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HomeMy WebLinkAbout03/28/2016THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, REGULAR SESSION TO BE HELD AT THE HAROLD E. GETTY COUNCIL CHAMBERS Monday, March 28, 2016 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 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 fust priority. Page 1 of 226 Roll Call. Prayer or Moment of Silence Pledge of Allegiance Sandie Greco, Superintendent of Traffic Operations Agenda, as proposed or amended. Minutes of March 10, 2016, Special Session, as proposed. Minutes of March 21, 2016, Regular Session, as proposed. National Community Development Week March 28 -April 2, 2016 1. Consent Agenda: (The following items will be acted upon by voice vote on a single motion without separate discussion, unless someone from the council or public requests that a specific item be considered separately.) A. Resolution to approve the following: 1. Bills Payment, Finance Committee Invoice Summary Report, a copy of which is on file in the office of the City Clerk. 2. Request of the Screaming Eagle American Bar & Grill, 228 East 4th Street, to close the 600 block of Lafayette Street every Thursday between May 5, 2016 and October 27, 2016 from 5:00 p.m. to 11:00 p.m., with use of city barricades, and for a variance to the Noise Ordinance including a band and the use of a PA system. Submitted By:Joe Leibold, Captain of Police Services 3. Request of RiverLoop Amphitheatre, Inc. for a variance to the Noise Ordinance from April 30, 2016 through November 15, 2016 from 10:00 a.m. to Midnight in conjunction with Musical Concerts, Wedding Receptions and Private Parties to be held at Riverloop Amphitheatre & Expo Plaza on the west side of Cedar River including a band/DJ and the use of a PA system, together with recommendation of approval of Director of Safety Services. Submitted By: Joe Leibold, Captain of Police Services 4. Request from Timothy J. Brustkern for a waiver for a concrete driveway located at 5450 Foulk Road with the elimination of the sidewalk section due to the inability to meet grade requirements. Submitted By: Eric Thorson, PE, City Engineer 5. Resolution setting date of public hearing as April 11, 2016 to approve Order assessing civil penalty for $300.00 to Dollar General #7136, 66 E. Tower Park Page 2 of 226 Drive, Waterloo, Iowa for sale of tobacco to minor -first offense. Submitted By: David R. Zellhoefer, City Attorney 6. Resolution setting a date of hearing as April 11, 2016 for the issuance of a quit claim deed for lot 10 block 4 of Lakeside Addition, located at 410 Rath Street, to BBP Real Estate Holdings, LLC for $1.00. Submitted By: Noel Anderson, Community Planning & Development Director 7. Resolution re -setting the date of public hearing as April 11, 2016, for the request by Signs and Designs on behalf of Prime RE LLC, for a site plan amendment to allow off -premise signage to be located at 2027 Crossroads Boulevard, to advertise future retail businesses at 2039 Crossroads Boulevard, on a 339 square foot sign, and instruct City Clerk to publish notice. Submitted By: Noel Anderson -Community Planning and Development Director 8. Resolution setting the date of hearing for April 11, 2016 for a request by Bauer Built Tires to vacate a 16 foot wide sanitary sewer easement between Lots 24 and 25 and a rectangular sanitary sewer easement approximately 29.5' x 25.0' near the southeast corner of Lot 24 to allow for the construction of an 8,170 SF warehouse addition, located adjacent to 2086 Howard Avenue, and authorize City Clerk to publish notice. Submitted By: Noel Anderson -Community Planning and Development Director B. Motion to approve the following: 1. TRAVEL REQUESTS a. Tajah Wright, Housing Coordinator Class/Meeting: Housing Choice Voucher (HCV) Specialist Online Certification Exam Destination: N/A Dates: Prior to April 13, Amount not to exceed: $150.00 2016 2. LIQUOR LICENSES a. Hometown Foods, 1010 E. Mitchell Avenue Class: B Wine / C Beer / E Liquor Renewal Application Includes Sunday Expiration Date: 3/9/2017 b. J's R & B Lounge, 501 Independence Avenue Class: C Liquor Renewal Application Includes Sunday Expiration Date: 4/6/2017 c. Prime Mart, 508 Broadway Street Class: B Wine / C Beer / E Liquor Renewal Application Includes Sunday Expiration Date: 3/31/2017 3. Bonds Page 3 of 226 PUBLIC HEARINGS 2. Request of XL Colt Farms, LLC to rezone approximately 19.92 acres from "A-1" Agricultural District, "R-1" One and Two Family Residence District and "R-3" Multiple Residence District to "R-1" One and Two Family Residence District for the purpose of developing a residential subdivision, located east of 1867 Red Tail Drive. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING -No comments on file. Motion to close hearing and receive and file oral and written comments and recommendation of approval of the Planning, Programming and Zoning Commission. Motion to receive, file and 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 Rezone of Certain Property. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt the ordinance. Submitted By: Noel Anderson, Community Planning & Development Director 3. Request by JAS Investments, LLC for a site plan amendment to the "B -P" Business Park District to allow for the construction of a 75' x 125' (9,375 SF) commercial building, located north of 3211 Titan Trail (Gubbels Heating and Cooling). Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close public hearing and receive and file oral and written comments and recommendation of the Planning, Programming and Zoning Commission. Motion to receive, file, consider and pass for the first time an Ordinance amendment 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 and Development Director 4. Request by ARC FEWTLIA001, LLC to vacate part of a platted easement, located at 2320 West Airline Highway. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING -No comments on file. Motion to close hearing and receive and file oral and written comments and recommendation of approval of the Planning, Programming and Zoning Commission. Motion to receive, file and consider and pass for the first time an Ordinance approving a request by ARC FEWTLIA001, LLC to vacate part of a platted easement, located at 2320 West Arline Highway. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt the ordinance. Submitted By: Noel Anderson, Community Planning and Development Director 5. Request by Steve Troskey on the behalf of BCS Properties, LLC to rezone approximately 11.73 acres from "R-3" Multiple Residence District, "R -3,C -Z" Conditional Zoning District, "R-4" Multiple Residence District and "C-2" Page 4 of 226 Commercial District to "C -P" Planned Commercial District for the purposes of developing a commercial subdivision, located east of 1844 West Ridgeway Avenue. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - Comments on file. Motion to close hearing and receive and file oral and written comments and recommendation of approval of the Planning, Programming and Zoning Commission. Motion to receive, file and 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 Rezone of certain property. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt an Ordinance. Submitted By: Noel Anderson, Community Planning & Development Director 6. Request by Cardinal Construction on the behalf of ARC FEWTLIA001, LLC for a site plan amendment to the "M -2,P" Planned Industrial District to allow for the construction of a 7,104 SF expansion to the existing 28,416 SF industrial building, located at 2320 West Airline Highway (FedEx Ground). Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close public hearing and receive and file oral and written comments and recommendation of the Planning, Programming and Zoning Commission. Motion to receive, file, consider and pass for the first time an Ordinance amendment 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 and Development Director 7. F.Y. 2016 Asphalt Overlay Program, Contract No. 897. 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: Jamie Knutson, Associate Engineer 8. F.Y. 2016 Street Reconstruction Program, Contract No. 898. 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: Dennis Gentz, Assistant City Engineer Page 5 of 226 9. Sale of certain tracts of land formerly portions of West San Marnan Drive located adjacent to Sunnyside Country Club. Hearing cancelled and will be rescheduled for a later date. Submitted By: Noel Anderson, Community Planning & Development Director RESOLUTIONS 10. Resolution approving award of contract to Black Hawk Roof Company, of Cedar Falls, in the amount of $100,148.00, and approving the contract, bonds, and certificate of insurance for the Leisure Services Roof Replacement Project, and authorize Mayor and City Clerk to execute said documents. Submitted By: Travis Nichols, Facilities/Project Manager 11. Resolution approving Completion of Project and Recommendation of Acceptance of Work performed by PlayPower LT Farmington, Inc., of Monet Mo, at a total cost of $60,000 in conjunction with FY2016 Upper gates Playground Project. Submitted By:Travis Nichols, Facilities/Project Manager, Leisure Services 12. Resolution establishing a schedule of fees and penalties for Title 8, Chapter 3, Article E Sections 11 and 13 of the Code of Ordinances of the City of Waterloo to provide for inspection fees and administrative penalties for the regulation of fat, oil, and grease discharge by food service establishments. Submitted By: John Lapointe, Interim Superintendent Waste Management Services 13. Resolution approving a IDOT Traffic Safety Grant agreement for the construction of 5th and 6th Street Traffic Safety Improvements in the downtown area in the amount of $484,000.00, and authorize the Mayor and City Clerk to execute said agreement. Submitted By:Sandie Greco, Traffic Operations Superintendent 14. Resolution approving Convention & Visitors Bureau (CVB) Board recommendations for funding of hotel -motel tax mini -grant application in the following amounts: USS Jennings County Military Reunion: $1,908 Waterloo Leisure Services - Riverfront Stadium: $2,070 Submitted By: Aaron Buzza, Executive Director of Waterloo Convention & Visitors Bureau 15. Resolution approving and accepting certain donated fee title and permanent easement deeds from Galactic Development Corp. for $1.00 and San Marnan Management, Inc. for $1.00, dedicating certain property as public street right of way and certain property as public permanent easement for storm sewer, drainage, sanitary sewer, and/or water main as shown on the attached Acquisition Plats and Permanent Easement Plats, and naming said dedicated street right of way as Galactic Drive for the north/south portion of right of way and Fitzway Drive for the east/west portion, in conjunction with the Galactic Drive and Fitzway Drive extension project. Submitted By: Noel Anderson, Community Planning and Development Director 16. Resolution approving Development Agreement with JAS Investments, LLC (Gubbels Heating and Air Conditioning) for the construction of a 9,675 sq. ft. commercial building in Martin Road TIF District, with a minimum taxable value of $680,000 and tax rebates Page 6 of 226 for seven years at 95%, 2 years at 90%, one year at 60%, and authorize the Mayor and City Clerk to sign and fully execute all necessary documents.. Submitted By:Noel Anderson, Community Planning & Development Director 17. Resolution approving the Second Amendment to the Real Estate Purchase Agreement with Becker -Chapman Post No. 138 of the American Legion, originally approved on April 6, 2015 and first amended on August 24, 2015, to authorize issuance of the remaining incentive payment of $50,000. Submitted By:Aric Schroeder, City Planner ORDINANCES 18. An ordinance amending the Food Service Establishment or FSE definition. Motion to receive, file, consider and pass for the first time an ordinance amending the 2007 City of Waterloo Code of Ordinances, Title 8 Chapter 3 Article E Section 2, Definitions by striking Food Service Establishment or FSE and enacting in lieu thereof a new Food Service Establishment or FSE definition. Submitted By: John Lapointe, Interim Superintendent, Waste Management Services 19. Amendment to the Martin Road Development Plan, to expand the boundaries and include new projects and update related information in the Plan. Motion to receive, file, consider and pass for the second time an Ordinance providing that general property taxes levied and collected each year on all property located within the newly expanded Martin Road Development Plan Area, in the City of Waterloo, County of Black Hawk, State of Iowa, by and for the benefit of the State of Iowa, City of Waterloo, County of Black Hawk, Waterloo Community School District and other taxing districts, be paid to a special fund for payment of principal and interest on loans, monies advanced to and indebtedness, including bonds issued or to be issued, incurred by said City in connection with said urban renewal Project. Motion to suspend the rules. Motion to consider and pass for the third time and adopt the ordinance. Submitted By:Aric Schroeder, City Planner 20. An Ordinance amending the 2008 Traffic Code by rescinding Subsection (1) Black Hawk Street to Section 568, Two Hour Parking between 8:00 A.M. and 4:00 P.M. - Except Saturday and Sunday. Motion to receive, file and consider and pass for the second time an ordinance rescinding Subsection (1) Black Hawk Street to Section 568, Two Hour Parking Between 8:00 A.M. and 4:00 P.M. - Except Saturday and Sunday and that Subsection (la) Commercial Street of Section 568 be renumbered to (1). Motion to suspend the rules. Motion to consider and pass for the third time and adopt the ordinance. Submitted By:Sandie Greco, Traffic Operations Superintendent 21. An Ordinance amending the 2008 Traffic Code by amending Section 572, No Parking 7:00 A.M. to 4:00 P.M. - by adding (1) Black Hawk Street - Southwest side from West 12th Street to West 14th Street and Southwest side from West 15th Street to West 18th Street. Motion to receive, file, consider and pass for the second time an ordinance amending Section 572, No Parking 7:00 A.M. to 4:00 P.M. - by adding (1) Black Hawk Street - Page 7 of 226 Southwest side from West 12th Street to West 14th Street; Southwest side from West 15th Street to West 18th Street and renumbering W. 5th St. to (2). Motion to suspend the rules. Motion to consider and pass for the third time and adopt ordinance. Submitted By:Sandie Greco, Traffic Operations Superintendent ORAL PRESENTATIONS EXECUTIVE SESSION Motion to adjourn to Executive Session 22. Litigation. Pursuant to Iowa Code Section 21.5(1)(c)(2105). 23. Property acquisition. Pursuant to Iowa Code Section 21.5(1)(j)(2015). Motion to adjourn Executive Session ADJOURNMENT Motion to adjourn. Suzy Schares, CMC City Clerk/Human Resource Director MEETINGS 5:10 p.m. Finance Committee, Harold E. Getty Council Chambers PUBLIC INFORMATION 1. Leisure Services Commission Meeting Minutes of February 9, 2016. 2. Airport Board Meeting Minutes, January 26, 2016. 3. Airport Board Meeting Minutes, March 1, 2016. Page 8 of 226 1,301,962.49 I City of Waterloo Finance Committee Open Invoice Report For March 28 2016 Approval Finance Committee Accounts Payable Open Invoice Report Total As of Friday, March 25, 2016 EFT Transactions: Add Wellmark Weekly Claims Remove Carnegie -Stout Public Library Bank Fees Friday Total 853,512.77 848, 538.09 4,974.68 107,585.64 (75.00) ISubtotal - as of Monday, March 28, 2016 961,023.41 Workers Compensation Issued by TPA Housing Authority Housing Assistance EFT's Housing Authority Housing Assistance EFT's Payroll 3,443.71 1,246.69 336,248.68 IBill Payment Total - Monday, March 28, 2016 Payment to Louncr .iembers or related entities: TRAVEL REQUEST CITY OF WATERLOO FINANCE DEPT. STAFF ONLY LINE ITEM USED S-5 /3 SW,. /34-69 FY', ;' BUDGETED EXPENDED YTD THIS REQUEST LEFT AFTER THIS REQUEST DATE Ori.inal - Clerk/Finance Co. - be•artment TOOv —369,2.x° /5-D 0'2 /o NAME(S) AND POSITION(S): Tajah Wright, Housing Coordinator DATE: 3/21/16 NAME OF CLASS / MEETING: Housing Choice Voucher (HCV) Specialist Online Certification Exam DESTINATION: N/A DEPARTURE POINT IF NOT WATERLOO: DEPARTURE DATE: RETURN DATE: DATE(S) OF MEETING: Prior to April 13, 2016 PURPOSE OF TRAVEL/TRAINING: Required certification within 12 months of appointment on 4/13/15. Test originally taken in Des Moines, IA on 2/12/16. Notified 3/21/16 that she did not pass the certification exam. This request is to enable Ms. Wright to re -take the exam online. At this point the date of the actual test is unknown, pending notification by Nan McKay & Associates. WILL TRAVEL REQUIRE ADDITIONAL PERSONNEL: YES NO COST $ METHOD OF TRAVEL: CITY VEHICLE PRIVATE VEHICLE AIRFARE DEPARTING FROM: ESTIMATE OF COST: $ LODGING $ MEALS $ 150.00 REGISTRATION $ MILEAGE/FUEL TOTAL FOR ALL: $ $ 150.00 TAXI PARKING AIRFARE MISC/TOLLS BUDGET LINE ITEM: 283-13-5452-1346 X GRANT REIMBURSABLE YES NO X REQUIRED CERTIFICATION YES NO TOTAL: $ $ 150.00 PER PERSON I BELIEVE THIS TRIP SERVES A PUBLIC PURPOSE AND IS NECESSARY AND E I TO THE CITY OF WATERLOO ( DEPARTMENT HEAD t. I APPROVE THIS TRAVEL REQUEST 3 DATE DATE K:\Shared Goodies\Forms\Travel Request Form January 2010 WAIVER Date: 3(..2.1/P ..2.1/P Honorable Mayor and City Council City Hall Waterloo, IA 50703 Council Persons: I hereby request a waiver to the driveway and sidewalk specifications for the construction of a Co/t.c, driveway or sidewalk located at (concrete or asphalt) /71 .67) all' ei. (Address) This waiver is needed because of: special surface texture to be used on the concrete approach (i.e., exposed aggregate, brick stamped pattern, paving brick). elimination of the sidewalk section due to the inability to meet the grade requirements. elimination of the sidewalk section for asphalt driveways. placement of a driveway or sidewalk on City right-of-way on an unimproved street. Other: I agree to the following: 1. To remove and replace this driveway to an official elevation at no additional expense to the City of Waterloo at such time that sidewalk is constructed. 2. To remove and replace the private driveway, as needed, to an official elevation at no additional expense to the City of Waterloo at such time that curb and gutter is constructed. 3. To pay for any additional expenses for the replacement of any such textured driveway or sidewalk that has been removed for any City of Waterloo project. 4. To employ a bonded contractor who shall obtain a permit from the office of the City Engineer. 5. To have the driveway constructed according to the specifications and policies of the City Engineer and under his supervision. 6. This waiver is for this property only. Attached herewith is a payment in the amount of seven dollars ($7.00) for the purpose of recording this agreement. Respectfully submitted, Printed fame of Property Owner Signature o P erty Owner APPLICATION FOR VARIANCE TO NOISE ORDINANCE APPLICANT'S NAME: 1`l V W 1 `0 ;14(1,G-. I V\ L APPLICANT'S ADDRESS: 22- C r -n -c APPLICANT'S PHONE #: 1 2 dl l- ANTICIPATED DATE OF VARIANCE: AP 1130114 4 2016 �b lei 41r l �' 201 NAME OF EVENT: /V�V1�it CGt I LOVIt-CHS,Midifl (eCein bis prlYfrftn-e3 TIMES OF DAY OF VARIANCE: lO OtVYI f jlOj GEOGRAPHICAL LOCATION OF VARIANCE: l Yr, r1,66) Anyrphtiliratrf DISTANCE OF ACTIVITY FROM RESIDENTIAL PROPERTIES: 2 b PLEASE EXPLAIN THE EVENT REQUIRING THE VARIANCE AND BE SPECIFIC, INCLUDE GEOGRAPHICAL LOCATION, AND WHAT ACTUALLY WILL EXCEED THE NOISE ORDINANCE, SUCH AS A BAND PLAYING, PA SYSTEM, ETC. -tivcr too - 225 C 6irnvy-e f I Y >1 f r. T. . G sic rn 1 co in. -er-tS c vi s, rePeriti.b n s �� crap how, cv.(cr-+s, tOriArcv t. hes S, re mrck CITY COUNCIL ACTION: APPROVAL: g, Applicant's Signature zIZai/lto Date Police Dept. Recommendpisn APPROVAL: ( 1 DENIAL: DENIAL: DECIBEL LEVEL: ClO APPLICATION FOR VARIANCE TO NOISE ORDINANCE APPLICANT'S NAME: 1 fit �/��L / afn,`yc-� G' / APPLICANT'S ADDRESS: I %v��/ APPLICANT'S PHONE #: 5'9 - ANTICIPATED DATE OF VARIANCE: NAME OF EVENT: /te° /-7&tu.de i- /8/4 A7-4 TIMES OF DAY OF VARIANCE: c:/,0" /77 // GEOGRAPHICAL LOCATION OF VARIANCE: c /71 �, a / er%K tte- DISTANCE OF ACTIVITY FROM RESIDENTIAL PROPERTIES: PLEASE EXPLAIN THE EVENT REQUIRING THE VARIANCE AND BE SPECIFIC, INCLUDE GEOGRAPHICAL LOCATION, AND WHAT ACTUALLY WILL EXCEED THE NOISE ORDINANCE, SUCH AS A BAND PLAYING, PA SYSTEM, ETC. See' e 4' ges/ CITY COUNCIL ACTION: APPROVAL: 4c/1" ant' Signature ,/1/ Date Police Dept. Recomme APPROVAL: DENIAL: DENIAL: DECIBEL LEVEL: ?,5 Da p-- CITY OF WATERLOO, IOWA CITY ATTORNEY'S OFFICE 715 Mulberry Street • Waterloo, IA 50703 • (319) 291-4327 Fax (319) 291-4286 March 23, 2016 Mayor Quentin Hart and City Council Members City Hall Waterloo, IA 50703 Dear Mayor Hart and Council Members: I have examined the bonds filed with the City Clerk/Auditor's Office up to the close of business on March 23, 2016. Of the 42 bonds submitted, 42 were approved and 0 were rejected, as shown on the attached list. Very truly yours, id R. Ze hoefer Waterloo City Attorney DRZ:sda CITY WEBSITE: www.cityofwaterlooiowa.com WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Bid Tab March 24, 2016 FY2016 Street Reconstruction Program Contract No. 898 Estimate: $ Bidder Bid Security Bid Amount ASPRO, Inc. 5% $6,290,954.17 Bid Tab March 24, 2016 FY16 Asphalt Overlay Program Contract No. 897 Estimate: $1,869,749.45 Bidder Bid Security Bid Amount ASPRO, Inc. 5% $1,711,715.06 City of Waterloo Planning, Programming and Zoning Commission March 1, 2016 W RIDGEWAY AVE East of 1850 West Ridgeway Avenue Rezone from "R -3","R -3,C -Z", "R-4" and "C-2" to "C-2" Steve Troskey Nancy Higby From: SUZY SCHARES Sent: Saturday, March 26, 2016 9:56 PM To: QUENTIN HART; RON WELPER; Nancy Higby Subject: Fwd: Petition Against Rezoning area east of 1844 West Ridgeway Avenue - March 28th City Council Meeting Attachments: Petition Against Rezoning - Jane Street residents.pdf Follow Up Flag: Follow up Flag Status: Completed Sent from my U.S. Cellular® Smartphone Original message From: Kimberly Meyer <kimberlylmeyer@hotmail.com> Date: 03/26/2016 9:11 PM (GMT -06:00) To: SUZY SCHARES <SUZY.SCHARES@WATERLOO-IA.ORG>, MICHELLE WESTPHAL <MICHELLE.WESTPHAL@WATERLOO-IA.ORG>, DAVID JONES <DAVID.JONES.WARDI@GMAIL.COM>, Bruce Jacobs <contactbrucejacobs@gmail.com>, TOM LIND <TOMLINDCITYCOUNCIL@GMAIL.COM>, PAT MORRISSEY <PJFM59@MCHSI.COM>, STEVE SCHMITT <SSCHMITT@SCHMITTHOUSE.COM>, amosward4@gmail.com Subject: Petition Against Rezoning area east of 1844 West Ridgeway Avenue - March 28th City Council Meeting Members of the Waterloo City Council and Mayor Hart; Attached please find a signed Petition Against the Rezoning of 11.73 acres east of 1844 West Ridgeway Avenue, to be submitted for consideration by the City Council at the upcoming meeting on Monday March 28th. Respectfully submitted by the residents of Jane Street 1 Petition Against Rezoning of 1.L73 acres from "R-3" Multiple Residence District, "R-3, C- Z" Conditional Zoning District, "R-4" Multiple Residence District and "C-2" Commercial District to "C -P" Planned Commercial District March 25, 2016 Waterloo City Council We, the residents of the Jane Street area, would strongly urge you to deny the request by developer Steve Troskey, to rezone the above area, as requested, so that Mr. Troskey may build a large commercial development. The reasons for this request are as follows: 1. NEGATIVE IMPACT ON SURROUNDING NEIGHBORHOODS: The request would have a negative impact on the surrounding neighborhoods and land use, particularly the residents of the Jane Street area. The area south of Jane Street has, for nearly 40 years, been zoned residential. In addition, Jane Street has remained a double dead-end street. As a result, the residents of Jane Street have enjoyed a quiet, safe, neighborhood, unimpeded by outside businesses and commercial development. In addition, the residents of Jane Street have enjoyed the long-standing use of a golf course and driving range to the south of Jane Street. The 3 par course has been utilized by many residents and will be sorely missed if the proposed area is rezoned and the golf course is eliminated. The abutting Waterloo Memorial Park Cemetery, and the citizens who visit the cemetery to pay tribute to their loved ones, have also benefited from a quiet, beautiful, open green space next to the cemetery, without noise and distraction from local businesses and traffic. 2. WATER ISSUES: Several residents of Jane Street are concerned about water run-off into their garages and backyards from the cemetery and the area that is being requested to be rezoned. If additional buildings are erected to the south of Jane Street, especially on such a grand scale as is being proposed by Mr. Troskey, the residents of Jane Street would be negatively impacted and may face major water run-off from the rezoned areas into their residential land. 3. VEHICULAR AND PEDESTRIAN NOISE AND SIZE OF DEVELOPMENT: The proposed rezoning area and commercial development is not a small-scale proposal. It involves 11.73 acres starting on West Ridgeway avenue and goes northward to the backyards of the residents of Jane Street, with only a 250' buffer. Six large commercial lots are being proposed as part of this commercial development project. The change between what is now a quiet, peaceful backyard for the residents of Jane Street to a busy, noisy, area filled with construction, vehicular, and pedestrian noise will be drastic. 4. BUFFER ZONE NOT SUFFICIENT: We realize the need to strike a balance between allowing commercial development while still allowing well-established neighborhoods to remain enjoyed by their residents. A 250' buffer zone is not adequate to allow a sufficient green area so that the noise and congestion of the commercial development does not impede upon the rights of the residents of Jane Street to enjoy their residential land. We note the recent strip -mall that was developed in 2015 on West Ridgeway has increased vehicular and pedestrian traffic and noise in the area. However, that strip -mall is far enough south from the residences on Jane Street that it has not had a major negative impact. The new proposal for 6 large commercial lots on 11.73 acres with only a 250' buffer would, most certainly, have a major negative impact on the residents of Jane Street and surrounding neighborhoods. If Mr. Troskey's rezoning proposal was on a smaller -scale and allowed for at least a 500' buffer between the commercial subdivision and the residential areas of Jane Street, we would not be as strongly opposed to the project, as we recognize the need for Waterloo to strike a balance between allowing the city's commercial development to grow while still maintaining long-standing residential areas for its citizens. 5. LIKELIHOOD OF FUTURE DEVELOPMENT : Mr. Troskey's desire to develop the entire area south of Jane Street into commercial development does not appear to be concluded with this zoning request. His plans appear to be evolving and could include development further north, with would further impede upon the rights of residents of Jane Street to enjoy their residential land. The "Vision Way" street outlined in the proposal does not appear to have an end, and as Mr. Troskey outlines in his proposal, "As growth continues northward, more compatible land uses may need to be incorporated between the single-family residences and commercial uses to provide a suitable buffer." An almost twelve- acre commercial development center is too large and impeding to be crammed into the area proposed by Mr. Troskey. Especially since the plans that Mr. Troskey has proposed infer further commercial development northward directly toward the backyards of the residents of Jane Street. We, as residents of the long-standing Jane Street residential area, truly appreciate the opportunity to live in a quiet, neighborhood setting, without impediment from commercial districts. The area south of Jane Street has been zoned residential for well over 40 years, with most of the residences on Jane Street having been built around 1975 and many residents still residing in the homes they built in the 1970s. If the zoning were changed south of Jane Street from residential to commercial as proposed by Mr. Troskey, our quiet, well-established Waterloo neighborhood that consists of good, hard- working citizens of Waterloo would face declining property values and we may have to leave the area to go to neighboring cities, where we wouldn't be faced with large-scale commercial development in our backyard. We, the below signed citizens of Waterloo, respectfully submit this petition for your careful consideration. Thank you. iuftt Lape_ pos-Kit 4144ve.„ 6-gyiN Ted2r., &i4ie -Y ZAM( $'14 ty,,,14/0cEST o,ict g4 9 5r • Nm M4- 'q9? 4— SS-dj—cut, WcN 3aJio ,S11•. Ukja, ,A.\-{gokiv\u\k-i nti ‹.yt wvJaj, 7RA-A \&\\t, firle4A 486eArkof 73 5— 75ett.,(5--f ore -A Meyer 144 3a - WINVer_ 741 "3 avv., zdnole )).-) ,1% e citc eeY-C )-3 A1A-t4-'C; Arty ke vey! ,14 r7 .13thiE 4 -C2 -AW I lb Ft7 2-&-V1 C S.T7 •Pri."& RECEIVED MAR 2 8 2016 Petition Against Rezoning of 11.73 acres from "R-3" Multiple Residence District, "R-3, C- Z" Conditional Zoning District, "R-4" Multiple Residence District and "C-2" Commercial District to "C -P" Planned Commercial District March 25, 2016 Waterloo City Council We, the residents of the Jane Street area, would strongly urge you to deny the request by developer Steve Troskey, to rezone the above area, as requested, so that Mr. Troskey may build a large commercial development. The reasons for this request are as follows: 1. NEGATIVE IMPACT ON SURROUNDING NEIGHBORHOODS: The request would have a negative impact on the surrounding neighborhoods and land use, particularly the residents of the Jane Street area. The area south of Jane Street has, for nearly 40 years, been zoned residential. In addition, Jane Street has remained a double dead-end street. As a result, the residents of Jane Street have enjoyed a quiet, safe, neighborhood, unimpeded by outside businesses and commercial development. In addition, the residents of Jane Street have enjoyed the long-standing use of a golf course and driving range to the south of Jane Street. The 3 par course has been utilized by many residents and will be sorely missed if the proposed area is rezoned and the golf course is eliminated. The abutting Waterloo Memorial Park Cemetery, and the citizens who visit the cemetery to pay tribute to their loved ones, have also benefited from a quiet, beautiful, open green space next to the cemetery, without noise and distraction from local businesses and traffic. 2. WATER ISSUES: Several residents of Jane Street are concerned about water run-off into their garages and backyards from the cemetery and the area that is being requested to be rezoned. If additional buildings are erected to the south of Jane Street, especially on such a grand scale as is being proposed by Mr. Troskey, the residents of Jane Street would be negatively impacted and may face major water run-off from the rezoned areas into their residential land. 3. VEHICULAR AND PEDESTRIAN NOISE AND SIZE OF DEVELOPMENT: The proposed rezoning area and commercial development is not a small-scale proposal. It involves 11.73 acres starting on West Ridgeway avenue and goes northward to the backyards of the residents of Jane Street, with only a 250' buffer. Six large commercial lots are being proposed as part of this commercial development project. The change between what is now a quiet, peaceful backyard for the residents of Jane Street to a busy, noisy, area filled with construction, vehicular, and pedestrian noise will be drastic. 4. BUFFER ZONE NOT SUFFICIENT: We realize the need to strike a balance between allowing commercial development while still allowing well-established neighborhoods to remain enjoyed by their residents. A 250' buffer zone is not adequate to allow a sufficient green area so that the noise and congestion of the commercial development does not impede upon the rights of the residents of Jane Street to enjoy their residential land. We note the recent strip -mall that was developed in 2015 on West Ridgeway has increased vehicular and pedestrian traffic and noise in the area. However, that strip -mall is far enough south from the residences on Jane Street that it has not had a major negative impact. The new proposal for 6 large commercial lots on 11.73 acres with only a 250' buffer would, most certainly, have a major negative impact on the residents of Jane Street and surrounding neighborhoods. If Mr. Troskey's rezoning proposal was on a smaller -scale and allowed for at least a 500' buffer between the commercial subdivision and the residential areas of Jane Street, we would not be as strongly opposed to the project, as we recognize the need for Waterloo to strike a balance between allowing the city's commercial development to grow while still maintaining long-standing residential areas for its citizens. 5. LIKELIHOOD OF FUTURE DEVELOPMENT : Mr. Troskey's desire to develop the entire area south of Jane Street into commercial development does not appear to be concluded with this zoning request. His plans appear to be evolving and could include development further north, with would further impede upon the rights of residents of Jane Street to enjoy their residential land. The "Vision Way" street outlined in the proposal does not appear to have an end, and as Mr. Troskey outlines in his proposal, "As growth continues northward, more compatible land uses may need to be incorporated between the single-family residences and commercial uses to provide a suitable buffer." An almost twelve- acre commercial development center is too large and impeding to be crammed into the area proposed by Mr. Troskey. Especially since the plans that Mr. Troskey has proposed infer further commercial development northward directly toward the backyards of the residents of Jane Street. We, as residents of the long-standing Jane Street residential area, truly appreciate the opportunity to live in a quiet, neighborhood setting, without impediment from commercial districts. The area south of Jane Street has been zoned residential for well over 40 years, with most of the residences on Jane Street having been built around 1975 and many residents still residing in the homes they built in the 1970s. If the zoning were changed south of Jane Street from residential to commercial as proposed by Mr. Troskey, our quiet, well-established Waterloo neighborhood that consists of good, hard- working citizens of Waterloo would face declining property values and we may have to leave the area to go to neighboring cities, where we wouldn't be faced with large-scale commercial development in our backyard. We, the below signed citizens of Waterloo, respectfully submit this petition for your careful consideration. Thank you. P I 4 14-tc1C Dv' 6-eiriN a/0444e. ii,ote;441 NCitie.r\ - 3.2-tha VtAletk\rk \kt rIit juAx-f, 5TL.. ‘Kkk Vrii\ t VL P\ "IwO‘ e "5 -t - 41w ,ouoi 73 5'De'tc,..(.51. A reAN rvt €C 7 41 1 Oa r Za5 T» ,_-5-ck. --c-/- i1C__ C--;*ep-- \h-tUe ciii iiey! c cw• teljoyey,,.... -;-: LACCO 11) OA i 1=kk:\--1-e-ILTAI 1 C tz: 1-4.1fab I 0 ---ft.:1-ti--2-44214C a r7 '314,le ,5-4 Q"- . Prepared by Kelley Felchle, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2016-229 RESOLUTION APPROVING DEVELOPMENT AGREEMENT WITH JAS INVESTMENTS, LLC (GUBBELS HEATING AND AIR CONDITIONING) FOR THE CONSTRUCTION OF A 9,675 SQUARE FOOT COMMERCIAL BUILDING IN MARTIN ROAD TIF DISTRICT, WITH A MINIMUM TAXABLE VALUE OF $680,000 AND TAX REBATES FOR SEVEN YEARS AT 95 PERCENT, 2 YEARS AT 90 PERCENT, ONE YEAR AT 60 PERCENT, AND AUTHORIZE THE MAYOR AND CITY CLERK TO SIGN AND FULLY EXECUTE ALL NECESSARY DOCUMENTS. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Development Agreement dated March 28, 2016, between JAS Investments, LLC and the City of Waterloo, Iowa, for the construction of a 9,675 square foot commercial building in the Martin Road TIF District, with a minimum taxable value of $680,000 and tax rebates for seven years at 95 percent, 2 years at 90 percent, one year at 60 percent, is hereby approved and the Mayor and City Clerk are authorized and directed to execute the same on behalf of the City of Waterloo, Iowa. PASSED AND ADOPTED this 28th day of March 2016. Quentin Hart, Mayor ATTEST: S S hares, CMC City C erk Prepared by Nancy Higby, Administrative Secretary, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291- 4323. RESOLUTION NO. 2016-213 RESOLUTION GRANTING REQUEST OF RIVERLOOP AMPHITHEATRE, INC. FOR A VARIANCE TO ORDINANCE NO. 3094, NOISE ORDINANCE. WHEREAS, the RiverLoop Amphitheatre Inc. is requesting a variance to the Noise Ordinance from April 30, 2016 through November 15, 2016 from 10:00 a.m. to 12:00 midnight, in conjunction with musical concerts, wedding receptions and private parties held at the RiverLoop Amphitheatre & Expo Plaza, including a band/DJ and the use of a PA system, and WHEREAS, said event will exceed the limits of the Ordinance No. 3094, Noise Ordinance, and WHEREAS, said RiverLoop Amphitheatre Inc. has made formal application for a variance effective April 30, 2016 through November 15, 2016 from 10:00 a.m. to 12:00 midnight, 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 the RiverLoop Amphitheatre Inc. for a variance to Ordinance No. 3094, Noise Ordinance, from April 30, 2016 through November 15, 2016 from 10:00 a.m. to 12:00 midnight, in conjunction with musical concerts, wedding receptions and private parties held at the RiverLoop Amphitheatre & Expo Plaza, including a band/DJ and the use of a PA system, be and the same hereby granted. PASSED AND ADOPTED this 28th day of March, 2016. ATTEST: Quentin Hart, Mayor P Su y Sc ares, CMC City Clerk Prepared by Nancy Higby, Administrative Secretary, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291- 4323. RESOLUTION NO. 2016-215 RESOLUTION FIXING THE TIME AND PLACE OF HEARING TO APPROVE ORDER ASSESSING CIVIL PENALTY FOR $300.00 TO DOLLAR GENERAL #7136, 66 E. TOWER PARK DRIVE, WATERLOO, IOWA, AS APRIL 11, 2016, 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 11th day of April, 2016, for the purpose of approving order assessing civil penalty for $300.00 to Dollar General #7136, 66 E. Tower Park Drive, Waterloo, Iowa for sale of tobacco to minor violation - first offense. 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 28th day of March, 2016. Quentin Hart, ayor ATTEST: Suzy Sc ares, MC City Cl; rk Prepared by Nancy Higby, Administrative Secretary, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291- 4323. RESOLUTION NO. 2016-216 RESOLUTION FIXING THE TIME AND PLACE OF HEARING TO APPROVE THE ISSUANCE OF A QUIT CLAIM DEED FOR LOT 10 BLOCK 4 OF LAKESIDE ADDITION, LOCATED AT 410 RATH STREET, TO BBP REAL ESTATE HOLDINGS, LLC FOR $1,000, AS APRIL 11, 2016, AT 5:30 P.M. AT CITY HALL COUNCIL CHAMBERS, 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 City Hall Council Chambers in the City of Waterloo, Iowa, at 5:30 p.m. on the 11th day of April, 2016, for the purpose of holding a public hearing to approve the issuance of a Quit Claim Deed for Lot 10 Block 4 of Lakeside Addition, located at 410 Rath Street, in the City of Waterloo, to BBP Real Estate Holdings, LLC. 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 28th day of March, 2016. Quentin Hart, Mayor ATTEST: Suzy Sc ares,- CMC City Cl rk Prepared by Nancy Higby, Administrative Secretary, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291- 4323. RESOLUTION NO. 2016-217 RESOLUTION FIXING THE TIME AND PLACE OF HEARING AND NOTICE TO BE GIVEN ON THE REQUEST BY SIGNS AND DESIGNS ON BEHALF OF PRIME RE LLC, FOR A SITE PLAN AMENDMENT TO ALLOW OFF - PREMISE SIGNAGE TO BE LOCATED AT 2027 CROSSROADS BOULEVARD, TO ADVERTISE FUTURE RETAIL BUSINESSES AT 2039 CROSSROADS BOULEVARD, ON A 339 SQUARE FOOT SIGN, AS APRIL 11, 2016, AT 5:30 P.M. IN HAROLD E. GETTY 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 11th day of April, 2016, for the purpose of considering the request by Signs and Designs on behalf of Prime RE LLC, for a site plan amendment to allow off - premise signage to be located at 2027 Crossroads Boulevard, to advertise future retail businesses at 2039 Crossroads Boulevard, on a 339 square foot sign, and legally described as follows: UNPLATTED WATERLOO WEST PART OF E 1/2 SEC 2 T 88 R 13 DESC AS FOL COM AT PT ON SELY ROW LINE E SAN MARNAN DR FORMERLY IA HWY 412 WHICH IS 1457.72 FT NELY FROM INTER OF SAID SELY ROW LINE WITH W LINE E 1/2 SAID SEC TH NELY ALONG SAID ROW LINE 155.36 FT TH S 41 DEG 24 MIN E 5.32 FT TH N 48 DEG 36 MIN E 284.26 FT TO PT OF BEG TH N 48 DEG 36 MIN E 195.57 FT TH S 05 DEG 36 MIN 28 SEC E 129.96 FT TH W 159.40 FT TO PT OF BEG AND CROSSROADS PLAT NO 1 LOT 1, IN BLACK HAWK COUNTY, WATERLOO, 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 28th day of March, 2016. r - Quentin Hart,Mayor or Y ATTEST: SL['�y Sc ares, CMC City Cl rk Prepared by Nancy Higby, Administrative Secretary, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291- 4323. RESOLUTION NO. 2016-218 RESOLUTION FIXING THE TIME AND PLACE OF HEARING AND NOTICE TO BE GIVEN ON THE REQUEST BY BAUER BUILT TIRES TO VACATE A 16 FOOT WIDE SANITARY SEWER EASEMENT BETWEEN LOTS 24 AND 25 AND A RECTANGULAR SANITARY SEWER EASEMENT APPROXIMATELY 29.5' X 25.0' NEAR THE SOUTHEAST CORNER OF LOT 24 TO ALLOW FOR THE CONSTRUCTION OF AN 8,170 SF WAREHOUSE ADDITION, LOCATED ADJACENT TO 2086 HOWARD AVENUE, AS APRIL 11, 2016, 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 llth day of April, 2016, for the purpose of considering and acting upon a request by Bauer Built Tires to vacate a 16 foot wide sanitary sewer easement between Lots 24 and 25 and a rectangular sanitary sewer easement approximately 29.5' x 25.0' near the southeast corner of Lot 24 to allow for the construction of an 8,170 SF warehouse addition, located adjacent to 2086 Howard Avenue, and legally described as follows: EASEMENT #1 - SANITARY SEWER EASEMENT THE SANITARY SEWER EASEMENT LOCATED ON, UNDER AND ACROSS THE EAST EIGHT (8) FEET OF LOT 24 GARDEN PLACE ADDITION AND THE WEST EIGHT (8) FEET OF LOT 25 GARDEN PLACE ADDITION, RECORDED IN BOOK 93 PAGE 268-269 EASEMENT #2 - SANITARY SEWER EASEMENT THE SANITARY SEWER EASEMENT ON LAND DESCRIBED AS FOLLOWS: COMMENCING AT THE SE COR SAID LOT 25; THENCE SOUTH 89 DEGREES 26 MINUTES WEST 79.6 FT. ALONG THE SOUTH LINE OF SAID LOT 25; THENCE NORTH 43 DEGREES 43 MINUTES WEST 95.8 FT. ALONG THE NORTHEASTERLY LINE OF THE FEE TAKING TO THE POINT OF BEGINNING; THENCE NORTH 46 DEGREES 5 MINUTES EAST 29.5 FEET; THENCE NORTH 43 DEGREES 55 MINUTES WEST 25 FEET; THENCE SOUTH 46 DEGREES 5 MINUTES WEST 29.4 FEET; THENCE SOUTH 43 DEGREES 43 MINUTES EAST 25.0 FEET ALONG THE NORTHEASTERLY LINE OF THE FEE TAKING TO THE POINT OF BEGINNING; CONTAINING 735 SQ. FEET, RECORDED IN BOOK 562 PAGE 765. Section 2. That the City Clerk is hereby directed to publish notice of the time and place of said hearing in the Waterloo Courier. Resolution No. 2016-218 Page 2 PASSED AND ADOPTED this 28th day of March, 2016. Quentin Hart, Mayor ATTEST: Prepared by Kelley Felchle, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2016-219 RESOLUTION CONFIRMING APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, ETC., IN CONJUNCTION WITH THE F.Y. 2016 ASPHALT OVERLAY PROGRAM, CONTRACT NO. 897. WHEREAS, the City Council of the City of Waterloo, Iowa, heretofore instructed the City Engineer of said City to prepare proposed plans, specifications, form of contract, etc., in conjunction with the F.Y. 2016 Asphalt Overlay Program, Contract No. 897, in the City of Waterloo, Iowa, and WHEREAS, the city Engineer did file said preliminary plans, specifications, form of contract, etc., in conjunction with the F.Y. 2016 ASPHALT OVERLAY PROGRAM, CONTRACT NO. 897, AND 2016. WHEREAS, a public hearing, upon notice was held on March 28, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, that said approval of plans, specifications, form of, contract, etc. in conjunction with the F.Y. 2016 Asphalt Overlay Program, Contract No. 897, in the City of Waterloo, Iowa, are hereby approved. PASSED AND ADOPTED this 28th day of March, 2016. ATTEST: Suzy Sch City Cle res, CMC k Quentin Hart, Mayor Prepared by Kelley Felchle, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2016-220 RESOLUTION AUTHORIZING TO PROCEED WITH THE F.Y. 2016 ASPHALT OVERLAY PROGRAM, CONTRACT NO. 897. WHEREAS, by Resolution No. 2016-219, plans specifications, form of contract, etc., in conjunction with the F.Y. 2016 Asphalt Overlay Program, Contract No. 897, have been approved and adopted by this Council after the public hearing on March 28, 2016 as prescribed by statute. NOW, THEREFORE, BE IT RESOLVED BY THE CITY 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 specifications. PASSED AND ADOPTED this 28th day of March, 2016. Quentin Hart, Mayor ATTEST: Suzy Sc 1 res, CMC City Clerk Prepared by Kelley Felchle, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2016-221 RESOLUTION CONFIRMING APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, ETC., IN CONJUNCTION WITH THE F.Y. 2016 STREET RECONSTRUCTION PROGRAM, CONTRACT NO. 898. WHEREAS, the City Council of the City of Waterloo, Iowa, heretofore instructed the City Engineer of said City to prepare proposed plans, specifications, form of contract, etc., in conjunction with the F.Y. 2016 Street Reconstruction Program, Contract No. 898, in the City of Waterloo, Iowa, and WHEREAS, the city Engineer did file said preliminary plans, specifications, form of contract, etc., in conjunction with the F.Y. 2016 Street Reconstruction Program, Contract No. 898, and WHEREAS, a public hearing, upon notice was held on March 28, 2016. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, that said approval of plans, specifications, form of contract, etc. in conjunction with the F.Y. 2016 Street Reconstruction Program, Contract No. 898, in the City of Waterloo, Iowa, are hereby approved. PASSED AND ADOPTED this 28th day of March, 2016. Quentin Hart, Mayor ATTEST: uzy S• ares, CMC City Cl rk Prepared by Kelley Felchle, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2016-222 RESOLUTION AUTHORIZING TO PROCEED WITH THE F.Y. 2016 STREET RECONSTRUCTION PROGRAM, CONTRACT NO. 898. WHEREAS, by Resolution No. 2016-221, plans specifications, form of contract, etc., in conjunction with the F.Y. 2016 Street Reconstruction Program, Contract No. 898., have been approved and adopted by this Council after the public hearing on March 28, 2016 as prescribed by statute. NOW, THEREFORE, BE IT RESOLVED BY THE CITY 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 specifications. PASSED AND ADOPTED this 28th day of March, 2016. ATTEST: Suzy Sc ares, CMC c�� City Cl rk Quentin Hart, Mayor Prepared by Kelley Felchle, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2016-223 RESOLUTION APPROVING AWARD OF CONTRACT TO BLACK HAWK ROOF COMPANY, OF CEDAR FALLS, IN THE AMOUNT OF $100,148.00, AND APPROVING THE CONTRACT, BONDS, AND CERTIFICATE OF INSURANCE FOR THE LEISURE SERVICES ROOF REPLACEMENT PROJECT, AND AUTHORIZE MAYOR AND CITY CLERK TO EXECUTE SAID DOCUMENTS. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Contract dated March 28, 2016, between Black Hawk Roof Company of Cedar Falls Iowa and the City of Waterloo, Iowa, in the amount of $100,148.00, and approving the contract, bonds, and certificate of insurance, in conjunction with the Leisure Services Roof Replacement Project, are hereby approved and the Mayor and City Clerk are authorized and directed to execute the same on behalf of the City of Waterloo, Iowa. PASSED AND ADOPTED this 28th day of March, 2016. Quentin Hart, Mayor ATTEST: Suzy Sc ares, CMC City Cl rk Prepared by Kelley Felchle, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2016-224 RESOLUTION APPROVING COMPLETION OF PROJECT AND RECOMMENDATION OF ACCEPTANCE OF WORK PERFORMED BY PLAYPOWER LT FARMINGTON, INC., OF MONET MO, AT A TOTAL COST OF $60,000 IN CONJUNCTION WITH FY2016 UPPER GATES PLAYGROUND PROJECT. WHEREAS, PlayPower LT Farmington, Inc., of Monet, Missouri, performed work on the FY2016 Upper gates Playground Project, in the City of Waterloo, Iowa, and WHEREAS, PlayPower LT Farmington, Inc. has completed the aforementioned project in accordance with the project plans and specifications. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Certificate of Completion and recommendation of acceptance of work are hereby approved. PASSED AND ADOPTED this 28th day of March, 2016. Quentin Hart, Mayor ATTEST: Suzy Sc ares, CMC City Clrk Prepared by Kelley Felchle, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2016-225 RESOLUTION ESTABLISHING A SCHEDULE OF FEES AND PENALTIES FOR TITLE 8, CHAPTER 3, ARTICLE E SECTIONS 11 AND 13 OF THE CODE OF ORDINANCES OF THE CITY OF WATERLOO TO PROVIDE FOR INSPECTION FEES AND ADMINISTRATIVE PENALTIES FOR THE REGULATION OF FAT, OIL, AND GREASE DISCHARGE BY FOOD SERVICE ESTABLISHMENTS. WHEREAS, Sections 8-3E-11 and 8-3E-13 of the Code of Ordinances of the City of Waterloo provide for inspection fees and administrative penalties in connection with regulation of fat, oil and grease discharge by food service establishments; and WHEREAS, the City Council of the City of Waterloo has not yet established such fees, but desires now to do so; NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: Section 1. The City Council does hereby establish the following schedule of inspection fees under § 8-3E-11: Scheduled inspections Unscheduled inspections (Follow up due to non-compliance) $50.00 $ 0.00 Section 2. The City Council does hereby establish the following schedule of administrative penalties under § 8-3E-13: First offense $0.00 2nd offense within 12 -month period $100.00 3rd offense or more within 12 -month period, each $200.00 Section 3. The schedule of fees and penalties set forth above shall become effective at the earliest date allowed by Iowa law and shall continue in effect until amended by action of the City Council. Section 4. Other penalties beyond the schedule of penalties set forth above shall be enforced in accordance with § 8-3E-14. PASSED AND ADOPTED this 28th day of March 2016. ATTEST: Quentin Hart, Mayor Suzy Sc ares, CMC City Cle k Resolution No. 2016-225 Page 2 CERTIFICATE I, Suzy Schares, City Clerk of the City of Waterloo, Iowa, do hereby certify that the preceding is a true and complete copy of Resolution No. 2016-225 as passed and adopted by the Council of the City of Waterloo, Iowa, on the 28th day of March 2016. 2016. Witness my hand and seal of office this 28th day of March [SEAL] uz y c ares, City Clerk Prepared by Kelley Felchle, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2016-226 RESOLUTION APPROVING A IOWA DEPARTMENT OF TRANSPORTATION TRAFFIC SAFETY GRANT AGREEMENT FOR THE CONSTRUCTION OF 5TH AND 6TH STREET TRAFFIC SAFETY IMPROVEMENTS IN THE DOWNTOWN AREA IN THE AMOUNT OF $484,000.00, AND AUTHORIZE THE MAYOR AND CITY CLERK TO EXECUTE SAID AGREEMENT. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Iowa Department of Transportation Traffic Safety Grant Agreement dated March 28, 2016, between the Iowa Department of Transportation and the City of Waterloo, Iowa, for the construction of 5th and 6th Street Traffic Safety Improvements in the downtown area in the amount of $484,000.00, is hereby approved and the Mayor and City Clerk are authorized and directed to execute said agreement on behalf of the City of Waterloo, Iowa. PASSED AND ADOPTED this 28th day of March 2016. ATTEST: L.LA Suzy Sch res, CMC City Cle k Quentin Hart, Mayor Prepared by Kelley Felchle, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2016-227 RESOLUTION APPROVING CONVENTION & VISITORS BUREAU (CVB) BOARD RECOMMENDATIONS FOR FUNDING OF HOTEL -MOTEL TAX MINI -GRANT APPLICATION IN THE FOLLOWING AMOUNTS: USS JENNINGS COUNTY MILITARY REUNION: $1,908 AND WATERLOO LEISURE SERVICES - RIVERFRONT STADIUM: $2,070 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Convention & Visitors Bureau (CVB) Board recommendations for funding of hotel -motel tax mini -grant application in the following amounts: USS Jennings County Military Reunion: $1,908 and Waterloo Leisure Services - Riverfront Stadium: $2,070. PASSED AND ADOPTED this 28th day of March 2016. Quentin Hart, Mayor ATTEST: Suzy Sd'es, CMC City Clerk Prepared by Kelley Felchle, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2016-228 RESOLUTION APPROVING AND ACCEPTING CERTAIN DONATED FEE TITLE AND PERMANENT EASEMENT DEEDS FROM GALACTIC DEVELOPMENT CORP. FOR $1.00 AND SAN MARNAN MANAGEMENT, INC. FOR $1.00, DEDICATING CERTAIN PROPERTY AS PUBLIC STREET RIGHT OF WAY AND CERTAIN PROPERTY AS PUBLIC PERMANENT EASEMENT FOR STORM SEWER, DRAINAGE, SANITARY SEWER, AND/OR WATER MAIN AS SHOWN ON THE ATTACHED ACQUISITION PLATS AND PERMANENT EASEMENT PLATS, AND NAMING SAID DEDICATED STREET RIGHT OF WAY AS GALACTIC DRIVE FOR THE NORTH/SOUTH PORTION OF RIGHT OF WAY AND FITZWAY DRIVE FOR THE EAST/WEST PORTION, IN CONJUNCTION WITH THE GALACTIC DRIVE AND FITZWAY DRIVE EXTENSION PROJECT. WHEREAS, Galactic Development Corp. has agreed to donate certain parcels generally located near the intersection of Galactic Drive and Fitzway Drive and fully described as attached, and WHEREAS, San Marnan Management, Inc. has agreed to donate certain parcels generally located near the intersection of Galactic Drive and Fitzway Drive and fully described as attached, and WHEREAS, Galactic Development Corp. has agreed to sell permanent easement deeds, fully described as attached, to the City of Waterloo on March 28, 2016, for $1.00, to allow for public permanent easement for storm sewer, drainage, sanitary sewer, and/or water main improvements, in conjunction with the Galactic Drive and Fitzway Drive extension project, and WHEREAS, San Marnan Management, Inc. has agreed to sell permanent easement deeds, fully described as attached, to the City of Waterloo on March 28, 2016, for $1.00, for public street right of way, in conjunction with the Galactic Drive and Fitzway Drive extension project, and WHEREAS, said permanent easement deeds for dedicated street right of way sold to the City of Waterloo by San Marnan Management, Inc., shall be named as Galactic Drive for the north/south portion of right of way and Fitzway Drive for the east/west portion, in conjunction with the Galactic Drive and Fitzway Drive extension project. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the permanent easement agreement and donated fee title for parcels hereinafter described all situated in the City of Waterloo, Black Hawk County, Iowa, are accepted and approved and the Mayor and City Clerk are authorized and directed to execute all instruments necessary to consummate said transactions on behalf of the City of Waterloo. PASSED AND ADOPTED this 28th day of March 2016. Resolution No. 2016-228 Page 2 Quentin Hart, Mayor ATTEST: Suzy Sch.res, CMC City Cle k Prepared by Kelley Felchle, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2016-230 RESOLUTION APPROVING THE SECOND AMENDMENT TO THE REAL ESTATE PURCHASE AGREEMENT WITH BECKER-CHAPMAN POST NO. 138 OF THE AMERICAN LEGION, ORIGINALLY APPROVED ON APRIL 6, 2015 AND FIRST AMENDED ON AUGUST 24, 2015, TO AUTHORIZE ISSUANCE OF THE REMAINING INCENTIVE PAYMENT OF $50,000 AND AUTHORIZE THE MAYOR AND CITY CLERK TO EXECUTE SAID AGREEMENT. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Second to the Real Estate Purchase Agreement dated March 28, 2016, between the Becker -Chapman Post No. 138 of the American Legion and the City of Waterloo, Iowa, originally approved on April 6, 2015 and first amended on August 24, 2015, to authorize issuance of the remaining incentive payment of $50,000, is hereby approved and the Mayor and City Clerk are authorized and directed to execute the same on behalf of the City of Waterloo, Iowa. PASSED AND ADOPTED this 28th day of March 2016. Quentin Hart, Mayor ATTEST: Suzy Sch:res, CMC City Clzrk Prepared by Nancy Higby, Administrative Secretary, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291- 4323. RESOLUTION NO. 2016-212 RESOLUTION GRANTING REQUEST OF SCREAMING EAGLE AMERICAN BAR & GRILL, 228 EAST 4TH STREET, FOR VARIANCE TO NOISE ORDINANCE, ORDINANCE NO. 3094. WHEREAS, Screaming Eagle American Bar & Grill, 228 East 4th Street, is requesting a variance to the Noise Ordinance and permission to close a portion of Lafayette Street between 4th and 5th Streets, every Thursday between May 5, 2016 and October 27, 2016 from 5:00 p.m. to 11:00 p.m. in conjunction with Bike Night event, including a PA system and band, and WHEREAS, said event will exceed the limits of the Noise Ordinance, Ordinance No. 3094, and WHEREAS, said Screaming Eagle American Bar & Grill, 228 East 4th Street, has made formal application for a variance every Thursday between May 5, 2016 and October 27, 2016 from 5:00 p.m. to 11:00 p.m., together with recommendation of approval of Director of Safety Services. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the request of Screaming Eagle American Bar & Grill, 228 East 4th Street, for a variance to Ordinance No. 3094, Noise Ordinance, and permission to close a portion of Lafayette Street between 4th and 5th Streets, every Thursday between May 5, 2016 and October 27, 2016 from 5:00 p.m. to 11:00 p.m. in conjunction with Bike Night event, including a PA system and band, be and the same hereby granted. PASSED AND ADOPTED this 28th day of March, 2016. a%(<1. -- Quentin Hart, Mayor ATTEST: Suzy S. ares, CMC City C erk Prepared by Kelley Felchle, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. ORDINANCE NO. 5341 AN ORDINANCE VACATING A 30 FOOT UTILITY EASEMENT ALONG THE WESTERLY LINE OF LOT 12, MIDPORT AMERICA PARK PLAT NO. 2, CONTAINING 5,500 SQUARE FEET, GENERALLY LOCATED AT 2320 WEST AIRLINE HIGHWAY, IN THE CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, as follows: THAT PART OF A 30' WIDE EASEMENT LOCATED ON LOT NO TWELVE (12), MIDPORT AMERICA PARK PLAT NO. 2, CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT NO. TWELVE (12); THENCE N14°01'46"E 285.37 FEET ALONG THE WEST LINE OF SAID LOT NO. TWELVE (12) TO THE POINT OF BEGINNING; THENCE N14°01'46"E 236.13 FEET ALONG SAID WEST LINE; THENCE N89°32'29"E 30.99 FEET; THENCE S14°01'46"W 71.83 FEET; THENCE SOUTHWESTERLY 175.51 FEET ALONG A 508.34' RADIUS CURVE CONCAVE NORTHWESTERLY, SAID CURVE HAVING A LONG CHORD OF 174.64 FEET BEARING S23°55'15"W, TO THE POINT OF BEGINNING, CONTAINING 5,500 SQUARE FEET. Shall be, and the same is hereby vacated. INTRODUCED: PASSED 1st CONSIDERATION: PASSED 2nd CONSIDERATION: PASSED 3rd CONSIDERATION: March 28, 2016 March 28, 2016 March 28, 2016 March 28, 2016 PASSED AND ADOPTED this 28th day of March 2016. Quentin Hart, Mayor Suzy Shares, CMC City Clerk Ordinance No. 5341 Page 2 CERTIFICATE I, Suzy Schares, City Clerk of the City of Waterloo, Iowa, do hereby certify that the preceding is a true and complete copy of Ordinance No. 5341, as passed and adopted by the Council of the City of Waterloo, Iowa, on the 28th day of March 2016. Witness my hand and seal of office this 28th day of March 2016. SEAL Suzy Scares, CMC City Clerk