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.
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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.
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.
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