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HomeMy WebLinkAbout05/26/2015Amended Council Agenda Items Council Meeting Tuesday, May 26, 2015 DELETE Remove Resolution No. 18. execute aid document Submitted By: Dennis Gentz, PE, Assistant City Engineer THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, REGULAR SESSION TO BE HELD AT THE HAROLD E. GETTY COUNCIL CHAMBERS Tuesday, May 26, 2015 5:30 PM 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. At the chair/presider's discretion, you may address an item on the current agenda by stepping to the podium, and after recognition by the chair/presider, state your name, address and group affiliation (if appropriate) and speak clearly into the microphone. 2. You may speak one (1) time per item for a maximum of five (5) minutes as long as you have registered with the City Clerk's office no later than 4:00 p.m. on the day of the Council Meeting. If not registered with the City Clerk's office you may speak one (1) time per item for a maximum of three (3) minutes. 3. If there is a hearing scheduled as part of an agenda item, the chair/presider will allow everyone who wishes to address the council, using the same participation guidelines found in these "general rules". 4. Although not required by city code of ordinances, oral presentations may be allowed at the chair/presider's (usually the Mayor or Mayor Pro Tem) discretion. The "oral presentations" section of the agenda is your opportunity to address items not on the agenda. You may speak one (1) time per item for a maximum of five (5) minutes as long as you have registered with the City Clerk's office no later than 4:00 p.m. on the day of the Council Meeting. If not registered with the City Clerk's office a speaker may speak to one (1) issue per meeting for a maximum of three (3) minutes. Official action cannot be taken by the Council at that time, but may be placed on a future agenda or referred to the appropriate department. 5. Keep comments germane and refrain from personal, impertinent or slanderous remarks. 6. Questions concerning these rules or any agenda item may be directed to the Clerk's Office at 291-4323. 7. Citizens are encouraged to register with the Clerk's Office by 4:00 p.m. on Monday of the day of the City Council meeting to appear before the City Council (may also register by phone). Registered speakers will be given first priority. Page 1 of 253 Roll Call. Moment of Silence. Pledge of Allegiance Steve Schmitt, Council Member at Large Agenda, as proposed or amended. Minutes of May 18, 2015, Regular Session, as proposed. 1. Consent Agenda: (The following items will be acted upon by voice vote on a single motion without separate discussion, unless someone from the council or public requests that a specific item be considered separately.) A. Resolution to approve the following: 1. Bills Payment, Finance Committee Invoice Summary Report, a copy of which is on file in the office of the City Clerk. 2. Resolution approving Order Accepting Acknowledgment/Settlement Agreement and check for $1,500.00 from Metro Mart, 2332 Falls Avenue, Waterloo, Iowa for sale of tobacco to minor 2nd violation. Submitted By: David R. Zellhoefer, City Attorney 3. Resolution setting the date of public hearing as June 8, 2015 for a request by Seth Green to vacate a platted 5' wide by approximately 290.2' long utility easement along the west property line of Lot 3 of Tower Park No. 5. Submitted By: Noel Anderson, Community Planning & Development Director 4. Resolution setting date of hearing as June 8, 2015 to approve request of Nicole Cook to rezone 4.43 acres from "A-1" Agricultural District to "R-2" One and Two Family Residence District for the purpose of constructing one new single-family home, generally located east of 920 South View Drive; and instruct City Clerk to publish notice. Submitted By: Noel Anderson, Community Planning & Development Director 5. Resolution setting a date of hearing as June 8, 2015 to approve a request to convey a portion of Lot 11 of Mid Port America Park Plat No. 2 to Con Agra Foods Packaged Foods Company for $1.00 in accordance with the Second Amendment to Development Agreement. Submitted By: Noel Anderson, Community Planning and Development Director 6. Resolution setting the date of public hearing as June 8. 2015 to enter into a Development Agreement with GMJ2 Industries, LLC for the construction of a mini - storage development, and authorize the sale and conveyance of City owned property for $1.00 located at the northwest corner of Northeast Drive and Martin Luther King, Jr. Drive in the Northeast Industrial Park Submitted By: Noel Anderson, Community Planning and Development Director 7. Request by Kelly Angell on behalf of Relay for Life of Black Hawk County for a Variance to the Noise Ordinance on June 19, 2015 from 12:00 Noon to Midnight to be held at Hawkeye Community College, located at 1501 E. Orange Rd. A Public PA system will be used for announcements and a DJ using a PA system to broadcast music. Page 2 of 253 Submitted By: Joe Leibold, Captain of Police Services B. Motion to approve the following: 1. TRAVEL REQUESTS a. Bob Osgood, Chief Plumbing Inspector Class/Meeting: IAPMO 86th Annual Education Conference Destination: Las Vegas, NV Dates: 9/27/15 - 10/7/15 Amount not to exceed: $975.00 b. Robert Lentzkow, FOG Inspector Class/Meeting: FOG Training. Destination: WRA, Des Moines, IA Dates: 6/3/15 - 6/4/15 Amount not to exceed: $185.00 2. Bonds PUBLIC HEARINGS 2. General Obligation Bonds - ECP -1 - The issuance of not to Exceed $10,750,000 General Obligation Bonds for essential corporate purposes. General Obligation Bonds - ECP -1 - The issuance of not to Exceed $10,750,000 General Obligation Bonds for essential corporate purposes. Motion to receive and file proof of publication of notice of public hearing on the issuance of ECP -1 - Not to exceed $10,750,000 General Obligation Bonds for essential corporate purposes. HOLD HEARING - No objections on file. Motion to close hearing and receive and file oral and written comments. Resolution to institute proceedings to take additional action of issuance of said bonds. Submitted By: Michelle Weidner, Chief Financial Officer 3. General Obligation Bonds - ECP -2 - The issuance of not to Exceed $1,000,000 General Obligation Bonds (Urban Renewal) for essential urban renewal purposes. General Obligation Bonds - ECP -2 - The issuance of not to Exceed $1,000,000 General Obligation Bonds (Urban Renewal) for essential urban renewal purposes Motion to receive and file proof of publication of notice of public hearing on the issuance of ECP -2 - Not to exceed $1,000,000 General Obligation Bonds (Urban Renewal) for essential urban renewal purposes. HOLD HEARING - No objections on file. Motion to close hearing and receive and file oral and written comments. Resolution to institute proceedings to take additional action of issuance of said bonds. Submitted By: Michelle Weidner, Chief Financial Officer 4. General Obligation Bonds - GCP-1 - The issuance of not to exceed $700,000 General Obligation Bonds for general corporate purposes. General Obligation Bonds - GCP-1 - The issuance of not to exceed $700,000 General Obligation Bonds for general corporate purposes. Motion to receive and file proof of publication of notice of public hearing on the issuance of GCP-1 - Not to exceed $700,000 General Obligation Bonds for general corporate purposes. HOLD HEARING - No objections on file. Motion to close hearing and receive and file oral and written comments. Page 3 of 253 Resolution to institute proceedings to take additional action of issuance of said bonds. Submitted By: Michelle Weidner, Chief Financial Officer 5. General Obligation Bonds - GCP-2 - The issuance of not to exceed $700,000 General Obligation Bonds for general corporate purposes. General Obligation Bonds - GCP-2 - The issuance of not to exceed $700,000 General Obligation Bonds for general corporate purposes. Motion to receive and file proof of publication of notice of public hearing on the issuance of GCP-2 - Not to exceed $700,000 General Obligation Bonds for general corporate purposes. HOLD HEARING - No objections on file. Motion to close hearing and receive and file oral and written comments. Resolution to institute proceedings to take additional action of issuance of said bonds. Submitted By: Michelle Weidner, Chief Financial Officer 6. General Obligation Bonds - GCP-3 - The issuance of not to exceed $700,000 General Obligation Bonds for general corporate purposes. General Obligation Bonds - GCP-3 - The issuance of not to exceed $700,000 General Obligation Bonds for general corporate purposes. Motion to receive and file proof of publication of notice of public hearing on the issuance of GCP-3 - Not to exceed $700,000 General Obligation Bonds for general corporate purposes. HOLD HEARING - No objections on file. Motion to close hearing and receive and file oral and written comments. Resolution to institute proceedings to take additional action of issuance of said bonds. Submitted By: Michelle Weidner, Chief Financial Officer 7. General Obligation Bonds - GCP-4 - The issuance of not to exceed $700,000 General Obligation Bonds for general corporate purposes. General Obligation Bonds - GCP-4 - The issuance of not to exceed $700,000 General Obligation Bonds for general corporate purposes. Motion to receive and file proof of publication of notice of public hearing on the issuance of GCP-4 - Not to exceed $700,000 General Obligation Bonds for general corporate purposes. HOLD HEARING - No objections on file. Motion to close hearing and receive and file oral and written comments. Resolution to institute proceedings to take additional action of issuance of said bonds. Submitted By: Michelle Weidner, Chief Financial Officer 8. General Obligation Bonds - GCP-5 - The issuance of not to exceed $500 000 General Obligation Bonds for general corporate purposes. General Obligation Bonds - GCP-5 - The issuance of not to exceed $500,000 General Obligation Bonds for general corporate purposes. Motion to receive and file proof of publication of notice of public hearing on the issuance of GCP-5 - Not to exceed $500,000 General Obligation Bonds for general corporate purposes. HOLD HEARING - No objections on file. Motion to close hearing and receive and file oral and written comments. Resolution to institute proceedings to take additional action of issuance of said bonds. Submitted By: Michelle Weidner, Chief Financial Officer Page 4 of 253 9. Sale and conveyance of city owned property acquired through Iowa Code 657A at 323 Crescent Place to Greg Smith for the minimum bid of $5,000, with Development Agreement; and instruct City Clerk to publish notice. 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 authorizing said sale and conveyance, and authorize City Attorney to prepare and deliver deed accordingly. Resolution approving said development agreement; and authorize Mayor and City Clerk to execute said document. Submitted By: Noel Anderson -Community Planning and Development Director 10. FYE2015 Budget Amendment. 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 to approve said budget amendment. Submitted By: Michelle Weidner, Chief Financial Officer 11. F.Y. 2015 Sidewalk Repair Program - Zone 5 and Trail Repairs, Contract No. 878 Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING --No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution confirming approval of plans, specifications, form of contract, etc. Resolution authorizing to proceed. Motion to receive and file and instruct City Clerk to read bids and refer to City Engineer for review. Submitted By: Wayne Castle, PLS, El, Associate Engineer 12. Request to vacate, sell and convey a portion of Greenhill Road right-of-way adjacent to 3561 University Avenue to Thirteen Associates, LLC in the amount of $28,000. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No Comments on File. Motion to close hearing and receive and file oral and written comments and recommendations of approval of Planning, Programming and Zoning Commission. Motion to receive, file and consider and pass for the first time an Ordinance approving a request by Thirteen Associates, LLC to vacate a portion of Greenhill Road right-of-way. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt the Ordinance. Resolution authoring sale and conveyance to Thirteen Associates, LLC in the amount of $28,000 and directing Mayor and Clerk to execute necessary documents. Submitted By: Noel Anderson, Community Planning and Development Director RESOLUTIONS 13. Resolution directing the advertisement for sale of $12,455,000 General Obligation Bonds, Series 2015A; setting the sale date as June 9, 2015, approving electronic bidding procedures and the Official Statement for the sale. Submitted By: Michelle Weidner, Chief Financial Officer Page 5 of 253 14. Resolution directing the advertisement for sale of $1,545,000 Taxable General Obligation Bonds, Series 2015B; setting the sale date as June 9, 2015, approving electronic bidding procedures and the Official Statement for the sale. Submitted By: Michelle Weidner, Chief Financial Officer 15. Resolution approving 2015 JAG Grant H009 -IA -RJ for the FY2016 Edward Byrne Memorial Justice Assistance Grant (JAG) in the amount of $58,833.00, to be used in a joint effort by jurisdictions of the City of Waterloo, City of Cedar Falls, Black Hawk County Sheriffs Office and the Black Hawk County Attorney's Office. Submitted By: Captain Frank Krogh 16. Resolution approving the release of City's reversionary rights on the properties located at 332 and 334 Irving Streets. Submitted By: David R. Zellhoefer, City Attorney 17. Resolution approving Completion of Project and Recommendation of Acceptance of Work performed by Pro Track and Tennis, Inc. of Bennington, NE at a total cost of $51,620 in conjunction with 2014 Byrnes Tennis Complex Resurfacing Project. Submitted By:Travis Nichols, Facilities/Project Manager, Leisure Services 18. Resolution approving Master Dark Fiber IRU Agreement with Unite Private Networks LLC allowing the use of certain existing city conduit in the right-of-way; and authorize Mayor to execute said document. Submitted By: Dennis Gentz, PE, Assistant City Engineer 19. Resolution approving Memorandum of Agreement with Hawkeye Community College to conduct Fire Science classes at the Regional Hazmat Training Center. Submitted By:Pat Treloar, Chief of Fire Services 20. Resolution approving Second Amendment to Development Agreement with ConAgra Foods Packaged Foods Company, Inc. for the $10,000,000 third phase at the existing Con Agra Foods site on Midport Boulevard — adding a $600,000 grant amount for infrastructure improvements, noting the excercise of the option land, exclusion of land for treatment facility, City extension of MidPort Boulevard, and authorize Mayor to sign and fully execute the document. Submitted By: Noel Anderson, Community Planning and Development Director 21. Resolution approving an agreement with Allen Hospital to perform the duties of Medical Director for an annual stipend of $5,000. Submitted By: Pat Treloar, Chief of Fire Services 22. Resolution approving grant application to Waterloo Convention & Visitors Bureau (CVB), partner funding program, Hotel -Motel Tax (Mini) Grant Application - Full Count Academy, in the amount of $2,430, for facility rental, umpires and sanctioning fees. Submitted By: Aaron Buzza, Executive Director ORAL PRESENTATIONS ADJOURNMENT Page 6 of 253 Motion to adjourn. Suzy Schares, CMC City Clerk/Human Resource Director MEETINGS 4:10 p.m. Council Work Session, Harold E. Getty Council Chambers 4:40 p.m. Ordinance Committee Meeting, Harold E. Getty Council Chambers 5:10 p.m. Finance Committee Meeting, Harold E. Getty Council Chambers PUBLIC INFORMATION 1. Community Development Board Minutes of April 21, 2015. Page 7 of 253 City of Waterloo Finance Committee Open Invoice Report For May 26, 2015 Approval Finance Committee Accounts Payable Open Invoice Report Total As of Friday, May 22, 2015 EFT Transactions: Bank Fees Friday Total 1,380,249.74 1, 373, 873.39 6,376.35 Add: Wellmark Weekly Claims EFT 110,533.82 Subtotal - as of Tuesday, May 26, 2015 1,490,783.56 Workers Compensation Issued by TPA Housing Authority Housing Assistance EFT's Housing Authority Housing Assistance EFT's Payroll 5,567.79 325,098.88 2,547.80 Bill Payment Total - Tuesday, May 26, 2015 Payment to Council members or related entities: $o.00 1,823,998.03 TRAVEL REQUEST CITY OF WATERLOO FINANCE DEPT. STAFF ONLY � LI ITEM USED ()2) fq 52.0d /3t -A0 / J r0 BUDGETED EXPENDED YTD THIS REQUEST LEFT AFTER THIS REQUEST DATE Original - Clerk/Financ Pit; Copy - Department NAME(S) AND POSITION(S): Robert Lentzkow, FOG Inspector DATE: 05/19/2015 NAME OF CLASS / MEETING: FOG Training DESTINATION: WRA, Des Moines, IA DEPARTURE POINT IF NOT WATERLOO: DEPARTURE DATE: June 3, 2015 RETURN DATE: June 4 DATE(S) OF MEETING: June 3-4, 2015 PURPOSE OF TRAVEL/TRAINING: To observe methods and procedures of FOG inspections WILL TRAVEL REQUIRE ADDITIONAL PERSONNEL: x COST $ YES NO METHOD OF TRAVEL: xx CITY VEHICLE PRIVATE VEHICLE AIRFARE DEPARTING FROM: Waterloo, Iowa ESTIMATE OF COST: 125.00 LODGING TAXI 60.00 MEALS PARKING 0.00 REGISTRATION AIRFARE MILEAGE/FUEL MISC/TOLLS TOTAL FOR ALL: $ 185.00 BUDGET LINE ITEM: 520-14-5200-1346 GRANT REIMBURSABLE YES NO REQUIRED CERTIFICATION YES NO TOTAL: $ PER PERSON I BELIEVE THIS TRIP SERVES A PUBLIC PURPOSE AND IS NECESSARY AND BENEFICIAL TO THE CITY OF WATERLOO l I APPROVE THIS TRAVEL REQUEST DEBAR'�f /f :2Nir EEAD MAYOR l°t--1s- ��2fi��►� DATE DATE K:\Shared Goodies\Forms\Travel Request Form January 2010 TRAVEL REQUEST CITY OF WATERLOO FINANCE DEPT. STAFF ONLY LINE ITEM USED ,alb -)'(5)1 `' FY I BUDGETED EXPENDED YTD THIS REQUEST LEFT AFTER THIS REQUEST DATE Original - Clerk/Finance Ma (JO '1V7$ ob Department NAME(S) AND POSITION(S): Bob Osgood, Chief Plumbing Inspector DATE: 5/19/2015 NAME OF CLASS / MEETING: IAPMO 86th Annual Education Conference DESTINATION Las Vegas, Nevada DEPARTURE POINT IF NOT WATERLOO DEPARTURE DATE: 9/27/2015 RETURN DATE: 10/7/2015 DATE(S) OF MEETING: 9/27/2015 — 10/1/2015 PURPOSE OF TRAVEL/TRAINING CEU (IAPMO will be covering all hotel expenses for this conference) WILL TRAVEL REQUIRE ADDITIONAL PERSONNEL: YES X COST $ NO METHOD OF TRAVEL: CITY VEHICLE PRIVATE VEHICLE X AIRFARE DEPARTING FROM: Cedar Rapids, Iowa ESTIMATE OF COST: LODGING TAXI MEALS PARKING 575.00 REGISTRATION 400.00 AIRFARE MILEAGE/FUEL MISC/TOLLS TOTAL FOR ALL: $ 975.00 BUDGET LINE ITEM: 010-22-5100-1346 YES NO X YES NO TOTAL: $ 975.00 GRANT REIMBURSABLE REQUIRED CERTIFICATION PER PERSON I BELIEVE THIS TRIP SERVES A PUBLIC PURPOSE AND IS NECESSARY AND BENEFICIAL TO THE CITY OF WATERLOO DEPARTMENT HEAD (9 abs s I APPROVE THIS TRAVEL REQUEST MAYOR DATE DATE K:\Shared Goodies\Forms\Travel Request Form January 2010 BONDS FOR COUNCIL APPROVAL MAY 26, 2015 RIGHT OF WAY CONSTRUCTION BOND (EXPIRES 4/30/2016) IA 594558 BLACK HAWK CONTRACTING & DEVELOPMENT Dba ROOFF DEVELOPMENT LLC Bd 7900550868 CHRISTONE, INC. 7900414955 ENVISION CONCRETE & LANDSCAPE CONSTRUCTION LLC RLI0461919 LARRY EVEN 2180297 MIKE DOLAN CONCRETE & MASONRY, INC. 7900322198 MICHAEL JAMES LSM0734827 QUICK CONSTRUCTION, LLC IA 654899 TEAM SERVICES, INC. 09022111 TERRACON CONSULTANTS, INC. AMOUNT $5,000.00 WATERLOO, IA WATERLOO, IA WATERLOO, IA GILBERTVILLE, IA WATERLOO, IA WAVERLY, IA WATERLOO, IA DES MOINES, IA CEDAR FALLS, IA BUILDING MOVER'S BOND (EXPIRES 4/30/2016) AMOUNT $10,000.00 71553893 FERNEAU & SONS HOUSE MOVING & RAISING, LLC MARSHALLTOWN, IA FY2015 Sidewalk Repair Program — Zone 5 and Trail Repairs, Contract No. 878 Bid Opening: May 21, 2015 Estimate: $ Bid Security: Bidder Bid Security Bid Amount Mike Dolan Concrete & Masonry Inc. 5% $330,258.09 B&B Builders & Supply Waterloo, IA 5% $249,787,72 Midwest Concrete Inc. Peosta, IA 5% $325,442.00 Prepared by Nancy Higby, Administrative Secretary, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291- 4323. RESOLUTION NO. 2015-359 RESOLUTION APPROVING ORDER ASSESSING PENALTY OF SECOND VIOLATION AND ORDER ACCEPTING ACKNOWLEDGMENT/SETTLEMENT AGREEMENT - SECOND VIOLATION FOR METRO MART, 2332 FALLS AVENUE, AND DIRECTING EXECUTION OF SAID ORDER BY MAYOR. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Order Assessing Penalty of Second Violation and Order Accepting Acknowledgment/Settlement Agreement - Second Violation dated May 26, 2015, in the amount of $1,500.00, in conjunction with Second Violation of Iowa Code 453A.2(1) selling, giving, or otherwise supplying any tobacco, tobacco products or cigarettes to any person under eighteen years of age for Metro Mart, 2332 Falls Avenue, 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 26th da of May 26, 2015. ATTEST: Suzy tares, CMC City C rk 44.1.44r rnest G. Clark, Mayor Prepared by Nancy Higby, Administrative Secretary, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291- 4323. RESOLUTION NO. 2015-360 RESOLUTION FIXING THE TIME AND PLACE OF HEARING AND NOTICE TO BE GIVEN ON THE REQUEST OF SETH GREEN TO VACATE A PLATTED 5' WIDE BY APPROXIMATELY 290.2' LONG UTILITY EASEMENT ALONG THE WEST PROPERTY LINE OF LOT 3 OF TOWER PARK NO. 5, AS JUNE 8, 2015, AT 5:30 P.M. IN HAROLD E. GETTY COUNCIL CHAMBERS, WATERLOO, IOWA, 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 at the Harold E. Getty Council Chambers in City Hall in the City of Waterloo, Iowa, at 5:30 p.m. on the 8th day of June, 2015, for the purpose of considering and acting upon a proposal to vacate a 5' wide by approximately 290.2' long utility easement along the west property line of Lot 3 of Tower Park No. 5, requested by Seth Green, for the purpose of constructing a three (3) story indoor storage facility on the property, legally described as follows: An easement vacation of a part of a 5.00' wide public utility easement located in Lot 3, Tower Park No. 5, in the Northwest 1/4 of the Northeast 1/4 of Section 9, Township 88 North, Range 13 West of the 5th P.M., City of Waterloo, Black Hawk County, Iowa. More Particularly described as follows: The West 5.00' of said Lot 3, except the North 10.00' and the South 10.00' thereof. , City of Waterloo, Black Hawk County, Iowa. 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 26th day of May, 2015. ATTEST: Suzy S ares, CMC City C erk rnest G. Clark, Mayor Prepared by Nancy Higby, Administrative Secretary, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291- 4323. RESOLUTION NO. 2015-361 RESOLUTION FIXING THE TIME AND PLACE OF HEARING TO BE GIVEN ON APPLICATION OF NICOLE COOK OF WATERLOO, IOWA TO REZONE 4.43 ACRES FROM "A-1" AGRICULTURAL DISTRICT TO "R-2" ONE AND TWO FAMILY RESIDENCE DISTRICT FOR THE PURPOSE OF CONSTRUCTING ONE NEW SINGLE-FAMILY HOME, GENERALLY LOCATED EAST OF 920 SOUTH VIEW DRIVE, AS JUNE 8, 2015, AT 5:30 P.M. IN HAROLD E. GETTY COUNCIL CHAMBERS, CITY HALL, WATERLOO, IOWA, AND INSTRUCTING CITY CLERK TO PUBLISH NOTICE OF HEARING. WHEREAS, the Council of the City of Waterloo, Iowa, shall meet in the Harold E. Getty Council Chambers, City Hall, in the City of Waterloo, Iowa, at 5:30 p.m. on the 8th day of June, 2015, for the purpose of considering and acting upon an application of Nicole Cook of Waterloo, Iowa to rezone 4.43 acres from "A-1" Agricultural District to "R-2" One and Two Family Residence District for the purpose of constructing one new single-family home, generally located east of 920 South View Drive, and legally described as follows: The South 169 feet Block No. 45 and the South 169 feet Block No. 50, all of Block No. 46, Block No. 47, Block No. 48 and Block No. 49 except that part deeded to the City of Waterloo in 669 CLD 81, filed June 15, 1999 in the Office of Black Hawk County Recorder, in City View Heights, City of Waterloo, Black Hawk County, Iowa. 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 26th day of May, 2015. Ernest ATTEST: zy S.hares, CMC City C erk . Clark, Mayor Prepared by Nancy Higby, Administrative Secretary, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291- 4323. RESOLUTION NO. 2015-362 RESOLUTION FIXING THE TIME AND PLACE OF HEARING AND NOTICE TO BE GIVEN ON THE REQUEST TO CONVEY A PORTION OF LOT 11 OF MID PORT AMERICA PARK PLAT NO. 2 TO CON AGRA FOODS PACKAGED FOODS COMPANY FOR $1.00, FOR THE PURPOSE OF EXPANDING THEIR FACILITY IN WATERLOO IN ACCORDANCE WITH THE SECOND AMENDMENT TO DEVELOPMENT AGREEMENT, AS JUNE 8TH, 2015, AT 5:30 P.M. IN HAROLD E. GETTY COUNCIL CHAMBERS, CITY HALL, WATERLOO, IOWA 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 Harold E. Getty Council Chambers, City Hall, in the City of Waterloo, Iowa at 5:30 p.m. on the 8th day of June, 2015, for the purpose of considering and acting upon a request to sell and convey a portion of Lot 11 of Mid Port American Park Plat No. 2 to Con Agra Foods Packaged Foods Company, for the purpose of expanding their facility in Waterloo in accordance with the Second Amendment to Development Agreement, and legally described as follows: Lot 11 of Midport America Park Plat No. 2, City of Waterloo, Black Hawk County, Iowa, except that part described as follows: Beginning at the Southeast corner of Tract C, Midport America Park; thence N14Deg02'34" E Two Hundred Seventy-five and Forty- seven Hundredths (275.47) feet along the East line of said Tract C to the Northeast corner of said Tract C; thence N75Deg59'52"W One Hundred Ninety-nine and Ninety-nine Hundredths (199.99) feet along the North line of said Tract C to the Northwest corner of said Tract C; thence N14Deg02'02"E Ninety-eight and Forty-two Hundredths (98.42) feet along the West line of aforesaid Lot Eleven (11); thence S71Deg21'20"E Two Hundred Eleven and Forty- three Hundredths (211.43) feet; thence Sl5Deg46'00"W Three Hundred Fifty-six and Ninety-five Hundredths (356.95) feet to the point of beginning containing 19,979 square feet. 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 26th day of May, 2015. ATTEST: uzy S es, MC City C erk rnest G. Clar , Mayor Prepared by Nancy Higby, Administrative Assistant, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291- 4323. RESOLUTION NO. 2015-363 RESOLUTION FIXING THE TIME AND PLACE OF HEARING AND NOTICE TO BE GIVEN ON THE PROPOSED DEVELOPMENT AGREEMENT WITH GMJ2 INDUSTRIES, LLC TO SELL AND CONVEY FOR $1.00, PLUS COSTS, CITY -OWNED PROPERTY LOCATED AT THE NORTHWEST CORNER OF NORTHEAST DRIVE AND MARTIN LUTHER KING, JR. DRIVE IN THE NORTHEAST INDUSTRIAL PARK, FOR THE CONSTRUCTION OF A MINI -STORAGE DEVELOPMENT, AS JUNE 8, 2015, AT 5:30 P.M. IN HAROLD E. GETTY COUNCIL CHAMBERS, CITY HALL, WATERLOO, IOWA 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 Harold E. Getty Council Chambers, City Hall, in the City of Waterloo, Iowa at 5:30 p.m. on the 8th day of June, 2015, for the purpose of considering and acting upon a proposed Development Agreement with GMJ2 Industries, LLC to sell and convey for $1.00, plus costs, City -owned property located at the northwest corner of Northeast Drive and Martin Luther King, Jr. Drive in the Northeast Industrial Park, for the construction of a mini -storage development, and legally described as follows: Lots 14, 15, and 16, Northeast Industrial Park Plant No. 3, City of Waterloo, Black Hawk County, Iowa. 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 26th day of June, 2015. ATTEST: Suzy S hares, CMC City Clerk Ernest . Clar , Mayor Prepared by Nancy Higby, Administrative Secretary, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291- 4323. RESOLUTION NO. 2015-364 RESOLUTION GRANTING REQUEST OF KELLY ANGELL, ON BEHALF OF RELAY FOR LIFE OF BLACK HAWK COUNTY FOR A VARIANCE TO ORDINANCE NO. 3094, NOISE ORDINANCE. WHEREAS, Kelly Angell on behalf of Relay for Life of Black Hawk County is requesting a variance to the Noise Ordinance on June 19, 2015, from 12:00 p.m. to 12:00 a.m. to be held at Hawkeye Community College, located at 1501 E. Orange Road, including the use of a PA system, and WHEREAS, said event will exceed the limits of the Ordinance No. 3094, Noise Ordinance, and WHEREAS, said Kelly Angell on Relay for Life of Black Hawk County has made formal application for a variance effective June 19, 2015, from 12:00 p.m. to 12:00 a.m., together with recommendation and approval of the Director of Safety Services. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the request of Kelly Angell, on behalf of Relay for Life of Black Hawk County for a variance to Ordinance No. 3094, Noise Ordinance, on June 19, 2015, from 12:00 p.m. to 12:00 a.m., be and the same hereby granted. PASSED AND ADOPTED this 26th day of May, 2015. Ernest G. Clark, Mayor ATTEST: Suzy Shares, CMC City C erk Prepared by Kelley Felchle, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2015-372 RESOLUTION AUTHORIZING SALE AND CONVEYANCE OF CITY OWNED PROPERTY LOCATED AT 323 CRESCENT PLACE FOR $5,000.00 WITH DEVELOPMENT AGREEMENT, AND AUTHORIZE CITY ATTORNEY TO EXECUTE AND DELIVER DEED ACCORDINGLY FOR THE SAME. WHEREAS, the City of Waterloo, Iowa, is the owner of real property in the City of Waterloo, Iowa, as described below, and WHEREAS, an offer to purchase said certain parcels of real property in the sum of $5,000, plus costs, has been made by Greg Smith, and WHEREAS, a public hearing was held on May 26, 2015, at 5:30 p.m. in the Council Chambers in City Hall, Waterloo, Iowa, as provided by law, by the Council of the City of Waterloo, Iowa, on the proposal to sell and convey premises owned by the City of Waterloo, Iowa, to Greg Smith, and WHEREAS, it is the opinion of this Council that sale and conveyance should be made as proposed. NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, AS FOLLOWS: 1. The following described real property, as fully described in the published notice in the Waterloo Courier on May 15, 2015, is not presently needed and will not be needed in the foreseeable future for municipal purposes and its ownership is serving no municipal purpose, and 2. That the offer of Greg Smith to purchase real property for the sum of $5,000.00, and costs, is hereby accepted for real property described below: Calumet Subdivision Lot 4 Block 3, in the City of Waterloo, Black Hawk County, Iowa; 3. That the City of Waterloo, Iowa, conveys said parcels of real property to Greg Smith by deed. 4. That the City Attorney is hereby authorized to execute and deliver deed to Greg Smith. 5. That the original of said deed fully executed and acknowledged is hereby approved and confirmed by the Council. 6. That the City Attorney is authorized and directed to deliver said deed of conveyance to Greg Smith, upon receipt of the sum of $5,000. PASSED AND ADOPTED this 26th d of May 2015. ATTEST: Suzy Shares, CMC City C erk rnest G. Clark, Mayor Prepared by Kelley Felchle, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2015-373 RESOLUTION APPROVING DEVELOPMENT AGREEMENT WITH GREG SMITH AND AUTHORIZE THE MAYOR TO EXECUTE THE SAME. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Development Agreement, dated May 26, 2015, for the sale of City -owned land located at 323 Crescent Place for a minimum bid of $5,000, for the rehabilitation of said property within twelve (12) months, between Greg Smith and the City of Waterloo, Iowa, is hereby approved, and the Mayor is authorized to execute the same on behalf of the City of Waterloo, Iowa. PASSED AND ADOPTED this 26th cry of May 2015. ATTEST: Suzy S hares, CMC City Clerk hest G. Clark, Mayor Prepared by Kelley Felchle, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2015-374 RESOLUTION APPROVING FYE2015 BUDGET AMENDMENT. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA AS FOLLOWS: WHEREAS, the Council of the City of Waterloo, Iowa, met in the Harold E. Getty Council Chambers, in the City Hall, of the City of Waterloo, Iowa at 5:30 p.m., on the 26th day of May 2015, for the purpose of considering and acting upon the amendment of the current budget for the City of Waterloo for the fiscal year ending June 30, 2015, by changing estimates of revenue and expenditure appropriations. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the amendment of the current budget for the City of Waterloo, be hereby approved. PASSED AND ADOPTED this 26th ` y of May 2015. ATTEST: Suzy Sc ares, CMC City Clerk :#17/ nest G. lark, Mayor Prepared by Kelley Felchle, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2015-375 RESOLUTION CONFIRMING APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, ETC. IN CONJUNCTION WITH THE FY2015 SIDEWALK REPAIR ASSESSMENT PROGRAM—ZONE 5 AND TRAIL REPAIRS, CONTRACT NO. 878. WHEREAS, the City Council of the City of Waterloo, Iowa, heretofore instructed the City Engineer of the City of Waterloo to prepare proposed plans, specifications, form of contract and bid documents, in conjunction with the FY 2015 Sidewalk Repair Assessment Program—Zone 5 and Trail Repairs, Contract No. 878, in the City of Waterloo, Iowa, and WHEREAS, said City Engineer did file said plans, specifications, form of contract and bid documents, in conjunction with the FY 2015 Sidewalk Repair Assessment Program— Zone 5 and Trail Repairs, Contract No. 878, which were preliminarily approved on May 21, 2015, and WHEREAS, a public hearing, upon notice, was held on May 26, 2015 and no objections were made. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that said plans, specifications, form of contract and bid documents, in conjunction with the FY 2015 Sidewalk Repair Assessment Program—Zone 5 and Trail Repairs, Contract No. 878. PASSED AND ADOPTED this 26th Day of May 2015. Ernest G. Clark, Mayor ATTEST: zy ':chares, CMC City Jerk Prepared by Kelley Felchle, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2015-376 RESOLUTION AUTHORIZING TO PROCEED WITH THE FY2015 SIDEWALK REPAIR ASSESSMENT PROGRAM—ZONE 5 AND TRAIL REPAIRS, CONTRACT NO. 878. WHEREAS, by Resolution No. 2015-375, plans, specifications, form of contract and bid documents, in conjunction with the FY 2015 Sidewalk Repair Assessment Program—Zone 5 and Trail Repairs, Contract No. 878, in the City of Waterloo, Iowa, have been approved and adopted by this Council after the hearing prescribed by statute. 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 authorization to proceed be approved. PASSED AND ADOPTED this 26th ATTEST: Suzy Sc are CMC City Cl�rk of May 2015. Ernest G. Clark, Mayor Prepared by Kelley Felchle, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2015-380 RESOLUTION APPROVING THE RELEASE OF CITY'S REVERSIONARY RIGHTS ON THE PROPERTIES LOCATED AT 332 AND 334 IRVING STREETS. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA that the Release of Reversionary Rights, dated May 26, 2015, releasing and relinquishing all rights of reversion, or similar rights, arising from or in connection with a certain Development Agreement, dated February 20, 2006, filed as Doc. No. 2006-24421, as such rights relate to real property now legally described as follows: ROBERT ROBINSONS SUBDIVISION OF THE EAST HALF OF THE WEST HALF OF LOTS NOS. 1 AND 2 OF HARDY AND VIRDENS PLAT OF THE SOUTH EAST QUARTER OF SEC 24T 89 NORTH OF R 13 WEST OF THE 5TH P M N 40FT LOT 10 and sometimes legally described as: THE NORTH 40 FEET OF EVEN WIDTH OF LOT NO. 10 IN ROBERT ROBINSON'S SUB -DIVISION OF THE EAST ONE HALF OF LOT NO. ONE (1) AND THE WEST ONE HALF OF LOT NO. TWO (2) IN HARDY AND VIRDEN'S PLAT OF THE SOUTHEAST QUARTER (SE ',1) OF SECTION NO. 24 IN TOWNSHIP NO. 89 NORTH, RANGE NO. 13, WEST OF THE FIFTH PRINCIPAL MERIDIAN IN THE CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA By and between Iowa Heartland Habitat for Humanity and the City of Waterloo, Iowa, is hereby approved, and the Mayor and City Clerk are hereby authorized to execute the same on behalf of the City of Waterloo, Iowa. PASSED AND ADOPTED this 26th day of May 2015. r est G. ark, Mayor ATTEST: Suzy Shares, CMC City C]Jerk Prepared by Kelley Felchle, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2015-381 RESOLUTION APPROVING COMPLETION OF PROJECT AND RECOMMENDATION OF ACCEPTANCE OF WORK PERFORMED BY PRO TRACK AND TENNIS, INC., AT A TOTAL COST OF $51,620 IN CONJUNCTION WITH 2014 BYRNES TENNIS COMPLEX RESURFACING PROJECT. WHEREAS Pro Track and Tennis, Inc. of Bennington, Nebraska performed work on the 2014 Byrnes Park Tennis Complex Resurfacing Project, and WHEREAS, Pro Track and Tennis, Inc., has completed the aforementioned project in accordance with the project plans and specifications. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the completion of project and acceptance of work performed by Pro Track and Tennis, Inc., of Bennington, Nebraska on the 2014 Byrnes Park Tennis Complex Resurfacing Project be hereby accepted. PASSED AND ADOPTED this 26th day of May 2015. CSO rnest G. Clark, Mayor ATTEST: Suzy Sres, CMC City v e k Prepared by Kelley Felchle, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2015-382 RESOLUTION APPROVING MEMORANDUM OF AGREEMENT WITH HAWKEYE COMMUNITY COLLEGE TO CONDUCT FIRE SCIENCE CLASSES AT THE REGIONAL HAZMAT TRAINING CENTER. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Memorandum of Understanding dated May 26, 2015, granting Hawkeye Community College permission to conduct Fire Science Classes at the Regional Hazmat Training Center, owned by the City of Waterloo, Iowa, be hereby approved and the Mayor is hereby authorized to execute the same on behalf of the City of Waterloo, Iowa. PASSED AND ADOPTED this 26th day of May 2015. rYrest G. Clark, Mayor ATTEST: Prepared by Kelley Felchle, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2015-383 RESOLUTION APPROVING SECOND AMENDMENT TO DEVELOPMENT AGREEMENT WITH CONAGRA FOODS PACKAGED FOODS COMPANY, INC. FOR THE $10,000,000 THIRD PHASE AT THE EXISTING CON AGRA FOODS SITE ON MIDPORT BOULEVARD - ADDING A $600,000 GRANT AMOUNT FOR INFRASTRUCTURE IMPROVEMENTS, NOTING THE EXCERCISE OF THE OPTION LAND, EXCLUSION OF LAND FOR TREATMENT FACILITY, CITY EXTENSION OF MIDPORT BOULEVARD, AND AUTHORIZE MAYOR TO SIGN AND FULLY EXECUTE THE DOCUMENT. WHEREAS the development agreement with ConAgra Foods Packaged Foods Company, Inc., dated May 14, 1997, was amended by an amendment dated May 8, 2006 and recorded as Doc. No. 2006- 29335, and WHEREAS, proposed second amendment amends the original Development Agreement with Con Agra Foods for incentives for the Phase III expansion at their site at 2701 MidPort Boulevard. This incentive package and resolution shall also act as local support for their application to IEDA for State incentives for same project. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that and the second amendment, dated May 26, 2015, for the third phase at the existing ConAgra Foods Site on Midport Boulevard, adding a $600,000 grant amount for infrastructure improvements, noting the exercise of the option land, exclusion of land for a treatment facility, and the extension of Midport Boulevard by the City of Waterloo, between ConAgra Foods Packaged Foods Company, Inc. of Waterloo, Iowa and the City of Waterloo, Iowa be hereby approved and the Mayor is authorized to execute the same on behalf of the City of Waterloo, Iowa. PASSED AND ADOPTED this 26th day of May 2015. (e:Lir Ernest G. Clark, Mayor ATTEST: uzy '.c ares, CMC City lerk Prepared by Kelley Felchle, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2015-384 RESOLUTION APPROVING AN AGREEMENT WITH ALLEN HOSPITAL TO PERFORM THE DUTIES OF MEDICAL DIRECTOR FOR AN ANNUAL STIPEND OF $5,000. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Allen Medical Director Agreement, dated May 26, 2015, between Medical Center, Waterloo, Iowa and the City of Waterloo Fire Department, Waterloo, Iowa, to perform the duties of Medical Director for an annual stipend of $5,000.00, be hereby approved and direct the Fire Chief of the City of Waterloo to execute the same on behalf of the City of Waterloo, Iowa. PASSED AND ADOPTED this 26th day of May 2015. ATTEST: Suzy Sc ares, CMC City Cl-rk nest G. Clark, Mayor Prepared by Kelley Felchle, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2015-385 RESOLUTION APPROVING GRANT APPLICATION TO WATERLOO CONVENTION & VISITORS BUREAU (CVB), PARTNER FUNDING PROGRAM, HOTEL -MOTEL TAX (MINI) GRANT APPLICATION - FULL COUNT ACADEMY, IN THE AMOUNT OF $2,430, FOR FACILITY RENTAL, UMPIRES AND SANCTIONING FEES. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the grant application dated May 26, 2015, for a hotel/motel tax grant for FY2015 to be used to support Full Count Academy, in the amount of $2,430.00, for facility rental, umpires, and sanctioning fees, by and between the Waterloo Convention and Visitors Bureau and the City of Waterloo, Iowa, is hereby approved. PASSED AND ADOPTED this 26th dam of May 2015. ATTEST: Ernest G. Clark, Mayor Suzy •c'h res, CMC City lerk 111111111111115111111111111111111 lli IIII IIII Doc ID: 006772940002 Type: GEN Recorded: 06/02/2015 at 12:49:17 PM Fee Amt: $17.00 Page 1 of 2 Black Hawk County Iowa SANDIE L. SMITH RECORDER Fi1e2015-00019568 Prepared by: David R. Zellhoefer, City Attorney, City of Waterloo, 715 Mulberry St., Waterloo, IA 50703 (319) 291-4327 Return to preparer after recording. RELEASE OF REVERSIONARY RIGHTS WHEREAS, on or about the 20th day of February, 2006, the City of Waterloo, Iowa ("City") and Iowa Heartland Habitat for Humanity ("Developer") entered into a certain Development Agreement (the "Agreement"), filed April 10, 2006, as Doc. No. 2006-24421, concerning property commonly known as 334 Irving Street, and legally described as: Robert Robinsons Subdivision of the East Half of the West Half of Lots Nos. 1 and 2 of Hardy and Virdens plat of the South East Quarter of Sec 24 T 89 North of R 13 West of the 5th P M N 40 Ft Lot 10 and sometimes legally described as: The North 40 feet of even width of Lot No. 10 in Robert Robinson's Sub -division of the East one half of Lot No. One (1) and the West one half of Lot No. Two (2) in Hardy and Virden's Plat of the Southeast Quarter (SE 1/4) of Section No. Twenty-four (24) in Township No. Eighty-nine (89) North, Range No. Thirteen (13), West of the Fifth Principal Meridian in the City of Waterloo, Black Hawk County, Iowa, and WHEREAS, City also prepared an Agreement described in Resolution 2013-299 which was recorded in the Black Hawk County Recorder's Office as Doc. No. 2014-20420, said Development Agreement was not executed or recorded, conveying property commonly known as 332 Irving Street, Waterloo, Iowa, and legally described as: The South 20 feet of Lot No. 10 and all of Lot No. 11, except the South 41 feet thereof, in Robert Robinsons Subdivision of the East Half of The West half of Lots Nos. 1 and 2 of Hardy and Virdens Plat of the Southeast Quarter of Section 24, Township 89 North of Range 13 West of the 5th P.M. in Black Hawk County, Iowa, and WHEREAS, the Agreements provided for a right of reversion or repurchase if the Developer failed to take timely action to develop the property on the terms set forth in the Agreements; and WHEREAS, Developer has satisfied the conditions for extinguishment of City's reversionary or repurchase rights as to the properties. a NOW, THEREFORE, City does hereby release and relinquish all rights of reversion, repurchase or similar rights, arising form or in connection with the agreements as such rights relate to real property now legally described as cited above. Dated this day of May, 2015. CITY OF WTrERLOO, IOWA By: Attest STATE OF IOWA, BLACK HAWK COUNTY,ss: 70e./ Ernest G. Clark, Mayor Suzy Scares, City Clerk This record was acknowledged before me on the )L day of , 2015, by Ernest G. Clark and Suzy Schares, Mayor and City Clerk, respectively, of the City of Waterloo, Iowa. o PP'"` a� P T. NANCY HIGBY COMMISSION NO.788229 * ""•- ` MY COMMISSION WIRES Notary Public in d for th L4tate of Iowa. CITY OF WATERLOO, IOWA COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street • Waterloo, IA 50703 • (319) 291-4366 Fax (319) 291-4262 MEMORANDUM To: Mayor and Council From: Aric A. Schroeder, City Planner- Date: 05/18/15 RE: Overview of the following proposed Code amendments: 1) International Property Maintenance Code, 2) New Chapter 5, Parking in Residential Areas, of Title 6, Motor Vehicles and Traffic, 3) Chapter 4, Litter Control, of Title 4, Public Health and Safety, 4) Zoning Ordinance No. 5079, and 5) Chapter 2, Main Street Waterloo Redevelopment Authority, of Title 2, Boards and Commissions Staff is proposing multiple amendments to several different sections of the Code of Ordinances and to the City of Waterloo Zoning Ordinance No. 5079. This memo is designed to provide an overview summary of the significant changes proposed, along with a brief summary and background information on the purpose of the proposed changes This summary does not cover all changes, and a complete copy of the proposed changes, showing strike through of wording proposed to be removed and underline for wording proposed to be added has been provided. International Property Maintenance Code Staff has been working on an overhaul of the International Property Maintenance Code (IPMC), which is Article B of Chapter 1, Building Code, of Title 9, Building Regulations.. Significant changes include: Repeal the currently adopted Code, which is the 2009 edition, and replace it with the 2015 edition. The Building Inspections Department will be working to update the various codes to their 2015 edition as prepared by the International Code Council. Updating the IPMC now will avoid action on a second amendment in the near future. Establish the Building Inspections Department as the department of property maintenance inspection (term used in the IPMC) and establish the Building Official as the appointed Code Official. Also appoints the Code Enforcement officers, building inspectors, fire inspectors, and officers of the Waterloo Police Department as Deputies authorized to enforce the IPMC. Section 111.21 that provides for alternate members of the IPMC appeals board is deleted, as alternate members are not utilized, and Section 111.25 is deleted that provides reference to compensation of members, as no compensation is provided. CITY WEBSITE: www.cityofwaterlooiowa.com WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer - Section 112.4 is reworded to provide consistent wording with other codes pertaining to stop work orders and violations of the Code. - Section 302.4 that provides for weed control is deleted, as weed control provisions are covered by existing Code (7-5B). Section 302.8 that regulates junk vehicles is deleted, as junk vehicles are covered by existing Code (4-4-7). Section 302.8.1 that regulates parking in R-1 and R-2 Zoned Districts is deleted. This section was an "add on" section to the IPMC (not part of the IPMC as published by the International Code Council). The entire section (approximately 8 pages of text) is being moved to a new chapter of the Code (6-5). In additional to being moved to a new chapter, the regulations are being substantially overhauled as well, and the summary of those changes is below under the section for "New Chapter 5, Parking in Residential Areas". Section 304.14 that regulates insect screens is deleted, as insect screens are covered by the existing Building Code. Section 308.2.1.1 that regulates waste container size is updated to note a minimum requirement of 2 cubic yards of capacity for each increment of 4 units, and wording added to note appropriate waste containers shall be provided for non-residential or mixed-use developments. Section 403.7 is a new section providing requirements for carbon monoxide alarms. This wording is requested by the Building Official to address alarms for existing rental units. - Section 602.3 that regulates heat supply for dwelling units and Section 602.4 that regulates heat supply for occupiable work spaces are deleted and replaced with wording that is consistent with other Code. New Chapter 5, Parking in Residential Areas As noted above, a large section of "add on" regulations to the IPMC regulating residential parking is being removed from the IPMC and added as a new Chapter 5, Parking in Residential Areas, of Title 6, Motor Vehicles and Traffic. Although this entire chapter is a "new" chapter, the provided copy of the proposed amendment still shows strike through and underlines to show how the wording is proposed to be changed from how it was worded under the IPMC. There are a significant amount of changes being proposed, including: - Section 6-5-2 Definitions (which under the IPMC was section 302.8.1.2) is updated, including an updated definition of DRIVEWAY, a new definition of a DRIVEWAY EXTENSION, an updated definition of VEHICLE to be consistent with definitions in other Code, an updated definition of FRONT YARD, REAR YARD, and SIDE YARD, and deleting the definition of JUNKED VEHICLES. staff memo 05-18-15 Overview of Multiple Amendments to be reviewed by the Council Ordinance Committee Section 6-5-3 Standards Governing the Off -Street Parking or Storage of Vehicles as an Accessory Use on Residential Properties (which under the IPMC was section 302.8.1.3) is substantially updated, including: o Current provision limiting the number of vehicles parked outside on a property to no more than 4 vehicles is changed to exclude recreational vehicles and trailers with a recreational vehicle on it. The number of recreational vehicles allowed is increased from 2 to 3. A provision is added allowing the maximum number of vehicles to be increased to a number not more than the number of licensed drivers legally residing at the property. o Minimum depth of surface types is provided, including 5 inches of concrete, four inches of asphalt on a 6 inch rock base, or 6 inches of gravel. Patio pavers, bricks, or similar products CAN be an approved surface as long as placed over 4 inches of rock base, and the parking surface must be at least as wide as the vehicle (can't just put pavers under the tires). Gravel is no longer an approved parking surface in a front yard beyond the driveway (so gravel is still permitted in the rear or side yard and in the front yard for the driveway, but not a driveway extension). Existing gravel areas in a front yard that extend past the driveway (so driveway extensions) have until December 31, 2016 to be brought into compliance with the requirements (both size limits and hard surfacing requirements). Existing wording limiting the area of the front yard that can be used for parking area to 33% is removed. The proposed wording is designed to ensure that the majority of front yards are not used as a parking area, which can detract from the residential character of a neighborhood and lead to other enforcement issues. The previous limitation of 33% was difficult to calculate and not very effective. o Driveway extensions are limited to a maximum of 10' in width measured perpendicular to the driveway. An exception to the 10' is provided for circular drivees approved by the City Engineer and for a driveway turnaround (hammerhead) if not used for parking. Existing driveway extensions that do not comply with the requirements that are surfaced with asphalt or concrete are permitted to continue and to be rebuilt, as long as said rebuild does not increase the non -conformity. o Current provision prohibiting recreational vehicles from parking in a front yard is amended to add an exception for temporary periods not exceeding 7 days. o Current front yard parking citation section is amended to add an exception for front yard parking for work in progress, such as construction, tree trimming, etc., or temporary activities such as deliveries or vehicle washing not exceeding 2 hours. - Section 6-5-4 is created detailing the impoundment of illegally parked vehicles. - Section 6-5-5, Effective Date, is amended to note that current residents owning recreational vehicles on the effective date shall have until December 31, 2015 to conform to the parking provisions of the chapter. staff memo 05-18-15 Overview of Multiple Amendments to be reviewed by the Council Ordinance Committee - Section 6-5-6, Enforcement, is amended to clarify that Code Enforcement officers and officers of the Waterloo Police Department are authorized to enforce the provisions of the chapter. Section 6-5-7 is created providing for an appeal process to the Parking in Residential Areas Chapter. Currently the parking regulations are under the IPMC and the IPMC appeals process would apply, but a new appeal process was needed with removal of these regulations from the IPMC. The proposed appeal process would require that appeals go before a hearing of the Council or its designated committee, which would allow the Council to have such appeals come before the full Council at a regular meeting, or the Council could take action to designate a new or existing Council committee to hear the appeals. Chapter 4, Litter Control, of Title 4, Public Health and Safety The existing IPMC has regulations addressing junk vehicles, however these regulations are proposed to be removed so that they do not duplicate or conflict with the regulations contained in Section 4-4, and the regulations are being updated with multiple changes, including: Section4-4-4 is amended by adding a subsection C to add restrictions on accumulation of litter, garbage or other refuse that constitutes a public health nuisance in vehicles. This wording is requested by the Code Enforcement officers to address situations where significant amounts of junk is confined within vehicles that can create a public health nuisance but the vehicles are otherwise legal. - Section 4-4-7, Junk Motor Vehicles, is substantially updated including: o Addition of a definition of ACTIVELY RESTORED, which includes requiring documentation that a vehicle is being actively restored. o The identified Code Enforcement Office is switched from the Building Official or Neighborhood Services Coordinator to the Superintendent of Waste Management Services, who oversees the Code Enforcement division. o Addition of a definition of Special Interest Vehicle o Notice of Violation section is updated with wording allowing notice to be sent by first-class mail AND posting the notice on the property, and certain situations where notice by publication is allowed. o An exception is provided for a junk vehicle that is either an antique that is a 1972 model year or older that is being actively restored or an operable special interest vehicle or a special interest vehicle that is being actively restored when such vehicles are stored in a rear or side yard and fully enclosed behind a solid fence at least 6 feet in height. Any junk vehicle stored within an enclosed building would continue to be exempted. o Enforcement officer is switched from "health" officer to "code enforcement" officer, as the Health Department no longer oversees the enforcement of this Section. staff memo 05-18-15 Overview of Multiple Amendments to be reviewed by the Council Ordinance Committee - Section 4-4-13, Notice of Violation is updated to have consistent wording with other Notice of Violation Sections of the Code. Zoning Ordinance No. 5079 Staff has been working on multiple updates to the Zoning Ordinance. The Planning, Programming and Zoning Commission held a hearing on March 3, 2015 and unanimously recommended approval of the proposed amendment. Significant changes include: Section 10-5-1 (E) Accessory Structures: this amendment will provide that after July 1, 2015, no single family or two family dwelling shall be constructed or moved onto a property without having a minimum enclosed garage built. The proposed minimum is 14' x 20' for single family, and the proposed minimum for two family dwellings is that each unit must have a 14' x 20' or a single accessory structure that is 22' x 20' would be required. The amendment would also provide an exception for accessory structures that are 120 SF or less and are 8' in height or less from having to meet setback requirements. - Section10-6-1 (A)(14) Single family home replacement in the "A-1". Similar to the "M- 1" Light Industrial District, the "A-1" Agricultural District currently has a provision allowing for homes that were legally built prior to adoption of the Zoning Ordinance back in 1969 to be considered a legal use and not a legal non -conforming use, including allowing the dwelling to be rebuilt. However, the "M-1" District has a provision requiring that such a rebuild must occur within 2 years of the removal of the original dwelling or within 2 years of removal of a legal replacement structure. The proposed amendment would add this same 2 year requirement to the "A-1" District. Sections 10-8-1 (A)(1) and 10-9-1 (A)(2) Two family conversions. The Ordinance currently has a provision in the "R-2" One and Two Family Residence District that requires alterations and conversions of single family dwellings into two family dwellings to obtain Special Permit approval by the Board of Adjustment after recommendation of the Commission. The proposed amendment would move this wording from the "R-2" District to the "R-1" One and Two Family Residence District. This was an oversight by staff during the updates to the Zoning Ordinance that were completed with Ordinance 5079 in 2011, as at that time, staff was initially proposing to no longer allow two family dwellings in the "R-1" District. The proposal to no longer allow two family dwellings in the "R-1" was dropped from that amendment, but staff did not catch at that time the need to then move this wording to the "R-1" District. - Section 10-14-1 (A)(6) Exclusion of freestanding commercial parking lots. The amendment would add this use to the list of uses specifically excluded as a principal permitted use in the "C-1" Neighborhood Commercial District. Section 10-15-1 (A)(29) Freestanding commercial parking lots. The amendment would add this use as a principal permitted use in the "C-2" Commercial District upon approval of a Special Permit by the Board of Adjustment after recommendation of the Commission. - Sections 10-22-1 (A)(1), 10-22-3 (A), 10-22-4 (A), and 10-22-5 (A) Adding reference to flood zones as designated on the Flood Insurance Rate Map. The current regulations refer to the Flood Insurance Rate Map but use a different name for the various flood staff memo 05-18-15 Overview of Multiple Amendments to be reviewed by the Council Ordinance Committee zones than what they are designated as on the flood maps. By adding the flood zone designations from the flood maps it will make it more clear which floodplain regulations apply to particular flood zones. The amendment also adds accessory and incidental and detention facilities to the Zone A. Staff was also proposing to add such wording to the Floodway, but the Commission tabled action on this portion of the amendment. Sections 10-25-2 (B)(3), 10-25-2 (B)(9) and 10-25-2 (B)(18) Parking exception for multi -family row dwellings. Currently the Ordinance prohibits any multi -family development from having parking located in a required front yard and from having parking or driveway areas that require the backward motion of any vehicle on a public street. The regulations were primarily intended and work well for standard apartment style multi -family developments where units are typically stacked, with separated units on different floors, or on multiple sides of the same floor (units facing the front and units facing the back). Row -dwelling developments with individual driveways to attached garages have become a very typical and frequently used construction type in this area, but the regulations are not well suited to accommodate them along public streets. There is concern that if not properly regulated, allowing such a development style could lead to minimum off-street parking provided, and very little on -street parking being available due to the layout of individual driveways with insufficient space between driveways to accommodate on -street parking. This amendment would allow this type of development style, but would require that the buildings be setback a minimum of 40' instead of the more typical 20' setback, allowing for approximately twice as much off-street parking. Section 10-25-2 (C)(4) Exceptions to hard surfacing. The Ordinance currently has provisions requiring vehicular use areas to be properly hard surfaced, but has a short list of uses that are excepted from having to provide hard surfacing, which includes one and two family dwellings. The proposed Ordinance would still exempt rear and side yard parking and vehicular use areas to one and two family dwellings from having to meet the hard surfacing requirements, but would eliminate the exception for parking and vehicular use areas in the front yard, and specify that after July 1, 2015 no single family or two family dwelling shall be constructed or moved onto a property without a properly hard surfaced driveway and off-street parking areas when located in the front yard, and no existing one or two family dwelling shall add or reconstruct a driveway or off-street parking area when located in the front yard without proper hard surfacing. No existing dwelling (single or other) shall be converted to add additional units without all required off-street parking and vehicular use areas being properly hard surfaced. Existing one or two family dwellings with gravel or other non-compliant parking or vehicular use areas in a front yard would be allowed to maintain the non-compliant areas as a legal non- conforming use. Although proposed changes to the International Property Maintenance Code (IPMC) require that "driveway extensions" not properly hard surfaced be brought into compliance with hard surfacing requirements. The proposed changes to hard surfacing will help address issues with gravel washing out onto streets and sidewalks (which could contribute to non-compliance with federally mandated National Pollutant Discharge Elimination System (NPDES) requirements), and improves the aesthetics of a residential neighborhood. Section 10-26-1 (C)(4)(g.) Menu Signs with speakers. The Ordinance currently allows for a menu sign with speaker as long as it does not face an abutting residential district. The amendment would change "residential district" to "residential use or "R-1" or "R-2" district. This will not preclude a menu sign with speaker if it faces a non-residential use staff memo 05-18-15 Overview of Multiple Amendments to be reviewed by the Council Ordinance Committee permitted in a residential district, such as professional offices in an "R-4" Multiple Residence District. Section 10-27-1 (H)(27) Dwelling conversions. Consistent with the other proposed changes to this use, this would ensure consistent wording throughout the Ordinance as it pertains to regulating dwelling conversions. Section 10-27-1 (H)(28) Freestanding commercial parking lots. This use is being added to the "C-2" Commercial District in an above amendment, and the change in this section will list it as a Special Permit use requiring approval of the Board of Adjustment after recommendation of the Commission. Section 10-28-4 (A)(6) Waiting period for Special Permits that are denied by the Board of Adjustment. This amendment would delete this section, removing the wording providing for a 6 month waiting period for Special Permit requests that are denied by the Board of Adjustment, which currently conflicts with the Administrative Rules adopted by the Board of Adjustment, which requires a 4 month waiting period. Section 10-29-3 (H) Effective period for Commission recommendations. This amendment would add a one year effective period for Commission recommendations on any matter that has not been acted on by the City Council or Board of Adjustment. Any such request not acted on by the Council or Board of Adjustment within that year would be required to go back to the Commission for additional review and recommendation before it could move on to the Council or Board of Adjustment. Section 10-32-1 (C) Waiting period for requests that are denied by the Commission. The Ordinance currently has a provision that requires a 4 month waiting period for any change in Zoning that has been denied by the City Council before a new application coving the same property or portion thereof can be considered by the Commission. The amendment would add the wording "unless the request changes significantly", which would allow for a significantly changed request to be re -submitted within the 4 -month period. This wording is consistent with wording that was recently added to the Administrative Rules adopted by the Commission. Chapter 2, Main Street Waterloo Redevelopment Authority, of Title 2, Boards and Commissions A proposed change to the City of Waterloo Zoning Ordinance No. 5079 includes a reference to the Main Street waterloo Design Review Board reviewing and approving signs in the area under its jurisdiction as set for in Section 2-2-3 of the Code of Ordinances. After reviewing this Section of the Code, it was determine that multiple updates were needed. Significant changes include: Throughout Chapter 2 there are references to the area that is covered by these regulations, referred to as the "central business district", whih is defined as the "SSMID district". SSMID stands for Self Supported Municipal Improvement District, which was previously in existence but is not currently in effective. To avoid confusion over what area Main Street has authority over, including design review authority, the proposed staff memo 05-18-15 Overview of Multiple Amendments to be reviewed by the Council Ordinance Committee amendment will remove all reference to SSMID and will add a definition of the central business district that identically matches the legal description of the previously adopted SSMID, the boundaries of which are: all properties lying within the area bounded, on the northeast, by Franklin Street, on the southeast, by the Union Pacific Railroad line between 6th and 7th Streets, on the southwest, by Washington Street (formerly Bluff Street), and on the northwest, by 3rd Street and its extension to the Cedar River, except that the two block area bounded by Washington Street, West 5th Street, Jefferson Street and West 7th Street is not included in the central business district. - Section 2-2-2, Composition and Membership: a new paragraph is added to delineate the difference between the Cedar Skyline Corporation and the commission authorized by this Chapter. - Section 2-2-3, Powers and Duties: wording is added to provide a process where by a request that has been approved by the commission can by request of the Mayor or 3 members of the Council may request that the approval be brought before the Council for review at its next meeting, and provides that the Council may override the approval of the commission by a 2/3 vote of all members of the Council. The regulations already provide for a request that has been denied by the commission to be reviewed by the Council by similar means. Wording is also added to note that Real estate owned by the commission shall be held in the name of the commission and not Cedar Skyline Corporation. Section 2-2-4, Financing: wording is added under Subsection C, Grants and Donations, that notes that funds shall be the property of the commission and not Cedar Skyline Corporation. Please let Planning staff now if you have any questions or need any additional information regarding any of the proposed amendments. staff memo 05-18-15 Overview of Multiple Amendments to be reviewed by the Council Ordinance Committee