fee $175 (per year) Maximum coverage is one year. ❑ 3 -year Permit Fee $350 Maximum coverage is three years. ❑ 4 -year Permit Fee $525 Maximum coverage is four years. ❑ 5 -year Permit Fee $700 Maximum coverage is five years. Checks should be made payable to: Iowa Department of Natural Resources. FACILITY OR PROJECT INFORMATION Enter the name and full address/location (not mailing address) of the facility or project for which permit coverage is requested. NAME: Blowers Creek Storm Water Lift Station STREET ADDRESS OF SITE: Located West of 3215 Lafayette Street a ong Blowers Creek CITY: Waterloo COUNTY: Black Hawk STATE: Iowa ZIP CODE: 50707 CONTACT INFORMATION Give name, mailing address and telephone number of a contact person (Attach additional information on separate pages as needed). This will be the address to which all correspondence will be sent and to which all questions regarding your application and compliance with the permit will be directed. NAME: Jamie Knutson ADDRESS: 715 Mulberry Street CITY: Waterloo STATE: Iowa ZIP CODE: 50703 TELEPHONE (319 ) 291-4312 Check the appropriate box to indicate the legal status of the operator of the facility. ❑ Federal ❑ State 0 Public ❑ Private ❑ Other (specify) 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. 05/2011 cmz Be sure to complete both sides of this form DNR Form 542-1415 PUBLIC NOTICE OF STORM WATER DISCHARGE The City of Waterloo plans to submit a Notice of Intent to the Iowa Department of Natural Resources to be covered under the NPDES General Permit No. 2 "Storm Water Discharge Associated With Industrial Activity for Construction Activities" The storm water discharge will be from construction of Blowers Creek Storm Water Lift Station. Located in the NW 1/4 Section 32, Township 89N, Range 12W in Black Hawk County, Iowa Storm water will be discharged from 2 point source(s) and will be discharged to the following streams: Unnamed drainageways to Blowers Creek ultimately to the Cedar River. Comments may be submitted to the Storm Water Discharge Coordinator, Iowa Department of Natural Resources, Environmental Protection Division, 502 E. 9th Street, Des Moines, IA 50319-0034. The public may review the Notice of Intent from 8 a.m. to 4:30 p.m., Monday through Friday, at the above address after it has been received by the department. STATE OF IOWA, } Black Hawk County, SS PUBLIC NOTICE OF STORM WATER DISCHARGE The City of Waterloo plans to submit a Notice of intent to the Iowa Department of Natural Resources to be covered un- der the NPDES General Permit No.2 "Storm Water Discharge Associated with Industrial Activity for Construction Activities" The storm water discharge will be from construction of Blowers Creek Storm Water Lift Station. Located in the NW %a Section 32, Town- ship 89N, Range 12W in Black Hawk County, Iowa Storm water will be discharged from 2 point source(s) and will be discharged to the following streams: Unnamed drainageways to Blowers Creek ultimately to the Cedar River. Comments may be submitted to the Storm Water Discharge Coordinator, Iowa Department of Natural Resources, Environmental Protection Division, 502 E. 9th Street, Des Moines, IA 50319- 0034. The public may review the Notice of Intent from 8 a.m. to 4:30 p.m., Mon- day through Friday, at the above address after it has been received by the department. I do solemnly swear that the annexed copy of legal City of Waterloo Storm Water Discharge Notice was published in the Waterloo -Cedar Falls Courier, a daily newspaper printed in Waterloo, Black Hawk County, Iowa, once commencing on the 26th day of February, 2014 in the name of said newspaper, and that the annexed rate of advertised is the regular legal rate of said newspaper, and that the following is a correct bill for publishing said notice. Printer's Bill $13.88 Signed Subscribed and sworn to before me this ,) Day of \(fC )L A.D., 20 t4 gar411.0* T JODI E MCKINSTRY COMMISSION NO.782413 MY « ON EXPIRES Received of Ci,OE Vl1 Notary Public the sum of Dollars. In full for publication of the above notice. Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-141 RESOLUTION APPROVING NOTICE OF INTENT FOR NPDES COVERAGE UNDER GENERAL PERMIT WITH IOWA DEPARTMENT OF NATURAL RESOURCES AND DIRECTING EXECUTION OF SAID NOTICE OF INTENT BY MAYOR. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Notice of Intent for NPDES Coverage Under General Permit dated February 24, 2014, for storm water discharges in conjunction with the F.Y. 2014 Blowers Creek Storm Water Lift Station and Dry Run Creek Improvements, Contract No. 842, by and between the Iowa Department of Natural Resources and the City of Waterloo, Iowa, be and the same is hereby approved, and the Mayor authorized to execute the same in behalf of the City of Waterloo, Iowa. PASSED AND ADOPTED this 24th day of February, 2014. ,_6L44 Ernest G. Clark, Mayor ATTEST: Suzy Sch res, CMC City Cle k 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 CITY CLERK AND FINANCE DEPARTMENT 715 Mulberry Street • Waterloo, IA 50703 • (319) 291-4323 Fax (319) 291-4571 SUZY SCHARES • City Clerk MICHELLE WEIDNER, CPA • Chief Financial Officer Council Communication City Council Meeting: Prepared: Dept. Head Signature: Number of Attachments: SUBJECT: Submitted by: February 24, 2014 February 19, 2014 , triluiL60,66a/tot.) One Travel Policy Amendment Michelle Weidner, CFO Recommended City Council Action: I recommend that the city council adopt a resolution approving an amendment to the city travel and meetings guidelines. Summary Statement: The amendment addresses situations where employees travel for time periods exceeding five days. Employees will be expected to look for extended -stay lodging including cooking facilities. Meal reimbursements will then be paid at a flat rate of $25 per day. Reimbursements for non-work/class days will be made only if less expensive than reimbursing for costs to return home for those days. Secondarily, I would also like to change the per diem meal reimbursement provision of the policy. Most departments do not use the per diems, which are discouraged by the Finance Department. However, in cases where it is requested, it would simplify the system if we use the same per diem amount, regardless of the size of the city the employee travels to. We want to clarify that the total per diem would be $30 per day regardless of location and that the per diem is pro -rated for travel days. Expenditure Required: There is no cost to adopt this policy, although it is expected to reduce travel expenses paid by the city. Source of Funds: N/A Policy Issue: The city's existing travel policy was designed for short-term trips where cooking facilities aren't provided or practical. The policy needs to be amended to address situations where travel includes more than a five-day period. Alternative: Reimbursements could be made at higher cost to the city's taxpayers. Background Information: The intent of the City's existing travel policy is to permit employees to be reimbursed for reasonable costs incurred while traveling on city business while being prudent consumers of taxpayer dollars. This amendment addresses situations not currently addressed adequately in the policy. CITY WEBSITE: www.cityofwaterlooiowa.com WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer TRAVEL AND MEETING GUIDELINES — Amendment # 1 — Dated February 24, 2014 Travel Requiring Stays of More than One Week On occasions when employees are attending training or traveling on city business for more than a five-day period, accommodations with cooking facilities should be used whenever possible. In that event, meal reimbursements will be paid using a flat fee of $25 per day. In cases where an employee's travel is longer than a five-day period and includes days that are not either work or class days, the city reimbursement shall follow these guidelines. If it's more economical to pay any additional lodging costs and additional meal costs than to pay travel expenses to return home for those days (typically the weekend), the city will pay the additional costs if the employee chooses to remain at the travel site. If it's more economical to return home for those days, the city will not reimburse the employee for the additional lodging and meals for the non work/class days. Meal Allowances In lieu of turning in actual expenses, a per diem of $30 per day (including beverages, taxes and gratuities) is allowed for meals. IRS regulations require that the employee be traveling for a full 24-hour period in order to receive the full daily per diem. Therefore, for the day that the employee leaves, the per diem will be reduced to the portion of the day needed for travel (typically reduced to 75% of the daily per diem amount). For the day that the employee returns home, the per diem will be reduced to the portion of the day spent in class or in route (typically reduced to 60% of the daily per diem amount). Because of reimbursement limitations by other agencies or other budget constraints, department heads may authorize lower meal allowances. Any reimbursements exceeding departmental allowances require approval by the department head. In any event, reimbursements cannot exceed amounts established by city policy. General • If meals are provided without charge at a meeting or while in transit (meals served on a plane, for example), appropriate deductions must be made from the per diem meal allowance. Approved by the City Council a•41-2-166 Travel and Meetings Policy Amendment # 1 Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-142 RESOLUTION APPROVING AMENDMENT #1 TO THE CITY TRAVEL AND MEETINGS GUIDELINES FOR THE CITY OF WATERLOO, IOWA. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the attached Amendment #1 to the City Travel and Meetings Guidelines for the City of Waterloo, Iowa, be and the same is hereby approved. PASSED AND ADOPTED this 24th day of February, 2014. Ernest G. Clark, Mayor ATTEST: Suzy Schq.res, CMC City Clefk TRAVEL AND MEETING GUIDELINES — Amendment # 1 — Dated February 24, 2014 Travel Requiring Stays of More than One Week On occasions when employees are attending training or traveling on city business for more than a five-day period, accommodations with cooking facilities should be used whenever possible. In that event, meal reimbursements will be paid using a flat fee of $25 per day. In cases where an employee's travel is longer than a five-day period and includes days that are not either work or class days, the city reimbursement shall follow these guidelines. If it's more economical to pay any additional lodging costs and additional meal costs than to pay travel expenses to return home for those days (typically the weekend), the city will pay the additional costs if the employee chooses to remain at the travel site. If it's more economical to return home for those days, the city will not reimburse the employee for the additional lodging and meals for the non work/class days. Meal Allowances In lieu of turning in actual expenses, a per diem of $30 per day (including beverages, taxes and gratuities) is allowed for meals. IRS regulations require that the employee be traveling for a full 24-hour period in order to receive the full daily per diem. Therefore, for the day that the employee leaves, the per diem will be reduced to the portion of the day needed for travel (typically reduced to 75% of the daily per diem amount). For the day that the employee returns home, the per diem will be reduced to the portion of the day spent in class or in route (typically reduced to 60% of the daily per diem amount). Because of reimbursement limitations by other agencies or other budget constraints, department heads may authorize lower meal allowances. Any reimbursements exceeding departmental allowances require approval by the department head. In any event, reimbursements cannot exceed amounts established by city policy. General • If meals are provided without charge at a meeting or while in transit (meals served on a plane, for example), appropriate deductions must be made from the per diem meal allowance. Approved by the City Council Travel and Meetings Policy Amendment # 1 CITY OF WA I'FRLOO Ordinance Committee and Council Communication City Council Meeting: February 10, 2014 Prepared: December February 4, 2014 Dept. Head Signature: # of Attachments: `-- SUBJECT: Submitted by: Chapter 7 Rental Inspection Program Ordinance Craig Clark — Building Official/Maintenance Administrator Recommended City Council Action: Approve new ordinance - Chapter 7 Rental Inspection Program Background Information: This ordinance will help improve rental property in the City of Waterloo and align us with other jurisdictions in Iowa. Our previous ordinance is outdated and had not been changed since 1981. The new ordinance will help us track rental properties and perform inspections in a more professional manner. Prepared by Carol Failor, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703. ORDINANCE NO. AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF WATERLOO, BY REPEALING CHAPTER 7, HOUSING, OF TITLE 9, BUILDING REGULATIONS, OF THE CODE OF ORDINANCES OF THE CITY OF WATERLOO; AND ENACTING IN LIEU THEREOF A NEW CHAPTER 7, RENTAL HOUSING, OF TITLE 9, BUILDING REGULATIONS, OF THE CODE OF ORDINANCES OF THE CITY OF WATERLOO, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, as follows: That Chapter 7, Housing, of Title 9, Building Regulations, of the Code of Ordinances of the City of Waterloo is hereby repealed in its entirety; and that a new Chapter 7, Rental Housing, of Title 9, Building Regulations, of the Code of Ordinances of the City of Waterloo is hereby enacted in lieu thereof as follows: Chapter 7 Rental Housing 9-7-1: TITLE: This chapter shall be known as the Waterloo Rental Housing Code and will be cited as the housing code. 9-7-2: PURPOSE: The purpose of this code is to provide minimum standards to safeguard life, limb, health, property and public welfare by regulating and controlling the use, occupancy, location and maintenance of all residential buildings and structures for rental within this jurisdiction, and to establish a program of regular rental inspections. Ordinance No. Page 2 9-7-3: DEFINITIONS: When used in this chapter, the following terms and words shall have the following meanings, unless the context clearly indicates that a different meaning is intended. DWELLING: Any building, structure, or portion thereof which is occupied as, or designed or intended for occupancy as, a place for human residence, including sleeping quarters and bathroom or kitchen facilities. LANDLORD: The owner of a rental unit. Landlord is also referred to in this chapter as owner, operator, licensee and applicant. LICENSING OFFICER: The Waterloo City Clerk and his or her designee. RENTAL UNIT: Any dwelling, duplex, multiple dwelling, condominium, dwelling unit, rooming unit, or sleeping unit which is not eligible for the Iowa homestead credit for property tax purposes, or single -dwelling portions of a duplex or multiple dwelling that are not occupied by the owner of the property, and which requires a payment in money or services to be made to the owner for the possession or use thereof. RESPONSIBLE LOCAL AGENT: A designated agent of a landlord who is responsible for fulfilling the landlord's duties with regard to landlord's rental units. Also referred to herein as an agent. 9-7-4: LANDLORD LICENSE REQUIREMENT: A. No person shall lease, rent, or otherwise allow a rental unit to be occupied without a current landlord license obtained from the City Clerk under the provisions of this chapter. B. In order to be granted a landlord license an applicant must register all rental units(s) for which the applicant is the owner or responsible local agent by completing and filing a rental permit registration form with the City Clerk, as provided in this chapter, and paying all fees required by this Code. C. The requirements to receive a landlord license include the following: 1. All requirements of Section 9-7-7 pertaining to inspections have been met; 2. All fees for the registration of the rental unit(s) and license have been paid in full; 3. All judgments of any nature in the City's favor and against the applicant have been paid in full; 4. The applicant has provided the licensing officer the name(s), address and telephone number(s) of the individual(s) responsible for the maintenance and management of the registered premises; Ordinance No. Page 3 5. All requirements of Section 9-1 B are met on all rental properties owned by the landlord. D. Issuance of License. If the licensing officer concludes as a result of the information contained in the application that the requirements for a landlord license have been met, then the licensing officer shall issue the landlord license, otherwise the licensing officer shall issue a notice of denial. E. License Term. A landlord license shall be valid for no more than one (1) year. All licenses shall expire on December 31 of each year. The landlord or responsible local agent shall re -apply for a license no later than November 1. E. A landlord license fee and renewal fees shall be established by resolution of the city council. 9-7-5: RENTAL REGISTRATION PERMIT: A. No person shall lease, rent, or otherwise allow a rental unit within the City to be occupied without first obtaining or renewing a rental registration permit from the City and designating a responsible local agent. All rental units must be registered annually as required by this chapter. 1. Registration Forms. Application for registration shall be made upon current forms furnished by the City and shall, at minimum, require all of the following information. a. The name of the apartment house or complex, if any; b. The street address and block and lot number of the rental unit(s); c. The year originally built or replaced; d. The number and types of rental units within the rental property; e. The number of bedrooms and bathrooms in each unit; f. The maximum number of tenants permitted for each rental unit in accordance with the adopted International Property Maintenance Code or other applicable codes; g The name, address, telephone number and, where applicable, an e-mail address, mobile telephone number, and facsimile number, of the person or agent authorized to collect rent from the tenants; h. The name and contact information for the person who is responsible for yard maintenance and trash collection, and indication of whether such person is landlord, agent, or tenant; A copy of a current valid inspection certificate for the property shall be provided with the application, but shall not be necessary in the event of a first-time application. j. Multi -unit housing — All rental units contained within a multi -unit dwelling or building may be registered on one registration form by listing individual addresses if all other required information is the same. Ordinance No. Page 4 k. Represent that the landlord has insurance in effect that insures each rental unit, and the larger building of which it may be a part, against damage to the premises, with coverage in an amount sufficient to repair damages and render the premises habitable within ninety (90) days. Landlord shall promptly provide proof of such insurance to the city clerk upon request. 2. Payment of Fees. The landlord shall have all outstanding fees, charges, and assessments owed to the City of Waterloo paid in full before issuance of any rental registration permit, except for such fees, charges or assessments which may be the subject of an active appeal. B. Accurate and Complete Information. All information provided on the registration form must be accurate and complete. No person shall provide inaccurate information for the registration of a rental unit. Failure to provide the information required for such registration shall be grounds for denial or non -renewal. The landlord or the designated responsible local agent shall sign the registration form, certifying to the accuracy and completeness of the information provided. When the owner is not a natural person, the owner information shall be that of the president, general manager or other chief executive of the organization. When more than one person has an ownership interest, the required information shall be provided on the registration form for each owner with a twenty-five percent (25%) or greater interest. C. Change in Registration Information or Transfer of Property. 1. Whenever there is a change in the information required for a permit, the landlord or responsible local agent must be re -registered within thirty (30) calendar days after any change occurs and either the permit shall be amended or a new permit shall be issued. 2. If the rental unit is sold, assigned, or otherwise transferred, the rental unit must be re -registered within thirty (30) days. 3. The landlord shall notify the City Clerk's office of any change in the designation of the responsible local agent including a change in name, address, e-mail address, telephone number, mobile telephone number or facsimile number of the designated registered local agent within thirty (30) days of the change. 4. The landlord or responsible local agent shall notify the building official of a change in the functional design characteristics of the rental unit or the maximum number of tenants permitted for each rental unit as regulated by adopted building and life safety codes. Any such change shall require appropriate inspections and issuance of a new certificate of compliance. D. Registration Term and Renewals. 1. A rental registration permit shall be valid for no more than one (1) year. All permits shall expire on December 31 of each year, or upon suspension or revocation of the landlord license of the property owner. The landlord Ordinance No. Page 5 or responsible local agent shall re -register each rental unit with the City no later than November 1. 2. Failure to register rental units by the deadline shall result in the assessment of a double registration fee. 3. Annual renewal of rental unit registrations may be expedited by submitting a City -provided affidavit form that affirms there are no changes to the previous year's registration information. The landlord or responsible local agent must review this information prior to submitting the renewal affidavit. 4. Responsible Local Agent. The responsible local agent shall be responsible for all of the following: a. Operating the registered rental unit in compliance with all applicable City ordinances; b. Providing escorted access to the rental unit for the purpose of making any and all inspections necessary to ensure compliance with applicable city ordinances; c. Maintaining a list of the names and number of occupants of each rental unit for which he or she is responsible and providing Crime Free Lease Addendum documentation upon request per incident; d. Accepting all legal notices or services of process under this chapter with respect to the rental unit. 9-7-6: DENIAL, SUSPENSION, REVOCATION OR NON -RENEWAL: A. The licensing officer or building official may revoke, suspend, deny or decline to renew any landlord license issued under 9-7-4 or any rental registration permit issued under 9-7-5 for any of the following grounds. 1. False statements on any application or other information or report required by this section to be given by the applicant or licensee. 2. Failure to pay any application, penalty, re -inspection or reinstatement fee required by this chapter or city council resolution. 3. Failure to correct deficiencies noted in notices of violation within the time specified in the notice. 4. Failure to comply with the provisions of a mitigation or remediation plan approved by the building official or designee. 5. Failure to comply with the provisions of Title VIII of the Fair Housing Act of 1968 (as amended). 6. Allowing rental units to be occupied after the tenant has violated the Crime Free Lease Addendum required by 9-7-8 and failing to take reasonable and effective remedial action when such violative conduct occurs. 7. Failure to implement the Crime Free Lease Addendum required by 9-7-8 on all new and renewal lease agreements. 8. Failure to provide proof of the insurance referred to in 9-7-5(A) upon request of the city clerk. Ordinance No. Page 6 9. Designation of a rental unit or the larger structure of which it is a part as an unsafe structure by the building official or his designee. B. Limited Defense to Adverse Action. It shall be a defense to enforcement action based on tenant violation of a Crime Free Lease Addendum if the landlord or its responsible local agent has undertaken each of the following actions. 1. Reported the violation to city police. 2. Evicted or attempted to evict the tenant by lawful means. 3. In the instance of a first offense, undertaken with diligence reasonable means to avoid a recurrence of violations on the premises by present or future tenants or occupants. C. Notice of Decision. A decision to deny, suspend, revoke or not renew a license or permit shall be in writing, delivered by ordinary mail to the address indicated on the application or license, and shall specify reasons for the action. D. Effect of Decision. Upon decision to deny, suspend, revoke or not renew a license or permit, no new application for a landlord license or a rental registration permit from the applicant or licensee for the same rental unit or multi -unit building will be accepted for a period of six (6) months from the date of the decision. After the six (6) month period has expired, the landlord may reapply for a license or permit, but approval is not automatic depending on the specific facts of the case. Further action adverse to the landlord is appealable under this chapter. No rent may be collected for any unit not covered by a valid, current permit. Until such license or permit is issued, reissued or reinstated, no new rental contracts may be entered into by the landlord or its local responsible agent for any of such landlord's rental properties, but existing rental contracts may be extended or renewed on the same terms. E. Appeals. No landlord license or rental registration permit may be finally denied, suspended, revoked or not renewed without notice and an opportunity for the applicant or holder of the license or permit to be heard. The applicant or holder of the license or permit may appeal the decision to the Housing Appeals Board as provided in 9-7-11. F. Order of precedence to deny, suspend, revoke or not renew a landlord license or rental registration permit. 1. First course of action — Rental unit registration(s) shall be denied, suspended, revoked or not renewed if an owner allows a specific property or properties to remain in violation of this chapter or otherwise in an illegal condition or status and has failed to take responsible, reasonable and verifiable actions on a timely basis to remedy the violation(s). 2. Second course of action — Landlord license shall be denied, suspended, revoked or not renewed if an owner allows repeated violations to occur and continues to allow rental unit(s) to remain in violation of this chapter Ordinance No. Page 7 or otherwise in an illegal condition or status and has failed to take responsible, reasonable and verifiable actions on a timely basis to remedy the violation(s). 9-7-7: INSPECTIONS REQUIRED: A. Rental Properties: Regular inspection on all residential rental property, including mobile homes, shall be made once every three (3) years for compliance with the building code, property maintenance code, other applicable codes, and this chapter. In addition to said codes and this chapter, the housing quality standards promulgated by the United States Department of Housing and Urban Development for use in assisted housing programs will govern to the extent not superseded by more stringent requirements of said codes and this chapter. Inspections of all properties will also be made at any time upon receipt of a complaint or request by a tenant or owner. Any rental structure receiving two (2) complaints regarding substantiated violations during any twelve (12) month period shall be put on an annual inspection schedule for three (3) years following the last substantiated complaint. B. Regular Inspections: Inspections shall be made with notice to the owner, or its responsible local agent if any, and occupant at least ten (10) days prior to the inspection being made. Inspection shall be made of each rental unit and of all common space or areas under the owner's control. C. Certificate of Inspection: 1. No person shall rent, lease or cause to be occupied any rental unit that does not possess a certificate of inspection -issued under this code. This section shall not be operable until such unit has come under the provisions of this section. 2. After passing inspection, a rental unit governed by this chapter shall be issued a certificate of inspection. 3. The landlord, or its responsible local agent if any, and occupants of rental units inspected under this chapter shall be furnished with a list of any violations and shall be advised specifically of any violations which may cause an immediate hazard to the health or safety of an occupant, with a specific time limit set for correction of the violations. D. Inspection Fees: All inspection and reinspection fees shall be paid by the owner or responsible local agent prior to the issuance of a certificate of inspection. Any inspection fee not paid within thirty (30) days shall be deemed a violation of this section. Fees shall be as follows: 1. A reinspection fee of fifty dollars ($50.00) per unit if not in compliance will be charged for each reinspection. 2. A fee of fifty dollars ($50.00) will be charged for all scheduled inspections where an appointment is not kept and the owner, local responsible agent or Ordinance No. Page 8 occupant did not make an attempt within three (3) days after the appointment to reschedule the inspection. 9-7-8: CRIME FREE LEASE ADDENDUM: A. All rental agreements commencing or renewed after the effective date of this ordinance, whether written or oral, concerning rental units that are subject of this chapter shall include a Crime Free Lease Addendum, in form and substance acceptable to the city and adopted by resolution of the city council. As a condition of any landlord license granted hereunder, the licensee shall produce any rental agreements as may be requested by the city to determine compliance with this requirement. B. Failure of the landlord to produce the Crime Free Lease Addendum upon request by the City shall be a violation of this chapter. 9-7-9: OWNER AND TENANT RESPONSIBILITIES: A. Every landlord or its agent, in addition to being responsible for maintaining each rental unit in a sound structural condition, shall be responsible for keeping that part of the building or premises which it controls in a clean, sanitary and safe condition, including the shared or public areas in a building containing two (2) or more rental units. In addition, every landlord or its agent shall comply with the provisions of Title 5, Chapter 3, Article B of this code, granting housing protections to victims of domestic violence. Tenant to maintain rental unit. The tenant shall comply with all obligations primarily imposed upon tenants by applicable provisions of building and housing codes materially affecting health and safety. 9-7-10: HOUSING APPEALS BOARD: The housing appeals board shall consist of five (5) members, three (3) of whom shall constitute a quorum. All appointments shall be for a term of three (3) years. The board shall consist of a home builder, a tenant, a landlord and two members -at -large. Each board member shall be a resident of the City of Waterloo or shall have his or her principal place of employment in the City of Waterloo. No member of said board shall serve more than two (2) consecutive terms and shall not be reappointed to a third term unless said member has not served on any board or commission of the city for a minimum of one year before reappointment to any board or commission; provided, however, that a third term may be approved upon extraordinary circumstances and/or unavailability of applicants as determined by the mayor. 9-7-11: APPEALS: Ordinance No. Page 9 A. Right of Appeal: A person aggrieved by a decision of the licensing officer or the building official may file a written appeal with the city clerk within fourteen (14) days of the postmarked date of the notice of decision. An administrative fee of fifty dollars ($50.00) must be paid when the appeal is filed. Failure to file the appeal and pay the administrative fee within said fourteen (14) days shall constitute a waiver of the right to a hearing, and the decision shall thereupon become final. B. Scheduling and Noticing Appeal for Hearing: As soon as practicable after receiving the written appeal the housing appeals board shall fix a date, time, and place for the hearing of the appeal by the board. Such date shall be not less than ten (10) days nor more than sixty (60) days from the date the appeal was filed with the city clerk and the administrative fee paid. Written notice of the time and place of the hearing shall be given at least ten (10) days before the date of the hearing to each appellant by the city clerk either by delivering a copy of such notice to the appellant personally or by mailing a copy thereof, postage prepaid, addressed to the appellant at his or her address shown on the appeal. The hearing shall be scheduled for no more than thirty (30) minutes in length, or such additional time as the board in its discretion may deem necessary. If the appellant desires additional time, he or she must make application to the board at least seven (7) days before the hearing date. C. Conduct of Hearing: At the appeal hearing the appellant shall have an opportunity to be heard and to show cause as to why such decision should be modified, extended, or overturned, or why a variance should be granted. Only those matters or issues specifically raised by the appellant shall be considered in the hearing of The appeal. The appeal hearing shall be simple and informal, without regard to technicalities of procedure or rules regarding admissibility of evidence. The board may consider any evidence it considers credible, including testimony of city employees, written summaries and other secondary sources, and give such weight to the evidence as it considers warranted. After such hearing the board, by a majority vote, may sustain, modify, extend or revoke a decision or grant or deny a variance. Such determination shall be contained in a written decision and shall be filed with the city clerk within ten (10) days after the hearing, or any continued session thereof. D. Variances or Extensions: The board, by majority vote, may grant variances or extensions of time to take corrective action. In the event that an extension or variance is granted, the board shall observe the following conditions: 1. In lieu of or in addition to administrative extensions, the board may grant an extension or extensions of time for compliance with any order or notice provided that the board makes specific findings of fact based on evidence relating to the following: a. That there are practical difficulties or unnecessary hardships in carrying out the strict letter of any notice or order; and Ordinance No. Page 10 b. That such an extension is in harmony with the general purpose and intent of this chapter in securing the public health, safety and general welfare. 2. Except under extraordinary circumstances, the extension or sum of extensions shall not exceed nine (9) months. 3. The board may grant a variance in a specific case and from a specific provision of this chapter subject to appropriate conditions; and provided the board makes specific findings of fact based on evidence presented on the record as a whole, and related to the following: a. That there are practical difficulties or unnecessary hardships in carrying out a strict letter of any notice or order; and b. That due to the particular circumstances presented, the effect of the application of the provisions would be arbitrary in the specific case; and c. That an extension would not constitute an appropriate remedy for these practical difficulties or unnecessary hardships in this arbitrary effect; and d. That such variance is in harmony with the general purpose and intent of this chapter in securing the public health, safety and general welfare. E. Staying of Order Under Appeal: Enforcement of any notice issued under this chapter shall be stayed during the pendency of a timely and properly perfected appeal therefrom. 9-7-12: VIOLATION; PENALTY. A. Except as set forth in subsection C below, any person who violates the requirements of this chapter shall be guilty of a municipal infraction, subject to prosecution and penalty in accordance with 1-3-2 of this code and further actions to deny, suspend, revoke or not renew a landlord license and/or rental registration permit as prescribed in this chapter. B. Violation correction procedures as prescribed in Section 106 and 107 of the adopted International Property Maintenance Code shall be followed unless otherwise amended by this or other provisions of this code. C. Crime Free Lease Addendum. The penalty for violation of 9-7-8 shall be as follows: 1St Offense $100 2nd Offense $200 3rd and Subsequent $500 each Ordinance No. Page 11 D. Injunction. It shall be unlawful for any person to violate, or fail to comply with, any of the requirements of this chapter. If a person has violated, or continues to violate, the provisions of this chapter, the city clerk may petition for a preliminary or permanent injunction restraining the person from activities which would create further violations or compelling the person to perform abatement or remediation of the violation. INTRODUCED: PASSED 1st CONSIDERATION: PASSED 2nd CONSIDERATION: PASSED 3rd CONSIDERATION: PASSED AND ADOPTED by the City Council of the City of Waterloo, Iowa, on the day of , 2014, and approved by the Mayor on the day of , 2014. ATTEST: Suzy Schares, CMC City Clerk Ernest G. Clark, Mayor CERTIFICATE I, Suzy Schares, City Clerk of the City of Waterloo, Iowa, do hereby certify that the preceding is a true and complete copy of Ordinance No. as passed and adopted by the Council of the City of Waterloo, Iowa, on the day of , 2014. Witness my hand and seal of office this day of , 2014. SEAL Suzy Schares, CMC City Clerk Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. ORDINANCE NO. 5202 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF WATERLOO, BY REPEALING CHAPTER 7, HOUSING, OF TITLE 9, BUILDING REGULATIONS, OF THE CODE OF ORDINANCES OF THE CITY OF WATERLOO; AND ENACTING IN LIEU THEREOF A NEW CHAPTER 7, RENTAL HOUSING, OF TITLE 9, BUILDING REGULATIONS, OF THE CODE OF ORDINANCES OF THE CITY OF WATERLOO. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, as follows: That Chapter 7, Housing, of Title 9, Building Regulations, of the Code of Ordinances of the City of Waterloo is hereby repealed in its entirety; and that a new Chapter 7, Rental Housing, of Title 9, Building Regulations, of the Code of Ordinances of the City of Waterloo is hereby enacted in lieu thereof as follows: CHAPTER 7 RENTAL HOUSING 9-7-1: TITLE: This chapter shall be known as the Waterloo Rental Housing Code and will be cited as the housing code. 9-7-2: PURPOSE: The purpose of safeguard life, regulating and maintenance of rental this code is to provide minimum standards to limb, health, property and public welfare by controlling the use, occupancy, location and all residential buildings and structures for within this jurisdiction, and to establish a program of regular rental inspections. 9-7-3: DEFINITIONS: When used in this chapter, the following terms and words shall have the following meanings, unless the context clearly indicates that a different meaning is intended. DWELLING: Any building, structure, or portion thereof which is occupied as, or designed or intended for occupancy as, a place for human residence, including sleeping quarters and bathroom or kitchen facilities. LANDLORD: to in this LICENSING designee. The owner of a rental unit. Landlord is also referred chapter as owner, operator, licensee and applicant. OFFICER: The Waterloo City Clerk and his or her RENTAL UNIT: Any dwelling, duplex, multiple dwelling, condominium, dwelling unit, rooming unit, trailers, mobile homes or sleeping unit which is not eligible for the Iowa homestead credit for property tax purposes, or single -dwelling portions of a duplex or multiple dwelling that are not occupied by the owner of the property, and which requires a payment in money or Ordinance No. 5202 Page 2 services to be made to the owner for the possession or use thereof. RESPONSIBLE LOCAL AGENT: A designated agent of a landlord who is responsible for fulfilling the landlord's duties with regard to landlord's rental units. Also referred to herein as an agent. 9-7-4: LANDLORD LICENSE REQUIREMENT: A. No person shall lease, rent, or otherwise allow a rental unit to be occupied without a current landlord license obtained from the City Clerk under the provisions of this chapter. B. In order to be granted a landlord license an applicant must register all rental units(s) for which the applicant is the owner or responsible local agent by completing and filing a rental permit registration form with the City Clerk, as provided in this chapter, and paying all fees required by this Code. C. The requirements to receive a landlord license include the following: 1. All requirements of Section 9-7-7 pertaining to inspections have been met; 2. All fees for the registration of the rental unit(s) and license have been paid in full; 3. All judgments of any nature in the City's favor and against the applicant have been paid in full; 4. The applicant has provided the licensing officer the name(s), address and telephone number(s) of the individual(s) responsible for the maintenance and management of the registered premises; 5. All requirements of Section 9-1B are met on all rental properties owned by the landlord. D. Issuance of License. If the licensing officer concludes as a result of the information contained in the application that the requirements for a landlord license have been met, then the licensing officer shall issue the landlord license, otherwise the licensing officer shall issue a notice of denial. E. License Term. A landlord license shall be valid for no more than one (1) year. All licenses shall expire on December 31 of each year. The landlord or responsible local agent shall re -apply for a license no later than November 1. E. A landlord license fee and renewal fees shall be established by resolution of the city council. 9-7-5: RENTAL REGISTRATION PERMIT: A. No person shall lease, rent, or otherwise allow a rental unit within the City to be occupied without first obtaining or renewing a rental registration permit from the City and designating a responsible local agent. All rental units must be registered annually as required by this chapter. 1. Registration Forms. Application for registration shall be made upon current forms furnished by the City and Ordinance No. 5202 Page 3 shall, at minimum, require all of the following information. a. The name of the apartment house or complex, if any; b. The street address and block and lot number of the rental unit(s); c. The year originally built or replaced; d. The number and types of rental units within the rental property; e. The number of bedrooms and bathrooms in each unit; f. The maximum number of tenants permitted for each rental unit in accordance with the adopted International Property Maintenance Code or other applicable codes; g The name, address, telephone number, email address, mobile telephone number, and facsimile number, of the person or agent authorized to collect rent from the tenants; h. The name and contact information for the person who is responsible for yard maintenance and trash collection, and indication of whether such person is landlord, agent, or tenant; i. A copy of a current valid inspection certificate for the property shall be provided with the application, but shall not be necessary in the event of a first-time application. j Multi -unit housing - All rental units contained within a multi -unit dwelling or building may be registered on one registration form by listing individual addresses if all other required information is the same. k. Represent that the landlord has insurance in effect that insures each rental unit, and the larger building of which it may be a part, against damage to the premises, with coverage in an amount sufficient to repair damages and render the premises habitable within ninety (90) days. Landlord shall promptly provide proof of such insurance to the city clerk upon request. 2. Payment of Fees. The landlord shall have all outstanding fees, charges, and assessments owed to the City of Waterloo paid in full before issuance of any rental registration permit, except for such fees, charges or assessments which may be the subject of an active appeal. B. Accurate and Complete Information. All information provided on the registration form must be accurate and complete. No person shall provide inaccurate information for the registration of a rental unit. Failure to provide the information required for such registration shall be grounds for denial or non -renewal. The landlord or the designated responsible local agent shall sign the registration form, certifying to the accuracy and completeness of the Ordinance No. 5202 Page 4 information provided. When the owner is not a natural person, the owner information shall be that of the president, general manager or other chief executive of the organization. When more than one person has an ownership interest, the required information shall be provided on the registration form for each owner with a twenty-five percent (25%) or greater interest. C. Change in Registration Information or Transfer of Property. 1. Whenever there is a change in the information required for a permit, the landlord or responsible local agent must be re -registered within thirty (30) calendar days after any change occurs and either the permit shall be amended or a new permit shall be issued. 2. If the rental unit is sold, assigned, or otherwise transferred, the rental unit must be re -registered within thirty (30) days. 3. The landlord shall notify the City Clerk's office of any change in the designation of the responsible local agent including a change in name, address, e-mail address, telephone number, mobile telephone number or facsimile number of the designated registered local agent within thirty (30) days of the change. 4. The landlord or responsible local agent shall notify the building official of a change in the functional design characteristics of the rental unit or the maximum number of tenants permitted for each rental unit as regulated by adopted building and life safety codes. Any such change shall require appropriate inspections and issuance of a new certificate of compliance. D. Registration Term and Renewals. 1. A rental registration permit shall be valid for no more than one (1) year. All permits shall expire on December 31 of each year, or upon suspension or revocation of the landlord license of the property owner. The landlord or responsible local agent shall re -register each rental unit with the City no later than November 1. 2. Failure to register rental units by the deadline shall result in the assessment of a double registration fee. 3. Annual renewal of rental unit registrations may be expedited by submitting a City -provided affidavit form that affirms there are no changes to the previous year's registration information. The landlord or responsible local agent must review this information prior to submitting the renewal affidavit. 4. Responsible Local Agent. The responsible local agent shall be responsible for all of the following: a. Operating the registered rental unit in compliance with all applicable City ordinances; b. Providing escorted access to the rental unit for the purpose of making any and all inspections necessary to ensure compliance with applicable city ordinances; Ordinance No. 5202 Page 5 c. Maintaining a list of the names and number of occupants of each rental unit for which he or she is responsible and providing Crime Free Lease Addendum documentation upon request per incident; d. Accepting all legal notices or services of process under this chapter with respect to the rental unit. 9-7-6: DENIAL, SUSPENSION, REVOCATION OR NON -RENEWAL: A. The licensing officer or building official may revoke, suspend, deny or decline to renew any landlord license issued under 9-7-4 or any rental registration permit issued under 9-7-5 for any of the following grounds. 1. False statements on any application or other information or report required by this section to be given by the applicant or licensee. 2. Failure to pay any application, penalty, re -inspection or reinstatement fee required by this chapter or city council resolution. 3. Failure to correct deficiencies noted in notices of violation within the time specified in the notice. 4. Failure to comply with the provisions of a mitigation or remediation plan approved by the building official or designee. 5. Failure to comply with the provisions of Title VIII of the Fair Housing Act of 1968 (as amended). 6. Allowing rental units to be occupied after the tenant has violated the Crime Free Lease Addendum required by 9-7-8 and failing to take reasonable and effective remedial action when such violative conduct occurs. 7. Failure to implement the Crime Free Lease Addendum required by 9-7-8 on all new and renewal lease agreements. 8. Failure to provide proof of the insurance referred to in 9-7-5(A) upon request of the city clerk. 9. Designation of a rental unit or the larger structure of which it is a part as an unsafe structure by the building official or his designee. B. Limited Defense to Adverse Action. It shall be a defense to enforcement action based on tenant violation of a Crime Free Lease Addendum if the landlord or its responsible local agent has undertaken each of the following actions. 1. Reported the violation to city police. 2. Evicted or attempted to evict the tenant by lawful means. 3. In the instance of a first offense, undertaken with diligence reasonable means to avoid a recurrence of violations on the premises by present or future tenants or occupants. Ordinance No. 5202 Page 6 C. Notice of Decision. A decision to deny, suspend, revoke or not renew a license or permit shall be in writing, delivered by ordinary mail to the address indicated on the application or license, and shall specify reasons for the action. D. Effect of Decision. Upon decision to deny, suspend, revoke or not renew a license or permit, no new application for a landlord license or a rental registration permit from the applicant or licensee for the same rental unit or multi -unit building will be accepted for a period of six (6) months from the date of the decision. After the six (6) month period has expired, the landlord may reapply for a license or permit, but approval is not automatic depending on the specific facts of the case. Further action adverse to the landlord is appealable under this chapter. No rent may be collected for any unit not covered by a valid, current permit. Until such license or permit is issued, reissued or reinstated, no new rental contracts may be entered into by the landlord or its local responsible agent for any of such landlord's rental properties, but existing rental contracts may be extended or renewed on the same terms. E. Appeals. No landlord license or rental registration permit may be finally denied, suspended, revoked or not renewed without notice and an opportunity for the applicant or holder of the license or permit to be heard. The applicant or holder of the license or permit may appeal the decision to the Housing Appeals Board as provided in 9-7-11. F. Order of precedence to deny, suspend, revoke or not renew a landlord license or rental registration permit. 1. First course of action - Rental unit registration(s) shall be denied, suspended, revoked or not renewed if an owner allows a specific property or properties to remain in violation of this chapter or otherwise in an illegal condition or status and has failed to take responsible, reasonable and verifiable actions on a timely basis to remedy the violation(s). 2. Second course of action - Landlord license shall be denied, suspended, revoked or not renewed if an owner allows repeated violations to occur and continues to allow rental unit(s) to remain in violation of this chapter or otherwise in an illegal condition or status and has failed to take responsible, reasonable and verifiable actions on a timely basis to remedy the violation(s). 9-7-7: INSPECTIONS REQUIRED: A. Rental Properties: Regular inspection on all residential rental property, including mobile homes, shall be made once every three (3) years for compliance with the building code, property maintenance code, other applicable codes, and this chapter. In addition to said codes and this chapter, the housing quality standards promulgated by the United States Department of Housing and Urban Development for use in assisted housing programs will govern to the extent not superseded by more stringent requirements of said codes and this chapter. Inspections of all properties will also be made at any time upon receipt of a complaint or request by a tenant or owner. Any rental structure receiving two (2) complaints regarding substantiated violations during any twelve (12) month period shall be put on an annual Ordinance No. 5202 Page 7 inspection schedule for three (3) years following the last substantiated complaint. B. Regular Inspections: Inspections shall be made with notice to the owner, or its responsible local agent if any, and occupant at least ten (10) days prior to the inspection being made. Inspection shall be made of each rental unit and of all common space or areas under the owner's control. C. Certificate of Inspection: 1. No person shall rent, lease or cause to be occupied any rental unit that does not possess a certificate of inspection issued under this code. This section shall not be operable until such unit has come under the provisions of this section. 2. After passing inspection, a rental unit governed by this chapter shall be issued a certificate of inspection. 3. The landlord, or its responsible local agent if any, and occupants of rental units inspected under this chapter shall be furnished with a list of any violations and shall be advised specifically of any violations which may cause an immediate hazard to the health or safety of an occupant, with a specific time limit set for correction of the violations. D. Inspection Fees: All inspection and reinspection fees shall be paid by the owner or responsible local agent prior to the issuance of a certificate of inspection. Any inspection fee not paid within thirty (30) days shall be deemed a violation of this section. Fees shall be as follows: 1. A reinspection fee of fifty dollars ($50.00) per unit if not in compliance will be charged for each reinspection. 2. A fee of fifty dollars ($50.00) will be charged for all scheduled inspections where an appointment is not kept and the owner, local responsible agent or occupant did not make an attempt to contact the city. 9-7-8: CRIME FREE LEASE ADDENDUM: A. All rental agreements commencing or renewed after the effective date of this ordinance, whether written or oral, concerning rental units that are subject of this chapter shall include a Crime Free Lease Addendum, in form and substance acceptable to the city and adopted by resolution of the city council. As a condition of any landlord license granted hereunder, the licensee shall produce any rental agreements as may be requested by the city to determine compliance with this requirement. B. Failure of the landlord to produce the Crime Free Lease Addendum upon request by the City shall be a violation of this chapter. 9-7-9: OWNER AND TENANT RESPONSIBILITIES: A. Every landlord or its agent, in addition to being responsible for maintaining each rental unit in a sound structural condition, shall be responsible for keeping that part of the building or premises which it controls in a Ordinance No. 5202 Page 8 clean, sanitary and safe condition, including the shared or public areas in a building containing two (2) or more rental units. In addition, every landlord or its agent shall comply with the provisions of Title 5, Chapter 3, Article B of this code, granting housing protections to victims of domestic violence. B. Tenant to maintain rental unit. The tenant shall comply with all obligations primarily imposed upon tenants by applicable provisions of building and housing codes materially affecting health and safety. 9-7-10: HOUSING APPEALS BOARD: The housing appeals board shall consist of five (5) members, three (3) of whom shall constitute a quorum. All appointments shall be for a term of three (3) years. The board shall consist of a home builder, a tenant, a landlord and two members -at -large. Each board member shall be a resident of the City of Waterloo or shall have his or her principal place of employment in the City of Waterloo. No member of said board shall serve more than two (2) consecutive terms and shall not be reappointed to a third term unless said member has not served on any board or commission of the city for a minimum of one year before reappointment to any board or commission; provided, however, that a third term may be approved upon extraordinary circumstances and/or unavailability of applicants as determined by the mayor. 9-7-11: APPEALS: A. Right of Appeal: A person aggrieved by a decision of the licensing officer or the building official may file a written appeal with the city clerk within fourteen (14) days of the postmarked date of the notice of decision. An administrative fee of fifty dollars ($50.00) must be paid when the appeal is filed. Failure to file the appeal and pay the administrative fee within said fourteen (14) days shall constitute a waiver of the right to a hearing, and the decision shall thereupon become final. B. Scheduling and Noticing Appeal for Hearing: As soon as practicable after receiving the written appeal the housing appeals board shall fix a date, time, and place for the hearing of the appeal by the board. Such date shall be not less than ten (10) days nor more than sixty (60) days from the date the appeal was filed with the city clerk and the administrative fee paid. Written notice of the time and place of the hearing shall be given at least ten (10) days before the date of the hearing to each appellant by the city clerk either by delivering a copy of such notice to the appellant personally or by mailing a copy thereof, postage prepaid, addressed to the appellant at his or her address shown on the appeal. The hearing shall be scheduled for no more than thirty (30) minutes in length, or such additional time as the board in its discretion may deem necessary. If the appellant desires additional time, he or she must make application to the board at least seven (7) days before the hearing date. C. Conduct of Hearing: At the appeal hearing the appellant shall have an opportunity to be heard and to show cause as to why such decision should be modified, extended, or overturned, or why a variance should be granted. Only those matters or issues specifically raised by the appellant shall be considered in the hearing of the appeal. The appeal hearing shall be simple and informal, without regard to Ordinance No. 5202 Page 9 technicalities of procedure or rules regarding admissibility of evidence. The board may consider any evidence it considers credible, including testimony of city employees, written summaries and other secondary sources, and give such weight to the evidence as it considers warranted. After such hearing the board, by a majority vote, may sustain, modify, extend or revoke a decision or grant or deny a variance. Such determination shall be contained in a written decision and shall be filed with the city clerk within ten (10) days after the hearing, or any continued session thereof. D. Variances or Extensions: The board, by majority vote, may grant variances or extensions of time to take corrective action. In the event that an extension or variance is granted, the board shall observe the following conditions: 1. In lieu of or in addition to administrative extensions, the board may grant an extension or extensions of time for compliance with any order or notice provided that the board makes specific findings of fact based on evidence relating to the following: a. That there are practical difficulties or unnecessary hardships in carrying out the strict letter of any notice or order; and b. That such an extension is in harmony with the general purpose and intent of this chapter in securing the public health, safety and general welfare. 2. Except under extraordinary circumstances, the extension or sum of extensions shall not exceed nine (9) months. 3. The board may grant a variance in a specific case and from a specific provision of this chapter subject to appropriate conditions; and provided the board makes specific findings of fact based on evidence presented on the record as a whole, and related to the following: a. That there are practical difficulties or unnecessary hardships in carrying out a strict letter of any notice or order; and b. That due to the particular circumstances presented, the effect of the application of the provisions would be arbitrary in the specific case; and c. That an extension would not constitute an appropriate remedy for these practical difficulties or unnecessary hardships in this arbitrary effect; and d. That such variance is in harmony with the general purpose and intent of this chapter in securing the public health, safety and general welfare. E. Staying of Order Under Appeal: Enforcement of any notice issued under this chapter shall be stayed during the pendency of a timely and properly perfected appeal therefrom. Ordinance No. 5202 Page 10 9-7-12: VIOLATION; PENALTY. A. Except as set forth in subsection C below, any person who violates the requirements of this chapter shall be guilty of a municipal infraction, subject to prosecution and penalty in accordance with 1-3-2 of this code and further actions to deny, suspend, revoke or not renew a landlord license and/or rental registration permit as prescribed in this chapter. B. Violation correction procedures as prescribed in and 107 of the adopted International Property Code shall be followed unless otherwise amended other provisions of this code. Section 106 Maintenance by this or C. Crime Free Lease Addendum. The penalty for violation of 9- 7-8 shall be as follows: 1st Offense 2nd Offense 3rd and Subsequent $100 $200 $500 each D. Injunction. It shall be unlawful for any person to violate, or fail to comply with, any of the requirements of this chapter. If a person has violated, or continues to violate, the provisions of this chapter, the city clerk may petition for a preliminary or permanent injunction restraining the person from activities which would create further violations or compelling the person to perform abatement or remediation of the violation. INTRODUCED: PASSED 1st CONSIDERATION: PASSED 2nd CONSIDERATION: PASSED 3rd CONSIDERATION: PASSED AND ADOPTED this 24th day, ATTEST: Suzy Sc .res, CMC City Clek February 1, 2014 February 1, 2014 February 17, 2014 February 24, 2014 of February, 2014. 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. 5202 as passed and adotedby the City Council of the City of Waterloo, Iowa, on the 24t day of February, 2014. Witness my hand and seal of office this 24th day of February, 2014. SEAL C to,e4- Suzy Scha4es, CMC City Cler SUMMARY OF ORDINANCE NO. 5202 ADOPTED ON FEBRUARY 24, 2014 BY THE WATERLOO CITY COUNCIL AS THE RENTAL HOUSING ORDINANCE OF THE CITY OF WATERLOO, IOWA This is a summary of the amended and restated rental housing ordinance of the City of Waterloo, Iowa (referred to below as the "Ordinance"), appearing at Chapter i 7, Title 9 of the Code of Ordinances: The general purposes of the Ordinance are to provide minimum standards to safeguard life, limb, health, property and public welfare by regulating and control- ling the use, occupancy, location and '°!PWV'�✓�R�c,rrJ��'�.,.(034'If'Otl3�,i3tlJ�S n1Y 343 pue etluoMAll!M„ AEIae3 WY' (CO sauaS PIJoM sa!ias PIioM •xos pay Uolso9 le saa)fueA'IJoA MON \IOH)'s)IueH wol (8661) Jell lop annok, s. 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MUM/ puepapuo, Le mile uodfl e3u0 (AlGH) (33) u'sropag eleN IP! sag igela° (Log) )!N ewe9 pooMApoH ma puo .(A10H) (33) (eer )N b10Z puooas •ue6!yoiW'sn [11040M luawewn, (SAO) (33) (N) uogea1oay pus sued (Aloes) (00) u (N) Al!unwwo3 STATE OF IOWA, } Black Hawk County, SS E•8 00.8 OE: L 00: L 65'9 Z1 aauapuadapul l 01'0) Zl !lOdial a6ueyo:6 3 sad PU uo!WOS r 'smog snolnaa( I do solemnly swear that the annexed copy of legal City of Waterloo Rental Housing Ordinance #5202 Notice was published in the Waterloo -Cedar Falls Courier, a daily newspaper printed in Waterloo, Black Hawk County, Iowa, once commencing on the 20th day of March, 2014 in the name of said newspaper, and that the annexed rate of advertised is the regular legal rate of said newspaper, and that the following is a correct bill for publishing said notice. Printer's Bill $72.63 isft C5-L5CCSL-k-e-A Signed Subscribed and sworn to before me this oR S Day of MrCK A.D., 20 Received of Notary Public the sum of Dollars. In full for publication of the above notice. JODI E NICKINSTIT!' MY CG IA RES CRIME FREE LEASE ADDENDUM This Addendum is part of the Rental Agreement (the "Lease") dated between the undersigned parties with reference to the property located at: In consideration of the execution or renewal of the Lease, the parties agree as follows: 1. Tenant, any members of Tenant's household, or a guest or other person under Tenant's control shall not engage in criminal activity, including drug-related criminal activity, on or near the rental premises. 2. "Criminal activity" means acts of violence or threats of violence, including but not limited to the unlawful discharge of firearms, prostitution, gambling, criminal street gang activity, intimidation, assault, or other criminal activity on or within 250 feet of the rental premises that jeopardizes the health, safety or welfare of the landlord, its agents, tenants or others. "Drug-related criminal activity" means the illegal manufacture, sale, distribution, purchase, use or possession with intent to manufacture, sell, distribute, or use a controlled substance as defined under local, Iowa or federal law, or the possession of drug paraphernalia. 3. Tenant, any member of Tenant's household, or a guest or other person under Tenant's control shall not engage in any act intended to facilitate criminal activity, including drug-related criminal activity, on or near the rental premises. 4. Tenant, any members of Tenant's household, or a guest or other person under Tenant's control, will not permit the rental premises to be used for or to facilitate criminal activity, including drug-related criminal activity, regardless of whether such activity is done by a member of the household or a guest. 5. Tenant or members of the household will not engage in the manufacture, sale or distribution of criminal drugs at any locations, whether on or near the rental premises or otherwise. 6. VIOLATION OF ANY OF THE ABOVE PROVISIONS SHALL BE A MATERIAL VIOLATION OF THE LEASE AND GOOD CAUSE FOR TERMINATION OF TENANCY. A single violation of any of the provisions of this Addendum shall be deemed a material non-compliance with the Lease. However, city code granting housing protection to victims of domestic violence shall have precedence over this Addendum to the extent applicable. Tenants agree that a single violation shall be good cause for termination of the Lease.'Unless- otherwise provided by law, proof of violation shall not require criminal conviction, but shall be by preponderance of the evidence. 7. In case of conflict between the provisions of this Addendum and any other provisions of the Lease, the provisions of this Addendum shall govern. The provisions of this Addendum are in addition to all other terms of the lease and are not intended to limit or replace other provisions or remedies. MANAGEMENT/LANDLORD TENANT(S) By: Tenant Dated: Tenant Tenant Dated: Tenant(s) acknowledge receipt of this Addendum by signature of this document. CITY OF WATERLOO Council Communication City Council Meeting: February 10, 2014 Prepared: February 5, 2014 Dept. Head Signature: # of Attachments: 1 SUBJECT: Submitted by: Crime Free Lease Addendum Craig Clark — Building Official/Maintenance Administrator Recommended City Council Action: Resolution approving the Crime Free Lease Addendum for Waterloo Housing Ordinance. Summary Statement - See attached schedule Expenditure Required Source of Funds Policy Issue Alternative Background Information: The Crime Lease Addendum is part of the Housing Ordinance that requires the Landlord to have the Crime Lease Addendum in their Lease. The attachment will standardize the form that will be used by all Landlords. Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-143 RESOLUTION APPROVING THE CRIME FREE LEASE ADDENDUM AS PART OF THE WATERLOO RENTAL HOUSING ORDINANCE. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the attached Crime Free Lease Addendum as part of the Rental Housing Ordinance, be and the same is hereby approved. PASSED AND ADOPTED this 24th day of February, 2014. iliteri D� Ernest G. Clark, Mayor ATTEST: Suzy Scares, CMC City Clerk CRIME FREE LEASE ADDENDUM This Addendum is part of the Rental Agreement (the "Lease") dated between the undersigned parties with reference to the property located at: In consideration of the execution or renewal of the Lease, the parties agree as follows: 1. Tenant, any members of Tenant's household, or a guest or other person under Tenant's control shall not engage in criminal activity, including drug-related criminal activity, on or near the rental premises. 2. "Criminal activity" means acts of violence or threats of violence, including but not limited to the unlawful discharge of firearms, prostitution, gambling, criminal street gang activity, intimidation, assault, or other criminal activity on or within 250 feet of the rental premises that jeopardizes the health, safety or welfare of the landlord, its agents, tenants or others. "Drug-related criminal activity" means the illegal manufacture, sale, distribution, purchase, use or possession with intent to manufacture, sell, distribute, or use a controlled substance as defined under local, Iowa or federal law, or the possession of drug paraphernalia. 3. Tenant, any member of Tenant's household, or a guest or other person under Tenant's control shall not engage in any act intended to facilitate criminal activity, including drug-related criminal activity, on or near the rental premises. 4. Tenant, any members of Tenant's household, or a guest or other person under Tenant's control, will not permit the rental premises to be used for or to facilitate criminal activity, including drug-related criminal activity, regardless of whether such activity is done by a member of the household or a guest. 5. Tenant or members of the household will not engage in the manufacture, sale or distribution of criminal drugs at any locations, whether on or near the rental premises or otherwise. 6. VIOLATION OF ANY OF THE ABOVE PROVISIONS SHALL BE A MATERIAL VIOLATION OF THE LEASE AND GOOD CAUSE FOR TERMINATION OF TENANCY. A single violation of any of the provisions of this Addendum shall be deemed a material non-compliance with the Lease. However, city code granting housing protection to victims of domestic violence shall have precedence over this Addendum to the extent applicable. Tenants agree that a single violation shall be good cause for termination of the Lease. Unless otherwise provided by law, proof of violation shall not require criminal conviction, but shall be by preponderance of the evidence. 7. In case of conflict between the provisions of this Addendum and any other provisions of the Lease, the provisions of this Addendum shall govern. The provisions of this Addendum are in addition to all other terms of the lease and are not intended to limit or replace other provisions or remedies. MANAGEMENT/LANDLORD TENANT(S) By: Tenant Dated: Tenant Tenant Dated: Tenant(s) acknowledge receipt of this Addendum by signature of this document. CITY OF WATERLOO Council Communication City Council Meeting: February 10, 2014 Prepared: February 5, 2014 Dept. Head Signature: -r # of Attachments: 1 SUBJECT: Submitted by: Rental Fee schedule Craig Clark — Building Official/Maintenance Administrator Recommended City Council Action: Resolution approving the Fee Schedule for the Waterloo Housing Ordinance. Summary Statement - See attached schedule Expenditure Required Source of Funds Policy Issue Alternative Background Information: The Rental ordinance does not include any fees. I have attached all fees and penalties on one attachment to make it easier for everyone involved. This proposal would include a $25 per unit cost that would help pay for the cost of performing an inspection on a rental property. RENTAL FEE SCHEDULE Rental Registration Permit $25.00 per unit per year Landlord License No Charge Initial Rental Inspection No Charge Reinspection No Charge All sequential reinspections $50.00 each Any inspection requested, but not kept by owner $50.00 each Crime Free Lease Addendum 1St Offense $100.00 2nd Offense $200.00 3rd & sequential offense(s) $500.00 each Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-144 RESOLUTION APPROVING THE RENTAL FEE SCHEDULE AND CRIME FREE LEASE ADDENDUM FEES AS PART OF THE WATERLOO RENTAL HOUSING ORDINANCE. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Rental Fee Schedule and Crime Free Lease Addendum Fees as part of the Rental Housing Ordinance, be and the same are hereby approved. Rental Fee Schedule Rental Registration Permit $25.00 per unit per year Landlord License No charge Initial Rental Inspection No charge Reinspection No charge All sequential reinspections $50.00 each Any inspection requested, but not kept by owner $50.00 each Crime Free Lease Addendum 1St Offense $100.00 2nd Offense $200.00 3rd and sequential offense(s) $500.00 each PASSED AND ADOPTED this 24th day of February, 2014. ATTEST: 4;01 Ernest G. Clark, Mayor Suzy Scha -s, CMC City Clerk CITY OF WATERLOO Council Communication City Council Meeting: February 17, 2014 Prepared: February 14, 2014 Dept. Head Signature: Suzy Schares # of Attachments: SUBJECT: AN ORDINANCE AMENDING THE 2007 CODE OF ORDINANCES OF THE CITY OF WA I ERLOO, IOWA, BY AMENDING SECTION 6 OF CHAPTER 2, NUISANCES, OF TITLE 4, PUBLIC HEALTH AND SAFETY, AND BY AMENDING SECTIONS 2, 3, 5, 6, 8 AND 10 OF CHAPTER 3, SOLID WASTE COLLECTION AND DISPOSAL, OF TITLE 4, PUBLIC HEALTH AND SAFETY. Submitted by: Mayor Buck Clark Recommended City Council Action: ADOPT AN ORDINANCE AMENDING THE 2007 CODE OF ORDINANCES OF THE CITY OF WATERLOO, IOWA, BY AMENDING SECTION 6 OF CHAPTER 2, NUISANCES, OF TITLE 4, PUBLIC HEALTH AND SAFETY, AND BY AMENDING SECTIONS 2, 3, 5, 6, 8 AND 10 OF CHAPTER 3, SOLID WASTE COLLECTION AND DISPOSAL, OF TITLE 4, PUBLIC HEALTH AND SAFETY. Summary Statement: This ordinance will transfer the solid waste division from the Waste Management Department to the Public Works Depaitalent. Expenditure Required: Background Information: CITY OF WATERLOO Council Communication City Council Meeting: February 24, 2014 Prepared: February 19,20 4 Dept. Head Signature. / " # of Attachments: SUBJECT: Ordinance Change — Animal Control Submitted by: Sandie Greco, Traffic Operations Superintendent Recommended City Council Action: Adopt Ordinance Summary Statement Changes have been made to the current Animal Control Ordinance, including an increase in fines and stricter regulations for regulated dogs. Expenditure Required N/A Source of Funds Policy Issue Alternative Background Information: City staff and volunteers have met numerous times to upgrade the current animal control ordinance. Changes were presented to council and the public making it more effective in confronting irresponsible pet owners, with increased fines and regulations. FYI — I asked Chris Wendland to add the following to the ordinance: 1. Change made to section 5-1-13(B), to add the 3 -day period. 2. New paragraph 4 added to 5 -1B -7(I), about change of address. FYI — I asked Chris Wendland to add the following to the ordinance: 1. Change made to section 5-1-13(B), to add the 3 -day period. 2. New paragraph 4 added to 5 -1B -7(I), about change of address. 5-1-1: ANIMALS AT LARGE: A. No cattle, horses, mules, swine, sheep, goats, or any geese, ducks, turkeys, chickens or other animal or fowl (hereinafter referred to as animal) shall be allowed to run at large within the city, nor shall any animal be permitted to be staked or tied out to graze on or in front of any person's premises, without the consent of such person, nor shall any animal be permitted to be staked or tied out to graze in public streets, alleys or avenues of the city. B. Any animal found in violation of the provisions of any of the subsections of this section by a sanitary inspector, animal control officer or any police officer of the city, or any other person, may be apprehended and impounded with the city, or an alternate pound or shelter designated by the city. It shall be unlawful for any person employed by the city, or any person employed by or connected with the animal pound or shelter or any society or organization operating or maintaining such pound or shelter under lease or contract with the city, to sell, give away or dispose of, through any pretext or by any device or means whatsoever, any animal impounded in such pound or shelter to any person, organization or research facility for the purpose of using such animal as food, unless such animal is of a type that is customarily used for food, or for the purpose of medical experimentation unless the research facility, person or organization desiring such animal for medical experimentation is duly approved and authorized by the state to conduct such experimentation, or for any other purpose except for pets and related activities. C. The harboring of any animal requires that the following guidelines be followed: 1. All such species must be restrained upon the owner's property and penned (housed or stabled) in such a manner that the animals will not place any person in fear of attack. 2. All animals that are included in this section shall be required to have adequate space as so designated by the zoning ordinance according to the size and needs of the various animals, and each animal shall be so restrained in an area to allow proper exercise for the particular species involved. 3. When the owner restrains (harbors) any animal in an area not adjoining the owner's residence, the owner shall post his name, address and phone number at the place where the animal is being restrained (harbored). D. Any wild, nondomestic animals, reptiles or birds, in captivity in the metropolitan area of the city, except such animals that are within the city for the purposes of display by a show, act, carnival, zoo, circus or promotional agency, which are known to be dangerous, poisonous, vicious or ferocious, shall be registered with the following agencies of the city: the animal control officer, the police department and the humane society. If such animals are in the metropolitan area as part of a show, act, carnival, zoo, circus or promotional agency, then such group shall show adequate and ample restraints placed upon the animals as to protect the health and safety of the exposed public. If such animal becomes at large within the city and poses a threat to the public, it shall be assumed that the owner has given consent to eliminate the animal with the cost to be borne by the owner. The mayor, the animal control officer or any police officer may order the elimination of such animal. E. Fees And Charges: The owner or caretaker of an animal of any type that is restrained or impounded in accordance with the provisions of this chapter shall be liable to pay all costs of impoundment. The costs of impoundment shall include all feed and boarding fees, tattoo or microchip implant fees, testing fees for rabies or other communicable diseases, fees for sedation and special handling, and charges for reasonable medical services, equipment or supplies. In addition, the owner or caretaker shall pay to the city clerk a pickup fee of twenty-five dollars ($25.00) for the first pick up which occurs in a calendar year and ten dollars ($10.00) per day for a holding fee. The pickup fee shall increase ten dollars ($10.00) for each additional pickup fee incurred within the calendar year (i.e., second pickup fee is $35.00, third pickup fee is $45.00, etc.). All fees or charges of any type or nature shall be paid in full at the time the animal is redeemed. 5-1-2: SWINE PROHIBITED; EXCEPTIONS: A. No person shall keep or harbor any pigs or have any pig pens or pig sties within the city, except as follows: 1. Nothing contained in this section shall prevent the harboring and keeping of pigs and use of pig pens and sties in connection with a general farming operation on tracts of farmland of the size of forty (40) acres or greater. 2. Nothing herein contained shall prevent the keeping of pigs and use of pig pens and sties within the confines of any meatpacking plant where such pigs have been brought for butchering and processing. 3. Nothing herein contained shall prevent the keeping of pigs which are housed at the Sunrise Exchange Club Petting Zoo. B. The provisions of this section shall be subject to the provisions of this code and other ordinances of the city relating to nuisances. 5-1-3: USE OF TRANQUILIZER GUNS AND DRUGS: A. The animal control officer, his agents or any police official shall be able to use a tranquilizer gun or any other drug to bring an animal at large under control. B. In order to use a tranquilizer gun or other drugs, the animal must be at large and pose a threat or danger to the general public or to the city officer trying to bring the animal under control. C. If it becomes necessary for the animal control department or the police department to use a tranquilizer gun or other drugs to bring an animal at large under control, the city shall not be held responsible for any damage done to the animal by the use of the tranquilizer gun or other drugs. D. The owner of the animal that needs sedation to bring it under control shall pay for costs of the sedation and for the care and feeding while the animal is under control of the city or the humane society. 5-1-4: DISPOSAL OF DEAD ANIMALS: A person caring for or owning any animal that has died shall not allow the carcass to remain about his premises. Such carcass shall be disposed of within twenty four (24) hours after death. 5-1-5: TRAPPING RESTRICTIONS: No person shall set or use any steel, claw, leghold, conibear, snare or box trap outside of any structure or building for the purpose of taking, killing, maiming, wounding, ensnaring or capturing an animal or which is injurious to persons or animals, except for the following: A. Any trapping by a governmental unit to capture animals which are creating a public nuisance or for the protection of public or property; B. Licensed pest and rodent control persons in protection of private property; 2 C. During the season allowed by the state conservation commission for taking of fur -bearing animals on parcels of land privately owned of forty (40) acres or more, or public land controlled by a governmental agency issuing such rights to trapping; D. Wire cage box traps may be used to remove nuisance pests from private property; said traps must be checked every twelve (12) hours; E. A private property owner on his private property in order to control small rodents, such as gophers, moles and other similar animals. 5-1-6: CRUELTY TO ANIMALS: No theatrical exhibit, circus, animal act or show shall be held in which animals or fowl are encouraged or made to perform through the use of chemical, electrical or mechanical means or devices. If any person shall torture, torment, mutilate, cruelly beat or cruelly kill any animal or fowl, or unnecessarily fail to provide the same with adequate feed and water, shelter or protection from the weather, or cruelly abandon the same, or shall commit any other act of omission by which unjustifiable pain, distress, suffering or death is caused or permitted to any animal or fowl, whether the acts or omissions herein contemplated be committed either maliciously, wilfully or negligently, and if any person shall knowingly permit such act or omission or shall cause or procure the same to be done, he shall be deemed guilty of a misdemeanor. 5-1-7: USE OF ANIMALS RESTRICTED: A. Artificially Colored Animals; Sale: No chick, duckling, gosling or rabbit that has been dyed or otherwise colored artificially may be sold or offered for sale, raffled, offered or given as a prize, premium or advertising device, or displayed in any store, shop, carnival or other public place. B. Use As Advertising Devices: 1. Chicks, ducklings and goslings, younger than four (4) weeks of age may not be sold or offered for sale, raffled or offered or given as a prize, premium or advertising device, in quantity of less than twelve (12) birds to an individual person unless sold by a person engaged in the business of selling chicks, ducklings and goslings for agricultural or wildlife purposes. 2. Stores, shops, vendors and others displaying chicks, ducklings or goslings to the public, shall provide and operate brooders or other heating devices that may be necessary to maintain the chicks, ducklings or goslings in good health, and shall keep adequate food and adequate water available to the birds at all times. 5-1-8: SANITARY CONDITIONS MAINTAINED: A. Sanitary Premises: It shall be unlawful for the owner, caretaker or person in charge of any dog, cat, horse or other animal to permit excrement or droppings from any of said animals to collect on the premises of said person causing odor or an unsanitary condition. Each owner, caretaker or person in charge of an animal shall prevent said animal from interfering with any neighboring residents' peaceful and quiet enjoyment of their property. B. Owner To Clean Up Droppings: It shall be unlawful for any owner, caretaker or person in charge of a dog, cat, horse or other animal to fail to clean up and/or remove as soon as possible any excrement or droppings deposited by said dog, cat, horse or other animal on any real estate, whether privately owned or publicly owned, other than on the premises of the owner, caretaker or person in charge; provided, however, that the foregoing does not apply to excrement or droppings deposited by Waterloo police dogs or horses when police officers are using said dogs or horses for official police duties. 3 C. Confined Animal Waste Disposal Systems; Exterior Residential Use Only: Anyone who owns or otherwise cares for any animal in a residential zone, as defined in the Waterloo zoning ordinance, and who intends to install a confined waste system shall conform to all of the following requirements: 1. The confined waste system container (hereinafter "container") shall have a maximum volume of two and thirty six -hundredths (2.36) cubic feet or seventeen and seventy two -hundredths (17.72) gallons. 2. The container shall be placed in an area of the property not normally occupied or used for play or recreation, and the container shall be buried so that the lid remains exposed. 3. The container shall have a waterproof lid that shall remain closed at all times. The lid may be removed only when animal excrement or droppings are deposited or added. The lid shall, thereafter, be immediately replaced. 4. Lime or activated enzymes shall be added periodically to promote the continued decomposition of waste. 5. Enforcement of this subsection shall be by the Black Hawk County health department and/or the animal control officer, as designated by the city council. 5-1-9: ANIMALS BITING PERSONS: A. Duty to Report: It shall be the duty of the owner or caretaker of any dog, cat or any other animal which has bitten or attacked a person, or of any person having knowledge of such bite or attack, to report this act to the health department, police department or animal control. It shall be the duty of physicians or veterinarians to report to the health department the existence of any animal known or suspected to be suffering from rabies. B. Confinement: When a member of the health department, police department, animal control or humane officer receives information that any person has been bitten or attacked by an animal, or that a dog, cat or other animal is suspected of having rabies, the official shall order the owner or caretaker to confine such animal in the manner and place the official directs. If the owner or caretaker fails to confine such animal in the manner directed, the animal shall be apprehended and impounded by such official, and after ten (10) days the animal may be humanely destroyed if it is not redeemed. Before such animal is returned to its owner or caretaker, all fees and charges of impoundment as set forth in section 5-1-1(E) must be paid in full. 5-1-10: NOISY OR ANNOYING ANIMALS: It shall be unlawful for the owner or caretaker of a dog, cat or other animal to permit or allow said dog, cat or other animal to cause serious annoyance or disturbance to a person or persons by frequent and habitual howling, whining, yelping, barking or other vocal emittance to the unreasonable annoyance of others. After the first written warning, residents of at least three (3) neighboring households must sign a citation or a petition. If the party charged pleads not guilty, the signatories will be asked to appear in court to testify. Proof of ownership of a dog, cat or other animal shall constitute in evidence a prima facie presumption of permission of the owner in any proceedings charging any violation of this subsection. 5-1-11: CHRONIC VIOLATORS: A. If the owner or caretaker of a dog, cat or other animal is charged or cited, more than three (3) times in any period of twelve (12) months, with a violation of this chapter that requires a service call by animal control to a specific location, a nuisance is hereby declared to exist due to excessive service calls by animal control that place an undue and inappropriate burden on the taxpayers of the city, and said 4 person shall be charged a nuisance service fee of $50.00 per hour per officer for subsequent responses involving the same person or his or her household. Any fraction of an hour is tabulated as a complete hour. B. Written notice that a person is a chronic violator of this chapter shall be directed to such person, and such notice is appealable to the city council as set forth in section 5-1-12. C. For any person whose status as a chronic violator is not overturned on appeal, any subsequent service fees chargeable to such person after the date of initial notice will be assessed against the person's property, as shown by the city's animal licensing or registration records, in the manner of a property tax if the service fees are not paid within thirty (30) days. 5-1-12: ADMINISTRATIVE PROCEDURES: A. Any notice or order issued under this chapter shall be in writing and shall be delivered either personally, by certified mail or by conspicuous posting on the entry door of the premises. A notice or order shall be deemed to have been delivered at the time of personal delivery, three (3) business days after the date of mailing, or one (1) business day after posting. B. Bonds: Any bond required by this chapter shall be in an amount totaling the current daily rate of impoundment at animal control multiplied by forty-five (45) days, but not to exceed seven hundred fifty dollars ($750.00). The bond may be filed as a cash bond or a surety bond executed by a solvent company authorized to do business in the State of Iowa and which is acceptable to the city. If the city council ultimately reverses the notice or order appealed from, all costs paid and any bond posted by the owner or caretaker shall be refunded. If the animal or dog is found to have been kept, harbored, or sheltered in violation of this chapter, any fees or charges incurred in caring for the animal or dog, as set forth in section 5-1-1(E), through the appeal process shall be charged against the bond, and the owner or caretaker shall be liable for any excess. C. Appeal Procedure: 1. Any individual or entity desiring to appeal a notice or order issued by animal control may do so by filing a written appeal with the city clerk within seven (7) days after the date of delivery of such notice or order. The notice of appeal shall state the grounds for such appeal. In addition, a filing fee of fifty dollars ($50.00) must also be paid to the city clerk for the appeal to be considered filed. 2. The hearing on the appeal shall be scheduled for a date within thirty (30) days of the receipt of notice of appeal and shall be scheduled for no more than thirty (30) minutes in length or such additional time as the city council in its discretion may deem necessary. If the appellant desires additional time, he or she must make application to the city council for an extension at least seven (7) days prior to the hearing. The appeal hearing shall be simple and informal, without regard to technicalities of procedure or rules regarding admissibility of evidence. The city council may consider any evidence it considers credible, including written summaries and other secondary sources, and give such weight to the evidence as it considers warranted. After such hearing, the city council by simple majority may affirm or reverse the finding or order of the animal control officer. Such determination shall be contained in a written decision and shall be filed with the city clerk within ten (10) days after the hearing, or any continued session thereof, and the city clerk shall deliver a copy of the decision to the appellant. 5-1-13: ENFORCEMENT: A. In addition to any police officer of this city, animal control officers shall have police powers in enforcement of this chapter; and no person shall interfere with, hinder, molest or abuse any such officer in the exercise of his or her powers. For the purpose of discharging the duties imposed by this 5 chapter and to enforce its provisions, any officer is empowered to enter upon any premises upon which a dog, cat or other animal is kept or harbored and to demand proof by the owner or caretaker of such dog, cat or other animal that the animal is licensed and has had the proper rabies vaccination tag. B. If a police officer or animal control officer shall find upon inspection of a private premises that a dog, cat or other animal has not received rabies shots, is not licensed, or has inadequate feed, water or shelter, the officer may remove said dog, cat or other animal to the city impoundment facility, with a veterinarian or at a kennel. Following impoundment, animal control shall give written notice to the owner, if known, within two (2) days. If the owner does not redeem the dog, cat or animal within five (5)ccvcn (7) days after the date of the notice, or if the owner is not known and animal control is not contacted by an owner or caretaker within three (3) days after impoundment. the animal may be humanely destroyed or, in appropriate circumstances as determined by animal control, may be disposed of by sale or by donation to a suitable animal shelter or rescue organization. Fees and charges of said removal and boarding of said animal, as set forth in section 5-1-1(E), shall be paid by the owner or caretaker of the dog, cat or other animal from whom it was taken. 5-1-14: DEFINITIONS: For purposes of this chapter, including each article under this chapter, unless the context indicates otherwise, the following words and phrases shall have the meanings respectively ascribed to them in this section: ANIMAL CONTROL: The city department and its officers that have been appointed by the city council to enforce the animal control ordinances of the city, or another governmental agency or private party which the city council has appointed by contract for such purpose. AT LARGE: An animal is at large if it is found within the city off the premises of its owner or caretaker, however, an animal will not be deemed at large if: 1. It is properly housed in a veterinary hospital, licensed kennel, pet shop, or animal shelter. 2. It is under the control of authorized public safety personnel. 3. It is under the control of a professional handler for special events including, but not limited to, 4-H events, school events, sanctioned pet or animal shows, training activities, or animal -assisted therapy. In addition, a dog or cat, properly licensed as required by article A of this chapter, will not be deemed at large if (i) it is restrained by a rope, leash, cord, chain, or restraining device not more than four (4) feet in length, or is properly restrained within a motor vehicle or trailer, or (ii) it is within the fenced boundaries of an area designated by the city as a dog park and the owner or caretaker is present. CARETAKER: Any person having possession of an animal, for a period of more than six hours for any purpose, where the person in possession does not own the animal, other than a licensed veterinarian, animal behaviorist, animal shelter, or member of the owner's immediate family who resides in the same household as the owner. OWNER: Any person owning, keeping or harboring an animal or fowl. ARTICLE A 5-1A-1: DEFINITIONS: 6 As used in this article, unless the context indicates otherwise, the following words and phrases shall have the meanings respectively ascribed to them in this section. In addition, the words and phrases defined in sections 5-1-14 shall apply to the provisions of this article, to the extent applicable. ADEQUATE FEED: The provision at suitable intervals of not more than twenty four (24) hours or longer if the dietary requirements of the species so require, of a quantity of wholesome foodstuff suitable for the species and age, sufficient to maintain a reasonable level of nutrition in each animal. The foodstuff shall be served in a clean receptacle, dish or container. ADEQUATE WATER: A supply of clean, fresh, potable water supplied in a sanitary manner at least twice daily at suitable intervals for the animal and not to exceed twelve (12) hours at any interval. ANIMAL POUND OR SHELTER: A facility operated by the city for the purpose of impounding or harboring seized, stray, homeless, abandoned or unwanted dogs, cats or other animals; or a facility operated for such a purpose under a contract with the city. BOARDING KENNEL: A place or establishment other than a pound or animal shelter where dogs or cats not owned by the proprietor are sheltered, fed and watered in return for a consideration. COMMERCIAL BREEDER: A person engaged in the business of breeding dogs or cats, or both, for sale, whether or not such animals are raised, trained, groomed or boarded by such breeder. COMMERCIAL KENNEL: A kennel which performs grooming or training services for dogs or cats, or both, and may or may not render boarding services in return for a consideration. DEALER: Any person who is engaged in the business of buying for resale or selling or exchanging dogs or cats as a principal or agent, or who holds himself out to be so engaged. HOBBY KENNEL: property and from which offsprir traded or exchanged during a calendar year. The kceper of a hobby kennel may keep or maintain up to ten (10) dogs or c- _ ee • e` _ _ :•, •• _ _ •_ ••e. _ offspring of either dogs or cats, or both, during any calendar year without changing the status af- e during ken -Rel is to be limited by the zoning ordinances of the city when and if they apply. HOUSING FACILITY: Any room, building or area used to contain a primary enclosure or enclosures. KENNEL: An area of private property that is sheltered where dogs or cats are kept under constant restraint. OUTDOOR FACILITIES: A. Shelter From Sunlight: When sunlight is likely to cause overheating or discomfort, sufficient shade shall be provided to allow all dogs or cats and any other animal kept outdoors to protect themselves from the direct rays of the sun. B. Shelter From Rain Or Snow: Dogs, cats and other animals kept outdoors shall be provided with access to shelter to allow them to remain dry during rain or snow. C. Shelter From Cold Weather: Shelter may be provided for all dogs or cats and any animals kept outdoors when the atmospheric temperature falls below fifty degrees Fahrenheit (50°F). Sufficient 7 clean bedding material or other means of protection from the weather elements shall be provided when the ambient temperature falls below that temperature to which the species is acclimated. D. Drainage: A suitable method shall be provided to rapidly eliminate excess water from the living area of the dog or cat or other animal. PET SHOP: An establishment where any dog, cat or other animal or fowl, or other vertebrate animal is sold, exchanged or offered for sale to the general public. PRIMARY ENCLOSURE: Any structure used to immediately restrict an animal to a limited amount of space, such as a room, pen, cage or compartment. RESEARCH FACILITY: Any school or college of medicine, veterinary medicine, pharmacy, dentistry or osteopathy, or hospital, diagnostic or research laboratories, or other educational or scientific establishment situated in this state concerned with the investigation of, or instruction concerning the structure or function of, living organisms, the cause, prevention, control or cure of diseases or abnormal conditions of human beings or animals. TRANQUILIZE: To temporarily sedate any animal for gaining control. 5-1A-2: LICENSES REQUIRED: A. Annual License: The owner of all dogs and cats, six (6) months old or older, shall annually obtain a license therefor as hereinafter provided. B. Application By Owner: The owner of a dog or cat, for which a license is required, shall on or before January 1 of each year apply to the city clerk for a license for each dog or cat owned by said owner. Such application or license may be made after January 1, and at any time, for a dog or cat which has come into the possession or ownership of the applicant, or which has reached the age of six (6) months after said date. C. Form Of Application: Subject application shall be in writing on blanks provided by the city clerk, and shall state the breed, sex, age, color, markings and name, if any, of the dog or cat, and the address of the owner and be signed by said owner. Such application shall also state the date of the most recent rabies vaccination, the type of vaccine administered and the date the dog or cat shall be revaccinated. D. License Fees: 1. The annual license fee shall beeofive dollars ($5.00) for each dog or cat that has been spayed or neutered, otherwise the annual license fee shall be twenty-five dollars ($25.00) for each dog or cat. ' 1,1- - - - - -- - -- - , if paid by March 31 or within ninety (90) days after the date on which any doq or cat that is not licensed first becomes subject to licensure under subsection B above. Any fee not paid by the due date shall increase to ten dollars ($10.00) and fifty dollars ($50.00), respectively. 2. Duplicate licenses shall be issued at a cost of five dollars ($5.00). 3. The city license fee shall be waived for all dogs or cats if the owner of said dogs or cats has a valid license issued by the State of Iowa that allows the keeping of such animals. 4. The owner of all dogs or cats six (6) months old or older must comply with all the provisions of this article, including but not limited to the obtaining of rabies vaccination and license tag, even if 8 the license fee has been waived. A written certificate from a licensed veterinarian shall be required to prove that a dog or cat is incapable of breeding and has been vaccinated for rabies. E. Term Of License: All licenses shall expire on January 1 of the year following the date of issuance, and a license tag issued for one dog or cat shall not be transferable to another dog or cat. F. Transfer Or Change Of Ownership: When the permanent ownership of a dog or cat is transferred, the license for the same may be transferred by the city clerk by the notation on the license record giving name and address of the new owner. G. Implied Consent: The application for and the receipt of a license as required herein shall include an implied consent by the owner to permit an inspection of both real and personal property under his control for the purpose of carrying out the provisions of this article, including inspection for cruelty to animals or an inspection of sanitary conditions. H. Delinquent Licenses: All license fees for dogs or cats become delinquent on April 1 in the year in which they are due and payable, and a penalty shall be added to each unpaid license on or after said date in the like amount of the annual license fee as hereinbefore set out in subsection D of this section. 5-1A-3: EXCEPTIONS TO LICENSE REQUIREMENTS: The foregoing requirements for licenses for dogs or cats shall not apply to dogs or cats that are under the control of the owners or handlers while in transit or to be exhibited or to nonresidents of the city if they are in the state for less than thirty (30) days or which are assigned to a research institution or like facility. The license fee shall be waived for all dogs or cats if the owner of said dogs or cats has a valid state license for said dogs or cats. 5-1A-4: RABIES VACCINATION REQUIRED: A. Required: Every owner of a dog or cat shall obtain a rabies vaccination for such animal. It shall be unlawful for any person to own or have a dog in his possession six (6) months of age or over which has not been vaccinated against rabies. B. Type Of Vaccine: The rabies vaccination required by subsection A of this section shall be an injection of antirabies vaccine approved by the Iowa state department of agriculture, and the frequency of revaccination necessary for approved vaccination shall be as established by subject department. The vaccine shall be administered by a licensed veterinarian and shall be given as approved by the Iowa state department of agriculture. Evidence of said rabies vaccination shall be a certificate of vaccination signed by a licensed veterinarian, and the certificate shall show that the vaccination does not expire within six (6) months from the effective date of the dog or cat license. 5-1A-5: LICENSE TAGS: A. Required: The city clerk shall, upon receipt of application, payment of license fee and proof of rabies vaccination, provide to the applicant a license which shall be in the form of a metal tag. B. Use Of License Tag: Said license tag shall be attached by the owner of a dog or cat to a substantial collar or harness and during the term of license shall be at all times kept on the dog or cat for which the license is issued. On the expiration of the license, the owner shall remove said tag from the dog or cat. 5-1A-6: PROHIBITED ACTS AND CONDITIONS: 9 A. At Large: It shall be unlawful for the owner or caretaker of a dog or cat to permit or allow such dog or cat to be at large. Any dog or cat found at large shall be presumed to be so with the permission of its owner or caretaker, and proof of ownership and that said dog or cat was at large shall constitute in evidence a prima facie presumption in any proceeding charging any violation of this subsection. As to any dog at large under the circumstances described in section 5-1 B-9, violation of this subsection shall constitute a misdemeanor and be punishable by a fine of not less than five hundred dollars ($500.00), or constitute a municipal infraction. For purposes of determining the civil penalty applicable to subsequent municipal infraction offenses, any violation of this subsection that occurs after the first offense is a subsequent offense. B. Dogs Or Cats Attacking, Causing Damage Or Injury: 1. It shall be unlawful for the owner or caretaker of a dog or cat to permit such dog or cat to attack persons or domestic animals or to destroy property, or to permit such dog or cat to place persons in reasonable fear of attack or injury. Proof of ownership of a dog or cat and that said dog or cat did attack persons or domestic animals, destroy property, or place persons in reasonable fear of attack or injury shall constitute in evidence a prima facie presumption of permission of the owner or caretaker in any proceeding charging violation of this subsection. 2. Animal control shall have discretion about whether to charge a violation of this subsection, depending on the particular circumstances and whether the animal constitutes a risk of attacking again, and in exercising such discretion animal control may be aided by the professional opinion of a veterinarian or trained animal behaviorist. If a decision is made to charge a violation concerning a dog, then animal control will classify the dog as potentially dangerous, dangerous or vicious pursuant to article B of this chapter and will provide written notice of same to the owner or caretaker. 3. The owner or caretaker of a dog that has attacked must produce the dog to animal control for rabies testing, at the cost of the owner or caretaker. If the dog is not produced, it may be seized and the owner or caretaker will be guilty of a municipal infraction. C. Female Dogs Or Cats In Heat: The owner or caretaker of any female dog or cat in heat shall confine said female dog or cat in a building, or keep the same in his or her presence so that the said female dog or cat cannot come into contact with another animal except for planned breeding. D. Feeding Feral Cats: It shall be unlawful for any person to feed any cat that is at large without a collar, license tag, or imbedded ownership chip, except for a person who does so as an authorized participant in a city -sponsored program to trap, neuter and release such cats. E. LittersPuppics: It shall be unlawful for any person who does not possess a commercial breeder license or permit issued by the State of Iowa or the federal government to keep, shelter, or harbor a female dog or a female cat with itsa litter that at any time exceeds two (2) offspringpuppios, unless the person registers the litter with animal control within five (5) days of birth or acquisition and pays a registration fee of fifty dollars ($50.00).can produce proof that the puppies arc registered with the American Kennel Club. Animal control may seize the entire litter of puppies and the mother that are in the possession of any person violating this paragraph, and the person shall be guilty of a municipal infraction. 5-1A-7: KENNEL PREMISES; NONCONFORMING USE: Any premises declared by this article to be a kennel that is not located in a properly zoned district under the provisions of the Waterloo zoning ordinance, is hereby declared to be a nonconforming use. Said use of a premises as a kennel shall not be enlarged, extended, reconstructed, substituted or structurally altered except when required by law, nor shall the number of dogs or cats over six (6) months of age be increased. Whenever a dog or cat, owned or kept on a premises declared by this article to be a kennel, 10 dies or is sold or is given away, said dog or cat shall not be replaced until such time as the use of said premises is no longer a kennel and a nonconforming use as defined by this section. In addition, in the event that the use of a premises as a kennel is discontinued for a period of one year, use of the same shall conform thereafter to the uses permitted in the zoning district in which it is located. 5-1A-8: MUNICIPAL POUND: A. City May Establish: The city may establish and maintain a municipal animal pound or shelter to be conducted and operated by the city. It shall be the duty of the authorized persons appointed by the city to supervise and control such pound or shelter, to cause it to be kept in a sanitary condition and free from offensive odors, to provide adequate and wholesome food for animals impounded therein, to provide careful and humane treatment toward such animals, to isolate diseased animals, and to provide for humane destruction of animals when necessary. B. Contract For Care: In lieu of the establishment and maintenance of animal pounds, the city may contract with any incorporated society or association for the prevention of cruelty to animals for the collection and protection of licensed or unlicensed dogs, cats and other animals, for the maintenance of a shelter or pound for licensed or unlicensed dogs, cats or other animals, for the collection of dogs or cats, or other animals "at large" as herein defined, for the destruction or other disposition of seized dogs or cats, or other animals, not redeemed as provided by this article, for the disposal of dead animals, and to assist in the collection of licenses upon dogs and cats. 5-1A-9: IMPOUNDMENT OF ANIMALS; REDEMPTION: A. Apprehension And Impoundment: Any dog or cat found running at large, whether or not wearing a license tag and valid rabies vaccination tag, may be apprehended and impounded. If the owner does not redeem the dog or cat within five (5) days after the date of notice, or if an animal without identification is not redeemed within three (3) days after impoundment, the dog or cat may be humanely destroyed or, in appropriate circumstances as determined by animal control, may be disposed of by sale or by donation to a suitable animal shelter or rescue organization. B. Permanent Identification: Each dog apprehended after being found at large, and each dog confined pursuant to section 5-1-9(B), shall be assigned a registration number by animal control. prior to being released to its owner or caretaker If a registration number has not previously been, which shall be affixed to the dog by permanent microchip implant, tattoo or some other permanent means, then before the dog is released to its owner or caretaker the registration number shall be so affixed by a licensed veterinarian or other person acceptable to the city, at the expense of the owner or caretaker. If multiple forms of identification are available, the owner or caretaker may select the type to be used. No person shall remove or alter such identification once it is affixed. C. Spay/Neuter: An owner or caretaker of a dog or cat apprehended after being found at large must have the animal spayed or neutered within thirty (30) days after redemption and provide documentary proof of same to animal control within ten (10) days after the procedure. If the owner or caretaker fails to spay or neuter the animaldog, then animal control may seize it and, in appropriate circumstances as determined by animal control, the animal dog --may be destroyed or disposed of by sale or by donation to a suitable animal shelter or rescue organization. D. Redemption Of Animal: Unless the animal is to be destroyed by order of animal control, or unless the animal is being tested for rabies or other communicable diseases, any dog or cat that was impounded may be redeemed by the owner or caretaker thereof upon payment of all fees and charges as set forth in section 5-1-1(E) within the applicable time allowed by this chapter or by order of animal control or the city council. 5-1A-10: VIOLATION; PENALTY: 11 Unless any section of this article prescribes a different penalty, any person violating any provision of this article shall be deemed guilty of a municipal infraction. The court may grant any other appropriate alternative relief. ARTICLE B 5-1B-1: DEFINITIONS: As used in this article, unless the context indicates otherwise, the following words and phrases shall have the meanings respectively ascribed to them in this section. In addition, the words and phrases defined in sections 5-1-14 and 5-1A-1 shall apply to the provisions of this article, to the extent applicable. DANGEROUS ANIMAL: A. " Any animal or species of animal which is not naturally tame or gentle, and which is of a wild nature or disposition, and which is capable of killing, inflicting serious injury upon, or causing disease among human beings or domestic animals and having tendencies as a species to do so. B. Any animal declared to be dangerous by the city council or an animal control officer. C. The following animals or species of animals shall be deemed dangerous per se: 1. All felids, except Felis domestica (domestic cats). 2. All ursids (bears). 3. All canids, except Canis familiaris (dogs). 4. All nonhuman primates. 5. All crocodilians. 6. All venomous and constricting snakes. 7. All venomous reptiles. 8. All venomous arachnids. 9. All mustelids, except domestic ferrets. D. In addition to the exceptions stated in subsection C of this definition, the following animals shall not be considered dangerous animals, but nonetheless may be subject to applicable zoning requirements: 1. Animals kept for farming purposes, including, but not limited to, cattle, bison, pigs, horses, poultry, ostriches, emus, goats, sheep, antelope, llamas, and alpacas. 2. Constricting snakes whose adult length is less than six feet (6'), and specifically limited to corn snakes, king snakes, garter snakes, ribbon snakes, rat snakes, milk snakes, rosy boas, and ball pythons. 3. Hamsters, gerbils, guinea pigs, domestic rabbits, and domestic rats. DANGEROUS DOG: A. Any dog which bites or attacks a person or other domestic animal without provocation and causes injury not severe enough to result in a broken bone or a laceration requiring multiple sutures, or any dog that according to available records has committed such acts. B. Notwithstanding the foregoing paragraphs of this definition, a dog shall not be deemed a dangerous dog in the following circumstances: 12 1. Where the dog is used by a law enforcement official for approved law enforcement purposes. 2. Where the threat or injury was sustained by a person who was committing a willful trespass upon the premises lawfully occupied by the owner or caretaker of the dog, and the dog was properly confined or tethered as required by this chapter. 3. Where the threat or injury was sustained by a person who was committing or attempting to commit a crime on the property of the owner or caretaker of the dog, or by a person who was attacking the owner or caretaker of the dog. 4. Where the threat or injury was sustained by a person due to the person torturing, tormenting, abusing, or assaulting the dog, or intentionally inflicting pain on the dog without lawful justification, or by a person in the process of treating or rendering aid to a previously injured animal. 5. Where the dog was protecting itself or its young. 6. Where the threat or injury was sustained by a domestic animal that was at large and entered a confined area of the dog. GUARD DOG: Any dog trained or used to protect persons or property by attacking or threatening to attack any person found within the area patrolled by the dog and that is either securely enclosed within that area at all times or under the continuous control of a trained handler. POTENTIALLY DANGEROUS DOG: A. Any dog with a tendency or disposition to bite or attack unprovoked, or to otherwise endanger the safety of humans or other domestic animals-, or B. Any dog that chases or approaches a person or other domestic animal without provocation while off its owner's or caretaker's property in a menacing fashioning or apparent attitude of attack, if the owner of such dog is convicted or pleads guilty, no contest, or the equivalent to a violation of 5 -1A -6(B) based on fear of attack or injury. C. Any dog found at large more than twice, or any dog found at large if the owner or caretaker month period. REGULATED DOG: Any dog that is a potentially dangerous dog, dangerous dog, or vicious dog as defined by this article. VICIOUS DOG: A. Any dog which bites or attacks a person or other domestic animal without provocation and causes injury that results in one or more broken bones or a laceration requiring multiple sutures, or any dog that according to available records has committed such acts. B. Any dog that kills a person or other domestic animal without provocation while off the property of its owner or caretaker. C. Notwithstanding the foregoing paragraphs of this definition, a dog shall not be deemed a vicious dog under the same circumstances in which a dog would not be deemed a dangerous dog as set forth under the definition of a dangerous dog. 5-1B-2: KEEPING OF DANGEROUS ANIMALS PROHIBITED; EXCEPTIONS: A. No person shall keep, shelter, or harbor as a pet, guard, or for other purpose, within the city, a "dangerous animal" as defined in this article, except as provided in subsection B of this section or in section 5-1 B-3. 13 B. The prohibition contained in subsection A of this section shall not apply to the secure keeping of dangerous animals in the following circumstances: 1. In a bona fide, licensed veterinary hospital for treatment. 2. Under the jurisdiction of and in the possession of the natural resources commission, pursuant to Iowa Code chapters 481A and 481 B. 3. At the Cedar Bend Humane Society. 4. In a public zoo, bona fide educational or medical institute or museum where they are kept as live specimens for public viewing or for purposes of research, study or instruction. 5. For purposes of bona fide religious practice or ritual. 6. For exhibition to the public by a traveling circus, carnival, exhibit or show that is duly licensed by the city. 5-1B-3: REGULATIONS ON KEEPING DANGEROUS ANIMALS: A. Report Required; Information: Every person owning, keeping, sheltering or harboring a dangerous animal pursuant to subsection 5-1 B -2(B) shall report such fact, in writing, to the animal control officer, together with the following information: 1. The species name of each animal; 2. The number of such animals of each such species kept on the premises; 3. A physical description of each such animal, including any pet names to which it might respond; 4. The location of such animal or animals within the city, including the location of the cage or place of confinement upon or in the premises wherein the animal or animals are kept; 5. In the case of poisonous dangerous animals, the location of the nearest source of antivenom for that species; and 6. The specific purpose for which the animal is kept and any use that will be made of the animal. B. Confinement Required: Every person keeping, sheltering or harboring a dangerous animal shall at all times keep such animal securely confined within a cage or enclosure. C. Poisonous Animals; Antivenom Kept: Every person owning, keeping, or harboring a poisonous dangerous animal shall be required to keep ten (10) doses of antivenom on hand and current at all times. D. Transporting Dangerous Animals: No person owning, keeping, sheltering or harboring a dangerous animal shall permit or allow such animal to enter upon or traverse any public property, park property, public right of way or other property of another, except when such animal is being transported while caged or confined. E. Escape: It shall be the responsibility of the owner or caretaker to notify animal control immediately in the event that a dangerous animal has escaped and is at large. F. At Large: In the event that a dangerous animal is found at large and unattended upon public property, park property, public right of way, or the property of someone other than its owner or caretaker, thereby creating a hazard to life or property, such animal may, in the discretion of the animal control officer, be destroyed if it cannot be confined or captured. The city shall be under no duty to attempt the confinement or capture of a dangerous animal found at large, nor shall it have a duty to notify the owner or caretaker of such animal prior to its destruction. G. Order To Remove: In the event the animal control officer determines that a dangerous animal is being kept, sheltered or harbored by any person or entity in violation of the provisions of this article, the animal control officer may, in his or her discretion, have such person or entity prosecuted for such violation, and he or she may order such individual or entity to remove such dangerous animal from 14 the city or destroy it. Such order shall be contained in a notice to remove the dangerous animal, which notice shall be given in writing, directed to such person or entity. H. Appeal Procedure; Compliance With Order: Any person or entity desiring to appeal an order issued by the animal control officer pursuant to subsection G of this section shall follow the appeal procedures of section 5-1-12. If the city council affirms the action of the animal control officer, the provisions of section 5-1 B-12 shall apply. 5-1B-4: PROHIBITIONS ON POSSESSION OF ANIMALS: A. Persons Convicted Under State Law On Animal Contest Events: Any person who has been convicted of, or has pled guilty. no contest, or the equivalent to, c -f -an offense under Iowa Code 717D.2 shall be prohibited from owning, keeping, sheltering, or harboring within the city limits any animal of the same type (e.g., dog, rooster, etc.) involved in or at issue in such offense. Violation of this subsection shall constitute a misdemeanor and be punishable by a fine of not less than five hundred dollars ($500.00), or constitute a municipal infraction. B. Violation Registry: Animal control shall keep a registry of names and addresses of individuals with convictions for violating Iowa Code 717D.2 and sections 5-1B-5 or 5-1B-7 of this article. Any individual on this registry is subject to the restrictions on ownership found in this article, regardless of whether the individual changes addresses or moves to a different residence. An individual will be in violation hereof if the prohibited animal is found in their residence regardless of any claim that the animal belongs to someone else occupying the residence. C. Notice Of Violation; Confinement: In the event an animal control officer determines that an animal is being kept, sheltered or harbored by any person or entity in violation of the provisions of this section or section 5-1B-10, which determination may be based on direct observation or on a preponderance of credible evidence (such as photographs, witness affidavits, or other physical evidence), the animal control officer shall have such person or entity prosecuted for such violation and shall take the animal into custody at the expense of the owner or caretaker at a city impoundment facility, with a veterinarian or at a kennel until such time as the owner or caretaker agrees in writing to remove or destroy the animal or the city council has ruled on an appeal of the violation finding. After making a finding that an animal is being kept, sheltered, or harbored in violation of this article, animal control shall issue a written notice of violation, directed to such person or entity. D. Appeal Procedure; Compliance With Order: Any individual or entity desiring to appeal an order issued by the animal control officer pursuant to subsection D of this section shall follow the appeal procedures of section 5-1-12. The appeal cannot be filed until all costs incurred to date in caring and providing for the animal, as set forth in section 5-1-1(E), are paid and a bond is posted with the city clerk. If the city council affirms the action of the animal control officer, the provisions of section 5-1 B- 12 shall apply. 5-1B-5: REGULATED DOGS: A. Applicability: The provisions of this section apply to adult dogs only, which shall mean any dog over the age of six (6) months. B. Keeping Prohibited: No person shall keep, shelter or harbor as a pet, within the city, a regulated dog as defined in section 5-1B-1 of this article, except as expressly permitted by this article. C. Regulated Dogs At Large: In the event that a dangerous dog or a vicious dog is found at large and unattended upon public property, park property, public right of way, or the property of someone other than its owner or caretaker, thereby creating a hazard to life or property, such dog may, in the discretion of the animal control officer, be destroyed if it cannot be captured and confined. The city 15 shall be under no duty to attempt the confinement or capture of a dangerous dog or vicious dog found at large, nor shall it have a duty to notify the owner of such dog prior to its destruction. D. Notice Of Violation; Confinement: If the animal control officer determines that a regulated dog is being kept, sheltered or harbored by any person or entity in violation of the provisions of this article, which determination may be based on direct observation or on a preponderance of credible evidence (such as photographs, witness affidavits, or other physical evidence) that the dog qualifies as a regulated dog as defined by this article, the animal control officer may, in his or her discretion, have such person or entity prosecuted for such violation. After making a finding that the dog is a regulated dog, animal control shall issue a written notice of violation, directed to such person or entity. At the time such notice is issued, the dog shall be taken into the custody of animal control and confined at the expense of the owner or caretaker at the city impoundment facility, with a veterinarian or at a kennel. Within seven (7) days after delivery of the notice of violation or, if appealed, within seven (7) days after the city council has ruled on the regulated dog finding, the owner or caretaker may redeem the dog or, if it is a potentially dangerous dog, agree in writing to permanently remove the dog from the city. The owner or caretaker of any regulated dog that is redeemed must comply with the provisions of section 5-1 B-7. If the owner or caretaker fails to take all steps necessary to timely perfect an appeal or fails to timely satisfy the requirements for removal or redemption, the dog may be destroyed in a humane manner, and the fees and charges of impoundment, as set forth in section 5-1-1(E), and with destruction of the dog shall be charged against the owner or caretaker. E. Appeal Procedure; Compliance With Order: Any person or entity desiring to appeal an order issued by the animal control officer pursuant to subsection D of this section shall follow the appeal procedures of section 5-1-12. The appeal cannot be filed until all costs incurred to date in caring and providing for the dog, as set forth in section 5-1-1(E), are paid and a bond is posted with the city clerk. If the city council affirms the action of the animal control officer, the provisions of section 5-1B-12 shall apply. F. Permanent Identification Required: A dog found to be a potentially dangerous dog, dangerous dog or vicious dog by an animal control officer, regardless of the outcome of any appeal, shall be assigned a registration number by animal control prior to the dog being released to its owner or caretaker, which shall be affixed to the dog by permanent microchip implant, tattoo or some other permanent means by a licensed veterinarian or other person acceptable to the city, at the expense of the owner or caretaker. If multiple forms of identification are available, the owner or caretaker may select the type to be used. No person shall remove or alter such identification once it is affixed. G. Destruction Of Dangerous Dogs Not Permanently Removed or Destroyed: If a regulated dog is required to be removed from the city under this section and the dog is subsequently found within city limits following the date the owner or caretaker agreed to removal, the failure to permanently remove will constitute a separate and independent violation of this section. In addition, if such dog is a dangerous dog or vicious dog it may be destroyed by the city without further action or possibility of appeal, and the costs of such destruction will be charged against the party prosecuted for the offense. H. Dog Found Potentially Dangerous, Dangerous or Vicious By Another Jurisdiction: A dog found within city limits which has previously been determined to be potentially dangerous, dangerous, vicious or a threat to the health or safety of humans or other domestic animals by court order or by any other city, county or state whose laws or regulations are substantially similar to those of this chapter shall automatically be deemed to be a potentially dangerous, dangerous or vicious dog, as appropriate, pursuant to this article, and the person or entity keeping, sheltering, or harboring it shall be issued a notice of violation pursuant to subsection D of this section. Any such dog will be impounded. Within seven (7) days after delivery of the notice of violation or, if appealed, within seven (7) days after the city council has ruled on the regulated dog finding, the owner or caretaker may agree in writing to permanently remove the dog from the city if it is potentially dangerous. If the owner or caretaker fails to take all steps necessary to timely perfect an appeal or fails to timely satisfy the requirements for removal, or if the dog is dangerous or vicious, the dog may be destroyed in a humane manner, and 16 the fees and charges of impoundment, as set forth in section 5-1-1(E), and with destruction of the dog shall be charged against the owner or caretaker. 5-1B-6: GUARD DOGS: The prohibition contained in this article shall not apply to keeping of guard dogs; provided, however, that guard dogs must be kept within a structure or a fenced enclosure at all times, and any guard dog found at large may be processed as a dangerous dog or vicious dog pursuant to the provisions of this article. A limit of one (1) guard dog is permitted for each residential premises and two (2) guard dogs for each non- residential premises. Any premises guarded by a guard dog shall be prominently posted with a sign containing the wording "guard dog" or words of similar import, and the owner or caretaker of such premises shall inform animal control and the police department, in writing, that a guard dog is on duty at the premises. It shall be the owner's or caretaker's responsibility to notify animal control immediately when a guard dog has escaped and is running at large. The provisions of subsections A through F, H and I of section 5-1 B-7 shall apply to the registration of guard dogs. 5-1B-7: REGISTRATION OF REGULATED DOGS: A. Registration Requirement; Penalty For Failure To Register: If animal control determines that a dog may be classified as a regulated dog, the dog cannot be owned, sheltered, housed, harbored, kept, or maintained within the city limits of Waterloo unless the owner or possessor completes a registration with animal control and receives a registration certificate authorizing ownership or possession of the dog. Animal control shall notify the owner or possessor in writing that the dog is either potentially dangerous, dangerous, or vicious. Within seven (7) days following the date that animal control delivers notice to the owner or caretaker that the dog is regulated, the owner or caretaker of the dog must obtain the registration certificate or file an appeal of such determination pursuant to subsection O. Any person found to own, shelter, house, harbor, keep, or maintain a regulated dog who has failed to register said dog or failed to file a timely appeal will be subject to an administrative penalty in the amount of fifty dollars ($50.00) and/or a municipal infraction violation punishable by a civil penalty of two hundred dollars ($200.00). In addition, the registration fee will be increased to one hundred dollars ($100.00) and animal control will impound the animal. The owner or caretaker may register the dog within seven (7) days following impoundment and obtain release of the dog if the required registration fee, administrative penalty, and all fees and charges of impoundment, as set forth in section 5-1-1(E), are paid. If the owner or possessor does not timely complete the registration process or file an appeal, the dog may be destroyed in a humane manner and all fees and charges associated with impoundment, as set forth in section 5-1-1(E), and destruction of the dog shall be charged against the owner or caretaker. Registration under this section is in addition to any licensing requirements set forth in article A of this chapter. B. Registration Form: An owner or caretaker of a dog determined to be potentially dangerous, dangerous or vicious by animal control must execute a registration form with animal control which includes the following information: 1. Name, address, and telephone number of the owner or caretaker, including proof that the owner or caretaker is over the age of eighteen (18) years; 2. Name and detailed physical description of the regulated dog 3. A photograph of the dog taken by animal control 4. Registration number assigned by animal control to the dog; 5. Veterinarian information for the dog; 6. Proof of a current rabies vaccination number and expiration date (a copy of which must be retained by animal control); 7. City license number (a copy of which must be retained by animal control); 8. Microchip or tattoo number as provided by subsection D of this section; 9. Detailed description of the incident or incidents leading animal control to classify the dog as regulated; and 17 10. Sufficient proof that the applicant has proper facilities where the animal can safely be kept to prevent it from getting loose ("proper facilities" means secure confinement indoors or secure outdoor confinement in a locked pen or structure at least 6 feet in width, 12 feet in length, and 6 feet in height, which is capped and has solid flooring to prevent the dog from digging out). C. Registration Fee And Proof Of Insurance: In addition to completion of the registration form, an owner or caretaker of a regulated dog must pay a registration fee of fifty dollars ($50.00) to register the dog with animal control and provide proof of liability insurance to animal control totaling a minimum of three hundred thousand dollars ($300,000.00) which will provide coverage for injuries, damages or loss that may be caused by the animal. Failure to pay the registration fee or to provide proof of insurance will result in denial of registration. D. Permanent Identification: The registration number assigned by animal control under this section shall be affixed to the regulated dog by permanent microchip implant or tattoo by a licensed veterinarian or other person acceptable to the city, at the applicant's expense. No person shall remove or alter such identification once it is affixed. E. Issuance Of Registration Certificate: If all requirements of this section are met, the applicant will be issued a registration certificate entitling them to own, maintain, possess, or shelter the regulated dog within city limits. F. Prohibition On Registration For Owners With Prior Convictions: An applicant who has previously been convicted of, or has pled guilty, no contest, or the equivalent to, -an offense under Iowa Code 717D.2, who has been convicted of a violation of section 5-1 B-5 of this article, or who has pled guilty, no contest, or the equivalent with respect to any such offense or violation, shall not be permitted to register a dog under this section. G. Exception For Veterinarians And Shelters: The provisions of this section will not apply to any licensed veterinarian or animal shelter providing services in such capacity. H. Renewal Of Registration: A registration certificate issued pursuant to this section must be renewed annually. The owner or caretaker of the regulated dog may renew the certificate for an additional twelve (12) months following expiration of the current registration certificate, provided that he or she pays the registration fee of fifty dollars ($50.00), provides proof of current insurance, and updates any registration information previously provided. I. Additional Notification Responsibilities: 1. An owner or caretaker of a dog registered as potentially dangerous, dangerous or vicious must contact animal control immediately if the dog is loose or not confined, has attacked another domestic animal, or has attacked a human being. 2. An owner or caretaker of a dog registered as potentially dangerous, dangerous or vicious must contact animal control within forty-eight (48) hours of the dog's death. Documentation from a veterinarian or physical proof that the dog is deceased will need to be provided to animal control. 3. An owner or caretaker of a dog registered as potentially dangerous, dangerous or vicious must contact animal control within forty-eight (48) hours if the dog has been sold, relocated or given away and shall provide animal control with the name, address, and telephone number of the new owner or caretaker of the dog. 4. An owner or caretaker of a regulated dog must notify animal control of any change of address within fourteen (14) days after the change. 18 J. Spay/Neuter: An owner or caretaker of a dog registered as potentially dangerous, dangerous or vicious must have the animal spayed or neutered within thirty (30) days of issuance of the registration certificate and provide documentary proof of same to animal control within ten (10) days of the procedure. If the owner or caretaker fails to spay or neuter the dog, then animal control may seize it, and, in appropriate circumstances as determined by animal control, the dog may be destroyed or disposed of by sale or by donation to a suitable animal shelter or rescue organization. K. Obedience Training: Within ninety (90) d eee following the initial registration of a potentially LK. Conditional Removal Of Registration Requirement: If, within three (3) years of registration as a potentially dangerous dog, there have been no further incidents that satisfy the standards for such dog to be deemed potentially dangerous, the dog's registration requirement may be reviewed by animal control upon the owner's request. If animal control chooses to lift the registration requirement, the dog in question may still be declared potentially dangerous, dangerous or vicious at any future date if it meets the standards for classification as such. In the event that animal control chooses to maintain the registration requirement for the dog, such decision shall be appealable to the city council. ML. Automatic Enhancement of Regulated Status: After registration as a potentially dangerous dog, if a dog is found to have further demonstrated the behavior of a potentially dangerous dog at least two (2) times within any consecutive twelve (12) month period, such dog will automatically be deemed a dangerous dog and be subject to section 5-1 B-5 of this article. If a dog has been registered as a potentially dangerous dog or a dangerous dog and at any time thereafter kills or causes serious injury to a person or domestic animal ("serious injury" meaning any injury resulting in broken bones or lacerations requiring multiple sutures) and no exception is applicable, said dog will automatically be deemed a vicious dog subject to section 5-1 B-5 of this article. I NM. Appeal Procedure; Compliance With Order: Any person or entity desiring to appeal a notice or order issued by the animal control officer pursuant to this section shall follow the appeal procedures of section 5-1-12. If the city council affirms the notice or order, the owner must complete the registration process pursuant to this section within seven (7) days of the city council's finding. Failure to do so will subject the owner or caretaker to the provisions set forth in subsection A of this section and in section 5-1B-12. 5-1B-8: TETHERING OF DOGS: A. A dog may be restrained outdoors by tether, only on the property of the owner or caretaker of the dog, and only under the following conditions: 1. No tether may be attached to a fixed object unless the tether is so placed or attached that it cannot become entangled with another animal or object, and cannot extend over an object or edge that could result in strangulation of or injury to the animal, and shall be of sufficient length in proportion to the size of the animal, but no less than 10 feet in length, to allow the animal proper exercise and unlimited access to adequate feed, adequate water, and an outdoor facility that provides adequate protection from the elements. Such tethering shall be so located so as not to allow such animal to trespass on public property or upon private property belonging to others, nor in such manner as to cause harm or danger to persons, the tethered animal, or other animals. 2. The tether shall not weigh more than one-eighth of the animal's body weight. Chains may not be used as tethers. 3. The tether must be attached to a properly fitting collar or harness worn by the animal. Choke or prong collars are prohibited. The tether must have a swivel at both ends. 19 4. No animal may be restrained by tether for more than 8 hours in a 24-hour period. When the temperature falls below 30 degrees Fahrenheit, with wind chill factor applied, or when the heat index is at least 85 degrees, no animal may be restrained outdoors by tethering for more than 15 minutes without access to adequate feed, adequate water, and an outdoor facility that provides adequate protection from the elements. In any circumstances, a tethered animal must have access to an outdoor facility that provides adequate protection from the elements. 5-1B-9: DOG ATTACKS: In the event of an attack on a person or a domestic animal by a dog at large that was previously determined to be a vicious dog or that is determined to be a vicious dog as a result of such attack, the dog shall be apprehended by animal control. The dog will be tested for rabies and may be destroyed by the city without further action or possibility of appeal. The owner or caretaker will be charged all fees and charges incurred as set forth in section 5-1-1(E) and all costs incident to destruction of the dog. 5-1B-10: IRRESPONSIBLE DOG OWNERS: A. Any person who has been convicted of any violation of this article, or who has pled guilty, no contest, or the equivalent to such violation, at least two (2) times in any period of twelve (12) months shall be deemed an irresponsible dog owner and shall be prohibited from obtaining a license for any dog not already licensed by such person, and if such person is so convicted or so pleads a third time during a 12 -month period, the person shall forfeit all right to own or possess a dog in the city, at which time animal control shall be authorized to seize all dogs owned or possessed by such person and to dispose of the dogs by destruction or, in appropriate circumstances as determined by animal control, by sale or by donation to a suitable animal shelter or rescue organization. Violation of this subsection shall constitute a misdemeanor and be punishable by a fine of not less than five hundred dollars ($500.00), or constitute a municipal infraction. B. A person designated as an irresponsible dog owner who is not convicted or does not plead to a further violation of this article for a period of thirty-six (36) months may apply to animal control to have the designation removed. The decision of animal control is appealable to the city council according to the appeal procedures set forth in section 5-1-12. 5-1B-11: LANDLORD LIABILITY: A. A landlord or its property manager that knowingly permits a tenant or occupant of its property to possess a dog in violation of sections 5-1 B-4, 5-1 B-5 or 5-1B-10 shall be guilty of a municipal infraction. B. A landlord or its property manager shall not be guilty of a violation of subsection A if it takes prompt action to notify the tenant or occupant that the dog must be permanently removed from the property within seven (7) days of notice as set forth in Iowa Code section 562A.27, and thereafter proceeds to terminate the lease and evict the tenant or occupant if the violation is not remedied. C. Whenever animal control or the city clerk issues a notice, order or decision in connection with a violation of sections 5-1 B-4, 5-1 B-5 or 5-1B-10 to a person who is not the owner of the property, a copy of said notice, order or decision shall also be sent to the property owner at the tax statement address shown in the records of the county auditor. The failure of animal control or the city clerk to issue a copy of any notice, order or decision to the property owner, or the failure of the property owner to receive same, shall not be a defense to any violation of subsection A. 5-1B-12: ENFORCEMENT: A. Failure To Comply: 20 1. Except as set forth in section 5-1 B -7(A), if the city council affirms a notice or order of the animal control officer, the city council may also order in its written decision that the person or entity owning, sheltering, harboring or keeping such dangerous animal or regulated dog permanently remove such animal or dog from the city or destroy it; provided that dangerous dogs and vicious dogs must be destroyed and may not be removed. The decision and order shall immediately be served upon the person or entity against whom rendered in the same manner as the initial notice or order. 2. In any situation where permanent removal of an animal or dog from the city is permitted, the animal or dog will not be released to the owner or caretaker until the owner or caretaker executes a form provided by the city which includes the following: (a) identifying information for the animal or dog, (b) the location to which it will be removed, and (c) the date of removal. The owner must also pay all fees and charges of impoundment, as set forth in section 5-1-1(E), before the dog will be released and the bond, if any, lifted. If within seven (7) days after issuance of the order the owner or caretaker fails to complete the application for removal and pay such fees and charges, fails to petition the district court for review of the order, or otherwise fails to take action, then animal control shall cause the animal or dog to be destroyed in a humane manner. 3. If instead of removal the animal or dog is ordered destroyed by the city council and the owner fails to file a petition for review of the order with the district court within seven (7) days after its issuance, the animal or dog will be destroyed in a humane manner. 4. As an alternative to the destruction of an animal or dog it may, in appropriate circumstances as determined by animal control, be disposed of by sale or by donation to a suitable animal shelter or rescue organization. B. Penalties: 1. Unless a different penalty is specifically prescribed by any section of this article, in which case such penalty shall apply, the failure to comply with an order of the city council issued pursuant to this article shall constitute a misdemeanor and be punishable by a fine of not less than two hundred fifty dollars ($250.00), or constitute a municipal infraction. 2. For purposes of determining the civil penalty applicable to subsequent municipal infraction offenses, any violation of this article that occurs after the first offense is a subsequent offense, even if the violations are of different provisions of this article. 21 Mayor BUCK CLARK COUNCIL MEMBERS DAVID JONES Ward I 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: Februar 2' 201 Prepared: February 17, 2014 Dept. Head Signature: # of Attachments: SUBJECT: Request to preliminarily approve plans, specifications, form of contract, etc., and to set a date of public hearing for March 3, 2014, and publish an official notice pertinent to the taking of bids and request to receive and open the bid proposals for asbestos abatement services for properties located at 134 Dearborn Avenue, 928 Mulberry Street, 717 Vinton Street, 927 Mullan Avenue, 67 Franklin Street, 820 Fowler Street, 409 State Street, 520 Cottage Street, 1013 Lincoln, 420 Dawson Street, and 801-805 Commercial Street. Submitted by: Noel Anderson- Community Planning & Development Director Recommended City Council Action: Resolution setting date of hearing as March 3, 2014 to approve Request for Proposals for Asbestos Survey Services at 134 Dearborn Avenue, 928 Mulberry Street, 717 Vinton Street, 927 Mullan Avenue, 67 Franklin Street, 820 Fowler Street, 409 State Street, 520 Cottage Street, 1013 Lincoln, 420 Dawson Street, and 801-805 Commercial Street, and instruct City Clerk to publish notice. Summary Statement: These properties where acquired through the Iowa Code 657A and staff is now preparing to demolish them. State code requires that the asbestos must be abated prior to demolition after a survey has been completed by a certified asbestos company. Expenditure Required: To be determined Source of Funds: The asbestos abatement activities of this site will be undertaken by the City of Waterloo using G.O. funds, for nuisance abatement. Policy Issue: Nuisance abatement and infill -development Alternative: N/A cc: NOEL C. ANDERSON, Community Planning & Development Director RUDY JONES-, Community Development Director CITY WEBSITE: www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-145 RESOLUTION PRELIMINARILY APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, ESTIMATE OF COST, ETC., IN CONJUNCTION WITH ASBESTOS ABATEMENT SERVICES FOR 134 DEARBORN AVENUE, 928 MULBERRY STREET, 717 VINTON STREET, 927 MULLAN AVENUE, 67 FRANKLIN STREET, 820 FOWLER STREET, 409 STATE STREET, 520 COTTAGE STREET, 1013 LINCOLN STREET, 420 DAWSON STREET AND 801-805 COMMERCIAL STREET. WHEREAS, the City Council of the City of Waterloo, Iowa, heretofore instructed the Community Planning and Development Director of said City to prepare proposed plans, specifications, form of contract, estimate of cost, etc., in conjunction with Asbestos Abatement Services for 134 Dearborn Avenue, 928 Mulberry Street, 717 Vinton Street, 927 Mullan Avenue, 67 Franklin Street, 820 Fowler Street, 409 State Street, 520 Cottage Street, 1013 Lincoln Street, 420 Dawson Street and 801-805 Commercial Street, in the City of Waterloo, Iowa, and WHEREAS, said Community Planning and Development Director did file said plans, specifications, form of contract, estimate of cost, etc., in conjunction with Asbestos Abatement Services for 134 Dearborn Avenue, 928 Mulberry Street, 717 Vinton Street, 927 Mullan Avenue, 67 Franklin Street, 820 Fowler Street, 409 State Street, 520 Cottage Street, 1013 Lincoln Street, 420 Dawson Street and 801-805 Commercial Street. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that said proposed plans, specifications, form of contract, estimate of cost, etc., in conjunction with Asbestos Abatement Services for 134 Dearborn Avenue, 928 Mulberry Street, 717 Vinton Street, 927 Mullan Avenue, 67 Franklin Street, 820 Fowler Street, 409 State Street, 520 Cottage Street, 1013 Lincoln Street, 420 Dawson Street and 801-805 Commercial Street, in the City of Waterloo, Iowa, be, and the same are hereby, preliminarily approved as filed. PASSED AND ADOPTED this 24th day of February, 2014. rnest G. Clark, Mayor ATTEST: Suzy Sc ares, MC City Clark Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-146 RESOLUTION FIXING THE TIME AND PLACE OF HEARING ON PROPOSED PLANS, SPECIFICATIONS, FORM OF CONTRACT, ETC., IN CONJUNCTION WITH ASBESTOS ABATEMENT SERVICES FOR 134 DEARBORN AVENUE, 928 MULBERRY STREET, 717 VINTON STREET, 927 MULLAN AVENUE, 67 FRANKLIN STREET, 820 FOWLER STREET, 409 STATE STREET, 520 COTTAGE STREET, 1013 LINCOLN STREET, 420 DAWSON STREET AND 801-805 COMMERCIAL STREET, IN THE CITY OF WATERLOO AS MARCH 3, 2014, AT 5:30 P.M. IN THE LAW COURT THEATER AT THE WATERLOO CENTER FOR THE ARTS, WITH THE TAKING OF BIDS THEREFORE, AND INSTRUCTING THE CITY CLERK TO PUBLISH THE NOTICE OF HEARING. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, AS FOLLOWS: Section 1. That the Council of the City of Waterloo, Iowa, shall meet in the Law Court Theater at the Waterloo Center for the Arts in the City of Waterloo, Iowa, at 5:30 p.m. on the 3rd day of March, 2014, for the purpose of holding a public hearing on proposed plans, specifications, form of contract, etc., in conjunction with Asbestos Abatement Services for 134 Dearborn Avenue, 928 Mulberry Street, 717 Vinton Street, 927 Mullan Avenue, 67 Franklin Street, 820 Fowler Street, 409 State Street, 520 Cottage Street, 1013 Lincoln Street, 420 Dawson Street and 801-805 Commercial Street, in the City of Waterloo, with the taking of bids therefore. Section 2. That the City Clerk is hereby directed to publish notice of the time and place of said hearing in the Waterloo Courier. PASSED AND ADOPTED this 24th day of February, 2014. ATTEST: Suzy S. ares, CMC City C erk AZ_ r est G. " Clark, Mayor Voucher Prepared by Pauline C CITY OF WATERLOO 9002 PAYMENT VOUCHER A022414 February 17, 20014 Vendor Name DNR Address Storm Water Coordinator City & State 502 E. 9th Street Des Moines, la 50319-0034 Invoice Date ************************************* Invoice No. Qty/Unit Department Engineering Grant/Project Code # 07LTF 5007 Amount Description G.L. Distribution Annual Permit Fee (General Permit No.2) $175.00 Blowers Creek Storm Wtr. Lift Station Dry Run Creek Improvements City Contract No. 842 TOTAL 175.00 Special Instructions PLEASE REMIT CHECK TO THE CITY ENGINEERING DEPARTMENT • 2/17/14 Submitted y Date Approved By Date 409-07-5300-2162 An Equal Opportunity/Affirmative Action Employer IOWA DEPARTMENT OF NATURAL RESOURCES ENVIRONMENTAL PROTECTION DIVISION NOTICE OF INTENT FOR NPDES COVERAGE UNDER GENERAL PERMIT CASHIER'S USE ONLY 0253' 542-SW08-0581' Authorization # Name No.1 FOR "STORM WATER DISCHARGES ASSOCIATED WITH INDUSTRIAL ACTIVITY" or No. 2 FOR "STORM WATER DISCHARGES ASSOCIATED WITH INDUSTRIAL ACTIVITY FOR CONSTRUCTION ACTIVITIES" or No. 3 FOR "STORM WATER DISCHARGE ASSOCIATED WITH INDUSTRIAL ACTIVITY FOR ASPHALT PLANTS, CONCRETE BATCH PLANTS, ROCK CRUSHING PLANTS, AND CONSTRUCTION SAND AND GRAVEL FACILITIES." PERMIT INFORMATION Has this storm water discharge been previously permitted? ❑ Yes ❑ No If yes, please list authorization number Under what General Permit are you applying for coverage? General Permit No. 1 ❑ General Permit No. 2 ❑✓' General Permit No. 3 ❑ PERMIT FEE OPTIONS For coverage under the NPDES General Permit the following fees apply: ✓❑ Annual Permit Fee $175 (per year) Maximum coverage is one year. ❑ 3 -year Permit Fee $350 Maximum coverage is three years. ❑ 4 -year Permit Fee $525 Maximum coverage is four years. ❑ 5 -year Permit Fee $700 Maximum coverage is five years. Checks should be made payable to: Iowa Department of Natural Resources. FACILITY OR PROJECT INFORMATION Enter the name and full address/location (not mailing address) of the facility or project for which permit coverage is requested. NAME: Blowers Creek Storm Water Lift Station STREET ADDRESS OF SITE: Located West of 3215 Lafayette Street along Blowers Creek CITY: Waterloo COUNTY: Black Hawk STATE: Iowa ZIP CODE: 50707 CONTACT INFORMATION Give name, mailing address and telephone number of a contact person (Attach additional information on separate pages as needed). This will be the address to which all correspondence will be sent and to which all questions regarding your application and compliance with the permit will be directed. NAME: Jamie Knutson ADDRESS: 715 Mulberry Street CITY: Waterloo STATE: Iowa ZIP CODE: 50703 TELEPHONE (319 ) 291-4312 Check the appropriate box to indicate the legal status of the operator of the facility. ❑ Federal ❑ State Public ❑ Private ❑ Other (specify) 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. 05/2011 cmz Be sure to complete both sides of this form DNR Form 542-1415 5 rce. perSan ,,J/L ; s a. i. md.4-r10 ain pleVed b� c ;111 i �p e focaj eXeGwfive w'� ', Q ad •2 n+ S chie� emeIoNer °s4 e „,Plover I years 0 G 064 6 C c Ver" hG,a if � ;4 44 / 11'4S S �i 4 110/Ile S e° use. 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