HomeMy WebLinkAboutCouncil Packet - 1/23/2017THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA,
REGULAR SESSION TO BE HELD AT
THE HAROLD E. GETTY COUNCIL CHAMBERS
Monday, January 23, 2017
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 first priority.
Page 1 of 177
Roll Call.
Prayer or Moment of Silence
Pledge of Allegiance
Steven Nielsen, Library Director
Agenda, as proposed or amended.
Minutes of January 17, 2017, Regular Session, as proposed.
ORAL PRESENTATIONS
Iowa Code Chapter 21 gives the public the right to attend council meetings but it
does not require cities to allow public participation except during public hearings.
The City of Waterloo encourages the public to participate during the Oral
Presentations by following the rules listed on the front of the agenda.
1. Consent Agenda:
(The following items will be acted upon by voice vote on a single motion without
separate discussion, unless someone from the council or public requests that a
specific item be considered separately.)
A. Resolution to approve the following:
1. Bills Payment, Finance Committee Invoice Summary Report, a copy of which is on
file in the office of the City Clerk.
2. Resolution approving an Order Accepting Acknowledgment/Settlement Agreement
and check for $1,500.00, from Casey's General Store #5, 1604 LaPorte Road,
Waterloo, Iowa, for tobacco sale to minor violation.
Submitted By: David R. Zellhoefer, City Attorney
3. Resolution approving an Order Accepting Acknowledgment/Settlement Agreement
and check for $1,500.00, from Westside Liquor, 919 W. 5th Street, Waterloo, Iowa,
for sale of tobacco to minor, second violation.
Submitted By: David R. Zellhoefer, City Attorney
4. Resolution approving an Order Accepting Acknowledgment/Settlement Agreement
for Affirmative Defense for Neighborhood Mart, 2100 Lafayette Street, Waterloo,
Iowa for sale of tobacco to minor violation.
Submitted By: David R. Zellhoefer, City Attorney
5. Resolution approving an Order Accepting Acknowledgment/Settlement Agreement
for Affirmative Defense, for Hy -Vee Gas #3, 1512 Flammang Dr., Waterloo, Iowa,
Page 2 of 177
for sale of tobacco to minor violation.
Submitted By: David R. Zellhoefer, City Attorney
6. Resolution setting date of public hearing as February 06, 2017, for a request by
CRF Rentals, to rezone approximately 2.57 acres from "R-1", One and Two
Family Residence District, to "R-1, C -Z", Conditional One and Two Family
Residence District, for the purpose of allowing R-2 uses, daycare or professional
office uses, located at 234 S. Hackett Rd, and instruct the City Clerk to publish
pertinent notice.
Submitted By: Noel Anderson, Community Planning & Development Director
7. Resolution setting the date of public hearing as February 13, 2017, for a request
by Chuck Heene, to rezone approximately 0.456 acres, from "R-4" Multiple
Residence District to "R-4, C -Z", Conditional Multiple Residence District, for the
purpose of allowing a grocery/retail store at 915-919 West 4th Street, and instruct
the City Clerk to publish pertinent notice.
Submitted By: Noel Anderson, Community Planning and Development Director
8. Resolution setting a date of public hearing as February 6, 2017 to approve
preliminary plans, specifications, form of contract, etc. and setting date of bid
opening as February 2, 2017 for Demolition Services for 820 Newell Street, 915
Newell Street, 71 Franklin Street, 929 Linden Avenue, 426 Cherry Street, 310 Oak
Street, 847 Dawson Street, and 414 Thompson Street, and instruct City Clerk to
publish notice.
Submitted By: Noel Anderson -Community Planning and Development Director
9. Resolution setting date of public hearing as February 6, 2017, to approve the
request by Jon Hauptly, for a site plan amendment to the "C -P" Planned
Commercial District, to allow for the construction of an 12,000 SF, indoor,
recreation building, with a 66 -stall parking lot, located northeast of 1844 West
Ridgeway Avenue, and instruct City Clerk to publish notice.
Submitted By: Noel Anderson, Community Planning and Development Director
10. Resolution setting date of public hearing as February 13, 2017 to approve
preliminary plans, specifications, form of contract, etc. and setting date of bid
opening as February 9, 2017, for the F.Y. 2017 Tree Clearing - City Composting
Site, Contract No. 927; and instruct City Clerk to publish notice of plans,
specifications, form of contract, etc.
Submitted By: Eric Thorson, PE, City Engineer
B. Motion to approve the following:
1. TRAVEL REQUESTS
a. Sgt. McGeough & Richter
Class/Meeting: BCA Bureau of Criminal Apprehension: Ethics and Integrity
Class
Destination: St. Paul, MN
Dates: February 21-23, Amount not to exceed: $1,158.00
2017
b. Inv. Pohl
Class/Meeting: Field Search v5.0 Computer Investigations class
Destination: Des Moines, IA
Page 3 of 177
Dates: February 23, Amount not to exceed: $365.00
2017
2. LIQUOR LICENSES
a. Scoreboard Bar & Grill, 814 LaPorte Road (Transfer from 5th Street
Sports Pub)
Class: C Liquor
New Application Does not include Sunday
Expiration Date: 3/31/2017
b. Golf Headquarters, 1850 W. Ridgeway Ave, Suite 1
Class: B Beer
Renewal Application Includes Sunday
Expiration Date: 12/30/2017
3. Fireworks Display at Isle of Capri Casino, 777 Isle of Capri Blvd. (in the field west
of the casino) on January 28, 2017 beginning at 9:00 p.m. for approximately 10-15
minutes for the Chinese New Year.
Submitted By: Kelley Felchle, City Clerk
4. Motion to approve Exception to Burning Yard Waste Application for Hawkeye
Community College Cedar Valley Arboretum & Botanical Gardens, to burn
approximately 9.5 acres of prairie grass.
Submitted By: Kelley Felchle, City Clerk
PUBLIC HEARINGS
2. Sale of city owned property located at 1420 Byron Avenue to Bertha Johnson in
the amount of $5,000 and approve Development Agreement.
Motion to receive and file proof of publication of notice of public hearing.
HOLD HEARING—No objections on file.
Motion to close hearing and receive and file oral and written comments.
Resolution authorizing sale and conveyance of 1420 Byron Avenue to Bertha Johnson
for $5,000, and authorize City Attorney to prepare and deliver deed accordingly.
Resolution approving Development Agreement and authorize Mayor and City Clerk to
execute the agreement.
Submitted By: Noel Anderson -Community Planning and Development Director
3. Purchase of six (6) Police patrol vehicles for the Police Department.
Motion to receive and file proof of publication and notice of public hearing.
HOLD HEARING: No comments on file.
Motion to close the hearing and receive and file oral and written comments.
Resolution confirming approval of specifications, bid document, form of contract etc.
Resolution authorizing to proceed.
Motion to receive and file and instruct City Clerk and refer to Public Works Director for
review.
Submitted By: Mark Rice, Public Works Director
RESOLUTIONS
4. Resolution approving an Encroachment Agreement with Richard L. Penn and Sharon L.
Page 4 of 177
Armfield-Penn to allow for the construction of a fence, plantings, bollards and other
improvements into the city owned alley right-of-way, located adjacent to 322-324 W 4th
Street.
Submitted By: Noel Anderson, Community Planning and Development Director
5. Resolution awarding bid for two (2) pickup trucks, for the Building Inspection
Department, to Pat McGrath Chevyland of Cedar Rapids Iowa in the amount of
$51,442.
Submitted By: Mark Rice, Public Works Director
6. Resolution approving Professional Services Agreement with JDE Engineering, of
Waterloo, Iowa, in an amount not to exceed $65,500.00, for construction related
services, for the FY 2017 Wagner Road Sanitary Sewer Extension and Grading Project,
Contract 899, and authorize Mayor and City Clerk to execute said document.
Submitted By: Dennis Gentz, Assistant City Engineer
7. Resolution approving a Memorandum of Understanding, between the City of Waterloo
and the Walnut Neighborhood Housing Coalition to promote development in the Walnut
Neighborhood.
Submitted By:Noel Anderson, Community Planning and Development Director
8. Resolution approving an extension of a moratorium for a period of six (6) months,
ending on July 31, 2017, on the issuance of a Special Permit or License for the
establishment of any new recycling, junk or salvage yards.
Submitted By: Noel Anderson, Community Planning & Development Director
ORDINANCES
9. Ordinance amending the Code of Ordinances by repealing Article B, Bus Stop
Benches, of Chapter 2, Sidewalk Construction, Inspections and Repair, of Title
7, Public Ways and Property; and enacting in lieu thereof a new Article B, Bus
Stop Benches, of Chapter 2, Sidewalk Construction, Inspections and Repair, of
Title 7, Public Ways and Property.
Motion to receive, file, consider and pass for the third time, an ordinance amending the
2007 Code of Ordinances of the City of Waterloo, Iowa, by repealing Article B, Bus Stop
Benches, of Chapter 2, Sidewalk Construction, Inspections and Repair, of Title 7,
Public Ways and Property; and enacting in lieu thereof a new Article B, Bus Stop
Benches, of Chapter 2, Sidewalk Construction, Inspections and Repair, of Title 7,
Public Ways and Property.
Motion to adopt said ordinance.
Submitted By: Aric Schroeder, City Planner
10. Ordinance amending the 2007 Code of Ordinances of the City of Waterloo, Iowa,
by repealing Title Seven, Chapter 1, Section 4 Curb Cuts, Subsection H, and
Title Seven, Chapter Three, Section Four Permits, Subsection C in its entirety
and enact in lieu thereof a new Title Seven, Chapter 1, Section 4 Curb Cuts,
Subsection H Contractor's Bond, and Title Seven, Chapter Three, Section Four
Permits, Subsection C Contractor's Bond.
Motion to receive, file, consider, and pass for the second time an ordinance amending
Page 5 of 177
the 2007 Code of Ordinances of the City of Waterloo, Iowa, by repealing Title Seven,
Chapter 1, Section 4 Curb Cuts, Subsection H, and Title Seven, Chapter Three,
Section Four Permits, Subsection C in its entirety and enact in lieu thereof a new Title
Seven, Chapter 1, Section 4 Curb Cuts, Subsection H Contractor's Bond, and Title
Seven, Chapter Three, Section Four Permits, Subsection C Contractor's Bond.
Motion to suspend the rules.
Motion to receive, file, consider and pass for the third time and adopt said ordinance.
Submitted By: Eric Thorson, City Engineer
ADJOURNMENT
Motion to adjourn.
Kelley Felchle
City Clerk
MEETINGS
4:25 p.m. Council Work Session, Harold E. Getty Council Chambers
5:10 p.m. Finance Committee, Harold E. Getty Council Chambers
Page 6 of 177
CITY OF WATERLOO
Council Communication
Minutes of January 17, 2017, Regular Session, as proposed.
City Council Meeting: 1/23/2017
Prepared:
REVIEWERS:
Department Reviewer Action Date
Clerk Office Higby, Nancy Approved 1/18/2017 - 10:25 AM
ATTACHMENTS:
Description Type
D Minutes of January 17, 2017 Backup Material
Submitted by: Submitted By:
Page 7 of 177
January 17, 2017
The Council of the City of Waterloo, Iowa, met in Regular Session at Harold E. Getty Council Chambers,
Waterloo, Iowa, at 5:30 p.m., on Tuesday, January 17, 2017. Mayor Pro Tem Ron Welper in the Chair. Roll
Call: Jacobs, Morrissey, Powers, Lind, Amos, Schmitt, and Welper.
Prayer or Moment of Silence.
Pledge of Allegiance: Dennis Clark, General Manager Waterloo Water Works
145944 - Schmitt/Morrissey
that the Agenda, as proposed, for the Regular Session on Monday, January 17, 2017, at 5:30 p.m., be
accepted and approved. Voice vote -Ayes: Seven. Motion carried.
145945 - Schmitt/Morrissey
that the Minutes, as proposed, for the Regular Session on Monday, January 9, 2017, at 5:30 p.m., be
accepted and approved. Voice vote -Ayes: Seven. Motion carried.
ORAL PRESENTATIONS
Mr. Schmitt commented that he received a call regarding the construction of the Dupaco building
that is now demolished.
Noel Anderson, Community Planning and Development Director, explained that they were putting
two large additions on the building and were approved through the Highway 218 Design Review
Board for changes to the building.
Mr. Lind questioned if the city has reached out to the two businesses that recently closed in order to
see if opportunities exist to keep them in Waterloo.
Noel Anderson explained that he is working with the Greater Cedar Valley Alliance and attempting
to make contact with both companies in terms of additional opportunities for personnel. Iowa
Workforce Development has been contacted to help employees find employment opportunities.
145946 - Schmitt/Lind
No comments filed.
that the above oral comments be received and placed on file. Voice vote -Ayes: Lind. Motion
carried.
CONSENT AGENDA
145947 - Schmitt/Amos
that the following items on the consent agenda be received, placed on file and approved:
a. Resolutions to approve the following:
1. Resolution approving Finance Committee Invoice Summary Report, dated January 17, 2017,
in the amount of $923,422.09 a copy of which is on file in the City Clerk's office, together
with recommendation of approval of the Finance Committee.
Resolution adopted and upon approval by Mayor assigned No. 2017-23.
2. Resolution approving the request of Katy Hackett for tax exemptions on the construction of
home improvements, valued at $60,000, for the property located at 515 Riverside Drive, and
located within the Consolidated Urban Revitalization Area (CURA).
Resolution adopted and upon approval by Mayor assigned No. 2017-24.
Page 8 of 177
January 17, 2017 Page 2
3. Resolution approving the request of Samir Duraton for tax exemptions on the construction
of a new single family home, valued at $300,000, for property located at 1462 South Hill
Drive, and located in the City Limits Urban Revitalization Area (CLURA).
Resolution adopted and upon approval by Mayor assigned No. 2017-25.
4. Resolution approving the request of Kim Griffith for tax exemptions on the construction of a
new single family home, valued at $376,488, for property located at 1156 Partridge Lane,
and located in the City Limits Urban Revitalization Area (CLURA).
Resolution adopted and upon approval by Mayor assigned No. 2017-26.
5. Resolution approving the request of Drew Dana for tax exemptions on the construction of a
new single family home, valued at $203,120, for property located at 1418 Hummingbird
Circle, and located in the City Limits Urban Revitalization Area (CLURA).
Resolution adopted and upon approval by Mayor assigned No. 2017-27.
6. Resolution approving the request of Charles R. Hoecker for tax exemptions on the
construction of a new single family home, valued at $203,000, for property located at 1408
Hummingbird Circle, and located in the City Limits Urban Revitalization Area (CLURA).
Resolution adopted and upon approval by Mayor assigned No. 2017-28.
7. Resolution approving the request of Maida Karajic and Mark Crawford Jr. for tax exemptions
on the construction of a new condo, valued at $189,000, for property located at 710
Grindstone Circle and located in the City Limits Urban Revitalization Area (CLURA).
Resolution adopted and upon approval by Mayor assigned No. 2017-29.
8. Resolution approving preliminary specifications, bid document, form of contract, etc. and
setting date of bid opening as February 2, 2017 and date of public hearing as February 6,
2017, for the purchase of two (2) Chevrolet Impala sedans, for the Police Investigation
Division, and instruct the City Clerk to publish notice of specifications, bid document, form
of contract, etc.
Resolution adopted and upon approval by Mayor assigned No. 2017-30.
9. Resolution approving preliminary specifications, bid document, form of contract, etc. and
setting date of bid opening as February 9, 2017 and date of public hearing as February 13,
2017, for the purchase of one (1) FWD/AWD Cargo Van, to support the Animal Control
operation, and instruct the City Clerk to publish notice of specifications, bid document, form
of contract, etc.
Resolution adopted and upon approval by Mayor assigned No. 2017-31.
10. Resolution approving cancellation of assessment for 107 Prospect Avenue in the amount of
$21.71, and authorize City Clerk to notify Black Hawk County Treasurer of said
cancellation.
Resolution adopted and upon approval by Mayor assigned No. 2017-32.
b. Motion to approve the following:
1
a.
Travel Requests
Name & Title of
Personnel
Class/Meeting
Destination
Date(s)
Amount not
to Exceed
Abraham Funchess,
Jr., Executive
Director
2017 National
Community
Reinvestment
Coalition Annual
Conference
Washington,
D.C.
March 27-
31, 2017
$3,645.00
Page 9 of 177
January 17, 2017
b.
2.
a.
b.
Page 3
Bryan Foster,
Shade Tree Short
Ames, IA
February 21-
$270.00
Forestry Specialist
Course and INLA
New
23, 2017
X
King Star, 2035 E. Mitchell
Avenue
Tradeshow
New
1/17/2018
X
Approved Beer, Liquor, and Wine Applications
Name & Address of
Business
Class
New or
Renewal
Expiration
Date
Includes
Sunday
Club Ambassador, 313 W.
5th Street
C Liquor
New
12/15/2017
X
King Star, 2035 E. Mitchell
Avenue
B Native Wine / C
Beer
New
1/17/2018
X
3. Cigarette/Tobacco Permit New Application for We Got Glass, LLC DBA We Got Glass, 2166
Lafayette Street.
4. Recommendation of appointment of Daniel E. White, to the position of Equipment Operator I,
in the Street Department, effective January 23, 2017, pending completion of pre-employment
testing.
Mr. Lind questioned the specifications of items 1.A.8 and 1.A.9 and if it limits the ability to get
competitive bids.
Mark Rice, Public Works Director, explained the specifications.
Mr. Schmitt questioned the travel request for Mr. Funchess, Jr. is similar to previous requests
submitted by Community Development.
Abraham Funchess, Waterloo Human Rights Director, explained his travel is different from the
travel for Community Development.
Mr. Schmitt questioned if item 1.B.4. is the position that was approved last week at the Human
Resources Committee meeting.
Mark Rice confirmed.
Roll -call vote -Ayes: Six. Nays: One (Schmitt on item 1B4). Motion carried.
PUBLIC HEARINGS
145948 - Morrissey/Amos
that proof of publication of notice of public hearing for review of bids for sale and conveyance of
certain tracts of land, formerly portions of West San Martian Drive right-of-way, located adjacent to
Sunnyside Country Club, as published in the Waterloo Courier on December 30, 2016, be received
and placed on file. Voice vote -Ayes: Seven. Motion carried.
This being the time and place of public hearing, the Mayor Pro Tem called for written and oral
objections.
Mr. Lind questioned if the letter the plaintiff sent would constitute a comment on file.
Kelley Felchle, City Clerk, explained the letter was sent from opposing counsel to City Attorney
regarding the lawsuit and not the public hearing.
Forest Dillavou, 1725 Huntington Road, requested that the city not proceed.
145949 - Morrissey/Amos
that the hearing be closed and oral comments be received and placed on file. Voice vote -Ayes:
Seven. Motion carried.
Page 10 of 177
January 17, 2017 Page 4
Mr. Jacobs requested an explanation of the item.
Dave Zellhoefer, City Attorney, explained the status of the lawsuit and that the city has no intention
of doing anything until a decision has been made by the Supreme Court.
145950 - Morrissey/Amos
that "Resolution authorizing to proceed pursuant to Iowa Code §306.23", be adopted. Roll -call vote -
Ayes: Five. Nays: Two (Lind, Schmitt). Motion carried.
Mr. Lind asked for clarification on the action to proceed.
Dave Zellhoefer explained that the city could work on some things so that it is ready to act when the
Supreme Court rules.
Mr. Schmitt questioned the preemptive work Mr. Zellhoefer will be doing.
Dave Zellhoefer explained his thoughts on the process.
Mr. Schmitt questioned how much money the city has spent on the process.
Dave Zellhoefer commented that he does not have the exact figure at this time.
Mr. Schmitt commented that he heard that the city has spent over $100,000.
Mr. Jacobs questioned whether the work that Mr. Zellhoefer would do would be costly or would it
be mainly administrative.
Dave Zellhoefer explained it would not include any costs above normal staff time, and that in doing
so, we would be ready rather than starting all over again.
Mr. Powers requested clarification of what doing nothing meant in regard to the Supreme Court
deision.
Dave Zellhoefer clarified he would not be filing anything with the courts.
Mr. Schmitt questioned if the issue would come back to us even if it is ruled in our favor.
Dave Zellhoefer stated he could not make that prediction.
Mr. Morrissey commented that he did not read into the record that no bids were received.
Resolution adopted and upon approval by Mayor assigned No. 2017-33.
145951 - Schmitt/Morrissey
that proof of publication of notice of public hearing on the purchase of two (2) pickup trucks for the
Building Inspection Department, as published in the Waterloo Courier on January 6, 2017, be
received and placed on file. Voice vote -Ayes: Seven. Motion carried.
This being the time and place of public hearing, the Mayor Pro Tem called for written and oral
objections and there were none.
David Dryer, 3145 W. 4th Street, questioned what happens to old vehicles when they are no longer in
service.
Mark Rice, Public Works Director, explained that the city has standard schedules for replacing
vehicles and the vehicles will be sold at sealed bid auction.
145952 - Schmitt/Lind
that the hearing be closed and oral comments be received and placed on file. Voice vote -Ayes:
Seven. Motion carried.
Page 11 of 177
January 17, 2017
145953 - Schmitt/Lind
Page 5
that "Resolution confirming approval of plans, specifications, form of contract, etc.", be adopted.
Roll -call vote -Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2017-34.
145954 - Schmitt/Lind
that "Resolution authorizing to proceed", be adopted. Roll -call vote -Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2017-35.
145955 - Schmitt/Morrissey
Motion to receive and file and instruct City Clerk to read bids and refer to the Public Works Director
for review.
Bidder
Bid Security
Bid Amount
Karl Chevrolet
Ankeny, IA
N/A
$53,665.78
Pat McGrath Chevyland
Cedar Rapids, IA
N/A
$51,442.00
Voice vote -Ayes: Seven. Motion carried.
RESOLUTIONS
145956 - Lind/Morrissey
that "Resolution approving a lease agreement with C & S Car Company for a 2017 Hyundai Santa
Fe, VIN #5NMZUDLB2HH017488, to be used by the School Resource Officers for a six (6) month
period at no cost to the City", be adopted. Roll call vote -Ayes: Seven. Motion carried.
Mr. Powers commented that C&S Car Company has been a great private -public partnership and
wanted to thank them.
David Dryer, 3145 W. 4th Street, questioned why the city would lease cars rather than utilize the
current fleet.
Mr. Welper pointed out that there is no cost to the city in the lease agreement.
Resolution adopted and upon approval by Mayor assigned No. 2017-36.
145957 - Lind/Morrissey
that "Resolution approving Professional Services Agreement with Struxture Architecture, for design
services for flood repairs at Riverfront Stadium, in an amount not to exceed $30,000", be adopted.
Roll call vote -Ayes: Seven. Motion carried.
Mr. Jacobs requested an explanation of the item.
Paul Huting, Leisure Services Director, explained the agreement and that the total cost of repairs to
the building are estimated to be between $200,000 and $300,000 in actual damage. He further noted
Leisure Services is working with FEMA to help with what may not be covered by insurance.
Mr. Jacobs asked if anything could be done to prevent this happening in the future.
Paul Huting explained that the city has made structural changes to the building after the 2008 flood,
and are working with FEMA on mitigation measures for the future.
Page 12 of 177
January 17, 2017 Page 6
Mr. Jacobs questioned if the city could get an estimate for a berm around the structure and if grant
funds are available.
Paul Huting commented that Cedar Rapids used HESCO portable barriers and we may look at that as
an option.
Resolution adopted and upon approval by Mayor assigned No. 2017-37.
ORDINANCES
145958 - Morrissey/Amos
that "an Ordinance amending the Code of Ordinances by repealing Article B, Bus Stop Benches, of
Chapter 2, Sidewalk Construction, Inspections and Repair, of Title 7, Public Ways and Property; and
enacting in lieu thereof a new Article B, Bus Stop Benches, of Chapter 2, Sidewalk Construction,
Inspections and Repair, of Title 7, Public Ways and Property", be received, placed on file,
considered and passed for the second time. Roll call vote -Ayes: Seven. Motion carried.
145959 - Morrissey/Amos
that rules requiring ordinances to be considered and voted for passage at two prior meetings be
suspended. Roll call vote -Ayes: Five. Nays: Two (Lind and Schmitt). Motion Failed.
145960 - Amos/Schmitt
that "an Ordinance amending the 2007 Code of Ordinances of the City of Waterloo, Iowa, by
repealing Title Seven, Chapter 1, Section 4 Curb Cuts, Subsection H, and Title Seven, Chapter
Three, Section Four Permits, Subsection C in its entirety and enact in lieu thereof a new Title Seven,
Chapter 1, Section 4 Curb Cuts, Subsection H Contractor's Bond, and Title Seven, Chapter Three,
Section Four Permits, Subsection C Contractor's Bond", be received, placed on file, considered and
passed for the first time. Roll call vote -Ayes: Seven. Motion carried.
Mr. Schmitt questioned if the dollar amount for this has been determined.
Eric Thorson, City Engineer, reviewed the increase in bond amounts and costs.
Mr. Schmitt asked about the timeline for this.
Eric Thorson explained that bonds typically expire at the end of April, but some renewals will be
coming through soon and would like to get a letter out to notify contractors of the change, and before
the Engineering Department starts receiving new bonds.
Mr. Schmitt questioned how contractors have been notified of the change.
Eric Thorson explained how the public is being notified.
145961 - Amos/Morrissey
that rules requiring ordinances to be considered and voted for passage at two prior meetings be
suspended. Roll call vote -Ayes: Five. Nays: Two (Lind and Schmitt). Motion Failed.
ADJOURNMENT
Mr. Schmitt commented that he would like for the city to look at making the Park Avenue bridge a
pedestrian only bridge.
Mr. Welper said he believes the Fire Department needs that bridge to get to the west side.
Mr. Schmitt stated he sees them using the 5th Street bridge.
Mr. Morrissey commented that the Complete Streets Advisory Committee meets monthly and will
be looking into this.
Page 13 of 177
January 17, 2017
145962 - Morrissey/Powers
that the Council adjourn at 6:07 p.m. Voice vote -Ayes: Seven. Motion carried.
Kelley Felchle
City Clerk
Page 7
Page 14 of 177
CITY OF WATERLOO
Council Communication
Resolution approving an Order Accepting Acknowledgment/Settlement Agreement and check for $1,500.00,
from Casey's General Store #5, 1604 LaPorte Road, Waterloo, Iowa, for tobacco sale to minor violation.
City Council Meeting: 1/23/2017
Prepared: 1/9/2017
REVIEWERS:
Department
Legal
Clerk Office
ATTACHMENTS:
Description
SUBJECT:
Submitted by:
Recommended Action:
Summary Statement:
Reviewer
Akin, Sharae
Even, LeAnn
Action
Approved
Approved
Type
Date
1/11/2017 - 3:55 PM
1/18/2017 - 10:42 AM
Resolution approving an Order Accepting Acknowledgment/Settlement
Agreement and check for $1,500.00, from Casey's General Store #5, 1604
LaPorte Road, Waterloo, Iowa, for tobacco sale to minor violation.
Submitted By: David R. Zellhoefer, City Attorney
Approve Acknowledgment/Settlement Agreement and receipt of the
fine/check for $1,500.00 payable to the City of Waterloo.
This is a second violation within a certain time frame. Penalty is therefore a
choice of a $1,500.00 statutory penalty to the City of Waterloo, or a 30 day
suspension of their tobacco license. Casey's opted to pay the $1,500.00.
First violation was December 16, 2014; second violation was December 5,
2016. This is during a 2 year period.
Page 15 of 177
IN RE:
CASEY' S
1604 LAPORTE ROAD ACKNOWLEDGMENT/
WATERLOO, IOWA 50702 SETTLEMENT AGREEMENT
SECOND VIOLATION
I (we) hereby knowingly and voluntarily acknowledge that we have received the Notice
of Hearing and the Complaint in the above case. I (we) hereby knowingly and voluntarily
acknowledge the facts and allegations contained in the Complaint, attached hereto and
incorporated herein by reference, and knowingly and voluntarily admit that the same are true and
correct. I (we) hereby knowingly and voluntarily waive hearing, and submit to the statutory
penalties prescribed by Iowa law. I (we) understand that this penalty will count as an official
"Second Violation" of Iowa Code §453A.2 pursuant to Iowa Code §453A.22. I (we) understand
that the penalty for this second violation is a civil penalty of One Thousand Five Hundred
Dollars ($1,500.00) or a suspension of my (our) cigarette permit for thirty (30) days, beginning
on the date that will be specified in the official City Order that I will receive. The above -
captioned permit holder hereby waives all jurisdictional clai
Date: ���� K__ n
rig; I.j in'I
In accordance with Iowa Code §453A.22(2)(b), the above -captioned permittee chooses the
following penalty:
dl $1,500.00 fine 30 -day suspension
NOTE: This must be signed by an individual cigarette pennittee, or in the case of another
business entity, by individual(s) who have authority to bind the entity.
If you decide to sign this ACKNOWLEDGMENT/SETTLEMENT AGREEMENT
and waive your appearance at a hearing, this document, properly signed and
dated, as well as a check mark placed on the chosen penalty, should be returned
to: David R. Zellhoefer, Waterloo City Attorney, 715 Mulberry Street, Waterloo,
Iowa, 50703.
Page 16 of 177
VDR 167897 CK NO 2853739
Memo
Invoice
Date
Invoice
Number
Amount
Discount
Net Amount
WF PAG6196 2880
12/20/17
0000
1,500.00
.00
1,500.00
1,500.00
Detach @efors CUpesi1ing
.00
1,500.00
WARNING: ORIGINAL DOOUMENTA.$;PHINTED IN BLUE INK.
Date
01/04/17
PAY
TO THE
ORDER
OF
CASEY'S GENERAL STORES
P.O. BOX 3001
ANKENY, IOWA 50021-8045
****ONE THOUSAND FIVE HUNDRED DOLLARS & NO CENTS
CITY OF WATERLOO
715 MULBERRY ST
WATERLOO IA 50703
as
UMBae=lsol
hk 1012
MEMBER Pale
Check No.
2853739
Amount
$1,500.00
WARNING: ORIGINAL DOCUMENT HAS AN ARTIFICIAL WATERMARK ON REVERSE SIDE.
u' 2853739111 1. L❑ 2 L90 L71: II'500800 L 29LIII'
Page 17 of 177
Retailer:
City:
PLEUGE
VIII Compliance Check Form
FY 2017 } .
l Address: j /
State:
RESULTS (check one):
Date Checked: / 2-ir //‘
1%0()
Time Checked:
Clerk Information: ❑ Male Female
(NAME ONLY REQUIRED IF NON-COMPLIANT):
First Name:�ww
Last Name: Ckty
Compliant
3,E, Non -Compliant
u Unable to Complete
(Not Applicable)
Middle Initial:�`�
Case i : V" V /00 Y
1 have issued a criminal citation to the clerk listed above for selling tobacco,
alternative nicotine or vapor products to a person under age eighteen.
owe Code § 453A.2(1).
(NOTE, If the compliance check result is Non -Compliant, a citation must be issued before your department may receive payment.)
If Unable to Complete the Compliance Check (check one)
D Establishment has a VALID PERMIT. but Does Not Sell Tobacco,
Alternative Nicotine or Vapor Products.
Permit Status Verified by City Clerk or County Auditor
❑ Establishment No Longer Holds a Valid Tobacco, Alternative
Nicotine or Vapor Product Permit
0 Establishment is Out of Business
U Establishment is designated as an "Unsatisfactory Condition"
- "Unsatisfactory Condition" verified by ABO Investigator
- Officer Conducted. a Walk -Through of the Premises
(Explanation Required in Comments Section Below)
It. If none of the above reasons apply, write reason and explanation on
the back of the form—see page 4 for reason list,
OFFICER INFORMATION (OFFICER THAT CONDUCTED COMPLIANCE CHECK):
First Name:
oici>
Badge:
Middle Initial:
Department:
CONFIDENTIAL INFORMANT (CI):
CI Age: ❑ 16
17 CI Gender: p"Male ❑ Female CI Number:
Last Name:
I��
z
CI Ethnicity: 0 White ❑ Asian ❑ African American 0 Native American
RESULTS OF ATTEMPTED PURCHASE:
Attempted Purchase Item: Cigarettes ❑ Smokeless Tobacco
❑ Vapor Product 0 Alternative Nicotine Product
Age Requested? ❑ YES `�i , NO
ID Reques d? ,YES 0 NO
1 /44,,i/
rj6),,Z
Officer Si natle $75
(Last 4 digits of Cfs ID}
Hispanic
Cl Other
❑ Other Tobacco Product
COMMENTS:
Page 18 of 177
CITY OF WATERLOO
Council Communication
Resolution approving an Order Accepting Acknowledgment/Settlement Agreement and check for $1,500.00,
from Westside Liquor, 919 W. 5th Street, Waterloo, Iowa, for sale of tobacco to minor, second violation.
City Council Meeting: 1/23/2017
Prepared: 1/9/2017
REVIEWERS:
Department Reviewer Action Date
Legal Akin, Sharae Approved 1/11/2017 - 3:56 PM
Clerk Office Even, LeAnn Approved 1/18/2017 - 10:49 AM
ATTACHMENTS:
Description
SUBJECT:
Submitted by:
Recommended Action:
Summary Statement:
Type
Resolution approving an Order Accepting Acknowledgment/Settlement
Agreement and check for $1,500.00, from Westside Liquor, 919 W. 5th
Street, Waterloo, Iowa, for sale of tobacco to minor, second violation.
Submitted By: David R. Zellhoefer, City Attorney
Approve Acknowledgment/Settlement Agreement and receive the $1,500.00
check in payment of penalty for tobacco violation -2nd. Have Mayor and
City Clerk sign Order.
Business had first violation on January 27, 2015, and the second violation
was December 5, 2016. Business is given choice of $1,500.00 penalty or 30
day suspension of tobacco sales. Business chose $1,500.00 penalty.
Page 19 of 177
IN RE:
WESTSIDE LIQUOR
919 W. 5TH STREET ACKNOWLEDGMENT/
WATERLOO, IOWA 50702 SETTLEMENT AGREEMENT
SECOND VIOLATION
I (we) hereby knowingly and voluntarily acknowledge that we have received the Notice
of Hearing and the Complaint in the above case. I (we) hereby knowingly and voluntarily
acknowledge the facts and allegations contained in the Complaint, attached hereto and
incorporated herein by reference, and knowingly and voluntarily admit that the same are true at
correct. I (we) hereby knowingly and voluntarily waive hearing, and submit to the statutory
penalties prescribed by Iowa law. I (we) understand that this penalty will count as an. official
"Second Violation" of Iowa Code §453A.2 pursuant to Iowa Code §453A.22. I (we) understand
that the penalty for this second violation is a civil penalty of One Thousand Five Hundred
Dollars ($1,500.00) or a suspension of my (our) cigarette permit for thirty (30) days, beginning
on the date that will be specified in the official City Order that I will receive. The above -
captioned permit holder hereby waives all jurisdictional claims.
Date: / i/1/�,•l
In accordance with Iowa Code §453A.22(2)(b), the above -captioned permittee chooses the
following penalty:
IA $1,500.00 fine
❑ 30 -day suspension
NOTE: This must be signed by an individual cigarette permittee, or in the case of another
business entity, by individual(s) who have authority to bind the entity.
If you decide to sign this ACKNOWLEDGMENT/SETTLEMENT AGREEMENT
and waive your appearance at a hearing, this document, properly signed and
dated, as well as a check mark placed on the chosen penalty, should be returned
to: David R. Zellhoefer, Waterloo City Attorney, 715 Mulberry Street, Waterloo,
Iowa, 50703.
Page 20 of 177
a
`r`il30:'542 02 biE 0 '
0
it
Vry
Page 21 of 177
Retailer:
City:
..e/5--si,LyL�
1
PIE GE
VIII. Compliance Check Form
FY 2017
address:
LA/
State:71— ZIP: d7c'
RESULTS (check one):
Date Checked: 12,+ Sli k
Time Checked: ISS
Clerk Information: ❑ Male ❑ Female
(NAME ONLY REQUIRED IF NON-COMPLIANT);
First Name: ti (A--er
Last Name: A
Compliant
i on -Compliant
0 Unable to Complete
(Not Applicable)
Middle Initial: Pit,1,
Case # EA/ i Lo g -c
If Unable to Complete the Compliance Check (check one)
❑ Establishment has a VALID PERMIT but Does Not Sell Tobacco,
Alternative Nicotine or Vapor Products.
- Permit Status Verified by City Clerk or. County Auditor
❑ Establishment No Longer Holds a Valid Tobacco, Alternative
Nicotine or Vapor Product Permit
❑ Establishment is Out of Business
0 Establishment Is designated as an "Unsatisfactory Condition"
- "Unsatisfactory Condition" verified by ABET Investigator
- Officer Conducted a Walk -Through of the Premises
(Explanation Required in Comments Section Below)
10. If none of the above reasons apply, write reason and explanation on
the back of the form—see page 4 for reason list
I have issued a criminal citation to the clerk listed above for selling tobacco,
alternative nicotine or vapor products to a person under age eighteen.
Cf Iowa Code § 453A.2(1).
(NOTE: If the compliance check result is Non -Compliant, a citation must be issued before your department may receive payment.)
OFFICER INFORMATION (OFFICER THAT CONDUCTED COMPLIANCE C
First Name: Middle Initial:
Badge:
Department:
CONFIDENTIAL INFORMANT (CI):
CI Age: 0 16 9117 CI Gender: "(Male 0 Female CI Number:
CI Ethnicity: 0 White 0 Asian 0 African American 0 Native America-hdispanic
Last Name:
a(L-ast 4 digits of Cl's ID)
RESULTS OF ATTEMPTED PURCHASE:
Attempted Purchase Item:`ICigarettes ❑ Smokeless Tobacco
❑ Vapor Product ❑ Alternative Nicotine Product
Age Requested? ❑ YES ❑ NO
ID Requested? 0 YES ❑ NO
Officer Signature
$75
❑ Other
❑ Other Tobacco Product
COMMENTS:
k loaf
e211,g22 of 177
CITY OF WATERLOO
Council Communication
Resolution approving an Order Accepting Acknowledgment/Settlement Agreement for Affirmative Defense for
Neighborhood Mart, 2100 Lafayette Street, Waterloo, Iowa for sale of tobacco to minor violation.
City Council Meeting: 1/23/2017
Prepared: 1/9/2017
REVIEWERS:
Department Reviewer Action Date
Legal Akin, Sharae Approved 1/11/2017 - 3:55 PM
Clerk Office Even, LeAnn Approved 1/18/2017 - 10:50 AM
ATTACHMENTS:
Description
a Tobacco Violation Paperwork for Neighborhood Mart -
2nd violation.
SUBJECT:
Submitted by:
Recommended Action:
Summary Statement:
Type
Cover Memo
Resolution approving an Order Accepting Acknowledgment/Settlement
Agreement for Affirmative Defense for Neighborhood Mart, 2100 Lafayette
Street, Waterloo, Iowa for sale of tobacco to minor violation.
Submitted By: David R. Zellhoefer, City Attorney
Approve Acknowledgment/Settlement Agreement for Affirmative Defense for
Neighborhood Mart, 2100 Lafayette Street, Waterloo, Iowa. Have Mayor
and City Clerk execute order regarding approval.
If a business has a Clerk who takes the class "on-line" with the ABD in
Ankeny, they are issued a Certificate. If you sell tobacco to a minor and
hold a certificate of completion, you can assert an Affirmative Defense. This
means no penalty, and the sting doesn't count toward your first, second,
third, offenses, respectively. A business may use this affirmative defense
once in a period of four (4) years. This business has not used the affirmative
defense in the last four years, and is therefore taking advantage of it for this
infraction. A copy of the certificate of completion is attached.
Page 23 of 177
IN RE:
NEIGHBORHOOD MART ACKNOWLEDGMENT/
2100 LAFAYETTE STREET SETTLEMENT AGREEMENT
WATERLOO, IOWA 50703 AFFIRMATIVE DEFENSE
I (we) hereby knowingly and voluntarily acknowledge that we have received the Notice
of Hearing and the Complaint in the above case. I (we) hereby knowingly and voluntarily
acknowledge the facts and allegations contained in the Complaint, and knowingly and
voluntarily admit that the same are true and correct. I (we) hereby assert the affirmative defense.
Employee received training in the program authorized by the Alcoholic Beverages Division, a
copy of which is attached hereto, and made a part hereof by this reference. This affirmative
defense can only be asserted once by the undersigned retailer at this retail location in a four-year
period. There will be no civil penalty assessed with the affirmative defense. This Settlement
Agreement shall be approved by the City Council and copies forward to the Attorney General's
Office, Alcoholic Beverages Division and Retailer.
. tA.,
Date:730C�%�,
NOTE: This must be signed by an individual cigarette permittee, or in the case of another
business entity, by individual(s) who have authority to bind the entity.
If you decide to sign this ACKNOWLEDGMENT/SETTLEMENT AGREEMENT
and waive your appearance at a hearing, this document, properly signed and
dated, shall be returned to: David R. Zellhoefer, WaterloCCity Attorney, 715
Mulberry Street, Waterloo, Iowa, 50703.
Page 24 of 177
of 177
Awarded to:
samanth a j miller
Date of completion: Sep 30, 2016
Expires on: Sep 30, 2018
Certificate No: 102892
State of Iowa
Alcoholic Beverages Division
Stephen Larson
1918 SE Hulsizer Road,
0
czt
CITY OF WATERLOO
Council Communication
Resolution approving an Order Accepting Acknowledgment/Settlement Agreement for Affirmative Defense, for
Hy -Vee Gas #3, 1512 Flammang Dr., Waterloo, Iowa, for sale of tobacco to minor violation.
City Council Meeting: 1/23/2017
Prepared: 1/9/2017
REVIEWERS:
Department Reviewer Action Date
Legal Akin, Sharae Approved 1/9/2017 - 5:02 PM
Clerk Office Even, LeAnn Approved 1/18/2017 - 11:47 AM
ATTACHMENTS:
Description
SUBJECT:
Type
Resolution approving an Order Accepting Acknowledgment/Settlement
Agreement for Affirmative Defense, for Hy -Vee Gas #3, 1512 Flammang Dr.,
Waterloo, Iowa, for sale of tobacco to minor violation.
Submitted by: Submitted By: David R. Zellhoefer, City Attorney
Recommended Action:
Approve Acknowlegment/Settlement Agreement for Affirmative Defense, and
have Mayor and City execute Order.
Page 26 of 177
IN RE:
HX -VEE GAS #3 ACKNOWLEDGMENT/
1512 FLAMMANG DRIVE SETTLEMENT AGREEMENT -
WATERLOO, IOWA 50702 AFFIRMATIVE DEFENSE
I (we) hereby knowingly and voluntarily acknowledge that we have received the Notice
of Hearing and the Complaint in the above case. I (we) hereby knowingly and voluntarily
acknowledge the facts and allegations contained in the Complaint, attached hereto and
incorporated herein by reference, and knowingly and voluntarily admit that the same are true and
correct. I (we) hereby assert the affirmative defense. Employee received training in the program
authorized by the Alcoholic Beverages Division, a copy of which is attached hereto, and made a
part hereof by this reference. This affirmative defense can only be asserted once by the
undersigned retailer at this retail location in a four-year period. There will be no civil penalty
assessed with the affirmative defense. This Settlement Agreement shall be approved by the City
Council and copies forwarded to the Attorney General's Office, Alcoholic Beverages Division
and Retailer. The hove -captioned permit holder hereby waives all jurisdictional claims,
K
Date:
NOTE: This must be signed by an individual cigarette permittee, or in the case of another
business entity, by individual(s) who have authority to bind the entity.
If you decide to sign this ACKNOWLEDGMENT/SETTLEMENT
AGREEMENT -AFFIRMATIVE DEFENSE and waive your appearance at a
hearing, return this document, properly signed and dated, and return to; David R.
Zellhoefer, Waterloo City Attorney, 715 Mulberry Street, Waterloo, Iowa, 50703.
Page 27 of 177
Crop
Awarded to:
Jessica Lynn Anderson
For completion of
Expires on: Sep 20, 2018
Certificate No: 102536
Thank you for participating in the Iowa Pledge Retailer Training Program and for partnering with the
Iowa Alcoholic Beverages Division to not sell tobacco products to Iowa's kids_
State o f Iowa
Alcoholic Beverages Division
a
j
1918 SE Hulsizer Road,
Administrator
Ankeny, IA 50021
Page 28 of 177
BEFORE THE WATERLOO CITY COUNCIL
IN RE:
HY-VEE GAS #3
1512 FLAMMANG DRIVE
WATERLOO, IOWA 50702
ORDER ACCEPTING
ACKNOWLEDGMENT/SETTLEMENT
AGREEMENT—AFFIRMATIVE
DEFENSE
On this day of , 2017, in lieu of a public hearing on the
matter, the Waterloo City Council approves the attached Acknowledgment/Settlement
Agreement -Affirmative Defense between the above -captioned permittee and the City of
Waterloo.
Therefore, the Waterloo City Council FINDS that the above -captioned permittee has
remitted a copy of employee's certificate of completion of training with the Alcoholic Beverages
Division program to the City of Waterloo. Said affirmative defense is hereby accepted. No civil
penalty will be sanctioned against permitee.
IT IS, THEREFORE, ORDERED that the judgment in this matter is hereby satisfied.
Quentin Hart, Mayor
ATTEST:
Kelley Feichle, City Clerk
Page 29 of 177
CITY OF WATERLOO
Council Communication
Resolution setting date of public hearing as February 06, 2017, for a request by CRF Rentals, to rezone
approximately 2.57 acres from "R-1", One and Two Family Residence District, to "R-1, C -Z", Conditional
One and Two Family Residence District, for the purpose of allowing R-2 uses, daycare or professional office
uses, located at 234 S. Hackett Rd, and instruct the City Clerk to publish pertinent notice.
City Council Meeting: 1/23/2017
Prepared: 1/17/2017
REVIEWERS:
Department
Planning & Zoning
Clerk Office
Reviewer
Schroeder, Aric
Even, LeAnn
Action
Approved
Approved
ATTACHMENTS:
Description Type
D 234 S Hackett Road Documentation Backup Material
SUBJECT:
Submitted by:
Recommended Action:
Summary Statement:
Date
1/17/2017 - 6:03 PM
1/18/2017 - 12:23 PM
Resolution setting date of public hearing as February 06, 2017, for a request
by CRF Rentals, to rezone approximately 2.57 acres from "R-1", One and
Two Family Residence District, to "R-1, C -Z", Conditional One and Two
Family Residence District, for the purpose of allowing R-2 uses, daycare or
professional office uses, located at 234 S. Hackett Rd, and instruct the City
Clerk to publish pertinent notice.
Submitted By: Noel Anderson, Community Planning & Development
Director
Approval
The applicant is requesting to rezone approximately 2.57 acres for the
purpose of allowing for all uses in the "R-2" One and Two Family Residence
District, a day care, and professional office uses located at 234 S. Hackett
Road.
The "R-1" One and Two Family Residence District is intended to provide
for areas of the community which are suitable for low density residential uses
that are adjacent to residential, professional office or neighborhood
commercial uses. The "R-1" district does not allow for professional offices.
Allowing the 7,529 square foot structure on 2.57 acres to have conditional
zoning for a day care or professional offices in the "R-1" Multiple Residence
District would not be considered in character with the overall neighborhood.
However, it should also be noted that there are several vacant churches
within the City of Waterloo. The longer these churches stay vacate, the
greater the likelihood these properties will fall into disrepair and become
blighted eyesores for neighborhoods. The City in December of 2016 recently
seized title to a vacant church located at the corner of West Second and
Page 30 of 177
Expenditure Required:
Source of Funds:
Policy Issue:
Alternative:
Background Information:
Legal Descriptions:
Wellington Streets. The property at its current state with crumbling walls and
broken stain -glass windows is beyond repair and is slated for demolition.
Allowing the property at 234 S Hackett Road to be conditionally rezoned to
allow for a day care center or professional offices will give new life to the
facility with a use that will have minimal disruption to neighboring residents.
Typically people leave their homes for work at 8:00 AM and head home at
5:00 PM. Day cares and professional offices are typically only open from
7:00 AM to 6:00 PM and are closed on weekends. The proposed uses would
not appear significantly different from an impact on the neighborhood from
the principle use as a church and pre-school facility.
At their January 10, 2016 meeting the Planning and Zoning Commission
unanimously voted to approve the rezone request.
N/A
N/A
Zoning and Land Use
N/A
The proposed site is a former Lutheran Church and is currently vacant. The
area is primarily comprised of single-family homes. The homes in the
immediate vicinity were primarily constructed in the 1960's and 1970's with
some structures recently constructed in the 2000's.
That part of the Northeast Quarter of the Northeast Quarter of Section 20,
Township 89 North, Range 13 West of the Fifth Principal Meridian, Black
Hawk County, Iowa, described as follows:
Beginning at the Northeast corner of said Section; thence South along the
East line of said Section a distance of 672 feet; thence West on a line parallel
with the North line of said Section a distance of 191.74 feet; thence to the
right on a curve of 200 foot radius a distance of 312.4 feet to a point on a
line parallel to and 390 feet from the East line of said Section measured
parallel with the north line of said Section; thence North on a line parallel with
the East line of said Section a distance of 473.4 feet to the North line of said
Section; thence East along the North line of said Section a distance of 390
feet to the point of beginning.
Except the North 8 rods of the East 20 rods of the said Northeast Quarter
lying West of the public road and except those parts conveyed to the City of
Waterloo, Iowa in 537 LD 752 and 549 LD 192 and Parcel "E" of Plat of
Survey Doc. #2012-12682 being a part of the Northeast Quarter of the
Northeast Quarter of Section 20, Township 89 North, Range 13 West of the
Fifth Principal Meridian, Black Hawk County, Iowa.
Page 31 of 177
REQUEST:
APPLICANT:
GENERAL
DESCRIPTION:
IMPACT ON
NEIGHBORHOOD &
SURROUNDING
LAND USE:
VEHICULAR &
PEDESTRIAN
TRAFFIC
CONDITIONS:
RELATIONSHIP TO
RECREATIONAL
TRAIL PLAN AND
COMPLETE STREETS
POLICY:
ZONING HISTORY
FOR SITE AND
IMMEDIATE VICINITY:
DEVELOPMENT
HISTORY:
BUFFERS/
SCREENING
REQUIRED:
DRAINAGE:
FLOODPLAIN:
PUBLIC /OPEN
SPACES/ SCHOOLS:
January 10, 2017
Request by CRF Rentals to rezone approximately 2.57 acres from
"R-1" One and Two Family Residence District to "R -1,C -Z"
Conditional One and Two Family Residence District for the purpose
of allowing R-2 uses, a daycare, and or professional offices.
CRF Rentals, PO BOX 203, Waterloo, IA 50704
The applicant is requesting to rezone the property in question for
the purpose of allowing R-2 uses, a daycare, and or professional
offices at 234 S Hackett Road.
The request would not appear to have a negative impact on the
surrounding neighborhood or land use.
The request would not appear to have a negative impact on
vehicular or pedestrian traffic movements in the area. The area is
primarily served by Castle Street and Hackett Road which are
classified as local streets.
There are no recreational trails located in the immediate vicinity of
the proposed rezone area. The site does not have adjacent
sidewalks, but there are no sidewalks in the general area that it
could connect with.
The area of the proposed rezone is zoned "R-1" One and Two
Family Residence District. The area zoned "R-1" has been zoned
as such since 1969. Surrounding land uses and their zoning are as
follows:
The property on all sides is surrounded by single family homes.
The proposed site is a former Lutheran Church and is currently
vacant. The area is primarily comprised of single-family homes.
The homes in the immediate vicinity were primarily constructed in
the 1960's and 1970's with some structures recently constructed in
the 2000's.
No buffers would be required as a part of this rezoning request with
a mixture of trees and landscaping in the front and rear of the
property. Parking is to the rear of the property as well.
Rezoning of the land would not appear to have a negative impact
upon drainage in the area.
No portion of the property is located within a Special Flood Hazard
Area as indicated by the Federal Insurance Administration's Flood
Insurance Rate Map, Community Number 190025 and Panel
Number 0169F, dated July 18, 2011.
There are no schools or public open spaces in the immediate
vicinity.
915-919 West 4th Street — R4 to R4 CZ
Pa'ff 32f cif 177
January 10, 2017
UTILITIES: WATER, An 8" sanitary sewer line is located under Hackett Road. The
SANITARY SEWER, proposed rezone will not impact existing utilities.
STORM SEWER, ETC:
RELATIONSHIP TO The Future Land Use Map designates this area as Low Density
COMPREHENSIVE Residential. The request to rezone from "R-1" One and Two Family
LAND USE PLAN: Residence District to "R -1,C -Z" Conditional One and Two Family
Residence District for the purpose of allowing a day care facility or
professional office building at 234 S Hackett Road is not in
conformance with the Future Land Use Map and Comprehensive
Plan. However, the Future Land Use Map is used as a guide when
making land use decisions. The City of Waterloo is currently in the
beginning stages of updating its Comprehensive Plan and it may
be necessary to change the Future Land Use Map to reflect the
change in the proposed land use.
STAFF ANALYSIS — The "R-1" One and Two Family Residence District is intended to
ZONING provide for areas of the community which are suitable for low
ORDINANCE: density residential uses that are adjacent to residential,
professional office or neighborhood commercial uses. The "R-1"
district does not allow for professional offices. Allowing the 7,529
square foot structure on 2.57 acres to have conditional zoning for a
day care or professional offices in the "R-1" Multiple Residence
District would not be considered in character with the overall
neighborhood.
However, it should also be noted that there are several vacant
churches within the City of Waterloo. The longer these churches
stay vacate, the greater the likelihood these properties will fall into
disrepair and become blighted eyesores for neighborhoods. The
City in December of 2016 recently seized title to a vacant church
located at the corner of West Second and Wellington Streets. The
property at its current state with crumbling walls and broken stain -
glass windows is beyond repair and is slated for demolition.
Allowing the property at 234 S Hackett Road to be conditionally
rezoned to allow for a day care center or professional offices will
give new life to the facility with a use that will have minimal
disruption to neighboring residents. Typically people leave their
homes for work at 8:00 AM and head home at 5:00 PM. Day cares
and professional offices are typically only open from 7:00 AM to
6:00 PM and are closed on weekends. The proposed uses would
not appear significantly different from an impact on the
neighborhood from the principle use as a church and pre-school
facility.
The site does meet the parking requirements for a professional
office building by having 50 spaces when the parking ordinance
only requires there to be one space for every 300 square feet
which for the 7,529 square feet structure equates to 26 parking
spaces.
915-919 West 4th Street — R4 to R4 CZ
Pa'ff 83f 6f 177
STAFF ANALYSIS —
SUBDIVISION
ORDINANCE:
STAFF
RECOMMENDATION:
January 10, 2017
The applicant is not proposing to subdivide the property.
Therefore, staff recommends that the request to rezone
approximately 2.67 acres of land from "R-1" One and Two Family
Residence District to "R-1,CZ" Conditional One and Two Family
Residence District be approved for the following reasons:
1. The request would not appear to have a negative impact on
the surrounding area.
2. The request would not appear to have a negative impact
upon pedestrian and traffic conditions within the surrounding
area.
915-919 West 4th Street — R4 to R4 CZ
3. The request would allow a vacate structure to be reused for
a purpose that will have minimal impacts to neighboring
properties.
P 084f cif 177
City of Waterloo Planning, Programming and Zoning Commission
January 10, 2017
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Is assumed for the actuary of the date delineated herein,
ether expressed or implied by Black Hawk County, the
Black Hawk County Assessor, or the, employees.
The City of Waterloo makes no warranty, express or
Implied, as to the accuracy of the intonnabon shown
on tris map, and expressly declaims Mobility for the
accuracy thereof. Users should refer to official
plats, surveys, recorded deeds, etc. located at the
Black Hawk County Assessors Office for complete
and actuate Infonnaton.
Citta of Waterloo, Iowa
234xrS. Hackett
Rezone horn R-1 to R.I. C -Z
CRF Rentals
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Page 35 of 1,7
City of Waterloo Planning, Programming and Zoning Commission
January 10, 2016
LOBDELL RD
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Property Proposing Rezone
R-2
OAKCREST DR
Citta of Waterloo, Iowa
234 S. Hackett
Rezone horn R-1 to Rrl. C -Z
Rentals
100 50 0 100
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Paae 36 oT 1
City of Waterloo Planning, Programming and Zoning Commission
January 10, 2017
Property Proposing Rezone
Cityy of Waterloo, Iowa
234 S. Hackett•
RCZ011e �Y0111 Rr1 to Rr1. C -Z
CRF Rentals
100 50 0 100
(Feet
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Paae 37 of 1
;Preps By and Return To: Seth Hvberger, City_of Waterloo. 715 Mulberry Street. Waterloo, IA 50703
CONDITIONS OF ZONING
WHEREAS Iowa Code Section 414.5 provides for zoning with conditions provided the conditions are agreed to in
writing by the property owner prior to adjournment of the hearing by the City Council,
AND WHEREAS, the owners of property in the City of Waterloo currently zoned "R-1," Multiple One and Two
Family Residence District and requested to rezone the property to the "R -1,C -Z" Conditional Zoning One and Two
Family Residence District to allow for a day care or professional office, commonly known as 234 S Hackett Road, and
legally described as:
That part of the Northeast Quarter of the Northeast Quarter of Section 20, Township 89 North, Range 13 West of
the Fifth Principal Meridian, Black Hawk County, Iowa, described as follows:
Beginning at the Northeast corner of said Section; thence South along the East line of said Section a distance of
672 feet; thence West on a line parallel with the North line of said Section a distance of 191.74 feet; thence to the
right on a curve of 200 foot radius a distance of 312.4 feet to a point on a line parallel to and 390 feet from the
East line of said Section measured parallel with the north line of said Section; thence North on a line parallel with
the East line of said Section a distance of 473.4 feet to the North line of said Section; thence East along the North
line of said Section a distance of 390 feet to the point of beginning.
Except the North 8 rods of the East 20 rods of the said Northeast Quarter lying West of the public road and except
those parts conveyed to the City of Waterloo, Iowa in 537 LD 752 and 549 LD 192 and Parcel "E" of Plat of Survey
Doc. #2012-12682 being a part of the Northeast Quarter of the Northeast Quarter of Section 20, Township 89
North, Range 13 West of the Fifth Principal Meridian, Black Hawk County, Iowa.
HEREBY agree to the following conditions on the above-described property:
1. That the use of the property will be limited to any uses permitted in the "R-2" One and Two -Family Residence
District, and day care or professional office uses.
NOW THEREFORE, it is agreed by the owners that any proposed change in the use or conditions of the property other
than as detailed in this agreement shall first be submitted to the Planning and Zoning Commission, for its
recommendation to the City Council who will review and approve the proposed change to the above-described
property.
These conditions have been placed on the above-described property for the purpose of complying with the regulations
and policies of the City of Waterloo. As a result of said covenant, I (we) herein declare that the following conditions
shall govern the entire property as described above, which restrictions shall run with the land and be binding on the
successors, heirs and assigns, and herein agree: 1) that these conditions shall not prohibit the division or subdivision
of said property in compliance with the City of Waterloo Zoning Ordinance No. 5079 and the City of Waterloo
Subdivision Ordinance No. 2997, however each subdivided part thereof shall be subject to the terms of these
conditions, 2) that none of these conditions shall be rescinded or altered without the approval of the City Council of
the City of Waterloo as outlined above, and.
Agreed to this 13th day of January, 2017
Page 1 of 2 Conditions of Zoning — 234 S Hackett Road
Page 38 of 177
//
For ChristLutheran Church -
By: 1,.1a4»—
Its: r-- -a"r-
For CRF Rentals
By: t - '- s Lu.ls
Its:.-- +r
aterloo
On this /4 day o 017, before me, the undersigned, a Notary Public in and for the State of
Iowa, personally appeared ittinAlitirAleWeriefrt to me known to be the identical person(s) named herein and
who executed the foregoing instrument and acknowledged that they executed the same as their voluntary act and deed.
SEAL
TED v','�NNiNGER
CCMUPSS;ON NO.149969
M'.' CO;64MISSION EXPIRES
2019
Page 2 of 2
Notary ' . is in and Or'
he State of Iowa
Conditions of Zoning — 234 S Hackett Road
Page 39 of 177
APPLICATION FOR REZONING
CITY OF WATERLOO PLANNING, PROGRAMMING,
AND ZONING COMMISSION
WATERLOO, IOWA
319.291,4366
1. APPLICATION INFORMATION:
a. Applicant's name (please print): CRC' R4,--4,-,Ac
Address:'p.o. &57< Phone: 3M. . d30
City: � 1 State:- ,meq Zip:' -tic,
b. Status of applicant: (a) Owner (b) Other (CHECK ONE): if other explain;
N.-.3%‘‘ rae pw.,..,
c. Property owner's name if different than above (please print):
Address: Phone; Fax:
City: State: Zip:
2. PROPERTY INFORMATION:
a. General location of property to be rezoned:
b. Legal description of property tob`e rezoned:
`?
c. Dimensions of Proposed Zoning Boundary (Excluding Right of Way): C.S9
d. Area of Proposed Zoning Boundary (Excluding Right of Way):
e. Current zoning: '•-' Requested zoning; \ .
f. Reason(s) for rezoning and proposed use(s) of property:
g. Conditions (if any) agreed to: rti,;`�,_��,,� , . 1 - y . .
pr lj c� Y c,.. ]ff". :i . el e is C�
h. Other pertinent information (use reverse side if necessary):
Please Note: If applicant is not the owner of the property, the signature of the owner must be secured. If it is the
intent to subdivide (split) any land, vacant or improved in conjunction with this request it must go through a
platting process (separate from rezone request).
The filing fee of $300 +$10 per acre ($750 max) (payable to the City of Waterloo) is required (round amount down to
nearest $10 increment). This fee is non-refundable. Under no condition shall said sum or any part thereof be refunded
for failure of said amendment to be enacted into law. Any major change in any of the information given will require that
the request go back through the process, with a new filing fee. If the request is denied no new petition covering the same
or portion of the same property shall be filed with or considered by the Planning, Programming, and Zoning Commission
until four (4) months have elapsed from the date of denial by the Waterloo City Council. The undersigned certify under
oath and under the penalties of perjury that all information on this request and submitted along with it is true and correct.
All information submitted will be used by the Waterloo Planning, Programming, and Zoning Commission and the
Waterloo City Council in making their decision, The undersigned authorize City Zoning Officials to enter the
property in question in r s.t the reqs )
Signature ofApplie:
Date
Signatt
e of Scatter
e 0
Date
Page 40 of 177
Area of proposed zoning boundary
Page 41 of 177
Legal
UNPLATTED WATERLOO WEST PART NE NE SEC 20T89 R 13 BEG AT NE COR SAID SEC TH S 672 FT TH W
191.74 FT TH TO RT ON A CURVE OF 200 FT RADIUS 312,4 FT TO PT ON LINE PAR TO & 390 FT FROM E
LINE SAID SEC TH N 473.74 FT TO N LINE SEC TH E 390 FT TO BEG EX N 8 RDS E 20 RDS NE LYING W OF W
LINE OF PUBLIC RD EXC W 40 FT E 390 FT N 30 FT EXC PARCEL E PART NE NE SEC 20 T 89 R 13 DESC AS
COM AT NE COR SAID NE NE TH ALONG E LINE SAID NE NE DUE S 413,15 FTTH N 89 DEG 59 MIN W 30
FT TO W ROW LINE OF HACKETT RD ALSO BEING PT OF BEG TH ALONG SAID W ROW LINE DUES 257,75
FT TO NELY COR LOT 15 WESTBOURNE TERRACE ADDN TH ALONG NLY LINE SAID LOT 15 N 89 DEG 44
MIN W 81.55 FT TO NWLY COR SAID LOT 15TH ALONG NLY LINE LOT 14 SAID WESTBOURNE TERRACE
ADDN N 89 DEG 24 MIN W 80.2 FT TO NWLY COR SAID LOT 14TH NWLY ALONG NLY LINE LOT 13
WESTBOURNE TERRACE ADDN 47.9 FT ALONG CURVE CONCAVE NLY HAVING RADIUS 200 FT CENTRAL
ANGLE 13 DEG 45 1/4 MIN AND LONG CHORD N 83 DEG 22 MIN W 47,8 FT TO NWLY COR SAID LOT 13
TH NWLY ALONG NELY LINE LOT 12 SAID WESTBOURNE TERRACE ADDN 49.85 FT ALONG CURVE
CONCAVE NELY HAVING RADIUS 200 FT CENTRAL ANGLE 14 DEG 17 MIN AND LONG CHORD N 67 DEG 59
MIN W 49.75 FT TO MOST NLY COR SAID LOT 12 TH NWLY ALONG NELY LINE LOT 11 SAID WESTBOURNE
TERRACE ADDN 49,95 FT ALONG CURVE CONCAVE NELY HAVING RADIUS 200 FT CENTRAL ANGLE 14
DEG 18 3/4 MIN AND LONG CHORD N 54 DEG 37 MIN W 49.85 FT TO MOST NLY COR SAID LOT 11TH
NWLY ALONG NELY LINE LOT 10 SAID WESTBOURNE TERRACE ADDN 50,05 FT ALONG CURVE CONCAVE
NELY HAVING RADIUS 200 FT CENTRAL ANGLE OF 14 DEG 20 MIN AND LONG CHORD N 39 DEG 20 MIN
W 49.9 FT TO MOST NLY COR SAID LOT 10TH NWLY ALONG NELY LINES OF LOTS 9 & 8 SAID
WESTBOURNE TERRACE ADDN 99.5 FT ALONG CURVE CONCAVE NELY HAVING RADIUS 200 FT CENTRAL
ANGLE 28 DEG 30 1/2 MIN AND LONG CHORD N 18 DEG 49 1/2 MIN W 98.5 FT TO NELY COR SAID LOT 8
TH NLY ALONG ELY LINE LOT 7 SAID WESTBOURNE TERRACE ADDN 15,05 FT ALONG CURVE CONCAVE
ELY HAVING RADIUS 200 FT CENTRAL ANGLE OF 04 DEG 18 3/4 MIN AND LONG CHORD N 01 DEG W
15.05 FT TH ALONG SAID ELY LINE LOT 7 N 50.15 FT TO SELY COR LOT 6 SAID WESTBOURNE TERRACE
ADDN TH ALONG ELY LINE SAID LOT 6 N 6.6 FTTH S 89 DEG 59 MIN E 359.9 FT TO PT OF BEG
Page 42 of 177
Proposed Rezone
CRF Rentals
"R-1" to "R-1, C-Z"
234 Hackett
Looking north along Hackett with the
building to the left of the photo.
234 Hackett Building
Looking across Hackett from the
building.
Looking south along Hackett
Page 43 of 177
CITY OF WATERLOO
Council Communication
Resolution setting the date of public hearing as February 13, 2017, for a request by Chuck Heene, to rezone
approximately 0.456 acres, from "R-4" Multiple Residence District to "R-4, C -Z", Conditional Multiple
Residence District, for the purpose of allowing a grocery/retail store at 915-919 West 4th Street, and instruct
the City Clerk to publish pertinent notice.
City Council Meeting: 1/23/2017
Prepared: 1/17/2017
REVIEWERS:
Department
Planning & Zoning
Clerk Office
Reviewer
Schroeder, Aric
Even, LeAnn
Action
Approved
Approved
ATTACHMENTS:
Description Type
D 915-919 West 4th St. Documentation Backup Material
SUBJECT:
Submitted by:
Recommended Action:
Date
1/17/2017 - 6:07 PM
1/18/2017 - 12:18 PM
Resolution setting the date of public hearing as February 13, 2017, for a
request by Chuck Heene, to rezone approximately 0.456 acres, from "R-4"
Multiple Residence District to "R-4, C -Z", Conditional Multiple Residence
District, for the purpose of allowing a grocery/retail store at 915-919 West 4th
Street, and instruct the City Clerk to publish pertinent notice.
Submitted By: Noel Anderson, Community Planning and Development
Director
Approval
The applicant is requesting to rezone approximately 0.456 acres from "R-4"
Multiple Residence District to "R -4,C -Z" Conditional Multiple Residence
District for the purpose of allowing a grocery/retail store at 915-919 West 4th
Street.
The area is located in Waterloo's Historic Church Row area and the
surrounding area is comprised of single-family, duplexes, multi -family
housing, churches, and professional office buildings. The homes and
structures in the immediate vicinity are a diverse mix with some structures
dating to the 1910's and some more recently constructed in the 1980's.
The "R-4" Multiple Residence District is intended to provide for areas of the
community which are suitable for low, medium and high density residential
uses and professional offices that are adjacent to residential, professional
office or neighborhood commercial uses. The "R-4" district allows for
professional offices, but it does not allow for grocery/retail stores. However,
allowing the 2100 square foot structure to have conditional zoning for a
Page 44 of 177
Summary Statement:
Expenditure Required:
Source of Funds:
Policy Issue:
Alternative:
Background Information:
Legal Descriptions:
grocery/retail store in the "R-4" Multiple Residence District would be
considered a neighborhood commercial use.
The Future Land Use Map designates this area as Mixed Residential:
Medium to High Density Residential; Professional Offices, Neighborhood
Commercial. The request to rezone from R-4" Multiple Residence District to
"R -4,C -Z" Multiple Residence, Conditional Zoning District for the purpose
of allowing a grocery/retail store at 915-919 West 4th Street is in
conformance with the future land use map and the Comprehensive Plan.
At the regular meeting of the Planning, Programming, and Zoning
Commission on January 10, 2017, the commission voted unanimously to
approve the rezoning request. Many Potter, President of the Church Row
Neighborhood Association did spoke in opposition to the request at the
Commission meeting, expressing concerns that it is not a good location for a
grocery store and that it could turn into something different than currently
requested that would not fit in with the neighborhood.
N/A
N/A
Planning and Zoning
N/A
The area is located in Waterloo's Historic Church Row area and the
surrounding area is comprised of single-family, duplexes, multi -family
housing, churches, and professional office buildings. The homes and
structures in the immediate vicinity are a diverse mix with some structures
dating to the 1910's and some more recently constructed in the 1980's.
Lot Four (4) and those parts of Lots Three (3) and Fourteen (14) in Block
One (1), Johnson's Addition to Waterloo Iowa as follows:
The Southwesterly Fifty -Five (55) feet of the Lot (3) and Fourteen (14)
except the Southwesterly One Hundred feet thereof, and the Twenty (20)
foot alley wide (13) Thirteen and Lot (14) Fourteen vacated by the City.
Page 45 of 177
REQUEST:
APPLICANT:
GENERAL
DESCRIPTION:
IMPACT ON
NEIGHBORHOOD &
SURROUNDING
LAND USE:
VEHICULAR &
PEDESTRIAN
TRAFFIC
CONDITIONS:
RELATIONSHIP TO
RECREATIONAL
TRAIL PLAN AND
COMPLETE STREETS
POLICY:
ZONING HISTORY
FOR SITE AND
IMMEDIATE VICINITY:
DEVELOPMENT
HISTORY:
BUFFERS/
January 10, 2017
Request by Turn Turn on behalf of owner Chuck Heene to rezone
approximately 0.456 acres from "R-4" Multiple Residence District to
"R -4,C -Z" Conditional Multiple Residence District for the purpose of
allowing a grocery/retail store at 915-919 West 4th Street.
Turn Turn, 1501 Euclid Avenue, Des Moines, IA 50313
The applicant is requesting to rezone the property in question for
the purpose of allowing a grocery/retail store at 915-919 West 4th
Street.
The request could have a negative impact on the surrounding
neighborhood. The surrounding area is predominately zoned "R-4"
Multiple Residence District and is predominately developed with
professional office uses and residences. The proposed use would
not appear compatible. However, allowing the grocery/retail store in
the rezone area would be considered a neighborhood commercial
use.
The request would not appear to have a negative impact on
vehicular or pedestrian traffic movements in the area. The area is
primarily served by West 4th Street, which is classified as a Minor
Arterial.
There are no recreational trails located in the immediate vicinity of
the proposed rezone area and there are no conflicts with the
Town's Complete Street's Policy.
The area of the proposed rezone is zoned "R-4, Multiple Residence
District. The area zoned "R-4" has been zoned as such since 1969.
Surrounding land uses and their zoning are as follows:
North — Christian Fellowship Baptist Church, Multi -Family Housing,
and Professional Office Buildings, zoned "R-4" Multiple Residence
District.
South — Professional Office Buildings, Single -Family and Multi -
Family Housing, zoned "R-4" Multiple Residence District and "R-4,
CZ" Conditional Multiple Residence District.
East — Professional Office Buildings and Multi -Family Housing,
zoned "R-4" Multiple Residence District.
West — Professional Office Buildings, Single -Family and Multi -
Family Housing, zoned "R-4" Multiple Residence District.
The area is located in Waterloo's Historic Church Row area and the
surrounding area is comprised of single-family, duplexes, multi-
family housing, churches, and professional office buildings. The
homes and structures in the immediate vicinity are a diverse mix
with some structures dating to the 1910's and some more recently
constructed in the 1980's.
No buffers would be required as a part of this rezoning request with
915-919 West 4th Street — R4 to R4 CZ
PgdtP46f 6f 177
SCREENING
REQUIRED:
DRAINAGE:
FLOODPLAIN:
PUBLIC /OPEN
SPACES/ SCHOOLS:
UTILITIES: WATER,
SANITARY SEWER,
STORM SEWER, ETC:
RELATIONSHIP TO
COMPREHENSIVE
LAND USE PLAN:
STAFF ANALYSIS —
ZONING
ORDINANCE:
STAFF ANALYSIS —
SUBDIVISION
ORDINANCE:
January 10, 2017
a mixture of trees and landscaping in the front and parking to the
rear of the property.
Rezoning of the land would not appear to have a negative impact
upon drainage in the area.
No portion of the property is located within a Special Flood Hazard
Area as indicated by the Federal Insurance Administration's Flood
Insurance Rate Map, Community Number 190025 and Panel
Number 0301F, dated July 18, 2011.
Irving Elementary is located 500 feet south of the proposed rezone
area. However, it is anticipated that the change of zoning would not
have a negative impact on the school.
A 15" sanitary sewer line is located under 4th street and there is 6"
drainage tile located to the rear of the property. The proposed
rezone will not impact existing utilities.
The Future Land Use Map designates this area as Mixed
Residential: Medium to High Density Residential; Professional
Offices, Neighborhood Commercial. The request to rezone from R-
4" Multiple Residence District to "R -4,C -Z" Multiple Residence,
Conditional Zoning District for the purpose of allowing a
grocery/retail store at 915-919 West 4th Street is in conformance
with the future land use map and the Comprehensive Plan.
The "R-4" Multiple Residence District is intended to provide for
areas of the community which are suitable for low, medium and
high density residential uses and professional offices that are
adjacent to residential, professional office or neighborhood
commercial uses. The "R-4" district allows for professional offices,
but it does not allow for grocery/retail stores. However, allowing the
2100 square foot structure to have conditional zoning for a
grocery/retail store in the "R-4" Multiple Residence District would
be considered a neighborhood commercial use. Although one block
to the east along West 5th Street has an established C-2
commercial district which would appear to be a more appropriate
location for the proposed store.
The site also meets the parking requirements for a grocery/retail
store by having 38 spaces when the parking ordinance only
requires there to be one space for every 200 square feet which
equates to 11 parking spaces. It should also be noted that the store
has no plans to sell liquor.
The applicant is not proposing to subdivide the property.
915-919 West 4th Street — R4 to R4 CZ
PDDtP47f 6f 177
January 10, 2017
STAFF Therefore, staff recommends that the request to rezone
RECOMMENDATION: approximately .0456 acres of land from "R-4" Multiple Residence
District to "R-4,CZ" Conditional Multiple Residence District for a
grocery/retail store be approved for the following reasons:
1. The request would not appear to have a negative impact on
the surrounding area and is a compatible neighborhood use.
2. The request would not appear to have a negative impact
upon pedestrian and traffic conditions within the surrounding
area.
915-919 West 4th Street — R4 to R4 CZ
PgdtP48f 6f 177
City of Waterloo Planning, Programming and Zoning Commission
January 10, 2017
M-1
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Note
Base map data source Is Black Hawk County.
Tris map does not represent survey, no Iiabbty
Is assumed for the actuary of the date delineated herein,
ether expressed or implied by Black Hawk County, the
Black Hawk County Assessor, or the, employees.
The City of Waterloo makes no warranty, express or
Implied, as to the accuracy of the immrnaeon shown
on tris map, and expressly disclaims (lability for the
accuracy thereof. Users should refer to official
plats, surveys, recorded deeds, etc. located at the
Black Hawk County Assessors Office for complete
and actuate Infonnaton.
11111111111111111
11111111111111111
CitLj of Waterloo, Iowa
919 W 4th Street �7
Rezone from R-4 to R-4. C -Z
TUM 1 UM
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P.ge 49 of 1,7
City of Waterloo Planning, Programming and Zoning Commission
January 10, 2017
Note
Base map data source Is Black Hawk County.
Tris map does not represent survey, no Iiabbty
Is assumed for the actuary of the date delineattherein,
nulled either expressed or plied by Black Hawk County, the
Black Hawk County Assessor, or the, employees.
The City of Waterloo makes no warranty, express or
Implied, as to the actuary of the intonnabon shown
n tris map, a. expressly declaims Mobility for the
accuracy thereof. Users should refer to official
plats, surveys, recorded deeds, etc. located at the
Black Hawk County Assessors Office for complete
and actuate Infonnaton.
Citti of Waterloo, Iowa
915-91n9 W. 4th
Rezone from Rr4 to R-4. C -Z
Turn 1 u111
Page 50 of 1,7
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APPLICATION FOR REZONING
CITY OF WATERLOO PLANNING, PROGRAMMING,
AND ZONING COMMISSION
WATERLOO, IOWA
319.291.4366
1. APPLICATION INFORMATION:
a. Applicant's name ( lease print): 1 t�.r 1 (A V 1_
Address: I C) f f -,...:C 0 frJ , Ue. Phone: Fax:
City: 9 fog; ir QJ State: T A Zip: C0 I
b. Status of applicant: (a) Owner (b) Other ✓ (CHECK ONE): If other explain:
RCA 4 2
c. Property owner's name if different than above (please print): Chuck 11 e t vi
Address: 3;23c664je., Rai Phone: 3 i9 23 4 3g72_ Fax: —
City: U.)ate$16c- State: . r4 Zip: 5 070"3
2. PROPERTY INFORMATION:
a. General location of property to be rezoned:
?lc( cu 54 -R514 -
b. -
b. Legal description of property to be rezoned:
..Tcs 5(-6.1 Add. go f 3 Etc AIe/f 5'F6 cat -of Li qwr! PaRi-of Ziac t4lieL.50
'.K4 e ern "F tri 13 acrd / Sc Q/5 c La AL GirC 5 L}, 1245 Fl a it r., B rk
c. Dimensions of Proposed Zoning Boundary (Excluding Right of Way):
d. Area of Proposed Zoning Boundary (Excluding Right of Way):
e. Current zoning: R 4 Requested zoning: a►sr4_► oma C Za e" K - kei-a f —GRoc e,,y
f. Reason(s) for rezoning and proposed use(s) of property: Re - C -Y Racerey
g. Conditions (if any) agreed to:
h. Other pertinent information (use reverse side if necessary):
Please Note: If applicant is not the owner of the property, the signature of the owner must be secured. If it is the
intent to subdivide (split) any land, vacant or improved in conjunction with this request it must go through a
platting process (separate from rezone request).
The filing fee of $300 + $10 per acre ($750 max) (payable to the City of Waterloo) is required (round amount down to
nearest $10 increment). This fee is non-refundable. Under no condition shall said sum or any part thereof be refunded
for failure of said amendment to be enacted into law. Any major change in any of the information given will require that
the request go back through the process, with a new filing fee. If the request is denied no new petition covering the same
or portion of the same property shall be filed with or considered by the Planning, Programming, and Zoning Commission
until four (4) months have elapsed from the date of denial by the Waterloo City Council. The undersigned certify under
oath and under the penalties of perjury that all information on this request and submitted along with it is true and correct.
All information submitted will be used by the Waterloo Planning, Programming, and Zoning Commission and the
Waterloo City Council in making their decision. The undersigned authorize City Zoning Officials to enter the
property in question in regards to the request.
(I 30-/6
Signature of Applicant
Date Signature of Owner Date
Page 53 of 177
Rezone
Turn Turn
From "R-4" to "R-4, C -Z"
915-919 W. 4th Street
Looking along the front of 915-919 W.
4th
Parking behind 915-919 W. 4th
The rear of 915-919 W 4th
Neighboring Businesses along West
4th Avenue
Page 54 of 177
CITY OF WATERLOO
Council Communication
Resolution setting a date of public hearing as February 6, 2017 to approve preliminary plans, specifications,
form of contract, etc. and setting date of bid opening as February 2, 2017 for Demolition Services for 820
Newell Street, 915 Newell Street, 71 Franklin Street, 929 Linden Avenue, 426 Cherry Street, 310 Oak Street,
847 Dawson Street, and 414 Thompson Street, and instruct City Clerk to publish notice.
City Council Meeting: 1/23/2017
Prepared: 1/17/2017
REVIEWERS:
Department
Planning & Zoning
Clerk Office
Reviewer
Schroeder, Aric
Even, LeAnn
ATTACHMENTS:
Description
D RFP Demolition
D Bid Specs
D Detailed Property Report
D Contract
SUBJECT:
Submitted by:
Recommended Action:
Summary Statement:
Expenditure Required:
Source of Funds:
Policy Issue:
Action
Approved
Approved
Type
Cover Memo
Cover Memo
Cover Memo
Cover Memo
Date
1/17/2017 - 5:29 PM
1/18/2017 - 12:12 PM
Resolution setting a date of public hearing as February 6, 2017 to approve
preliminary plans, specifications, form of contract, etc. and setting date of
bid opening as February 2, 2017 for Demolition Services for 820 Newell
Street, 915 Newell Street, 71 Franklin Street, 929 Linden Avenue, 426 Cherry
Street, 310 Oak Street, 847 Dawson Street, and 414 Thompson Street, and
instruct City Clerk to publish notice.
Submitted By: Noel Anderson -Community Planning and Development
Director
Approval
These properties where acquired through Iowa Code 657A. They cannot be
reasonably rehabilitated and will be demolished and the lots made available
for sale.
To be determined by bid.
Nuisance Abatement/Owner Insuranc e
Nuisance Abatement
Page 55 of 177
CITY OF WATERLOO, IOWA
Request for Bid
February 2017
DEMOLITION AND SITE CLEARANCE SERVICES
[no regulated asbestos -containing materials (no RACM)]
820 Newell Street, 915 Newell Street, 71 Franklin Street, 929 Linden
Avenue, 426 Cherry Street, 310 Oak Street, 847 Dawson, 414 Thompson
Street.
City of Waterloo, Iowa
Prepared by
City of Waterloo
Planning and Zoning Department
Page 56 of 177
SECTION I
NOTICE OF REQUEST FOR BID
1.0 Receipt and Opening of Bid
The City of Waterloo is seeking sealed bids for the demolition, removal and disposal of 820
Newell Street, 915 Newell Street, 71 Franklin Street, 929 Linden Avenue, 426 Cherry
Street, 310 Oak Street, 847 Dawson, 414 Thompson Street
1.1
All bids must be received in a sealed envelope in City Hall (date and time stamped) by
Thursday February 2, 2017 at 1:00 p.m. (our clock), Central Time, in order to be
considered. City Hall is located at 715 Mulberry St, Waterloo, Iowa. Bids sent electronically
or via facsimile will not be accepted.
The mailing container or envelope shall be plainly marked on the outside with the notation
`SEALED RFP FOR DEMOLITION AND SITE CLEARANCE SERVICES —820 Newell Street,
915 Newell Street, 71 Franklin Street, 929 Linden Avenue, 426 Cherry Street, 310 Oak
Street, 847 Dawson, 414 Thompson Street and the name of the company submitting the bid.
RFP Timeline
Name of the Bid:
Notice of RFP Date:
DEMOLITION AND SITE CLEARANCE SERVICES -820 Newell
Street, 915 Newell Street, 71 Franklin Street, 929 Linden
Avenue, 426 Cherry Street, 310 Oak Street, 847 Dawson, 414
Thompson Street
Monday January 10, 2017
Walk thru Date: No mandatory walk thru; however you may call to see any property at any time
Deadline for Bid Submittal: Thursday February 2, 2017 at 1:00 p.m., Central Time
Submit Sealed Bid to:
Method of Submittal:
Contact Person, Title:
E-mail Address:
Phone/ Fax Numbers:
SEALED RFP FOR DEMOLITION AND SITE CLEARANCE
SERVICES (no RACM) 820 Newell Street, 915 Newell Street,
71 Franklin Street, 929 Linden Avenue, 426 Cherry Street,
310 Oak Street, 847 Dawson, 414 Thompson Street
Address exactly as stated-* -* -*
City Hall
City Clerk's Office
715 Mulberry Street
Waterloo, IA 50703
Mail or Overnight Delivery, In Person (No Electronic or Fax Submittals)
Chris Western, Planner/Project Manager
chris.western@waterloo-ia. orq
Phone: 319-291-4366 Fax: 319-291-4262
RFP FOR DEMOLITION SERVICES (no RACM) 820 Newell Street, 915 Newell Street, 71 Franklin Street, 929 Linden Avenue, 426 Cherry
Street, 310 Oak Street, 847 Dawson, 414 Thompson Street Page 57 of 177
Page 2 of 11
1.2 The City reserves the right to accept or reject any or all bids and to waive any informalities or
irregularities in bids if such waiver does not substantially change the offer or provide a
competitive advantage to any Bidder. The City reserves the right to defer acceptance of any
bid for a period not to exceed sixty (60) calendar days from the date of the deadline for
receiving bids.
1.3 The City is not responsible for delays occasioned by the U.S. Postal Service, the internal mail
delivery system of the City, or any other means of delivery employed by the Bidder. Similarly,
the City is not responsible for, and will not open, any bid responses that are received later than
the date and time stated above. Late bids will be retained in the RFP file, unopened. No
responsibility will be attached to any person for premature opening of a bid not properly
identified.
1.4 Bids will be opened on Thursday February 2, 2017, at 1:00 pm (our clock) Central Time in
City Hall, 715 Mulberry Street, Waterloo. The main purpose of this opening is to reveal the
name(s) of the Bidder(s), not to serve as a forum for determining the awarded bid(s).
1.5 Bids will be evaluated promptly after opening. After an award is made, a bid summary will be
sent to all companies who submitted a bid. Bids may be withdrawn anytime prior to the
scheduled closing time for receipt of bids; no bid may be modified or withdrawn for a period of
sixty (60) calendar days thereafter.
SECTION II
INSTRUCTIONS TO BIDDERS
2.0 The Bid shall include the attached Exhibit "A" signature page, properly completed. A company
representative who is authorized to bind the company will sign on behalf of the company to
indicate to the City that you have read all provisions of the RFP and agree to all terms and
conditions, except as provided in paragraph 2.4 below. By making a Bid, the Bidder
represents that they have examined the subject property. Any questions about the meaning or
intent of the specifications must be submitted by the Deadline for Questions listed above. The
City of Waterloo reserves the right to reject any or all bids, and to accept in whole or in part,
the bid, which, in the judgment of the bid evaluators, is the most responsive and responsible
bid.
2 1 General Liability Insurance with limits of liability of at least $1,000,000 per
occurrence for Bodily Injury and Property Damage. At a minimum, coverage for
Premises, Operations, Products and Completed Operations shall be included. This
coverage shall protect the public or any person from injury or property damages
sustained by reason of the contractor or its employees carrying out their work.
2.1.1 The City reserves the right to require increased liability limits, not to
exceed Fifteen Million Dollars ($15,000,000) from bidders, should the
project represent an elevated hazard level to the City as determined by
the Insurance Committee.
2.1.2 Commercial General Liability Insurance Policy, including but not limited
to, insurance for premises construction operations (when applicable),
contractual liability, completed operations with respect to liability arising
out of the ownership, use, occupancy or maintenance of the premises
and all areas appurtenant thereto, to afford protection with respect to
bodily injury, personal injury, death or property damage of not less than
RFP FOR DEMOLITION SERVICES (no RACM) 820 Newell Street, 915 Newell Street, 71 Franklin Street, 929 Linden Avenue, 426 Cherry
Street, 310 Oak Street, 847 Dawson, 414 Thompson Street Page 58 of 177
Page 3 of 11
One Million Dollars ($1,000,000) per occurrence combined single
limit/Two Million Dollars ($2,000,000) general aggregate.
2.1.3 Comprehensive Automobile Liability Insurance Policy with limits for each
occurrence of not less than One Million Dollars ($1,000,000) Combined
Single Limit with respect to bodily injury, property damage or death.
2.1.4 Workers Compensation Insurance Policy or similar insurance in form and
amounts required by law.
2.1.5 Coverage must be maintained by a financially stable carrier with a
minimum AM Best rating of A- or above. It will be the outside party's
responsibility to provide proof of their carriers rating.
2.1.6 The City of Waterloo, Iowa will be named as an additional insured with
respect to all casualty insurance policies.
2.1.7 Certificate of insurance will be submitted to the City Clerk prior to
commencement of the contract/agreement and shall include a thirty -day
notice of cancellation provision.
2.1.8 If the outside party fails to perform any of its obligations under the City's
Insurance and Policy Requirements, Waterloo reserves the right to either
purchase the required insurance coverage and assess the cost directly
to the outside party, or to declare the outside party's bid invalid.
2.2 Bonds
2.2.1 A guarantee from each Bidder equivalent to five percent (5%) of the price is
required. The guarantee shall consist of a firm commitment, such as a bond, certified
check, or other negotiable instrument acceptable to the City, as assurance that the
Bidder will, upon acceptance of its, execute such contractual documents as may be
required within the time specified.
2.2.2 Successful Bidder will be required to furnish bond in an amount equal to one
hundred percent (100%) of the contract price and shall be issued by a
responsible surety acceptable to the City. The bond shall guarantee the faithful
performance of the contract and the terms and conditions therein contained, shall
guarantee the prompt payment of all materials and labor and protect and save
harmless the City from claims and damages of any kind arising out of the performance
of this contract.
2.3 This Request for Bid does not commit the City to make an award, nor will the City pay any
costs incurred in the preparation and submission of bids, or costs incurred in making
necessary studies for the preparation of bids.
2.4 Important Exceptions to Contract Documents - The Bidder shall clearly state in the submitted
bid any exceptions to, or deviations from, the minimum bid requirements, and any exceptions
to the terms and conditions of this RFP. Such exceptions or deviations will be considered in
evaluating the bids. Any exceptions should be noted on the Signature Page. Companies are
cautioned that exceptions taken to this RFP may cause their bid to be rejected. No additional
exceptions shall be allowed after submittal of a bid.
2.5 Incomplete Information - Failure to complete or provide any of the information requested in this
RFP, including references, and/or additional information as indicated, may result in
disqualification by reason of "non responsiveness".
RFP FOR DEMOLITION SERVICES (no RACM) 820 Newell Street, 915 Newell Street, 71 Franklin Street, 929 Linden Avenue, 426 Cherry
Street, 310 Oak Street, 847 Dawson, 414 Thompson Street Page 59 of 177
Page 4 of 11
SECTION III
SPECIAL TERMS AND CONDITIONS
3.0 Term of Contract
3.0.1 The initial term of the Contract shall be for eight (8) weeks, anticipated to be from the
end of the IDNR 10 Day Notice period starting (February 21, 2017) to (April 14,
2017).
3.0.2 A Contract, approved by the City Council and signed by the Mayor, shall become the
document that authorizes the Contract to begin, assuming the insurance requirements
have been met. Each section contained herein, any addenda and the response (Bid)
from the successful bidder shall also be incorporated by reference into the resulting
Contract.
3.0.3 No price escalation will be allowed during the initial term of the Contract. If it is mutually
decided to renew beyond the initial period and the Contractor requests a price
increase, the Contractor shall provide documentation on the requested increase. The
City reserves the right to accept or reject price increases, to negotiate more favorable
terms, or to terminate (or allow to expire) without cost, the future performance of the
Contract.
3.0.4 The total actual expenses shall not exceed the amount allowed by the project Contract,
including any renewal extensions thereof, unless amended by written agreement.
3.1 Agreement Forms
3.1.1 After award, the Bidder will be required to enter into a written contract with the City.
3.1.2. Termination for Cause. In the event that Contractor defaults in the performance or
observance of any covenant, agreement or obligation set forth in the Contract, and if such
default remains uncured for a period of seven (7) days after notice thereof shall have
been given by City to Contractor (or for a period of fourteen (14) days after such notice if
such default is curable but requires acts to be done or conditions to be remedied which,
by their nature, cannot be done or remedied within such 14 -day period and thereafter
Contractor fails to diligently and continuously prosecute the same to completion within
such 14 -day period), then City may declare that Contractor is in default under the
Contract.
3.1.3 Termination for Convenience. The Contract may be terminated at any time, in whole or
in part, upon the mutual written agreement of the parties. City may also choose to
terminate the Contract at any time by delivering to Contractor 10 -days' advance written
notice of intent to terminate.
3.1.4 Remedies. If Contractor is in default of the Contract and has not cured said default as set
forth in Section 3.1.2 above, the City may take any one or more of the following steps, at
its option:
3.1.4.1 by mandamus or other suit, action or proceeding at law or in equity, require
Contractor to perform its obligations and covenants under the Contract, or enjoin
any acts or things which may be unlawful or in violation of the rights of the City
under the Contract, or obtain damages caused to the City by any such default;
3.1.4.2 have access to and inspect, examine and make copies of all books and records of
Contractor which pertain to the project;
3.1.4.3 declare a default of the Contract, make no further disbursements, and demand
immediate repayment from Contractor of any funds previously disbursed under
the Contract;
3.1.4.4 terminate the Contract by delivering to Contractor a written notice of termination;
and/or
RFP FOR DEMOLITION SERVICES (no RACM) 820 Newell Street, 915 Newell Street, 71 Franklin Street, 929 Linden Avenue, 426 Cherry
Street, 310 Oak Street, 847 Dawson, 414 Thompson Street Page 60 of 177
Page 5 of 11
3.1.4.5 take whatever other action at law or in equity may be necessary or desirable to
enforce the obligations and covenants of Contractor under the Contract, including
but not limited to the recovery of funds.
3.1.4.6 No delay in enforcing the provisions hereof as to any breach or violation shall
impair, damage or waive the right of City to enforce the same or to obtain relief
against or recover for the continuation or repetition of such breach or violation or
any similar breach or violation thereof at any later time or times. In the event that
City prevails against Contractor in a suit or other enforcement action under the
Contract, Contractor agrees to pay the reasonable attorneys' fees and expenses
incurred by City.
3.2 Terms of Payment
3.2.1 Services authorized under this Contract shall be submitted as "lump sum" after
services are delivered and accepted.
3.2.2 City has the right, at its discretion, to deny payment for any work by any Contractor if
the total actual expenses exceed the amount allowed by the project Contract, including
any renewal extensions thereof. The Contractor is not obligated to continue
performance of services under this Agreement or otherwise incur costs in excess of the
total actual expense allowed unless an amendment to the Contract is approved, and
the City notifies the Contractor, in a written amendment, of the City's acceptance of the
revised total actual expense allowed.
3.2.3 All work is to be done in strict compliance with this RFP and Demolition Specifications
attached as Exhibit "B". The City may withhold payment for reasons including, but not
limited to, the following: unsatisfactory job performance or progress, defective work,
disputed work, failure to comply with material provisions of the Contract, third party
claims filed or reasonable evidence that a claim will be filed or other reasonable cause.
SECTION IV
SERVICE REQUIREMENTS
4.0 Background
The City of Waterloo, Iowa, is seeking bids for demolition and site clearance services for:
820 Newell Street, 915 Newell Street, 71 Franklin Street, 929 Linden Avenue, 426
Cherry Street, 310 Oak Street, 847 Dawson, 414 Thompson Street
4.1 Scope of Work
The City of Waterloo is seeking a qualified demolition contractor to demolish the structures and
clear the site. The Bidder understands and agrees that demolition and debris removal in the
most expeditious manner possible is of the utmost importance and it will make every effort to
complete all requirements of the Contract in the shortest time possible.
The services to be performed under this Contract shall consist of the work described in the
separate "Demolition Specifications" document (attached Exhibit "B") and shall be performed
according to the standards set forth therein and herein. Any reference in this RFP to "this
specification" shall include such Demolition Specifications. Bidder shall be responsible to
familiarize itself with the specifications and to make a personal examination of the job site(s)
and the physical conditions that may affect its ding and performance under the contract.
Important note: The structures are currently being abated of asbestos, and upon notice to
proceed the property will be deemed to be clear of, or have been abated for, asbestos
containing materials (ACM) and may be handled as such.
RFP FOR DEMOLITION SERVICES (no RACM) 820 Newell Street, 915 Newell Street, 71 Franklin Street, 929 Linden Avenue, 426 Cherry
Street, 310 Oak Street, 847 Dawson, 414 Thompson Street Page 61 of 177
Page 6 of 11
4.2 Silence of Specifications — Commercially accepted practices shall apply to any detail not
covered in this specification and to any omission of this specification. Any omission or question
of interpretation of the specification that affects the performance or integrity of the service
being offered shall be addressed in writing and submitted with the Bid.
SECTION V
METHOD OF EVALUATION
5.0 Contract Award - Any Contract award(s) made by the City of Waterloo is subject to prior
approval by the City of Waterloo City Council.
5.0.1 Award of Contract shall be made to the most responsible and responsive bid from a
Company whose bid offers the greatest value to the City with regard to the criteria
detailed and the specifications set forth herein. The City may select a Bidder based on
an "all or none" bid, on individual responses, or as is otherwise deemed to be in the
best interest of the City.
5.1 Financial Terms will not be the sole determining factor in the award. To determine the award,
the City will award a contract to the Bidder offering services and experience that best
represents the overall value to the City.
5.2 Bid Evaluation Procedures
5.3.1 Each bid will be evaluated based on experience and the evaluators judgment of how
well the bid addresses the City's requirements. Each prospective company is assured
that any bid submitted will be evaluated using the best available information and
without any forgone conclusions.
5.3.2 Consideration will also be given to solicited written clarification provided during the
evaluation process and input from staff or other persons judged to have useful
expertise that should be considered in a responsible, fair assessment of the relative
merits of each bid.
5.3 A Bidder's submission of a bid constitutes its acceptance of this evaluation technique and its
recognition and acceptance that subjective judgments will be used by the evaluators in the
evaluation.
5.4 Following the evaluation process, the award process is as follows:
5.5.1 The evaluators shall determine which bidder has submitted the best bid using the
criteria set forth above, and make its recommendation to the City Council.
5.5.2 The City Council considers a resolution awarding the Contract and authorizing the
Mayor to execute the Contract on behalf of the City. Note, no Contract shall be
deemed to be created and exist unless and until the City Council adopts a resolution
awarding the Contract and authorizes the Mayor to sign the Contract.
5.5.3 The Mayor executes the Contract.
RFP FOR DEMOLITION SERVICES (no RACM) 820 Newell Street, 915 Newell Street, 71 Franklin Street, 929 Linden Avenue, 426 Cherry
Street, 310 Oak Street, 847 Dawson, 414 Thompson Street Page 62 of 177
Page 7 of 11
EXHIBIT "A"
SIGNATURE PAGE
820 Newell Street, 915 Newell Street, 71 Franklin Street, 929 Linden Avenue, 426
Cherry Street, 310 Oak Street, 847 Dawson, 414 Thompson Street The undersigned
Proposer/Bidder, having examined these documents and having full knowledge of the condition under which the
work described herein must be performed, hereby proposes that they will fulfill the obligations contained herein
in accordance with all instructions, terms, conditions, and specifications set forth; and that they will furnish all
required services and pay all incidental costs in strict conformity with these documents for the stated process as
payment in full.
Our bid, for demolition and site clearance of the site is, not to exceed:
Amount in written form, not to exceed:
Submitting Firm:
Address:
City: State: ____ ____ Zip: __
Authorized Representative (print)
Authorized Representative Signature
Date : Email:
Phone: Fax:
EXCEPTIONS/DEVIATIONS to this Request for Proposal shall be listed in writing on an attached document
provided by the Bidder. Please be as specific as possible. Please check one:
__ Our company has no exceptions/deviations.
__ Our company does have exceptions/deviations which are listed on an attached document.
GENERAL INFORMATION. Freight and/or delivery charges, if any, shall be included in the price.
FIRM PRICING. Offered prices shall remain firm for a minimum of sixty (60) days after the due date of this
solicitation unless indicated otherwise. Accepted prices shall remain firm for the duration of the contract.
ADDENDA (It is the Bidder's responsibility to check for issuance of any addenda). The authorized
representative herby acknowledges receipt of the following addenda:
Addenda Number ___ Date _—__—_ Addenda Number ___ Date _—__—_
Addenda Number ___ Date _—__—_ Addenda Number ___ Date _—__—_
We choose not to bid at this time but would like to be considered for future requests for bid
Page 63 of 177
EXHIBIT "B"
CITY OF WATERLOO
SPECIFICATIONS FOR DEMOLITION AND SITE CLEARANCE OF
820 Newell Street, 915 Newell Street, 3126 Franklin Street, 1107 Commercial Street, 71 Franklin
Street, 929 Linden Avenue, 426 Cherry Street, 310 Oak Street, 847 Dawson, 414 Thompson Street
[No Regulated asbestos containing materials (Non-RACM)]
PART 1 - GENERAL
1.01 CITY REPRESENTATIVES
The City's Representative for this project is: Chris Western, Planner II/Project Manager.
1.02 DESCRIPTION OF WORK
Unless directed otherwise in the Contract Documents or by the Project Manager, the Contractor
shall:
A. Remove and properly dispose of all trees, structures, cement slabs, and driveways, trash,
rubbish, basement walls, floors, foundations, steps, planters, retaining walls, fences,
wells, cisterns, landscape features such as pools and waterers and concrete or asphalt
flatwork such as sidewalks, driveways, and the like from the specified property.
B. Remove any fuel tanks, outdoor toilets and septic tanks, cisterns, meter pits, and plug or
abandon wells. As to cisterns, section 2.14 also applies.
C. Remove the materials from the demolition site in accordance with federal, state and local
regulations.
D. Remove and dispose of appliances and other items that may contain refrigerants in
accordance with 40 CFR, Part 82. Appliances and other items that may contain
refrigerants include, but are not limited to, refrigerators, freezers, dehumidifiers and
portable or central air conditioners.
E. Remove and legally dispose of mercury -containing materials including fluorescent, high-
pressure sodium, mercury vapor, metal halide light bulbs, and thermostats containing a
liquid filled capsule. PCB -containing materials include capacitors, ballasts, and
transformers where the component is contained within a metal jacket and does not have a
specific, legible label stating no PCBs are present.
F. Disconnect all utility services before demolition per Section 2.07.
G. Perform site clearance.
H. Complete the demolition work in accordance with the plans and these technical
specifications.
Page 64 of 177
1.03 PROTECTION OF THE PUBLIC AND PROPERTIES
A. Littering Streets
1. The Contractor shall be responsible for removing any demolition debris or mud from any
street, alley or right-of-way resulting from the execution of the demolition work. Any
cost incurred by the City in cleaning up any litter or mud shall be charged to the
Contractor and be deducted from funds due for the work.
2. Littering of the site shall not be permitted.
3. All waste materials shall be promptly removed from the site.
B. Street Closure
1. If it should become necessary to close any traffic lanes, it shall be the Contractor's
responsibility to acquire the necessary obstruction permits and to place adequate
barricades and warning signs as required by the City.
2. Street or lane closures shall be coordinated with the appropriate City authority.
C. Protection of the Public by the Contractor. A temporary fence shall be erected around all
excavation, dangerous building(s) or structure(s) to prevent access to the public unless the City's
Project Manager determines that the site is sufficiently secure without fencing. Such fence shall
be at least four feet high, consistently restrictive from top to grade, and without horizontal
openings wider than two inches. The fence shall be erected before demolition and shall not be
removed until the hazard is removed.
D. Noise Pollution: All construction equipment used in conjunction with this project shall be in
good repair and adequately muffled. The Contractor shall comply with any noise pollution
requirements of the City.
E. Dust Control: The Contractor shall comply with applicable air pollution control requirements
of the City's Representative. The Contractor shall take appropriate actions to minimize
atmospheric pollution, and toward that objective the City's Representative shall have the
authority to require that reasonable precautions be taken to prevent particulate matter from
becoming airborne. Such reasonable precautions shall include, but not be limited to:
1. The use of water or chemicals for control of dusts in the demolition of existing buildings
or structures, construction operations, the grading of roads, or the clearing of land.
2. Covering, at all times when in motion, open -bodied trucks transporting materials likely to
give rise to airborne dusts.
2
Page 65 of 177
F. Requirements for the Reduction of Fire Hazards
1. Removal of Material: Before demolition of any part of any building, the Contractor shall
remove all volatile or flammable materials, such as gasoline, kerosene, benzene, cleaning
fluids, paints or thinners in containers, and similar substances.
2. Fire Extinguishing Equipment: The Contractor shall be responsible for having and
maintaining the correct type and class of fire extinguisher on site. When a cutting torch
or other equipment that might cause a fire is being used, a fire extinguisher shall be
placed close at hand for instant use.
3. Fires: No fires of any kinds will be permitted in the demolition work area.
4. Hydrants: No material obstructions or debris shall be placed or allowed to accumulate
within fifteen feet of any fire hydrant. All fire hydrants shall be accessible at all times.
5. Debris: Debris shall not be allowed to accumulate on roofs, floors, or in areas outside of
and around any structure being demolished. Excess debris and materials shall be
removed from the site as the work progresses.
G. Protection of Public Utilities: The Contractor shall not damage existing fire hydrants,
streetlights, traffic signals, power poles, telephone poles, fire alarm boxes, wire cables, pole
guys, underground utilities, or other appurtenances in the vicinity of the demolition sites. The
Contractor shall pay to repair or replace any damaged utilities. The Contractor shall pay for
temporary relocation of utilities, which are relocated at the Contractor's request for his
convenience. All below -ground utilities that are abandoned as a result of demolition shall be
terminated at least two (2) feet below the finish grade of the site.
H. Protection of Adjacent Property
1. The Contractor shall not damage or cause to be damaged any public right-of-way,
structures, parking lots, drives, streets, sidewalks, utilities, lawns or any other property
adjacent to parcels released for demolition whether or not the property is scheduled for
future demolition. The Contractor shall pay to repair or replace any such damage. The
Contractor shall provide such sheeting and shoring as required to protect adjacent
property during demolition. Care must also be taken to prevent the spread of dust and
flying particles.
2. The Contractor shall restore existing agricultural drain tiles or roadway sub drains that
are cut or removed, including drainable backfill, to original condition. Repairs shall be
subject to approval by the property owner where applicable, and by the City's
Representative.
1.04 RISK OF LOSS
3
Page 66 of 177
A. The Contractor shall accept the site in its present condition and shall inspect the site for
its character and type of structures to be demolished. The City assumes no responsibility
for the condition of existing buildings, structures, and other property within the
demolition area, or the condition of the property before or after the solicitation for
proposals. No adjustment of proposal price or allowance for any change in conditions
that occur after the acceptance of the lowest responsible, responsive proposal will be
allowed.
B. The Contractor acknowledges and understands that any disposal, removal, transportation
or pick-up of any materials not covered under the scope of work shall be at the sole risk
of the Contractor. The Contractor understands that it will be solely responsible for any
liability, fees, fines, claims, etc. which may arise from its handling of materials not
covered by the scope of the work.
1.05 PROPERTY OWNERSHIP
A. Title: The property address will be included in the Contract Documents. Following execution
of the contract, and upon issuance of Notice to Proceed with respect to a given property, for the
work of demolition and site clearance on all or any part of the demolition area referenced in the
Notice to Proceed, all rights, title, and interest of the City in and to buildings, structures, fixtures
and other personal property to be demolished and/or removed by the Contractor on part or all of
said project area as described in the Contract Documents and contract addenda thereto, shall be
deemed to be vested in the Contractor. All materials are to be removed and disposed of or
salvaged in conformance with these specifications.
B. Land: No property rights, title, or interest of any kind whatsoever, in or to the land or premises
upon which such buildings or structures stand, is created, assigned, conveyed, granted, or
transferred to the Contractor, or any other person or persons, except only the license and right of
entry to remove such buildings and structures in strict accordance with the Contract Documents.
Contractor shall not use the land or premises, or allow any other party to use the land or
premises, for any purpose other than activities in direct support of the demolition.
1.06 VACATING OF BUILDINGS
The structures identified in the Contract Documents shall be vacated before a Notice to Proceed
is issued and the Contractor begins work. In case the Contractor finds that any structure is not
vacated, the Contractor shall immediately notify the City's Representative and shall not begin
demolition or site clearance operations on such property until further directed by the City's
Representative. The Contractor's responsibility for such buildings will not begin until the City's
Representative issues a subsequent Notice to Proceed with Demolition Order. No claim for
extension of time or increase in price will be considered because of occupancy of any buildings.
In case such occupancy is prolonged, the City reserves the right to delete the structure from the
work.
1.07 PERMITS AND FEES
The Contractor shall obtain all the necessary permits and pay all permit fees that are required by
the City or any other governmental authority in conjunction with the demolition work.
4
Page 67 of 177
1.08 MEASUREMENT AND PAYMENT
A. Demolition Work: The Contractor shall be paid the lump sum price for demolition as indicated
in the proposal and as approved by the City, and this payment will be full compensation for
removal of buildings, building materials, contents of buildings, appliances, trash, rubbish,
basements, foundations, and steps from the site; disconnection of utilities; grading of disturbed
areas; placing and removing safety fencing; removal of septic tanks and cisterns; removal or
capping of wells; and other work as necessary to complete the project.
B. Incidental Items: The Contractor shall provide and pay for all materials, labor, tools,
equipment, transportation, temporary construction, charges, levies, fees, permits and other
expenses necessary to complete this work according to the plans and specifications.
PART 2 -EXECUTION
2.01 DEMOLITION SCHEDULE
The Contractor shall complete the Project in an expeditious manner and shall commence work
within ten (10) days after being notified by the City with a Notice to Proceed on the project
(excluding any Limited Notice to Proceed). It is anticipated that the City will issue a Notice to
Proceed immediately for purposes of completing required utility disconnect work. The site shall
be completely fenced and secured when left unattended. If Contractor is prevented from timely
completing the work because of circumstances beyond the Contractor's reasonable control as
determined by the City, the time for completion of the work will be tolled for a period of time
equivalent to the stoppage resulting from such circumstances. The Contractor does hereby
expressly acknowledge and agree that time is of the essence of this Contract, and, thus, failure by
the Contractor to timely render and perform services hereunder shall constitute a material break of
the Contract.
2.02 SALVAGE OF DEMOLITION MATERIALS
The Contractor shall be allowed to salvage materials from any property on this project. No
salvaging shall occur on the property until after the City of Waterloo has issued a Notice to
Proceed for the property. The Contractor shall assume all expense, risk, and liability for
salvaging. It is preferred that the Contractor remove items to be salvaged from the premises to
the Contractor's premises or other private lands for pick up by other individuals or entities. If
the Contractor intends to allow any other individuals or entities to enter the property on this
project to perform salvaging, the Contractor shall only do so after obtaining from the third -party
salvager a certificate of insurance for general liability with limits of liability of at least
$1,000,000 per occurrence for Bodily Injury and Property Damage. For entities with employees,
it shall include Workers Compensation and Employers Liability Insurance meeting the
requirements of the Iowa Workers Compensation Law covering all of the entity's employees
carrying out their work. The Contractor and the City of Waterloo, Iowa, its officers and
employees, shall be named as additional insured on the third -party salvager's general liability
insurance policies and certificates of insurance
5
Page 68 of 177
2.03 DEMOLITION AND REMOVALS
A. Structural Parts of Buildings
1. No wall or part thereof shall be permitted to fall outwardly from any building except
through chutes or by other controlled means or methods, which will ensure safety and
minimize dust, noise and other nuisance.
2. Any part of a building, whether structural, collateral, or accessory, which has become
unstable through removal of other parts, shall be removed as soon as practicable and no
such unstable part shall be left free-standing or inadequately braced against all reasonably
possible causes of collapse at the end of any day's work.
B. Basements and Foundation Walls: Cement slabs and footings or foundations of structures
without basements are to be completely removed. If basements or crawl spaces are present they
must be completely removed and backfilled.
C. Concrete Slabs: The Contractor shall remove all concrete slabs, asphalt, surface obstructions,
masonry slabs and appurtenances, unless otherwise directed.
D. Signs and Landscape Structures: Landscape structures or signs must be removed with the
project. The Contractor shall employ hand labor or other suitable tools and equipment necessary
to complete the work without damage to adjacent public or private property or the items noted
above. Where such Landscape structures or signs are removed, the area shall be graded to match
adjacent natural grade levels or as directed by the City's Representative. The cost of any tree or
brush removal due to the removal and grading out of any landscape structures or signs will be
considered incidental and shall be included in the lump -sum bid for demolition.
E. Fences: Fences, guardrails, and similar facilities shall be completely removed from the site. All
posts for support shall be pulled out or dug up so as to be entirely removed.
F. Partially Buried Objects: All piping, posts, reinforcing bars, anchor bolts, railings and all other
partly buried objects protruding from the ground shall be removed. The remaining void shall be
filled with soil and compacted in accordance with these specifications.
G. Vegetation: The Contractor shall remove all trees, and such other trees, stumps, bushes,
vegetation, brush and weeds, whether standing or fallen.
H. Fuel Tanks: If applicable, Fuel tanks, above or below ground, shall be carefully removed and
disposed of in a safe manner in accordance with the State Fire Marshal's regulations and those of
the Iowa Department of Natural Resources.
1. Fuel tanks, above or below the ground, or tanks which have been used for storage of
gasoline, kerosene, benzene, oils or similar volatile materials shall be carefully removed
and disposed of in a safe manner.
2. All other tanks or receptacles shall be pumped out or emptied in a safe manner, and then
shall be flushed out immediately with water, carbon dioxide or nitrogen gas until they are
6
Page 69 of 177
gas -free when checked with a "Explosimeter" or another equally efficient instrument,
before the work of removal is begun. Checking with the "Explosimeter" shall be done in
the presence of the City's Representative by competent personnel.
2.04 WELL PLUGGING AND ABANDONMENT
If applicable, all drilled wells shall be plugged and abandoned in accordance with Iowa Code §
455B.190 and Iowa Administrative Code title 567, chapter 39. An Iowa Department of Natural
Resources, Abandoned Water Well Plugging Record shall be filed upon completion of the well
abandonment. All sand point wells shall be pulled out of the ground, or if unable to be pulled, shall be
plugged in accordance with Iowa Code.
2.05 DISPOSAL OF DEMOLITION DEBRIS AND SOLID WASTE
A. Acknowledgement: The Contractor acknowledges, represents and warrants to the City that it is
familiar with all laws relating to disposal of the materials as stated herein and is familiar with
and will comply with all applicable guidelines, requirements, laws, regulations, of any federal,
state or local agencies or authorities. The Contractor acknowledges and understands that any
disposal, removal, transportation or pick-up of any materials not covered under the scope of
work or not in compliance with these specifications shall be at the sole risk of the Contractor.
The Contractor understands that it will be solely responsible for any liability, fees, fines, claims,
etc., which may arise from its handling of materials not covered by the scope of work or not in
compliance with these specifications.
B. Debris: All materials, rubbish, and trash shall be removed from the demolition area leaving the
demolition area free of debris. Any cost incurred by the City in cleaning up such materials and
debris left behind shall be deducted from funds due the Contractor under this contract.
C. Tires, Household Hazardous Waste, White Goods and Electronics: Tires, household
hazardous waste (HHW) (which includes propane tanks, paint, pesticides and other materials that
are restricted items for disposal in municipal landfills), white goods (which include household
appliances such as washers, dryers, refrigerators, stoves, dishwashers, heaters, hot water heaters,
etc.) and electronics (e -waste) will be first segregated from the structures and transported to an
appropriate disposal site. The Black Hawk County Landfill will not accept HHW, so an
alternative disposal site must be proposed. These wastes may be segregated in the field and
hauled in concentrated loads. The Contractor shall visit the site to determine the number of tires
that have been abandoned on site. If any additional tires are deposited on site prior to
commencing demolition activity, the Contractor shall immediately notify the City's
Representative of the quantity of additional tires so a change order can be prepared for additional
removal. A change order will only be considered if the Contractor identified the number of
abandoned tires on the site in the bid tabulation.
D. Disposal of Demolition Debris and Solid Waste:
1. All debris and solid waste shall be delivered by the Contractor to the Black Hawk County
Landfill. The Contractor shall be responsible to pay all fees for waste disposal. The
Contractor shall submit to the City's Representative copies of all disposal tickets for
7
Page 70 of 177
entire project. The cost of all disposal fees shall be considered incidental to the
demolition.
2. All loads shall be secured while in transit, and all trucks used for disposal shall have a
solid metal tailgate. Tarps and netting shall be used to prevent loss or dispersal of debris
during transit and to minimize the threat of harm to the general public, private property
and public infrastructure.
E. Reserved
F. Freon Removal and Disposal: The handling of Freon -containing appliances is subject to all
applicable state and federal mandates and regulations. The Contractor shall be responsible for
the identification and removal and disposal of the material in accordance with applicable
regulations. All costs associated with said removal and disposal shall be considered incidental
and shall be included in the lump sum bid for demolition.
G. PCB and Mercury Removal and Disposal: The handling of any fluorescent lighting fixtures
and ballasts containing PCB or mercury is subject to all applicable state and federal mandates
and regulations. The Contractor shall be responsible for the removal and disposal of the material
in accordance with applicable regulations. All costs associated with said removal and disposal
shall be considered incidental and shall be included in the lump sum bid for demolition.
2.06 Final Cleaning Up:
a. Before acceptance of the demolition work, the Contractor shall remove all unused
material and rubbish from the site of the work, remedy any objectionable conditions the
Contractor may have created on private property, and leave the right-of-way in a neat and
presentable condition. The Contractor shall not make agreements that allow salvaged or
unused material to remain on public or private property at or adjacent to the project area.
All ground occupied by the Contractor in connection with the work shall be restored.
Restoration shall include grading and erosion control that meets applicable standards and
regulations.
b. Final cleaning up shall be subject to approval of the City's Representative and in
accordance with applicable regulations. All pieces, parts, scraps, debris, rubbish, wood
or organic materials from demolition activities shall be cleaned up and removed from the
premises on a weekly basis. Final cleanup after a structure is demolished shall include
complete and thorough removal from the premises of all parts or pieces of the building,
its contents and its furnishings, including all debris, organic materials, rubbish, wood,
concrete and masonry rubble. All hazardous open pits and recesses shall be securely
fenced.
8
Page 71 of 177
2.07 UTILITY DISCONNECTIONS
The Contractor shall be responsible for coordinating with private utility companies for disconnection of
services, including, but not limited to, electricity, natural gas, cable television, phone and internet.
A. Sanitary Sewer Service Disconnection: All sanitary sewer services shall be disconnected
before demolition work begins and plugged in conformance with requirements of the City. The
Contractor shall not backfill the area prior to inspection by the Waterloo Building Inspections
Department. Contractor may contact the Waterloo Building Inspections Department for
requirements to comply with this specification.
B. Water Service Disconnection: All water services and stubs for the buildings or properties
within the demolition work shall be disconnected before demolition work begins in conformance
with the requirements of the City. The Contractor shall not backfill the area prior to inspection
by Waterloo Water Works. Contractor may contact the Waterloo Water Works for requirements
to comply with this specification.
C. Backfill and Compaction within City Right -of -Way:
1. Streets: The Contractor shall backfill, compact as specified and patch the surface of all
excavations made in streets. The Contractor shall pay the cost.
2. Public Right -of -Way: All areas within the public right-of-way (including parking and
sidewalk areas) shall be compacted.
3. Basements: Shall be backfilled with clean fill according to SUDAS specs.
2.08 EROSION CONTROL
All sites:
1. Control off-site vehicle track out (stabilized entrance)
2. Controls at downslope perimeter:
a. Prevent sediment from reaching neighboring properties or drainage infrastructure; this
can be done through vegetative buffers, silt fence or wattles depending on setting
b. Protect on-site or adjacent storm water intakes as needed, typically done with filter
sock or inlet bag
c. Stabilize after completion
For any Sites over one acre of disturbance:
1. Meet all requirements stipulated above
2. Develop a storm water pollution prevention plan and submit to city engineer's office for
approval
3. Attain GP2 authorization from the Iowa DNR
4. Comply with all requirements of GP2 and City of Waterloo municipal code of ordinances 8-
4B: Construction Site Erosion and Sediment Control, including completion of weekly site
inspections
5. Contact city engineers office for pre -construction inspection prior to land disturbance
9
Page 72 of 177
6. Contact city engineers office for post -construction inspection prior to permit closure
2.09 SAFETY AND FENCING
A. Safety: The Contractor shall comply with all applicable current federal, state and local safety
and health regulations.
B. Safety Fencing: The Contractor shall furnish and place a safety fence around the site adequate
enough to secure the demolition site, including any resulting debris or excavation, and to prevent
pedestrian access.
C. Demolition Techniques: The Contractor shall employ good demolition techniques, which
includes, but is not limited to:
1. Using demolition techniques that minimize ground disturbance. All trees and shrubs
shall be removed from entire site.
2. Maintaining the practice of keeping personnel at a safe distance from demolition
activities.
3. Loading the materials with techniques to maintain a sufficient distance from personnel to
reduce excessive exposure to airborne material.
4. Tarping loads and otherwise preventing material from becoming airborne during hauling.
5. Manual cleaning of the demolition site to remove all materials from the site.
Contractor shall be responsible for providing protective gear and equipment to its agents and
employees and for ensuring its proper utilization.
2.10 AUTHORIZED WORKERS
Only the Contractor and its employees are allowed to demolish, dismantle, detach or dispose of
any part of the demolition structure or its contents. Other individuals or entities that the
Contractor intends to allow to salvage materials shall only be allowed on the premises after fully
satisfying the insurance requirements specified in Section 2.02 above.
2.11 DAILY CLEAN UP OF RIGHT-OF-WAY AND PRIVATE PROPERTY
At the end of each workday, the Contractor shall clean sidewalks, streets, and private property of
any debris caused by the demolition operation.
2.12 RESERVED
2.13 EQUIPMENT
10
Page 73 of 177
1. The Contractor shall be equipped with the normal tools of the trade and shall furnish all
labor, tools, and other items necessary for and incidental to executing and completing all
required work.
2. All equipment and vehicles utilized by the Contractor shall meet all the requirements of
federal, state and local regulations, including, without limitation, all US DOT, Iowa DOT and
safety regulations, and are subject to approval of the City. All loads must be secured and
tailgates must be used on all loads. Sideboards must be sturdy and may not extend more than
two feet above the metal sides of the truck or trailer. Trucks shall carry a supply of absorbent
to be used to pickup any oil spilled from loading or hauling vehicles.
3. Contractor shall submit copies of the landfill tickets generated during project to the Project
Manager that identifies the disposal site (Black Hawk County Landfill — refer to 2.05 (D)
Disposal of Demolition Debris and Solid Waste) to which the materials were delivered. Such
tickets shall be required to process billing statements by the Contractor.
2.14 ARCHAEOLOGY
In the event that archaeological deposits (soils, artifacts and features, including cisterns, privies
and the like), or other remnants of human activity are uncovered, or if archaeological deposits
are found during demolition, the project will be halted immediately in the vicinity of the
discovery, and the Contractor will take reasonable measures to avoid or minimize harm to finds.
The Contractor will inform the Project Planner who will in turn notify the City. The City will
then inform the State Historical Society of Iowa (SHSI) immediately. Work in the sensitive area
cannot resume until a qualified archaeologist determines the extent of the discovery,
consultations between SHSI are complete, and the City has been notified by SHSI.
2.15 PRICING
This is a lump sum contract; all bids bid components are on a "not to exceed" basis. Change
orders, additions, deletions and any other changes in the scope of work, will take the form of
written amendments mutually agreed to by Contractor and City. In the case of mathematical
errors, transposition of figures and the like, actual bid tabulation totals will take precedence over
summary bid figures.
2.16 PROPERTY DAMAGE
The Contractor shall be responsible for all damages to public and private property. The
Contractor shall be responsible for having at least one person of authority and responsibility at
the job site, and shall keep a report of all damage. If public or private property is damaged by
the Contractor and is not repaired in a timely manner as determined by the City, the City has the
option of having the damage repaired at the Contractor's expense to be reimbursed to the City,
withheld from future payments of the Contractor, or paid from the performance bond.
11
Page 74 of 177
1/11/2017
Black Hawk County Detailed Parcel Report
BLACK HAWK COUNTY REAL ESTATE ASSESSMENT AND TAX INFORMATION
Parcel ID
Deed Holder
Tax Mail to Address
8913-24-203-003
PDF No.
13
TY OF WATERLOO
CITY OF WATERLOO
715 MULBERRY ST
MArea
ap Contract Buyer AT: FINANCE DEPARTMENT
E WATERLOO -C WATERLOO, IA 50703-0000
Pro a Address
820 NEWELL ST
WATERLOO, IA 50703-0000
SALES
7/10/200 75,000 SALE TO/BY EXEMPT ORGANIZATION
(SELLER OR BUYER EXEMPT
ORGANIZATION) - 09/11 / Contract
Year
2016
100% Land Multi -Residential Land
Value 33,900 0
Current Recorded Transfer
Date Drawn
Date Filed Recorded
Document
Type
6/5/2014 •/9/2014
2014 021730
D
BUILDING PERMIT
Date
12/1/2016
9/10/2010
Number
FC
WA 06413
Amount
30,000
Reason
Demo/Rmvl
Siding
5/18/2004
WA 0624
2,400
Misc
ASSESSED VALUES/CREDITS
lass
Taxable Land
Value 33,900
Multi -Residential Land
0
Year
2015
100%
Value
Taxable
Value
Land
Dwelling
0
Multi -Residential Land
33,900
Land
33,900
0
Multi -Residential Land
0
0
Dwelling
0
Building otal
4,440 38,340
Acres
0
Building
4,440
otal
38,340
Year
2014
100%
Value
Taxab
Value
Land
Multi -Residential Land
33,900
e
Land
30,510
0
Multi -Residential Land
Class
C
cres
otal
34,506
Tax District
941311
TAX INFORMATION ASSESSMENT YEAR 2015 PAYABLE 2016/2017
WATER
Gross Value
Cor 0
Nocorp 0
Homestead
Credit
Corp
Nocorp
00 LOGAN UR AMD1
Taxable Value
0
0
TI
Military Exemption
0
Levy Rate
Gross Tax
40.78414 $0.00
®0
$0.00
Net Tax
$0.00
Disabled Veteran
Credit
Property Tax Relief
Credit
Ag Business Property Tax
Credit Credit
$0.00
$0.00
$0.00
$0.00
LEGAL
$0.00
$0.00
ROSE HILL REPLAT LOTS 2,3,4,5,6,7,14,15,16,17, 18,19 AND 20 ALL VAC ALLEY IN BLK 2 LYING BETWEEN LOTS 1
HRU 6 AND LOTS 15 THRID 20
http://www2.co.black-hawk.ia.us/website/bhmap/bhRepDet.asp?apn= 891324203003
Page 75 of 1774
1/11/2017
Black Hawk County Detailed Parcel Report
LAND
Basis
Front
Rear
Side 1
Side 2
Lot
rea
acres
cres x
Rate
" 3560
1
cres x
Rate
8494.2
0.195
Totals:'
52054.2
1.195
COMMERCIAL BUILDINGS AND ADDITIONS
ype 'Description
Clubhouse B1 -2S B BRK/BLK
dditional
Information
Plumbing
Style Brick / Blk - Steel
Base Square Feet 3,294
Basement Square Feet 3,294
GBA Square Feet 7038
Item
oilet Room
Year Built
1977
djustmentl
Extras
Sink -Kitchen
]Item
LBsmt Finish
SIC- deduct
- no u. +er
Descri
Porch
tion
►rea Stories
I
13294 12
Quanti
---- Quantity _
2000 I
3294
13294
Item Count Extended Description
---------- ---------- ---
100 SF, Wood Deck, Low Pricing
IMIE7MW
Commercial
Description
Ftr & Fdtn C'BIk or Tile
Exterior Wall Brick on Block -
[Exterior Wall C'BIk or Tile -
;Exterior Wall Vinyl -_,Frame = _ _ - _ --- _:
Interior Wall Drywall or Equiv _ _
;Interior Wall Panel - Softwood
Windows Incl. w / Base
Fronts/Doors incl. w / Base
IVorticals & ;Basement Excavation, Floor, Li
[Horizontals Roof 4 Ply Compo/Conc. Deck/ S
Ceiling Drywall
Ceiling Suspended Blk-Fiber
Struct. Floor Wd Deck on Wood
!Floor Cover Asphalt Tile
[Partitions Incl. w / Base
gaming Steel-- Avera_ge _ _. _ ..-...- ...... --
HVAC Forced Hot Air
'Size ---__
LF
LF
0:
1
LF
0: LF
0: LF
0: LF_ _
0: LF of Wall
O: LF
1
,3294 SF
,3294 SF
[3294. SF/Story _--]
0: SF/Sto
X3294 SF
Lighting Incl. w f Base
Floor Cover Carpet
3294: SF
3294: P/Unit
13294: SF
0: SF
3294: SF
0: SF
P...- =---
Clubhouse
Desertion
R1 -1S FR
Additional
Information
Style Frame - Wood
Base Square Feet 118
Basement Square Feet 0
GBA S . uare Feet 7038
djustmen
Extras
Item
[Year Built rArea Stories
1977 1118 I1[1
,Quantic
"/C - deduct
Description Item Count Extended Description
2ND FLOOR ADJUSTMENT ,I1 ]jCluantit 118 00 Units=Square Feet Height=0
fAialidt
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G
Page 76 of 1
7J4
1/11/2017 Black Hawk County Detailed Parcel Report
Description
Exterior Wall Vin I - Frame
Interior Wall Drywall or Equiv
ndows Incl. w / Base
iFronts/Doors Incl. w / Base
Verticals & r .00f Incl. w / Base
1-lorizontals1Cerling Drywall
¢e
0: LF of Wall
LF
lStruct. Floor Wd Deck on Wood
!Floor Cover Asphalt Tile
Partitions Incl. w_ ! Base
Framing Wood - Average
HVAC Forced Hot Air
Li.htin
Incl. w / Base
118: SF
1118: SF/Story
118: SF
118: SF
118: P/U nit
1118: SF
118: SF
118: SF
'Type
Clubhouse
Descri •tion
2-1 S
Additional
Information
FR
Style Frame - Wood
Base Square Feet 108
',Basement Square Feet 0
GBA Square Feet 7038
Adjustmen
Extras
tern
UC - deduct
Year Built
1977
Area Stories
1108 1
Quantity
108
Descri •tion 'Item Count lExtended Description
ND FLOOR ADJUSTMENT j1 - Quantity=108.00, Units=Square Feet, Height=0
Verticals &
Horizontals
Description
'Exterior Wall Vinyl - Frame
Interior Wall Drywall or Equiv
Windows Incl, w / Base
IFrontstDoors Incl_ w / Base
Roof Incl. w / Base
'Collin wall
;Strutt. Floor Wd Deck on Wood
Floor Cover Asphalt Tile
Partitions Incl. w / Buse
1Framing Wood - Average
ti VAC Forced Hot Air
!Lighting Incl. w / Base
0: LF
0: LE
LF of Wall
: LF
108: SF
108: SF/Story
108: SF
108: SF
108: P/Unit
I]
108: SF
108: SF
108: SF
D Descri tion 1War Built
Warehouse 3-1S C'BLK
iiMPIIIMItaftegc
Style C.Blk - Wood
Additional Base Square Feet 224
Inforrnation,Basement Square Feet 0
�GBA Square Feet 7038
Adjustmen
`verticals &
Horizontals
Item
Heat - none
1977
Area
Stories
7
Descri , tion
Ftr & Fdtn C'Blk or Tile
Exterior Wall C'Blk or Tile
Interior Wall Unfinished
Windows Incl. w / Base
Fronts/Doors Incl. w! Base
Roof Aph. Shingle/ Wood Dk
Ceiling Incl. wl Base
§truct. Floor 6" R'Concrete��
Framing Woody Average
http://www2.co.black-hawk.i a.uslwebsi telbhm ap/bhRepD et.asp?apn=891324203603
Quantity _
/24
Size
1/1112017
Black Hawk County Detailed Parcel Report
rHVAC No HVAC 224: SF
L19hting Warehouse 24: SF
Entry Status: Estimated
A2-15 FR
[108]
A3 -1S G'BI.IS
[224)
14
54
38
59
24
16
44
4
B1.2S B BRK(BLK 13
[3254] -
A1•IS FR
[110]
Date Website Last Updated: 01/0612017
14 14
13
13
WO SIP NC
[161
10 WO DK
10 [100]
http:llwww2.co.black-hawk.ia. uslwebsitelbhm aplbhRepDet.asp?apn=891324203003
1
Page 78 of 17474
1/11/2017
Black Hawk County Detailed Parcel Report
BLACK HAWK COUNTY REAL ESTATE ASSESSMENT AND TAX INFORMATION
Parcel ID
8913-13-459-019
Deed Holder
CITY OF WATERLOO
PDF No.
7
Ma + Area
EWTLO-13
Contract Bu er
Tax Mail to Address
CITY OF WATERLOO
715 MULBERRY ST
ATTN: FINANCE DEPARTMENT
ATERLOO, IA 50703-0000
Property Address
Current Recorded Transfer
915 NEWELL ST
WATERLOO, IA 50703-2719
Date Drawn Date Filed Recorded Document
1 /8/2016 1/12/2016 2016 012306
Type
D
SALES
None
BUILDING PERMIT
Date
Number
Amount Reason
12/1/2016
5/13/2002
5/10/2002
11/19/2001
FC
WA HA 023
WA 0009
WA 3127
0
1,600
16,937
800
Demo/Rmvl
Misc
Rehab
Roof
Year
2016
ASSESSED VALUES/CREDITS
Class
100% Land
Value 6,010
`taxable Land
Value 6,010
Year
2015
100%
Value
Taxable
Value
Multi -Residential Land
0
Dwelling Building
21,010
�,,..:.. m..,
Dwellin
,010
0
otal
27,020
cres
Multi -Residential Land
Year
2014
100%
Value
Taxable
Value
Multi -Residential Land
Land Multi -Residential Land
otal • cres
otal
5,030
Building Notal Acres
7,020 0
3,350
Multi -Residential Land
0
0
Total
15,060
TAX INFORMATION ASSESSMENT YEAR 2015 PAYABLE 2016/2017
ax District '• 41311 - WATERLOO LOGAN UR AMD/ TIF
Military Exemption
Levy Rate
Gross Tax
Cor
Homestead
Credit
15,030
Disabled Veteran
Credit
Nocorp
Property Tax Relief
Credit
$0.00
.0.00
0.78414
$612.99
$0.00
Net Tax
$612.00
Business Property Tax
Credit
0.00
LEGAL
ARNEKAS ADDITION LOT 11 BLK 1 ALSO LOT 10 BLK D LOT 12 B
http://www2.co.black-hawk.i a.us/website/bhmap/bhRepDet.asp?apn=891313459019
Page 79 of 171713
1/11/2017
Black Hawk County Detailed Parcel Report
LAND
Basis Front
Rear
style
Side 1
Side 2
Lot
rea
Cres
otal Rooms Above
Front Foot 1187
87
128
128
0
11136
0.256
Totals:j11136
Foundation
CBlk
Exterior Walls
0.256
1
DWELL PIV(9-r- 'TFRIST1CR
IType
style
Sin•le-Famill Owner Occu•ied111 Sto Fre
ear Built ' rea
He,'
1902 .80
Yes,
otal Rooms Above
otal Rooms Below
5
6
Basement
Basement
Full
0
Foundation
CBlk
Exterior Walls
'Vinyl
Roof
it,sph I Gable
Non -Base
Heating
1pIumbingj1
Floor/Wall
Pipeless
;0I
Bath
Poi
-Full
[Entry Status: Inspected
ch
;Style
Ads By MyGameAgent
jArea
{
1S Frame Enclosed 1160
11S Frame Enclosed J24
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Page 80 of 17273
1/11/2017 Black Hawk County Detailed Parcel Report
34
20
188 FR (MA
[660)
20
1$ FR EP
1160)
Date Website Last updated: 0 /06/2017
)
http:I/www2.co.black-hawk.ia.uslwebsitelbhm ap/bhRepDet.asp?apn=891313459019
Ads By MyGameAgent
Page 81 of 173
1/11/2017
Black Hawk County Detailed Parcel Report
BLACK HAWK COUNTY REAL ESTATE ASSESSMENT AND TAX INFORMATION
Parcel ID
Deed Holder
`Tax Mail to Address
8913-25-307-003
PDF No. Map Area
CITY OF WATERLOO
Contract Buyer
4
CWTLO-10
CITY OF WATERLOO
715 MULBERRY ST
ATTN: FINANCE DEPARTMENT
WATERLOO, IA 50703-0000
Proa Address
1120 WASHINGTON ST
WATERLOO, IA 50702-0000
Current Recorded Transfer
Date Drawn Date Filed Recorded Document Type
1/23/2015 1/23/2015 2015 011877 D
SALES
Date
Amount
91221200816, 000
9/7/2007 68,284
6/16/2004 68,500
7/291200310,000
NUTC 1 Type
SALE BY LENDING INSTITUTION OF
PROPERTY ACQUIRED AS RESULT OF
. - PRIOR 091 Deed
SHERIFF OR TAX SALE - PRIOR 09 /
Deed
NORMAL ARMS -LENGTH
TRANSACTION - PRIOR 09/ Deed
NORMAL ARMS -LENGTH
TRANSACTION - PRIOR 09/ Deed
BUILDING PERMIT
Date
12/1/2016
12/31/2008
12/31/2008
Number
FC
WA 11356
WA 11346
Amount
0
2,955
2,955
eason
Demo/Rmvi
Furnace
Furnace
Furnace
ASSESSED VALUES/CREDITS
Year
2016
100%
Value
Taxable
Value
Year
015
100%
Value
Class
E
Multi -Residential Land
13,500 0
Land
Land
ENIEIMMgft
;Dwelling
49,820
Building
0
otal Cres
3,320 0
Multi -Residential Land
0
Dwellin
9,820
Buildin
ota
63,320
13,500
5,990
Taxable Land :Multi -Residential Land
Value
13,500 0
Dwellin
100%
Value
Multi -Residential Land
13,500
Taxable x. Land
Value
0
Multi -Residential Land
5,990
9,490 0
cres
Buildin • otal
59,490
Dwellin. Buildin
5,990 0
Dwelling
5,632
Total
TAX INFORMATION ASSESSMENT YEAR 2015 PAYABLE 2016/2017
40001 - WATERLOO
Gross Value axable Value Military Exemption
0
0
Levy Rate
ross Tax Net Tax
0.00
Homestead Disabled Veteran Property Tax Relief
CreditCredit Credit
0.00
0.00
g
Credit
http:/lwww2,co.black-hawk.i a.us/website/bhmap/bhRepDet.asp?apn=891325307003
Business Property Tax
Credit
$0.00
Page 82 of 17173
1/11/2017
Nt
fin.o, w-.� ---- ---
Black Hawk County Detailed Parcel Report
I O.o0
I- U
LEGAL
HALLOCKS PLAT OF OUTLOTS LOT 5
{Basis Front
!Front Foot 60
otals:
Rear
60
Side 1
140
DWELL
Type ..
wo-Family Conversion
1891 -.. - - - - _ —
1122
Stie
2 Story Fran
ear Built AreaHez
e
otal Rooms Above otal Rooms Below
12
Basement
Full
Foundation
Cons
Exterior Walls
{{Basement II,
f0
Vinyl
Roof
LAN[.
Ads By MyGameAgent
I
sph I Gable
Non -Base
Heating
Plumbing
;Floor/Wall Ii,Pi peless
2 Full Bath
1 Sink
Porch
Handfired Space Heaters
{Style _ JArea
LS Frame Open 35
11 S Frame Enclosed 154
{
Entry Status: Inspected
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Page 83 of 173
1/11/2017
Black Hawk County Detailed Parcel Report
Date Website Last Updated: 01/06/2017
P
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Ads By MyGameAgent
Page 84 of 173
1/11/2017
Black Hawk County Detailed Parcel Report
BLACK HAWK COUNTY REAL ESTATE ASSESSMENT AND TAX INFORMATION
Parcel ID
8913-23-429-022
PDF No, Map Area
Deed Holder
CITY OF WATERLOO
Contract Buyer
ax Mail to Address
CITY OF WATERLOO
715 MULBERRY ST
TTN: FINANCE DEPARTMENT
ATERLOO, IA 50703-0000
6 NWTLO-01
Property Address
71 FRANKLIN ST
WATERLOO, IA 50703-3709
Current Recorded Transfer
Date Drawn Date Filed Recorded Document Type
2/9/2016 /9/2016 2016 013808
D
SALES
BUILDING PERMIT
None
Date
Number
mount
Reason
12/1/2016
FC
0
DemolRmvl
ASSESSED VALUES/CREDITS
Year
2016
100%
Value
Class
Value
ear
015
Multi -Residential Land
4,740 0
Class
R
100% Land Multi -Residential Land
alue 4,740 0
axable
alue
52,340
Dwelling
52,340
Dwelling
52,340
otal cres
57,080 10
Building Total
0
Building
0
57,080
cres
57,080
0
and Multi -Residential Land
2,637 0
Dwellin
29,115
Buildin
0
otal
31,752
100%
alue
Credits
axable
alue
Land
,740
Multi -Residential Land
Military
Exemption
Homestead
Credit
Disabled Veteran Property Tax Relief gricultural
Credit Credit Credit
cres
0
Family Farm
Credit
Land
,642
Multi -Residential Land
0
Dwelling
29,171
Building
0
Total
31,813
TAX INFORMATION ASSESSMENT YEAR 2015 PAYABLE 2016/2017
ax District
41311 - WATERLOO LOGAN UR AMD1 TIE
Corp
Nocor
Corp
Nocorp
ross Value
57,080
axable Value
31,752
0
Homestead
Credit
$0.00
Military Exemption
Disabled Veteran
Credit
Property Tax Relief
Credit
$0.00
Levy Rate
0
g
Credit
$0.00
Gross Tax
Net Tax
$1,294.00
Business Property Tax
Credit
0.00
LEGAL
■
UD TOR RAINBOWS REPLAT LOT 18
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Page 85 of 173
1/11/2017
Black Hawk County Detailed Parcel Report
LAND
Basis Front
Rear
Side 1
Side 2
' rea
9300
Acres
Front Foot .2
2
150
1 150
_ 0
t
0.214ot
otals: 1—
9300
0.214
DWE LL NG_CHARACIERISIICS__
IType
Sin le-Famil / Owner Occu
—1Style
.ied '1 Sto Bric
YearBuiltrea
1921 g181
Total Rooms Above otal Rooms Below
Basement
Basement
Full
0
Foundation
_ Blk
E)riferlorwm. Walls
[B rk
Roof
Non -Base [Floor/Wall jpipeless
Heating b
rPlumbing 1 Full Bath
1 Toilet Room
ehTyp .. _
Fireplac Story Masonry 11
Porch
Ads By MyGameAgent
Sle [Area
1S Brick Open V1.0
1S Frame open j30
GARAGES
BASEMENT
STALLS
'Year Built [Style
1921 lAtt Brick
Len
0 1320 0 11Frame
th rea Basement lOtrs Over
None
rEntry,Status: Estimated
http://www2.co.black-hawkla.us/websitethmapthRepDet.asp?apn=891323429022
Page 86 of 17273
1/11/2017 Black Hawk County Detailed Parcel Report
IS FR OP
[30]
16
40
8
5
16 BRK OP
[40]
Date Website Last Uydated: 01/06/2017
20
28
FR QUAR
[320]
IS BRK GAR
[320]
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Page 87 of 17373
1/11/2017
Black Hawk County Detailed Parcel Report
BLACK HAWK COUNTY REAL ESTATE ASSESSMENT AND TAX INFORMATION
Parce
ID
8913-23-430-018
PDF No.
6
Map Area
NWTLO-01
Deed Holder
CITY OF WATERLOO
Contract Buyer
Tax Mail to Address
CITY OF WATERLOO
715 MULBERRY ST
ATTN: FINANCE DEPARTMENT
WATERLOO, IA 50703-0000
Property Address
310 OAK AV
WATERLOO, IA 50703-4122
SALES
Date -
Amount
4/13/2006 59,000
4/25/2002 836,572
11/30/2001 836,572
3/28/1996
NUTC / Type
NORMAL ARMS -LENGTH
TRANSACTION - PRIOR 09/ Contract
CONTRACT FORFEITURE - PRIOR 09
Deed.,:.:,
RESIDENTIAL SALE OF TWO OR
MORE PARCELS -SINGLE
CONSIDERATION - PRIOR 09 /
Contract
3,500 NORMAL ARMS -LENGTH
TRANSACTION - PRIOR 09/ Contract
Year
2016
100%
Value
Taxable
Value
Land
1,490
Land
Current Recorded Transfer
Date Drawn
3/12/2015
Date Filed
3/16/2015
Recorded Document
2015 014449
ype
D
BUILDING PERMIT
ilDate
12/1/2016 FC 0
Demo/Rmvl
ASSESSED VALUES/CREDITS
Class
Multi -Residential Land
0
Multi -Residential Land
Dwelling Building
18,660
Year
2015
100% Land
Value 1,490
Taxable Land
Value 1,490
Year
2014
Class
E
Multi -Residential Land
0
Dwell i n
17,170
Buildin
0
cres
otal
18,660
Class
100% Land
Value 1,490
Taxable Land
Value 830
Multi -Residential Land
Multi -Residential Land
cres
otal
TAX INFORMATION ASSESSMENT YEAR 2015 PAYABLE 2016/2017
Tax District 941311 - WATERLOO LOGAN UR AMD1 T
Gross Value axable Value
Corp 0
Nocorp 0
Homestead
Credit
Military Exemption
Levy Rate
40.78414
Property Tax Relief
Credit
httpl1www2.co.black-hawk.ia. us/website/bhmap/bhRepD et.asp?apn=891323430018
Gross Tax Net Tax
$0.00 $0.00
$0.00
Business Property Tax
Credit
Page 88 of 1
173
1/11/2017
Cor
Nocorp
$0.00
$0.00
Black Hawk County Detailed Parcel Report
'$0.00
j$o.00
$0.00 $0.00x
LEGAL
P -
JAMES VIRDENS ADDITION NE 30 FT LOT 7 BLK 6 EXC SE 87 FT
Basis Front Rear Side 1
Front Foot 30�
Totals:
30 li63
Type
DWELLStyle
2 Story Fray.
ear Built Conversion � �
rea
1907:
Total Rooms Above Dotal Rooms Below
--- h0
He
Basement
Full
Foundation
Stn
Exterior Walls
Asb
Roof
9Basement F
Asph I Hip
Non -Base Floor/Wall
Heating
Ads By MyGameA gent --
liPipeless Handfired Space Heaters
-11
�Ifear Built Style Area I�asement (SFS IINo Basement (S Heat 11C l tt1c I
Addtions • -,- ,
1907 ,_.._.. 111 Story Frame 122 1[0 0 Nes Nop_
Plumbingr Full Bath i1Style
�Li Sink
Conc
Decd -
.1114rea
Concrete Patio -High 11118
Entr r Status: Estimated
http://www2.co.black-hawk.i a.us/webs ite/bhmap/bhRepDet•asp?apn= 891323430018
Page 89 of 17273
1(1112017
Black Hawk County Detailed Parcel Report
CONC PATIO
D181
Date Website Last U, dated: 01/06/2017
r
http:/Iwww2.ca.black-hawk la.us(websitelbhmap/bhRepDet.asp?apn=891323430018
7
Ads By MyGa►neAgent
Page 90 of 17373
1/11/2017
Black Hawk County Detailed Parcel Report
BLACK HAWK COUNTY REAL ESTATE ASSESSMENT AND TAX INFORMATION
Parcel ID
8913-23-431-012
PDF No.
6
Pro
Map Area
NWTLO-01
Address
Deed Holder
CITY OF WATERLOO
Contract Buyer
414 THOMPSON AV
WATERLOO, IA 50703-0000
Tax Mail to Address
CITY OF WATERLOO
715 MULBERRY ST
ATTN: FINANCE DEPARTMENT
WATERLOO, IA 50703-0000
Current Recorded Transfer
Date Drawn
1/29/2015
Date Filed Recorded Document
1/29/2015 2015 012173
Type
D
SALES
Date
8/7/2012 984 FORECLOSURES, FORFEITURES,
SHERIFFS AND TAX SALES, OR
TRANSFERS ... - 12 / Deed
NO CONSIDERATION - 09111 / Deed
SALE BY LENDING INSTITUTION OF
PROPERTY ACQUIRED AS RESULT OF
- PRIOR 091 Deed
2/1/2007 ''A 1,000 'SALE BY LENDING INSTITUTION OF
PROPERTY ACQUIRED AS RESULT OF
... - PRIOR 091 Deed
moun
NUTC 1 T pe
BUILDING PERMIT
Date
Number
1151200: 0
4/8/2008
12/1/2016
6/10/2005
FC
Amount
:.....................................
0
Reason
................................................
Demo/Rmvl
WA 0952
620
Roof
10/4/2001
WA 2680 700
Roof
ASSESSED VALUES/CREDITS
Year
2016
Class
100%
Value
Taxable
Value
Land Multi -Residential Land
2,250
6,230
,480
Land Multi -Residential Land
2,250
Dwelling
230
Building
0
cres
Total
8,480
Multi -Residential Land
axable
aloe
Year
2014
Multi -Residential Land
Taxable
Value
Land Multi -Residential Land
TAX
NFORMATION ASSESSMENT YEAR 2015 PAYABLE 2016/2017
Tax District941311 - WATERLOO LOGAN URAMDI TIF
Gross Value
Corp
Nocorp
0
0
Homestead
Credit
0
0
Disabled Veteran
Credit
axable Value
Military Exemption
Property Tax Relief
Credit
http:llwww2.co.black-hawk.ia. uslwebsitelbhm aplbhRepDet.asp?apn= 891323431012
Gross Tax
$0.00
$0.00
Net Tax
$0.00
Business Property Tax
Credit
Page 91 of 1
173
1/11/2017
Cor
...........
Nocorp
$0.00
$0.00
Black Hawk County Detailed Parcel Report
$0.00
$0.00
LEGAL
$0.00 I$0.00
JAMES VIRDENS ADDITION NE 30 FT LOT 6 BLK 4
Front
Front Foot
wo-Family Conversion
1913
otal Rooms Above
7
DWELL
2 Story Fra
Basement
Foundation
Exterior Walls
d La
Roof
sph / Hi
Ads By MyGameAgent
Non -Base
Heating
Floor/Wall
Handfired
ddtions
Plumbing
ear Built
1913
Full Bath
1 Sink
10 asement
1 Sto Frame
Porch
Ent Status: Ins +ected
S .le
1S Frame O. en
S le
Wood Deck -Med
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Page 92 of 17213
1/11/2017
Black Hawk County Detailed Parcel Report
8
1SBFIR
14 [186]
14
1S I -H UY
10 [60]
24
2S B A FIR (MAIN)
[676]
24
Ads By MyGameAgent
Date Website Last Updated: 01/06/2017
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Page 93 of 17373
Gross Tax
1/11/2017
Black Hawk County Detailed Parcel Report
BLACK HAWK COUNTY REAL ESTATE ASSESSMENT AND TAX INFORMATION
Parcel ID
Deed Holder
ax Mail to Address
8913-14-358-004
PDF No.
6
CITY OF WATERLOO
Map Area !Contract Buyer
NWTLO-03
CITY OF WATERLOO
715 MULBERRY ST
ATTN: FINANCE DEPARTMENT
WATERLOO, IA 50703-0000
Pro a Address
847 DAWSON ST
WATERLOO, IA 50703-0000
SALES
Date
NUTC / T
Pe
2/19/198 9,500 NORMAL ARMS -LENGTH
RANSACTION - PRIOR 09 I Contract
Current Recorded Transfer
Date Drawn Date Filed Recorded Document
1/10/2013 1/11/2013 2013 014535
BUILDING PERMIT
Date
12/1/2016
Number
FC
mount Reason
2/22/2007
WA HA 0032
0
150
Demo/Rmvl
Misc
2/22/2007 WA HA 0059 1,997 Furnace
4/14/2004 WA HA 0383 1,729 Misc
Year
2016
100%
Value
Taxable
Value
ASSESSED VALUES/CREDITS
Multi -Residential Land
Land Multi -Residential Land
8,580 0
35,580
Building
2015
100%
Land
axable
alue
Multi -Residential Land
0
Land
8,580
Dwelling
23,400
Multi -Residential Land
0
0
Dwelling
23,400
0
0
Year
014
Class
E
100%
Value
Taxable
Value
Land Multi -Residential Land
Dwelling Building
Total Acres
23,400
31,980
0
Land
Multi -Residential Land
Dwelling
Building
Total
8,580
23,400
0
TAX INFORMATION ASSESSMENT YEAR 2015 PAYABLE 2016/2017
31,980
Tax District 940001 - WATERLOO
Gross Value axable Value
Corp
Nocor
0 0
0
Military Exemption
0
Cor
Homestead Disabled Veteran
Credit Credit
$0.00 0.00
Nocorp
FIRST ADD TO GRAND VIEW PLACE LOT 4 BLK 10
Property Tax Relief
Credit
0.00
Levy Rate
40.78414
0
0.00
LEGAL
http://www2.co.black-hawk.i a.us/websi te/bhm ap/bhRepDet.asp?apn=891314358004
0.00
Net Tax
$0.00
0.00
g Business Property Tax
Credit Credit
$0.00 $0.00
Page 94 of 177/3
1/11/2017
Black Hawk County Detailed Parcel Report
LAND
Basis
Front
Rear
Side 1
Side 2
130
Lot
___ _____ [0__r__ _
lArea
6500
1 cres
Front Foot
50
----
150
____ .....
130
0.149
Totals:
11
6_500.
0.14
DWELLING cl-IA.RACIERISIICS____
Type
Style
Single -Family I Owner Occulied
ear Built • rea
Sto Fra
1919•60
e
Total Rooms Above Wm Rooms Below
5
Basement
Full
[Foundation
rC Blk
Basement
Exterior Walls
Wd Lap
Roof
ircitsbn /Gable
Non -Base
Heating
Plumbing
=ivilakfa IPipeless
1 Full Bath
Ads By MyCiameAgent
S le Area
Porch 1S Frame Open 144
— —
LIS Frame Enclosed 70
*111111'
GARAGES
BASEMENT
STALLS
frear Built IlStyle Width tength--realiasement Qtrs Over rea- fAC None
16 None 1.1.1
0925 OctlFrame i2 18
ntry Status: Inspected
iittp://www2.co.black-hawkia.us/website/bhmap/bhRepDelasp?apn=891314358004
Page 95 of 17213
1/11/2017 Black Hawk County Detailed Parcel Report
7
10
IS FR EP
[70]
Date Website Last Updated: 01/06/2017
http'l/www2.co.black-hawk.i a.uslwebsitelbhm aplbhRepD et.asp?apn=891314358004
Ads By MyGamcAgcnt
Page 96 of 17373
DEMOLITION CONTRACT FOR DEMOLITION AND SITE CLEARANCE SERVICES
[No -Regulated Asbestos Containing Materials (RACM)]
820 Newell Street, 915 Newell Street, 71 Franklin Street, 929 Linden Avenue, 426 Cherry
Street, 310 Oak Street, 847 Dawson, 414 Thompson Street.
This Contract for Demolition and Site Clearance Services (No-RACM) (the "Contract") is
entered into as of , by and between the City of Waterloo, Iowa
("City") and
. ("Contractor").
In consideration of the mutual promises exchanged herein, the parties agree as follows:
1. Services. For a period of 14 days after the date of this Contract, subject to
extension upon the mutual written agreement of the parties, the Contractor agrees to furnish all
supervision, technical personnel, labor, materials, tools, machinery, services, and perform and
substantially complete all work within the time period stated in the specifications after receipt of
Notice to Proceed with respect to a given property or set of properties. Work to be performed
includes all work described in the Contract Documents (defined below).
Contractor shall provide the above services at the cost set forth in Contractor's RFP response.
Contractor will be paid a lump sum for which services are performed and accepted. Contractor's
request for payment for services authorized under this Contract shall be submitted at the
completion of project and will be paid within thirty (30) days after receipt of an original invoice
and after such services are delivered and accepted. Contractor will be paid for all items
satisfactorily completed. Such payment will be full compensation for all work performed, for all
permits, licenses, inspections, for complying with all laws, rules, regulations and ordinances,
including safety, and for furnishing all materials, equipment and labor to complete the work, in
accordance with the specifications.
2. Contract Documents. The following documents (collectively, the "Contract
Documents") are hereby incorporated by reference as though set forth herein in full:
a. Request for Proposal
b. Response (Proposal)
d. Specifications for Demolition and Site Clearance
e. Signature Page
f. Building Demolition Insurance Requirements
In the event of conflict between the provisions of the Contract Documents and this Contract, the
provisions of this Contract shall prevail.
Page 97 of 177
2.1 Contract Limits. Total actual expenses allowed by the project Contract, including
any renewal extensions of the Contract, shall not exceed $ as submitted in the
contractors RFP response.
3. Approval; Timing of Work. Contractor shall not begin work on any demolition
until after the contract has been approved by the city council and the Contractor has been issued
a Notice to Proceed. The work shall commence within ten (10) days after the City has issued a
Notice to Proceed
4. Performance Bond. Contractor will be required to furnish bond in an amount
equal to one hundred percent (100%) of the contract price and shall be issued by a responsible
surety acceptable to the City. The bond shall guarantee the faithful performance of the contract
and the terms and conditions therein contained, shall guarantee the prompt payment of all
materials and labor and protect and save harmless the City from claims and damages of any kind
arising out of the performance of this contract.
5. Indemnity. City agrees to indemnify Contractor from and against any and all claims,
demands, causes of action, damages, costs and liabilities of any type or nature, including
reasonable attorney's fees, arising from or in connection with damage to the Adjacent
Building that results from an uncontrolled collapse of the Structure during Contractor's
demolition activities.
6. Notwithstanding the foregoing, Contractor agrees to use all reasonable methods in the
circumstances to mitigate the risk of an uncontrolled collapse of the Structure that would
cause damage to the Adjacent Building and to undertake all activities of demolition with
due care. Except to the limited extent modified by this addendum, all terms and
conditions of the Demo Contract shall remain unmodified and in full force and effect.
6.1 Property Damage. Contractor shall be responsible for all damage to public or
private property. Contractor shall have one responsible person at the job site at all times
when demolition activities are undertaken. Contractor shall keep a report of all damage.
If public or private property is damaged by Contractor and is not repaired in a timely
manner as determined by City, City has the option of having the damage repaired at the
Contractor's expense, to be reimbursed to the City or withheld from future payments to
Contractor hereunder.
6. Default; Termination for Cause. In the event that Contractor defaults in the
performance or observance of any covenant, agreement or obligation set forth in this Contract, and
if such default remains uncured for a period of seven (7) days after notice thereof shall have been
given by City to Contractor (or for a period of fourteen (14) days after such notice if such default is
curable but requires acts to be done or conditions to be remedied which, by their nature, cannot be
done or remedied within such 14 -day period and thereafter Contractor fails to diligently and
continuously prosecute the same to completion within such 14 -day period), then City may declare
that Contractor is in default hereunder and may take any one or more of the following steps, at its
option:
2
Page 98 of 177
a. by mandamus or other suit, action or proceeding at law or in equity, require
Contractor to perform its obligations and covenants hereunder, or enjoin any
acts or things which may be unlawful or in violation of the rights of the City
hereunder, or obtain damages caused to the City by any such default;
b. have access to and inspect, examine and make copies of all books and records
of Contractor which pertain to the project;
c. declare a default of this Contract, make no further disbursements, and demand
immediate repayment from Contractor of any funds previously disbursed under
this Contract;
d. terminate this Contract by delivery to Contractor of written notice of
termination; and/or
e. take whatever other action at law or in equity may be necessary or desirable to
enforce the obligations and covenants of Contractor hereunder, including but
not limited to the recovery of funds.
No delay in enforcing the provisions hereof as to any breach or violation shall impair, damage or
waive the right of City to enforce the same or to obtain relief against or recover for the continuation
or repetition of such breach or violation or any similar breach or violation thereof at any later time
or times. In the event that City prevails against Contractor in a suit or other enforcement action
hereunder, Contractor agrees to pay the reasonable attorneys' fees and expenses incurred by City.
7. Termination for Convenience. This Contract may be terminated at any time, in
whole or in part, upon the mutual written agreement of the parties. City may also choose to
terminate this Contract at any time by delivering to Contractor 10 -days' advance written notice
of intent to terminate.
8. Non -Assignable Duties. Contractor may not assign its duties hereunder without
the prior written consent of City.
11. Independent Contractor. Contractor is an independent contractor and is not an
employee, servant, agent, partner, or joint venturer of City. Contractor has no power or authority
to enter into contracts or agreements on behalf of City. City shall determine the work to be done
by Contractor, but Contractor shall determine the legal means by which it performs the work
specified by City. City is not responsible for withholding, and shall not withhold, FICA or taxes
of any kind from any payments, which it owes Contractor. Neither Contractor nor its employees,
if any, shall be entitled to receive any benefits which employees of City are entitled to receive
and shall not be entitled to workers' compensation, unemployment compensation, medical
insurance, life insurance, pension, or any benefits of any type or nature whatsoever on account of
their work for City. Contractor shall be solely responsible for compensating its employees, if
any.
12. Anti -Discrimination. During the performance of this Contract, Contractor, for
itself, its assignees and successors in interest, agrees to comply with the anti -discrimination laws
3
Page 99 of 177
of the State of Iowa, as contained in Sections 19B, 551.4 of the Code of Iowa, which are herein
incorporated by reference and made a part of this Contract.
13. Severability. In the event any provision of this Contract, together with the
Contract Documents, is held invalid, illegal, or unenforceable, whether in whole or in part, the
remaining provisions of this Contract shall not be affected thereby and shall continue in full
force and effect. If, for any reason, a court finds that any provision of this Contract is invalid,
illegal, or unenforceable as written, but that by limiting such provision it would become valid,
legal, and enforceable, then such provision shall be deemed to be written and shall be construed
and enforced as so limited.
14. General Terms. This Contract, together with the Contract Documents, constitutes
the entire agreement between the parties pertaining to the subject matter hereof. This Contract
may not be modified or amended except pursuant to the mutual written agreement of the parties.
This Contract is binding on the parties and the heirs, personal representatives, successor and
assigns of each. Time is of the essence in the performance of the terms hereof.
IN WITNESS WHEREOF, the parties have executed this Contract for Demolition and
Site Clearance Services as of the date first set forth above.
CITY OF WATERLOO, IOWA
By:
Quentin Hart, Mayor
Attest:
Kelly Felchle, City Clerk
4
Page 100 of 177
CITY OF WATERLOO
Council Communication
Resolution setting date of public hearing as February 6, 2017 to approve the request by Jon Hauptly for a site
plan amendment to the "C -P" Planned Commercial District to allow for the construction of an 12,000 SF
indoor recreation building with a 66 -stall parking lot, located northeast of 1844 West Ridgeway Avenue, and
instruct City Clerk to publish notice.
City Council Meeting: 1/23/2017
Prepared: 1/18/2017
REVIEWERS:
Department
Planning & Zoning
Clerk Office
ATTACHMENTS:
Description
Reviewer
Schroeder, Aric
Even, LeAnn
Action
Approved
Approved
Type
D Attachment - NE of 1844 W Ridgeway - 12000 SF Bldg Backup Material
SUBJECT:
Submitted by:
Recommended Action:
Date
1/18/2017 - 10:43 AM
1/18/2017 - 12:21 PM
Resolution setting date of public hearing as February 6, 2017, to approve the
request by Jon Hauptly, for a site plan amendment to the "C -P" Planned
Commercial District, to allow for the construction of an 12,000 SF, indoor,
recreation building, with a 66 -stall parking lot, located northeast of 1844 West
Ridgeway Avenue, and instruct City Clerk to publish notice.
Submitted By: Noel Anderson, Community Planning and Development
Director
Approval
Transmitted is a request to approve a resolution setting date of hearing
as February 6, 2016 to approve the request by Jon Hauptly for a site plan
amendment to the "C -P" Planned Commercial District to allow for the
construction of an 12,000 SF indoor recreation building with a 66 -stall
parking lot, located northeast of 1844 West Ridgeway Avenue, and instruct
City Clerk to publish notice.
The "C -P" Planned Commercial District is intended and designed to provide a
means for the residential and compatible commercial development of tracts of
land on a unit basis, allowing greater flexibility and diversification of land uses
and building locations than the conventional single lot method.
The proposed structure shows numerous materials being used on the
outside, which range from a textured wall panel system, a flat wall or fascia
system, and ribbed metal wall system. It appears from the submitted
building elevations, the textured wall panel system will be on portions of the
south and west walls of the building, and the ribbed and flat panel systems
will be on all four walls. The north and east walls of the building will be a
Page 101 of 177
Summary Statement:
ribbed metal wall, which is the reason staff is requiring that there is an
effective visual screen to minimize its impacts upon the surrounding area.
The floor plan shows 9,486 SF of the building being devoted to the
gymnastics gym, and the remaining 2,514 SF of the building being devoted
to restrooms, storage/mechanical and a conference room. It is indicated on
the building layout plan that it has an occupancy rating of 243 persons, and
the Zoning Ordinance requires for places of assembly that there be one
parking space for every four persons of the maximum occupancy, which in
this case, would require 61 parking spaces. The applicant is proposing to
have 66 parking stalls, five more than required.
On the initial site plan, only one ingress/egress access point was shown on
the site plan, however, the site plan has been revised to show another access
point to facilitate a better flow of traffic to and from the site and meet the
requirements of the Fire Code.
At the January 10, 2017 regular meeting of the Planning and Zoning
Commission, the Commission unanimously recommended approval of the
request with the condition that an effective visual screen consisting of
spruce, firs, pines or arborvitaes is provided along the north property line
extending from a point even with the front of the parking, eastward to a point
even with the rear of the building or rear of the parking, whichever extends
closer to the rear property line to screen the north wall of the building and
vehicular use area from the residences to the north along Jane Street. The
revised site plan shows 16 arborvitae trees being planted along the north
property line to screen the building and parking area from the residences to
the north. It should be noted that a landscaping plan will need to be
submitted for the remainder of the site as well.
Expenditure Required: N/A
Source of Funds: N/A
Policy Issue: Land Use and Economic Development
Alternative: N/A
Background Information: N/A
Legal Descriptions: Village West Subdivision, Lot 3, Waterloo, Black Hawk County, Iowa.
Page 102 of 177
REQUEST:
APPLICANT:
GENERAL
DESCRIPTION:
IMPACT ON
NEIGHBORHOOD &
SURROUNDING
LAND USE:
VEHICULAR &
PEDESTRIAN
TRAFFIC
CONDITIONS:
RELATIONSHIP TO
RECREATIONAL
TRAIL PLAN AND
COMPLETE STREETS
POLICY:
ZONING HISTORY
FOR SITE AND
IMMEDIATE VICINITY:
DEVELOPMENT
January 10, 2017
Request by Jon Hauptly for a site plan amendment to the "C -P"
Planned Commercial District to allow for the construction of a
12,000 SF commercial building with a 66 -stall parking lot, located
northeast of 1844 West Ridgeway Avenue.
Jon Hauptly, 2906 Violet Drive, Waterloo, Iowa 50701
The applicant is requesting to construct the building to have an
indoor recreational (gymnastics) facility.
The request would not appear to have a negative impact on the
surrounding neighborhood or land use. Currently, there is an
18,000 SF building under construction at the northwest corner of
West Ridgeway Avenue and Provision Parkway, just to the south.
The request would not appear to have a negative impact on
vehicular or pedestrian traffic movements in the area. The area is
served by West Ridgeway Avenue, which is a 4 -lane roadway that
is classified as a Minor Arterial. Currently, groundwork is done for
Provision Parkway, however, it has not yet been paved. Once
completed, the new road would be classified as a Local Street.
Highway 63 is also a 1/2 mile to the west and is classified as a
Principal Arterial. A 5' Portland Cement Concrete sidewalk is
shown in front of the building paralleling Provision Parkway. As the
subdivision develops, sidewalk will be further extended in the area.
There is a recreational trail located to the south of the site in
question along West Ridgeway Avenue that connects to the
Sergeant Road Trail to the west along Highway 63. As lots develop
along Provision Parkway, they will need to install sidewalks.
The area in question was rezoned 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 on April 11, 2016. Surrounding land uses and
their zoning designations are as follows:
North — Vacant development ground and single family uses along
Jane Street, zoned "R-3" Multiple Residence District, "R -3,C -Z"
Conditional Zoning District, "R -2,C -Z" Conditional Zoning District,
and "R-2" One and Two Family Residence District.
South — United Medical Park, zoned "R -4,C -Z" Conditional Zoning
District.
East — Waterloo Memorial Park Cemetery, zoned "R-3" Multiple
Residence District.
West — Existing commercial development and vacant development
ground, zoned "C-2" Commercial District and "R-4" Multiple
Residence District. There are also large amounts of development
land further west zoned agriculturally and industrially.
The area is comprised of commercial and professional office
COUNCIL LTR REPORT - 1_10_17 SPA CP - NE of 1844 E Ridgeway - 12000 SF bldg
of 5
Page lei of 177
HISTORY:
BUFFERS/
SCREENING/
LANDSCAPING
REQUIRED:
DRAINAGE:
FLOODPLAIN:
PUBLIC /OPEN
SPACES/ SCHOOLS:
UTILITIES: WATER,
SANITARY SEWER,
STORM SEWER, ETC.
RELATIONSHIP TO
COMPREHENSIVE
LAND USE PLAN:
STAFF ANALYSIS —
ZONING
ORDINANCE:
January 10, 2017
development, with the recent development of a commercial strip
center at 1850 West Ridgeway Avenue in 2015, which houses two
restaurants, professional offices and a retail business. Currently,
there is an 18,000 SF building under construction at the northwest
corner of West Ridgeway Avenue and Provision Parkway. Directly
across the street is United Medical Park, which was started in the
late 1990s with multiple expansions and new buildings over the
years.
Staff is requiring as a condition of approval that an effective visual
barrier is provided along the north property line extending from a
point even with the front of the parking eastward to a point even
with the rear of the building or rear of the parking, whichever
extends closer to the rear property line to screen the north wall of
the building and vehicular use area from the residences to the
north along Jane Street. Staff would suggest that it be a planted
screen that could consist of spruce, firs, pines or arborvitae trees.
Along with the visual screen, an overall landscaping plan for the
entire site will need to be submitted and approved by staff.
If approved, the applicant will need to submit a storm water
drainage and detention plan to the Engineering Department prior to
issuance of any building permits.
No portion of the property is located within a Special Flood Hazard
Area as indicated by the Federal Insurance Administration's Flood
Insurance Rate Map, Community Number 190025 and Panel
Number 0282F, dated July 18, 2011.
There are no schools located within the nearby vicinity. The
Katoski Greenbelt is located approximately 3/4 of a mile to the west
along West Ridgeway Avenue.
A new sanitary sewer will be extended to serve the area. An 18"
storm sewer and 4" drain tile located within West Ridgeway
Avenue, directly to the south of the site in question.
The Future Land Use Map designates this area as Parks, Open
Spaces, Schools, Airport, Government Facilities, Public Areas. The
proposed use would not be in conformance with Future Land Use
Map and Comprehensive Plan for this area. It should be
mentioned that the abutting property owner did purchase land from
the cemetery to the east, which was in conformance with the
Future Land Use Map and Comprehensive Plan. The City of
Waterloo is currently in the beginning stages of updating its
Comprehensive Plan and it will be necessary to change the Future
Land Use Map to reflect the change in the proposed land use of
former cemetery land.
The applicant is intending to construct a new 12,000 SF
commercial building that will house a gymnastics studio and a 71 -
stall parking lot.
The "C -P" Planned Commercial District is intended and designed to
COUNCIL LTR REPORT - 1_10_17 SPA CP - NE of 1844 E Ridgeway - 12000 SF bldg
of 5
Page X14 of 177
January 10, 2017
provide a means for the residential and compatible commercial
development of tracts of land on a unit basis, allowing greater
flexibility and diversification of land uses and building locations than
the conventional single lot method. It is the intent of the basic
principles of good land use planning be maintained and that sound
zoning standards as set forth in the Zoning Ordinance concerning
orderly growth and development, traffic patterns, and compatible
design and use be preserved. The ideals of the Planned
Commercial District stem from the Mixed Use Commercial
categorization on the Future Land Use Map within the
Comprehensive Plan. Mixed Use Commercial areas work to direct
such developments into areas of transition from commercial to
residential, based on current developments. Commercial uses will
be compatibly designed to blend in with the built or planned
environment, and shall incorporate the following elements into their
design; building facade, landscaping, signage, screening, and site
orientation and layout.
The proposed structure shows numerous materials being used on
the outside, which range from a textured wall panel system, a flat
wall or fascia system, and ribbed metal wall system. It appears
from the submitted building elevations, the textured wall panel
system will be on portions of the south and west walls of the
building, and the ribbed and flat panel systems will be on all four
walls. The north and east walls of the building will be a ribbed
metal wall, which is the reason staff is requiring that there is an
effective visual screen to minimize its impacts upon the
surrounding area. There are five large windows on the west
elevation, along with the entrance door, and four large windows on
the upper portions of the west wall.
The floor plan shows 9,486 SF of the building being devoted to the
gymnastics gym, and the remaining 2,514 SF of the building being
devoted to restrooms, storage/mechanical and a conference room.
It would appear that the four large windows on the upper portions
of the south wall would allow for natural light to shine into the gym.
It is also indicated on the building layout plan that it has an
occupancy rating of 243 persons, and the Zoning Ordinance
requires for places of assembly that there be one parking space for
every four persons of the maximum occupancy, which in this case,
would require 61 parking spaces. As mentioned, 66 parking
spaces are being shown, which is an excess of five parking spaces
required. The site plan only shows one ingress/egress point, and
staff has concerns with the one access, as much of the traffic drops
off children to attend the gymnastics class and leave and return at
a later time to pick up the children. Without having a second
means of egress, there could potentially be traffic congestion in the
parking lot. Staff would prefer to see a second egress to facilitate
proper traffic flow to and from the site or a circular parking lot that
allows traffic to circle around and exit the single driveway without
COUNCIL LTR REPORT - 1_10_17 SPA CP - NE of 1844 E Ridgeway - 12000 SF bldg
of 5
Pageg of 177
STAFF ANALYSIS —
SUBDIVISION
ORDINANCE:
January 10, 2017
having to attempt a turn -around maneuver. Also, to meet the Fire
Code requirements, either a second driveway will be needed, or a
fire lane connecting around the rear of the building so that fire
rescue could "loop" around and drive back out, and they have to be
able to get access to a point where they can park the fire truck that
is within 150' of all points of the exterior of the building, and provide
them with the ability to drive forward into and out of the site without
having to back out. Also, fire hydrant locations will need to be
reviewed during the building permit review process.
Also, Traffic Operations has requested the applicant to provide an
estimate of expected daily traffic, and what time will there be peak
traffic to the site. It has also been questioned how much of that
expected traffic is estimated to be generated during that peak hour
The site plan shows the proposed building having 74.8' side yard
setback from the north property line and a 35.51' rear yard setback
from the east property line. The setback requirements for the "C -P"
district are that of the "C-2" district, which are 5' for the side yard
setback, and 35' for the rear yard setback. The front of the building
is well beyond the required 20' setback, and the south side of the
building is approximately 245' from the southerly side property line.
Also, at its highest, the building will be 25', well below the
maximum 48' height limit for the zoning district.
There is no platting required for this request.
STAFF Therefore, staff recommends that the request for a site plan
RECOMMENDATION: amendment in the "C -P" Planned Commercial District be approved,
for the following reasons:
1. The request would appear to be compatible with the
surrounding area, which is comprised of commercial and
professional office development.
2. The request would not appear to have a negative impact upon
the surrounding area.
3. The request would not appear to have a negative impact upon
vehicular and pedestrian traffic in the area.
Subject to the following condition:
1. That the final site plan meets all applicable city codes,
including but not limited to, parking, landscaping, drainage,
etc., except as specifically altered by approval of the site plan
amendment.
2. That an effective visual screen consisting of spruce, firs, pines
or arborvitaes is provided along the north property line
extending from a point even with the front of the parking,
COUNCIL LTR REPORT - 1_10_17 SPA CP - NE of 1844 E Ridgeway - 12000 SF bldg
of 5
Page I N of 177
January 10, 2017
eastward to a point even with the rear of the building or rear of
the parking, whichever extends closer to the rear property line
to screen the north wall of the building and vehicular use area
from the residences to the north along Jane Street. .
3. That a second ingress/egress point or circular parking layout is
added to the site to facilitate a proper traffic flow to and from
the location and meet Fire Code requirements.
COUNCIL LTR REPORT - 1_10_17 SPA CP - NE of 1844 E Ridgeway - 12000 SF bldg
of 5
PagePW of 177
City of Waterloo Planning, Programming and Zoning Commission
January 10, 2017
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Page 108 of 177
City of Waterloo Planning, Programming and Zoning Commission
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NE of 1844 West Ridgeway Avenue
"C -P" Site Plan Amendment
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Page 109 of 177
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Page 118 of 177
APPLICATION SITE PLAN AMENDMENT TO A "R -P",
"M -P", "C -F", "B -P", "S-1" OR "C -Z" DISTRICT
CITY OF WATERLOO PLANNING, PROGRAMMING, AND
ZONING COMMISSION, WATERLOO, IOWA
319.291.4366
New or Overall Amendment x
Individual Building
Minor change (check one) (Minor Change must be approved by staff)
I. APPLICATION INFORMATION:
a. Applicant's name (please print): Jon Hauptly
Address: 2906 Violet Drive Phone: 319-240-7253 Fax: 319-296-2282
City: WaterlooState: IA Zip: 50701
b. Status of applicant: (a) Owner (b) Other X (CHECK ONE): If other explain:
Contractor representing owner.
c. Property owner's name if different than above (please print): Vicki Reed
Address: 2605 Heather Ln Phone: 319-239-9382 Fax:
City: Waterloo State: IA Zip: 50701
2. PROPERTY INFORMATION:
a. General location of site plan to be amended: I orated on the north/east side of Provision
Parkway, Lot 3 of Village West Subdivision
b. Legal description of property or portion to be amended: Lot 3. Village West Subdivision
c. Dimensions of proposed site plan amendment: 250' x 200' (Approx size of improvements)
d. Area of proposed site plan amendment: 2.17 Acres (I of Size)
e. Current zoning: C -P
f. Reason(s) for site plan amendment and proposed use(s) of property: New building and parking lot.
g. Conditions (if any) agreed to (does not affect existing conditions unless specified):
h. Other pertinent information (use reverse side if necessary):
Please Note: If applicant is not the owner of the property, the signature of the owner must be secured. If it is the intent
to subdivide (split) any land, vacant or improved in conjunction with this request it must go through a platting process
(separate from site plan amendment request).
The filing fee of $200 (for new or overall amendment), $100 (for individual Building), or $0 (for minor change) (payable
to the City of Waterloo) is required. This fee is non-refundable. Under no condition shall said sum or any part thereof
be refunded for failure of said amendment to be enacted into law. Any major change in any of the information given will
require that the request go back through the process, with a new filing fee. If the request is denied no new petition
covering the same or portion of the same property shall be filed with or considered by the Planning, Programming, and
Zoning Commission until four (4) months have elapsed from the date of denial by the Waterloo City Council. The
undersigned certify under oath and under the penalties of perjury that all information on this request and submitted along
with it is true and correct. All information submitted will be used by the Waterloo Planning, Programming, and Zoning
Commission and the Waterloo City Council in making their decision. The undersigned authorize City Zoning
Officials to enter the property in question in regards to the request.
r
►Z1
ignat • of A i plicant
Date
Signature o Owner
Dat
Page 119 of 177
Looking North from Ridgeway
Looking Northeast from Ridgeway
Looking east along Ridgeway Avenue. The
proposed building is to the left.
Development under construction west of the
proposed building
Page 120 of 177
CITY OF WATERLOO
Council Communication
Resolution setting date of public hearing as February 13, 2017 to approve preliminary plans, specifications,
form of contract, etc. and setting date of bid opening as February 9, 2017, for the F.Y. 2017 Tree Clearing -
City Composting Site, Contract No. 927; and instruct City Clerk to publish notice of plans, specifications,
form of contract, etc.
City Council Meeting: 1/23/2017
Prepared: 1/18/2017
REVIEWERS:
Department
Engineering
Clerk Office
SUBJECT:
Submitted by:
Summary Statement:
Expenditure Required:
Source of Funds:
Reviewer
Thorson, Eric
Even, LeAnn
Action
Approved
Approved
Date
1/18/2017 - 10:54 AM
1/18/2017 - 12:06 PM
Resolution setting date of public hearing as February 13, 2017 to approve
preliminary plans, specifications, form of contract, etc. and setting date of bid
opening as February 9, 2017, for the F.Y. 2017 Tree Clearing - City
Composting Site, Contract No. 927; and instruct City Clerk to publish notice of
plans, specifications, form of contract, etc.
Submitted By: Eric Thorson, PE, City Engineer
Plans prepared by the City Engineer's Office.
TBD
Page 121 of 177
CITY OF WATERLOO
Council Communication
Fireworks Display at Isle of Capri Casino, 777 Isle of Capri Blvd. (in the field west of the casino) on January
28, 2017 beginning at 9:00 p.m. for approximately 10-15 minutes for the Chinese New Year.
City Council Meeting: 1/23/2017
Prepared: 1/18/2017
REVIEWERS:
Department Reviewer Action Date
Clerk Office Higby, Nancy Approved 1/18/2017 - 1:11 PM
SUBJECT:
Submitted by:
Fireworks Display at Isle of Capri Casino, 777 Isle of Capri Blvd. (in the
field west of the casino) on January 28, 2017 beginning at 9:00 p.m. for
approximately 10-15 minutes for the Chinese New Year.
Submitted By: Kelley Felchle, City Clerk
Page 122 of 177
CITY OF WATERLOO
Council Communication
Motion to approve Exception to Burning Yard Waste Application for Hawkeye Community College Cedar
Valley Arboretum & Botanical Gardens, to burn approximately 9.5 acres of prairie grass.
City Council Meeting: 1/23/2017
Prepared: 1/18/2017
REVIEWERS:
Department Reviewer Action Date
Clerk Office Higby, Nancy Approved 1/18/2017 - 1:27 PM
SUBJECT:
Submitted by:
Motion to approve Exception to Burning Yard Waste Application for
Hawkeye Community College Cedar Valley Arboretum & Botanical Gardens,
to burn approximately 9.5 acres of prairie grass.
Submitted By: Kelley Felchle, City Clerk
Page 123 of 177
CITY OF WATERLOO
Council Communication
Sale of city owned property located at 1420 Byron Avenue to Bertha Johnson in the amount of $5,000 and
approve Development Agreement.
City Council Meeting: 1/23/2017
Prepared: 1/11/2017
REVIEWERS:
Department Reviewer Action Date
Planning & Zoning Schroeder, Aric Approved 1/11/2017 - 10:59 AM
Clerk Office Even, LeAnn Approved 1/18/2017 - 1:16 PM
ATTACHMENTS:
Description Type
❑ Detailed Report Cover Memo
a Development Agreement Cover Memo
SUBJECT:
Submitted by:
Motion to receive and file proof of publication of notice of public hearing.
HOLD HEARING—No objections on file.
Motion to close hearing and receive and file oral and written comments.
Resolution authorizing sale and conveyance of 1420 Byron Avenue to Bertha
Johnson for $5,000, and authorize City Attorney to prepare and deliver deed
accordingly.
Resolution approving Development Agreement and authorize Mayor and City
Clerk to execute the agreement.
Submitted By: Noel Anderson -Community Planning and Development
Director
Recommended Action: Recommendation of approval of the sale with Development Agreement and
$10,000 Performance Bond or Cash.
The property was acquired by the City of Waterloo through Iowa Code
657A in August of 2016. Staff and the Building Official visited the site and
determined that the structure is sound enough for rehabilitation. Ms. Johnson
Summary Statement: has indicated that the home would be rented upon completion. The property
has excessive amounts of junk and debris left by the previous owner, and the
City has agreed to reimburse up to $2,500 for expenses to clean out the
house in order to facilitate the rehabilitation of the house.
Expenditure Required: Up to $2,500 for reimbursement of expenses to clean out excessive amounts
of junk left by the previous owner.
Source of Funds: Nuisance Abetment bonds.
Policy Issue: Dilapidated housing/Housing Rehab
Page 124 of 177
Alternative:
Background Information:
Legal Descriptions:
Demolish
Russell Heights Lot 7, Block 1
Page 125 of 177
12/28/2016 Printable Map Output
Black Hawk County Parcel lifiup
Parcel ID:
Deed Holder:
8913-36-151-003
CITY OF WATERLOO
Parcel Address:
420 BYRON AV, WATERLOO, IA 50702
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lack Hawk County, Iowa
16 East 5th Street
aterloo, Iowa 507034774
hone: (319) 833-3002
ax: (319) 833-3070
-mail: auditor • co.black-tiawk.la us am
Map Disclaimer: This map does not represent a survey. No liability is assumed for the
accuracy of the data delineated herein, either expressed or implied by Black Hawk County,
the Black Hawk County Assessor or their employees. This map is compiled from official
records, including plats, surveys, recorded deeds, and contracts, and only contains
information required for local government purposes. See the recorded documents for more
detailed le al information.
Page 126 of 1717
8/31/2016 9/1/2016 017 004299
Date Drawn Date Filed Recorded Document
12/28/2016
Black Hawk County Detailed Parcel Report
BLACK HAWK COUNTY REAL ESTATE ASSESSMENT AND TAX INFORMATION
Parcel ID
Deed Holder
Tax Mail to Address
CITY OF WATERLOO
715 MULBERRY ST
PDF No. Map Area Contract Buyer ATTN: FINANCE DEPARTMENT
4 CWTLO-06 I
WATERLOO, IA 50703-0000
8913-36-151-003
Pro
ert
Address
1420 BYRON AV
WATERLOO, IA 50702-2339
CITY OF WATERLOO
Cu
rent Recorded Transfer
ype
D
SALES
None
BUILDING PERMIT
Date
Number
10/4/1999
WA HA 1244
Amount
rReason
M
1,651 isc
2016
100%
alue
axable
alue ;9,116
Land
16,010
Land
ASSESSED VALUES/CREDITS
Class
R
Multi -Residential Land
0
Dwelling
68,080
Building
Multi -Residential Land
Dwelling Building
38,764
84,090
0
otal
7,880
100%
Value
Land
16,010
Multi -Residential Land
0
Dwelling
68,080
Taxable Land
Value 8,906
Multi -Residential Land
0
Dwelling
37,870
Bul
0
Total
Acres
84, 090
0
Building
Total
46,776
100%
Value
Taxable
Value
rand
16,010
Multi -Residential Land
Dwellin
Buildin
otal
cres
Land (Multi -Residential Land
8,923 0
Dwelling
35,837
Building
0
T
4
0
tal
760
Tax District
40001
TAX INFORMATION ASSESSMENT YEAR 2015 PAYAB
- WATERLOO
Gross Value
Taxable Value
Military Exemption
E 2016/2017
Levy Rate Gross Tax
Net Tax
Con ► 84,090
Nocorp
Homestead
Credit
Corp $0.00
Nocorp ..__._ �..._............
46,776
0
Disabled Veteran
Credit
0.00
0
0
40.78414
0
Ag
Credit
,907.72
0.00
$1,908.00
Business Property Tax
redit
0.00
$0.00
LEGAL
LAND
http:Ilwww2.co.black-hawk.iauslwebsiteibhrnaplbhRepDet.as p?apn=891336151003
Page 127 of 1
12/28/2016
Front Foot 60
otals:
Black Hawk County Detailed Parcel Report
7620 0.175
7620 10.175
DWELLING CHARACTERISTICS
1Type S le
Total Living Area
Sin le-Famil / Owner Occu•ied 1 Sto Frame
1140
[year Built
Area (Heat C ' ttic
,1950
720 Yes es 1/2 Finished
Total Rooms Above _Total Rooms Below Bedrooms Above Bedrooms Below
5 10
2 ii
Basement
— —
Basement Finished Area INo Basement Floor
Ful
il
350 0._
Foundation
Flooring
C BikCarp
/ Vinyl
Exterior Walls
Interior Finish
[Vinyl
Plas
Roof
,Asph / Gable
Non -Base
Floor/Wall—
Pipeless
Handfrred 1Space Heaters
Heating
ip —
i
1
Year Built
Style Area jBasement SF No Basement (SF)
Heat 1�C ttic
,A ddtions
1979
1 Story Frame 168 ;0 0
es
fres 10 1
1 Full Bath
tI-Ype
Count
Plumbing
1 Toilet Room
Fireplace
_
11 Story Prefab—
_— _ .
/Style 1,,#rea
1 Mtl Stall Shower
--
Porch`'
1 S Frame Open 120
Style
' rea
Dec
Wood Deck Med
1Concrete Patio-
Low
168
224
ear Built
1950
GARAGES
1ytylejjWidth Length rea
AttyFrame } �0 ._ 0 --- 336
BASEMENT
STALLS
Qtrs Over rea AC l L None
Basement- II — one -
0 None 0 0
Entry Status: Inspected
hltp:l/www2.co.bl ack-hawk.ia.us/websitelbhmaplbhRepDel.asp?apn=891336151003
Page 128 of 12737
12/28/2016 Black Hawk County Detailed Parcel Report
1979
1S FR
[188]
I4
12
WD DK
[168]
14
CONC PATIO
[224]
16
24
ISI3 A FR (MAIN)
[720]
30
14
1S FR GAR
[336]
24
45
18 FIR OP
[20]
Date Website Last Updated: 12/16/2016
http:/Iwww2.co.black-hawk.ia.us/website/bhmap/bhRepbet.asp?apn= 891336151003
Page 129 of 13737
Preparer
Information: Christopher W. Western 715 Mulberry Street Waterloo Iowa 50703 (319) 291.4366
Name Address City Phone
SPACE ABOVE THIS LINE
FOR RECORDER
DEVELOPMENT AGREEMENT
This Development Agreement (the "Agreement") is entered into as of
by and between Bertha Johnson, (the "Company") and the City of
Waterloo, Iowa (the "City"). Bertha Johnson is a principal of Company and executes
the personal guaranty at the end of this Agreement for the purposes stated therein.
RECITALS
A. City considers economic development within the City a benefit to the
community and is willing for the overall good and welfare of the
community to provide financial incentives so as to encourage that goal.
B. Company is willing and able to finance and deconstruct existing building
and related improvements on property located at 1420 Byron Avenue, and
legally described on Exhibit "A" attached hereto (the "Property").
AGREEMENT
NOW, THEREFORE, in consideration of the mutual covenants set forth herein,
the parties agree as follows:
1. Sale of Property; Title. Subject to the terms hereof, City shall convey the
Property to Company for the sum of $5,000 (the "Purchase Price"). Conveyance shall
be by quit claim deed, free and clear of all encumbrances arising by or through City
except: (a) easements, conditions and restrictions of record which do not, in Company's
opinion, interfere with Company's proposed use; (b) current and future real estate real
property taxes and assessments subject to the agreements made herein; (c) general
utility and right-of-way easements serving the Property; and (d) restrictions imposed by
the City zoning ordinances and other applicable law. City shall have no duty to convey
title to Company until Company delivers to City reasonable and satisfactory proof of
financial ability to undertake and carry on the Project (defined below), which may take
Page 130 of 177
DEVELOPMENT AGREEMENT
Page 2
the form of a lending commitment letter. Company shall, at its own expense, prepare
an updated abstract of title, or in lieu thereof Company may, at its own expense, obtain
whatever form of title evidence it desires. If title is unmarketable or subject to matters
not acceptable to Company, and if City does not remedy or remove such objectionable
matters in timely fashion following written notice of such objections from Company,
Company may terminate this Agreement. City shall provide any title documents it has
in its possession, including any abstracts, to assist in title preparation.
2. Timeliness of Construction; Possibility of Reverter. The parties agree
that Company's commitment to undertake the Project and to rehabilitate in a timely
manner constitutes a material inducement for the City to convey the Property or to
cause the Property to be conveyed, to Company and that without said commitment City
would not do so. Measured from the date the Property is deeded to Company,
Company must obtain permits and begin construction within one (1) month and
substantially complete rehabilitation no later than January 23, 2018.
If Company has not, in good faith, begun the rehabilitation of the Improvements
on the schedule stated above, then title to the Property shall revert to the City, except
as provided in this Agreement; provided, however, that if construction has not begun
within the state period but the development of the Project is still imminent, the City
Council may, but shall not be required to, consent to an extension of time for the
construction of the Improvements, and if an extension is granted but construction of the
Improvements has not begun within such extended period, then the title to the Property
shall revert to the City after the end of said extended period. If Company determines at
any time that the Project is not economically feasible, then after giving thirty (30) days'
advance written notice to City, Company may convey the Property to City by special
warranty deed, and thereupon neither party shall have any further obligation under this
Agreement except as expressly provided. If development has commenced within the
required period or any extended period and is stopped and/or delayed as a result of an
act of God, war, civil disturbance, court order, labor dispute, fire, or other cause beyond
the reasonable control of Company, the requirement that construction of the Project
shall be tolled for a period of time equal to the period of such stoppage or delay, and
thereafter if construction is not completed within the allowed period of extension then
title to the Property shall revert to the City.
3. Reverter of Title; Indemnity. In the event of any reverter of title,
Company agrees that it shall, at its own expense, promptly execute all documents,
including but not limited to a special warranty deed, or take such other actions as the
City may reasonably request to effectuate said reverter and to deliver to City title to the
Property that is free and clear of any lien, claim, or encumbrance arising by or through
Company. Company shall pay in full, so as to discharge or satisfy, all liens, claims,
charges, and encumbrances on or against the Property. If Company fails to deliver
such documents, including but not limited to a special warranty deed, to City within
thirty (30) days of written demand by City, then City shall be authorized to execute, on
Company's behalf and as its attorney-in-fact, the special warranty deed required by this
Page 131 of 177
DEVELOPMENT AGREEMENT
Page 3
Section, and for such limited purpose Company does hereby constitute and appoint
City as its attorney-in-fact.
Company further agrees that it shall indemnify City and hold it harmless
with respect to any demand, claim, cause of action, damage, or injury made, suffered,
or incurred as a result of or in connection with the Project, Company's failure to carry on
or complete same, or any lien, claim, charge, or encumbrance on or against the
Property of any type or nature whatsoever that attaches to the Property by virtue of
Company's ownership of same. If City files suit to enforce the terms of this Agreement
and prevails in such suit, then Company shall be liable for all legal expenses, including
but not limited to reasonable attorneys' fees. Company's duties of indemnity pursuant
to this Section shall survive the expiration, termination or cancellation of this Agreement
for any reason.
5. No Encumbrances; Limited Exception. Until completion of the
Improvements, Company agrees that it shall not create, incur, or suffer to exist any lien,
encumbrance, mortgage, security interest, or charge on the Property, other than such
mortgage or mortgages as may be reasonably necessary to finance Company's
completion of the Improvements and of which Company notifies City in advance of
Company's execution of any such mortgage. Company may not mortgage the Property
or any part thereof for any purpose except in connection with financing of the
Improvements.
6. Water and Sewer. Company will be responsible for extending water and
sewer service to any location on the Property and for payment of any associated
connection fees.
7. Reimbursement for Cleanup; The buyer will be reimbursed up to $2,500
for expenses related to the removal of excessive amounts of debris from inside the
home only that was left by the previous owner. The buyer must provide receipt's
showing all expenditures related to the removal of debris from the inside of the home to
be reimbursed (i.e. dumpster rental and landfill expenses), excluding personnel
expenses. If receipts cannot be provided, the City of Waterloo will not be obligated to
reimburse for expenses incurred during cleanup of the property.
8. Reserved
9. Reserved
10. Representations and Warranties of City. City hereby represents and
warrants as follows:
A. City is not prohibited from consummating the transaction
contemplated in this Agreement by any law, regulation, agreement, instrument,
restriction, order or judgment.
Page 132 of 177
DEVELOPMENT AGREEMENT
Page 4
B. Each person who executes and delivers this Agreement and all
documents to be delivered hereunder is and shall be authorized to do so on
behalf of City.
11. Representations and Warranties of Company. Company hereby
represents and warrants as follows:
A. Company is not prohibited from consummating the transaction
contemplated in this Agreement by any law, regulation, agreement, instrument,
restriction, order or judgment.
B. Company is duly organized, validly existing, and in good standing
under the laws of the state of its organization and is duly qualified and in good
standing under the laws of the State of Iowa.
C. Company has full right, title, and authority to execute and perform
this Agreement and to consummate all of the transactions contemplated herein,
and each person who executes and delivers this Agreement and all documents
to be delivered to City hereunder is and shall be authorized to do so on behalf of
Company.
12. No Assignment or Conveyance. Company agrees that it will not sell,
convey, assign or otherwise transfer its interest in the Property prior to completion of
the Project, whether in whole or in part, to any other person or entity without the prior
written consent of City. Reasonable grounds for the City to withhold its consent shall
include but are not limited to the inability of the proposed transferee to demonstrate to
the City's satisfaction that it has the financial ability to observe all of the terms to be
performed by Company under this Agreement.
13. Materiality of Company's Promises, Covenants, Representations,
and Warranties. Each and every promise, covenant, representation, and warranty set
forth in this Agreement on the part of Company to be performed is a material term of
this Agreement, and each and every such promise, covenant, representation, and
warranty constitutes a material inducement for City to enter this Agreement. Company
acknowledges that without such promises, covenants, representations, and warranties,
City would not have entered this Agreement. Upon breach of any promise or covenant,
or in the event of the incorrectness or falsity of any representation or warranty, City
may, at its sole option and in addition to any other right or remedy available to it,
terminate this Agreement and declare it null and void.
14. Notices. Any notice under this Agreement shall be in writing and shall be
delivered in person, by overnight air courier service, by United States registered or
certified mail, postage prepaid, or by facsimile (with an additional copy delivered by one
of the foregoing means), and addressed:
Page 133 of 177
DEVELOPMENT AGREEMENT
Page 5
(a) if to City, at 715 Mulberry Street, Waterloo, Iowa 50703, facsimile
number 319-291-4571, Attention: Mayor, with copies to the City Attorney and the
Community Planning and Development Director.
(b) if to Company, to Bertha Johnson, 521 Fowler Street Waterloo,
Iowa 50703, Attention: Bertha M. Johnson.
Delivery of notice shall be deemed to occur (i) on the date of delivery when delivered in
person, (ii) one (1) business day following deposit for overnight delivery to an overnight
air courier service which guarantees next day delivery, (iii) three (3) business days
following the date of deposit if mailed by United States registered or certified mail,
postage prepaid, or (iv) when transmitted by facsimile so long as the sender obtains
written electronic confirmation from the sending facsimile machine that such
transmission was successful. A party may change the address for giving notice by any
method set forth in this section.
15. No Joint Venture. Nothing in this Agreement shall, or shall be deemed
or construed to, create or constitute any joint venture, partnership, agency,
employment, or any other relationship between the City and Company nor to create any
liability for one party with respect to the liabilities or obligations of the other party or any
other person.
16. Amendment, Modification, and Waiver. No amendment, modification,
or waiver of any condition, provision, or term of this Agreement shall be valid or of any
effect unless made in writing, signed by the party or parties to be bound or by the duly
authorized representative of same, and specifying with particularity the extent and
nature of the amendment, modification, or waiver. Any waiver by any party of any
default by another party shall not affect or impair any rights arising from any subsequent
default.
17. Severability. Each provision, section, sentence, clause, phrase, and
word of this Agreement is intended to be severable. If any portion of this Agreement
shall be deemed invalid or unenforceable, whether in whole or in part, the offending
provision or part thereof shall be deemed severed from this Agreement and the
remaining provisions of this Agreement shall not be affected thereby and shall continue
in full force and effect. If, for any reason, a court finds that any portion of this
Agreement is invalid or unenforceable as written, but that by limiting such provision or
portion thereof it would become valid and enforceable, then such provision or portion
thereof shall be deemed to be written, and shall be construed and enforced, as so
limited.
18. Captions. All captions, headings, or titles in the paragraphs or sections
of this Agreement are inserted only as a matter of convenience and/or reference, and
they shall in no way be construed as limiting, extending, or describing either the scope
or intent of this Agreement or of any provisions hereof.
Page 134 of 177
DEVELOPMENT AGREEMENT
Page 6
19. Binding Effect. This Agreement shall be binding and shall inure to the
benefit of the parties and their respective successors, assigns, and legal
representatives.
20. Counterparts. This Agreement may be executed in one or more
counterparts, each of which shall be deemed an original and all of which, taken
together, shall constitute one and the same instrument.
21. Entire Agreement. This Agreement, together with the exhibits attached
hereto, constitutes the entire agreement of the parties and supersedes all prior or
contemporaneous negotiations, discussions, understandings, or agreements, whether
oral or written, with respect to the subject matter hereof.
22. Time of Essence. Time is of the essence of this Agreement.
IN WITNESS WHEREOF, the parties have executed this Development
Agreement by their duly authorized representatives as of the date first set forth above.
CITY OF WATERLOO, IOWA Bertha Johnson
By: By:
Quentin Hart, Mayor Bertha M. Johnson
Attest:
Kelly Felchle, City Clerk
Page 135 of 177
DEVELOPMENT AGREEMENT
Page 7
EXHIBIT "A"
Legal Description of Property
Lot 7, Block 1, Russel Heights, City of Waterloo, Black Hawk County, Iowa.
Page 136 of 177
CITY OF WATERLOO
Council Communication
Purchase of six (6) Police patrol vehicles for the Police Department.
City Council Meeting: 1/23/2017
Prepared: 1/17/2017
REVIEWERS:
Department
Public Works Department
Clerk Office
Reviewer
Rice, Mark
Even, LeAnn
Action
Approved
Approved
ATTACHMENTS:
Description Type
D Bid Tab Backup Material
SUBJECT:
Submitted by:
Recommended Action:
Summary Statement:
Expenditure Required:
Source of Funds:
Background Information:
Date
1/17/2017 - 11:48 AM
1/18/2017 - 10:22 AM
Motion to receive and file proof of publication and notice of public hearing.
HOLD HEARING: No comments on file.
Motion to close the hearing and receive and file oral and written comments.
Resolution confirming approval of specifications, bid document, form of
contract etc.
Resolution authorizing to proceed.
Motion to receive and file and instruct City Clerk and refer to Public Works
Director for review.
Submitted By: Mark Rice, Public Works Director
Recommend Approval
This purchase was programmed and funds provided in the Capital
Equipment Budget.
Estimate: $145,700
416-11-1100-2117
The vehicles identified for replacement meet the standards established for
both condition and mileage in the vehicle replacement schedule and funds
were requested and approved to support this action in the Capital
Improvement Program for Equipment.
Page 137 of 177
PURCHASE OF SIX (6) POLICE PATROL VEHICLES
Bid Opening: January 19, 2017
Estimate: $145,700
NO Bid Security Required
Bidder
Bid Security
Bid Amount
Stivers
Waukee, IA
n/a
Sedan: $26,190
SUV: $28,998
Bill Colwell
Hudson, IA
n/a
Sedan: $25,628
SUV $28,576
Page 138 of 177
CITY OF WATERLOO
Council Communication
Resolution approving an Encroachment Agreement with Richard L. Penn and Sharon L. Armfield-Penn to
allow for the construction of a fence, plantings, bollards and other improvements into the city owned alley
right-of-way, located adjacent to 322-324 W 4th Street.
City Council Meeting: 1/23/2017
Prepared: 1/17/2017
REVIEWERS:
Department
Planning & Zoning
Clerk Office
Reviewer
Schroeder, Aric
Even, LeAnn
ATTACHMENTS:
Description
D Encroachment Agreement
D Side Elevation and Site Plan
D Aerial Photo
D Plat Map
D Encroachment Area Pictures
SUBJECT:
Submitted by:
Recommended Action:
Summary Statement:
Expenditure Required:
Action
Approved
Approved
Type
Backup Material
Backup Material
Backup Material
Backup Material
Backup Material
Date
1/17/2017 - 5:14 PM
1/18/2017 - 10:36 AM
Resolution approving an Encroachment Agreement with Richard L. Penn and
Sharon L. Armfield-Penn to allow for the construction of a fence, plantings,
bollards and other improvements into the city owned alley right-of-way,
located adjacent to 322-324 W 4th Street.
Submitted By: Noel Anderson, Community Planning and Development
Director
Approval
The applicant originally submitted the request as a vacate of the ally adjacent
to 322-324 W 4th Street, but the request was changed to an encroachment
agreement, based on opposition from an adjoining property owner to vacate
the alley. The proposed encroachment agreement would allow for the
applicant to build a fence, plantings, bollards, and related improvements
within the City owned alley right-of-way. The bollards will be removable, so
as access to both adjoining properties will not be blocked. The front facade
of the applicant's adjoining building recently collapsed and the applicant is
nearing completion of renovation of a new facade on the building, and would
like to have approval of the encroachment agreement to allow for the
placement of the fence and plantings to screen the alley from public view,
and to restrict vehicle traffic to the area.
N/A
Page 139 of 177
Source of Funds: N/A
Policy Issue: Infrastructure
Background Information: N/A
Legal Descriptions:
The Northeasterly twenty (20) feet of the Southwesterly forty (40) feet of the
Northwesterly ten (10) feet of the Southeasterly thirty (30) feet of Lot 9 of
Block 16 of the Original Plat of Waterloo West, City of Waterloo, Black
Hawk County, Iowa.
Page 140 of 177
Prepared by: Aric Schroeder, 715 Mulberry Street, Waterloo, Iowa 50703 (319) 291-4366
ENCROACHMENT AGREEMENT
THIS ENCROACHMENT AGREEMENT is entered into by and between Richard L. Penn and
Sharon L. Armfield-Penn, hereinafter "Penn", and the City of Waterloo, Iowa, hereinafter "City" this
4 day of January 2017.
WHEREAS, Penn is the owner(s) of real estate commonly known as Parcel No. 891326232020, a
vacant parcel Iocated adjacent 316-320 West 4th Street, Waterloo, Iowa 50701 and legally described as
Original Plat, Waterloo West, the Northwesterly thirty (30) feet of Lot 9 of Block 16, all in the City of
Waterloo, Black Hawk County, State of Iowa, hereinafter "Penn Property"; and
WHEREAS, there is City owned right-of-way adjacent to the Southeasterly line of Penn property,
which is dedicated as public alley, hereinafter "Alley"; and
WHEREAS, Penn is requesting to place a fence, plantings, bollards and other improvements
(hereinafter the "Encroachment" across a portion of said alley legally described as: The Northeasterly
twenty (20) feet of the Southwesterly forty (40) feet of the Northwesterly ten (10) feet of the
Southeasterly thirty (30) feet of Lot 9 of Block 16 of the Original Plat of Waterloo West, City of
Waterloo, Black Hawk County, Iowa, (hereinafter the "Encroachment Area"; and
WHEREAS, the City is willing to allow said Encroachment to encroach into said Alley as
described above and as shown on the attached Exhibit "A", subject to the terms and conditions set forth
herein.
THEREFORE IT IS HEREBY AGREED by and between the parties as follows:
1. Penn hereby recognizes and reaffirms the existence and public ownership of said Alley and
claims no rights or privileges therein except to the limited extent provided for in this
agreement.
2. The City grants Penn the right to place and maintain said Encroachment in and upon the
Encroachment Area of said Alley, subject to the rights of the City and/or any agency to which
the City has granted a utility franchise or right-of-way License Agreement to and for access
over, under and upon said Alley, expressly recognizing and acknowledging that any damage
that occurs to said Encroachment will be the sole risk and expense of Penn. In the event that
the City needs said Encroachment to be temporarily or permanently removed for access or.
improvement to said Alley, the City shall provide Penn 60 days' notice and, for temporary
removal the City shall be responsible for repair or replacement of the fence and any other
1
Page 141 of 177
improvements of said Encroachment, and for permanent removal the City shall pay Penn
damages in the amount of $7,500. Except due to negligence by the City and/or any agency to
which the City has granted a utility franchise or right-of-way License Agreement, the City
and/or any agency to which the City has granted a utility franchise or right-of-way License
Agreement shall not be responsible or liable for damage of said Encroachment, and any
agency to which the City has granted a utility franchise or right-of-way License Agreement
shall not be responsible or liable for replacement of said Encroachment.
3. The term of this agreement shall be for so long as said Encroachment is maintained by Penn
and continues to exist, and that this agreement shall automatically terminate if said
Encroachment is removed (other than for temporary removal during replacement or repair).
The parties agree that this agreement is appurtenant to the Penn Property and runs with the
land.
4. Only to the extent due to negligence of the City, or their officers, elected officials, employees,
or agents, the City shall protect, defend, indemnify, and hold harmless Penn and his
successors and assigns from and against any claim, damages, liability and expense (including
but not limited to, reasonable attorney's fees and costs of litigation) of any type or nature
whatsoever arising out of the use, maintenance or removal of said Encroachment. Penn shall
protect, indemnify, and hold harmless the City and its successors and assigns and their
officers, elected officials, employees, and agents and any agency to which the City has
granted a utility franchise or right-of-way License Agreement, from and against any claim,
damages, liability and expenses (including, but not limited to, reasonable attorney's fees and
costs of litigation) of any type or nature whatsoever except due to negligence by the City
and/or any agency to which the City has granted a utility franchise or right-of-way License
Agreement arising out of the use, maintenance or removal of said Encroachment, including
but not limited to any damage to said Encroachment. This indemnification provision shall
survive the termination of this Agreement as it pertains to any claims or damages arising out
of the encroachment during its existence. If the agreement is terminated and the
encroachment is removed, the indemnification provision shall only apply to claims arising
from the existence of the encroachment and when it was in use.
5. Penn agrees to install Bollards as indicated in Exhibit A in order to further protect the parties'
property in this matter and Penn agrees to maintain said Bollards in good working order so
long as the Encroachment Agreement is in effect. Said Bollards shall be removable, and if
lockable, the City of Waterloo and adjoining property owners to the Alley shall be provided
with a key or other means of unlocking and temporarily removing the Bollards for access
purposes.
6. This is the entire agreement between the parties with respect to the subject matter hereof It
may be amended only in a written instrument signed by the parties. This agreement is binding
upon the parties and their respective transferees, successors, heirs and assigns. Time is of the
essence in observing the terms of this agreement.
2
Page 142 of 177
IN WITNESS WHEREOF, the parties have executed this Encroachment Agreement by their duly
authorized . kers as of the date first set forth above.
ars L. Penn
City of Waterloo
By: Quentin Hart
Its: Mayor
Attest:
Kelley Felchle, City Clerk
Sharon L. Armfield-Penn
STATE OF IOWA )
COUNTY OF BLACK HAWK ) SS.
,j)
On this -7 _day of January, 2017, before me, the undersigned, a Notary Public in and for the
State of Iowa, personally appeared Richard L. Penn and Sharon L. Armfield-Penn to me known to be the
identical persons named herein and who executed the foregoing instrument and acknowledged that they
executed the same as their voluntary act and deed.
1
CATHERINE M GARRET!'
COMMISSION NO.763150
* MY COMMISSION EXPIRES
MAY 21,2019
STATE OF IOWA )
COUNTY OF BLACK HAWK ) SS.
alk4,e;Le S &A A
Notary Public
This instrument was acknowledged before me on this day of January, 2017, by Quentin Hart
and Kelley Felchle as Mayor and City Clerk, respectively, of the City of Waterloo.
Notary Public
3
Page 143 of 177
ao
Exhibit "A"
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BOLLARD -6' DIAMETER STEEL
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Page 1.44 of 177
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August 4, 2015
North of 322-324 W 4th Street
Alley Vacate
Richard Penn
Page 146 of 177
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Page 147 of 177
Richard Penn Alley Encroachment Request
Looking at the alley in question, which is
located between the two buildings.
Looking at the new facade installed on the
front of the building facing Washington
Street (formerly Bluff Street).
Looking at the alley behind the area of the
proposed encroachment.
Looking at the new facade, and the alley area
where the encroachment is proposed.
Page 148 of 177
CITY OF WATERLOO
Council Communication
Resolution awarding bid for two (2) pickup trucks, for the Building Inspection Department, to Pat McGrath
Chevyland of Cedar Rapids Iowa in the amount of $51,442.
City Council Meeting: 1/23/2017
Prepared: 1/17/2017
REVIEWERS:
Department Reviewer Action Date
Public Works Department Rice, Mark Approved 1/17/2017 - 11:58 AM
Clerk Office Even, LeAnn Approved 1/18/2017 - 12:01 PM
SUBJECT:
Submitted by:
Recommended Action:
Summary Statement:
Expenditure Required:
Source of Funds:
Background Information:
Resolution awarding bid for two (2) pickup trucks, for the Building
Inspection Department, to Pat McGrath Chevyland of Cedar Rapids Iowa in
the amount of $51,442.
Submitted By: Mark Rice, Public Works Director
Recommend Approval
These two (2) vehicles will replace two (2) departmental vehicles which meet
the established vehicle replacement schedule. These replacements were
budgeted for and approved in the Capital Improvement Program for
Equipment.
$51,442.
415-22-5100-2117
416-22-5100-2117
The purchase of these vehicles does not increase the fleet size of the
department. The vehicles identified for replacement meet the standards
established in the vehicle replacement schedule and funds were requested
and approved to support this action in the Capital Improvement Program for
Equipment.
Page 149 of 177
CITY OF WATERLOO
Council Communication
Resolution approving Professional Services Agreement with JDE Engineering, of Waterloo, Iowa, in an amount
not to exceed $65,500.00, for construction related services, for the FY 2017 Wagner Road Sanitary Sewer
Extension and Grading Project, Contract 899, and authorize Mayor and City Clerk to execute said document.
City Council Meeting: 1/23/2017
Prepared: 1/18/2017
REVIEWERS:
Department Reviewer Action Date
Engineering Thorson, Eric Approved 1/18/2017 - 10:53 AM
Clerk Office Even, LeAnn Approved 1/18/2017 - 11:53 AM
ATTACHMENTS:
Description Type
❑ Cont 899_CRS agreement Cover Memo
SUBJECT:
Submitted by:
Summary Statement:
Expenditure Required:
Resolution approving Professional Services Agreement with JDE
Engineering, of Waterloo, Iowa, in an amount not to exceed $65,500.00,
for construction related services, for the FY 2017 Wagner Road Sanitary
Sewer Extension and Grading Project, Contract 899, and authorize Mayor
and City Clerk to execute said document.
Submitted By: Dennis Gentz, Assistant City Engineer
The Scope of Services will include all detailed work, materials, equipment,
personnel and supplies necessary to provide construction related services
for this project.
$65,500.00
Source of Funds: TIF
Page 150 of 177
ENGINEERING
(319) 464-7913
January 11, 2017
37,E it Pheasant Lane Suite #201 • Waterloo, IA 50701 jrleen;(ir 1<j)c iel,rrel
F.Y. 2017 WAGNER ROAD SANITARY SEWER EXTENSION AND GRADING - CONTRACT #899
CONSTRUCTION RELATED SERVICES
PROFESSIONAL SERVICES AGREEMENT
WHEREAS, the City of Waterloo, Iowa ("City") desires to extend sanitary sewer north approximately 810 feet
north of the existing sanitary sewer lying approximately 400 feet east of Wagner Road, and to raise the ground
elevation by filling and grading, to serve a proposed light industrial subdivision in the northwest portion of
Waterloo, Iowa, and
WHEREAS, JDE Engineering, PLC ("Consultant") of Waterloo, Iowa desires to provide construction related
services related to the development of this sanitary sewer extension and grading project,
NOW THEREFORE, it is mutually agreed that this Professional Services Agreement shall consist of the following:
I. SCOPE OF SERVICES
Assist in development of tax exemption certificates. These certificates would be delivered to the
contractor. Certificates would be developed by the Waterloo City Clerk's Office, with assistance from
JDE Engineering, and delivered to the contractor prior to the beginning of construction.
Develop a construction notebook for organization of construction documents.
'3 Develop a pre -construction conference agenda and sign -in sheet.
Conduct the pre -construction conference.
'3 Produce minutes of the pre -construction conference meeting and provide a copy of the minutes to
all parties in attendance.
co Conduct progress meetings every 2 weeks during the construction phase of the project. These
meetings could be conducted on-site during construction, or at a mutually agreed upon location
(City Hall, contractors office, JDE Engineering office, etc.).
Produce minutes of Progress Meetings and provide a copy of the minutes to all parties in
attendance.
1
Page 151 of 177
• Obtain the contractors work schedule prior to the beginning of construction.
• Issue a Notice -to -Proceed to the contractor following the pre -construction conference and approval
of all applicable permits.
• Contact property owners directly adjacent to the project area prior to the start of construction to
inform them of the proposed work.
• Observe the proper installation of traffic control.
• Conduct daily review of traffic control condition and inform the contractor of needed maintenance.
• Document traffic control condition on a daily basis.
• Document the completion of utility locates in the area of construction prior to the beginning of
work.
• Conduct storm water related site inspections. Any erosion from construction areas will be
documented and the contractor notified to correct issues.
• Obtain photos of work areas prior to the start of construction to document existing conditions of
streets and undeveloped areas adjacent to construction.
• Complete a daily working day log related to construction activity, and mail to all parties on a weekly
basis.
• Complete weekly working day reports during construction and mail to all parties on a weekly basis.
• Print all e-mail and letter correspondence related to the contract and keep this information in the
construction notebook.
• Obtain concrete plant certifications for the plant(s) used to provide concrete for the project.
• Obtain material certifications for concrete, steel, and other materials used for the construction of
the project.
• Receive and obtain approvals for shop drawings.
• Collect delivery tickets for materials (i.e. sand, concrete, steel).
• Obtain material test results through Terracon Consultants, Inc.
• Provide construction surveys for the project through Great Plains Survey, Inc.
• Obtain photos during and after construction to document construction methods and the finished
product.
2
Page 152 of 177
• Measure quantities in the field.
• Develop pay estimates for review and approval by the contractor and the City.
• Process change/extra work orders (if necessary).
• Develop a Punch List of incomplete items and deliver to the contractor.
• Prepare record drawings for submittal to the City.
• Obtained lien waivers from material suppliers prior to the acceptance of work.
• Develop a letter of acceptance for submittal to the City Council upon project completion.
• Submit the final project construction notebook to the City for their records.
II. TIME OF BEGINNING AND COMPLETION
The project shall begin following approval of the City Council and execution of this agreement by the
Mayor of the City of Waterloo. Completion of construction is anticipated by June 30, 2017. Below is an
anticipated schedule for development of the project:
• Approval of the Construction Agreement December 2016
• Field Construction Begins January 2017
• Field Construction Ends June 2017
• Submittal of Record Drawings to Owner July 2017
III. COMPENSATION
The fee for the work detailed under "Section I. Scope of Services" is based on anticipated time -and -
materials necessary to complete the work. Surveying services will be performed under this contract by
Great Plains Survey, Inc. of La Porte City, Iowa. Material testing services will be performed under this
contract by Terracon Consultants, Inc. of Cedar Falls, Iowa. The total cost of construction related
services for this project is estimated to be $65,500. This fee is considered a maximum not -to -exceed
cost.
IV. TERMS AND CONDITIONS
The attached Terms & Conditions are considered part of this agreement.
3
Page 153 of 177
IN WITNESS WHEREOF, the parties hereto have executed this Professional Services Agreement as of the dates
shown below:
JDE ENGINEERING, PLC
- UfL I In
. Ellis, P.E.
Jim Date
CITY OF WATERLOO, IOWA
Quentin M. Hart, Mayor Date
4
Page 154 of 177
Standard Terms and Conditions
JDE Engineering, PLC (hereinafter referred to as ("JOE") shall perform the services outlined in this agreement for the stated fee
arrangement. Following are general items applicable to this agreement:
Standard of Care: In providing services under this Agreement, JDE shall perform in a manner consistent with that degree of care and
skill ordinarily exercised by members of the same profession currently practicing under similar circumstances at the same time and in
the same, or similar, locality. JDE makes no warranty, express or implied, as to its professional services rendered under this Agreement.
Fees: The anticipated fee for time and materials, if stated, shall be understood to be an estimate. All incurred expenses relating to the
agreed upon project shall be invoiced back to the customer at 110%. These expenses may include, but are not limited to, mileage, legal
fees, software fees, plotting and copying fees, permitting fees, and travel expenses. Mileage reimbursement shall be $ 0.60 per mile.
Where the fee arrangement is to be on an hourly basis, the rates used shall be those that prevail at the time services are rendered.
Currently rates are as follows:
Project Manager $95 per hour
Design Engineer $95 per hour
Drafting Technician $75 per hour
Construction Observation Technician $75 per hour
Special Project Coordinator $45 per hour
Administrative Assistant $40 per hour
Billings/Payments: Invoices for JDE's services shall be submitted at JDE's option. JOE may submit invoices either upon completion of
the services or throughout the life of the project on a monthly basis if expenses have incurred. Invoices shall be paid within 30 days of
the invoice date. If the invoices are not paid within 30 days, JDE may terminate all services, and any of its other obligations, under this
Agreement, free of any and all liability, and shall be entitled to any remedy available at law or equity. Only a JDE officer has authority to
enter into alternative payment agreements. No secondary payment agreement shall be binding upon JDE unless agreed to in writing by
a company officer.
Late Payments: Invoices that are not paid within 30 days of the invoice date may be assessed a Late Fee of 1.5% per month from the
date of invoice. The Client shall pay all costs including court costs, and reasonable attorney fees, associated with collecting any unpaid
balance.
indemnification: To the extent allowed by applicable law, the Client shall indemnify and hold JOE harmless from, and against any and
all claims, losses, and expenses (including reasonable attorney fees) arising out of, or resulting from the performance of, the services,
provided that any such claim, damage, loss, or expense is caused in whole or in part, by the negligent act, omission, and/or strict liability
of the Client, anyone directly or indirectly employed by, or in a contractual relationship with, the Client (except JDE), or anyone for
whose acts of them may be liable, except to the extent caused by or arising from the negligent acts or omissions or willful misconduct of
IDE, its officers, employees or agents.
Dispute Resolution: Any claims or disputes between the Client and IDE arising out of the services to be provided by IDE, or out of this
Agreement, shall be submitted to non-binding mediation. The Client and IDE agree to include a similar mediation agreement with all
contractors, sub -consultants, sub -contractors, suppliers, and fabricators, providing for mediation as a primary method for dispute
resolution among all parties.
Access to Site: Unless otherwise stated, JDE will have access to the site for activities necessary for the performance ofJDE's services.
Jobsite Safety: Neither the professional activities of IDE, nor the presence of JDE, or its employees and sub -consultants at the
construction/project site, shall impose any duty on JDE, nor relieve the General Contractor of its obligations, duties, and responsibilities
including, but not limited to, construction means, methods, sequence, techniques, or procedures necessary for performing,
superintending, and coordinating the Work in accordance with the Contract Documents, and any health or safety precautions required
by any regulatory agencies. JDE and its personnel have no authority to exercise any control over any construction contractor or its
employees in connection with their work, or any health or safety programs or procedures. The Client agrees that the General
Contractor shall be solely responsible for jobsite and worker safety, and warrants that this intent shall be carried out in the Client's
contract with the General Contractor.
Information Provided by Others: The Client shall furnish, at the Client's expense, all information, requirements, reports, data, surveys,
and instructions required by this Agreement. JDE may use such information, requirements, reports, data, surveys, and instructions in
1
Page 155 of 177
performing its services, and is entitled to rely upon the accuracy and completeness thereof. JDE shall not be held responsible for any
errors or omissions that may arise as a result of erroneous or incomplete information provided by the Client and/or the Clients
consultants and contractors, provided that JOE shall exercise reasonable diligence in its use of such information and shall promptly
notify the Client of any errors or omissions that JDE discovers.
Termination of Services: This agreement may be terminated by the Client, or JDE, should the other party materially breach this
Agreement. Nonpayment by the Client shall be a material breach of this Agreement. In the event of termination, the Client shall pay
JDE for all services rendered up to, and including, the date of termination, all project expenses for which it was reasonably necessary to
incur the expense before termination, and termination expenses (including reasonable attorney fees if termination was due to material
breach by the Client).
Ownership of Documents: Documents produced by JOE under this agreement (including data, documents, drawings, specifications,
and reports) shall become the property of the Client upon full receipt by JOE of the agreed upon compensation. The drawings and data
submitted by JDE to Client are submitted for an acceptance period of two (2) years. Any defects Client discovers during this period will
be reported to JDE and will be corrected as part of ):Ws Basic Scope of Services. Correction of defects detected and reported after the
acceptance will be compensated as Additional Services. Client shall have the right to use the drawings and data for the purpose of
construction, operation, and maintenance of the designed project. Client shall make no claim against JDE, resulting in any way from an
unauthorized change or reuse of the drawings and data for any other project by anyone. In addition, Client agrees, to the fullest extent
permitted by law, to indemnify and hold JDE harmless from any damage, liability or cost incurred or suffered by the Client, including
reasonable attorney fees and costs of defense, arising from any changes made by anyone other than IDE. Under no circumstances shall
transfer of the drawings and data, and other instruments of service, on electronic media for use by Client be deemed a sale by JDE, and
JOE makes no warranties, either expressed or implied, of merchantability and fitness for any particular purpose.
On -Site Observation: On-site observation of Contractor's work is not part of )DE's work, unless explicitly a part of the Scope of Services.
If on-site observation of Contractor's work is a part of this Agreement, JOE shall make visits to the site at intervals appropriate to the
various stages of construction, as IDE deems reasonable. Site visits are for the limited purpose of becoming generally familiar with the
process and quality of the work completed, and to determine, in general, if the work is being performed in a manner, indicating that the
work when completed will be in accordance with the contract documents. However, JOE shall not be required to make exhaustive or
continuous on-site inspections to check the quality, or quantity, of the work. IDE does not guarantee or warrant the performance of
the Contractor. JOE is not responsible for instruction means, methods, techniques, sequence, procedures, time of performance, or
programs in connection with the construction work. JOE is not responsible for Contractor's failure to execute the work in accordance
with the contract documents. JOE is not responsible in any way for Contractor's, Sub -contractor's, or their agents or employees
compliance with OSHA, federal, state, or local laws or regulations. JDE is not responsible for Project oversight safety. Project and site
safety shall be the sole responsibility of the Contractor. JOE shall not have control over, be in charge of acts, or be held responsible for
omissions of the Contractor, Sub -contractor, or their agents or employees, or any other persons performing portions of the work. Given
the foregoing, Client also shall, to the fullest extent permitted by law, waive any claim against IDE, and indemnify, defend, and hold JDE
harmless from any claim or liability for injury or loss arising from )DE's alleged failure to exercise site safety responsibility.
Force Majeure: JOE shall not be responsible, or liable, for any damages or delay, including, but not limited to, those which arise from
Acts of God, strikes, walkouts, accidents, Governmental Acts, or other events beyond the reasonable control of JOE.
Applicable Laws: This Agreement shall be governed by the laws of the State of Iowa.
Time an Estimate or Quote is Considered Valid: Estimates or Quotes are valid for 45 days from date of issue, and are subject to re-
pricing after 45 days.
2
Page 156 of 177
CITY OF WATERLOO
Council Communication
Resolution approving a Memorandum of Understanding, between the City of Waterloo and the Walnut
Neighborhood Housing Coalition to promote development in the Walnut Neighborhood.
City Council Meeting: 1/23/2017
Prepared: 1/18/2017
REVIEWERS:
Department Reviewer Action Date
Planning & Zoning Schroeder, Aric Approved 1/18/2017 - 10:32 AM
Clerk Office Even, LeAnn Approved 1/18/2017 - 10:39 AM
ATTACHMENTS:
Description Type
❑ MOU Backup Material
❑ Exhibit A Backup Material
SUBJECT:
Submitted by:
Resolution approving a Memorandum of Understanding, between the City of
Waterloo and the Walnut Neighborhood Housing Coalition to promote
development in the Walnut Neighborhood.
Submitted By:Noel Anderson, Community Planning and Development
Director
Recommended Action: Approval
The Walnut Neighborhood Housing Coalition has formed to promote and
protect fair, decent, affordable, mixed -income, and historically preserved
housing and residential development in the Walnut Neighborhood in
Waterloo. The Coalition is agreeing to share responsibility for the
achievement of adequate mixed -income housing, mixed-use neighborhood
Summary Statement: revitalization, and commercial development opportunities, and will work to
jointly identify housing issues and concerns, and develop measurable
strategies and actions to address identified issues and concerns. The City
agrees to approach the Coalition about the acquisition, sale, and/or
demolition of real estate within the Walnut Neighborhood prior to execution.
The term of the agreement is for three years, but may be terminated earlier by
either party with 90 day advance notice.
Expenditure Required: None.
Source of Funds: N/A
Policy Issue: Neighborhood redevelopment and stabilization.
Alternative: Not approve the MOU.
Page 157 of 177
MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF WATERLOO
AND
WALNUT NEIGHBORHOOD HOUSING COALITION
THIS MEMORANDUM OF UNDERSTANDING is entered into this day of
201_, by and between the City of Waterloo, ("City"), and Walnut Neighborhood Housing Coalition
("Coalition").
The City recognizes the Coalition has been formed to promote and protect fair, decent, affordable,
mixed -income, and historically preserved housing and residential development in the Walnut
Neighborhood in Waterloo, Iowa, said area being as shown in the attached Exhibit "A".
The Coalition agrees to share a responsibility for the achievement of adequate, mixed -income
housing, mixed-use neighborhood revitalization, and commercial development opportunities. The
Coalition will, on an ongoing basis, jointly identify housing issues and concerns which need be
addressed and develop measurable strategies and actions to address identified issues and concerns to
the best of their abilities.
The City agrees to approach the Coalition about the acquisition, sale, and/or demolition of real estate
within the Walnut Neighborhood prior to execution while the Coalition remains actively in existence.
This agreement shall be effective for a period of three years. This agreement may be terminated
earlier if one party delivers to the other a ninety (90) day advance written notice of termination.
In Witness Whereof, the Parties here have executed this Memorandum of Understanding on the
day of ,201 .
CITY OF WATERLOO WALN UT NEIGHBORHOOD
715 Mulberry Street HOUSING COALITION
Waterloo, Iowa 50703 c% Iowa Heartland Habitat for Humanity
803 W 5th Stree Waterloo, Iowa 50702
Mayor Quentin Hart
A HEST:
Kelley Felchle
City Clerk
Ali Parrish, IHHFH
Coalition Representative
ST:
LWra Hoy, Link ICD
Coalition Representative
Page 158 of 177
ARGYLE S
Wa1nut4Ne $1 orb o0
Note
Base map data source Is Black Hawk County.
This map does not represent survey, no liability
Is assumed for the accuracy of the data delineated herein,
either expressed or nulled by Black Hawk County, the
Black Hawk County Assessor, or the, employees.
The City of Waterloo makes no warranty, express or
nulled, as to the actuary of the Information shown
n this map, a. expressly tllsdaims liability for the
accuracy thereof. Users should referto offlal
plats, surveys, recorded deeds, located at the
JBlack Hawk CountyA Office complete j ��([Z��� ��'Feet I / / \ �"�a L S, r9l cul _1/
antlaeeuatenfonna I�y%�._ _ vVY 7�`.l' �1LV�'.1/ UI' I "
CITY OF WATERLOO
Council Communication
Resolution approving an extension of a moratorium for a period of six (6) months, ending on July 31, 2017, on
the issuance of a Special Permit or License for the establishment of any new recycling, junk or salvage yards.
City Council Meeting: 1/23/2017
Prepared: 1/18/2017
REVIEWERS:
Department
Planning & Zoning
Clerk Office
SUBJECT:
Submitted by:
Recommended Action:
Summary Statement:
Expenditure Required:
Source of Funds:
Policy Issue:
Alternative:
Reviewer
Schroeder, Aric
Even, LeAnn
Action
Approved
Approved
Date
1/18/2017 - 3:33 PM
1/18/2017 - 4:47 PM
Resolution approving an extension of a moratorium for a period of six (6)
months, ending on July 31, 2017, on the issuance of a Special Permit or
License for the establishment of any new recycling, junk or salvage yards.
Submitted By: Noel Anderson, Community Planning & Development
Director
approval
In September of 2015 the City Council approved a moratorium for a period
of 8 months on the issuance of a Special Permit of License for the
establishment of any new recycling, junk or salvage yard to allow staff to
review the regulations on such a use and to propose potential changes to
either the Code of Ordinances and/or the Zoning Ordinance as it pertains to
recycling, junk or salvage yards, including review of the Iowa Auto
Recyclers program and Automotive Recyclers Association for
recommended standards. In May of 2016 the moratorium was extended for
8 months, with an ending date set for January 31, 2017. Staff is continuing
to work on a proposed amendment to the Zoning Ordinance and is
requesting a 6 -month extension to allow additional time to complete the
proposed amendment. If extended, the moratorium would end on July 31,
2017.
none
n/a
Zoning
Don't approve the extension.
Page 160 of 177
CITY OF WATERLOO
Council Communication
Ordinance amending the Code of Ordinances by repealing Article B, Bus Stop Benches, of Chapter 2,
Sidewalk Construction, Inspections and Repair, of Title 7, Public Ways and Property; and enacting in lieu
thereof a new Article B, Bus Stop Benches, of Chapter 2, Sidewalk Construction, Inspections and Repair, of
Title 7, Public Ways and Property.
City Council Meeting: 1/23/2017
Prepared: 12/27/2016
REVIEWERS:
Department Reviewer Action Date
Planning & Zoning Schroeder, Aric Approved 12/28/2016 - 10:05 AM
Clerk Office Even, LeAnn Approved 12/28/2016 - 10:35 AM
ATTACHMENTS:
Description Type
D Ordinance tracking changes Ordinance
D Ordinance clean Ordinance
SUBJECT:
Motion to receive, file, consider and pass for the third time, an ordinance
amending the 2007 Code of Ordinances of the City of Waterloo, Iowa,
by repealing Article B, Bus Stop Benches, of Chapter 2, Sidewalk
Construction, Inspections and Repair, of Title 7, Public Ways and Property;
and enacting in lieu thereof a new Article B, Bus Stop Benches, of Chapter 2,
Sidewalk Construction, Inspections and Repair, of Title 7, Public Ways and
Property.
Motion to adopt said ordinance.
Submitted by: Submitted By: Aric Schroeder, City Planner
Recommended Action: Approval of the amendment.
Summary Statement:
Staff has been working on an overhaul of the current bus bench program,
which is provided for in Article B, Bus Stop Benches, of Chapter 2,
Sidewalk Construction, Inspections and Repair, of Title 7, Public Ways and
Property, of the City of Waterloo Code of Ordinances. The City of
Waterloo is proposing to phase out existing benches established under the
current ordinance, and significant overhaul to the ordinance is required to
provide for the phase out. The attached draft Ordinance shows all of the
proposed changes, showing strike through of wording proposed to be
removed and underline for wording proposed to be added, as well as a clean
version of the proposed ordinance amendment, that will strike the existing
Article B in its entirety, and replace is with the amended Article B, Bus Stop
Benches. Additional amendment will be required in the future when the
phase out of existing benches is complete.
Expenditure Required: none
Page 161 of 177
Source of Funds: n/a
Policy Issue: Code of Ordinances
Page 162 of 177
I 7-2B-1: PURPOSE; SUNSET:
It has been determined by the city council that there exists a need for the placement of bus stop benches
at designated locations throughout the city. Therefore, this article is created to assist the public in the use
of the metropolitan bus system by providing, subject to the regulations of the city council, bus stop
benches for the use of the public. Unless terminated sooner by resolution adopted by the city council,
this article shall cease to be effective as of October 31, 2019 and all permits issued hereunder shall
terminate as of said date. (Ord. 3226, 6-21-1982)
7-2B-2: AUTHORITY TO INSTALL:
It is hereby made lawful for persons to install and maintain public bus benches and to place advertising
matter and signs upon such benches subject to the limitations and qualifications of this article.
Advertising is a necessary means for the funding of these public service benches; thus, it shall be allowed
in all zoning classifications except in front of any one- or two-family residence located in any zoning
classification, provided that any bus bench installed by the city of Waterloo shall not be subject to said
limitation. (Ord. 3226, 6-21-1982)
7-2B-3: LOCATION OF BENCHES:
The placement of bus stop benches shall be limited to MET designated bus ctopslocations designated as
bus stops by Metropolitan Transit Authority (MET) only. These designated bus stops may vary in number
and location from time to time. In addition, bus stop benches other than benches installed by the city of
Waterloo shall conform to the following regulations:
A. The location of all bus stop benches shall be reviewed by the planning and development department
or the city engineering department. New locations shall only be reviewed in April and November of
each y r. Applications will bc cubmittcd prior to thc first day of thc rccpective month and fina4
disposal on or about the twentieth day of the month. No new locations shall be allowed under the
current bus bench program.
B. New location requests shall bc cubmittcd on bus stop bcnch application forms cupplicd by the
building official. Prior to submitting the form for review, the applicant shall procure signatures of
noting appropriate bus route and providing a sketch of the location of the bus stop bench.Reserved.
C. Bus stop benches shall be placed on public property parallel to streets along MET designated bus
routes and shall further be limited to areas where there is a minimum of six feet (6') from curb or edge
of the roadway to front of bench.
D. The city engineering department and planning department shall have the right to periodically inspect
all bus stop benches for maintenance, safety. -and site location and compliance with this article.
E. Bus stop benches shall be placed no closer than three (3) blocks or nine hundred feet (900'),
whichever is more restrictive, from any other bus stop bench along any individual MET designated
bus route.
F. In the event MET reduces or alters a route at any time during the year, requests for relocations may
be submitted upon written notice from MET of route changes and number of benches affected by
company name. (Ord. 3226, 6-21-1982; amd. Ord. 3409, 10-21-1985)
7-2B-4: PERMITS:
A. Application For Sign Permit: No An applicant for a sign permit or bus stop bench permit under
required by this article shall be issued after January 2, 2017 to a person not already a permittee.
Page 163 of 177
After said date, the city council may choose at any time by resolution to suspend or discontinue the
issuance of renewal permits.
1. An application may be submitted for one bus stop bench and onc permit may bc issucd for onc bus
stop bench, provided that the fee required herein accompany thc samc and thc location of thc bus
2. Within seven (7) days of the receipt of the application for a sign permit, the building official shall
approvc or disapprovc thc application. If thc building official disapproves the application, the reason
for the disapproval shall be stated in writing and given to the applicant.
B. Permit Required To Install And Maintain: No bus stop bench shall be installed or maintained unless a
permit has been obtained from the city building official, who has vested authority to issue these
permits. The permit shall be affixcd to basc of bcnch in such a manncr that it may bc visiblc from the
street.
C. Priority In Issuing Permits: Only one permittee shall be allowed to place bus benches on any one
intersection within the city. The permittee filing the application for the permit at the earliest date shall
receive priority.
D. Appeal Denial Of Permit: In the event a permittee is denied a permit, he may appeal the decision of
the building official to the city council. This appeal shall be perfected by filing a notice of appeal with
the city clerk within ten (10) days of the denial of the issuance of the permit by the building official.
council. (Ord. 3226, 6-21-1982; amd. Ord. 3409, 10-21-1985)
7-2B-5: BUS STOP BENCH FEES:
A. Bench Fees: The annual nonrefundable fee shall be twenty five dollars ($25.00) for each new location
application form. A nonrefundable fee of seven dollars fifty cents ($7.50) shall accompany each
relocation request. The annual fees are assessed for each individual bus stop bench and twelve
dollars fifty cents ($12.50) shall be due on April 1 every year and twelve dollars fifty cents ($12.50)
shall be due on October 1 every year. If the city requires the permittee to remove or relocate a bus
stop bench as provided in section 7-2B-9, the annual fee shall be refunded on a monthly pro -rata
basis for the period from the date on which such bench is removed until the ensuing March 31. (Ord.
4692, 5-10-2004)
B. Sign Permit Fees: A sign permit fee required by this article shall be accompanied by a fee of twenty
five dollars ($25.00) for each bus stop bench and shall only bc issucd aftcr thc location of thc bus
stop bench has been reviewed and approved by the appropriate departments. (Ord. 3226, 6 21 1982;
amd. Ord. 31109, 10 21 1985)
7-2B-6: CONDITIONS OF PERMIT:
A. Public Liability Insurance: The permittee shall file a certificate of insurance with the city clerk, which
shall name the city as an additional insured and shall be maintained in the amount of three hundred
thousand dollars ($300,000.00) for liability coverage. The permittee shall also enter into an
agreement with the city to indemnify the city for any and all liability which may arise out of the use of
the bus stop bench.
B. Permittee Responsibilities: By acceptance of a permit required by this article, the permittee agrees to
be bound by this article and to comply with its requirements with respect to each bus stop bench until
the bench is removed, whether or not there is a current permit in effect for such bench.a4 The
permittee further agrees to inspect each bus stop bench and to maintain the bus stop benches in a
safe, clean and sightly condition, suitable for use by persons with disabilities from the point of
departure from a public sidewalk to a point of embarkation on or disembarkation from a MET bus at
the edge of the street. Within forty-eight (48) hours following substantial completion of a snow event
that deposited two (2) or more inches of snow, or within seventy-two (72) hours if warranted by heavy
2
Page 164 of 177
snowfall conditions, the permittee shall remove snow and ice from the bench, the cement pad on
which it rests, and at least four (4) feet in width of any additional area connecting a public sidewalk (if
one exists) with the bench and the bench with the edge of the street, except with respect to those
specific bus stop benches for which the city has consented in writing to be responsible for removal of
snow and ice. The permittee shall maintain an accurate and up-to-date log showing dates and times
of snow removal and ice control activities at each location and shall make the log available for
inspection within forty-eight (48) hours of request by the city planner or designee. The permittee shall
not permit grass or vegetation to grow to a height exceed four (4) inches in any area under the bench,
within a perimeter of at least four (4) feet surrounding the bench, and at least four (4) feet in width of
any additional area that is not cemented and connects a public sidewalk (if one exists) with the bench
and the bench with the edge of the street.
C. Defend Litigation: A permittee shall defend, at his own expense, any litigation arising from the
installation1 maintenance or removal of a bus stop bench for which he holds a permit or a bus stop
bench that he owns but for which he does not hold a permit. (Ord. 3226, 6-21-1982; amd. Ord. 3409,
10-21-1985)
D. The permittee shall remove each bus stop bench in its entirety at the permittee's sole expense within
fifteen (15) days after the permit therefor expires, unless the city planner or designee approves an
extended period, not to exceed six (6) months, during which a particular bench may remain in place
but by the end of which such bench must be removed by the permittee at its sole expense. Approval
of an extended period for placement of a bench shall be subject to the city's right to require removal
pursuant to section 7-2B-9, except that the period in which removal must occur shall be seven (7)
days instead of 15. If the permittee fails to remove the bench, then the bench shall be deemed
abandoned and the city may remove it and retain or dispose of it in any manner according to the city's
sole discretion, and either charge the permittee with a municipal infraction for each bench that
permittee failed to remove or charge the permittee for the city's reasonable costs incurred in removing
and disposing of any such bench.
7-2B-7: SPECIFICATIONS:
All bus stop benches installed in accordance with this article, but not including benches installed by the
city of Waterloo, shall conform rigidly to the following specifications upon installation and at all times
thereafter until removal of the bench:
A. The benches shall be not more than six feet (6') in length, not to exceed forty two inches (42") in
height and thirty inches (30") in depth.
B. The benches must be of heavy construction to weigh not less than four hundred (400) pounds.
C. The end pieces and legs shall be constructed of concrete.
D. The back rests shall be constructed of hardwood or plywood not less than three-fourths inch (3/4") in
thickness or shall be constructed of plastic overlay plywood not less than one-half inch (1/2") in
thickness.
E. The seats shall be constructed of hardwood or plywood not less than one and three-fourths inches
(13/4") in thickness.
F. The several parts of the benches shall be joined by bolts of three-eighths inch (3/8") or greater
diameter. (Ord. 3226, 6-21-1982)
I 7-2B-8: ENFORCEMENTREMOVAL OF ILLEGAL BENCHES:
A. If Should any bus stop bench islae found to be noncompliant with this article or if complaints are
received by the city concerning the placement or maintenance of any bus stop bench, the city shall
3
Page 165 of 177
deliver to the permittee by reqular mail at its last known address shall be given a written notice from
the city by regular mail, to bring the bench into compliance. If the bus stop bench is not brought into
compliance within seven (7)ten (10) days after the notice has been mailed, then the city may declare
such bus stop bench to be a threat to public health, safety, and welfare, and as such to constitute a
nuisance which the city may summarily abate or remedy at the violators expense. Abatement may
take the form of removal of a noncompliant bus stop bench and assessment to the permittee of the
city's reasonable costs incurred in removing and/or disposing of any such bench.a h wring will be
property of the city and the location will subsequently be disallowed in the future. All existing bus stop
benches shall be in compliance within one year after passage of this article. (Ord. 3226, 6-21-1982;
amd. Ord. 3409, 10-21-1985)
B. If the permittee fails to comply with the maintenance standards prescribed by 7 -2B -6.B, then the city
may perform acts necessary to achieve such compliance, without notice to permittee.
C. If the permittee violates any provision of this article it shall be deemed quilty of a municipal infraction
and, upon conviction thereof, shall be fined as provided in section 1-3-2 of this code. Each separate
bus stop bench with respect to which a violation is committed or permitted to continue shall constitute
a separate offense and shall be punishable as such hereunder.
7-2B-9: REPLACEMENT BY CITY BENCH:
If the city desires to install a bench of its own at any bus stop bench location occupied by a permittee
durinq the term of the permit for such bench or at any location in the vicinity of such bench, the city shall
provide fifteen (15) days' advance written notice by reqular mail to the permittee at its last known address,
and the permittee shall remove said bench within 15 days after the date of mailinq of said notice. If the
permittee fails to remove the bench, then the bench shall be deemed abandoned and the city may
remove it, retain it or dispose of it in any manner accordinq to the city's sole discretion, and either charqe
the permittee with a municipal infraction or charqe the permittee for the city's reasonable costs incurred in
removinq and disposing of the bench. The permittee will also be allowed to relocate its bench to another
location for which permittee already has a permit, provided that the permittee removes the existinq bench
at such alternate location.
4
Page 166 of 177
ORDINANCE NO.
AN ORDINANCE AMENDING THE CODE OF ORDINANCES
OF THE CITY OF WATERLOO, IOWA, BY REPEALING
ARTICLE B, BUS STOP BENCHES, OF CHAPTER 2,
SIDEWALK CONSTRUCTION, INSPECTIONS AND
REPAIR, OF TITLE 7, PUBLIC WAYS AND
PROPERTY; AND ENACTING IN LIEU THEREOF A NEW
ARTICLE B, BUS STOP BENCHES, OF CHAPTER 2,
SIDEWALK CONSTRUCTION, INSPECTIONS AND
REPAIR, OF TITLE 7, PUBLIC WAYS AND
PROPERTY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO,
IOWA:
That Article B, Bus Stop Benches, of Chapter 2, Sidewalk
Construction, Inspection and Repair, of Title 7, Public Ways and
Property, of the Code of Ordinances of the City of Waterloo,
Iowa, is hereby repealed in its entirety; and that a new Article
B, Bus Stop Benches, of Chapter 2, Sidewalk Construction,
Inspection and Repair, of Title 7, Public Ways and Property, is
hereby enacted in lieu thereof as follows:
B. BUS STOP BENCHES
7-2B-1: PURPOSE; SUNSET:
It has been determined by the city council that there exists a
need for the placement of bus stop benches at designated
locations throughout the city. Therefore, this article is
created to assist the public in the use of the metropolitan bus
system by providing, subject to the regulations of the city
council, bus stop benches for the use of the public. Unless
terminated sooner by resolution adopted by the city council,
this article shall cease to be effective as of October 31, 2019
and all permits issued hereunder shall terminate as of said
date. (Ord. 3226, 6-21-1982)
7-2B-2: AUTHORITY TO INSTALL:
It is hereby made lawful for persons to install and maintain
Page 167 of 177
Ordinance No.
Page 2
public bus benches and to place advertising matter and signs
upon such benches subject to the limitations and qualifications
of this article. Advertising is a necessary means for the
funding of these public service benches; thus, it shall be
allowed in all zoning classifications except
one- or two-family residence located
classification, provided that any bus bench
city of Waterloo shall not be subject to said
3226, 6-21-1982)
7-2B-3: LOCATION OF BENCHES:
in front of any
in any zoning
installed by the
limitation. (Ord.
The placement of bus stop benches shall be limited to locations
designated as bus stops by Metropolitan Transit Authority (MET).
These designated bus stops may vary in number and location from
time to time. In addition, bus stop benches other than benches
installed by the city of Waterloo shall conform to the following
regulations:
A. The location of all bus stop benches shall be reviewed by
the planning and development department or the city
engineering department. No new locations shall be allowed
under the current bus bench program.
B. Reserved.
C. Bus stop benches shall be placed on public property
parallel to streets along MET designated bus routes and
shall further be limited to areas where there is a minimum
of six feet (6') from curb or edge of the roadway to front
of bench.
D. The city engineering department and planning department
shall have the right to periodically inspect all bus stop
benches for maintenance, safety, site location and
compliance with this article.
E. Bus stop benches shall be placed no closer than three (3)
blocks or nine hundred feet (900'), whichever is more
restrictive, from any other bus stop bench along any
Page 168 of 177
Ordinance No.
Page 3
individual MET designated bus route. (Ord. 3226, 6-21-1982;
amd. Ord. 3409, 10-21-1985)
7-2B-4: PERMITS:
A. Application For Permit: No sign permit or bus stop bench
permit under this article shall be issued after January 2,
2017 to a person not already a permittee. After said date,
the city council may choose at any time by resolution to
suspend or discontinue the issuance of renewal permits.
B. Permit Required To Install And Maintain: No bus stop bench
shall be installed or maintained unless a permit has been
obtained from the city building official, who has vested
authority to issue these permits. (Ord. 3226, 6-21-1982;
amd. Ord. 3409, 10-21-1985)
7-2B-5: BUS STOP BENCH FEES:
A. Bench Fees: The annual nonrefundable fee shall be twenty
five dollars ($25.00) for each new location application
form. A nonrefundable fee of seven dollars fifty cents
($7.50) shall accompany each relocation request. The
annual fees are assessed for each individual bus stop bench
and twelve dollars fifty cents ($12.50) shall be due on
April 1 every year and twelve dollars fifty cents ($12.50)
shall be due on October 1 every year. If the city requires
the permittee to remove or relocate a bus stop bench as
provided in section 7-2B-9, the annual fee shall be
refunded on a monthly pro -rata basis for the period from
the date on which such bench is removed until the ensuing
March 31. (Ord. 4692, 5-10-2004)
7-2B-6: CONDITIONS OF PERMIT:
A. Public Liability Insurance: The permittee shall file a
certificate of insurance with the city clerk, which shall
name the city as an additional insured and shall be
maintained in the amount of three hundred thousand dollars
($300,000.00) for liability coverage. The permittee shall
also enter into an agreement with the city to indemnify the
Page 169 of 177
Ordinance No.
Page 4
city for any and all liability which may arise out of the
use of the bus stop bench.
B. Permittee Responsibilities: By acceptance of a permit
required by this article, the permittee agrees to be bound
by this article and to comply with its requirements with
respect to each bus stop bench until the bench is removed,
whether or not there is a current permit in effect for such
bench. The permittee further agrees to inspect each bus
stop bench and to maintain the bus stop benches in a safe,
clean and sightly condition, suitable for use by persons
with disabilities from the point of departure from a public
sidewalk to a point of embarkation on or disembarkation
from a MET bus at the edge of the street. Within forty-
eight (48) hours following substantial completion of a snow
event that deposited two (2) or more inches of snow, or
within seventy-two (72) hours if warranted by heavy
snowfall conditions, the permittee shall remove snow and
ice from the bench, the cement pad on which it rests, and
at least four (4) feet in width of any additional area
connecting a public sidewalk (if one exists) with the bench
and the bench with the edge of the street, except with
respect to those specific bus stop benches for which the
city has consented in writing to be responsible for removal
of snow and ice. The permittee shall maintain an accurate
and up-to-date log showing dates and times of snow removal
and ice control activities at each location and shall make
the log available for inspection within forty-eight (48)
hours of request by the city planner or designee. The
permittee shall not permit grass or vegetation to grow to a
height exceed four (4) inches in any area under the bench,
within a perimeter of at least four (4) feet surrounding
the bench, and at least four (4) feet in width of any
additional area that is not cemented and connects a public
sidewalk (if one exists) with the bench and the bench with
the edge of the street.
C. Defend Litigation: A permittee shall defend, at his own
expense, any litigation arising from the installation,
maintenance or removal of a bus stop bench for which he
holds a permit or a bus stop bench that he owns but for
Page 170 of 177
Ordinance No.
Page 5
which he does not hold a permit. (Ord. 3226, 6-21-1982;
amd. Ord. 3409, 10-21-1985)
D. The permittee shall remove each bus stop bench in its
entirety at the permittee's sole expense within fifteen
(15) days after the permit therefor expires, unless the
city planner or designee approves an extended period, not
to exceed six (6) months, during which a particular bench
may remain in place but by the end of which such bench must
be removed by the permittee at its sole expense. Approval
of an extended period for placement of a bench shall be
subject to the city's right to require removal pursuant to
section 7-2B-9, except that the period in which removal
must occur shall be seven (7) days instead of 15. If the
permittee fails to remove the bench, then the bench shall
be deemed abandoned and the city may remove it and retain
or dispose of it in any manner according to the city's sole
discretion, and either charge the permittee with a
municipal infraction for each bench that permittee failed
to remove or charge the permittee for the city's reasonable
costs incurred in removing and disposing of any such bench.
7-2B-7: SPECIFICATIONS:
All bus stop benches installed in accordance with this article,
but not including benches installed by the city of Waterloo,
shall conform rigidly to the following specifications upon
installation and at all times thereafter until removal of the
bench:
A. The benches shall be not more than six feet (6') in length,
not to exceed forty two inches (42") in height and thirty
inches (30") in depth.
B. The benches must be of heavy construction to weigh not less
than four hundred (400) pounds.
C. The end pieces and legs shall be constructed of concrete.
D. The back rests shall be constructed of hardwood or plywood
not less than three-fourths inch (3/4") in thickness or
Page 171 of 177
Ordinance No.
Page 6
shall be constructed of plastic overlay plywood not less
than one-half inch (1/2") in thickness.
E. The seats shall be constructed of hardwood or plywood not
less than one and three-fourths inches (13/4") in thickness.
F. The several parts of the benches shall be joined by bolts
of three-eighths inch (3/8") or greater diameter. (Ord.
3226, 6-21-1982)
7-2B-8: ENFORCEMENT:
A. If any bus stop bench is found to be noncompliant with this
article or if complaints are received by the city
concerning the placement or maintenance of any bus stop
bench, the city shall deliver to the permittee by regular
mail at its last known address a written notice to bring
the bench into compliance. If the bus stop bench is not
brought into compliance within seven (7) days after the
notice has been mailed, then the city may declare such bus
stop bench to be a threat to public health, safety, and
welfare, and as such to constitute a nuisance which the
city may summarily abate or remedy at the violator's
expense. Abatement may take the form of removal of a
noncompliant bus stop bench and assessment to the permittee
of the city's reasonable costs incurred in removing and/or
disposing of any such bench. (Ord. 3226, 6-21-1982; amd.
Ord. 3409, 10-21-1985)
B. If the permittee fails to comply with the maintenance
standards prescribed by 7 -2B -6.B, then the city may perform
acts necessary to achieve such compliance, without notice
to permittee.
C. If the permittee violates any provision of this article it
shall be deemed guilty of a municipal infraction and, upon
conviction thereof, shall be fined as provided in section
1-3-2 of this code. Each separate bus stop bench with
respect to which a violation is committed or permitted to
continue shall constitute a separate offense and shall be
punishable as such hereunder.
Page 172 of 177
Ordinance No.
Page 7
7-2B-9: REPLACEMENT BY CITY BENCH:
If the city desires to install a bench of its own at any bus
stop bench location occupied by a permittee during the term of
the permit for such bench or at any location in the vicinity of
such bench, the city shall provide fifteen (15) days' advance
written notice by regular mail to the permittee at its last
known address, and the permittee shall remove said bench within
15 days after the date of mailing of said notice. If the
permittee fails to remove the bench, then the bench shall be
deemed abandoned and the city may remove it, retain it or
dispose of it in any manner according to the city's sole
discretion, and either charge the permittee with a municipal
infraction or charge the permittee for the city's reasonable
costs incurred in removing and disposing of the bench. The
permittee will also be allowed to relocate its bench to another
location for which permittee already has a permit, provided that
the permittee removes the existing bench at such alternate
location.
INTRODUCED:
PASSED 1st CONSIDERATION:
PASSED 2nd CONSIDERATION:
PASSED 3rd CONSIDERATION:
Page 173 of 177
Ordinance No.
Page 8
PASSED AND ADOPTED by the City Council of the City of
Waterloo, Iowa, on the day of , 2017, and approved
by the Mayor on the day of , 2017.
ATTEST:
Kelley Felchle,
City Clerk
Quentin Hart, Mayor
CERTIFICATE
I, Kelley Felchle, City Clerk of the City of Waterloo,
Iowa, do hereby certify that the preceding is a true and
complete copy of Ordinance No. as passed and adopted by
the Council of the City of Waterloo, Iowa, on the day of
, 2017.
Witness my hand and seal of office this day of
, 2017.
SEAL Kelley Felchle,
City Clerk
Page 174 of 177
CITY OF WATERLOO
Council Communication
Ordinance amending the 2007 Code of Ordinances of the City of Waterloo, Iowa, by repealing Title Seven,
Chapter 1, Section 4 Curb Cuts, Subsection H, and Title Seven, Chapter Three, Section Four Permits,
Subsection C in its entirety and enact in lieu thereof a new Title Seven, Chapter 1, Section 4 Curb Cuts,
Subsection H Contractor's Bond, and Title Seven, Chapter Three, Section Four Permits, Subsection C
Contractor's Bond.
City Council Meeting: 1/23/2017
Prepared: 1/12/2017
REVIEWERS:
Department Reviewer Action Date
Engineering Felchle, Kelley Approved 1/5/2017 - 11:53 AM
ATTACHMENTS:
Description Type
D Ordinance Changes Backup Material
SUBJECT:
Motion to receive, file, consider, and pass for the second time an ordinance
amending the 2007 Code of Ordinances of the City of Waterloo, Iowa, by
repealing Title Seven, Chapter 1, Section 4 Curb Cuts, Subsection H, and
Title Seven, Chapter Three, Section Four Permits, Subsection C in its
entirety and enact in lieu thereof a new Title Seven, Chapter 1, Section 4
Curb Cuts, Subsection H Contractor's Bond, and Title Seven, Chapter
Three, Section Four Permits, Subsection C Contractor's Bond.
Motion to suspend the rules.
Motion to receive, file, consider and pass for the third time and adopt said
ordinance.
Submitted by: Submitted By: Eric Thorson, City Engineer
Recommended Action: Approval.
Page 175 of 177
7-1-4: CURB CUTS:
H. Any person constructing driveways and/or curb cuts within the city must first file a right of way
construction bond with the city clerk in the sum of five thousand dollars ($5,000.00). The application
for such construction must be approved by the city council and conditioned upon the fulfillment of the
following
1. Faithful performance of all duties and regulations required by this chapter;
2. The faithful performance of every driveway and sidewalk specification on file in the city engineer's
reconstruction or repair of driveways and/or curb cuts within the city;
3. The prompt payment to the city of any sums that may become due for any reason or under this
chapter;
4. The prompt payment of all fines imposed upon said person for a violation of this chapter, which
violations occur during the life of the bond; and
5. Upon indemnifying and keeping the city harmless from any liability arising from said person's
constructing or reconstructing driveways and/or curb cuts within the city. (Rev. Ord. 113, Comp.
1941, p. C amd. Ord. 2878, 4 18 1977; Ord. 3058, 10 15 1979; Ord. 3774, 3 11 1991; Ord. 3777,
3 25 1991)
H. Contractor's Bond: Any person constructing driveways and/or curb cuts within the city must first file
a right-of-way construction bond with the City Clerk in the sum of fifteen thousand dollars
($15,000.00), effective upon publication. This section does not apply to city employees working in
an official capacity, Waterloo Water Works, city contracts, or city franchise agreements. The
application for such construction must be approved by the city council and conditioned upon the
fulfillment of the following:
1. Faithful performance of all duties and regulations required by this chapter;
2. Faithful performance of every curb cut specification on file in the City Engineer's Office,
and/or any provision of this code or other city ordinance regulating the construction,
reconstruction or repair of curb cuts within the city;
3. Prompt payment to the City of any sums that may become due for any reason or under
this chapter;
4. Prompt payment of all fines imposed upon said person for a violation of this chapter, which
violations occur during the life of the bond; and
5. Upon indemnifying and keeping the city harmless from any liability arising from said
person's constructing or reconstructing curb cuts within the city.
7-3-4: PERMITS:
C. Persons Eligible For Permit: No permit required by this chapter shall be issued to any person not
holding and having a franchise, license or contract for which satisfactory bonds have been given
Page 176 of 177
to protect and hold the city harmless against carelessness and neglect and otherwise to do and
perform all such acts as the provisions of this codc and other ordinanccs of the city, and the
provisions of the contract require.
C. Contractor's Bond: Any person desiring to excavate or perform pavement repairs within the city must
first file a right-of-way construction bond with the City Clerk in the sum of fifteen thousand dollars
($15,000.00), effective upon publication. This section does not apply to city employees working in
an official capacity, Waterloo Water Works, city contracts, or city franchise agreements. The
application for excavation must be approved by the city council and conditioned upon the fulfillment
of the following:
1. Faithful performance of all duties and regulations required by this chapter;
2. Faithful performance of every excavation specification on file in the City Engineer's Office,
and/or any provision of this code or other city ordinance regulating excavation within the city;
3. Prompt payment to the City of any sums that may become due for any reason or under
this chapter;
4. Prompt payment of all fines imposed upon said person for a violation of this chapter, which
violations occur during the life of the bond; and
5. Upon indemnifying and keeping the city harmless from any liability arising from said
person's excavating within the city.
Page 177 of 177