HomeMy WebLinkAboutCouncil Packet - 11/13/2017Amended Council Agenda Items
Council Meeting
Monday, November 13, 2017
K NDi
Public Hearing Item 92.
Item amended to correct contractor name and dollar amount by adding "Woodruff Construction,
LLC of Waterloo, Iowa" and "$65,52211.
2. Resolution awarding bid to Woodruff Construction, LLC of Waterloo, Iowa, for the Hangar No.
4 Rehabilitation Project, at the Waterloo Regional Airport, via IDOT Project No. 9 -I -180 -ALO -
200, and IDOT Contract No. 19559, in the amount of $65,522 and authorize the Mayor and City
Clerk to execute said document.
Add Item 13
Resolution affirming support of the Federal Historic Tax Credit Program.
Added for council consideration ahead of voting at the federal level.
THE C I TY C O U N C I L O F THE C I TY O F WATE R LO O, I O WA,
R E G U LA R S E SS I O N TO B E HE LD AT
TH E HA R O LD E. G E TTY C O U N C I L C H A M B E R S
M onday, November 13, 2017
5:30 PM
CITY OF WATERLOO
GOALS
1. S upport the creatio n o f new, livab le wage jo b s through a b alanc ed econo mic d evelopment
ap p ro ach of as s is ting existing b us ines s es , fo s tering s tart-ups, attrac ting new emp lo yers
and c ultivating an ad eq uate workfo rce.
2. Implement a C ommunity P o lic ing s trategy that creates a s afe enviro nment in Waterlo o .
3. R ed uc e the C ity's property tax levies thro ugh a respons ib le b alanc e of cost reductio n in
C ity operatio ns and inc reas es in taxab le property valuations to ens ure that Waterloo is a
c ompetitive, affo rd ab le, and livab le c ity.
4. Enhanc e the image o f Waterloo and the C ity to residents and bus ines s es inside and
o uts id e of the c o mmunity.
G eneral Rul es for P ubl i c P arti ci pati on
1. At the c hair/p res id er's disc retio n, yo u may ad d res s an item on the c urrent agend a by
s tepping to the podium, and after rec o gnition by the chair/pres id er, s tate your name,
ad d res s and gro up affiliation (if appropriate) and speak c learly into the mic ro p hone.
2. Yo u may s p eak o ne (1) time per item fo r a maximum of five (5) minutes as lo ng as you
have regis tered with the C ity C lerk's offic e no later than 4:00 p .m. on the d ay o f the
C o uncil Meeting. If not regis tered with the C ity C lerk's offic e you may speak one (1) time
p er item for a maximum o f three (3) minutes .
3. If there is a hearing sc heduled as part of an agend a item, the c hair/pres ider will allo w
everyo ne who wis hes to ad d res s the c o uncil, us ing the s ame p artic ip ation guidelines found
in thes e "general rules".
4. Altho ugh not required by c ity c ode o f ordinanc es , o ral presentations may be allo wed at
the c hair/p res id er's (us ually the Mayor o r Mayor P ro Tem) dis c retio n. T he "o ral
p res entations " sec tion of the agend a is your opportunity to ad d res s items no t o n the
agend a. You may speak one (1) time fo r a maximum of five (5) minutes as lo ng as you
have regis tered with the C ity C lerk's offic e no later than 4:00 p .m. on the d ay o f the
C o uncil Meeting. If not regis tered with the C ity C lerk's offic e a s peaker may speak to one
(1) is s ue p er meeting for a maximum of three (3) minutes . O ffic ial actio n cannot be taken
b y the C ounc il at that time, b ut may b e plac ed on a future agenda o r referred to the
ap p ro p riate d ep artment.
5. Keep c o mments germane and refrain from p ers o nal, impertinent or s landerous remarks .
6. Q ues tions c o nc erning thes e rules o r any agend a item may be direc ted to the C lerk's O ffice
at 291-4323.
7. C itizens are enc o uraged to regis ter with the C lerk's O ffic e by 4:00 p .m. on Mo nday of the
d ay o f the C ity C ounc il meeting to ap p ear before the C ity C ounc il (may also register by
p hone). R egistered speakers will b e given first priority.
Page 1 of 131
Roll Call.
Prayer or Moment of Silence
Pledge of Allegiance
Jim Sullivan, Kelly Sullivan, Murray Davidson and Tom Davidson
Agenda, as proposed or amended.
Minute s of Nov embe r 6, 2017, Re gular Session, as propose d.
Proclamation de claring Nov embe r 13-19, 2017 as Re gistere d Apprentice ship
Appre ciation and Aware ne ss We e k
Proclamation de claring Nov embe r 13, 2017, as the 75th Anniv e rsary of the Loss of
the Fiv e Sulliv an Brothe rs at the Battle of Guadal Canal
ORAL P RES ENTAT I ONS
I owa C ode 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.
T he City of Waterloo encourages the public to participate during the Oral
P resentations by f ollowing the rules listed on the f ront of the agenda.
1.Conse nt Agenda:
(The fol lowing items will be acted upon by voice vote on a si ngle motion without
separate discussion, unless someone from the counci l or publ ic requests that a
speci fi c i tem 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 the request of Joe and Jill Leibold for tax exemptions on the
construction of a single family home valued at $223,500 for property located
at 1217 Partridge Lane, and located in the City Limits Urban Revitalization Area
(CLURA).
Submitted By: Noel Anderson, Community Planning & Development Director
3.Resolution approving the request of Dana McDougall for tax exemptions on the
construction of a single family home valued at $307,210 for property located
at 1207 Partridge Lane, and located in the City Limits Urban Revitalization Area
(CLURA).
Submitted By: Noel Anderson, Community Planning & Development Director
4.Resolution approving the request of Cammie Scully for tax exemptions on the
construction of home improvements valued at $120,000 for a property located at
605 Riverside Drive and located within the Consolidated Urban Revitalization
Page 2 of 131
Area (CU R A).
Submitted By: Noel Anderson, Community Planning & Development Director
5.Resolution approving the request of Steven Stoakes for tax exemptions on the
construction of home improvements valued at $57,568.71 for a property located at
319 Independence Ave. and located within the Consolidated Urban Revitalization
Area (CU R A).
Submitted By: Noel Anderson, Community Planning & Development Director
6.Resolution setting a date of public hearing as November 27, 2017 to approve the
sale and conveyance of city owned property located adjacent to 1947 Rainbow
Drive, in the amount of $1.00 per lot, to Shay Trask including a Development
Agreement, and instruct City Clerk to publish said notice.
Submitted By: Noel Anderson, Director Community Planning and Development
7.Resolution approving cancellation of special assessment in the amount of $48.70
for delinquent garbage, storm and sewer fees for property located at 1641 Cherry
Hills Drive, and authorize City Clerk to notify Black Hawk County Treasurer of
said cancellation.
Submitted By: Kelley Felchle, City Clerk
8.Resolution canceling council meeting scheduled for December 26, 2017 due to
the holidays.
Submitted By: Kelley Felchle, City Clerk
B.Motion to approve the following:
1.T RAV EL R EQ U ES T S
a.P.O. Girsch
Class/Meeting: Rifle Instructor Recertification School
Destination: Johnston, IA
Dates: November 15,
2017
Amount not to exceed: $175
2.L I QUOR L I C ENS ES
a.Cherry Cree k Grill, 1850 W. Ridgeway Ave nue
Class: C Liquor w/Outdoor Service
Renewal Application Includes Sunday
Expiration Date: 10/31/2018
b.D'Vine Medical Spa, 2515 Cy clone Driv e
Class: C Liquor
Renewal Application Does not include Sunday
Expiration Date: 11/30/2018
c.King Star, 127 Jeffe rson Stre et
Class: E Liquor
Renewal Application Includes Sunday
Expiration Date: 11/6/2018
d.Mama Nick's Circle Pizze ria, 1934 Washington Stree t
Class: C Liquor
Page 3 of 131
Renewal Application Includes Sunday
Expiration Date: 9/9/2018
e.Placita, 322 W. 4th Stre et
Class: B Beer
Renewal Application Includes Sunday
Expiration Date: 11/30/2018
f.The Saloon, 303 W. 4th Stree t
Class: C Liquor w/Outdoor Service
Renewal Application Does not include Sunday
Expiration Date: 11/14/2018
g.Thre e Amigo's Family Restaurant, 2820 Falls Av enue
Class: C Liquor
Renewal Application Includes Sunday
Expiration Date: 8/24/2018
PUBLI C HEARI N GS
2.Hangar No. 4 Re habilitation Project, at the Waterloo Re gional Airport, v ia I DOT
Proje ct No. 9-I -180-A L O-200, and I DOT Contract No. 19559.
Motion to receive and file proof of publication of notice of public hearing.
H OL D HEARIN G - No comments on file.
Motion to close hearing and receive and file oral and written comments.
Resolution confirming approval of specifications, form of contract, etc.
Resolution authorizing to proceed.
Motion to receive and file and instruct City Clerk to read bids.
Resolution awarding bid to Woodruff Construction, LL C of Waterloo, Iowa, for
the Hangar No. 4 Rehabilitation Project, at the Waterloo Regional Airport, via ID OT
Project No. 9-I-180-ALO-200, and IDOT Contract No. 19559, in the amount of $65,522
and authorize the Mayor and City Clerk to execute said document.
Submitted By: Keith Kaspari, Airport Director
R ES OLUTI ONS
3.Motion approving Change Order No. 5, final quantity summary, for a net decrease of
$62,838.39, for the FY 2017 Bridge Deck Repair and Overlay Program, Contract No.
879, and authorize the Mayor and City Clerk to execute said document.
Submitted By: Dennis Gentz, P E, Assistant City Engineer
4.Resolution approving Completion of Project and Recommendation of Acceptance of
Work for work performed by Boulder Contracting, LL C, of Grundy Center, Iowa, at a
total cost of $1,382,794.18 in conjunction with the FY 2017 Bridge Deck and Overlay
Program, Contract No. 879, and receive and file two (2) year maintenance bond.
Submitted By: Eric T horson, PE, City Engineer
5.Resolution approving Professional Services Agreement with Nutri-Ject Systems, Inc. of
Hudson, Iowa in an amount not to exceed $36,140, for bio-solids removal services, and
authorize the Mayor to execute said document.
Page 4 of 131
Submitted By: Steven Hoambrecker, Director, Waste Management Services
6.Resolution approving Professional Services Supplemental Agreement No. 3,
with AECOM Technical Services, Inc. of Waterloo, Iowa, in an amount not to exceed
$9,230, in conjunction with the F Y 2016 Shaulis Road Trail Extension - Phase I,
Contract No. 858, and authorize the Mayor to execute said document.
Submitted By: Jeff Bales, Associate Engineer
7.Resolution approving Professional Services Supplemental Agreement No. 1,
with Ament Design of Cedar Rapids, Iowa, in an amount not to exceed $6,715, in
conjunction with the F Y 2018 Ansborough Avenue Improvements, Contract No. 942,
and authorize the Mayor to execute said document.
Submitted By: Jeff Bales, Associate Engineer
8.Resolution approving an Amendment to the Development Agreement with BCS
Properties, LL C and the City of Waterloo, to add additional land into the Development
Agreement area, and authorize the Mayor and City Clerk to execute said documents.
Submitted By: Noel Anderson, Community Planning & Development Director
9.Resolution approving a Professional Services Agreement with HR Green, Inc. of
Cedar Rapids, Iowa, in the amount of $364,200, in conjunction with implementation of
the United States Environmental Protection Agency Community-wide Brownfields
Hazardous Substances Assessment Grant, and authorize the Mayor t o execute said
agreement.
Submitted By: Noel Anderson, Community Planning & Development Director
ORDI NANCES
10.An Ordinance amending Ordinance No. 5079, as amended, City of Wate rloo
Zoning Ordinance, by ame nding Section 10-3-1 Definition of Impound Yard and
Re cycling, Junk or Salvage Yards, and Section 10-27-1(H)(8) Spe cial Permit
Re gulations for Re cycling, Junk and Salvage Yards and othe r misce llane ous
updates.
Motion to receive, file, consider and pass for the second time an Ordinance amending
Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending
Section 10-3-1 Definition of Impound Yard and Recycling, Junk or Salvage Yards,
and Section 10-27-1(H)(8) Special Permit Regulations for Recycling, Junk and
Salvage Yards and other miscellaneous updates.
Motion to suspend the rules.
Motion to consider and pass for the third time and adopt said ordinance.
Submitted By: Aric Schroeder, City Planner
11.An Ordinance amending the City of Wate rloo Code of Ordinances by adding a
ne w Title 5 Chapte r 2 Section 13 Fire works.
Motion to receive, file, consider, and pass for the first time an ordinance amending the
City of Waterloo Code of Ordinances by adding a new Title 5, Chapter 2, Section 13-
Fireworks.
Motion to suspend the rules.
Motion to receive, file, consider, and pass for the second and third times and adopt said
ordinance.
Page 5 of 131
Submitted By: Kelley Felchle, City Clerk
OTHE R COUNCI L BUS I N ES S
12.Motion approv ing Change Order No. 3, for a ne t increase of $57,446.80, and
Change Orde r No. 4, for a net increase of $34,291.32, for the FY 2017 Stree t
Re construction Program, Contract No. 921, and authorize the May or and City
Cle rk to e xe cute said docume nts.
Submitted By: Dennis Gentz, P E, Assistant City Engineer
EX ECUTI V E SESS I ON
Motion to adjourn to E xecutive S ession
13.Executive Session on acquisition of property pursuant to Iowa Code Section 21.5(1)(j)
(2017).
Motion to adjourn Executive Session
A D JOU R NMENT
M otion to adjourn.
Kelley Felchle
City Clerk
MEE T I N GS
3:50 p.m. Council Work Session, Harold E. Getty Council Chambers
4:45 p.m. Waterloo Housing Authority, Harold E. Getty Council Chambers
5:10 p.m. Finance Committee, Harold E. Getty Council Chambers
PUBLI C I NF ORM AT I ON
1.Airport Board Meeting Minutes, September 26, 2017.
Page 6 of 131
C ITY OF WATER LOO
Council Communication
Minutes of Novemb er 6, 2017, R egular S ess io n, as p ro p o s ed .
City Council Meeting: 11/13/2017
Prepared:
R EV I EWER S :
D epartment R eviewer Action D ate
C lerk O ffice H igby, Nancy Approved 11/7/2017 - 9:07 AM
ATTA C H M EN TS :
Description Type
M inutes of 11/6/17 B ackup M aterial
S ub mitted by:S ubmitted By:
Page 7 of 131
November 6, 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 Monday, November 6, 2017. Mayor Quentin Hart in the Chair. Roll Call:
Jacobs, Morrissey, Powers, Lind, Amos, Schmitt, and Welper.
Prayer or Moment of Silence: Pastor Jason Falck from Walnut Ridge Baptist Church
Pledge of Allegiance: Sandie Greco, Interim Public Works Director
146175 - Welper/Schmitt
that the Agenda, as proposed, for the Regular Session on Monday, November 6, 2017, at 5:30 p.m.,
be accepted and approved. Voice vote-Ayes: Seven. Motion carried.
146176 - Welper/Schmitt
that the Minutes, as proposed, for the Regular Session on Monday, October 23, 2017, at 5:30 p.m.,
be accepted and approved. Voice vote-Ayes: Seven. Motion carried.
Recognition of Waterloo Fire Rescue Business Commendation to Warren Transport, Inc, and
Civilian Commendation to Lance Votroubek, Glynna Borwig, and Jeff Wilson.
Recognition of coaches and players of the year in Optimist Club Flag Football.
ORAL PRESENTATIONS
Robert Frost, 4740 Clover Lane, commented on the slow response to get emergency sirens fixed in
the community. He further commented on the double yellow line on Ansborough and Hoff Road
and that it will become increasingly dangerous as more bikes start to use the intersection.
Don Share, 1415 Downing Avenue, invited everyone in the committee to vote tomorrow.
David Dreyer, 3145 W. 4th Street, questioned the status of Lafayette School property, Rath Packing
Development Agreement, and if the Courier building is for sale.
Jon Sherbon, 1715 Robin Road, thanked the Fire Department for their caring and professional work.
He further commented that it would be good to know the number of people who are for or against an
issue when council receive comments.
Mr. Morrissey mentioned that November 17th is adoption day at Black Hawk County Courthouse
and that it is important to support families in the community.
Council Reports
Mr. Morrissey provided an overview of issues discussed at his monthly ward meeting. Bicyclists
have reached out to him to ask that developers create a plan for detours for pedestrians and bicyclists
for downtown construction projects.
Mr. Powers commented on several community events he recently attended and shared a few of the
positive things that are going on in Waterloo.
Mayor Hart commented that a strategic plan update meeting will take place at the end of the month
along with outreach that the Mayor and council need to be working on. The city is currently in audit
mode and once the audit is done budget discussions will begin. He further explained that he met
with Governor Reynolds and the Lt. Governor and the Executive Board of the Iowa League of Cities
on the commercial roll back and that a consent decree update will take place next week.
146177 - Welper/Schmitt
that the above oral comments be received and placed on file. Voice vote-Ayes: Seven. Motion
carried.
CONSENT AGENDA
Page 8 of 131
November 6, 2017
Page 2
146178 - Welper/Schmitt
that the following items on the consent agenda be received, placed on file and approved:
a. Resolutions to approve the following:
1. Resolution approving Finance Committee Invoice Summary Report, dated November 6,
2017, in the amount of $1,959,371.92 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- 900.
2. Resolution setting a date of public hearing as November 20, 2017 to approve the request by
Standard Distribution Company, Inc. for a site plan amendment to the “M-2, P” Planned
Industrial District to allow for the construction of a 50,000 square foot industrial building
with a 26 acre laydown yard, located just north of 3040 Leversee Road, and instruct City
Clerk to publish said notice.
Resolution adopted and upon approval by Mayor assigned No. 2017- 901.
3. Resolution approving setting a date of public hearing as November 20, 2017 to approve the
sale and conveyance of city owned property located north of 3040 Leversee Road, in the
amount of $1.00, to SDC Real Estate, L.L.C., including a Development Agreement, and
instruct City Clerk to publish said notice.
Resolution adopted and upon approval by Mayor assigned No. 2017- 902.
4. Resolution setting a date of public hearing as November 20, 2017 to approve the sale and
conveyance of city owned property located near Chalmers Drive and at the Northeast corner
of Ansborough and Upton Avenue, in the amount of $15,001, to Village Creek Rentals, LLC,
including a Development Agreement, and instruct City Clerk to publish said notice.
Resolution adopted and upon approval by Mayor assigned No. 2017- 903.
5. Resolution approving preliminary plans, specifications, form of contract, etc., setting date of
bid opening as December 14, 2017 and date of public hearing as December 18, 2017 for the
construction of a vehicle/evidence storage facility, and instruct the City Clerk to publish said
notice.
Resolution adopted and upon approval by Mayor assigned No. 2017- 904.
6. Request from Jack Wilson for a waiver for a concrete driveway located at 827 and 829 E.
Ridgeway Avenue with the elimination of the sidewalk section due to the inability to meet
grade requirements.
Resolution adopted and upon approval by Mayor assigned No. 2017- 905.
7. Request from Iowa Heartland Habitat for Humanity for a waiver for a concrete driveway
located at 721 Eureka Street and authorizing the construction of a concrete driveway and
placing a driveway or sidewalk on city right-of-way on an unimproved street.
Resolution adopted and upon approval by Mayor assigned No. 2017- 906.
8. Request from Hawkeye Community College for a waiver for a concrete driveway located at
6315 Hammond Avenue and authorizing the construction of a concrete driveway and placing
a driveway or sidewalk on city right-of-way on an unimproved street.
Resolution adopted and upon approval by Mayor assigned No. 2017- 907.
9. Request from Linda Gaul for a waiver to use colored concrete on the concrete approach
located at 4238 Suburban Drive.
Resolution adopted and upon approval by Mayor assigned No. 2017- 908.
Page 9 of 131
November 6, 2017
Page 3
10. Resolution approving preliminary plans, specifications, bid documents, etc., setting a date of
bid opening as November 16, 2017, and setting a date of public hearing as November 20,
2017, for the Flow Equalization Facility Overflow Connect to Satellite WPCF, City Contract
No. 880, and instruct City Clerk to publish notice.
Resolution adopted and upon approval by Mayor assigned No. 2017- 909.
b. Motion to approve the following:
1. Travel Requests
Name & Title of
Personnel Class/Meeting Destination Date(s)
Amount
not to
Exceed
a. P.O. Suljic Street Survival
Seminar
Waterloo,
IA
July 25-26,
2017
$229
b. Chris Western, Planner II,
Brownfields Coordinator
Brownfields 2017
Conference
Pittsburgh,
PA
Dec. 4-7,
2017
$1,725
2. Approved Beer, Liquor, and Wine Applications
Name & Address of
Business Class New or
Renewal
Expiration
Date
Includes
Sunday
a. HyVee #1 Clubroom,2834
Ansborough Avenue
Special C Liquor Renewal 10/16/2018 x
b. HyVee Wine and Spirits #1,
2126 Kimball Avenue
B Wine / C Beer / E
Liquor
Renewal 11/14/2018 x
c. Kings and Queens, 304 W.
4th Street
C Liquor
w/Outdoor Service
Renewal 11/15/2018 x
d. Kings and Queens, 304 W.
4th Street *Ownership
Update*
C Liquor
w/Outdoor Service
New 11/16/2018 x
e. Neighborhood Mart, 2102
Lafayette Street
B Wine / C Beer / E
Liquor
New 11/14/2018 x
f. WCA Building &
Amphitheatre, 225
Commercial Street
Special C Liquor Renewal 6/21/2018 x
g. Z's Restaurant & Lounge,
3937 W. Airline Highway
C Liquor Renewal 10/31/2018
3. Mayor Hart’s recommendation of the following appointments:
Appointee Board/Commission Expiration Date New or Re-
Appointment
Ryan Vestal Board of Electrical
Examiners and Appeals 11/1/2020 Re-appointment
Richard Mott Board of Electrical
Examiners and Appeals 11/10/2020 Re-appointment
Matthew Chapman Board of Electrical
Examiners and Appeals 11/10/2020 Re-appointment
Mike Fereday
Heating, Ventilation &
Air Conditioning
Mechanical Board for
Licensing & Appeals
11/10/2020 Re-appointment
Julie Gardner
Heating, Ventilation &
Air Conditioning
Mechanical Board for
Licensing & Appeals
11/10/2020 Re-appointment
Travis Young
Heating, Ventilation &
Air Conditioning
Mechanical Board for
11/10/2020 Re-appointment
Page 10 of 131
November 6, 2017
Page 4
Licensing & Appeals
Mike Mrzlak Memorial Hall
Commission 12/31/2020 Re-appointment
Craig White Memorial Hall
Commission 12/31/2020 Re-appointment
Denise Dermody ADA Compliance
Commission 11/6/2020 New
4. Motion to receive and place on file the 2016 Audit of the Waterloo Water Works.
5. Bonds.
Roll call vote-Ayes: Seven. Motion carried.
PUBLIC HEARINGS
146179 - Schmitt/Welper
that proof of publication of notice of public hearing on Amendment to the City of Waterloo Zoning
Ordinance No. 5079 to update multiple sections regarding regulations for Recycling, Junk or
Salvage Yards and other miscellaneous updates, as published in the Waterloo Courier on October 27,
2017, be received and placed on file. Voice vote-Ayes: Seven. Motion carried.
This being the time and place of public hearing, the Mayor called for written and oral comments.
John Sherbon, 1715 Robin Road, commented that most of the regulations are federal and that he
does not see why the city has waited around so long to get the ordinance approved.
146180 - Schmitt/Welper
that the hearing be closed and oral comments and recommendation of approval of the Planning,
Programming and Zoning Commission, be received and placed on file. Voice vote-Ayes: Seven.
Motion carried.
146181 - Schmitt/Welper
that “an Ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance,
by amending Section 10-3-1 Definition of Impound Yard and Recycling, Junk or Salvage Yards,
and Section 10-27-1(H)(8) Special Permit Regulations for Recycling, Junk and Salvage Yards”, be
received, placed on file, considered and passed for the first time. Roll-call vote-Ayes: Seven. Motion
carried.
Aric Schroeder, City Planner, provided an overview of the proposed changes in the ordinance, which
include incorporating provisions of the Iowa ICARE Program.
Mr. Schmitt questioned if the city has had recycling yards in violation of state or federal regulations.
Aric Schroeder explained that he is not aware of violations and that salvage yards are inspected at
least once a year.
Mr. Morrissey commented that he has heard that locations on Black Hawk Road and Broadway are
not in compliance. He further questioned the grandfathering clause in the ordinance and if locations
under five acres with violations would be receive benefit of the grandfathering.
Aric Schroeder explained that none of the licensed yards are in violation but unlicensed yards have
received tickets. He explained that only one recycling yard that is less than five acres will be
grandfathered in and will have to go through an inspection. The location on Broadway would not fit
under the grandfather clause.
Mr. Morrissey commented that residents he has heard from are not in favor of a recycling yard on
Broadway.
Page 11 of 131
November 6, 2017
Page 5
Aric Schroeder explained that the Broadway site is currently unable to apply due to the moratorium
that is set to lapse in early December.
Mr. Morrissey questioned if the ordinance would have an impact on the existing citations.
Aric Schroeder explained that he does not believe that the ordinance would impact current tickets.
Mr. Schmitt questioned the timeliness of this item.
Aric Schroeder explained there is nothing urgent that would require the rules be suspended.
146182 - Schmitt/Welper
that rules requiring ordinances to be considered and voted for passage at two prior meetings be
suspended. Roll-call vote-Ayes: Two. Nays: Five (Jacobs, Morrissey, Lind, Amos, and Schmitt).
Motion failed.
Mayor Hart explained that Item 3, Public Hearing for the Flow Equalization Facility Overflow
Connect to Satellite WPFC, has been cancelled and will be rescheduled to a later date.
146183 - Amos/Schmitt
that proof of publication of notice of public hearing on the sale and conveyance of city owned
property to Rebel Saffold Jr. and Rhonda S. Saffold to purchase city owned property generally
located at 408 and 414 Fowler Street, with Development Agreement, as published in the Waterloo
Courier on October 27, 2017, be received and placed on file. Voice vote-Ayes: Seven. Motion
carried.
This being the time and place of public hearing, the Mayor called for written and oral comments and
there were none.
146184 - Amos/Schmitt
that the hearing be closed. Voice vote-Ayes: Seven. Motion carried.
146185 - Amos/Schmitt
that “Resolution authorizing sale and conveyance of city owned property located at 408 and 414
Fowler Street, to Rebel Saffold Jr. and Rhonda S. Saffold in the amount of $1.00 per property, and
authorizing the Mayor and City Clerk to execute said agreement”, be adopted. Roll-call vote-Ayes:
Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2017- 910.
146186 - Amos/Schmitt
that “Resolution approving a Development Agreement with Rebel Saffold Jr. and Rhonda S.
Saffold for the property located 408 and 414 Fowler Street, and authorizing the Mayor and City
Clerk to execute said agreement”, be adopted. Roll-call vote-Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2017- 911.
146187 - Welper/Amos
that proof of publication of notice of public hearing on the sale and conveyance of city owned
property located at the northeast corner of Idaho Street and Martin Luther King, Jr. Drive to The
Overland Group, LLC in the amount of $25,000, and approving a Purchase and Sale Contract, as
published in the Waterloo Courier on October 27, 2017, be received and placed on file. Voice vote-
Ayes: Seven. Motion carried.
This being the time and place of public hearing, the Mayor called for written and oral comments.
Page 12 of 131
November 6, 2017
Page 6
David Dreyer, 3145 W. 4th Street, questioned what determines selling property for $25,000 vs.
$1.00.
Noel Anderson, Community Planning and Development Director, explained that the applicants
where aware of the city policy where they could apply for the purchase in the amount of one dollar,
but chose to offer the $25,000.
146188 - Welper/Amos
that the hearing be closed and oral comments be received and placed on file. Voice vote-Ayes:
Seven. Motion carried.
146189 - Welper/Amos
that “Resolution approving the sale and conveyance of city owned property located at the northeast
corner of Idaho Street and Martin Luther King, Jr. Drive to The Overland Group, LLC in the amount
of $25,000, and authorizing the Mayor and City Clerk to execute said documents”, be adopted. Roll-
call vote-Ayes: Seven. Motion carried.
Mr. Schmitt requested an overview of the item.
Noel Anderson provided an overview of the proposed sale and development of the property.
Mr. Schmitt requested information about The Overland Group.
Matt Miehe, 1836 Westchester Road, explained that though he could not provide information on the
intended use, he could confirm they were going to build.
Mr. Schmitt asked if the partners of the group could be identified.
Matt Miehe explained that they are an out of state entity.
Resolution adopted and upon approval by Mayor assigned No. 2017- 912.
146190 - Welper/Morrissey
that “Resolution approving Purchase and Sale Contract between The Overland Group, LLC and the
City of Waterloo, Iowa, for the purchase of city-owned property located at the northeast corner of
Idaho Street and Martin Luther King, Jr. Drive, and authorizing the Mayor and City Clerk to execute
said documents”, be adopted. Roll-call vote-Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2017- 913.
146191 - Morrissey/Welper
that proof of publication of notice of public hearing on the FY 2018 Levee Tree Clearing Cedar
River, Contract No. 938, as published in the Waterloo Courier on October 23, 2017, be received and
placed on file. Voice vote-Ayes: Seven. Motion carried.
This being the time and place of public hearing, the Mayor called for written and oral comments and
there were none.
146192 - Morrissey/Welper
that the hearing be closed. Voice vote-Ayes: Seven. Motion carried.
146193 - Morrissey/Welper
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- 914.
Page 13 of 131
November 6, 2017
Page 7
146194 - Morrissey/Welper
that “Resolution authorizing to proceed”, be adopted. Roll-call vote-Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2017- 915.
146195 - Morrissey/Welper
Motion to receive and file and instruct City Clerk to read bids and refer to City Engineer for review.
Estimate: $337,713. 00
Bidder Bid Security Bid Amount
Vieth Construction
Cedar Falls, IA 5% $134,353.00
Hatch Grading & Contracting
Dysart, IA 5% $339,703.50
J Pettiecord
Bondurant, IA 5% $263,241.50
Twin City Tree Service, LLC
Waterloo, IA
Check 5%
#101566640
$242,312.90
Peterson Contractors, Inc.
Reinbeck, IA 5% $453,538.10
Lodge Construction, Inc.
Clarksville, IA 5% $291,380.70
Voice vote-Ayes: Seven. Motion carried.
RESOLUTIONS
146196 - Schmitt/Powers
that “Resolution approving a Professional Services Agreement with AECOM Technical Services,
Inc. for design services associated with the completion of the Categorical Exclusion Amendment for
the FY-2018 FAA funded project at Waterloo Regional Airport in the amount of $31,700, and
authorize the Mayor to execute said document”, be adopted. Roll-call vote-Ayes: Seven. Motion
carried.
Resolution adopted and upon approval by Mayor assigned No. 2017- 916.
146197 - Schmitt/Powers
that “Resolution approving Convention and Visitors Bureau Board recommendations for funding the
following hotel-motel mini grant application for the Senior Scratch Bowling Association/Cadillac
XBC in the amount of $2,231”, be adopted. Roll-call vote-Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2017- 917.
146198 - Schmitt/Powers
that “Resolution approving the contract with Tyson Fresh Meats, Inc. of Waterloo, Iowa, and the
Iowa Economic Development Authority for High Quality Jobs Program-Tax Credit Component
Incentives, and authorize the Mayor and City Clerk to execute said document”, be adopted. Roll-call
vote-Ayes: Seven. Motion carried.
David Dreyer, 3145 W. 4th Street, questioned how much of the incentive is paid for by citizens of
Waterloo.
Noel Anderson explained that Tyson is not located in a TIF District and explained that the city is a
local sponsor for the contractor and that a tax abatement would be provided as determined by Black
Hawk County.
Page 14 of 131
November 6, 2017
Page 8
Resolution adopted and upon approval by Mayor assigned No. 2017- 918.
146199 - Amos/Morrissey
that “Resolution approving FY 2018-2023 Airport Capital Improvement Plan for the Waterloo
Regional Airport”, be adopted. Roll-call vote-Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2017- 919.
146200 - Amos/Morrissey
that “Resolution awarding the recycling processing facility to support the City of Waterloo's
Curbside Recycling Program bid to Cedar Valley Recycling & Transfer of Waterloo, Iowa in the
amount of $32,000, for a period of one (1) year and approving contract, bond and certificate of
insurance and authorize the Mayor and City Clerk to execute said documents”, be adopted. Roll-call
vote-Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2017- 920.
146201- Amos/Morrissey
that “Resolution approving Final Quantity Summary for a net increase of $8,007.85 for the FY 2017
Sergeant Road Trail Bridge No. 1 Replacement, Contract No. 917, and authorize the Mayor and City
Clerk to execute said document”, be adopted. Roll-call vote-Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2017- 921.
146202 - Morrissey/Powers
that “Resolution approving Completion of Project and Recommendation of Acceptance of Work for
work performed by Lodge Construction, Inc. of Clarksville, Iowa, at a total cost of $74,163.13 for
the FY 2017 Sergeant Road Trail Bridge No. 1 Replacement, Contract No. 917, and receive and file
two (2) year maintenance bond”, be adopted. Roll-call vote-Ayes: Seven. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2017- 922.
146203 - Morrissey/Powers
that “Resolution approving a Professional Services Agreement with Great Plains Survey, Inc. for
land surveying services within the Northeast Industrial area, in an amount not to exceed $34,101,
and authorize the Mayor to execute said document”, be adopted. Roll-call vote-Ayes: Seven.
Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2017- 923.
146204 - Morrissey/Amos
that “Resolution approving the Agreement for Subdivision Platting with Roger T. Kalsem, Jeffrey
L. Swartzendruber and Patricia Swartzendruber, and authorize the Mayor and City Clerk to execute
said documents”, be adopted. Roll-call vote-Ayes: Six. Abstain: One (Schmitt due to family
relation). Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2017- 924.
146205 - Morrissey/Amos
that “Resolution approving a variance to the requirements of the Subdivision Ordinance in Section
11-3-2 Preliminary Plats and Section 11-3-3 Final Plats, relating to approval of a Plat of Survey of
Parcel E located adjacent to the proposed extension of Bay Berry Drive”, be adopted. Roll-call vote-
Ayes: Six. Abstain: One (Schmitt due to family relation). Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2017- 925.
Page 15 of 131
November 6, 2017
Page 9
146206 - Morrissey/Amos
that “Resolution approving the request by Jeffrey L. Swartzendruber and Patricia Swartzendruber to
approve a Plat of Survey of Parcel E located adjacent to the proposed extension of Bay Berry Drive”,
be adopted. Roll-call vote-Ayes: Six. Abstain: One (Schmitt due to family relation. Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2017- 926.
ORDINANCES
146207 - Schmitt/Amos
that “an Ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance,
by amending the Official Zoning Map referred to in Section 10-4-4, approving a rezone of certain
property, located west of 2010 W. Ridgeway Avenue”, be considered and passed for the third time
and adopted. Roll-call vote-Ayes: Seven. Motion carried.
Ordinance adopted and upon approval by Mayor assigned No. 5424.
ADJOURNMENT
146208 - Welper/Morrissey
that the Council adjourn at 6:32 p.m. Voice vote-Ayes: Seven. Motion carried.
_____________________________
Kelley Felchle
City Clerk
Page 16 of 131
C ITY OF WATER LOO
Council Communication
P ro clamatio n dec laring Novemb er 13-19, 2017 as R egistered Ap p renticeship Apprec iation and Awarenes s
Week
City Council Meeting: 11/13/2017
Prepared: 10/26/2017
R EV I EWER S :
D epartment R eviewer Action D ate
M ayor Office Westphal, Michelle Approved 10/26/2017 - 5:51 P M
C lerk O ffice H igby, Nancy Approved 11/3/2017 - 2:50 P M
ATTA C H M EN TS :
Description Type
P roclamation Apprenticeship B ackup M aterial
S ub mitted by:S ubmitted By: Mayo r Q uentin Hart
Page 17 of 131
Page 18 of 131
C ITY OF WATER LOO
Council Communication
P ro clamatio n dec laring Novemb er 13, 2017, as the 75th Anniversary of the Lo s s of the F ive S ullivan Brothers
at the Battle o f G uadal C anal
City Council Meeting: 11/13/2017
Prepared: 11/8/2017
R EV I EWER S :
D epartment R eviewer Action D ate
M ayor Office H igby, Nancy Approved 11/8/2017 - 4:46 P M
ATTA C H M EN TS :
Description Type
P roclamation - F ive S ullivan Brothers B ackup M aterial
S ub mitted by:S ubmitted By: Mayo r Q uentin Hart
Page 19 of 131
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C ITY OF WATER LOO
Council Communication
R es o lutio n approving the req uest of Jo e and Jill Leibold fo r tax exemptio ns on the cons tructio n o f a s ingle
family home valued at $223,500 for p ro p erty lo c ated at 1217 P artridge Lane, and loc ated in the C ity Limits
Urb an R evitalizatio n Area (C L UR A).
City Council Meeting: 11/13/2017
Prepared: 11/6/2017
R EV I EWER S :
D epartment R eviewer Action D ate
P lanning & Z oning Anderson, N oel Approved 11/8/2017 - 11:31 AM
C lerk O ffice H igby, Nancy Approved 11/8/2017 - 11:32 AM
ATTA C H M EN TS :
Description Type
C L U R A 1217 P artridge L ane B ackup M aterial
S UB J E C T:
R es o lution approving the req uest of Jo e and Jill Leibold fo r tax exemptions
o n the c ons truc tio n o f a s ingle family home valued at $223,500 fo r prop erty
lo cated at 1217 P artrid ge Lane, and loc ated in the C ity Limits Urban
R evitalizatio n Area (C L UR A).
S ub mitted by:S ubmitted By: No el Anderson, C o mmunity P lanning & Develo p ment
Directo r
R ec o mmended Ac tio n:
R es o lution approving the C L UR A ap p lic ation from Jo e and Jill Leib old fo r
the c o nstruc tio n o f a s ingle family ho me lo c ated at 1217 P artridge
Lane, Waterlo o , Iowa 50701, valued at $223,500, and authorize Mayo r and
C ity C lerk to exec ute said d o cuments .
S ummary S tatement:
T he P lanning, P ro gramming, and Zoning C o mmis s io n s taff has reviewed
this applic atio n and feels that the p ro ject q ualifies fo r exemp tions from taxes
o n the ac tual value added to the residential property und er the C ity Limits
Urb an R evitalizatio n Area P lan.
Exp enditure R equired :N/A
S ource o f F und s :N/A
P olic y Issue:S trategy 3.9: Inc reas e the promotio n and utilizatio n o f the C ity Limits Urb an
R evitalizatio n Area hous ing program.
Alternative:N/A
Background I nformatio n:N/A
Legal Desc riptio ns :Audub o n Heights 5th Ad d ition Lot 29
Page 21 of 131
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Note: Base map data source is Black Hawk County. 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. The City of Waterloo makes no warranty, express or implied, as to the accuracy of the information shown on this map, and expressly disclaims liability for the accuracy thereof. Users should refer to official plats, surveys, recorded deeds, etc. located at the Black Hawk County Assessor’s Office for complete and accurate information.
0 200 400100Feet ®
1217 Partridge Lane
P ar t r i dg e L a n e
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Page 23 of 131
C ITY OF WATER LOO
Council Communication
R es o lutio n approving the req uest of Dana Mc Dougall fo r tax exemptio ns on the cons tructio n o f a s ingle family
home valued at $307,210 for p ro p erty loc ated at 1207 P artridge Lane, and loc ated in the C ity Limits Urban
R evitalization Area (C LU R A).
City Council Meeting: 11/13/2017
Prepared: 11/6/2017
R EV I EWER S :
D epartment R eviewer Action D ate
P lanning & Z oning Anderson, N oel Approved 11/8/2017 - 11:32 AM
C lerk O ffice H igby, Nancy Approved 11/8/2017 - 11:32 AM
ATTA C H M EN TS :
Description Type
C L U R A 1207 P artridge L ane B ackup M aterial
S UB J E C T:
R es o lution approving the req uest of Dana Mc Dougall fo r tax exemptions on
the c o nstruc tio n o f a s ingle family ho me valued at $307,210 fo r property
lo cated at 1207 P artrid ge Lane, and loc ated in the C ity Limits Urban
R evitalizatio n Area (C L UR A).
S ub mitted by:S ubmitted By: No el Anderson, C o mmunity P lanning & Develo p ment
Directo r
R ec o mmended Ac tio n:
R es o lution approving the C L UR A ap p lic ation from Dana Mc Do ugall fo r
the c o nstruc tio n o f a s ingle family ho me lo c ated at 1207 P artridge
Lane, Waterlo o , Iowa 50701, valued at $307,210, and authorize Mayo r and
C ity C lerk to exec ute said d o cuments .
S ummary S tatement:
T he P lanning, P ro gramming, and Zoning C o mmis s io n s taff has reviewed
this applic atio n and feels that the p ro ject q ualifies fo r exemp tions from taxes
o n the ac tual value added to the residential property und er the C ity Limits
Urb an R evitalizatio n Area P lan.
Exp enditure R equired :N/A
S ource o f F und s :N/A
P olic y Issue:S trategy 3.9: Inc reas e the promotio n and utilizatio n o f the C ity Limits Urb an
R evitalizatio n Area hous ing program.
Alternative:N/A
Background I nformatio n:N/A
Legal Desc riptio ns :Audub o n Heights 5th Ad d ition Lot 30
Page 24 of 131
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Note: Base map data source is Black Hawk County. 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. The City of Waterloo makes no warranty, express or implied, as to the accuracy of the information shown on this map, and expressly disclaims liability for the accuracy thereof. Users should refer to official plats, surveys, recorded deeds, etc. located at the Black Hawk County Assessor’s Office for complete and accurate information.
0 300 600150Feet ®
1207 Partridge Lane
Pa r tr id g e L a n e
Waxwing Way
W Shaulis Road
F
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Page 26 of 131
C ITY OF WATER LOO
Council Communication
R es o lutio n approving the req uest of C ammie S c ully fo r tax exemptio ns o n the c ons tructio n o f ho me
imp ro vements valued at $120,000 for a prop erty loc ated at 605 R iverside Drive and loc ated within the
C o nsolidated Urb an R evitalization Area (C UR A).
City Council Meeting: 11/13/2017
Prepared: 11/6/2017
R EV I EWER S :
D epartment R eviewer Action D ate
P lanning & Z oning Anderson, N oel Approved 11/8/2017 - 11:31 AM
C lerk O ffice H igby, Nancy Approved 11/8/2017 - 11:32 AM
ATTA C H M EN TS :
Description Type
C U R A 605 R iverside D rive C over Memo
S UB J E C T:
R es o lution approving the req uest of C ammie S cully fo r tax exemptio ns on
the c o nstruc tio n o f ho me improvements valued at $120,000 fo r a p ro p erty
lo cated at 605 R ivers ide Drive and lo cated within the C o nsolidated Urb an
R evitalizatio n Area (C UR A).
S ub mitted by:S ubmitted By: No el Anderson, C o mmunity P lanning & Develo p ment
Directo r
R ec o mmended Ac tio n:
R es o lution approving C UR A applic ation fro m C ammie S cully fo r the
cons truction of home imp ro vements at 605 R ivers id e Drive , Waterloo, Iowa
50703, Valued at $120,000 and autho rize the Mayor and C ity C lerk to
exec ute said doc uments.
S ummary S tatement:
T he P lanning, P ro gramming, and Zoning C o mmis s io n s taff has reviewed
this applic atio n and feels that the p ro ject q ualifies fo r exemp tions from taxes
o n the ac tual value added to R es id ential p ro p erty under the C ons o lid ated
Urb an R evitalizatio n Area.
Exp enditure R equired :N/A
S ource o f F und s :N/A
P olic y Issue:
S trategy 3.8: C o ntinue efforts to foster new inves tments and develo p ment in
the C ity's Urban R enewal Areas (T I F Dis tric ts ) and C o nsolidated Urban
R evitalizatio n Area (C UR A).
Alternative:N/A
Background I nformatio n:N/A
Page 27 of 131
Legal Desc riptio ns :C E DAR R I VER PA R K LO T S 3 AND 4 BLK 5 A ND S T R I P O F
E Q UAL W IDT H EX T ENDI NG T O R I VER
Page 28 of 131
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Note: Base map data source is Black Hawk County. 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. The City of Waterloo makes no warranty, express or implied, as to the accuracy of the information shown on this map, and expressly disclaims liability for the accuracy thereof. Users should refer to official plats, surveys, recorded deeds, etc. located at the Black Hawk County Assessor’s Office for complete and accurate information.
0 200 400100Feet ®
605 Riverside Drive
W C o n g e r S t r e e t
Noorwood Ave.
R i v e r s i d e D r i v e
CURA Boundary
Riehl Stre e t
M a p l e w o o d S t r e e t
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Page 31 of 131
C ITY OF WATER LOO
Council Communication
R es o lutio n approving the req uest of S teven S to akes fo r tax exemptio ns on the c ons tructio n o f ho me
imp ro vements valued at $57,568.71 for a pro p erty loc ated at 319 Ind ep end enc e Ave. and loc ated within the
C o nsolidated Urb an R evitalization Area (C UR A).
City Council Meeting: 11/13/2017
Prepared: 11/6/2017
R EV I EWER S :
D epartment R eviewer Action D ate
P lanning & Z oning Anderson, N oel Approved 11/8/2017 - 11:32 AM
C lerk O ffice H igby, Nancy Approved 11/8/2017 - 11:33 AM
ATTA C H M EN TS :
Description Type
C U R A 319 I ndependence Ave.C over Memo
S UB J E C T:
R es o lution approving the req uest of S teven S to akes fo r tax exemptio ns on
the c o nstruc tio n o f ho me improvements valued at $57,568.71 fo r a p roperty
lo cated at 319 Ind ep endence Ave. and loc ated within the C o nsolidated
Urb an R evitalizatio n Area (C UR A).
S ub mitted by:S ubmitted By: No el Anderson, C o mmunity P lanning & Develo p ment
Directo r
R ec o mmended Ac tio n:
R es o lution approving C UR A applic ation fro m S teven S to akes fo r the
cons truction of home imp ro vements at 319 Independ enc e Ave. , Waterlo o ,
Iowa 50703, Valued at $57,568.71 and autho rize the Mayo r and C ity C lerk
to exec ute s aid doc uments.
S ummary S tatement:
T he P lanning, P ro gramming, and Zoning C o mmis s io n s taff has reviewed
this applic atio n and feels that the p ro ject q ualifies fo r exemp tions from taxes
o n the ac tual value added to R es id ential p ro p erty under the C ons o lid ated
Urb an R evitalizatio n Area.
Exp enditure R equired :N/A
S ource o f F und s :N/A
P olic y Issue:
S trategy 3.8: C o ntinue efforts to foster new inves tments and develo p ment in
the C ity's Urban R enewal Areas (T I F Dis tric ts ) and C o nsolidated Urban
R evitalizatio n Area (C UR A).
Alternative:N/A
Background I nformatio n:N/A
Page 32 of 131
Legal Desc riptio ns :C entral S ubdivis io n, Lot 12
Page 33 of 131
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Note: Base map data source is Black Hawk County. 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. The City of Waterloo makes no warranty, express or implied, as to the accuracy of the information shown on this map, and expressly disclaims liability for the accuracy thereof. Users should refer to official plats, surveys, recorded deeds, etc. located at the Black Hawk County Assessor’s Office for complete and accurate information.
0 200 400100Feet ®
319 Independence Ave.
I n de p e nd e n c e A v e .
Courtland Street
C h e r r y S t r e e t
Fo wle r Stre e t
Glenwood Street
L a n e S t r e e t
I r v i n g S t r e e t
Page 41 of 131
C ITY OF WATER LOO
Council Communication
R es o lutio n s etting a date of p ublic hearing as Novemb er 27, 2017 to ap p rove the s ale and c o nveyance o f c ity
o wned property loc ated ad jacent to 1947 R ainbow Drive, in the amount of $1.00 per lo t, to S hay Tras k
inc luding a Development Agreement, and ins truc t C ity C lerk to p ublish said no tic e.
City Council Meeting: 11/13/2017
Prepared: 10/18/2017
R EV I EWER S :
D epartment R eviewer Action D ate
P lanning & Z oning Anderson, N oel Approved 11/8/2017 - 11:31 AM
C lerk O ffice E ven, L eAnn Approved 11/8/2017 - 11:46 AM
ATTA C H M EN TS :
Description Type
Application C over Memo
Detailed P roperty R eport L ot 1 C over Memo
Detailed P roperty R eport L ot 2 C over Memo
S ite P lan C over Memo
F loor P lan C over Memo
Aerial P hotos C over Memo
S UB J E C T:
R es o lution s etting a date of p ublic hearing as Novemb er 27, 2017 to approve
the sale and c o nveyance o f c ity owned property lo cated adjac ent to 1947
R ainbow Drive, in the amo unt o f $1.00 p er lot, to S hay Trask includ ing a
Development Agreement, and ins truct C ity C lerk to pub lis h s aid no tic e.
S ub mitted by:S ubmitted By: No el Anderson, Directo r C o mmunity P lanning and
Development
R ec o mmended Ac tio n:Ap p ro val
S ummary S tatement:T he applic ant p lans to b uild a new home with garage o n the property.
S ource o f F und s :N/A
P olic y Issue:S ale of city owned p ro ep rty
Background I nformatio n:T he lots where ac q uired in 1970; circ ums tanc es unkno wn at this time.
Page 42 of 131
City of Waterloo Planning & Zoning Department
715 Mulberry Street, Waterloo, Iowa 50703
(319) 291-4366
Offer to Vacate and Purchase City Right-of-Way
Request to Vacate Easement, Vacate Sidewalk, or Encroachment Agreement
Sale of City-Owned Property
Applicant:________________________ Address:_____________________________ Phone No.: _______________
General Description of Property to Vacated (i.e.- alley between A St. & B St., South of C St.):
Legal description of area to be conveyed, vacated, or encroached:
1. A non-refundable filing fee(s) shall be made as follows (checks payable to City of Waterloo):
• Right-of-way vacation – One Hundred Seventy Five Dollar ($175.00) Filing Fee
• Easement or sidewalk vacation – Seventy Five Dollar ($75.00) Filing Fee
• Encroachment – One Hundred Dollar ($100.00) Filling Fee
• Sale of city-owned property not required to be vacated – No Fee
• Any request not meeting the Sale of Property Policy – One Hundred Dollar ($100.00) Fee
2. Offer Price*[Note: If the offer price meets the Sale of Property Policy (see attached) the request will not be
required to be reviewed by the Building & Grounds Committee.]
• Asking price (see attached Sale of Property Policy for how calculated): ____________________
• Deductions
• May decrease price by 50% for area located within an easement: ____________________
• May decrease price for the City tax that will be collected on
the land within 5 yrs (8 yrs inside of the CURA): ____________________
• Costs (surveying & misc., demolition, remove of curbs, etc): ____________________
Asking price – Deductions = Value of Property: ____________________
Offer Price for Entire Area: __________________
Note: The above information is a summary of the Sale of Property Policy (see attached). All requests to vacate and purchase
City right-of-way must be accompanied by a signed “Intent to Vacate” form for each abutting property to the area to be vacated.
Any request that fails to meet the Sale of Property Policy shall not be forwarded to the Building and Grounds Committee or City
Council. Any such applicant shall need to request review to Building and Grounds through a City Council member.
3. Publication and Recording Fees*: At the time a buyer(s) has been selected, all publication costs and
recording fees must be paid by the applicant. Applicant shall be responsible for collecting from other buyers.
4. Easement*: The following easement shall be retained:
_______________________________________________________________________________
5. Other: Please provide a site plan and/or aerial photo of the area to be vacated if the request involves
additional construction as the reason for the request.
_______________________________________ ________________________
Applicant Date
*Not required for easement vacates sidewalk vacates or Encroachment Agreements
x
Shay Trask
$1
$1
1619 Olive Street,
Cedar Falls, IA 50613 319.404.5810
October 17th, 2017
Parcel ID’s: 8913-17-477-002 and 8913-17-477-003
Page 43 of 131
BLACK HAWK COUNTY REAL ESTATE ASSESSMENT AND TAX INFORMATION
Parcel ID Deed Holder Tax Mail to Address
8913-17-477-002
CITY OF WATERLOO
CITY OF WATERLOO
715 MULBERRY ST
ATTN: FINANCE DEPARTMENT
WATERLOO, IA 50703-0000
PDF No.Map Area Contract Buyer
3
WWTLO-02
Property Address Current Recorded Transfer
00000
00000-0000
Date Drawn Date Filed Recorded Document Type
1/17/1969 1/27/1970 DEED 488096 D
ASSESSED VALUES/CREDITS
Year Class
2017 E
100%
Value
Land Multi-Residential Land Dwelling Building Total Acres
7,780 0 0 0 7,780 0
Taxable
Value
Land Multi-Residential Land Dwelling Building Total
7,780 0 0 0 7,780
Year Class
2016 E
100%
Value
Land Multi-Residential Land Dwelling Building Total Acres
7,780 0 0 0 7,780 0
Taxable
Value
Land Multi-Residential Land Dwelling Building Total
7,780 0 0 0 7,780
Year Class
2015 E
100%
Value
Land Multi-Residential Land Dwelling Building Total Acres
7,780 0 0 0 7,780 0
Taxable
Value
Land Multi-Residential Land Dwelling Building Total
7,780 0 0 0 7,780
TAX INFORMATION ASSESSMENT YEAR 2016 PAYABLE 2017/2018
Tax
District 940001 - WATERLOO
Gross Value Taxable Value Military Exemption Levy Rate Gross Tax Net Tax
Corp 0 0 0 40.33157 $0.00 $0.00
Nocorp 0 0 0 0 $0.00
Homestead
Credit
Disabled Veteran
Credit
Property Tax Relief
Credit
Ag
Credit
Business Property Tax
Credit
Corp $0.00 $0.00 $0.00 $0.00 $0.00
Nocorp $0.00
LEGAL
LOBDELLS SECOND ADDITION TO CASTLE HILL LOT 3 Page 44 of 131
LAND
Basis Front Rear Side 1 Side 2 Lot Area Acres
Front Foot 60 60 182 182 0 10920 0.251
Totals:10920 0.251
Entry Status: Inspected
Date Website Last Updated: 10/13/2017
Page 45 of 131
BLACK HAWK COUNTY REAL ESTATE ASSESSMENT AND TAX INFORMATION
Parcel ID Deed Holder Tax Mail to Address
8913-17-477-003
CITY OF WATERLOO
CITY OF WATERLOO
715 MULBERRY ST
ATTN: FINANCE DEPARTMENT
WATERLOO, IA 50703-0000
PDF No.Map Area Contract Buyer
3
WWTLO-02
Property Address Current Recorded Transfer
00000
00000-0000
Date Drawn Date Filed Recorded Document Type
1/17/1969 1/27/1970 DEED 488096 D
ASSESSED VALUES/CREDITS
Year Class
2017 E
100%
Value
Land Multi-Residential Land Dwelling Building Total Acres
7,630 0 0 0 7,630 0
Taxable
Value
Land Multi-Residential Land Dwelling Building Total
7,630 0 0 0 7,630
Year Class
2016 E
100%
Value
Land Multi-Residential Land Dwelling Building Total Acres
7,630 0 0 0 7,630 0
Taxable
Value
Land Multi-Residential Land Dwelling Building Total
7,630 0 0 0 7,630
Year Class
2015 E
100%
Value
Land Multi-Residential Land Dwelling Building Total Acres
7,630 0 0 0 7,630 0
Taxable
Value
Land Multi-Residential Land Dwelling Building Total
7,630 0 0 0 7,630
TAX INFORMATION ASSESSMENT YEAR 2016 PAYABLE 2017/2018
Tax
District 940001 - WATERLOO
Gross Value Taxable Value Military Exemption Levy Rate Gross Tax Net Tax
Corp 0 0 0 40.33157 $0.00 $0.00
Nocorp 0 0 0 0 $0.00
Homestead
Credit
Disabled Veteran
Credit
Property Tax Relief
Credit
Ag
Credit
Business Property Tax
Credit
Corp $0.00 $0.00 $0.00 $0.00 $0.00
Nocorp $0.00
LEGAL
LOBDELLS SECOND ADDITION TO CASTLE HILL LOT 2 Page 46 of 131
LAND
Basis Front Rear Side 1 Side 2 Lot Area Acres
Front Foot 60 60 169 169 0 10140 0.233
Totals:10140 0.233
Entry Status: Inspected
Date Website Last Updated: 10/13/2017
Page 47 of 131
GARAGE/HOUSE
Page 48 of 131
Page 49 of 131
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C ITY OF WATER LOO
Council Communication
R es o lutio n approving c anc ellation of s p ecial as s es s ment in the amount of $48.70 fo r delinq uent garbage, s to rm
and s ewer fees fo r property lo cated at 1641 C herry Hills Drive, and authorize C ity C lerk to notify Blac k Hawk
C o unty Treas urer o f s aid cancellatio n.
City Council Meeting: 11/13/2017
Prepared: 11/8/2017
R EV I EWER S :
D epartment R eviewer Action D ate
C lerk O ffice H igby, Nancy Approved 11/8/2017 - 12:57 P M
S UB J E C T:
R es o lution approving c anc ellation of s pec ial as s es s ment in the amount o f
$48.70 for delinq uent garbage, s torm and s ewer fees fo r property lo cated at
1641 C herry Hills Drive, and autho rize C ity C lerk to no tify Black Hawk
C o unty Treas urer o f said cancellatio n.
S ub mitted by:S ubmitted By: Kelley F elchle, C ity C lerk
R ec o mmended Ac tio n:Ap p ro ve reques t to cancel as s es s ment.
S ummary S tatement:P er the Water Works , this property was vac ant and s hould have b een
credited fo r the charges b efo re the as s es s ment p ro cess.
Page 52 of 131
C ITY OF WATER LOO
Council Communication
R es o lutio n canc eling c o uncil meeting s cheduled for December 26, 2017 due to the ho lid ays.
City Council Meeting: 11/13/2017
Prepared: 11/9/2017
R EV I EWER S :
D epartment R eviewer Action D ate
C lerk O ffice H igby, Nancy Approved 11/9/2017 - 10:13 AM
S UB J E C T:R es o lution c anc eling c o uncil meeting s cheduled for December 26, 2017 d ue
to the ho lidays .
S ub mitted by:S ubmitted By: Kelley F elchle, C ity C lerk
Page 53 of 131
C ITY OF WATER LOO
Council Communication
Hangar No. 4 R ehabilitation P rojec t, at the Waterloo R egional Airp o rt, via I DO T P rojec t No . 9-I-180-ALO -
200, and I DO T C ontrac t No . 19559.
City Council Meeting: 11/13/2017
Prepared: 10/14/2017
R EV I EWER S :
D epartment R eviewer Action D ate
Airport K aspari, K eith Approved 10/14/2017 - 4:21 P M
C lerk O ffice E ven, L eAnn Approved 10/19/2017 - 11:37 AM
ATTA C H M EN TS :
Description Type
F inancial P lan for H angar 4 Improvement P roject C over Memo
Engineer's E stimate for H angar 4 Improvement P roject C over Memo
P ictures of H angar N o: 4 I nterior C over Memo
P ictures of H angar N o: 4 E xterior C over Memo
B id TabH anger N o. 4 B ackup M aterial
S UB J E C T:
Motio n to rec eive and file proof o f pub lic ation of notice o f pub lic hearing.
HO LD HEAR ING - No comments o n file.
Motio n to c lo s e hearing and rec eive and file o ral and written comments.
R es o lution c o nfirming ap p ro val o f spec ific ations , fo rm of contrac t, etc.
R es o lution autho rizing to proc eed .
Motio n to rec eive and file and ins truct C ity C lerk to read b id s .
R es o lution award ing bid to Woodruff C o ns truc tion, L L C of Waterlo o,
Iowa, fo r the Hangar No . 4 R ehabilitation P ro ject, at the Waterloo R egio nal
Airp o rt, via I DO T P rojec t No . 9-I-180-ALO -200, and I DO T C ontrac t No.
19559, in the amount of $65,522 and autho rize the Mayo r and C ity C lerk to
exec ute said doc ument.
S ub mitted by:S ubmitted By: Keith Kaspari, Airp o rt Direc tor
R ec o mmended Ac tio n:T hat the bid be awarded to Woodruff C o ns truc tion, L L C .
S ummary S tatement:Ap p ro ve the req ues t of S taff.
Exp enditure R equired :S ee attac hed F inanc ial P lan for this Aircraft S torage Hangar Improvement
p ro ject.
S ource o f F und s :
T his projec t will be fund ed at 100% by the us e of the Io wa Dep t. of
Transportatio n - and the O ffic e of Aviatio n's - C ommerc ial S ervice Vertic al
Infras tructure (C S VI) P rogram. T here is no C ity o f Waterloo nor Airp o rt
Dep artment required grant match.
Page 54 of 131
To complete this projec t, will require the full alloc ation of fund s for F Y-2018
($61,563.00), in additio n o f unspent C S VI funds fro m a p revious I DO T
F is cal Year, as you c an s ee from the attac hed Engineer's Estimate and
F inancial P lan.
P olic y Issue:
T his projec t c o mp lies with the C ity of Waterloo's S trategic P lan, as follo ws :
G oal No : 3, and S trategies Nos: 3.1, 3.3, 3.4, 3.5 and 3.7.
G oal No : 4, and S trategies Nos: 4.1 and 4.5.
Alternative:No projec t alternatives were s elected for this p ro ject and us e of fund s .
Background I nformatio n:
T his projec t will c o ntinue previo us years wo rk and p ro jects , to allo cate as
many I DO T C S VI grant funds as possib le, fo r the o ngo ing improvement o f
C ity of Waterloo o wned - yet, leas ed buildings at the Waterloo R egional
Airp o rt.
It is the goal and o b jective o f Airp o rt S taff, to continue the vertic al
infrastruc ture imp ro vements to C ity-o wned and again, leas ed fac ilities, as the
grant funds remain available.
T his is s o that as exis ting leas es exp ire, the C ity of Waterlo o and the airport
d ep artment c an witness future inc reas ed leas e-rent revenues by provid ing
enhanc ed fac ilities for the airport tenants to operate from.
T his projec t s pec ifically, c o ntinues similar wo rk as performed with the F Y-
2017 projec t, b y rep lacing as follows :
1. Interio r rep lac ement o f 1970's era flores c ent light fixtures in the main
hangar b ay to c urrent and next generation LED light fixtures , to allo w the
tenant to witnes s imp ro ved energy imp rovements with elec tric al utility us age
and mo nthly electrical costs ; and,
2. To begin the initial and phas ed replac ement o f the wind o ws, as o riginally
installed on the 1970's era c o nstruc ted hangar, on the north-fac e of the
b uilding to provid e, again, a better o verall s eal and energy imp ro vements by
p ro viding a b etter overall tighter b uilding envelope.
Legal Desc riptio ns :No t ap p lic ab le for this reques t b y S taff.
Page 55 of 131
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ENGINEER'S ESTIMATE OF PROBABLE CONSTRUCTION COST
WATERLOO REGIONAL AIRPORT
HANGAR NO. 4 WINDOWS AND HANGAR BAY LIGHT REPLACEMENT
10/13/2017
ITEM NO. DESCRIPTION UNIT ESTIMATED QUANTITY
ESTIMATED
UNIT PRICE EXTENDED TOTAL
1 MOBILIZATION LS 1 5,000.00$ 5,000.00$
2 REMOVE WINDOWS EA 27 250.00$ 6,750.00$
3 WINDOW REPLACEMENT (33" by 56") EA 23 1,500.00$ 34,500.00$
4 WINDOW REPLACEMENT (49" by 56") EA 4 1,750.00$ 7,000.00$
5 HIGH BAY LED LIGHTS EA 30 550.00$ 16,500.00$
Total Estimate 69,750.00$
Page 57 of 131
Page 58 of 131
Page 59 of 131
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C ITY OF WATER LOO
Council Communication
Motio n ap p roving C hange O rd er No. 5, final quantity summary, fo r a net d ec reas e o f $62,838.39, for the F Y
2017 Brid ge Dec k R ep air and O verlay P rogram, C ontrac t No . 879, and authorize the Mayor and C ity C lerk to
exec ute said doc ument.
City Council Meeting: 11/13/2017
Prepared: 11/7/2017
R EV I EWER S :
D epartment R eviewer Action D ate
E ngineering T horson, E ric Approved 11/8/2017 - 10:17 AM
C lerk O ffice E ven, L eAnn Approved 11/8/2017 - 11:04 AM
ATTA C H M EN TS :
Description Type
C ont 879_C hange O rder 5_F inal Q ty S ummary C over Memo
C ont 879_I ncr_D ecr Q ty Summary C over Memo
S UB J E C T:
Motio n approving C hange O rd er No. 5, final quantity summary, fo r a net
d ecrease of $62,838.39, fo r the F Y 2017 Bridge Dec k R ep air and O verlay
P ro gram, C o ntract No. 879, and authorize the Mayo r and C ity C lerk to
exec ute said doc ument.
S ub mitted by:S ubmitted By: Dennis G entz, P E, Assistant C ity Engineer
S ummary S tatement:
T his is the ac c umulated amo unt o f adjus tments from o riginal to final
q uantities that were d etermined necessary d uring the c o nstruc tion of the
p ro ject, whic h res ults in a d ecrease to the total projec t cost.
S ource o f F und s :Division 1: R oad Us e Tax F und s
Division 2: F lood C o ntro l funds ( G . O . Bond s )
Page 61 of 131
Final Change Order No. 5 Contract No. 879 Page 1 of 1
CITY OF WATERLOO, IOWA
FINAL QUANTITY SUMMARY
CHANGE or EXTRA WORK ORDER NO. 5
PROJECT: F.Y. 2017 BRIDGE DECK REPAIR AND OVERLAY CONTRACT NO. 879
Date Prepared: November 6, 2017 AMOUNT: $62,838.39 DECREASE
TO: BOULDER CONTRACTING, LLC , Contractor
You are hereby ordered to make the following changes from the plans and specifications or perform
the following extra work on your contract dated November 7, 2016 .
A. Description of change to be made or extra work to be done:
Adjust original construction quantities to actual construction quantities.
B. Reason for ordering change or extra work:
As-built quantities varied for some bid items.
C. Settlement for cost of work to be made as follows:
Compensation already made to contractor through original bid items.
See attached summary.
NET DECREASE $62,838.39
CITY OF WATERLOO
BY: ______________________________ BOULDER CONTRACTING, LLC
Mayor Date CONTRACTOR
BY:
Date
ATTEST:
PRINTED NAME: ____Luke Kjormoe_____________
__________________________________
City Clerk Date
TITLE:
APPROVED:
City Engineer Date
Page 62 of 131
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1
C ITY OF WATER LOO
Council Communication
R es o lutio n approving C ompletio n o f P rojec t and R ec o mmendatio n o f Acc eptanc e of Work for work
p erfo rmed by Bould er C ontrac ting, LLC , of G rund y C enter, Io wa, at a total c os t of $1,382,794.18 in
conjunctio n with the F Y 2017 Brid ge Deck and O verlay P ro gram, C ontrac t No. 879, and receive and file two
(2) year maintenanc e bond .
City Council Meeting: 11/13/2017
Prepared: 11/7/2017
R EV I EWER S :
D epartment R eviewer Action D ate
E ngineering T horson, E ric Approved 11/8/2017 - 10:18 AM
C lerk O ffice E ven, L eAnn Approved 11/8/2017 - 11:07 AM
ATTA C H M EN TS :
Description Type
C ont 879_M aintenance B ond C over Memo
S UB J E C T:
R es o lution approving C ompletio n o f P ro jec t and R ec o mmendatio n o f
Acc ep tanc e of Work for work performed by Bo ulder C o ntracting, L LC , of
G rundy C enter, Io wa, at a total c o s t o f $1,382,794.18 in conjunctio n with
the F Y 2017 Brid ge Deck and O verlay P ro gram, C ontrac t No . 879, and
receive and file two (2) year maintenance bond .
S ub mitted by:S ubmitted By: Eric T ho rs o n, P E, C ity Engineer
S ummary S tatement:
Bould er C o ntracting, L L C has c o mp leted the ab o ve referenc ed projec t in
acc o rd anc e with the plans and spec ifications .
Transmitted als o to the C lerk’s O ffice is the Maintenance Bond that
guarantees to remed y any defec ts in workmans hip o r materials that may
d evelop in s aid work within a period o f two (2) years from the date of the
acc ep tance of the wo rk und er said contrac t.
S ource o f F und s :Division 1: R oad Us e Tax F und s
Division 2: F lood C o ntro l funds ( G . O . Bond s )
Page 65 of 131
P
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C ITY OF WATER LOO
Council Communication
R es o lutio n approving P rofessional S ervices Agreement with Nutri-Ject S ys tems , Inc. of Hudson, Iowa in an
amo unt not to exc eed $36,140, fo r bio-solids removal services, and authorize the Mayor to exec ute said
d o cument.
City Council Meeting: 11/13/2017
Prepared: 11/7/2017
R EV I EWER S :
D epartment R eviewer Action D ate
Waste Management H oambrecker, S teven Approved 11/8/2017 - 8:49 AM
C lerk O ffice E ven, L eAnn Approved 11/8/2017 - 9:27 AM
ATTA C H M EN TS :
Description Type
nutriject satellite bio solids C over Memo
S UB J E C T:
R es o lution approving P rofessional S ervic es Agreement with Nutri-Ject
S ystems , I nc . o f Hud s o n, Io wa in an amount no t to exc eed $36,140, for
b io -s o lid s remo val s ervic es , and authorize the Mayo r to execute s aid
d o cument.
S ub mitted by:S ubmitted By: S teven Ho amb recker, Direc to r, Was te Management S ervic es
R ec o mmended Ac tio n:Ap p ro ve R es olution
Exp enditure R equired :$36,140
S ource o f F und s :520-14-15200-1341
Page 68 of 131
Page 69 of 131
Page 70 of 131
C ITY OF WATER LOO
Council Communication
R es o lutio n approving P rofessional S ervices S up p lemental Agreement No. 3, with AEC O M Tec hnical
S ervic es , Inc. o f Waterloo, Io wa, in an amount not to exceed $9,230, in co njunc tion with the F Y 2016 S haulis
R o ad Trail Extens io n - P has e I, C o ntract No . 858, and autho rize the Mayor to exec ute said d o cument.
City Council Meeting: 11/13/2017
Prepared: 11/8/2017
R EV I EWER S :
D epartment R eviewer Action D ate
E ngineering T horson, E ric Approved 11/8/2017 - 10:26 AM
C lerk O ffice E ven, L eAnn Approved 11/8/2017 - 11:15 AM
ATTA C H M EN TS :
Description Type
C ont 858_S upp Agreement N o. 3 C over Memo
S UB J E C T:
R es o lution approving P rofessional S ervic es S up p lemental Agreement No. 3,
with AEC O M Technic al S ervices, Inc . of Waterlo o , Iowa, in an amo unt no t
to exc eed $9,230, in conjunctio n with the F Y 2016 S haulis R o ad Trail
Extension - P has e I, C o ntract No. 858, and autho rize the Mayo r to exec ute
s aid doc ument.
S ub mitted by:S ubmitted By: Jeff Bales , Assoc iate Engineer
Exp enditure R equired :not to exceed $9,230.00
S ource o f F und s :TAP F und ing - $3256.6 4
S tate R ec reatio nal Trail F unding - $5973.36
Background I nformatio n:
ad d itional c ons tructio n-related services for an amo unt o f $9,230, due to the
extended c o ns truc tion projec t to reach site s tabilizatio n and contrac tor
finishing pro jec t and for p ro ject finalizatio n
Page 71 of 131
AECOM 319-232-6531 tel
501 Sycamore Street 319-232-0271 fax
Suite 222
Waterloo, Iowa 50703
www.aecom.com
SHAULIS ROAD TRAIL EXTENSION, PHASE I
WATERLOO, IOWA
SUPPLEMENTAL AGREEMENT NO. 3
WHEREAS, a Professional Services Agreement was entered into by the City of Waterloo, Iowa
(City), and AECOM Technical Services, Inc. (Consultant), of Waterloo, Iowa, dated September 2,
2014, for the preliminary design, final design and construction review for the Shaulis Road Trail
Extension, Phase I, from IA 21 to Isle and Capri Boulevards, Waterloo, Iowa; and
WHEREAS, the City and Consultant entered into Supplemental Agreement No. 1, dated
February 8, 2016, for construction-related engineering services during the construction phase of the
Shaulis Road Trail Extension, Phase I, construction project; and
WHEREAS, the City and Consultant entered into Supplemental Agreement No. 2, dated
January 12, 2017, for additional construction-related services for the Shaulis Road Trail Extension,
Phase I, project; and
WHEREAS, the City and Consultant now desire to enter into Supplemental Agreement No. 3 for
additional construction-related services for the Shaulis Road Trail Extension, Phase I, project.
NOW THEREFORE, it is mutually agreed to amend the original Professional Services Agreement
as follows:
I. SCOPE OF SERVICES
Services to be provided include the construction staking, field review, material testing and
contract administration for the construction of the Shaulis Road Trail Extension, Phase I,
construction project from IA 21 to Isle of Capri Boulevard. The Scope of Services under
this supplemental agreement includes additional time to complete the following tasks (from
Supplemental Agreement No. 1). Supplemental Agreement No. 2 included additional
services due to an extension of the construction period to the spring of 2017. This
supplemental agreement is due to an extension of the construction period to November of
2017 and shall be effective beginning September 1, 2017. The Scope of Services is further
defined by the following tasks:
Task 1 - Preconstruction Conference. Assist the City with conducting the preconstruction
conference and have appropriate representative staff attend. This task includes conducting
the meeting and preparing minutes.
Task 2 - Construction Staking. Provide horizontal and vertical control, including the
following items:
• Project Control
• Stake Construction Limits at 100-Foot Intervals, Plus Break Points
• Set Slope Stakes or Grading Stakes at 50-Foot Intervals
• Set Stakes for Drainage Structures
• Set Stakes for Intakes and Utility Accesses
• Set Stakes for Retaining Wall
• Set Stakes at 25-Foot Intervals for Sidewalk/Trail
• Set Stakes for Driveway Locations
• Set Stakes at 100-Foot Intervals for Fence From 175+90 to 183+00
• Set Stakes for Lighting and Signals
Page 72 of 131
Page 2
Task 3 - Interpret Plans and Specifications. Interpret the intent of the plans and
specifications for general compliance with the construction contract. The Consultant will
not, however, guarantee the performance of any contractor.
Task 4 - Shop Drawing Review. Review work drawings, samples and other submittals of
the contractor only for general conformance to the design concept of the project and for
general compliance with the construction contract. Article 1105.03, Iowa DOT Standard
Specifications for Highway and Bridge Construction, will apply.
Task 5 - Progress and Quality of Construction. Maintain direct contact with the City’s
representative or his authorized representative to the extent necessary to inform the City’s
representative of the progress and quality of construction work performed. Provide the
necessary qualified staff at the job site to act under the authority of the City’s
representative, and observe and review the work in progress and determine whether the
work is in general conformity with the contract plans and specifications. Construction field
review staff shall be responsible for required construction documentation, including
maintaining project dairies and quantity records as required by Iowa DOT federal-aid
project standards. It is understood that responsibility for the correctness of every detail of
construction is beyond the scope of this agreement. The Consultant shall not assume
management or direction of the contractor’s operations or any utility company’s operations.
Nothing in this agreement shall be construed as giving the Consultant the responsibility or
authority to direct or supervise construction methods, means, techniques, procedures or
safety methods used by the contractor, subcontractors, or utility companies performing the
actual construction work. Neither observations by the Consultant nor inspections, tests or
approvals, shall relieve the contractor, subcontractors or utility companies from their
obligation to perform the work in accordance with the requirements of the contract
documents.
The contractor has ultimate responsibility to monitor all his work to ensure proper quality,
safety and completion within the contract time, as do the utility companies involved in this
project.
Task 6 - Testing. Consultant will complete necessary earthwork, density and P.C.C.
verification testing for the project as required by Iowa DOT’s Materials Department
Instruction Memorandums and Iowa DOT’s Construction Manual. The contractor shall be
responsible for certified plant inspection in accordance with the standard specifications.
Task 7 - Reports. Prepare and submit daily, weekly and monthly reports as required by
Iowa DOT’s Materials Department Instruction Memorandums and Iowa DOT’s Construction
Manual. Also includes preparation and submittal of change and extra work orders,
subcontract requests and other forms as are normally utilized by the Iowa DOT on
construction projects. Reports are to be submitted per Iowa DOT Standards for reporting,
and copies of reports are to be submitted to the City.
Task 8 - Estimates. Make monthly or bi-monthly reports to the City’s representative, or his
authorized representative, of the estimated amount of materials furnished and delivered
and the work performed. Review and approve estimates for progress and final payment.
Page 73 of 131
Page 3
Task 9 - Pay Quantities. Measure and document construction pay quantities and perform
functions necessary to assist with funding reimbursement for the project.
Task 10 - Claims. Consider and evaluate contractor’s suggestions for modifications and
report them with recommendation to the City. Prepare and assist the City and contractor in
processing contract change orders.
Task 11 - Final Construction Review. Conduct the final construction review with
representatives of the Iowa DOT and City at completion of the project. The Consultant shall
state his opinion as to whether the project was completed in substantial conformance with
the Plans and Specifications and recommend acceptance thereof.
Task 12 - Record Drawings. Prepare record drawings conforming to the construction
records provided to the Consultant by the contractor during the construction process.
Task 13 - Project Close-Out. Complete construction and materials audits in compliance
with Iowa DOT standards. Prepare final acceptance documents, as required by Iowa DOT.
Task 14 - Project Administration. Attend periodic construction meetings and conduct
intraoffice administration and coordination of the project. These meetings shall include
utility coordination meetings, as needed, during execution of construction.
II. COMPENSATION
The Consultant shall be reimbursed for the actual costs incurred in accordance with
Article 3 of the original agreement. For this agreement (construction and administrative
services), the City shall retain from each monthly payment 3 percent of the amount due.
Final payment shall not be made to Consultant until after receiving approval from the Iowa
DOT.
The estimated actual costs, fixed fee, contingency and maximum amount payable for this
supplemental agreement, as stated below and as shown in Attachment A, are to be
integrated with those covered in Supplemental Agreement Nos. 1 and 2.
Contingency Total
SA No. 1 Release SA No. 2 SA No. 3 Amount
Estimated Actual Costs $102,070.00 $5,100.00 $16,180.00 $8,220.00 $131,570.00
Fixed Fee 12,810.00 0.00 2,070.00 1,010.00 15,890.00
Contingency Remaining 5,100.00 (5,100.00) 0.00 0.00 0.00
Maximum Amount Payable $119,980.00 $ 0.00 $18,250.00 $9,230.00 $147,460.00
III. In all other respects, the obligations of the City and Consultant shall remain as specified in
the Professional Services Agreement dated September 2, 2014.
Page 74 of 131
Page 4
IN WITNESS WHEREOF, the parties hereto have executed this Supplemental Agreement No. 3 as
of the dates shown below:
AECOM TECHNICAL SERVICES, INC.
By Date October 27, 2017
Douglas W. Schindel, P.E.
Associate Vice President
CITY OF WATERLOO, IOWA
By Date
Quentin Hart, Mayor
IOWA DEPARTMENT OF TRANSPORTATION
ACCEPTED FOR AUTHORIZATION
By Date
O:\Administration\AGREE\SUPPLE\SA3WatShaulisRdTrailExtPh1.docx
Page 75 of 131
Attachment A
Supplemental Agreement No. 3
Shaulis Road Trail Extension, Phase 1
IA 21 to Isle of Capri Boulevard
City of Waterloo, Iowa
Additional Construction Review Services
Cost Analysis
I. Direct Labor Cost (AECOM Technical Services)
Category Hours Rate/Hour Amount
Senior Professional 0 $82.30 $0.00
Project Professional 8 $59.10 $472.80
Staff Professional 6 $46.70 $280.20
Professional 0 $35.80 $0.00
CADD Operator II 0 $33.90 $0.00
CADD Operator I 8 $26.80 $214.40
Senior Technician 54 $35.60 $1,922.40
Technician 6 $26.50 $159.00
Project Support 8 $31.00 $248.00 $3,296.80
90
II. Payroll Burden and Overhead Costs 135.09% $4,453.65
III. Direct Project Expenses
Category Units Rate/Unit Amount
Mileage 500 0.535 267.50
Per Diem 0 50.00 0.00
Lodging 0 90.00 0.00
B/W Copies 0 0.06 0.00
Color Copies 0 0.22 0.00
EDM Equipment 0 12.50 0.00
GPS Equipment 0 25.00 0.00
Miscellaneous, Other 200.00 $467.50
IV. AECOM Estimated Actual Costs (I+II+III) $8,217.95
Rounded $8,220.00
V. Fixed Fee $1,010.00
VI. Contingency
AECOM Technical Services $0.00 $0.00
VII. Subcontract Expense
$0.00 $0.00
VIII. Maximum Amount Payable (IV+V+VI+VII) $9,230.00
Page 76 of 131
Attachment A
Supplemental Agreement No. 3
Shaulis Road Trail Extension, Phase 1
IA 21 to Isle of Capri Boulevard
City of Waterloo, Iowa
Construction Review Services
Senior Project Staff CADD CADD Senior Project
Description of Work Prof. Prof. Prof. Prof. Op. II Op. I Tech Tech Support Total
1 Preconstruction Conference 0
2 Construction Staking 66618
3 Interpret Plans and Specifications 0
4 Shop Drawing Review 0
5 Progress and Quality of Construction 0
6 Testing 0
7 Reports 0
8 Estimates 0
9 Pay Quantities 0
10 Claims 0
11 Final Construction Review 48 48
12 Record Drawings 0
13 Project Close-Out 0
14 Project Administration 8 8 8 24
TOTAL HOURS 086008546890
Staff Hour Estimate
Page 77 of 131
C ITY OF WATER LOO
Council Communication
R es o lutio n approving P rofessional S ervices S up p lemental Agreement No. 1, with Ament Des ign of C edar
R ap id s , Iowa, in an amount no t to exc eed $6,715, in conjunctio n with the F Y 2018 Ansborough Avenue
Improvements , C ontrac t No . 942, and authorize the Mayor to exec ute said doc ument.
City Council Meeting: 11/13/2017
Prepared: 11/8/2017
R EV I EWER S :
D epartment R eviewer Action D ate
E ngineering T horson, E ric Approved 11/8/2017 - 10:25 AM
C lerk O ffice E ven, L eAnn Approved 11/8/2017 - 11:13 AM
ATTA C H M EN TS :
Description Type
C ont 942_S upp Agreement N o. 1 C over Memo
S UB J E C T:
R es o lution approving P rofessional S ervic es S up p lemental Agreement No.
1, with Ament Des ign o f C edar R ap id s , I o wa, in an amount no t to exc eed
$6,715, in c o njunc tion with the F Y 2018 Ans b o ro ugh Avenue
Improvements , C ontrac t No . 942, and authorize the Mayor to exec ute s aid
d o cument.
S ub mitted by:S ubmitted By: Jeff Bales , Assoc iate Engineer
Exp enditure R equired :not to exceed $6,715.00
S ource o f F und s :T I F F unding
Background I nformatio n:
ad d itional d es ign s ervices to d es ign an 8-feet wid e S hared Use P ath along
the no rth s id e of S an Marnan Drive, from Ans borough to the eas t end of
S unnys ide S o uth Additio n
Page 78 of 131
Page 1 of 4
Owner Project No. __942___
Professional Services Agreement
for
ANSBOROUGH AVENUE FROM U.S. 20 TO SAN MARNAN DRIVE IMPROVEMENTS
Supplemental Agreement No. 1
This is an AGREEMENT, made as of the twenty-third (23rd) day of October in the year 2017;
by and BETWEEN the City of Waterloo, Iowa, identified as the Owner ;
City of Waterloo, Iowa
City Hall
715 Mulberry Street
Waterloo, IA 50703
and the Consultant ;
Ament Design
625 32nd Avenue SW
Cedar Rapids, IA 52404
for the following Project:
The parties hereto entered into an agreement dated the twenty-eighth (28th) day of August, 2017 for survey,
design and preparation of plans, specifications, and estimates for the Ansborough Avenue from U.S. 20 to San
Marnan Drive Improvements in the City of Waterloo.
The Owner desires to employ the Consultant to provide additional work in connection with the construction of the
improvements. The Consultant is willing to perform the construction-relates services in accordance with the
terms hereinafter provided and warrants that it is in compliance with Iowa statutes relating to the licensure of
professional engineers.
ARTICLE 1 INITIAL INFORMATION
This Agreement is based on the following information and assumptions.
1.1 Project Parameters
The objective or use is:
Provide topographic surveys and design to add a multi-use trail to the north side of San Marnan Drive
from Ansborough Avenue to the east line of the Sunnyside South Addition.
1.2 Financial Parameters
1.2.1 The financial parameters are;
Amount of the Owner's budget for the Consultant's compensation is:
Eighty-eight thousand six-hundred eighty dollars and no/100 cents ($88,680.00)
1.3 Time Parameters
1.3.1 Date to Proceed: Consultant is to begin work under this Agreement upon receipt of a written
notice to proceed from the Owner.
1.3.2 This Agreement Amendment does not alter the schedule presented in the original Contract
Agreement.
ARTICLE 2 SCOPE OF SERVICES AND OTHER SPECIAL TERMS AND CONDITIONS
2.1 Enumeration of Parts of the Agreement.
2.1.1 The work to be performed by the Consultant under this Agreement shall encompass and include
all detail work, services, materials, equipment and supplies necessary to prepare and deliver the
scope of services provided in Attachments A.
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Page 2 of 4
ARTICLE 3 FORM OF COMPENSATION
3.1 Method of Reimbursement
3.1.1 For the Consultant's services as described under Article 2, compensation shall be as defined in
Attachment C.
ARTICLE 4 TERMS AND CONDITIONS
4.1 Extension of Time
4.1.1 The time for completion of each phase of this Agreement shall not be extended because of any
delay attributed to the Consultant, but may be extended by the Contract Administrator in the
event of a delay attributed to the Owner or the Contract Administrator, or because of
unavoidable delays caused by an act of God, war, government actions, or similar causes beyond
the reasonable control of the Consultant.
4.2 Consultant's Endorsement on Plans
4.2.1 The Consultant shall endorse the completed computations prepared under this Agreement, and
shall affix thereto the seal of a licensed professional engineer or architect, licensed to practice in
the State of Iowa, in accordance with the current Code of Iowa.
4.3 Severability
If any section, provision or part of this Agreement shall be adjudged invalid or unconstitutional, such
adjudication shall not affect the validity of the Agreement as a whole or any section, provision, or part
thereof not adjudged invalid or unconstitutional.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their proper officials
thereunto duly authorized as of the dates below indicated.
Ament Design
Date: , 2017
Michael G. Dryden, PE
Secretary/Treasurer
City of Waterloo, Iowa
Date: , 2017
Printed Name:
Title:
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Page 3 of 4
ATTACHMENT A
Scope of Services
Scope of Services
The scope of services to be performed by the ENGINEER shall be completed in accordance with generally
accepted standards of practice and shall include the services and supplies to perform tasks listed below.
I. Additional Topographic Surveys
Topographic Surveys – This item includes the field and office tasks to perform the research and field
measurements to provide the necessary topographic information for the Project to supplement the survey
data or mapping information already collected by the City of Waterloo or others within the Project corridor
in recent years. The information to be collected includes topography and visible permanent
improvements and features. It is anticipated that the topographic survey corridor lengths and widths will
be as follows:
San Marnan Drive
• South limit will be the north edge of the existing San Marnan Drive pavement.
• North limit will be approximately 10 feet north of the out-of-bounds stakes on the golf course.
• East limit will be Ansborough Avenue.
• West limit is approximately the east line of the Sunnyside South Addition.
II. Multi-Use Path Design
Sidewalk, Shared Use Paths, and Pedestrian Ramp Geometrics – This task includes the determination of
the detailed horizontal and vertical geometry for:
• A new eight-foot wide shared-use path along the north side of San Marnan Drive from
Ansborough Avenue to the east end of Sunnyside South Addition. The shared use path shall be
constructed within the existing right-of-way line of San Marnan Drive, and
• the proposed shared-use paths within the roadway corridor that will be constructed in accordance
with Americans with Disabilities Act (ADA) requirements for the roadway construction.
o Details will include station locations and offsets and grades and spot elevations shared
use path locations, such as sections across drainage way. Included is the development
of additional storm water management and erosion control plans to accommodate
construction of the new shared use path.
III. Deliverables
A. ENGINEER Deliverables
1. No changes to original agreement
IV. Owner’s Responsibilities
MATERIAL AND INFORMATION TO BE PROVIDED BY THE OWNER:
The OWNER shall provide the following material and information related to the project:
A. Nothing noted
Page 81 of 131
Page 4 of 4
ATTACHMENT C (referenced from 3.1)
Fees and Payments - Cost Plus Fixed Fee
3.1.1 FEES AND PAYMENTS
3.1.1.1 Fees. For full and complete compensation for all work, materials, and services furnished under
the terms of this Agreement Amendment, the Consultant shall be paid an additional fee as
outlined below.
.
Original Fee $ 81,965.00
Amendment No. 1 $ 6,715.00
Maximum Amount Payable $ 88,680.00
Page 82 of 131
C ITY OF WATER LOO
Council Communication
R es o lutio n approving an Amendment to the Development Agreement with BC S P ro p erties, LLC and the C ity
o f Waterloo, to ad d additio nal land into the Develo p ment Agreement area, and autho rize the Mayo r and C ity
C lerk to exec ute s aid doc uments.
City Council Meeting: 11/13/2017
Prepared: 11/8/2017
R EV I EWER S :
D epartment R eviewer Action D ate
P lanning & Z oning Anderson, N oel Approved 11/8/2017 - 11:02 AM
C lerk O ffice E ven, L eAnn Approved 11/8/2017 - 11:05 AM
ATTA C H M EN TS :
Description Type
B C S West Amendment C over Memo
B C S West D A C over Memo
S UB J E C T:
R es o lution approving an Amendment to the Development Agreement with
BC S P roperties , LLC and the C ity of Waterloo, to add ad d itional land into
the Development Agreement area, and authorize the Mayor and C ity C lerk to
exec ute said doc uments.
S ub mitted by:S ubmitted By: No el Anderson, C o mmunity P lanning & Develo p ment
Directo r
R ec o mmended Ac tio n:Ap p ro ve the Amend ment to Develo p ment Agreement
S ummary S tatement:
T he C ity of Waterlo o and B C S P roperties (Brent Dahlstro m and G eorge
C o o ley) have entered into a Develo p ment Agreement for the land generally
lo cated at the no rtheas t corner of Highway 63 and Wes t R id geway Avenue.
T his area is a former d ump s ite full o f unkno wn rub b le, garbage, etc . T he
o riginal Development Agreement granted 15 years at 95% tax rebates to help
p ush forward the develo p ment of this area. T here are a lo t o f unknown
costs to mo ve ahead with this site development (which is why it has s at
vac ant for thes e many years ) and the tax reates will work to c reate new jo b s ,
new tax bas e, new cons tructio n revenue to this area of the c o mmunity.
T his amendment will ad d in the final corner p arcel o f the s ite (fo rmer Nels o n
p ro p erty) as BC S P roperties LLC was s till wo rking to acquire that parc el
when the o ther s ite (former C las s een p roperty) was ap p ro ved und er the
o riginal Development Agreement.
Exp enditure R equired :NA
S ource o f F und s :NA
T his ac tion s upports the fo llo wing s trategies of the C ity o f Waterloo
Page 83 of 131
P olic y Issue:
S trategic P lan 2017-2022:
S trategy 1.1 b y utilizing benchmarks fo r the c reation of p ro p erty tax
inves tment and returns on private inves tment.
S trategy 1.3 b y helping to create develo pment read y s ites to attract new
b usines s es and s upport exis ting b usines s es
S trategy 3.8 to c ontinue effo rts to fo s ter new inves tments and d evelopment
in the C ity's T I F Dis tric ts
Alternative:No t ap p rove
Background I nformatio n:
T his site had b een us ed fo r ump ing prior to c ity c o d es against dump ing o f
garbage, fill, etc . in C ity limits. As a result, there are vast unknown q uantities
o f problems with the s o ils , b uildability, and develo p ment of the site.
P reliminary c os ts es timates p ut the costs fo r "extra" ground work at
$350,000 to $400,000. And that is a gues s b as ed on soil b o rings , etc . If
you have driven b y the site, you will see large c hunks of concrete, etc . that
they have b een uncovering for current c ons truc tio n. T he 15 years o f tax
reb as tes may s eem like a lot of tax rebates , but the site is till p ro jects to p ay
o ver $28,000 in taxes to the C ity und er the firs t few projec ts, and over
$678,000 o ver that 15 year period. And with the s ite being fully developed,
tho s e numb ers will c o ntinue to gro w (as a point o f reference, a $270,000
hous e in Waterlo o wo uld o nly pay $5,910 in taxes - so this projec t s till pays
o ver 4.7 times that amount).
Legal Desc riptio ns :S ee attac hment
Page 84 of 131
Prepared by Christopher S. Wendland, P.O. Box 596, Waterloo, IA 50703. 319-234-5701
AMENDMENT TO DEVELOPMENT AGREEMENT and
AMENDMENT TO MINIMUM ASSESSMENT AGREEMENT
This Amendment to Development Agreement and Amendment to Minimum Assessment
Agreement (the “Amendment”) is entered into as of ______________, 2017, by and between
the City of Waterloo, Iowa (“City”) and BCS Properties, L.L.C. (“Company”).
RECITALS
A. Company and City are parties to that certain Development Agreement dated
February 20, 2017, (the “DA”) concerning the development of land (the “Property”)
described on Exhibit “A” to the DA. Company and City are also parties to that
certain Minimum Assessment Agreement dated February 20, 2017 (the “MAA”)
pertaining to the Property.
B. The parties desire to amend the DA and MAA on the terms set forth herein.
NOW, THEREFORE, in consideration of the premises and of other consideration, the
receipt and sufficiency of which is hereby acknowledged, the parties hereby agree to amend the
Agreement as follows:
1. Exhibit “A” of the DA and the MAA is stricken therefrom and a new Exhibit “A” as
attached to this Amendment is substituted in place thereof.
2. Section 1 of the DA is stricken therefrom in its entirety and a new Section 1 is
substituted in its place, as follows:
1. Assembly of Property. Company is purchasing the real property described
on Exhibit “A” attached hereto that consists of assessor parcel no. 8913-33-376-012.
Company currently owned the real property described on Exhibit “A” that consists of
assessor parcel no. 8913-22-351-007. Both of such parcels are collectively referred to
herein as the “Property.” Company shall take all steps necessary or advisable to
complete the purchase of the Property and to obtain marketable title thereto as promptly
as possible.
3. Section 6 of the DA is amended to strike “$157,410” therefrom and to substitute
“$334,910” in its place as the taxable Property value as of January 1, 2016.
Page 85 of 131
2
4. Except as amended herein, the DA and the MAA shall continue unmodified in full
force and effect. Terms capitalized in this Amendment but not defined herein shall have the
meaning ascribed to them in the Agreement. This Amendment is binding on the parties and the
respective successors, assigns, transferees and legal representatives of each. This
Amendment may be executed in counterparts, each of which shall be deemed an original and
all of which, when taken together, shall constitute a single instrument.
IN WITNESS WHEREOF, the parties have executed this Amendment to Development
Agreement and Amendment to Minimum Assessment Agreement as of the date first set forth
above.
BSC PROPERTIES, L.L.C. CITY OF WATERLOO, IOWA
By: __________________________ By: __________________________
Brent Dahlstrom, Manager Quentin M. Hart, Mayor
By: ___________________________
Kelley Felchle, City Clerk
STATE OF IOWA )
) ss.
BLACK HAWK COUNTY )
Acknowledged before me on ________________, 2017 by Brent Dahlstrom as Manager of
BSC Properties, L.L.C.
__________________________________
Notary Public
STATE OF IOWA )
) ss.
BLACK HAWK COUNTY )
Acknowledged before me on _________________, 2017 by Quentin M. Hart and Kelley
Felchle, as Mayor and City Clerk, respectively, of the City of Waterloo, Iowa.
__________________________________
Notary Public
Page 86 of 131
EXHIBIT A
Legal Description of Property
Parcel 8913-33-376-012: A PARCEL OF LAND IN THE SE QTR OF THE SW QTR OF SEC 33 T 89 R
13 DESC AS FOL: BEG AT THE INTERSECTION OF THE W LINE OF SAID SE SW WITH THE SELY
RIGHT OF WAY LINE OF US HWY 63 TH S 89 DEG 50 MIN 15 SEC E 432.65 FT TH S 1 DEG 40 MIN
30 SEC E 986.4 FT TO A PT ON THE N LINE OF RIDGEWAY AVE TH S 90 DEG 00 MIN W ALONG
THE N LINE OF RIDGEWAY AV TO THE W LINE OF SAID SE SW TH N 0 DEG 43 MIN 15 SEC W
985.97 FT TO PT OF BEG.
AND
Parcel 8913-33-351-007: UNPLATTED WATERLOO WEST THAT PART OF SW 1/4 SW 1/4 SEC 33 T
89 R 13 LYING SELY AND ELY OF US HWY 63 EXC S 50 FT CONVEYED TO CITY OF WATERLOO
FOR STREETS & EXC THAT PART DEEDED TO CITY OF WATERLOO B 557 P 80.
Page 87 of 131
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C ITY OF WATER LOO
Council Communication
R es o lutio n approving a P ro fes s io nal S ervic es Agreement with HR G reen, I nc . o f C edar R ap id s , Iowa, in the
amo unt o f $364,200, in conjunctio n with implementatio n o f the United S tates Environmental P rotectio n
Agency C ommunity-wide Brownfields Hazardous S ub s tances Assessment G rant, and authorize the Mayo r to
exec ute said agreement.
City Council Meeting: 11/13/2017
Prepared: 10/21/2015
R EV I EWER S :
D epartment R eviewer Action D ate
P lanning & Z oning Anderson, N oel Approved 11/8/2017 - 11:15 AM
C lerk O ffice E ven, L eAnn Approved 11/8/2017 - 11:20 AM
ATTA C H M EN TS :
Description Type
P rofessional S ervices Agreement C over Memo
S UB J E C T:
R es o lution approving a P ro fes s io nal S ervic es Agreement with HR G reen,
Inc. of C edar R ap id s , Iowa, in the amount o f $364,200, in c o njunc tion with
imp lementatio n o f the United S tates Environmental P rotectio n Agenc y
C o mmunity-wid e Bro wnfield s Hazardous S ubs tanc es As s es s ment G rant,
and authorize the Mayo r to execute s aid agreement.
S ub mitted by:S ubmitted By: No el Anderson, C o mmunity P lanning & Develo p ment
Directo r
R ec o mmended Ac tio n:R es o lution approving the agreement
S ummary S tatement:
T he C ity of Waterlo o has previo usly utilized s uch grants , fo r the initiatio n,
interes t, and help in achieving many projec ts for the C ity o f Waterloo. T his
agreement with HR G reen will wo rk to replenis h thes e grants and c o ntinue
the tremend o us as s es s ment and potential red evelopment and d evelopment of
b ro wnfield s ites thro ughout the c o mmunity. T he C ity has utilized the fund s
o n a numb er of s ites in the R ath area, Downto wn Waterloo, along Highway
63, and througho ut the community fo r sus pec ted b ro wnfield sites and
enviro nmental c o ntaminants. T his resourc e has wo rked to keep many
p ro jects mo ving fo rward, as well as opening up s o me sites for p o tential
future d evelo p ment by sho wing the asses s ment as b eing a clean site.
T he C ity has many s ites to continue to wo rk with, includ ing areas alo ng the
Broadway C orridor, Airline Highway, and s ites in and around Do wntown
Waterlo o .T he E S A’s will investigate properties potentially impacted by
hazardous substances and petroleum products to determine adverse impacts
and potential risks to human health and/or the environment. I f contaminants
are present, the city will work with E PA, and the I owa D epartment of Natural
R esources to address the issues through programs such as the I owa Land
Page 94 of 131
R ecycling program. T he C ity of Waterloo will use its experience in Brownfield
reclamation to attract developers to the respective projects. T his includes
creating redevelopment plans for the vacant school sites, auto service stations,
and other vacant and/or underutilized warehouse sites scattered throughout the
targeted area.
Exp enditure R equired :$6,800
S ource o f F und s :Mid P ort and Do wntown T I F and bond fund s
P olic y Issue:Brownfield c leanup and redevelo p ment
Alternative:No t ap p rove
Background I nformatio n:
C ity of Waterloo was awarded two (2) EPA Brownfield Assessment G rants .
O ne grant in the amount of $200,000 is for hazardous material
contaminatio n, and the s econd , in the amo unt o f $200,000 is for p etroleum
contaminatio n.
T he go als o f the As s essment G rants are to invento ry b ro wnfield sites ,
cond uc t environmental assessments o n priority s ites, c reate remed iation and
red evelopment plans for s elected sites , and utilize community invo lvement
and input througho ut the p ro cess.
T he C ity of Waterloo has been working diligently to clean up many former
industrial sites, redevelop vacant sites, many of which may have contained
former gasoline stations, or other industrial users that may otherwise keep new
development from looking at these sites. T hese types of funds help to avoid
sprawl and work towards S mart Growth development.
P ro jects that have been aided b y thes e grants inc lude: S ingle S peed Brewery,
G rand C ro s s ing, F lea Market redevelo pment, American P attern, C rystal
Dis tributio n, S ports p lex, S c hultz Manufac turing, and many mo re.
Legal Desc riptio ns :NA
Page 95 of 131
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C ITY OF WATER LOO
Council Communication
An O rdinanc e amending O rdinanc e No. 5079, as amend ed , C ity of Waterloo Zo ning O rdinanc e, b y amend ing
S ectio n 10-3-1 Definitio n o f Imp o und Yard and R ecycling, Junk or S alvage Yards , and S ec tion 10-27-1(H)(8)
S p ecial P ermit R egulatio ns fo r R ec yc ling, Junk and S alvage Yards and o ther mis cellaneo us updates .
City Council Meeting: 11/13/2017
Prepared: 11/1/2017
ATTA C H M EN TS :
Description Type
Ordiance Amendment C over Memo
S UB J E C T:
Motio n to rec eive, file, c o nsider and p as s fo r the s econd time an O rd inanc e
amending O rd inance No . 5079, as amended, C ity o f Waterloo Zo ning
O rdinanc e, by amend ing S ec tion 10-3-1 Definition of Impound Yard and
R ecycling, Junk o r S alvage Yards, and S ec tio n 10-27-1(H)(8) S pec ial
P ermit R egulatio ns fo r R ec yc ling, Junk and S alvage Yards and o ther
mis cellaneous up d ates.
Motio n to s us p end the rules .
Motio n to c o ns ider and p as s for the third time and adopt said o rd inance.
S ub mitted by:S ubmitted By: Aric S c hroeder, C ity P lanner
R ec o mmended Ac tio n:Ap p ro val of the ordinanc e.
S ummary S tatement:
S taff is pro p o s ing multiple changes to the C ity o f Waterloo Zo ning
O rdinanc e No . 5079 regard ing R ec yc ling, Junk or S alvage Yard s . T he
amendment wo uld change add a definition o f Imp o und Yard s the and make
changes to how R ec yc ling, Junk and S alvage Yards are regulated , it als o
updates the wo rd ing and requirements in the S pec ial P ermit sec tion. T his is
a summary of the major changes but d o es not c o ver all c hanges. A c omplete
copy of the p ro p o s ed c hanges, sho wing s trike thro ugh o f wo rd ing prop o s ed
to b e remo ved and und erlined fo r wo rd ing p ro p o s ed to be ad d ed is als o
attached . T he P lanning, P rogramming and Zo ning C o mmis s io n held a
hearing o n O c to b er 3rd , 2017 and unanimous ly recommend ed approval o f
the propos ed amend ment. T he proposed c hanges are based o n the I-C are
p ro gram that is a vo luntary c ertific ation p ro gram created by the Iowa
Auto mo tive R ec yclers. At the meeting the only p ers o n to s p eak was S ue
S chauls Exec utive Direc tor o f the Iowa Automotive R ecyclers and autho r of
the I-C AR E p ro gram who spoke in favor o f the changes with some mino r
changes that were inc luded b y the C ommis s io n in their rec o mmendation
and have b een inc o rp o rated in the propos ed ordinanc e attac hed.
Exp enditure R equired :none
S ource o f F und s :n/a
Page 109 of 131
P olic y Issue:Zo ning O rd inance
Background I nformatio n:
In S eptember, 2015 the Waterlo o C ity C ounc il vo ted to p as s a mo ratorium
o n the establis hment of any new S alvage Yards within the C ity of Waterloo
p ending the ad o p tion of changes to the Zoning O rd inance that covers
R ecycling, Junk and S alvage Yard s . T he P lanning and Zoning Department
has worked fo r the las t year o n d eveloping an ordinanc e that wo uld
enc o urage mo re ec o lo gic ally friendly bus ines s es and encourage the follo wing
o f the Iowa Automotive R ecylers I-C are p ro gram. Bo th the F ire and P o lic e
Dep artments were no tified o f the p ro p o s ed c hanges to ins ure that the new
regulations d id no t conflict with any o f their c o d es .
Legal Desc riptio ns :n/a
Page 110 of 131
Amendment to the City of
Waterloo Zoning Ordinance
Ordinance No. ____ Amending Ordinance No. 5079
Planning and Zoning Commission Hearing: _______________
City Council Approval: _______________
Changes and Updates to the City of Waterloo Zoning Ordinance, including:
-Section 10-3-1 Update to include definition of Impound Yard and update Recycling, Junk or Sal-
vage yards.
- Section 10-27-1 (H)(8) Update the regulations for Recycling, Junk or Salvage Yards
Page 111 of 131
CHAPTER 3
DEFINITIONS 10-3-1 DEFINITIONS.
13
3. Individually listed on the State In-
ventory of Historic Places;
4. Individually listed on the local in-
ventory of historic places.
Home Occupation: A home occupation is
an accessory use of a dwelling unit, conduct-
ed entirely within the dwelling unit, carried
on by one or more persons, all of whom r e-
side within the dwelling unit and where no
persons living outside the home are e m-
ployed other than resident and domestic
help. The use is clearly incidental and se c-
ondary to the use of the dwelling for res i-
dence purposes and does not change the
character thereof or adversely affect the uses
permitted in the residential district of which
it is a part. There shall be no outside storage
of any kind; and any indoor storage, con-
struction, alterations, or electrical or me chani-
cal equipment used shall not change the fire
rating of the structure of the fire district in
which the structure is located. The use may
increase vehicular traffic flow and parking by
no more than one additional vehicle at a time.
It shall not cause an increase in the use of one
or more utilities (water, sewer, electricity, te l-
ephone, or garbage) so that the combined t o-
tal use of dwelling and home occupation
purposes of the one or more utilities exceeds
the average for residences in the neighbo r-
hood. When a use is a home occupation, it
means that the owner, lessee, or other pe r-
sons who have a legal right to the use of the
dwelling unit also have the vested right to
conduct the home occupation without secur-
ing special permission to do so. Ho wever,
such person shall be subject to all conditions,
which are applied in this Ordinance general-
ly, such as off-street parking, and to all other
permits required under the City code, such as
Building Permits and Business Licenses.
Hotel: A building containing twenty (20)
or more individual sleeping rooms or suites
having each a private bathroom attached
thereto for the purpose of providing ove r-
night lodging facilities to the general public
for compensation with or without meals ex-
cluding accommodation for employees and in
which ingress and egress to and from all
rooms is made through an inside office or
lobby supervised by a person in charge at all
hours. Where a hotel is permitted as principal
use, all uses customarily and historically an
accessory thereto for the comfort, accommo-
dation and entertainment of the patron, in-
cluding the service of alcoholic beverages
shall be permitted. [Ordinance 3050, 11/1/79]
Impound Lot: See Recycling, Junk or Sal-
vage Yard.
Junk Vehicle, Salvage Vehicle: A motor
vehicle or other vehicle, or portion thereof not
in running condition or not licensed for the
current year as provided by law. No junk ve-
hicle shall be kept, stored, or otherwise loca t-
ed anywhere except in an enclosed building
or in an approved and licensed recycling,
junk or salvage yard, except as provided in
City Code Section 4-4-7. [Ordinance 5288,
06/15/15]
Junk Yard: See Recycling, Junk or Salvage
Yard
Juvenile Center: See Group Home (Super-
vised or Unsupervised) [Ordinance 4554,
6/3/02]
Juvenile Detention Center: See Halfway
(Rehabilitation) House [Ordinance 4554,
6/3/02]
Kennel: Any building or lot on which five
(5) or more dogs or five (5) or more cats six
(6) months old or older are housed, bred,
boarded, trained, groomed or sold. This
would allow for up to 4 dogs and up to 4 cats
in a residential setting.
Kennel, Boarding: A place or establish-
ment other than a pound or animal shelter
where dogs or cats not owned by the proprie-
tor are sheltered, fed and watered in return
for a consideration.
Lot: For the purposes of this Ordinance, a
lot is a parcel of land of at least sufficient size
to meet minimum zoning requirements for
use, coverage and area to provide such yards
Page 112 of 131
CHAPTER 3
DEFINITIONS 10-3-1 DEFINITIONS.
17
Porch, Unenclosed: A roofed projection
which has no more than sixty (60) percent of
each outside wall area enclosed by a building
or siding material other than meshed screens.
If said unenclosed porch extends over a r e-
quired front or rear setback as provided her e-
in then the outside wall shall be a non-solid
wall utilizing a spindle or board design with
openings between boards to provide that no
more than sixty (60) percent of the wall area
is enclosed, or a solid wall when extending
not more than forty-two (42) inches above the
floor of the porch.
Principal Permitted Use: The main use of
land or structures, as distinguished from a
secondary or accessory use, or Special Permit
use.
Protected Uses: Protected uses include a
building in which a majority of floor space is
used for residential purposes; a property lo-
cated within a residentially zoned district; a
day care center where such day care center is
a principal use; a preschool; an elementary,
middle or high school (public, private or p a-
rochial); a house of worship; a mission; a pub-
lic library; a museum or cultural arts center or
facility; a public park; a publicly owned or
operated recreation center or athletic facility;
a privately operated recreational use; a civ-
ic/convention center; a community residen-
tial facility; a hospital; a dental, med ical or
mental health facility; a building or office op-
erated by any governmental entity. However,
this definition shall not apply if the protected
use is a legal non-conforming use. Whether a
given use is a protected use as defined herein
shall be determined by the city planner in his
reasonable discretion.
Public Utility: Public or quasi-public dis-
tributing or operating equipment for related
services for telephone, cable television, elec-
tricity, gas, sewer and water, and other essen-
tial commodities or services such as transpo r-
tation or communication. This includes pri-
vately owned structures and equipment
when used to provide an essential commod i-
ty or service to the public.
Rear Lot Line: Ordinarily that line of a lot
which is opposite and farthest from the front
lot line. In triangular or other odd-shaped lots
the rear lot lines shall be determined by the
City Planner or designee.
Recreational Vehicle: [Ordinance 4125,
9/11/95]
A vehicle which is:
1. Built on a single chassis;
2. 400 square feet or less when
measured at the largest horizontal
projection (this provision is for
floodplain management purposes
only); [Ordinance 5049, 6/20/11]
3. Designed to be self-propelled or
permanently towable by a light
duty truck; and
4. Designed primarily not for use as
a permanent dwelling but as tem-
porary living quarters for recrea-
tional, camping, travel or seasonal
use.
Recycling, Junk or Salvage Yard: Any
place where materials that would otherwise
be considered waste, are collected, separated,
or processed to be used as raw materials. M a-
terials would include, but not be limited to:
scrap iron or other metals, motor vehicles not
in running condition and not being actively
restored to running condition, parts of vehi-
cles, plastic bottles or containers, rags, paper
cardboard, glass and tires. [Ordinance 3864,
6/3/92] This would also include any area
where waste, discarded, or salvaged mater i-
als are bought, sold, exchanged, baled or
packed, disassembled, kept, stored or han-
dled, including house wrecking yards, used
lumber yards and places or yards for storage
of salvaged house wrecking and structural
steel materials and equipment, but not in-
cluding areas where such uses are conducted
entirely within a completely enclosed build-
ing, and not including the processing of used,
discarded or salvaged materials as part of
manufacturing operations, and not including
Page 113 of 131
CHAPTER 3
DEFINITIONS 10-3-1 DEFINITIONS.
18
contractors storage yards, and not including
rubble fill deposited on property in compli-
ance with 4-3B of the Code of Ord inances.
For the purpose of this Ordinance, the term
“actively restored to running condition” in
other than a recycling, junk or salvage yard
shall mean if within the last thirty (30) days
the owner of the business or premises on
which the vehicle is located has spent at least
ten (10) hours of labor in the repairing, re-
building or reconstruction of the motor vehi-
cle. The burden shall be on the owner to
prove that it is being actively restored which
may include receipts for the purchase of parts
and supplies during the last thirty (30) days
which have been installed in the vehicle. This
exception for motor vehicles being actively
restored shall not extend to vehicles from
which parts are being taken to restore another
vehicle. Parts being used in the restoration of
a motor vehicle must be stored in an e nclosed
building while restoration work is not taking
place. For the purposes of this Ordinance, the
term “recycling yard” shall include a “junk
yard”, “salvage yard”, or “auto salvage
yard”. Impound yards to which vehicles are
taken for temporary or long term storage un-
til control of vehicle can be returned to the
owner, or the vehicles are recycled or auc-
tioned off shall be considered recycling, junk
or salvage yards.
Regulatory Flood: A flood which is rep-
resentative of large floods known to have o c-
curred generally in the area and reasonable
characteristic of what can be expected to oc-
cur in a particular stream. The regulatory
flood has a frequency of approximately 100
years determined from an analysis of floods
on a particular stream and other streams in
the same general region.
Regulatory Flood Protection Elevation:
The elevation to which uses regulated by this
Ordinance are required to be elevated or
floodproofed.
Restaurants:
1. Drive-In Establishment: An estab-
lishment which by design or phys-
ical facilities or by service or pack-
aging procedures, encourages or
permits customers to receive or
obtain a product which may be
used or consumed in an automo-
bile on the premises or to be enter-
tained while remaining in an au-
tomobile. This term does not in-
clude sidewalk or patio cafes
where service is provided to tables
only.
2. Fast Casual Type: Where custom-
ers are normally served at the
same table or counter at which
items are consumed but customers
are served with disposable dishes
and cutlery which are expected to
be disposed of by the customer.
3. Fast Food Type: Where customers
are normally served their food or
beverages in disposable containers
for consumption on the premises
or within a motor vehicle.
4. Standard Type: Where customers
are normally provided with an in-
dividual menu and are served
their food or beverages by a res-
taurant employee at the same ta-
ble or counter at which said items
are consumed.
Rooming House: A building where a
room or rooms are provided for compens a-
tion to three (3) or more persons.
Rubble Disposal Site or Rubble Fill Site:
The premises where rubble fill is placed, set
down or deposited for the purpose of, or
which has the result or effect of changing the
existing contour or raising the elevation of
said land with 25 cubic yards or more of fill.
A fill site is also where the owner/operator
advertises “fill wanted” regardless of the vol-
ume. Temporary above-ground storage dur-
Page 114 of 131
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SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS 10-27-1 SPECIAL PROVISIONS, EXCEPTIONS AND MODIFICATIONS.
146
property unless approved by the City Council
by encroachment agreement. [Ordinance 4841,
10/16/06] In “C-2” and less restrictive Dis-
tricts, signs, overhangs, and marquees at-
tached to a building may extend over street
right-of-way lines provided the erection of
such signs, overhangs, and marquees are con-
structed in accordance with the provisions of
the building code.
G. Existing Unenclosed Porch, New
Deck or Unenclosed Porch.
1. An existing unenclosed porch on the
front of a dwelling built prior to adop-
tion of Ordinance 2479, adopted
02/03/69, may be re-modeled or re-
built to an enclosure when projecting
no farther than the original open
porch. [Ordinance 4656, 11/10/03] [Or-
dinance 4855, 2/19/07]
2. A new deck or unenclosed porch ad-
dition to a dwelling may be built eight
(8) feet or one fourth (1/4) the dis-
tance (whichever is greater) into the
required front or rear yard setback.
This shall only include the required
setback as stated in the Bulk Regula-
tions Section of the District in which
located, and shall not include the av-
erage setback required by the Front
Yard Section of Chapter 5, General
Regulations. Existing dwellings with
a front or rear yard setback that is less
than the minimum required shall cal-
culate one fourth (1/4) the distance of
the existing setback, however this
shall not prohibit the erection of an
eight (8) foot deck or unenclosed
porch. This will not be interpreted in
any way to authorize any addition
over a platted building line, easement,
property line or road right-of-way
line. This provision shall not allow a
deck or unenclosed porch addition
within a required side yard setback,
except a required side yard along a
street frontage on a corner lot. Said
addition is defined as a non-enclosed
structure and, for decks in the front
yard, with a non-solid side wall, if any
at all, which cannot be enclosed in the
future as an addition to the home.
Non-solid wall shall mean a wall or
fence utilizing a spindle or board de-
sign with openings between boards
that are at least the width of the
boards. For porches in the front or
rear, or decks in the rear, a solid wall
may be used if it does not exceed for-
ty-two (42) inches in height above the
floor of the deck or porch. [Ordinance
4386, 10/18/99] [Ordinance 4656,
11/10/03]
H. Special Permit Required.
A Special Permit for the location of any of
the following buildings or uses in any district
permitted by this Ordinance must be ob-
tained from the Board of Adjustment [Ordi-
nance 3614, 1/9/89] after public hearing there-
on:
1. Any public building or use erected or
maintained by any department of the
city, township, county, state or federal
government, excluding parks or rec-
reational trails and accessory uses and
structures customarily incidental to a
park or recreational trail.
2. Public and parochial schools and oth-
er educational institutions having an
established current curriculum similar
to that ordinarily given in Waterloo
public schools, and colleges, universi-
ties, or institutions of higher educa-
tion.
3. Hospitals, excluding animal hospitals,
and clinics, excluding clinics in the “R-
4” Multiple Residence District or less
restrictive district.
4. Group Homes (Unless located in a "C-
1" or less restrictive district). [Ordi-
nance 4554, 6/3/02]
5. Halfway (Rehabilitation) Houses. [Or-
dinance 4554, 6/3/02]
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147
6. Community building, institutional or
community recreation center or field,
commercial and private outdoor rec-
reational uses such as baseball fields,
swimming pools, skating facilities,
golf course or country clubs, minia-
ture/goofy golf and driving ranges,
Commercial Campgrounds, Hunting
and Fishing Clubs, Skeet or Trap
Shooting Ranges, Archery and Gun
Range Facilities, Outdoor Paintball
Facilities, Automobile Race Tracks,
Drag Strips, Go-cart Tracks, Mini
Bikes or Activity Areas for Motorcy-
cles, Snowmobiles, or ATV’s, Drive-in
Theaters, or similar public or private
open air recreational uses and facili-
ties, excluding public or private parks
or pedestrian recreational trails and
accessory uses and structures custom-
arily incidental to a park or pedestrian
recreational trail. Private non-
commercial areas, such as non-profit
clubs, etc. shall only require Special
Permit approval if organized events
or activities occur more than 12 times
in a calendar year. [Ordinance 5395,
04/10/17]
7. Public or private cemetery or burial
ground. (Minimum thirty (30) acres)
[Ordinance 5395, 04/10/17]
8. Recycling, Junk or Salvage Yards as
defined in this Ordinance provided
that they are within the following zon-
ing classifications: “M-1” Light Indus-
trial District, “M-2” Heavy Industrial
District or “M-2,P” Planned Industrial
District and meet the following mini-
mum requirements:
The City of Waterloo in attempt to be
more sustainable and encourage more
ecologically friendly businesses
adopts these salvage yard regulations
in part based on the Iowa Recyclers
Association’s I-CARE program.
a. The yard shall be completely sur-
rounded with a fence or wall that
is eight (8) feet in uniform height
and color. The fence shall be of an
opaque material and kept free of
any openings such as broken out
areas and torn holes. Chain link
or heavy wire gates may be used
for see through inspection pur-
poses for no more than forty (40)
feet along each side of the yard
having street frontage and at ap-
proved points of access to a public
street or alley. Chain link or heavy
wire fencing that is free from torn
areas or openings may be placed
along sides of the yard adjoining a
flood control levee or other such
barrier which would permanently
screen the yard from public view.
No storage outside of fenced area
except for receiving of vehicles
that must be moved in 5 business
days.
b. No off-premise advertising shall
be on any wall or fence. The name
of the yard and other services of-
fered by the yard, if placed on the
wall or fence, shall occupy no
more than ten (10) percent of the
wall or fence.
c. The posts, rails or other support-
ing elements of the fence shall face
the inside of the yard and not be
visible from outside the yard.
d. Vehicle bodies stacked higher than
the wall or fence shall be no higher
than two (2) car bodies above the
wall or fence when stacked at least
fifteen (15) feet from the wall or
fence. Car bodies stacked no
higher than the fence need not be
15 feet from the fence. All other
stacked salvage material shall not
be stacked higher than the allowa-
ble building height for the District.
The Board of Adjustment shall
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148
have the power to grant an excep-
tion to these stacking provisions
so long as said exception is in a c-
cordance with the purpose and in-
tent of the Zoning Ordinance.
e. All work performed shall be car-
ried on within the fenced area or
within an enclosed building or
structure approved as a part of the
salvage operation.
f. Contaminating fluids, such as
gasoline, oil and grease, are pro-
hibited from being discharged on-
to the grounAll automotive fluids
must be properly removed and
managed as part of the disman-
tling procedure and/or prior to
crushing the vehicles to ensure
that no fluids are discharged into
the ground. All fluids removed
from the vehicles must be stored
in containers that are in good con-
dition. If containers are in excess
of 55 gallons and stored outdoors
they must have secondary con-
tainment and be properly marked
as to what fluids they contain and
be properly stored to insure that
they do not lead into the ground,
sewer systems, drainage pipes, or
bodies of water.
f.g. No salvage materials shall be
placed in the Floodway District.
Materials in the Floodway Fringe
District (100 year flood district)
shall be in accordance with the
performance standards of that
District.
h. New yards established after the
adoption of these provisions shall
place the required solid wall or
fence no closer to any street lot
line than the minimum front yard
required in the District in which it
is located. Within this setback
there shall be at least four (4) 2-
inch caliper understory trees with-
in every 100 feet or part thereof
that are maintained in a healthy
condition. This does not pertain
to expansions of existing yards
within the same block and on the
same street as the existing yard.
All areas devoted to customer
and/or employee parking located
outside of the fence or wall area
must be hard surfaced and on pri-
vate property in accordance with
the off-street parking Section of
the Zoning Ordinance. [Ordinance
3104, 10/6/80] [Ordinance 3233,
8/2/82] [Ordinance 3323, 2/6/84]
[Ordinance 3614, 1/9/89] [Ordinance
3864, 6/1/92]
i. The Iowa Department of Natural
Resources must be notified of any
hazardous spill that has the poten-
tial to leave the property by run-
off, sewers, tile lines, culverts,
drains, utility lines, or some other
conduit; has the potential to reach
a water of the state either surface
or groundwater; the substance can
be detected in the air at the
boundaries of the facilities; there is
a potential threat to public health
and safety;
j. Maintain a Spill Prevention con-
trol and Countermeasures plan
per EPA regulations.
k. All lead-acid and hybrid batteries
are properly removed and man-
aged as part of the dismantling
procedure and/or prior to crush-
ing the vehicles. Spent lead-acid
batteries are placed either in a
covered storage area on an imper-
vious surface or in plastic contain-
ers with lids. Spent lead-acid bat-
teries are recycled through a repu-
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149
table battery recycler. Hybrid bat-
teries should be recycled.
l. Refrigerant is evacuated from each
vehicle in accordance with appli-
cable regulations, or contracts for
refrigerant removal with a li-
censed vendor. Records are main-
tained for off-site refrigerant dis-
posal/reclamation that includes
the amount of refrigerant, the date
spent, and the facility that re-
ceived the refrigerant.
m. Engines and transmissions to be
resold are stored under a perma-
nent roof on an impervious sur-
face, or in an outside covered
weather-proof container. Scrap
core, engines and transmissions
are stored under a permanent roof
on an impervious surface, in an
outside covered weather-proof
container, or an impervious sur-
face that drains to an oil-water
separator.
n. Vehicle hoods are routinely kept
closed to reduce exposure to rain
fall of engines that remain in the
vehicles stored in the yard.
o. Spent solvents from the parts
cleaning systems are disposed of
with an authorized processor.
p. Waste water from parts washing is
either recycled or collected for
disposal in an approved manner,
and shall not be discharged to the
surface (ground) or any storm wa-
ter collection system.
q. Waste tires are stored on-site with
at least 20 feet of clearance be-
tween tire storage areas, the pe-
rimeter of the yard and/or struc-
tures. No more than 500 exposed
non-racked tires and no more than
1,500 tires are kept on-site at any
given time.
r. Fluorescent bulbs are managed as
Universal Waste and properly re-
cycled.
s. Maintain compliance with City of
Waterloo Storm Water regulatory
requirements and IDNR storm wa-
ter general permit for industrial
classification 5015.
t. Maintain Iowa DOT recycler’s li-
cense, Iowa DOT Used car Deal-
er’s license, Sales Tax Permit, and
Household Hazardous Material
permit (if any are required).
u. Any new impound lot must obtain
Special Permit approval and meet
all regulations as a Recycling, Junk
or Salvage Yard. Existing im-
pound lots that are not currently
licensed as a Recycling Yard under
Section 3-10 of the Code of Ordi-
nances shall obtain said license by
May 1, 2018.
v. Must have current licenses, be up
to date on any required training
and follow all applicable state and
federal regulations.
w. All recycling facilities within the
City of Waterloo are encouraged
to be certified under the Iowa Re-
cyclers I-CARE program.
x. Any new yard must be at least 600
feet from any protected use as de-
fined herein.
y. Any yard that has failed to renew
their Recycling Yard license pro-
vided in Section 3-10 of the Code
of Ordinances within six months
of the deadline will be considered
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150
abandoned and will have to cease
operations or go through the Spe-
cial Permit process and meet cur-
rent regulations.
9. Waste Disposal Site [Ordinance 3263,
3/7/83]. Any such request shall in-
clude the submittal of a site plan. The
Commission may require any specific
criteria to protect the health, safety
and welfare of the citizens of Waterloo
and vicinity, including, but not lim-
ited to the following items:
Detailed site plan delineating slope,
access, fencing, provisions for erosion
(wind and water), leaching, landscap-
ing, setbacks and other required pro-
visions.
Performance Bond to secure the reha-
bilitation of the site in accordance
with the approved plan.
Statement as to what types of wastes
will be contained in the site.
Review by the Iowa Department of
Natural Resources [Ordinance 3614
1/9/89], advising the City of the poten-
tial hazards and necessary safeguards.
10. Mobile Home Parks, including facto-
ry-built home parks and subdivisions
if the structures are not classified as
real estate.
11. Rubble Disposal Site, Rubble Fill Site,
or clean fill site, except clean fill ap-
proved as part of a development plan.
A duplicate of the application submit-
ted to the Black Hawk County Health
Department shall be submitted to the
Commission. The application shall
contain the signature of landowner,
legal description of property, a plot
plan showing area to be filled with ex-
isting and proposed final elevations.
The application shall also include an
estimate of the number of cubic yards
necessary and length of time estimat-
ed to complete filling. [Ordinance 3590,
10/17/88]
12. Adult Businesses/Adult Uses [Ordi-
nance 3642, 5/1/89] in accordance with
“Adult Businesses/Adult Uses” of
Sections 10-3-1, 10-15-1(A)(2), and 10-
27-1(N).
13. Gaming facilities, unless located with-
in a Planned District where listed as a
Permitted Use. [Ordinance 4735,
10/18/04]
14. One or two-family residential struc-
tures when more than one (1) such
structure is erected on a single lot in
the “R-1” or “R-2” District. [Ordinance
4855, 2/19/07] [Ordinance 4885,
10/15/07]
15. Non-Limited Alcohol Sales Uses,
when meeting the following mini-
mum requirements:
a. Where the business, when operat-
ed in conformance with such rea-
sonable conditions as may be im-
posed by the Board of Adjust-
ment, satisfies the following crite-
ria:
i. The proposed location, design,
construction and operation of
the particular use adequately
safeguards the health, safety
and general welfare of persons
residing in the adjoining or
surrounding residential area.
ii. The business uses landscaping,
walls or structures to prevent
any noise, vibration or light
generated by the business
from having a significant det-
rimental impact upon the ad-
joining residential or protected
uses.
iii. The business will not unduly
increase congestion on the
streets in the adjoining resi-
dential area.
Page 119 of 131
C ITY OF WATER LOO
Council Communication
An O rdinanc e amending the C ity o f Waterlo o C ode o f O rd inances b y ad ding a new Title 5 C hapter 2 S ec tio n
13 F irewo rks.
City Council Meeting: 11/13/2017
Prepared: 11/8/2017
R EV I EWER S :
D epartment R eviewer Action D ate
C lerk O ffice F elchle, K elley Approved 11/8/2017 - 3:49 P M
ATTA C H M EN TS :
Description Type
Ordinance B ackup M aterial
S UB J E C T:
Motio n to rec eive, file, c o nsider, and p as s fo r the firs t time an o rd inance
amending the C ity of Waterlo o C ode o f O rdinanc es by adding a new Title 5,
C hapter 2, S ec tion 13-F irewo rks.
Motio n to s us p end the rules .
Motio n to rec eive, file, c o nsider, and p as s fo r the s econd and third times and
ad o p t s aid o rd inance.
S ub mitted by:S ubmitted By: Kelley F elchle, C ity C lerk
Page 120 of 131
5-2-13: FIREWORKS:
A. Definition: The sale and use of fireworks is subject to the definitions enumerated in Iowa
Code sections 100.19 and 727.2, as amended, which definitions are incorporated herein by this
reference.
B. Prohibitions: It shall be unlawful for any person to use or explode any consumer fireworks or
display fireworks within the corporate limits of the City of Waterloo except on July 4 of each
year during the hours of 6:00 p.m. and 10:00 p.m.
C. Exception: Nothing in this section shall be construed to prohibit the use of blank cartridges for
a show or the theater, or for signal purposes in athletic sports or by railroads or trucks, for signal
purposes, or by a recognized military organization, or for use in military funerals. Provided
further, this section does not apply to any substance or composition prepared and sold for
medicinal or fumigation purposes.
D. Permit: Subsection B of this section shall not apply to anyone who has applied in writing and
has received approval from this council for the use of consumer fireworks or display fireworks
anywhere in the city on any date when the fireworks display will be handled by a professional
operator, as referenced in 9-2C-3 of this code.
E. Violation: A violation of this section is a simple misdemeanor punishable by a fine of not less
than two hundred fifty dollars ($250.00).
Page 121 of 131
C ITY OF WATER LOO
Council Communication
Motio n ap p roving C hange O rd er No. 3, for a net inc reas e of $57,446.80, and C hange O rd er No. 4, fo r a net
inc reas e of $34,291.32, for the F Y 2017 S treet R econs tructio n P ro gram, C o ntract No. 921, and authorize the
Mayo r and C ity C lerk to execute s aid doc uments .
City Council Meeting: 11/13/2017
Prepared: 11/7/2017
R EV I EWER S :
D epartment R eviewer Action D ate
E ngineering T horson, E ric Approved 11/8/2017 - 10:41 AM
C lerk O ffice E ven, L eAnn Approved 11/8/2017 - 11:00 AM
ATTA C H M EN TS :
Description Type
C ont 921_C hange O rder N o. 3 C over Memo
C ont 921_C hange O rder N o. 4 C over Memo
S ub mitted by:S ubmitted By: Dennis G entz, P E, Assistant C ity Engineer
R ec o mmended Ac tio n:Ap p ro ve c hange o rd ers .
Background I nformatio n:
C hange O rd er No. 3:
P lace new p arking lo t after the demo o f 216-222 C ommerc ial S t. and the
remo val and replac ement of the pavement markings in the parking lot next to
C o mmercial S t./1s t S t. and the parking lo t next to Jeffers o n S t.
C hange O rd er No. 4:
Work to c omplete the rep lacement o f C N R ailroad crossing imp ro vements
o n E. 4th S t. b etween S umner S t. and Dane S t, and o n Nevada S treet
b etween Mo nroe S treet and P olk S treet.
Page 122 of 131
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C ITY OF WATER LOO
Council Communication
Exec utive S es s ion on ac q uisitio n o f property purs uant to Iowa C ode S ection 21.5(1)(j)(2017).
City Council Meeting: 11/13/2017
Prepared:
R EV I EWER S :
D epartment R eviewer Action D ate
P lanning & Z oning Anderson, N oel Approved 11/8/2017 - 11:31 AM
C lerk O ffice E ven, L eAnn Approved 11/8/2017 - 3:36 P M
S ub mitted by:S ubmitted By:
Page 127 of 131
C ITY OF WATER LOO
Council Communication
Airp o rt Board Meeting Minutes , S ep tember 26, 2017.
City Council Meeting: 11/13/2017
Prepared: 11/7/2017
R EV I EWER S :
D epartment R eviewer Action D ate
Airport H igby, Nancy Approved 11/8/2017 - 12:03 P M
C lerk O ffice H igby, Nancy Approved 11/8/2017 - 12:03 P M
ATTA C H M EN TS :
Description Type
Airport B oard M eeting M inutes S eptember 26,2017 C over Memo
S UB J E C T:Airp o rt Bo ard Meeting Minutes , S ep temb er 26, 2017.
S ub mitted by:S ubmitted By:Keith Kas p ari, Directo r of Aviatio n
Page 128 of 131
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