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Council Packet - 2/5/2018
THE C I TY C O U N C I L O F TH E C I TY O F WATE R LO O, I O WA , R E G U LA R SE SSI O N TO B E HE LD AT TH E H A R O LD E . G E TTY C O U N C I L C H A M B E R S M onday, F ebruary 5, 2018 5:30 PM CITY OF WATERLOO GOALS 1. S upport the c reation of new, livable wage jobs through a balanc ed ec onomic development approac h of assisting exis ting busines s es , fos tering s tart-ups, attrac ting new employers and c ultivating an adequate workforce. 2. Implement a C ommunity P olic ing strategy that creates a s afe environment in Waterloo. 3. R educe the C ity's property tax levies through a respons ible balance of c os t reduc tion in C ity operations and increases in taxable property valuations to ens ure that Waterloo is a c ompetitive, affordable, and livable c ity. 4. Enhance the image of Waterloo and the C ity to residents and busines s es ins ide and outside of the c ommunity. G eneral Rul es for P ubl i c P arti ci pati on 1. At the chair/presider's dis cretion, you may addres s an item on the current agenda by stepping to the podium, and after rec ognition by the chair/presider, s tate your name, address and group affiliation (if appropriate) and speak c learly into the microphone. 2. You may speak one (1) time per item for a maximum of five (5) minutes as long as you have registered with the C ity C lerk's offic e no later than 4:00 p.m. on the day of the C ounc il Meeting. If not registered with the C ity C lerk's offic e you may s peak one (1) time per item for a maximum of three (3) minutes . 3. If there is a hearing s cheduled as part of an agenda item, the c hair/pres ider will allow everyone who wishes to address the c ouncil, us ing the s ame participation guidelines found in these "general rules ". 4. Although not required by city code of ordinanc es , oral presentations may be allowed at the c hair/pres ider's (us ually the Mayor or Mayor P ro Tem) dis cretion. T he "oral presentations" sec tion of the agenda is your opportunity to addres s items not on the agenda. You may speak one (1) time for a maximum of five (5) minutes as long as you have registered with the C ity C lerk's offic e no later than 4:00 p.m. on the day of the C ounc il Meeting. If not regis tered with the C ity C lerk's office a speaker may speak to one (1) issue per meeting for a maximum of three (3) minutes . O ffic ial ac tion c annot be taken by the C ouncil at that time, but may be plac ed on a future agenda or referred to the appropriate department. 5. Keep comments germane and refrain from pers onal, impertinent or slanderous remarks. 6. Q uestions concerning these rules or any agenda item may be directed to the C lerk's O ffic e at 291-4323. 7. C itizens are encouraged to register with the C lerk's O ffic e by 4:00 p.m. on Monday of the day of the C ity C ouncil meeting to appear before the C ity C ouncil (may als o regis ter by phone). R egis tered s peakers will be given first priority. Page 1 of 273 Roll Call. Prayer or Moment of Silence Pledge of Allegiance Julie Dawson, Housing Authority Director Agenda, as proposed or amended. Minute s of January 22, 2018, Re gular Session, as proposed. ORAL P R ES ENTATI ON S I owa Code Chapter 21 gives the public the right to attend council meetings but it does not require cities to allow public participation except during public hearings. T he City of Waterloo encourages the public to participate during the Oral Presentations by following the rules listed on the front of the agenda. Mayor and Council Monthly Reports. 1.Conse nt Agenda: (The following items will be acted upon by voice vote on a single motion without separate discussion, unless someone from the council or public requests that a specific item be considered separately.) A.Resolution to approve the following: 1.Bills Payment, Finance Committee Invoice Summary Report, a copy of which is on file in the office of the City Clerk. 2.Resolution approving the request of Travis Heimbuch for tax exemptions on the construction of a new single family home valued at $470,000 for property located at 4887 Shelley Ct. and located in the City Limits Urban Revitalization Area (C LURA). Submitted By: Noel Anderson, Community Planning & Development Director 3.Resolution approving the request of Doa Hoang and Canh Nguyen for tax exemptions on the construction of a new single family home valued at $315,000 for property located at 1115 Partridge Lane and located in the City Limits Urban Revitalization Area (C LURA). Submitted By: Noel Anderson, Community Planning & Development Director 4.Resolution approving the request of Matthew and Alexis Henning for tax exemptions on the construction of a new single family home valued at $335,000 for property located at 1140 Partridge Lane and located in the City Limits Urban Revitalization Area (C LURA). Submitted By: Noel Anderson, Community Planning & Development Director 5.Resolution approving the request of Skogman Homes for tax exemptions on the construction of a new single family home valued at $372,353 for property located Page 2 of 273 at 1407 Falcon Ridge and located in the City Limits Urban Revitalization Area (C LURA). Submitted By: Noel Anderson, Community Planning & Development Director 6.Resolution approving the request of Marla Myers for tax exemptions on the construction of a new single family home valued at $333,910 for property located at 4440 Charm Drive and located in the City Limits Urban Revitalization Area (C LURA). Submitted By: Noel Anderson, Community Planning & Development Director 7.Resolution approving the request of Ann Knudtson for tax exemptions on the construction of a new single family home valued at $451,801 for property located at 5012 South Fork Lane and located in the City Limits Urban Revitalization Area (C LURA). Submitted By: Noel Anderson, Community Planning & Development Director 8.Resolution approving the request of Gary Vandello for tax exemptions on the construction of a new single family home valued at $400,000 for property located at 3827 Trent Lane and located in the City Limits Urban Revitalization Area (C LURA). Submitted By: Noel Anderson, Community Planning & Development Director 9.Resolution approving the request of Debra Slater for tax exemptions on the construction of a new sun porch valued at $7,020 for a property located at 4002 Homer Street and located within the Consolidated Urban Revitalization Area (C U R A). Submitted By: Noel Anderson, Community Planning & Development Director 10.Resolution approving the request of Tyrus Meester for tax exemptions on the construction of a new home valued at $245,000 for property located at 205 Ogden Street and located within the Consolidated Urban Revitalization Area (CURA). Submitted By: Noel Anderson, Community Planning & Development Director 11.Resolution approving the request of T helma Hill for tax exemptions on the construction of home improvements valued at $37,775 for a property located at 536 Adams Street and located within the Consolidated Urban Revitalization Area (CURA). Submitted By: Noel Anderson, Community Planning & Development Director 12.Resolution approving the request of Richard Korneisel for tax exemptions on the construction of home improvements valued at $30,002 for a property located at 411 W Dale Street and located within the Consolidated Urban Revitalization Area (CURA). Submitted By: Noel Anderson, Community Planning & Development Director 13.Resolution approving the request of Richard Korneisel for tax exemptions on the construction of home improvements valued at $9,267 for a property located at 917 W 11th Street and located within the Consolidated Urban Revitalization Area (C U R A). Submitted By: Noel Anderson, Community Planning & Development Director 14.Resolution approving the request of Laura and Richard Wright for tax exemptions on the construction of a new home valued at $155,000 for property located at 1220 Ann Street and located within the Consolidated Urban Revitalization Area (C U R A). Submitted By: Noel Anderson, Community Planning & Development Director Page 3 of 273 15.Resolution approving preliminary plans, specifications, form of contract etc., setting date of bid opening as March 8, 2018 and date of public hearing as March 12, 2018 for the FY 2019 Complaint Mowing with Complaint Snow Removal contract, and instruct City Clerk to publish said notice. Submitted By: David R. Zellhoefer, City Attorney 16.Request from Irving Elementary School to hold a 5K Race on April 21, 2018 from 9:30 a.m. to Noon, commencing and concluding in the area of Irving Elementary School, located at W. 5th Street and Locust Street, with the route primarily on the residential streets near the school. Submitted By: Captain Dave Mohlis B.Motion to approve the following: 1.T R AV EL RE QUE STS a.De nnis Ge ntz, Assistant City Enginee r Class/Meeting: Iowa Concrete Paving Association 54th Annual Concrete Paving Workshop Destination: Altoona, IA Dates: February 7-9, 2018 Amount not to exceed: $210 b.Abraham Funche ss, Jr., Ex ecutiv e Director Class/Meeting: 2018 National Community Reinvestment Coalition Annual Conference Destination: Washington, D.C. Dates: April 8-12, 2018 Amount not to exceed: $2,845 c.Elizabeth Andre s, Re gistrar and Chawne Paige, Curator - Wate rloo Ce nte r for the Arts Class/Meeting: International Carnivale Celebration, Navy Pier Destination: Chicago, IL Dates: February 10-11, 2018 Amount not to exceed: $350 d.Julie Dawson, Exe cutive Dire ctor; Be ve rly Cosby, Housing Coordinator; Tajah Wright, Housing Coordinator Class/Meeting: Iowa N AH R O (National Association of Housing and Rehabilitation Officials) 2018 Annual Conference/Training Destination: West Des Moines, IA Dates: April 18-20, 2018 Amount not to exceed: $2,355 e.Brock We live r, Fire Inspector Class/Meeting: Fire Inspector 1 Certification Destination: Coralville, IA Dates: February 19 or March 2, 2018 Amount not to exceed: $215 2.L I QUOR LI CE N SE S a.The Broken Re cord, 315 W. 4th Stre et Page 4 of 273 Class: C Liquor w/Outdoor Service Renewal Application Includes Sunday Expiration Date: 01/20/2019 b.Ce dar Valley Fish Marke t, 218 Division Stree t Class: B Beer Renewal Application Does not include Sunday Expiration Date: 01/25/2019 c.Grout Muse um, 503 South Stree t Class: Special C Liquor w/Outdoor Service Renewal Application Includes Sunday Expiration Date: 12/14/2018 d.Jason's Place , 213 E. 5th Stree t Class: C Liquor New Application Includes Sunday Expiration Date: 02/08/2019 e.Singlespee d Bre wing Company, 325 Comme rcial Stree t Class: Brew Pub / C Liquor w/Outdoor Service Renewal Application Includes Sunday Expiration Date: 12/31/2018 f.The Supe rv isor's Club, 3265 Dewitt Road Class: C Liquor w/Outdoor Service Renewal Application Includes Sunday Expiration Date: 11/09/2018 g.Trucker Bar, 1915 Bourland Av enue Class: C Liquor Renewal Application Includes Sunday Expiration Date: 12/12/2018 h.Vete rans of Fore ign Wars Club Post 1623, 1406 Commercial Stre et Class: A Liquor w/Outdoor Service Renewal Application Includes Sunday Expiration Date: 01/14/2019 i.X O Food & Liquor, 428 Franklin Stre et Class: B Wine / C Beer Renewal Application Includes Sunday Expiration Date: 12/14/2018 j.X O Food & Liquor, 428 Franklin Stre et Class: E Liquor Renewal Application Includes Sunday Expiration Date: 12/14/2018 3.A PP OI NTME N T S Page 5 of 273 a.Edward Ottese n Board/Commission: Design Review Board Expiration Date: 01/26/2021 Re-Appointment b.Richard Jaacks Board/Commission: Design Review Board Expiration Date: 02/02/2021 Re-Appointment c.Case y Gardner Board/Commission: General Contractors Board of Licensing, Examiners & Appeals Expiration Date: 02/16/2021 Re-Appointment 4.Recommendation of appointment of Jonathan Oehlerich, from the Civil Service list, to the position of Garage Mechanic at the Public Works Central Garage, effective February 7, 2018. Submitted By: Sandie Greco, Interim Public Works Director 5.Recommendation of appointment of Julianna Henrich to the position of Administrative Secretary in the Waste Management Department, effective February 12, 2018. Submitted By: Steve Hoambrecker, Director, Waste Management Services 6.Recommendation to appoint Ruth Muller to the position of Property Evidence Coordinator in the Police Department, effective February 6, 2018. Submitted By: Captain Frank Krogh 7.Cigarette/Tobacco/Nicotine/Vapor Permit New Application for Love's Travel Stop #702, 3301 Greyhound Drive, Suite A. PUBLI C H EARI NGS 2.Re quest by Stev en Hackbarth to rezone approx imately 1.05 acre s of land from “R-3” Multiple Re side nce District and "C-2" Comme rcial District to “C-1,C-Z” Conditional Zoning District, for the purposes of e stablishing an antique store and one apartme nt unit in a forme r church building, locate d at 719 West 6th Stre et. Motion to receive and file proof of publication of notice of public hearing. HOLD H EARIN G - No comments on file. Motion to close hearing and receive and file oral and written comments and recommendation of approval of the Planning, Programming and Zoning Commission. Motion to receive, file, consider, and pass for the first time an Ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10-4-4, approving a rezone of certain property, located at 719 West 6th Street. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt said Ordinance. Submitted By: Noel Anderson, Community Planning & Development Director 3.Phe lps Youth Pavilion Play scape Proje ct Page 6 of 273 Motion to receive and file proof of publication of notice of public hearing. HOLD H EARIN G - No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution confirming approval of plans, specifications, bid documents, form of contract, estimate of cost, etc. Resolution authorizing to proceed. Motion to receive, file and instruct the City Clerk to read bids bids. Resolution approving award of bid to Soft Play of Huntersville, North Carolina, in the amount of $74,999, in conjunction with the Phelps Youth Pavilion Playscape Project, and authorize the Mayor and City Clerk to execute said documents. Submitted By: Kent Shankle, Cultural & Arts Director 4.Purchase of one (1) 4 Whee l Drive Compact Pickup With Cre w Cab Motion to receive and file proof of publication and notice of public hearing. HOLD H EARIN G - No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution confirming approval of specifications, bid document, form of contract, etc. Resolution authorizing to proceed. Motion to receive, file and instruct the City Clerk to read bids. Resolution to award bid to Karl Chevrolet of Ankeny, Iowa in the amount of $26,322.30. Submitted By: Sandie Greco, Interim Public Works Director R ES OLUTI ON S 5.Resolution approving a Professional Services Agreement with Pro West & Associates in the amount of $12,688.69 for completion of the road center line addressing layer for the City's (GIS) Geographic Information System, and authorize the Mayor to execute said document. Submitted By: Chris Youngblut, Technology Services Director 6.Resolution approving an acquisition contract with Jan Antonie Van Tonder and Heleen Van Tonder to donate a 9,380 square foot property to the City of Waterloo, located southeast of 1128 Washington Street (Highway 218), near the southwest corner of Washington Street and West 11th Street, and authorize the Mayor and City Clerk to execute said document. Submitted By: Noel Anderson, Community Planning and Development Director 7.Resolution approving Convention and Visitors Bureau Board recommendation for funding a hotel/motel Mini-Grant application for the First Robotics Competition Iowa Regional, in the amount of $2,438.40. Submitted By: Tavis Hall, Waterloo Convention and Visitors Bureau ORDI NANCE S 8.An ordinance amending Ordinance No. 5079, as ame nded, City of Wate rloo Zoning Ordinance, by amending the Official Zoning Map re ferre d to in Section 10-4-4, approving a rezone of ce rtain prope rty, locate d at and adjacent to 200 Ne vada Stre et. 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 Page 7 of 273 the Official Zoning Map referred to in Section 10-4-4, approving a rezone of certain property, located at and adjacent to 200 Nevada Street. Motion to suspend the rules. Motion to consider and pass for the third time and adopt said ordinance. Submitted By: Noel Anderson, Community Planning and Development Director 9.An ordinance adopting the Waterloo, Iowa Airport Land Use and He ight Ov erlay Zoning Ordinance , re gulating he ight and use restrictions in the v icinity of the airport to av oid airport hazards. Motion to receive, file, consider, and pass for the second time an ordinance adopting the Waterloo, Iowa Airport Land Use and Height Overlay Zoning Ordinance, regulating height and use restrictions in the vicinity of the airport to avoid airport hazards. Motion to suspend the rules. Motion to consider and pass for the third time and adopt said ordinance. Submitted By: Aric Schroeder, City Planner 10.An ordinance ame nding the 2008 Traffic Code , Se ction 540 - Obedie nce to Official Traffic-Control De vices, by de le ting subse ctions (88) First Stre et (E) and Mulberry Stree t - Pre-time d and (90) First Stree t (E) and Sycamore Stre et - Pre - Timed. Motion to receive, file, consider and pass for the first time an ordinance amending the 2008 Traffic Code, Section 540 - Obedience to Official Traffic-Control Devices, by deleting subsection (88) First Street (E) and Mulberry Street- Pre-timed and (90) First Street (E) and Sycamore Street - Pre-Timed, as signals have been removed. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt said ordinance. Submitted By: Sandie Greco, Interim Public Works Director 11.An ordinance ame nding the 2008 Traffic Code , Se ction 543 - Thru Stre ets by deleting Subse ction (57) First Stree t (E) and adding in lie u thereof a new Subsection (57) First Stre et (E). Motion to receive, file, consider and pass for the first time an ordinance amending the 2008 Traffic Code, Section 543 - T hru Streets by deleting Subsection (57) First Street (E) and adding in lieu thereof a new Subsection (57) First Street (E), as follows: (57) First Street (E) - Cedar River to Franklin Street except for signals at Lafayette Street and Franklin Street; and except Stop signs at Mulberry Street and Sycamore Street. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt said ordinance. Submitted By: Sandie Greco, Interim Public Works Director 12.An ordinance ame nding the 2008 Traffic Code Section 543 - Thru Stree ts, by deleting Subse ction (177) Walnut Stree t, and adding in lieu the re of a new Subsection (177), Walnut Stree t. Motion to receive, file, consider and pass for the first time an ordinance amending the 2008 Traffic Code Section 543 - T hru Streets, by deleting Subsection (177) Walnut Street, and adding in lieu thereof a new Subsection (177), Walnut Street as follows: (144) Walnut Street - Clay Street to South Barclay Street except for traffic signals at East Park Avenue, East Fourth Street, Martin Luther King Jr. Drive northbound, Martin Luther King Jr. Drive southbound, except 4-way stop at east T hird Street. Page 8 of 273 Motion to suspend the rules, Motion to consider and pass for the second and third times and adopt said ordinance.Submitted By: Sandie Greco, Interim Public Works Director 13.An Ordinance ame nding the 2008 Traffic Code , Se ction 544 - All Way Stop I nte rse ctions, by adding Subse ction (37) Walnut Stree t as follows: (37) Walnut Stre et from Clay Stre et to E. 3rd Stree t. Motion to receive, file, consider and pass for the first time an Ordinance amending the 2008 Traffic Code, Section 544 - All Way Stop Intersections, by adding Subsection (37) Walnut Street as follows: (37) Walnut Street from Clay Street to E. 3rd Street. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt said ordinance. Submitted By: Sandie Greco, Interim Public Works Director OTHE R COU N C I L B U SI NE SS 14.Motion approving Change Orde r No. 1 for a ne t incre ase of $3,000, to Lehman Trucking & Excav ating, Inc., in relation to demolition services at 216-220 Commercial Stre et. Submitted By: Noel Anderson, Community Planning and Development Director EX ECUTI V E S ES SI ON Motion to adjourn to Executive Session 15.To discuss litigation strategy with counsel, pursuant to Iowa Code §21.5(1)(c). Motion to adjourn E xecutive S ession A D JOU R N MENT M otion to adjourn. Kelley Felchle City Clerk MEE T I N GS 5:10 p.m. Finance Committee, Harold E. Getty Council Chambers PUBLI C I N F ORMATI ON 1.Board of Adjustment minutes of October 24, 2017. 2.Planning, Programming & Zoning minutes of December 5, 2017. 3.Historic Preservation Commission minutes of December 19, 2017. 4.Communication from the Waterloo Public Library on the notice of the conclusion of employment for Cheryl B. Scholl, Library Assistant, effective December 30, 2017 with recommendation of approval of payout of $5,445.02 for unused benefits. 5.Communication from the Waterloo Street Department on the notice of the conclusion of employment for Mark Lane, Street Foreman, effective December 29, 2017 with Page 9 of 273 recommendation of approval of payout of $11,984.00 for unused benefits. Page 10 of 273 CI TY OF WATER LOO Council Communication Minutes of January 22, 2018, R egular S ession, as proposed. City Council Meeting: 2/5/2018 Prepared: R EV I EWER S : Department R eviewer Action Date C lerk O ffice Higby, N ancy Approved 1/23/2018 - 12:11 P M ATTA C H M EN TS: D escription Type Minutes of 1/22/18 B ackup Material S ubmitted by:S ubmitted By: Page 11 of 273 January 22, 2018 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, January 22, 2018 . Mayor Quentin Hart in the Chair. Roll Call: Jacobs, Morrissey, Shimp, Klein, Amos, Schmitt, and Juon. Prayer or Moment of Silence. Pledge of Allegiance: Dave Zellhoefer, City Attorney 146464 - Juon/Schmitt that the Agenda, as amended by striking items eight and nine, for the Regular Session on Monday, January 22, 2018, at 5:30 p.m., be accepted and approved. Voice vote-Ayes: Seven. Motion carried. 146465 - Juon/Schmitt that the Minutes, as proposed, for the Regular Session on Monday, January 16, 2018, at 5:30 p.m., be accepted and approved. Voice vote-Ayes: Seven. Motion carried. ORAL PRESENTATIONS Jim Chapman, 224 Bertch, questioned if the deficit reported in the audit is linked to the lower number of tickets written. He further expressed concern that Des Moines is having issues filling rental units downtown and is concerned that the same may be happening in Waterloo. Paula Vroman, 2726 Heather Lane, expressed concern for flooding where duplexes are proposed to be built. She explained she was informed by city staff that notices were sent by the Planning and Zoning Department and that residents could no longer have a say in the project. She further questioned who to contact about flood issues. Mary Ann Mumm, 4842 Fostoria Drive, expressed concern over flooding near her home due to new development. Mike O’Brien, 2721 Heather Lane, expressed concern over flooding near his home due to new development. Chad Niles, 228 Hartman Avenue, questioned the status of the deed for the Edison School and how much land will be allocated for a park in the neighborhood. David Dreyer, 3145 W. 4th Street, commented that the consulting fees would add expenses to the Canopy Bridge Project. He further provided council with advice on budgeting revenue for setting the budget. Todd Obadal, 124 Amity Drive, commented on the need for final quantity adjustments to be referred to as final quantity adjustments on the agenda. Bruce Kaesser, 500 W. 5th Street, asked that individuals with disability issues contact him for assistance. Mr. Jacobs requested that citizens be more respectful of the recycling centers and use them for recycling and not throwing trash away, commented that the resolution from 1991 be revised, he also proposed that council members reduce their pay. 146466 - Juon/Schmitt that the above oral comments be received and placed on file. Voice vote-Ayes: Seven. Motion carried. CONSENT AGENDA 146467 - Juon/Schmitt that the following items on the consent agenda be received, placed on file and approved: Page 12 of 273 January 22, 2018 Page 2 a. Resolutions to approve the following: 1. Resolution approving Finance Committee Invoice Summary Report, dated January 22, 2018, in the amount of $3,100,609.32 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. 2018-38. 2. Resolution setting date of public hearing as February 5, 2018 for a request by Steven Hackbarth to rezone approximately 1.05 acres of land from “R-3” Multiple Residence District and "C-2" Commercial District to “C-1,C-Z” Conditional Zoning District, for the purposes of establishing an antique store and one apartment unit in a former church building, located at 719 West 6th Street, and instruct City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2018-39. 3. Resolution approving preliminary plans, specifications, form of contract, etc. and setting date of bid opening as February 15, 2018 and date of public hearing as February 19, 2018, for the FY 2018 University Avenue - Phase I, from Greenhill Road to Evergreen Avenue, Contract 933, and instruct City Clerk to publish said notice. Resolution adopted and upon approval by Mayor assigned No. 2018-40. 4. Resolution re-setting date of public hearing date as February 5, 2018, for the purchase of one (1) four-wheel drive, compact, pick-up truck, with crew cab, for Code Enforcement. Resolution adopted and upon approval by Mayor assigned No. 2018-41. b. Motion to approve the following: 1. Travel Requests Name & Title of Personnel Class/Meeting Destination Date(s) Amount not to Exceed a. Pat Treloar, Chief of Fire Services and Lt. Mike Dufel (REVISED) Pick up Enginer 304 (Fuel cost was more than expected) Weyauwega, WI January 10, 2018 $120.79 b. John Hyman - ICT Tech; Kevin Kuenstling - ICT Tech IAWEA Maintenance Conference (Iowa Water Environment Association) DMACC Campus, Ankeny, IA January 30- 31, 2018 $658 c. Keith Kaspari, Director of Aviation Cedar Valley Coalition - 2018 Washington, D.C. April 23-25, 2018 $1,345 d. Keith Kaspari, Director of Aviation 2018 Spring Conference, Iowa Public Airport Association (IPAA) Des Moines, IA April 25-27, 2018 $350 e. Joe Jones, Jr., Sewer Maintenance and Al Delagardelle, Storm Sewer Maintenance Iowa Water Environment Association Maintenance Conference DMACC Campus, Ankeny, IA January 31- 31, 2018 $658 2. Approved Beer, Liquor, and Wine Applications Name & Address of Business Class New or Renewal Expiration Date Includes Sunday a. Honey Garden Family Restaurant, 826 LaPorte Road Special C Liquor Renewal 11/7/2018 x b. Hy-Vee Gas #2, 2221 Logan Avenue C Beer Renewal 1/2/2019 x Page 13 of 273 January 22, 2018 Page 3 c. New Star, 315 Fletcher Avenue B Wine / C Beer / E Liquor New 1/30/2019 x Roll call vote-Ayes: Seven. Motion carried. PUBLIC HEARINGS 146468 - Schmitt/Amos that proof of publication of notice of public hearing on adoption of the Waterloo, Iowa Airport Land Use and Height Overlay Zoning Ordinance, regulating height and use restrictions in the vicinity of the airport to avoid airport hazards, as published in the Waterloo Courier on January 12, 2018, 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. David Dreyer, 3145 W. 4th Street, questioned if the ordinance would adjust the airport set back rules. Keith Kaspari, Airport Director, explained that the zoning ordinance is for air use and prospect to restrict elevated developments around the airport so that they don’t interfere with air navigation. Todd Obadahl, 124 Amity Drive, asked that the rules not be suspended. 146469 - Schmitt/Amos that the hearing be closed and oral comments and recommendation of approval of Planning, Programming and Zoning Commission, be received and placed on file. Voice vote-Ayes: Seven. Motion carried. 146470 - Schmitt/Amos that “an Ordinance adopting the Waterloo, Iowa Airport Land Use and Height Overlay Zoning Ordinance, regulating height and use restrictions in the vicinity of the airport to avoid airport hazards”, be received, placed on file, considered and passed for the first time. Roll call vote-Ayes: Seven. Mr. Shimp questioned where Black Hawk County and Cedar Falls are with approving the ordinance. Ryan Schone, INRCOG, explained that the other jurisdictions adopted the ordinance. Mr. Amos questioned the need to suspend the rules. Ryan Schone explained that there is not urgency for the item. Mr. Schmitt requested an overview of the ordinance. Ryan Schone provided an overview of the ordinance. Mr. Shimp questioned if changes to the ordinance were recommended by the other jurisdictions. Ryan Schone explained the version being proposed us the same version that Black Hawk County and Cedar Falls have adopted. Mr. Morrissey questioned if the ordinance was about safety. Ryan Schone confirmed. Mayor Hart stepped out at 6:10 p.m. 146471 - Schmitt/Amos Page 14 of 273 January 22, 2018 Page 4 that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote-Ayes: One. Nays: Six (Jacobs, Shimp, Klein, Amos, Schmitt, and Juon). Motion failed. Mayor Hart returned at 6:10 p.m. 146473 - Amos/Morrissey that proof of publication of notice of public hearing on Black Hawk Economic Development, Inc. to rezone approximately 3.49 acres of land from "A-1" Agricultural District to "M-1" Light Industrial District, located at and adjacent to 200 Nevada Street, as published in the Waterloo Courier on January 16, 2018, 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 objections and there were none. 146474 - Amos/Morrissey that the hearing be closed and to receive and file recommendation of approval of Planning, Programming and Zoning Commission. Voice vote-Ayes: Seven. Motion carried. 146475 - Amos/Morrissey 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 at and adjacent to 200 Nevada Street”, be received, placed on file, considered and passed for the first time. Roll call vote-Ayes: Seven. Motion carried. Mr. Schmitt requested an overview. Noel Anderson, Community Planning and Zoning Director, provided an overview of the item. Mr. Morrissey questioned the setbacks for the area. Noel Anderson explained the setbacks. Mr. Morrissey questioned notice that residents would receive for zoning changes. Noel Anderson explained notice procedures and commented that residents do not live in the area. 146476 - Amos/Morrissey 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, Shimp, Klein, and Schmitt). Motion failed. RESOLUTIONS 146478 - Morrissey/Amos that motion approving Final Quantity Summary for a net decrease of $64,955.72, for the FY 2016 W. 2nd, Cedar, and W. 3rd Street Improvements, Contract No. 912, and authorize the Mayor and City Clerk to execute said document. Roll call vote-Ayes: Seven. Motion carried. 146479 - Morrissey/Amos that “Resolution approving Completion of Project and Recommendation of Acceptance of Work, for work performed by Peters Construction Corporation, of Waterloo, Iowa, in the amount of $853,181.91, for the FY 2016 W. 2nd, Cedar, and W. 3rd Street Improvements, Contract No. 912, 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. 2018-42. Page 15 of 273 January 22, 2018 Page 5 146480 - Morrissey/Amos that motion approving Final Quantity Summary for a net decrease of $1,095.16, for the FY 2016 Flood Control Gatewell Repairs, Contract No. 895, and authorize the Mayor and City Clerk to execute said document. Roll call vote-Ayes: Seven. Motion carried. 146481 - Morrissey/Amos that “Resolution approving Completion of Project and Recommendation of Acceptance of Work, for work performed by Ricklefs Excavating Ltd. of Anamosa, Iowa, in the amount of $393,654.84, for the FY 2016 Flood Control Gatewell Repairs, Contract No. 895, 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. 2018-43. 146484 - Schmitt/Amos that “Resolution approving Second Amendment to a Development Agreement with Taylor Ventures, LLC, to amend the company name to Taylor Real Estate Holdings, LLC, 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. 2018-45. 146485 - Shimp/Morrissey that “Resolution approving the Real Estate Purchase Agreement with Muriel M. Eilers for the acquisition of property located at 2355 Independence Avenue, in the amount of $129,000 plus up to $5,000 in closing costs, and authorize the Mayor and City Clerk to execute all necessary documents”, be adopted. Roll call vote-Ayes: Three. Nays: Four (Jacobs, Shimp, Klein, and Schmitt). Motion failed. Mr. Shimp questioned if the city is using TIF funds. Noel Anderson confirmed. Mr. Shimp questioned the assessed value of the property. Noel Anderson explained the assessed value and appraised value of the property. Mr. Shimp commented that he does not believe that using TIF funds for this project is fiscally responsible and that releasing TIF funds would be more appropriate. Noel Anderson explained the release of TIF funds and alternative methods for acquiring the property and the reasons for acquiring the property. Mr. Schmitt questioned what the real estate was listed for and if it is listed now. Noel Anderson provided information on the list price and he does not believe the property is currently listed. Mr. Schmitt questioned if the purchase is based on other comparable purchases in the area. Noel Anderson explained the Realtor had provided comparable home values. Mr. Morrissey questioned if this purchase fits into future city planning for development in the area. Noel Anderson confirmed and explained how the purchase fits with the strategic plan. Mr. Morrissey questioned if expansion in the area makes it more attractive for business prospects. Noel Anderson explained that it does benefit future development. Page 16 of 273 January 22, 2018 Page 6 Mr. Jacobs questioned if the city did its own valuation on the property. Noel Anderson stated that city staff reviewed comparable real estate as well. Don Schare, 1415 Downing Avenue, questioned if the purchase would lead to a higher asking price of neighboring properties the city may wish to acquire. Mr. Morrissey commented that in the work session it was mentioned that the city was tasked with looking for ways to increase revenue and stated that acquiring land does generate future revenue. Mayor Hart questioned the response to new activity in the Northeast sites. Noel Anderson confirmed there is interest in the development area. Forest Dillavou, 1725 Huntington Road, commented that the city should release TIF funds because other local jurisdictions have serious needs as well. Mr. Shimp commented that the property is currently a revenue source and if the city buys it, it will no longer get revenue. 146486 - Amos/Morrissey that “Resolution approving a request by North Crossing, LLC for preliminary plat of North Crossing Addition, a 2-lot subdivision located at the northeast corner of Logan Avenue and East Donald Street”, be adopted. Roll call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2018-46. 146487 - Amos/Morrissey that “Resolution approving a variance to the requirements of the Subdivision Ordinance in Section 11-3-2(C) Final Plat Approval, as it relates to the approval of the final plat of North Crossing Addition”, be adopted. Roll call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2018-47. 146488 - Morrissey/Amos that “Resolution approving a request by North Crossing, LLC for final plat of North Crossing Addition, a 2-lot subdivision located at the northeast corner of Logan Avenue and East Donald Street”, be adopted. Roll call vote-Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2018-48. 146489- Morrissey/Amos that “Resolution approving a lease agreement with C & S Car Company for a 2018 Hyundai Santa Fe, VIN #5XYZUDLB8JG542281, to be used by the School Resource Officers, for a six (6) month period at no cost to the City, and authorize Mayor to execute said agreement”, be adopted. Roll call vote-Ayes: Seven. Motion carried. Mrs. Juon questioned what happens at the end of the six months. Joe Liebold explained that C&S has provided vehicles to the fleet for a few years now and that every six months they offer a new agreement with a different vehicle. Resolution adopted and upon approval by Mayor assigned No. 2018-49. ADJOURNMENT 146490 - Morrissey/Shimp Page 17 of 273 January 22, 2018 Page 7 that the Council adjourn at 6:40 p.m. Voice vote-Ayes: Seven. Motion carried. _____________________________ Kelley Felchle City Clerk Page 18 of 273 CI TY OF WATER LOO Council Communication R es olution approving the reques t of Travis Heimbuch for tax exemptions on the cons truction of a new single family home valued at $470,000 for property located at 4887 S helley C t. and located in the C ity Limits Urban R evitalization Area (C LUR A). City Council Meeting: 2/5/2018 Prepared: 1/29/2018 R EV I EWER S : Department R eviewer Action Date C lerk O ffice Higby, N ancy Approved 1/30/2018 - 11:24 AM P lanning & Z oning S chroeder, Aric Approved 1/29/2018 - 4:50 P M ATTA C H M EN TS: D escription Type C L U R A 4887 Shelley Ct.C over M emo S UB J E C T: R esolution approving the request of Travis Heimbuc h for tax exemptions on the cons truction of a new single family home valued at $470,000 for property loc ated at 4887 S helley C t. and loc ated in the C ity Limits Urban R evitalization Area (C LUR A). S ubmitted by:S ubmitted By: Noel Anderson, C ommunity P lanning & Development Direc tor R ec ommended Ac tion: R esolution approving the C LUR A application from Travis Heimbuch for the c onstruc tion of a new s ingle family home loc ated at 4887 S helley C t., Waterloo, Iowa 50701, valued at $470,000 and authorize Mayor and C ity C lerk to execute s aid doc uments. S ummary S tatement: T he P lanning, P rogramming, and Zoning C ommission staff has reviewed this applic ation and feels that the projec t qualifies for exemptions from taxes on the actual value added to R es idential property under the C ity Limits Urban R evitalization Area P lan. Expenditure R equired:None S ource of F unds:N/A P olic y Issue:S trategy 3.9: Increase promotion and utilization of C ity Limits Urban R evitalization Area Housing P rogram. Alternative:N/A Background Information:N/A Legal Desc riptions :Nottingham T hird Addition Lot 5 Page 19 of 273 P a g e 2 0 o f 2 7 3 W .4 T H S T L U X L E Y D R WILLIAMDR S H E L L E Y C T 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 400100 Feet ® 4887 Shelley Crt. Page 21 of 273 CI TY OF WATER LOO Council Communication R es olution approving the reques t of Doa Hoang and C anh Nguyen for tax exemptions on the cons truction of a new single family home valued at $315,000 for property located at 1115 P artridge Lane and loc ated in the C ity Limits Urban R evitalization Area (C LUR A). City Council Meeting: 2/5/2018 Prepared: 1/29/2018 R EV I EWER S : Department R eviewer Action Date P lanning & Z oning S chroeder, Aric Approved 1/29/2018 - 4:38 P M C lerk O ffice Higby, N ancy Approved 1/30/2018 - 11:26 AM ATTA C H M EN TS: D escription Type C L U R A 1115 P artridge Lane C over M emo S UB J E C T: R esolution approving the request of Doa Hoang and C anh Nguyen for tax exemptions on the cons truction of a new single family home valued at $315,000 for property located at 1115 P artridge Lane and loc ated in the C ity Limits Urban R evitalization Area (C LUR A). S ubmitted by:S ubmitted By: Noel Anderson, C ommunity P lanning & Development Direc tor R ec ommended Ac tion: R esolution approving the C LUR A application from Doa Hoang and C anh Nguyen for the cons truction of a new single family home located at 1115 P artridge Lane, Waterloo, Iowa 50701, valued at $315,000 and authorize Mayor and C ity C lerk to execute s aid doc uments. S ummary S tatement: T he P lanning, P rogramming, and Zoning C ommission staff has reviewed this applic ation and feels that the projec t qualifies for exemptions from taxes on the actual value added to R es idential property under the C ity Limits Urban R evitalization Area P lan. Expenditure R equired:None S ource of F unds:N/A P olic y Issue:S trategy 3.9: Increase promotion and utilization of C ity Limits Urban R evitalization Area Housing P rogram. Alternative:N/A Background Information:N/A Legal Desc riptions :Audubon Heights 5th Addition Lot 36 Page 22 of 273 P a g e 2 3 o f 2 7 3 W. S HAU LIS RD F A L C O N R G PA L O M A PL A U D U B O N D R H O F F R D CRABAPPLE LN H O F F R D WAX WI NG WAY PA R T R I D G E L N 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 ® 1115 Partridge Lane Page 24 of 273 CI TY OF WATER LOO Council Communication R es olution approving the reques t of Matthew and Alexis Henning for tax exemptions on the cons truction of a new single family home valued at $335,000 for property located at 1140 P artridge Lane and located in the C ity Limits Urban R evitalization Area (C LUR A). City Council Meeting: 2/5/2018 Prepared: 1/29/2018 R EV I EWER S : Department R eviewer Action Date P lanning & Z oning S chroeder, Aric Approved 1/29/2018 - 4:41 P M C lerk O ffice Higby, N ancy Approved 1/30/2018 - 11:24 AM ATTA C H M EN TS: D escription Type C L U R A 1140 P artridge L ane C over M emo S UB J E C T: R esolution approving the request of Matthew and Alexis Henning for tax exemptions on the cons truction of a new single family home valued at $335,000 for property located at 1140 P artridge Lane and located in the C ity Limits Urban R evitalization Area (C LUR A). S ubmitted by:S ubmitted By: Noel Anderson, C ommunity P lanning & Development Direc tor R ec ommended Ac tion: R esolution approving the C LUR A application from Matthew and Alexis Henning for the cons truction of a new single family home located at 1140 P artridge Lane Waterloo, Iowa 50701, valued at $335,000 and authorize Mayor and C ity C lerk to execute s aid doc uments. S ummary S tatement: T he P lanning, P rogramming, and Zoning C ommission staff has reviewed this applic ation and feels that the projec t qualifies for exemptions from taxes on the actual value added to R es idential property under the C ity Limits Urban R evitalization Area P lan. Expenditure R equired:None S ource of F unds:N/A P olic y Issue:S trategy 3.9: Increase promotion and utilization of C ity Limits Urban R evitalization Area Housing P rogram. Alternative:N/A Background Information:N/A Legal Desc riptions :Audubon Heights 5th Addition Lot 18 Page 25 of 273 P a g e 2 6 o f 2 7 3 W. S HAU LIS RD F A L C O N R G PA L O M A PL A U D U B O N D R H O F F R D CRABAPPLE LN H O F F R D WAX WI NG WAY PA R T R I D G E L N 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 ® 1140 Partridge Lane Page 27 of 273 CI TY OF WATER LOO Council Communication R es olution approving the reques t of S kogman Homes for tax exemptions on the c onstruc tion of a new s ingle family home valued at $372,353 for property located at 1407 F alcon R idge and loc ated in the C ity Limits Urban R evitalization Area (C LUR A). City Council Meeting: 2/5/2018 Prepared: 1/29/2018 R EV I EWER S : Department R eviewer Action Date P lanning & Z oning S chroeder, Aric Approved 1/29/2018 - 4:45 P M C lerk O ffice Higby, N ancy Approved 1/30/2018 - 11:25 AM ATTA C H M EN TS: D escription Type C L U R A 1407 Falcon Ridge C over M emo S UB J E C T: R esolution approving the request of S kogman Homes for tax exemptions on the cons truction of a new single family home valued at $372,353 for property loc ated at 1407 F alc on R idge and located in the C ity Limits Urban R evitalization Area (C LUR A). S ubmitted by:S ubmitted By: Noel Anderson, C ommunity P lanning & Development Direc tor R ec ommended Ac tion: R esolution approving the C LUR A application from S kogman Homes for the cons truction of a new single family home located at 1407 F alcon R idge, Waterloo, Iowa 50701, valued at $372,353 and authorize Mayor and C ity C lerk to execute s aid doc uments. S ummary S tatement: T he P lanning, P rogramming, and Zoning C ommission staff has reviewed this applic ation and feels that the projec t qualifies for exemptions from taxes on the actual value added to R es idential property under the C ity Limits Urban R evitalization Area P lan. Expenditure R equired:None S ource of F unds:N/A P olic y Issue:S trategy 3.9: Increase promotion and utilization of C ity Limits Urban R evitalization Area Housing P rogram. Alternative:N/A Background Information:N/A Legal Desc riptions :Audubon Heights 4th Addition Lot 9 Page 28 of 273 P a g e 2 9 o f 2 7 3 W. S HAU LIS RD F A L C O N R G PA L O M A PL A U D U B O N D R H O F F R D CRABAPPLE LN H O F F R D WAX WI NG WAY PA R T R I D G E L N 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 ® 1407 Falcon Ridge Page 30 of 273 CI TY OF WATER LOO Council Communication R es olution approving the reques t of Marla Myers for tax exemptions on the c onstruc tion of a new s ingle family home valued at $333,910 for property located at 4440 C harm Drive and located in the C ity Limits Urban R evitalization Area (C LUR A). City Council Meeting: 2/5/2018 Prepared: 1/29/2018 R EV I EWER S : Department R eviewer Action Date P lanning & Z oning S chroeder, Aric Approved 1/29/2018 - 4:40 P M C lerk O ffice Higby, N ancy Approved 1/30/2018 - 11:25 AM ATTA C H M EN TS: D escription Type C L U R A 4440 Charm Drive C over M emo S UB J E C T: R esolution approving the request of Marla Myers for tax exemptions on the c onstruc tion of a new s ingle family home valued at $333,910 for property loc ated at 4440 C harm Drive and loc ated in the C ity Limits Urban R evitalization Area (C LUR A). S ubmitted by:S ubmitted By: Noel Anderson, C ommunity P lanning & Development Direc tor R ec ommended Ac tion: R esolution approving the C LUR A application from Marla Myers for the c onstruc tion of a new s ingle family home loc ated at 4440 C harm Drive, Waterloo, Iowa 50701, valued at $333,910 and authorize Mayor and C ity C lerk to execute s aid doc uments. S ummary S tatement: T he P lanning, P rogramming, and Zoning C ommission staff has reviewed this applic ation and feels that the projec t qualifies for exemptions from taxes on the actual value added to R es idential property under the C ity Limits Urban R evitalization Area P lan. Expenditure R equired:None S ource of F unds:N/A P olic y Issue:S trategy 3.9: Increase promotion and utilization of C ity Limits Urban R evitalization Area Housing P rogram. Alternative:N/A Background Information:N/A Legal Desc riptions :S outhland P ark 5th Addition Lot 5 Page 31 of 273 P a g e 3 2 o f 2 7 3 H E A T H E R L N E D G E B R O O K D R C H A R M D R L E S L E E L N SOUTHLAND DR £¤63 S E R G E A N T R D TWIN PINES DR 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 ® 4440 Charm Drive Page 33 of 273 CI TY OF WATER LOO Council Communication R es olution approving the reques t of Ann Knudts on for tax exemptions on the c onstruc tion of a new s ingle family home valued at $451,801 for property located at 5012 S outh F ork Lane and located in the C ity Limits Urban R evitalization Area (C LUR A). City Council Meeting: 2/5/2018 Prepared: 1/29/2018 R EV I EWER S : Department R eviewer Action Date P lanning & Z oning S chroeder, Aric Approved 1/29/2018 - 4:34 P M C lerk O ffice Higby, N ancy Approved 1/30/2018 - 11:26 AM ATTA C H M EN TS: D escription Type C L U R A 5012 South Fork L ane C over M emo S UB J E C T: R esolution approving the request of Ann Knudtson for tax exemptions on the cons truction of a new single family home valued at $451,801 for property loc ated at 5012 S outh F ork Lane and loc ated in the C ity Limits Urban R evitalization Area (C LUR A). S ubmitted by:S ubmitted By: Noel Anderson, C ommunity P lanning & Development Direc tor R ec ommended Ac tion: R esolution approving the C LUR A application from Ann Knudts on for the c onstruc tion of a new s ingle family home loc ated at 5012 S outh F ork Lane Waterloo, Iowa 50701, valued at $451,801 and authorize Mayor and C ity C lerk to execute s aid doc uments. S ummary S tatement: T he P lanning, P rogramming, and Zoning C ommission staff has reviewed this applic ation and feels that the projec t qualifies for exemptions from taxes on the actual value added to R es idential property under the C ity Limits Urban R evitalization Area P lan. Expenditure R equired:None S ource of F unds:N/A P olic y Issue:S trategy 3.9: Increase promotion and utilization of C ity Limits Urban R evitalization Area Housing P rogram. Alternative:N/A Background Information:N/A Legal Desc riptions :S outh F ork Estates Lot 18, Waterloo, I A Page 34 of 273 P a g e 3 5 o f 2 7 3 E. SHAULIS RD JERSEY LN C H A R O L A I S D R A N G U S D R S W E E T W A T E R C I R M E R C E D E S B E N D S O U T H F O R K L N 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 ® 5012 Southfork Lane Page 36 of 273 CI TY OF WATER LOO Council Communication R es olution approving the reques t of G ary Vandello for tax exemptions on the c onstruc tion of a new s ingle family home valued at $400,000 for property located at 3827 Trent Lane and loc ated in the C ity Limits Urban R evitalization Area (C LUR A). City Council Meeting: 2/5/2018 Prepared: 1/31/2018 R EV I EWER S : Department R eviewer Action Date P lanning & Z oning S chroeder, Aric Approved 1/31/2018 - 11:10 AM C lerk O ffice Even, LeAnn Approved 1/31/2018 - 11:20 AM ATTA C H M EN TS: D escription Type C L U R A 3827 T rent Lane Application C over M emo S UB J E C T: R esolution approving the request of G ary Vandello for tax exemptions on the cons truction of a new single family home valued at $400,000 for property loc ated at 3827 Trent Lane and located in the C ity Limits Urban R evitalization Area (C LUR A). S ubmitted by:S ubmitted By: Noel Anderson, C ommunity P lanning & Development Direc tor R ec ommended Ac tion: R esolution approving the C LUR A application from G ary Vandello for the c onstruc tion of a new s ingle family home loc ated at 3827 Trent Lane Waterloo, Iowa 50701, valued at $400,000 and authorize Mayor and C ity C lerk to execute s aid doc uments. S ummary S tatement: T he P lanning, P rogramming, and Zoning C ommission staff has reviewed this applic ation and feels that the projec t qualifies for exemptions from taxes on the actual value added to R es idential property under the C ity Limits Urban R evitalization Area P lan. Expenditure R equired:None S ource of F unds:N/A P olic y Issue:S trategy 3.9: Increase promotion and utilization of C ity Limits Urban R evitalization Area Housing P rogram. Alternative:N/A Background Information:N/A UNP LAT T ED WAT ER LO O W ES T PAR C EL "M" O F P LAT O F Page 37 of 273 Legal Desc riptions : S URVEY 343 MI S C 864 DES C AS F O L: BEG AT S W LY C O R O F T R AC T "C " WAT ER LO O C O UNT RY C LUB ADD S AI D P T ALS O LYI NG O N T HE N LI NE O F W ES T C HES T ER R D T H N ALO NG T HE W LI NE O F S AI D T R AC T "C " 480.05 F T TO AN ANG LE P T I N S AI D T R AC T "C " T H NW LY ALO NG T HE NW LY P R O J EC T I O N O F T HAT S I DE O F S AI D T R AC T "C " W HI C H BEAR S N 41 DEG 15 MI N W A DI S T O F 375.48 F T (S AI D LI NE ALS O BEI NG T HE S W LY LI NE O F T HAT PAR C EL AS DES C I N 471 DEEDS 616) TO T HE S ELY LI NE O F W 4T H S T S AI D P T BEI NG T HE MO S T ELY C O R O F T HAT PAR C EL AS AC Q UI R ED BY T HE C I T Y O F W LO O AS R EC I N 549 LD 760 T H S W LY ALO NG S AI D S ELY LI NE O F W 4T H S T 503.68 F T O N A 1113.86 F T R ADI US C URVE C O NC AVE S ELY TO A P T O N T HE NELY LI NE O F T HAT PAR C EL DEEDED TO T HE S TAT E O F I O WA AS R EC I N 123 LD 163 T H S 22 DEG 47 MI N 0 S EC E ALO NG S AI D NELY LI NE 82.27 F T TO A P T W HI C H I S 74.4 F T E O F T HE W LI NE O F T HE S W 1/4 S EC 5 S AI D P T ALS O BEI NG AT S TAT I O N 255+00, 75 F T E O F C ENT ER LI NE I DO T P R O J EC T NO F N-202 T H S PAR ALLEL W I T H S AI D W LI NE 40.92 F T TO A P T W HI C H I S 180 F T N O F T HE N LI NE O F W ES T C HES T ER R D T H E 178.61 F T PAR ALLEL W I T H S AI D N LI NE T H S 180 F T TO A P T O N S AI D N LI NE O F W ES T C HES T ER R D W HI C H I S 210.17 F T W O F T HE P T O F BEG T H E 210.17 F T TO T HE P T O F BEG EXC T HAT PART NKA T R ENT HI LL C O NDO MI NI UM NO 1 AND ALS O EXC T HAT PART O F PAR C EL "M" DES C AS F O L: BEG AT S W LY C O R S AI D PAR C EL "M" (MI S C BK 343-864) S AI D P T LYI NG O N N LI NE O F W ES T C HES T ER R D T H N 180 F T ALO NG A W LY LI NE O F S AI D PAR C EL "M" T H N 22.82 F T T H N 11 DEG 56 MI N 24 S EC E 101.17 F T T H N 04 DEG 56 MI N 57 S EC E 75.77 F T T H N 05 DEG 57 MI N 24 S EC W 52.42 F T T H N 84 DEG 02 MI N 36 S EC E 27 F T TO NW C O R O F T R ENT HI LLS ES TAT ES C O NDO 1 S AI D P T ALS O BEI NG NW C O R O F PAR C EL "P " T H S 05 DEG 57 MI N 24 S EC E 55 F T ALO NG W LY LI NE S AI D T R ENT HI LLS ES TAT ES C O NDO 1 T H S 04 DEG 56 MI N 57 S EC W 80 F T ALO NG S AI D W LY LI NE T H S 11 DEG 56 MI N 24 S EC W 100 F T ALO NG S AI D W LY LI NE T H S 200 F T TO S W C O R S AI D PAR C EL "P " T H N 90 DEG W 27 F T TO P T O F BEG ALS O EXC PAR C EL Q O F T HE S W 1/4 S EC 5 T 88 R 13 AND T HAT PART O F PAR C EL M O F T HE S W 1/4 S AI D S EC BEG AT T HE MO S T W LY C O R O F AF O R ES AI D PAR C EL M W HI C H I S ALS O P T O N NELY LI NE O F PAR C EL DEEDED TO S TAT E O F I A R EC I N LD 123-163 T H N 88 DEG 50 MI N 33 S EC E 230.06 F T TO A P T O N T HE W LI NE O F AC C ES S EAS E S ERVI NG T R ENT HI LL C O NDO NO 1 R EC I N 2004-5109 T H S 11 DEG 56 MI N 24 S EC W 101.17 F T ALO NG S AI D W LI NE T H S 22.82 F T S T I LL ALO NG S AI D W LI NE TO A P T 180 F T N O F T HE N LI NE O F W ES T C HES T ER R D T H S 89 DEG 59 MI N 53 S EC W 178.53 F T PAR W I T H S AI D N LI NE TO P T 74.4 E O F T HE W LI NE O F AF O R ES AI D S W 1/4 T H N 40.91 F T PAR W I T H S AI D W LI NE TO A P T BEI NG A S TAT I O N 255+00 75 F T E O F T HE C ENT ER LI NE I.D.O .T P R O J EC T NO F N-202 T H N 22 DEG 3 MI N 9 S EC W 82.27 F T TO P T O F BEG ALS O EXC PAR C EL S I N HP R 2014 1467 S EE DO C 2014 1467 F O R C O MP LEG AL Page 38 of 273 Page 39 of 273 P a g e 4 0 o f 2 7 3 P a g e 4 1 o f 2 7 3 P a g e 4 2 o f 2 7 3 PINEH URSTLN B R A D L E Y R D W . 4 T H S T KAMILLE CT W ES TC HES TER R D PIN E H U R ST CT Q U A I L P L W E S T H I L L S L N T R E N T L N PINE VIEW PL 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 400100 Feet ® 3827 Trent Lane Page 43 of 273 CI TY OF WATER LOO Council Communication R es olution approving the reques t of Debra S later for tax exemptions on the c onstruc tion of a new s un porc h valued at $7,020 for a property loc ated at 4002 Homer S treet and loc ated within the C onsolidated Urban R evitalization Area (C UR A). City Council Meeting: 2/5/2018 Prepared: 1/29/2018 R EV I EWER S : Department R eviewer Action Date P lanning & Z oning S chroeder, Aric Approved 1/29/2018 - 4:37 P M C lerk O ffice Higby, N ancy Approved 1/30/2018 - 11:27 AM ATTA C H M EN TS: D escription Type C U R A 4002 H omer Street C over M emo S UB J E C T: R esolution approving the request of Debra S later for tax exemptions on the c onstruc tion of a new s un porc h valued at $7,020 for a property loc ated at 4002 Homer S treet and located within the C ons olidated Urban R evitalization Area (C UR A). S ubmitted by:S ubmitted By: Noel Anderson, C ommunity P lanning & Development Direc tor R ec ommended Ac tion: R esolution approving C UR A applic ation from Debra S later for the c onstruc tion of a sun porch loc ated at 4002 Homer S treet, Waterloo, Iowa 50703, Valued at $7,020 and authorize the Mayor and C ity C lerk to exec ute said documents . S ummary S tatement: T he P lanning, P rogramming, and Zoning C ommission staff has reviewed this applic ation and feels that the projec t qualifies for exemptions from taxes on the actual value added to R es idential property under the C onsolidated Urban R evitalization Area. Expenditure R equired:None S ource of F unds:N/A P olic y Issue: S trategy 3.8: C ontinue efforts to foster new inves tments and development in the C ity's Urban R enewal Areas (T I F Districts ) and C ons olidated Urban R evitalization Area (C UR A). Alternative:N/A Background Information:N/A Page 44 of 273 Legal Desc riptions :HO LLI NG S W O RT H S EC O ND ADDI T I O N LO T 22 Page 45 of 273 P a g e 4 6 o f 2 7 3 P a g e 4 7 o f 2 7 3 P a g e 4 8 o f 2 7 3 P a g e 4 9 o f 2 7 3 E. DONALD ST KEYSTONE ST LAKESIDE ST N I L E S S T M I L D R E D A V E H O M E R S T B E D A R D D R 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 ® 4002 Homer Street Page 50 of 273 CI TY OF WATER LOO Council Communication R es olution approving the reques t of Tyrus Mees ter for tax exemptions on the c onstruc tion of a new home valued at $245,000 for property located at 205 O gden S treet and located within the C ons olidated Urban R evitalization Area (C UR A). City Council Meeting: 2/5/2018 Prepared: 1/29/2018 R EV I EWER S : Department R eviewer Action Date C lerk O ffice Higby, N ancy Approved 1/30/2018 - 11:20 AM P lanning & Z oning S chroeder, Aric Approved 1/29/2018 - 4:52 P M ATTA C H M EN TS: D escription Type C U R A 205 Ogden Ave.C over M emo S UB J E C T: R esolution approving the request of Tyrus Meester for tax exemptions on the cons truction of a new home valued at $245,000 for property loc ated at 205 O gden S treet and located within the C ons olidated Urban R evitalization Area (C UR A). S ubmitted by:S ubmitted By: Noel Anderson, C ommunity P lanning & Development Direc tor R ec ommended Ac tion: R esolution approving C UR A applic ation from Debra S later for the c onstruc tion of a new home located at 205 O gden Ave., Waterloo, Iowa 50707, Valued at $245,000 and authorize the Mayor and C ity C lerk to execute s aid doc uments. S ummary S tatement: T he P lanning, P rogramming, and Zoning C ommission staff has reviewed this applic ation and feels that the projec t qualifies for exemptions from taxes on the actual value added to R es idential property under the C onsolidated Urban R evitalization Area. Expenditure R equired:None S ource of F unds:N/A P olic y Issue: S trategy 3.8: C ontinue efforts to foster new inves tments and development in the C ity's Urban R enewal Areas (T I F Districts ) and C ons olidated Urban R evitalization Area (C UR A). Alternative:N/A Background Information:N/A Page 51 of 273 Legal Desc riptions :AUDI TO R R AI NBO W S P LAT MAYW O O D S EC O ND F I LI NG LO T S 13 T HR U 15 BLK 24 AND S 10 F T O F VAC ALLEY T HAT ABUT S S AME Page 52 of 273 P a g e 5 3 o f 2 7 3 P a g e 5 4 o f 2 7 3 OSAGE AVE M I L W A U K E E A V E O G D E N A V E B I S H O P A V E OSAGE AVE O G D E N A V E ANN ST FULTON ST WYANDOTTE ST ANN ST ROOSEVELT ST FULTON ST WYANDOTTE ST 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 ® 205 Ogden Ave. Page 55 of 273 CI TY OF WATER LOO Council Communication R es olution approving the reques t of T helma Hill for tax exemptions on the cons truction of home improvements valued at $37,775 for a property located at 536 Adams S treet and located within the C onsolidated Urban R evitalization Area (C UR A). City Council Meeting: 2/5/2018 Prepared: 1/29/2018 R EV I EWER S : Department R eviewer Action Date P lanning & Z oning S chroeder, Aric Approved 1/29/2018 - 4:47 P M C lerk O ffice Higby, N ancy Approved 1/30/2018 - 11:21 AM ATTA C H M EN TS: D escription Type C U R A 536 Adams Street C over M emo S UB J E C T: R esolution approving the request of T helma Hill for tax exemptions on the c onstruc tion of home improvements valued at $37,775 for a property located at 536 Adams S treet and located within the C ons olidated Urban R evitalization Area (C UR A). S ubmitted by:S ubmitted By: Noel Anderson, C ommunity P lanning & Development Direc tor R ec ommended Ac tion: R esolution approving C UR A applic ation from T helma Hill for the c onstruc tion of a home improvements loc ated at 536 Adams S treet, Waterloo, Iowa 50703, Valued at $37,775 and authorize the Mayor and C ity C lerk to execute s aid doc uments. S ummary S tatement: T he P lanning, P rogramming, and Zoning C ommission staff has reviewed this applic ation and feels that the projec t qualifies for exemptions from taxes on the actual value added to R es idential property under the C onsolidated Urban R evitalization Area. Expenditure R equired:None S ource of F unds:N/A P olic y Issue: S trategy 3.8: C ontinue efforts to foster new inves tments and development in the C ity's Urban R enewal Areas (T I F Districts ) and C ons olidated Urban R evitalization Area (C UR A). Alternative:N/A Background Information:N/A Page 56 of 273 Legal Desc riptions :R O S E HI LL R EP LAT LO T 3 BLK 7 Page 57 of 273 P a g e 5 8 o f 2 7 3 P a g e 5 9 o f 2 7 3 N B A R C L A Y S T J A C K S O N S T ADAMS ST NEWELL ST ONEIDA ST H E W I T T S T P E E K S T SUMNER ST COTTAGE ST WEBSTER ST QUINCY ST 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 ® 536 Adams Street Page 60 of 273 CI TY OF WATER LOO Council Communication R es olution approving the reques t of R ic hard Korneisel for tax exemptions on the c onstruc tion of home improvements valued at $30,002 for a property located at 411 W Dale S treet and loc ated within the C onsolidated Urban R evitalization Area (C UR A). City Council Meeting: 2/5/2018 Prepared: 1/29/2018 R EV I EWER S : Department R eviewer Action Date P lanning & Z oning S chroeder, Aric R ejected 1/29/2018 - 4:36 P M C lerk O ffice Even, LeAnn Approved 1/31/2018 - 11:03 AM P lanning & Z oning Hyberger, Seth Approved 1/29/2018 - 4:56 P M P lanning & Z oning S chroeder, Aric Approved 1/31/2018 - 9:49 AM ATTA C H M EN TS: D escription Type C L U R A 411 W D ale S treet C over M emo S UB J E C T: R esolution approving the request of R ichard Korneis el for tax exemptions on the cons truction of home improvements valued at $30,002 for a property loc ated at 411 W Dale S treet and located within the C ons olidated Urban R evitalization Area (C UR A). S ubmitted by:S ubmitted By: Noel Anderson, C ommunity P lanning & Development Direc tor R ec ommended Ac tion: R esolution approving C UR A applic ation from R ichard Korneis el for the c onstruc tion of a home improvements loc ated at 411 W Dale S treet, Waterloo, Iowa 50703, Valued at $30,002 and authorize the Mayor and C ity C lerk to execute s aid doc uments. S ummary S tatement: T he P lanning, P rogramming, and Zoning C ommission staff has reviewed this applic ation and feels that the projec t qualifies for exemptions from taxes on the actual value added to R es idential property under the C onsolidated Urban R evitalization Area. Expenditure R equired:None S ource of F unds:N/A P olic y Issue: S trategy 3.8: C ontinue efforts to foster new inves tments and development in the C ity's Urban R enewal Areas (T I F Districts ) and C ons olidated Urban R evitalization Area (C UR A). Alternative:N/A Page 61 of 273 Background Information:N/A Legal Desc riptions :BR UG G EMANS ADDI T I O N LO T 2 Page 62 of 273 P a g e 6 3 o f 2 7 3 P a g e 6 4 o f 2 7 3 H E A T H S T W. LO UISE ST W. DALE ST W. DO NALD ST A C K E R M A N T S T H E A T H S T C O L U M B I A S T M T . C A R M E L D R 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 ® 411 W Dale Street Page 65 of 273 CI TY OF WATER LOO Council Communication R es olution approving the reques t of R ic hard Korneisel for tax exemptions on the c onstruc tion of home improvements valued at $9,267 for a property loc ated at 917 W 11th S treet and located within the C ons olidated Urban R evitalization Area (C UR A). City Council Meeting: 2/5/2018 Prepared: 1/29/2018 R EV I EWER S : Department R eviewer Action Date P lanning & Z oning S chroeder, Aric Approved 1/29/2018 - 4:44 P M C lerk O ffice Higby, N ancy Approved 1/30/2018 - 11:21 AM ATTA C H M EN TS: D escription Type 917 W 11th Street C over M emo S UB J E C T: R esolution approving the request of R ichard Korneis el for tax exemptions on the cons truction of home improvements valued at $9,267 for a property loc ated at 917 W 11th S treet and located within the C ons olidated Urban R evitalization Area (C UR A). S ubmitted by:S ubmitted By: Noel Anderson, C ommunity P lanning & Development Direc tor R ec ommended Ac tion: R esolution approving C UR A applic ation from R ichard Korneis el for the c onstruc tion of a home improvements loc ated at 917 W 11th S treet, Waterloo, Iowa 50703, Valued at $9,267 and authorize the Mayor and C ity C lerk to execute s aid doc uments. S ummary S tatement: T he P lanning, P rogramming, and Zoning C ommission staff has reviewed this applic ation and feels that the projec t qualifies for exemptions from taxes on the actual value added to R es idential property under the C onsolidated Urban R evitalization Area. Expenditure R equired:None S ource of F unds:N/A P olic y Issue: S trategy 3.8: C ontinue efforts to foster new inves tments and development in the C ity's Urban R enewal Areas (T I F Districts ) and C ons olidated Urban R evitalization Area (C UR A). Alternative:N/A Background Information:N/A Page 66 of 273 Legal Desc riptions :KENW O O D PAR K N 42 1/3 F T LO T 236 N 42 1/3 F T LO T 237 Page 67 of 273 P a g e 6 8 o f 2 7 3 P a g e 6 9 o f 2 7 3 WILLISTON AVE BERTCH AVE FOREST AVE HAWTHO RNE AVE BYRON AVE BYRON AVE HAWTHO RNE AVE FOREST AVE BERTCH AVE H A M M O N D A V E H A M M O N D A V E W . 1 1 T H S T O R E G O N S T W . 1 1 T H S T L I N W O O D A V E 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 ® 917 W 11th Street Page 70 of 273 CI TY OF WATER LOO Council Communication R es olution approving the reques t of Laura and R ic hard Wright for tax exemptions on the c onstruc tion of a new home valued at $155,000 for property loc ated at 1220 Ann S treet and located within the C ons olidated Urban R evitalization Area (C UR A). City Council Meeting: 2/5/2018 Prepared: 1/31/2018 R EV I EWER S : Department R eviewer Action Date P lanning & Z oning S chroeder, Aric Approved 1/31/2018 - 11:11 AM C lerk O ffice Even, LeAnn Approved 1/31/2018 - 11:20 AM ATTA C H M EN TS: D escription Type C U R A 1220 Ann S treet Application C over M emo S UB J E C T: R esolution approving the request of Laura and R ichard Wright for tax exemptions on the cons truction of a new home valued at $155,000 for property located at 1220 Ann S treet and loc ated within the C onsolidated Urban R evitalization Area (C UR A). S ubmitted by:S ubmitted By: Noel Anderson, C ommunity P lanning & Development Direc tor R ec ommended Ac tion: R esolution approving C UR A applic ation from Laura and R ichard Wright for the cons truction of a new home loc ated at 1220 Ann S treet, Waterloo, Iowa 50707, Valued at $155,000 and authorize the Mayor and C ity C lerk to execute s aid doc uments. S ummary S tatement: T he P lanning, P rogramming, and Zoning C ommission staff has reviewed this applic ation and feels that the projec t qualifies for exemptions from taxes on the actual value added to R es idential property under the C onsolidated Urban R evitalization Area. Expenditure R equired:None S ource of F unds:N/A P olic y Issue: S trategy 3.8: C ontinue efforts to foster new inves tments and development in the C ity's Urban R enewal Areas (T I F Districts ) and C ons olidated Urban R evitalization Area (C UR A). Alternative:N/A Background Information:N/A Page 71 of 273 Legal Desc riptions :Maywood 3rd Addition North Half Lot 52 Page 72 of 273 P a g e 7 3 o f 2 7 3 SH ULT Z ST DUBUQUE RD ROOSEVELT ST ANN ST FULTON ST WYAN DOTTE ST G I L B E R T S T OSAGE AVE O G D E N A V E B I S H O P A V E O G D E N A V E OSAGE AVE WYAN DOTTE ST FULTON ST ANN ST ROOSEVELT ST SHULTZ ST 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 400100 Feet ® 1220 Ann Street Page 74 of 273 CI TY OF WATER LOO Council Communication R es olution approving preliminary plans , s pecific ations , form of contrac t etc ., setting date of bid opening as Marc h 8, 2018 and date of public hearing as March 12, 2018 for the F Y 2019 C omplaint Mowing with C omplaint S now R emoval contrac t, and ins truct C ity C lerk to publish said notice City Council Meeting: 2/5/2018 Prepared: 1/31/2018 R EV I EWER S : Department R eviewer Action Date C ode Enforcement Higby, N ancy Approved 2/1/2018 - 4:02 P M ATTA C H M EN TS: D escription Type 2018 M owing Contract B ackup Material S UB J E C T: R esolution approving preliminary plans, spec ifications, form of c ontract etc., setting date of bid opening as March 8, 2018 and date of public hearing as March 12, 2018 for the F Y 2019 C omplaint Mowing with C omplaint S now R emoval c ontract, and instruc t C ity C lerk to publis h s aid notic e. S ubmitted by:S ubmitted By: David R . Zellhoefer, C ity Attorney R ec ommended Ac tion:Approve spec ifications, etc. and taking of bids and s et the date of bid opening and hearing. Page 75 of 273 Page 76 of 273 Page 77 of 273 Page 78 of 273 Page 79 of 273 Page 80 of 273 Page 81 of 273 Page 82 of 273 Page 83 of 273 Page 84 of 273 Page 85 of 273 Page 86 of 273 Page 87 of 273 Page 88 of 273 Page 89 of 273 Page 90 of 273 Page 91 of 273 Page 92 of 273 Page 93 of 273 Page 94 of 273 Page 95 of 273 Page 96 of 273 Page 97 of 273 Page 98 of 273 Page 99 of 273 Page 100 of 273 Page 101 of 273 Page 102 of 273 Page 103 of 273 Page 104 of 273 Page 105 of 273 Page 106 of 273 CI TY OF WATER LOO Council Communication R equest from Irving Elementary S c hool to hold a 5K R ac e on April 21, 2018 from 9:30 a.m. to Noon, commencing and concluding in the area of Irving Elementary S c hool, loc ated at W. 5th S treet and Locus t S treet, with the route primarily on the residential s treets near the s chool. City Council Meeting: 2/5/2018 Prepared: 1/30/2018 R EV I EWER S : Department R eviewer Action Date P olice Department M ohlis, Dave Approved 1/30/2018 - 9:11 AM C lerk O ffice Higby, N ancy Approved 1/30/2018 - 1:42 P M ATTA C H M EN TS: D escription Type Irving 5K route C over M emo S UB J E C T: R eques t from Irving Elementary S chool to hold a 5K R ace on April 21, 2018 from 9:30 a.m. to Noon, c ommenc ing and c onc luding in the area of Irving Elementary S chool, located at W. 5th S treet and Loc ust S treet, with the route primarily on the res idential streets near the sc hool. S ubmitted by:S ubmitted By: C aptain Dave Mohlis R ec ommended Ac tion:Approve route and grant permis s ion for street closure during 5K event. S ummary S tatement:T his is the 1st 5K event for the sc hool. T he route and the plans minimally effec t traffic and manpower. Expenditure R equired:C ost with plac ing and retrieving barricades and providing traffic c ontrol during the event. S ource of F unds:T his event will take a minimal amount additional manpower due to the event taking place on the residential s treets near the s chool. Page 107 of 273 Irving Elementary 5K route April 21st, 2018 Page 108 of 273 CI TY OF WATER LOO Council Communication R ecommendation of appointment of Jonathan O ehleric h, from the C ivil S ervice lis t, to the pos ition of G arage Mec hanic, at the P ublic Works C entral G arage, effec tive F ebruary 7, 2018. City Council Meeting: 2/5/2018 Prepared: 1/28/2018 R EV I EWER S : Department R eviewer Action Date Traffic O perations Higby, N ancy Approved 1/30/2018 - 12:10 P M S UB J E C T: R ec ommendation of appointment of Jonathan O ehlerich, from the C ivil S ervice lis t, to the pos ition of G arage Mechanic at the P ublic Works C entral G arage, effec tive F ebruary 7, 2018. S ubmitted by:S ubmitted By: S andie G rec o, Interim P ublic Works Director R ec ommended Ac tion:Approve R esolution S ummary S tatement:T he appointment of an additional mec hanic was approved by Human R esources on Augus t 28, 2017. F unding is available in F YE18 budget. Expenditure R equired:$84,594.00 (s alary & benefits ) S ource of F unds:G eneral F und - 010 18-7950-1111 P olic y Issue: S trategy 2.2 - Enlis t all C ity departments and s taff members in efforts to promote a s afer c ommunity. S trategy 3.4 - Identify and implement proven cost and resource s aving measures . Background Information: With vehicles and equipment aging and inc reas ing in miles/hours along with pending retirements , an additional mec hanic is necessary to keep vehic les and equipment in service. Page 109 of 273 CI TY OF WATER LOO Council Communication R ecommendation of appointment of Julianna Henric h to the position of Administrative S ec retary in the Waste Management Department, effec tive F ebruary 12, 2018. City Council Meeting: 2/5/2018 Prepared: 1/31/2018 R EV I EWER S : Department R eviewer Action Date Waste Management Higby, N ancy R ejected 1/31/2018 - 10:29 AM Waste Management Henrich, Julianna Approved 1/31/2018 - 10:49 AM Waste Management Hoambrecker, S teven Approved 1/31/2018 - 11:06 AM C lerk O ffice Even, LeAnn Approved 1/31/2018 - 11:20 AM ATTA C H M EN TS: D escription Type Cover Memo C over M emo S UB J E C T: R ec ommendation of appointment of Julianna Henrich to the pos ition of Adminis trative S ecretary in the Was te Management Department, effec tive F ebruary 12, 2018. S ubmitted by:S ubmitted By: S teve Hoambrec ker, Director, Was te Management S ervic es R ec ommended Ac tion:R eques tApproval Expenditure R equired:$47,236.80/benefits Page 110 of 273 Page 111 of 273 CI TY OF WATER LOO Council Communication R ecommendation to appoint R uth Muller to the pos ition of P roperty Evidenc e C oordinator in the P olic e Department, effec tive F ebruary 6, 2018. City Council Meeting: 2/5/2018 Prepared: 2/2/2018 R EV I EWER S : Department R eviewer Action Date P olice Department F elchle, Kelley Approved 2/2/2018 - 10:39 AM S UB J E C T:R ec ommendation to appoint R uth Muller to the position of P roperty Evidenc e C oordinator in the P olic e Department, effective F ebruary 6, 2018. S ubmitted by:S ubmitted By: C aptain F rank Krogh R ec ommended Ac tion:R eques t Approval S ummary S tatement:T he Human R esource C ommittee approved the filling of the vacancy at their December 4,2017 meeting. Expenditure R equired:$56,326.00 / $85,524.00 with benefits S ource of F unds:G eneral F unds P olic y Issue:N/A Background Information:T his vac anc y was created by the retirement of David Boes en. Page 112 of 273 CI TY OF WATER LOO Council Communication R equest by S teven Hac kbarth to rezone approximately 1.05 ac res of land from “R -3” Multiple R es idenc e Dis tric t and "C -2" C ommercial Dis tric t to “C -1,C -Z” C onditional Zoning Dis tric t, for the purpos es of es tablishing an antique store and one apartment unit in a former c hurch building, located at 719 Wes t 6th S treet. City Council Meeting: 2/5/2018 Prepared: 1/17/2018 R EV I EWER S : Department R eviewer Action Date P lanning & Z oning S chroeder, Aric Approved 1/29/2018 - 4:31 P M C lerk O ffice Higby, N ancy Approved 1/30/2018 - 11:28 AM ATTA C H M EN TS: D escription Type H ackbarth R ezone - 719 W 6th St C over M emo S UB J E C T: Motion to rec eive and file proof of publication of notic e of public hearing. HO LD HEAR I NG - No comments on file. Motion to c los e hearing and rec eive and file oral and written c omments and rec ommendation of approval of the P lanning, P rogramming and Zoning C ommission. Motion to rec eive, file, c onsider, and pas s for the first time an O rdinance amending O rdinance No. 5079, as amended, C ity of Waterloo Zoning O rdinance, by amending the O ffic ial Zoning Map referred to in S ection 10- 4-4, approving a rezone of c ertain property, located at 719 Wes t 6th S treet. Motion to sus pend the rules . Motion to c onsider and pas s for the sec ond and third times and adopt said O rdinance. S ubmitted by:S ubmitted By: Noel Anderson, C ommunity P lanning & Development Direc tor R ec ommended Ac tion:Approval Trans mitted herewith is a request by S teven Hac kbarth to rezone approximately 1.05 acres of land from “R -3” Multiple R esidence Dis tric t and "C -2" C ommerc ial District to “C -1,C -Z” C onditional Zoning District, for the purpos es of es tablishing an antique store and one apartment unit in a former churc h building, loc ated at 719 West 6th S treet T he request c ould have a negative impac t on the surrounding neighborhood, as rezoning the land to a commerc ial us e would be allowing a commerc ial zoning district to encroac h into a predominately res identially zoned neighborhood. However, if the proper conditions are placed upon the c onditional zoning request, thos e c onditions could potentially mitigate the impac ts of the commerc ial us e on the abutting res idential neighborhood, and Page 113 of 273 S ummary S tatement: allow for the reus e of what would otherwis e be a vacant churc h building. T he area in ques tion is zoned “R -3” Multiple R esidence Dis tric t and "C -2" C ommerc ial District and has been zoned as s uc h s inc e the adoption of the Zoning O rdinance in 1969. S urrounding land us es and their zoning are as follows : North – S ingle-family and two-family res idenc es , zoned “R -3” Multiple R esidence Dis tric t. South – S ingle-family residences, zoned “R -3” Multiple R es idenc e District. East – S ingle-family and two-family residences, zoned “R -3” Multiple R esidence Dis tric t. West – Exis ting commerc ial and residential development, zoned “C -2” C ommerc ial District. No buffers would be required as a part of this rezoning request, however, the parking of vehicles next to the residential uses to the southeas t of the property could possibly negatively impac t thos e properties . S taff believes the property should be sc reened along the s outheasterly property line of the parking lot with a fenc e not les s than six feet in height. An antique shop would be c onsidered a retail us e, and this building is between 5,000 and 50,000 s quare feet, whic h requires one parking s tall for every 250 feet of floor area, which would require 21 parking stalls . A residential dwelling requires two parking stall, therefore it would appear that 23 parking s talls are needed for this development. By looking at an aerial photo of the s ite, staff estimates there are 30 parking stalls on the s ite, whic h is an exc es s of s even stalls , therefore, it appears that all parking requirements are being met for the two uses. At the November 14, 2017 P lanning and Zoning C ommis s ion meeting, the C ommission unanimously rec ommended approval of the request with the following c onditions: 1. T hat there be a s olid six foot tall fence along the s outheasterly line of the parking lot to s creen it from the adjac ent residential use, loc ated at 817 Wellington S treet. 2. T hat the use be limited to an antique shop with one apartment. 3. T hat there is no outside s torage allowed on the premis es . 4. T hat sign regulations of the “C -1” C ommercial Dis tric t be required for the s ite. T he applic ant has signed an agreement to the c onditions of zoning, which is included in your attachments . Expenditure R equired:None S ource of F unds:N/A P olic y Issue:Zoning and Land Use Lots Nos. 6 and 7 and the Northwesterly 30 feet of Lot No. 8; all in Blac k No. 19 in Doe’s Addition to the Village (now C ity) of Waterloo, Iowa. And T hat part of Lot 9 and Lot 10 in Block No. 18 of Doe’s Addition, and Page 114 of 273 Legal Desc riptions : vacated portions of Wes t S ixth S treet and Wellington S treet, all in the C ity of Waterloo, Iowa, desc ribed as follows: B eginning at the S outhwesterly corner of L ot 6 in B lock No. 19 of Doe’s Addition; thence North 34°04’10” East 140.88 feet along the Northwesterly line of said L ot 6 to the S outhwesterly line of the public alley in Block N o. 19; thence North 56°06’46” West 64.44 feet along an extension of said S outhwesterly line of the public alley; thence Westerly 192.75 feet along a 612.96 foot radius curve concave Northerly with a long chord bearing S outh 69°46’27” West 191.96 feet; thence South 78°46’59” West 80.65 feet; thence S outh 56°03’27” East 153.73 feet, parallel to and 8 feet normally distant from the N ortheasterly line of B lock No. 4 in Miller ’s Addition; thence E asterly 117.71 feet along a 79.97 foot radius curve concave Southerly with a long chord bearing N orth 81°49’47” E ast 107.37 feet to the point of beginning. Page 115 of 273 November 14, 2017 801 Wellington St – R3 to C1CZ Page 1 of 3 REQUEST: Request by Steven Hackbarth to rezone approximately 1.05 acres from “R-3” Multiple Residence District to “C-1,C-Z” Conditional Zoning District, located at 801 Wellington Street. APPLICANT: Steven Hackbarth, 770 Franklin Avenue, Ackley, IA 50601 GENERAL DESCRIPTION: The applicant is requesting to rezone the property in question for the purposes of establishing an antique store and one apartment in a former church building, located at 801 Wellington Street. IMPACT ON NEIGHBORHOOD & SURROUNDING LAND USE: The request could have a negative impact on the surrounding neighborhood or land use, as rezoning the land to a commercial use would be allowing a commercial zoning district to encroach into a predominately residentially zoned neighborhood However, if the proper conditions are placed upon the conditional zoning request, those conditions could potentially mitigate the impacts of the commercial use on the abutting residential neighborhood , and allow for the reuse of what would otherwise be a vacant church building. VEHICULAR & PEDESTRIAN TRAFFIC CONDITIONS: The area is served by Wellington Street and West 6th Street, which are classified as Local Streets and Minor Arterials. There is also an alley access point to the property to the northeast from West 6 th Street. Commercial uses could potentially have a negative impact on traffic conditions on the residential streets, however, the proposed use as an antique shop would appear to be a low traffic generation use and not negatively impact traffic conditions. RELATIONSHIP TO RECREATIONAL TRAIL PLAN AND COMPLETE STREETS POLICY: There are no recreational trails within the immediate vicinity of the rezone area, but the area is served extensively by sidewalks, which appear to meet the Complete Streets Policy. ZONING HISTORY FOR SITE AND IMMEDIATE VICINITY: The area in question is zoned “R-3” Multiple Residence District and has been zoned as such since the adoption of the Zoning Ordinance in 1969. Surrounding land uses and their zoning are as follows: North – Single-family and two-family residences, zoned “R-3” Multiple Residence District. South – Single-family residences, zoned “R-3” Multiple Residence District. East – Single-family and two-family residences, zoned “R-3” Multiple Residence District. West – Existing commercial and residential development, zoned “C-2” Commercial District. DEVELOPMENT HISTORY: The area is comprised of commercial and residential development, with the residences being constructed in the early 1900s and new commercial development occurring as recent as this year. BUFFERS/ No buffers would be required as a part of this rezoning request, 12Page 116 of 273 November 14, 2017 801 Wellington St – R3 to C1CZ Page 2 of 3 SCREENING REQUIRED: however, the parking of vehicles next to the residential uses to the southeast of the property could possibly negatively impact those properties. Staff believes the property should be buffered along the southeasterly property line of the parking lot with a buffer not less than six feet in height. The buffer could be a weather resistant wood fence, which would appear to be adequate. DRAINAGE: The applicant is not proposing to reconstruct the parking lot and it would appear that the request would not have a negative impact upon drainage in the area. FLOODPLAIN: Small areas of the Zone AO, 100-year floodplain encroach on the that fronts up to West 5th Street, however, the church and parking lot are not within a Special Flood Hazard Area, as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 190025 and Panel Number 0301F, dated July 18, 2011. PUBLIC /OPEN SPACES/ SCHOOLS: Sacred Heart Catholic School is located approximately two blocks to the north of the site in question at the intersection of West 5 th Street and Randolph Street. There are no parks within the immediate vicinity of the site in question. UTILITIES: WATER, SANITARY SEWER, STORM SEWER, ETC: There is 4” drain tile and a 21” sanitary sewer West 6th Street, and an 8” sanitary sewer within Wellington Street. RELATIONSHIP TO COMPREHENSIVE LAND USE PLAN: The Future Land Use Map designates this area as Mixed Residential; Low, Medium, High Density Residential, Professional Offices and Neighborhood Commercial, and the proposed rezone request would appear to be in conformance with the Future Land Use Map and Comprehensive Plan for this area. STAFF ANALYSIS – ZONING ORDINANCE: Conditional Zoning may apply only to those cases which propose changing the zoning from an “R” Classification to a “C” or “S” Classification, a “C” to an “M” Classification, and those changes that will occur within each individual “R”, “C” or “M” grouping. The applicant is proposing to establish an antique shop and one apartment in a former church building, located at 801 Wellington Street. An antique shop is a permitted use within the “C-1” Neighborhood Commercial District, however, staff is proposing a conditional zoning classification due to the close proximity of residences and the impact a commercial use could have on those residences. The existing parking lot directly abuts the ho me to the southeast, located at 817 Wellington Street, and as a condition of approval, staff recommends that there be a buffer no less than six feet in height to screen the parking lot from the residential uses and to keep headlights from cars from shining on the adjacent property. An antique shop would be considered a retail use, and this building is between 5,000 and 50,000 square feet, which requires one parking stall for every 250 feet of floor area, which would require 21 13Page 117 of 273 November 14, 2017 801 Wellington St – R3 to C1CZ Page 3 of 3 parking stalls. A residential dwelling requires two parking stall, therefore it would appear that 23 parking stalls are needed for this development. By looking at an aerial photo of the site, staff estimates there are 30 parking stalls on the site, which is an excess of seven stalls, therefore, it appears that all parking requirements are being met for the two uses. The applicant is proposing to set an antique wagon on the vacant lot along West 5th Street and affix a 4’x 8’ (32 SF) sign to it to advertise the business. The “C-1” sign regulations allow for one freestanding post, pole or monument sign and shall not exceed 45 square feet in height and not have a surface area greater than 80 square feet on any one side. At the Technical Review Committee, Fire indicated that there could be issues with renovating this building, noting that potentially there is a need for a sprinkler system and fire alarm system and recommended that the request be tabled until those details can be discussed. Building Inspections also indicated that certified architectural plans will need to be submitted for the renovation for building code review. STAFF ANALYSIS – SUBDIVISION ORDINANCE: There is no platting requested with this item. STAFF RECOMMENDATION: Therefore, staff recommends that the request to rezone approximately 1.05 acres land from “R-3” Multiple Residence District to “C-1,C-Z” Conditional Zoning District be approved for the following reasons: 1. The request would not appear to have a negative impa ct on the surrounding area. 2. The request would not appear to have a negative impact upon pedestrian and traffic conditions within the surrounding area. 3. The request is in conformance with the Future Land Use Map and Comprehensive Plan for this area, which designate it as Mixed Residential; Low, Medium, High Density Residential, Professional Offices and Neighborhood Commercial And with the following condition(s): 1. That there be a solid six foot tall fence along the southeasterly line of the parking lot to screen it from the adjacent residential use, located at 817 Wellington Street. 2. That the use be limited to an antique shop with one apartment. 3. That there is no outside storage allowed on the premises. 4. That sign regulations of the “C-1” Commercial District be required for the site. 14Page 118 of 273 WA T E R S T . LA F A Y E T T E S T . E. 7th S T . WA T E R S T . W. 10 t h S T . W. 6th S T . W. 9th S T . HENRY W. 12 t h S T . LI N W O O D A V E . W 1 1 t h S T . 218 W. 5th S T . VE R M O N T S T . V E R M O N T S T . W. 3rd S T . W. 2nd S T . W. 4th S T . W. 5th S T . W. 6th S T . W. 6 t h S T . W. 6th S T . W E S T E R N A V E . L O C U S T S T . B A L T I M O R E S T . D E N V E R S T . PLEASANT ST. JOHNSON W. 7th S T . W. 8th S T . AL L E N S T . JO H N S O N S T . LE A V I T T S T . WE L L I N G T O N S T . RA N D O L P H S T . HA M M O N D A V E . W. 4th S T . W. 3rd S T . W. 1s t S T . WE L L I N G T O N S T . ELMWOOD ST. C E D A R FEREDAY SO U T H S T . BERTCH AVE. BA Y A R D S T . AVE. WILLISTON AVE. DE N V E R S T . WE S T E R N A V E . BA L T I M O R E S T . FOREST AVE.W. 8 t h S T . BYRON AVE. RA N D O L P H S T . HO O V E R S T . HA M M O N D A V E . HAWTHORNE AVE. BERTCH AVE. WILLISTON AVE. W. 1 1 t h S T . OR E G O N S T . RA N D O L P H S T . W. 5th S T . ST. W. PA R K A V E . AVE. W. 3rd S T . W. 2n d S T . JE F F E R S O N S T . CO M M E R C I A L S T . CE D A R S T . OA K L A W N A V E . W. 11 t h S T . W. 6 t h S T . W. 7 t h S T . W. 9 t h S T . GLENNY AVE. AV E . SU N N Y S I D E A V E . W A S H I N G T O N S T . BL U F F SO U T H S T . W. MU L L A N A V E . LELAND UNIVERSITY AVE. WA S H I N G T O N S T . W. 2n d S T . WA S H I N G T O N S T . W. 5th S T . W. 9th S T . GR A N T A V E . BL U F F BL U F F S T . CT. AVE ST. AVE. VIR D E N BYRON CT. ST GRANT S T . W. PA R K W. 4th PA R K FRANCES DR. BL V D . HAMMONDCT. W. 8th S T . J.R . D R . W. 7th S T . WA S H I N G T O N S T . WA S H I N G T O N S T . AL L E N S T . G R A N T A V E . W. 6th S T . 63 Cedar River R-2 R-3 R-4 C-3 R-3 M-1 C-2 A-1 C-3M-1 R-4 M-2 R-1,R-P C-2 C-1 M-1R-4,R-P C-1 R-1,R-P R-4 C-2 C-2 C-1 R-3 C-1 R-1,R-P C-1 C-1,C-Z C-1 C-1,C-Z R-4,C-Z R-2,C-Z R-3,C-Z R-2,C-Z City of Waterloo Planning, Programming and Zoning CommissionNovember 14, 2017 801 Wellington StreetRezone R-3 to C-1,C-ZSteven Hackbarth 800 0 800400Feet µ ^ 15Page 119 of 273 West 6 t h S t r e e t City of Waterloo Planning, Programming and Zoning CommissionNovember 14, 2017 801 Wellington StreetRezone R-3 to C-1,C-ZSteven Hackbarth 75 0 7537.5 Feet µ Proposed Rezone Area Wel l i n g t o n S t r e e t West 5th Street Alle y 16Page 120 of 273 R-3 C-2 West 6 t h S t r e e t City of Waterloo Planning, Programming and Zoning CommissionNovember 14, 2017 801 Wellington StreetRezone R-3 to C-1,C-ZSteven Hackbarth 75 0 7537.5 Feet µ Proposed Rezone Area We l l i n g t o n S t r e e t West 5th Street Alle y 17Page 121 of 273 18 Pa g e 1 2 2 o f 2 7 3 19 Pa g e 1 2 3 o f 2 7 3 2 0 P a g e 1 2 4 o f 2 7 3 Rezone Request – 801 Wellington Street 801 Wellington Street. Looking at the existing parking lot to the southeast of the building. Looking at the rear of the building where there is additional parking from the alley. Looking at the existing parking lot to the southeast of the building with existing residential development visible in the background on Wellington Street. 21Page 125 of 273 Rezone Request – 801 Wellington Street Looking towards West 5th Street with existing commercial development visible in the background. Looking at the alley behind the building that has access onto West 5th Street. 22Page 126 of 273 Page 127 of 273 Page 128 of 273 CI TY OF WATER LOO Council Communication P helps Youth P avilion P laysc ape P rojec t City Council Meeting: 2/5/2018 Prepared: 1/31/2018 R EV I EWER S : Department R eviewer Action Date C ulture & Arts Even, LeAnn Approved 1/25/2018 - 1:08 P M ATTA C H M EN TS: D escription Type Request for P roposal P helps Youth P avilion P layscape P roject B ackup Material Bid Tab B ackup Material S UB J E C T: Motion to rec eive and file proof of publication of notic e of public hearing. HO LD HEAR I NG - No comments on file. Motion to c los e hearing and rec eive and file oral and written c omments . R esolution c onfirming approval of plans , s pecific ations , bid doc uments, form of c ontract, es timate of cost, etc . R esolution authorizing to proc eed. Motion to rec eive, file and instruc t the C ity C lerk to read bids bids . R esolution approving award of bid to S oft P lay of Huntersville, North C arolina, in the amount of $74,999, in c onjunc tion with the P helps Youth P avilion P laysc ape P rojec t, and authorize the Mayor and C ity C lerk to execute s aid doc uments. S ubmitted by:S ubmitted By: Kent S hankle, C ultural & Arts Direc tor R ec ommended Ac tion:Approve. S ummary S tatement: T his project c reates an active play s pace, outfitted with an interactive indoor playground s tructure, as an addition to the P helps Youth P avilion to be housed in the rotunda formerly oc cupied by the G ift S tore whic h was reloc ated to a more central location. Expenditure R equired:$75,000. S ource of F unds:Black Hawk G aming Assoc iation, C ommunity F oundation of Northeast Iowa, private contributions . P olic y Issue:T his project supports the C ity of Waterloo S trategic P lan, S trategy 4.5 "Maintain C ity fac ilities that s upport quality of place". Page 129 of 273 NOTICE OF PUBLIC HEARING page 1 of 1 REQUEST FOR PROPOSAL FOR: FY2018 Phelps Youth Pavilion Indoor Playscape Project City of Waterloo, Cultural & Arts Commission Waterloo, Iowa CONTACT PERSON: Angi Reid, Education Coordinator Culture & Arts (319) 291-4490 angi.reid@waterloo-ia.org Page 130 of 273 NOTICE OF PUBLIC HEARING page 1 of 1 TABLE OF CONTENTS Notice to Bidders Instruction to Bidders General Conditions Bid Specifications Bid Form Bid Bond Non-collusion Affidavit of Prime Bidder Non-collusion Affidavit of Subcontractor Equal opportunity Clause Added Attachments: Section 3 Clause Packet Playground Location and Dimensions Photo/Drawing Page 131 of 273 NOTICE OF PUBLIC HEARING page 1 of 1 CITY OF WATERLOO, IOWA WATERLOO CULTURAL & ARTS COMMISSION NOTICE OF PUBLIC HEARING On Proposed Specifications and the NOTICE TO BIDDERS FY2018 PHELPS YOUTH PAVILION PLAYSCAPE PROJECT NON-MANDATORY PRE-BID CONFERENCE 10:00 am, December 29 at Waterloo Center for the Arts, 225 Commercial Street, Waterloo, Iowa 50701 RECEIVING OF BIDS Sealed proposals will be received by the City Clerk of the City of Waterloo, Iowa, at the Clerk’s office in City Hall, Waterloo, Iowa, on January 4, 2018 until 1:00 p.m., for the FY2018 PHELPS YOUTH PAVILION PLAYSCAPE PROJECT. OPENING OF BIDS All proposals received for FY2018 PHELPS YOUTH PAVILION PLAYSCAPE PROJECT will be opened in the First Floor Conference Room in City Hall, Waterloo, Iowa on Thursday, January 4, 2018 until 1:00 p.m., and the proposals will be referred to the Waterloo Cultural & Arts Commission for recommendation of award. PUBLIC HEARING Notice is hereby given that the Waterloo City Council will conduct a public hearing on the proposed Specifications and Form of Contract for the FY2018 PHELPS YOUTH PAVILION PLAYSCAPE PROJECT at 5:30 p.m. on Monday, January 8, 2017. The hearing will be held in the Council Chambers in Waterloo City Hall. The contract documents are on file in the City Clerk’s office, 715 Mulberry St. and the Waterloo Center for the Arts, 225 Commercial Street, Waterloo, Iowa, for public examination. Any person interested may file written objection with the City Clerk before the date set for the hearing or appear and make objection at the meeting. SCOPE OF WORK The Contractor shall provide labor as specified and all materials necessary for the FY2018 PHELPS YOUTH PAVILION PLAYSCAPE PROJECT in accordance with these plans and specifications. CONTRACT PERIOD The work shall be completed no later than April 1, 2018. PROPOSALS SUBMITTED All bids must be submitted on forms supplied by the Waterloo Cultural & Arts Commission. BID SECURITY REQUIRED All bids must be accompanied, in a separate envelope, by a certified or cashier’s check drawn on an Iowa bank chartered under the laws of the United States, or a certified share draft drawn on a Credit Union in Iowa chartered under the laws of the United States, or a bid bond payable to the City of Waterloo, Iowa, in the sum of not less than five percent (5%) of the bid submitted, which certified check, certified share draft, or bid bond will be held as security that the Bidder will enter into a Contract for the construction work and will furnish the required bonds, and in case the successful bidder shall fail or refuse to enter into the Contract and furnish the Page 132 of 273 NOTICE OF PUBLIC HEARING page 1 of 1 required bonds, the bid security may be retained by said City as agreed liquidated damages. If Bid Bond is used, it must be signed by both the bidder and the surety or the surety’s agent. Signature of surety’s agent must be supported by accompanying Power of Attorney. CONTRACT AWARD The City shall award the Contract to the responsible Bidder(s) whose bid, conforming to the Specifications, is most advantageous to the City and the Waterloo Cultural & Arts Commission; price and other factors considered. The intention is not to award the contract at the time of bid opening, but to award the contract after review of bids and bidder information by the City and Waterloo Cultural & Arts Commission such that the award is made within thirty (30) days after bid opening. The City reserves the right to waive any and all parts of a specific bid. BOND The successful Bidder shall furnish a Performance and Payment Bond, within ten (10) days after notification of acceptance of the bid, in an amount equal to one hundred percent (100%) of the contract price. The Bond is to be issued by a responsible surety approved by the City Council and shall guarantee the faithful performance of the contract and the terms and conditions therein contained and shall guarantee the prompt payment of all materials and labor and protect and save harmless the City from claims of any kind caused by the operation of the Contractor. AFFIRMATIVE ACTION PROGRAM The successful Bidder and any subcontractors will be required to execute and have approved an Affirmative Action Program or Update before beginning work on the project, if they have been awarded an aggregate of $10,000 in City projects during the current calendar year. METHOD OF PAYMENT TO CONTRACTOR The Contractor will be paid against monthly estimates of the work completed and work approved by the Culture & Arts staff. Final payment will be made thirty one (31) days after completion of the work and acceptance by the Waterloo Culture & Arts staff. Before final payment is made for said work, vouchers showing that all subcontractors and workmen and all persons furnishing materials have been fully paid for such materials and labor will be required. Published pursuant to the provision of Division VI of Chapter 384 the City Code of Iowa and upon order of the City Council of said Waterloo, Iowa, on the _______ day of _________________________, 2017. City of Waterloo, Iowa, ________________________________ Kelley Felchle, City Clerk Page 133 of 273 NOTICE OF PUBLIC HEARING page 1 of 1 CITY OF WATERLOO, IOWA Waterloo Culture & Arts Commission INSTRUCTION TO BIDDERS I. EXPLANATIONS TO BIDDERS Any explanation desired by a bidder regarding the meaning or interpretation of the Notice to Bidders, Plans, Specifications, etc., must be requested in writing and with sufficient time allowed for a reply to reach bidders before submission of their bids. Any interpretation made will be in the form of an amendment of the Notice to Bidders, Plans, Specifications, etc., and will be furnished to all prospective bidders. Its receipt by the bidder must be acknowledged in the space provided on the Proposal Form or by letter or telegram received before the time set for opening of bids. Oral explanations or instructions given before the award of the contract will not be binding. II. PROPOSALS SUBMITTED All bids must be submitted on forms supplied by the Culture & Arts Commission. Before submitting a bid, each bidder shall carefully examine the drawings (if any), read the specifications and all other contract documents and visit the site of the work. Each bidder shall be fully informed, prior to the bidding, as to all existing conditions and limitations under which the work is to be performed and shall include in this bid a sum to cover the cost of all items necessary to perform the work as set forth in the contract documents. No allowance will be made to any bidder because of lack of such examination or knowledge. The submission of a bid shall be construed as conclusive evidence that the bidder has made such examination. The bidder’s attention is directed to the fact that all applicable state laws, muni cipal ordinances and the rules and regulations of all authorities having jurisdiction over the project shall apply to the Contract throughout and they shall be deemed to be included in the Contract the same as though herein written out in full. III. LATE BIDS AND MODIFICATIONS OR WITHDRAWALS Bids and modifications or withdrawals thereof received at the office designated in the Notice to Bidders after the exact time set for closing of bids will not be considered. However, a modification which is received from an otherwise successful bidder, and which makes the terms of the bid more favorable to the City, will be considered at any time it is received and may thereafter be accepted. Bids may be withdrawn by written or telegraphic request received from bidde rs prior to the time set for closing of bids. IV. PUBLIC OPENING OF BIDS Bids will be publicly opened at the specified time and place for opening in the Notice to Bidders. Their content will be made public for the information of bidders and others interested who may be present either in person or by representative. V. COLLUSIVE AGREEMENTS A. Each bidder submitting a bid shall execute and include with the bid, a Non -Collusion Page 134 of 273 NOTICE OF PUBLIC HEARING page 1 of 1 Affidavit in the form herein provided, to the effect that he has not colluded with any other person, firm, or corporation in regard to any bid submitted. B. Each bidder submitting a bid shall have each proposed subcontractor, if any, execute and include with the bid, a Non-Collusion Affidavit in the form herein provided, to the effect that he has not colluded with any other person, firm, or corporation in regard to any bid submitted. Before executing any subcontract, the successful bidder shall submit the name of any proposed subcontractor for approval by the City. VI. EMPLOYMENT AND BUSINESS OPPORTUNITY (SECTION 3/ HUD ACT OF 1968) To the greatest extent feasible, suppliers, subcontractors, and low income workers owning businesses or living in the Waterloo area must be given priority in supplying materials, bidding for subcontract work, or applying for employment by the contractor on this project. Opportunities for training and for employment arising in connection with this project shall to the greatest extent feasible be made available to lower income persons residing in the project area. The Contract area is the City of Waterloo. The City of Waterloo will require the contractor to document his efforts in securing lower income workers living in the project area and in purchasing supplies from, and awarding subcontracts to, businesses owned by persons residing in the project area. See Section 3 Clause attachment for more information. VII. STATEMENT OF BIDDER’S QUALIFICATIONS Each Bidder shall, upon request of the Waterloo Culture & Arts, submit on the form furnished a statement of the Bidder's qualifications, his/her experience record in completing the type of project proposed, and equipment available for the work contemplated; and when requested, a detailed financial statement. The Waterloo Culture & Arts shall have the right to take such steps as it deems necessary to determine the ability of the Bidder to perform obligations under the Contract; and the Bidder shall furnish the W aterloo Culture & Arts all such information and data for this purpose as it may request. The right is reserved to reject any bid where an investigation of the available evidence or information does not satisfy Culture & Arts that the Bidder is qualified to carry out properly the terms of the Contract. XIII. EXECUTION OF AGREEMENT, BOND, AND CERTIFICATE OF INSURANCE A. Subsequent to the award and within ten (10) days after the prescribed forms are presented for signature, the successful bidder shall execute and deliver to the City, an agreement in the form included in the contract documents in such number of copies as the City, may require. B. Having satisfied all conditions of award as set forth elsewhere in these documents, the successful bidder shall, within the period specified in paragraph "A" above, furnish a surety bond in a penal sum not less than the amount of the contract as awarded, as security for the faithful performance of the contract and the terms and conditions therein contained and shall guarantee the prompt payment of all persons, firms, or corporations to whom the contractor may become legally indebted for labor, materials, tools, equipment, or services of any nature including utility and transportation services, employed or used by him/her in performing the work. The bond shall protect and save harmless the City and Waterloo Culture & Arts from claims and damages of any kind caused by the operations of the contractor and shall also guarantee the maintenance of the contract improvements for the period stated in the Notice of Hearing from and after completion of said impro vements and their acceptance Page 135 of 273 NOTICE OF PUBLIC HEARING page 1 of 1 by the City and Culture & Arts. Such bond shall be in the same form as that included in the contract documents and shall bear the same date as, or a date subsequent to that of the agreement. The current Power of Attorney for the person who signs for any surety company shall be attached to such bond. C. The successful bidder shall, within the period specified in paragraph "A" above, furnish a certificate of insurance for approval in amounts of not less than the amounts specified in the General Conditions. The certificate of insurance shall be furnished in such number of copies as the City of Waterloo may require. The City of Waterloo shall be named as an "Additional Named Insured." The contractor shall similarly submit his subcontractor's certificates of insurance in the amounts for approval before each commences work. The contractor shall carry or require that there be Worker's Compensation insurance for all his employees and those of his subcontractors engaged in work at the site, in accordance with State Worker's Compensation Laws. D. The failure of the successful bidder to execute such agreement and to supply the required bond or bonds within ten (10) days after the prescribed forms are presented for signature, or within such extended period as the City, may grant, based upon reasons determined sufficient by the City, may either award the contract to the next lowest responsible bidder or re-advertise for bids, and may charge against the bidder the difference between the amount of the bid and the amount for which a contract for the work is subsequently executed, irrespective of whether the amount thus due exceeds the amount of the bid guaranty. If a more favorable bid is received by re -advertising, the defaulting bidder shall have no claim against the City or Waterloo Culture & Arts for a refund. Page 136 of 273 NOTICE OF PUBLIC HEARING page 1 of 1 CITY OF WATERLOO, IOWA Waterloo Culture & Arts GENERAL CONDITIONS Definitions Whenever used in any of the Contract Documents, these terms shall be defined as follows: Contract - means the Contract or Agreement executed by and between the City Of Waterloo and the Contractor. Owner or Local Public Agency (LPA) - means the Waterloo Culture & Arts. Contractor - means the person, firm or corporation entering into the Contract with The City of Waterloo, to construct and install the improvements described in the Specifications and shown on the Plans or Drawings. Contract Documents - means and shall include the following: Executed Contract Or Agreement, Addenda (if any), Invitation for Bids, Instructions to Bidders, Signed Copy of Bid, General Conditions, Special Conditions, Specifications, and Plans or Drawings. Superintendence by Contractor Except where the Contractor is an individual and gives personal superintendence to the work, the Contractor shall provide a competent superintendent, satisfactory to Culture & Arts/City of Waterloo, on the work site at all times during working hours with full authority of the Contractor. The Contractor shall also provide an adequate staff to properly coordinate and expedite the work. The Contractor shall lay out and be responsible for all work executed under this Contract. The Contractor shall verify all figures and elevations before proceeding with the work and will be held responsible for any error resulting from failure to do so. Other Contracts The City of Waterloo may award or may have awarded other Contracts for additional work, and the Contractor shall cooperate fully with other Contractors, by scheduling work under this Contract with that to be performed under other Contracts as may be directed by Waterloo Culture & Arts/City of Waterloo. The Contractor shall not commit or permit any act which will interfere with the performance of work by any other Contractor as scheduled. Fitting and Coordination of the Work The Contractor shall be responsible for the proper fitting of all work and for the coordination of the operations of all Subcontractors engaged upon this Contract. The Contractor shall be prepared to guarantee to each Subcontractor the locations and measurements which they may require for the fitting of their work to all surrounding work. Page 137 of 273 NOTICE OF PUBLIC HEARING page 1 of 1 Care of Work The Contractor shall be responsible for all damages to person or property that occur as a result of negligence in connection with the execution of work and shall be reasonable for the proper care and protection of all materials delivered and work performed until completion and final acceptance by the Waterloo Cultural & Arts Commission. The Contractor shall provide sufficient security, both day and night, including weekends and holidays, from the time the work is commenced until final completion and acceptance, exce pt when work being performed does not require protection. The Contractor shall be responsible for any loss of work, materials, equipment or time due to acts of any person on the project site. Therefore it is the responsibility of the Contractor to determine when security is needed. The Contractor shall avoid damage to existing sidewalks, streets, curbs, pavements, structures, and utilities except those which are to be replaced or removed. Any damage caused by the Contractor's operation shall be completely repaired at no expense to the Owner. General Requirements The Contractor shall be responsible for being informed as to all existing conditions and limitations under which the work is to be performed. No extra allowance will be made because of lack of such examination or knowledge. Permits and Codes The Contractor shall secure from the appropriate departments of the local government, at no charge, the required building, electrical, plumbing and heating permits. The Contractor shall give all notices required by, and comply with all applicable municipal and state laws, ordinances and codes. Liability Insurance The Contractor shall carry liability insurance which shall save the City harmless and protect the public and any person from injury sustained by the reason of the prosecution of the work or the handling or storing of materials therefore, and said Contractor shall also carry insurance which shall meet the requirements of the Iowa Worker's Compensation Law. Before the work shall be started on this contract, the Contractor shall furnish the City Clerk/Finance Manager with proper affidavit or affidavits execu ted by representatives of duly qualified insurance companies, evidencing that said insurance company or companies have issued liability insurance policies, effective during the life of the contract, or for a period of at least ten (10) days following the filing of written notice of cancellation, protecting the public and any person from injuries or damages sustained by reason of carrying on the work involved in the contract. The affidavit shall specifically evidence the following forms of insurance protection: a. Public liability insurance covering all operations performed by persons directly employed by the Contractor. b. Public liability insurance covering all operations performed by any subcontractor to whom a portion of the work may have been assigned. c. Public liability insurance covering all work upon the project performed by any independent contractor working under the direction of either the principal contractor or a subcontractor. Page 138 of 273 NOTICE OF PUBLIC HEARING page 1 of 1 d. Motor vehicle bodily injury liability insurance and property damage liability insurance on all motor vehicles employed on the work, whether owned by the contractor or by other persons, firms, or corporations. e. The minimum protection shall be as follows: Comprehensive General Liability Insurance Bodily Injury (including wrongful death) $2,000,000.00 per person Aggregate, Products and Completed Operations $2,000,000.00 Property Damage $2,000,000.00 per accident Comp. Auto Bodily Injury $2,000,000.00 per person Property Damage $2,000,000.00 per occurrence The Contractor shall have the City of W aterloo, Iowa, named as an "Additional Named Insured" in the amount of $2,000,000.00 liability for bodily injury (including wrongful death) and property damage. A certificate or a policy, if requested, shall be filed with the Owner. The City Of Waterloo is Tax Exempt. All certificates and/or policies of insurance furnished by the Contractor to be filed with the City Clerk/Finance Manager shall include the name and address of the agency issuing the same. It shall be required that the City Clerk/Finance Manager be notified by registered mail of the cancellation or expiration of the above insurance. Removal of Debris, Cleaning, Etc. The Contractor shall periodically, or as directed during the progress of the work, remove and legally dispose of all surplus excavated material and debris, and keep the project area reasonably clean. Upon completion of the work the Contractor shall remove all temporary construction facilities, debris and unused materials provided for the work and put the whole site of the work in a neat and clean condition. Page 139 of 273 NOTICE OF PUBLIC HEARING page 1 of 1 CITY OF WATERLOO CULTURAL & ARTS COMMISSION FY2018 PHELPS YOUTH PAVILION INDOOR PLAYSCAPE PROJECT SPECIFICATIONS The Contractor shall perform all work required and furnish all labor, materials, equipment, tools, transportation and supplies necessary to complete the work at the Phelps Youth Pavilion, located at 225 Commercial Street, in accordance with International Building Code and any applicable code and local ordinances Should any misunderstanding arise as to the intent or meaning of the plans or specifications, the decision of the City shall be final and conclusive. SCOPE OF WORK: Estimated cost should not exceed $75,000.00, which includes 1) a custom designed play area, delivery and installed by representative from manufacturer. This is to be put in an indoor space, and must fit within that space and reflect a maximum capacity of 90 people. The Waterloo Center for the Arts is open to new designs and styles of play systems. We encourage all vendors to submit up to 3 different designs. The play area shall require the following: The play system shall include but not be limited to: A custom configured, contained play structure that fits the height, width and length required to efficiently use the space and capacity needs of the Phelps Youth Pavilion . Specifically the play system should: One (1) 2-12 year old custom soft contained play structure to fit approximately a 35’ x 39’ footprint. See attached drawing/photo. Attached, free standing or wall-mount shoe storage for thirty (30) pair of shoes. All required signage pertaining to play area. All required safety surface for each play area. Delivery, installation by certified installer and written post installation inspection. Presentation binder/folder and 3D renderings to submit to selection committee Engineering submittals for all equipment, structures and surfacing Open visible site lines throughout the structure Have easy access entries and climbs for caregiver/support or maintenance staff Have an ADA accessible route. Page 140 of 273 NOTICE OF PUBLIC HEARING page 1 of 1 In addition the PlayScape structure should encourage active play, gross motor skills, balance and cognitive development. Structures and surfacing to comply with current: 1) CPSC Guidelines 2) ASTM Requirements 3) ADA Guidelines 4) IPEMA Certified Existing Play Area Dimensions: Current play area dimensions are 35’ wide x 39’ long with a ceiling height measuring 23’. Area is divided by a pillar as seen in plans/photo. Clean-Up: Contractor responsible for all clean-up related to the safety surface installation. All refuse must be removed for jobsite. City of Waterloo is responsible for play system clean-up. Guarantee: The Contractor shall guarantee all material and equipment furnished and installed by him for a period of one year after final acceptance by the Cultural & Arts Commission. Should any defects arise as the result of defective materials or workmanship in the play system or safety surface within the guarantee period, the Contractor shall replace and repair at no cost to the City. START DATE Work must commence within 45 days of signed contract or time determined by Contractor and Culture & Arts Commission. COMPLETION DATE All work shall be completed by April 1, 2018 ALL WORK TO MEET ALL CITY OF WATERLOO BUILDING CODES. The City of Waterloo reserves the right to reject any and/or all bids. The Contractor is responsible for obtaining permits and the performance of all work according to the City of Waterloo Codes. Permits will be at no charge. If you have any questions, please contact Angi Reid, Education Coordinator, at 291-4490. Page 141 of 273 NOTICE OF PUBLIC HEARING page 1 of 1 CITY OF WATERLOO, IOWA WATERLOO CULTURAL & ARTS COMMISSION BID FORM For FY2018 PHELPS YOUTH PAVILION INDOOR PLAYSCAPE PROJECT BIDDER: _______________________________________________________________ COMPANY NAME ADDRESS: _____________________________________________________________ _____________________________________________________________ _____________________________________________________________ PHONE: (________) _________________ 1. The undersigned, being a Corporation existing under the laws of the State of _______, a Partnership consisting of the following partners: _______________________________ _______________________________________________________________________, having been familiarized with the existing conditions on the project area affecting the cost of the work, and with all the Contract Documents now on file in the offices of the City Clerk, City Hall, Waterloo, Iowa, and the Waterloo Culture & Arts, 225 Commercial Street, Waterloo, Iowa, hereby proposes to furnish all supervision, technical personnel, labor, materials, machinery, tools, equipment, and services, including utility and transportation services required to complete the proposed FY2018 PHELPS YOUTH PAVILION INDOOR PLAYSCAPE PROJECT in accordance with the contract documents and for the total price for work in place for the following amount: ______________________________________________________ dollars ($______________) 2. In submitting this bid, the Bidder understands that the right is reserved by the City of Waterloo, Iowa, to reject any or all bids. If written notice of acceptance of this Bid is mailed or delivered to the undersigned within thirty (30) days after Bid Opening, of at any time thereafter bef ore this bid is withdrawn, the undersigned agrees to execute and deliver an agreement in the prescribed form and furnish the required bond and certificate of insurance within ten (10) days after the agreement is presented for signature, and start work within ten (10) days after “Notice to Proceed” is issued. 3. Security in the sum of __________________________________ dollars ($_________) In the form of ______________________________, is submitted herewith in accordance with NOTICE TO BIDDERS. 4 Attached is a Non-Collusion Affidavit of Prime Contractor. 5. The Bidder is prepared to submit a financial and experience statement upon request. 6. The Prime Contractor and Subcontractor(s), which have performed an aggregate of $10,000.00 in work for the City in the current calendar year, are prepared to submit an AAP or Update and an EOC, within ten (10) days of notification that the bid submitted is lowest and acceptable. 7. The Bidder has received the following Addendum or Addenda: Page 142 of 273 NOTICE OF PUBLIC HEARING page 1 of 1 Addendum No. ______ Date: ____/____/____ ______ ____/____/____ ______ ____/____/____ 8. The Bidder has filled in all blanks on this proposal. Those blanks not applicable are marked “none” or “NA”. 9. The bidder has attached all applicable forms. 10. The owner reserves the right to select alternatives, delete line items, and/or to reduce quantities prior to the Award of Contract due to budgetary limitations. CONTACT PERSON: ____________________________________________________ Please Print PHONE: _____________________________ SIGNED: ___________________________________________ DATE: ____/____/____ Page 143 of 273 NOTICE OF PUBLIC HEARING page 1 of 1 BID BOND KNOW ALL MEN BY THESE PRESENTS, that we, ______________________________________________ _____________________________as Principal and _______________________________________________ As Surety are held and firmly bound unto the City of Waterloo, Iowa, hereinafter called “OWNER”. In the penal sum ________________________________________________________________________________dollars ($_______________) lawful money of the United States, for the payment of which sum will and truly be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. The condition of this obligation is such that whereas the Principal has submitted the accompanying bid dated the ___day of _________________________, 20___, for __________________________________. NOW, THEREFORE, a) If said Bid shall be rejected, or in the alternate, b) If said Bid shall be accepted and the Principal shall execute and deliver a contract in the form specified and shall furnish a bond for his faithful performance of said contract, and for the payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the agreement created by the acceptance of said Bid, Then this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. By virtue of statutory authority, the full amount of this bid bond shall be forfeited to the Owner in liquidation of damages sustained in the event that the Principal fails to execute the contract and provide the bond as provided in the specifications or by law. The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its bond shall be in no way impaired or affected by any extension of the time within which the Owner may accept such Bid or execute such contract; and said Surety does hereby waive notice of any such extension. IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals, and such of them as are corporations, have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers this _______ day of ____________________, A.D. 20________. _____________________________________ (Seal) Principal _____________________________________ By___________________________________ (Title) Witness _____________________________________ (Seal) Surety _____________________________________ By_______________________________________ Witness Attorney-In-Fact Page 144 of 273 NOTICE OF PUBLIC HEARING page 1 of 1 NON-COLLUSION AFFIDAVIT OF PRIME BIDDER State of __________________) ) County of_________________) ___________________________________, being first duly sworn, deposes and says that: 1. He is (Owner), (Partner), (Officer), (Representative), or (Agent) of ____________________, the Bidder that has submitted the attached Bid; 2. He is fully informed respecting the preparation and contents of the attached Bid and of all pertinent circumstances respecting such Bid; 3. Such Bid is genuine and is not a collusive or sham Bid; 4. Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees, or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly, with any other Bidder, firm or person to submit a collusive or sham Bid in connection with the Contract for which the attached Bid has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other Bidder, firm or person to fix the price or prices in the attached Bid or of any other Bidder, or, to fix any overhead, profit or cost element of the bid price or the bid price of any other Bidder, or t o secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against the City of Waterloo, Iowa, or any person interested in the Proposed Contract; and 5. The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the Bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. Signature Title Subscribed and sworn to before me this _______ Day of ___________________________, 20__. __________________________________ _____________________________________ Signature Title My commission expires ________________________________ Page 145 of 273 NOTICE OF PUBLIC HEARING page 1 of 1 COLLUSION AFFIDAVIT OF SUBCONTRACTOR State of __________________) ) County of_________________) _________________________________________, being first duly sworn, deposes and says that: 1. He is (Owner), (Partner), (Officer), (Representative), or (Agent) of ____________________, hereinafter referred to as the “Subcontractor”; 2. He is fully informed respecting the preparation and contents of the subcontractor’s proposal submitted by the subcontractor to ________________________________________, contract pertaining to the FY2018 PHELPS YOUTH PAVILION INDOOR PLAYSCAPE PROJECT in Waterloo, Black Hawk County, Iowa; 3. Such subcontractor’s proposal is genuine and is not a collusive or sham proposal; 4. Neither the subcontractor nor any of its officers, partners, owners, agents, representatives, employees, or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly, with any other bidder, firm or person to submit a collusive or sham proposal in connection with such contract or to refrain from submitting a proposal in connection with such contract, or has in any manner, directly or indirectly, sought by unlawful agreement or connivance with any other bidder, firm or person to fix the price or prices in said subcontractor’s proposal, or to fix any overhead, profit or cost element of the price of prices in said subcontractor’s proposal, or to secure through collusion, conspiracy, connivance or unlawful agreement any advantage against the City of Waterloo, Iowa, or any person interested in the proposed Contract; 5. The price or prices quoted in the subcontractor’s proposal are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. Signature Title Subscribed and sworn to before me this _____ Day of __________________________, 20__. ____________________________________ _______ ____________________________ Signature Title My commission expires ________________________________. Page 146 of 273 NOTICE OF PUBLIC HEARING page 1 of 1 EQUAL OPPORTUNITY CLAUSE (As provided in Executive Order No. 11246) All contractors, subcontractors, vendors and suppliers of goods and services doing business with the City and value of said business equals or exceeds ten thousand dollars ($10,000.00) annually agree as follows: 1. The contractor, subcontractor, vendor and supplier of goods and services will not discriminate against any employee or applicant for employment because of race, color, creed, sex, national origin, economic status, age, mental or physical handicap, political opinions or affiliations. The contractor, subcontractor, vendor and supplier will develop an Affirmative Action program to ensure that applicants are employed and that employees are treated during employment without regard to their race, creed, color, sex, national origin, religion, economic status, age, mental or physical disability, political opinions or affiliations. Such actions shall include but not be limited to the following: a. Employment b. Upgrading c. Demotion or Transfer d. Recruitment and Advertising e. Layoff or Termination f. Rates of Pay or Other Forms of Compensation g. Selection for Training Including Apprenticeship. 2. The contractor, subcontractor, vendor and supplier of goods and services will, in all solicitations or advertisements for employees, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, sex, national origin, religion, economic status, age, mental or physical disabilities, political opinion or affiliations. 3. The contractor, subcontractor, vendor and supplier or his/her collective bargaining representative will send to each labor union or representative of workers which he/she has a collective bargaining agreement or other contract or understanding, a notice advising said la bor union or workers’ representative of the contractor’s commitment under this section. 4. The contractor, subcontractor, vendor and supplier of goods and services will comply with all published rules, regulations, directives, and order of the City of Waterloo Affirmative Action Program Contract Compliance Provisions. 5. The contractor, subcontractor vendor and supplier of goods and services will furnish and file compliance reports within such time and upon such forms as provided by the Affirmative Action Officer. Said forms will elicit information as to the policies, procedures, patterns, and practices of each subcontractor as well as the contractor himself/herself and said subcontractor, vendor and supplier will permit access to his/her employment books, records and accounts to the City’s Affirmative Action Officer, for the purpose of investigation to ascertain compliance with this contract and with rules and regulations of the City’s Affirmative Action Program – Contract Compliance Provisions relative to Resolution No. 24664. 6. In the event of the contractor’s non-compliance with the non-discrimination clauses of this contract or with any of such rules, regulations and orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further contracts in accordance with procedures authorized by the City Council. Page 147 of 273 NOTICE OF PUBLIC HEARING page 1 of 1 7. The contractor, subcontractor, vendor and supplier of goods and services will include, or incorporate by reference, the provisions of the non-discrimination clause in every contract, subcontract or purchase order unless exempted by the rules, regulations or orders of the City’s Affirmative Action Program, and will provide in every subcontract, or purchase order that said provisions will be binding upon each contractor, subcontractor, or supplier. 8. We, the undersigned, recognize that we are morally and legally committed to non -discrimination in employment. Any person who applies for employment with our company will not be discriminated against because of race, creed, color, sex, national origin, economic status, age, mental or physical disabilities. Signed:___________________________________ Appropriate Official ________________________________________________ Title ____________________________________ Date Page 148 of 273 NOTICE OF PUBLIC HEARING page 1 of 1 Designated PlayScape Area Page 149 of 273 NOTICE OF PUBLIC HEARING page 1 of 1 Play- Scape Area Page 150 of 273 PHELPS YOUTH PAVILION PLAYSCAPE PROJECT Bid Tab: February 1, 2018 Estimate: $75,000 Bidder Bid Security Bid Amount Atomic Themeworks Mfg, Inc. Surrey, BC CANADA Ck #542825 5% $74,995.00 KidsSteam Dallas, TX Invalid $75,000.00 Soft Play Huntersville, NC 5% $74,999.00 Page 151 of 273 CI TY OF WATER LOO Council Communication P urc hase of one (1) 4 W heel Drive C ompact P ic kup With C rew C ab City Council Meeting: 2/5/2018 Prepared: 1/28/2018 R EV I EWER S : Department R eviewer Action Date Traffic O perations Higby, N ancy Approved 1/30/2018 - 2:31 P M ATTA C H M EN TS: D escription Type Bids for Colorado C over M emo Bid document and specs B ackup Material S UB J E C T: Motion to rec eive and file proof of publication and notice of public hearing. HO LD HEAR I NG - No comments on file. Motion to c los e hearing and rec eive and file oral and written c omments . R esolution c onfirming approval of spec ifications, bid document, form of c ontract, etc . R esolution authorizing to proc eed. Motion to rec eive, file and instruc t the C ity C lerk to read bids. R esolution to award bid to Karl C hevrolet of Ankeny, Iowa in the amount of $26,322.30. S ubmitted by:S ubmitted By: S andie G rec o, Interim P ublic Works Director R ec ommended Ac tion:Approve motion. S ummary S tatement:R eplac ement for a truc k that was involved in an acc ident. Expenditure R equired:$25,000.00 S ource of F unds:S anitation F und - 525-15-5125-2117 P olic y Issue:S trategy 2,2 - Enlis t all C ity department and s taff members in efforts to promote a s afer c ommunity. Page 152 of 273 PURCHASE (1) 4WD COMPACT PICKUP WITH CREWCAB Bid Tab: January 25, 2018 Estimate: $25,000 Bidder Bid Amount Community Motors Co., Inc. Cedar Falls, IA $27,349.20 Jerry Roling Motors Waverly, IA $27,222.59 Rydell Chevrolet Waterloo, IA $27,289.80 Witham Auto Centers Waterloo, IA $27,713.00 Pat McGrath Chevyland Cedar Rapids, IA $26,517.00 Karl Chevrolet Ankeny, IA $26,322.30 Page 153 of 273 P a g e 1 5 4 o f 2 7 3 P a g e 1 5 5 o f 2 7 3 P a g e 1 5 6 o f 2 7 3 P a g e 1 5 7 o f 2 7 3 CI TY OF WATER LOO Council Communication R es olution approving a P rofessional S ervices Agreement with P ro West & As s ociates in the amount of $12,688.69 for completion of the road c enterline addres s ing layer for the C ity's G I S (G eographic Information S ystem) and authorize the Mayor to execute s aid doc ument. City Council Meeting: 2/5/2018 Prepared: 1/16/2018 R EV I EWER S : Department R eviewer Action Date I nformation Services Higby, N ancy Approved 1/25/2018 - 12:31 P M ATTA C H M EN TS: D escription Type Street Centerline Addressing Agreement B ackup Material S UB J E C T: R esolution approving a P rofes s ional S ervic es Agreement with P ro Wes t & Assoc iates in the amount of $12,688.69 for completion of the road c enter line addressing layer for the C ity's (G I S ) G eographic Information S ystem, and authorize the Mayor to execute s aid doc ument. S ubmitted by:S ubmitted By: C hris Youngblut, Tec hnology S ervices Director R ec ommended Ac tion:Approval S ummary S tatement: In Marc h of 2017 P ro Wes t G I S provided a final city-wide G I S needs assessment that was pres ented to C ity C ouncil. As part of the as s es s ment, updating and completing key G I S Datas ets was indic ated (page 55 of the assessment). O ne of the key pieces of the project was S treet C enterline Addressing. As indicated in the project sc ope, items to be c ompleted are: C leaning up road topology; verify and correc t road splitting; verify and c orrect road s egment directionality; add addres s range values to all required road s egments. Expenditure R equired:$12,688.69 S ource of F unds: F unding for this project will be s plit among several departments . Engineering, $1,268.87, 415-07-7830-2118 P &Z, $1,268.87, 416-08-5700-2111 Was te Mgmt, $1,268.87, 520-14-520-1520 Traffic , $1,268.87, 266-17-7102-1520 S anitation, $1,268.87, 525-15-5400-1516 Water Works , $1,268.87: 164-00-3023 MI S , $5,075.48 417-01-8225-2106 Page 158 of 273 Alternative:Do Not Approve Background Information: P ro West G I S has s pent a great deal of time reviewing our current G I S infras tructure and was res ponsible for the completion of the city wide G I S Needs Assessment in Marc h of 2017. T hy are most familiar with our current G I S Layers and we feel they c an provide us with the most ac curate and c omplete data for the bes t cost. Page 159 of 273 PROJECT ESTIMATE It’s important to know 8239 State 371 NW | PO Box 812 | Walker, MN 56484 PH 320.207.6868 | FX 320.207.6869 | www.prowestgis.com | consult@prowestgis.com City of Waterloo, IA Street Centerline Addressing Date: 1-12-18 Client: Chris Youngblut Add road centerline address ranges. Pro-West & Associates Project Manager: Kendis Scharenbroich Phone: 320-207-6861 Email: kscharen@prowestgis.com Client Project Manager: Ben Wagner Phone: 319-291-4312 Email: ben.wagner@waterloo-ia.org Project Schedule: To be completed within 3 months of signed contract. 1. Participate in conference calls and decision making regarding address range configuration 2. Maintain road data and address ranges after final product is delivered 3. Track road edits while PWA is updating data and perform edits when final data is delivered. 1. Road Centerline Updates a) Clean up road topology a. Must not Overlap (13) b. Must not Intersect (213) c. Must not Self-Overlap or Self-Intersect (10) d. Must be a single part (57) e. Must not have dangles (644) PROJECT DESCRIPTION DELIVERABLES PROJECT MANAGEMENT CLIENT RESPONSIBILITIES Page 160 of 273 2 i. Many of these will be false positives – but this is the best way to determine if road segments are truly connected at intersections (outside of a network). b) Verify and correct road splitting a. Make sure all road segments are split where needed (intersections and jurisdictions (if required) and not split where unwarranted (i.e. RR intersections). c) Verify and correct road segment directionality. a. Make sure all roads flow in the direction of increasing address range. d) Add address range values to all required road segments. a. City address ranges can be applied in two different ways; 1) Assign actual ranges (100 – 140) or 2) assign the full block range (100-199). i. PWA would discuss options prior to creating a. If actual ranges are used there is potential for an address not to be validated against the data. If a 142 address is entered it will not receive a match. But actual ranges will allow the geocoded address to correctly locate along the road segment. If full ranges are assigned all potential address for the 100 block would validate. But all geocoded address would located more towards the from end of the road segment. This location error seems minimal, once address points are developed they can be used to geocode as well, return an even more accurate XY value. b. Add Unique Identifier to each road segment c. Discrepancies will be flagged for the City to clean up after the project is finished Update Road Address Ranges $12,688.69 * Payment is due within 45 days of an invoice date. If payments are not received within 45 days of the invoice date, a late fee of 1.5% of the invoice amount will be charged for each 45 day cycle that the payment is late. ** 3% convenience fee will be added for payment by credit card COST ESTIMATE Page 161 of 273 3 To proceed with the described services in this estimate, please sign and date below and return to the Project Manager listed above. CLIENT Pro-West & Associates Acceptance Signature: Signature: ____________________________Date:________ ____________________________Date:_________ Estimate valid for 90 days Page 162 of 273 CI TY OF WATER LOO Council Communication R es olution approving an acquis ition c ontract with Jan Antonie Van Tonder and Heleen Van Tonder to receive a donated 9,380 square foot property, located southeas t of 1128 Was hington S treet (Highway 218), near the s outhwes t corner of Washington S treet and West 11th S treet, and authorize the Mayor and C ity C lerk to exec ute said document. City Council Meeting: 2/5/2018 Prepared: 1/31/2018 R EV I EWER S : Department R eviewer Action Date P lanning & Z oning S chroeder, Aric Approved 1/31/2018 - 11:09 AM C lerk O ffice Even, LeAnn Approved 1/31/2018 - 11:12 AM ATTA C H M EN TS: D escription Type Attachments - Van Tonder Acquisition C over M emo S UB J E C T: R esolution approving an ac quisition contrac t with Jan Antonie Van Tonder and Heleen Van Tonder to donate a 9,380 s quare foot property to the C ity of Waterloo, loc ated s outheast of 1128 Washington S treet (Highway 218), near the s outhwes t corner of Washington S treet and West 11th S treet, and authorize the Mayor and C ity C lerk to exec ute said document. S ubmitted by:S ubmitted By: Noel Anderson, C ommunity P lanning and Development Direc tor R ec ommended Ac tion:Approval S ummary S tatement: T his is a request to enter into an ac quisition contrac t with Jan Antonie Van Tonder and Heleen Van Tonder to rec eive property loc ated on the southeas t of 1128 Washington S treet along southbound Highway 218 for $0.00. T he selling party rec eived the property through a tax s ale deed in Augus t of 2008. T hey wish to donate the property to the C ity of Waterloo and they have paid all property taxes (s ee attac hed) due for S eptember 2017 and March 2018, with eac h tax ins tallment being $138.00, for a total of $276.00. Also, through doing a title opinion on the abs trac t the selling party provided, it was determined that there was an $85.00 lien, and that lien has now been satis fied (see attached). C urrently, there are hous es loc ated adjacent to the property, however, long term land us e for this area calls for "C ommerc ial", if more properties are ac quired in the future, this c ould be a good location for highway c ommercial development. Page 163 of 273 Expenditure R equired:$0.00 S ource of F unds:N/A P olic y Issue:Ac quisition of P roperty. Alternative:N/A Legal Desc riptions : Halloc k's P lat of O utlots, a part of Lot T hirteen (13) in the S outh part of the Wes t one-half (1/2) of the S outhwest quarter of S ec tion Twenty-five (25), Towns hip Eighty-nine (89), R ange T hirteen (13) des cribed as follows : C ommencing at a point on the S outherly line of Was hington S treet that is sixty-s even (67) feet S outheasterly of the Northerly corner of Lot T hirteen (13), thence S outheasterly along the S outherly line of Washington S treet a distanc e of s ixty-seven (67) feet, thenc e at right angles S outhwes terly a distanc e of one hundred forty (140) feet, thenc e Northwes terly along a line that is parallel with the S outherly line of Washington S treet a distanc e of sixty-s even (67) feet, thence at right angles Northeasterly a distanc e of one hundred forty (140) feet to the plac e of beginning Page 164 of 273 W . 1 1 T H S T L I N W O O D A V E W . 9 T H S T SOUTH STHAMMOND A V E £¤218 £¤218 WASHINGTON ST WASHINGTON ST /City of Waterloo, IowaNote: 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 10050Feet Property in Question67 'x 140' (9,380 SF)Zoned "R-4" Page 165 of 273 P a g e 1 6 6 o f 2 7 3 P a g e 1 6 7 o f 2 7 3 P a g e 1 6 8 o f 2 7 3 P a g e 1 6 9 o f 2 7 3 P a g e 1 7 0 o f 2 7 3 P a g e 1 7 1 o f 2 7 3 P a g e 1 7 2 o f 2 7 3 CI TY OF WATER LOO Council Communication R es olution approving C onvention and Visitors Bureau Board rec ommendation for funding a hotel/motel Mini- G rant application for the F irs t R obotic s C ompetition Iowa R egional, in the amount of $2,438.40. City Council Meeting: 2/5/2018 Prepared: 1/31/2018 R EV I EWER S : Department R eviewer Action Date C lerk O ffice Even, LeAnn Approved 1/31/2018 - 10:09 AM ATTA C H M EN TS: D escription Type H otel/M otel M ini G rant Application B ackup Material S UB J E C T: R esolution approving C onvention and Vis itors Bureau Board rec ommendation for funding a hotel/motel Mini-G rant application for the F irst R obotics C ompetition Iowa R egional, in the amount of $2,438.40. S ubmitted by:S ubmitted By: Tavis Hall, Waterloo C onvention and Visitors Bureau R ec ommended Ac tion:Approve rec ommendation. S ummary S tatement: T his 3-day event brings robotic s teams from across the state, c ountry, and even a few teams from outs ide of the United S tates . Teams c ompete agains t eac h other in an annual c hallenge game, whic h is different every year. 2018 has 61 regis tered teams, up from 54 in 2017. Each team is comprised of 25 student partic ipants and 5 mentors. Additionally, parents and friends also attend the event, totaling 2,500 attendees . O nly 5 of the 61 teams are within 50 miles of Black Hawk C ounty. Expenditure R equired:$2,438.40 S ource of F unds:F Y 18 Mini-grant funds . P olic y Issue:None Alternative:Do not fund. Background Information: P rojec ted R oom Nights : 240 projec ted room nights. T his is only Waterloo's portion of the event's overall room nights, as it is hos ted in C edar F alls. W hile the event is held in C edar F alls, Waterloo s ees an ec onomic impac t due to the event generating more rooms than C edar F alls hotels c an ac commodate, this filling rooms in Waterloo. Page 173 of 273 Page 174 of 273 Page 175 of 273 Page 176 of 273 Page 177 of 273 Page 178 of 273 Page 179 of 273 Page 180 of 273 CI TY OF WATER LOO Council Communication An ordinance amending O rdinanc e No. 5079, as amended, C ity of Waterloo Zoning O rdinanc e, by amending the O fficial Zoning Map referred to in S ec tion 10-4-4, approving a rezone of c ertain property, located at and adjacent to 200 Nevada S treet. City Council Meeting: 2/5/2018 Prepared: 1/17/2018 R EV I EWER S : Department R eviewer Action Date P lanning & Z oning S chroeder, Aric Approved 1/17/2018 - 11:08 AM C lerk O ffice Even, LeAnn Approved 1/17/2018 - 12:45 P M ATTA C H M EN TS: D escription Type Attachements - 200 Nevada St R ezone A1 to M1 C over M emo L egal Description B ackup Material S UB J E C T: Motion to rec eive, file, c onsider, and pas s for the sec ond time an ordinance amending O rdinance No. 5079, as amended, C ity of Waterloo Zoning O rdinance, by amending the O ffic ial Zoning Map referred to in S ection 10- 4-4, approving a rezone of c ertain property, located at and adjac ent to 200 Nevada S treet. Motion to sus pend the rules . Motion to c onsider and pas s for the third time and adopt s aid ordinanc e. S ubmitted by:S ubmitted By: Noel Anderson, C ommunity P lanning and Development Direc tor R ec ommended Ac tion:Approval Trans mitted herewith is a request by Black Hawk Economic Development, Inc . to rezone approximately 3.49 ac res of land from "A-1" Agric ultural District to "M-1" Light Industrial District, located at and adjac ent to 200 Nevada S treet. T he applicant is reques ting to rezone the properties in ques tion to an industrial zoning to make exis ting indus trial uses a permitted us e and to allow for the expansion of existing us es and future industrial development. Ac cess to the areas in question can be gained from Dunham P lace and Nevada S treet, whic h both are classified as Loc al S treets. T hos e two s treets c onnect with Lafayette S treet to the north, which is classified as a Minor Arterial. Acc es s c an als o be gained from R ath S treet, whic h is Loc al S treet from Vinton S treet to the wes t, whic h is c las s ified as a Minor Arterial. T he area in ques tion is located within the Zone-X, 500 Year F loodplain, protected by the flood c ontrol levee, as indicated by the F ederal Insuranc e Page 181 of 273 S ummary S tatement:Adminis tration's F lood Insuranc e R ate Map, C ommunity Number 190025 and P anel Number 0302F, dated July 18, 2011. T here are many indus trial busines s es loc ated within the “A-1” Agric ultural District and many of these busines s es want to expand or have expanded in the pas t. G E R ailcar, located at 200 Nevada S treet has done expans ions in the recent pas t, however, since they are in the “A-1” Agric ultural Dis tric t and c onsidered a legal non-c onforming use, they have had to go through the varianc e approval proc es s before the Board of Adjus tment to allow for the expansion of a legal non-c onforming use. T hos e particular varianc e reques ts for expans ion were approved by the Board of Adjus tment. T he exis ting railc ar us e would be a permitted us e within the “M-1” Light Indus trial District. R ezoning the areas in ques tion would allow for exis ting busines s es to expand without the need to go through a varianc e review process and make them permitted uses and open up new ground for indus trial development. Expenditure R equired:N/A S ource of F unds:N/A P olic y Issue:Land Use and Economic Development. Alternative:N/A Background Information: T his area c urrently has a large number of indus trial uses in the area that are zoned "A-1" Agric ultural Dis tric t and rezoning the land will avoid the need to apply for a varianc e through the Board of Adjustment to expand a legal non- c onforming use, and it will allow for new development to oc cur in the area. Legal Desc riptions :S ee Attac hed Page 182 of 273 December 5, 2017 200 Nevada St and Adj Land – A1 to M1 Page 1 of 3 REQUEST: Request by Black Hawk Economic Development, Inc. to rezone approximately 3.49 acres from “A-1”Agricultural District to “M-1” Light Industrial District, generally located in close proximity and along the railroad at 200 Nevada Street and four adjacent parcels. APPLICANT: Black Hawk Economic Development, Inc., 1001 Peoples Square, Waterloo, IA 50702. GENERAL DESCRIPTION: The applicant is requesting to rezone the properties in question to an industrial zoning to make existing industrial uses a permitted use and to allow for the expansion of existing uses and future industrial development. IMPACT ON NEIGHBORHOOD & SURROUNDING LAND USE: The request would not appear to have a negative impact upon the surrounding neighborhood and land use since the area is mostly comprised of industrial uses. There are some residences mixed in with the industrial uses in the vicinity just to the north of the railroad tracks. VEHICULAR & PEDESTRIAN TRAFFIC CONDITIONS: Access to the areas in question can be gained from Dunham Place and Nevada Street, which both are classified as Local Streets. Those two streets connect with Lafayette Street to the north, which is classified as a Minor Arterial. Access can also be gained from Rath Street, which is Local Street from Vinton Street to the west, which is classified as a Minor Arterial. RELATIONSHIP TO RECREATIONAL TRAIL PLAN AND COMPLETE STREETS POLICY: The Cedar Valley Lakes Trail is located just south of the areas in question along the north side of the Cedar River. There are no sidewalks within the immediate vicinity and this area may not be well suited for sidewalks due to existing industrial development and unimproved streets in the area. However, if the streets were reconstructed, a potential could exist to extend sidewalks if need be, and that would appear to meet the Complete Streets Policy. ZONING HISTORY FOR SITE AND IMMEDIATE VICINITY: The area in question is zoned “A-1 Agricultural District and has been zoned as such since June of 1998 after it was rezoned from “U-1” Unclassified District, which is a zoning district that no longer exists. Surrounding land uses and their zoning are as follows: North – Predominately industrial uses with some residential uses, , zoned “M-1” Light Industrial District. South – Cedar River, zoned “A-1” Agricultural District. East – Existing industrial uses and vacant development ground, zoned “M-1” Light Industrial District. West – Existing industrial uses, zoned “M-1” Light Industrial District and “A-1” Agricultural District. DEVELOPMENT HISTORY: The area is comprised of industrial and residential development, which was constructed in the early 1900s to the 1950s. 14Page 183 of 273 December 5, 2017 200 Nevada St and Adj Land – A1 to M1 Page 2 of 3 BUFFERS/ SCREENING REQUIRED: No buffers would be required as a part of this rezoning request. DRAINAGE: The rezoning request would not appear to have a negative impact upon drainage in the area, however, if new development occurs, it will be required to submit a storm water detention plan to the Engineering Department for review during the permit process. FLOODPLAIN: The area in question is located within the Zone-X, 500 Year Floodplain, protected by the flood control levee, as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 190025 and Panel Number 0302F, dated July 18, 2011. PUBLIC /OPEN SPACES/ SCHOOLS: There are no schools located within the immediate area of the rezone areas, and the Cedar River is located just to the south of the area in question. UTILITIES: WATER, SANITARY SEWER, STORM SEWER, ETC: There is no storm sewer within the area. There is a 54” sanitary sewer located to the south along the north side of the Cedar River. There is a 36” sanitary sewer in Nevada Street that travels southward and connects into the 54” sanitary sewer along the river. RELATIONSHIP TO COMPREHENSIVE LAND USE PLAN: The Future Land Use Map designates this area as Industrial, and the proposed rezone request would appear to be in conformance with the Future Land Use Map and Comprehensive Plan for this area. STAFF ANALYSIS – ZONING ORDINANCE: The areas in question are zoned “A-1” Agricultural District, however, there are multiple existing industrial uses that are considered legal non-conforming uses, and this area is comprised mostly of industrial development. The area was originally zoned as “U-1” Unclassified District, which was a zoning district commonly used for floodplain areas before the flood control levees were constructed in the 1960s and 1970s. The areas zoned “U-1” Unclassified District were discouraged from having new development occur within the floodplain. Due to the levees being in place, the area is protected by the flood control levee system and is not located within a regulated floodplain. In 1998, the “U-1” Unclassified District was eliminated from the Zoning Ordinance and all areas zoned as such were rezoned to “A-1” Agricultural District. There are many industrial businesses located within the “A-1” Agricultural District and many of these businesses want to expand or have expanded in the past. GE Railcar, located at 200 Nevada Street has done expansions in the recent past, however, since they are in the “A-1” Agricultural District and considered a legal non- conforming use, they have had to go through the variance approval process before the Board of Adjustment to allow for the expansion of a legal non-conforming use. Those particular variance requests for expansion were approved by the Board of Adjustment. The existing railcar use would be a permitted use within the “M-1” Light 15Page 184 of 273 December 5, 2017 200 Nevada St and Adj Land – A1 to M1 Page 3 of 3 Industrial District. Rezoning the areas in question would allow for existing businesses to expand without the need to go through a variance review process and make them permitted uses and open up new ground for industrial development. STAFF ANALYSIS – SUBDIVISION ORDINANCE: There is no platting requested with this item. STAFF RECOMMENDATION: Therefore, staff recommends that the request to rezone approximately 3.49 acres land from “A-1” Agricultural District to “M- 1” Light Industrial District generally located along the railroad tracks at 200 Nevada Street and four adjacent parcels, be approved for the following reasons: 1. The request would not appear to have a negative impact on the surrounding area. 2. The request would not appear to have a negative impact upon pedestrian and traffic conditions within the surrounding area. 3. The request is in conformance with the Future Land Use Map and Comprehensive Plan for this area, which designates this area as Industrial. 4. Rezoning the land to an industrial district will allow for the expansion of existing businesses without the need for variance review, as well as make the area suitable for new light industrial uses. 16Page 185 of 273 A-1 R-2 M-1 R-2 M-1 R-3 M-1 M-1 C-2 R-3 C-1 M-2 C-2 M-2 R-3 C-2 C-2 C-1 C-2 M-2 M-1 M-1 C-1 R-3 R-2,C-Z R-1,R-P C-1 R-2,C-Z R-4,R-P M-1 C-1,C-Z M-1 R-1,R-P C-1,C-Z C-2,C-Z R-3,C-Z R-2,C-Z R-2,C-Z C-P City of Waterloo Planning, Programming and Zoning CommissionDecember 5, 2017 200 Nevada StreetRezone A-1 to M-1Black Hawk Economic Devlopment,Inc.1,000 0 1,000500Feet µ ^ 17Page 186 of 273 WATER ST IN D I A N A S T EIGHMEY ST NE V A D A S T GL E N D A L E S T HOGL E S T DU N H A M P L CO L O R A D O S T LAFA Y E T T E S T N E V A D A S T NE V A D A S T GL E N D A L E S T IN D I A N A S T EIGHMEY ST DU N H A M P L 200 Nevada Street Cedar River City of Waterloo Planning, Programming and Zoning CommissionDecember 5, 2017 200 Nevada StreetRezone A-1 to M-1Black Hawk Economic Devlopment,Inc.250 0 250125Feet µ LegendRezoneArea 18Page 187 of 273 WATER ST IN D I A N A S T EIGHMEY ST NE V A D A S T GL E N D A L E S T HOGL E S T DU N H A M P L CO L O R A D O S T LAFA Y E T T E S T N E V A D A S T NE V A D A S T GL E N D A L E S T IN D I A N A S T EIGHMEY ST DU N H A M P L A-1 M-1 R-2 C-1 C-1,C-ZC-1 Cedar River City of Waterloo Planning, Programming and Zoning CommissionDecember 5, 2017 200 Nevada StreetRezone A-1 to M-1Black Hawk Economic Devlopment,Inc.250 0 250125Feet µ LegendRezoneArea 19Page 188 of 273 2 0 P a g e 1 8 9 o f 2 7 3 Rezoning Request – 200 Nevada Street and Adjacent Properties 200 Nevada Street. Looking north from 200 Nevada Street at where Nevada Street enters the site. Looking south from the end of Nevada Street. The area on the right is requested to be rezoned. Looking northwest from 200 Nevada Street at one of the parcels requested to be rezoned. 21Page 190 of 273 Legal Description – 200 Nevada Street parcels Lots Nos. 1 and 2 in Block No. 5 in “Eighmey’s Out Lots” Waterloo, Iowa, except the right of way of the Illinois Central Railroad Company conveyed by Warranty Deeds recorded in Town Lot Deed Records 120, page 431 and 132, page 158 of the records of Black Hawk County, Iowa. The South 50 feet of Lot No. 4 in Block No. 4 in “Eighmey’s Out Lots” Waterloo, Iowa, except the right of way of the Illinois Central Railroad Company conveyed by Warranty Deed recorded in Town Lot Deed Record 132, page 157 of the records of Black Hawk County, Iowa. That part of vacated Dewar Street in “Eighmey’s Out Lots” Waterloo, Iowa, bounded as follows: Beginning at the Southwest corner of Block No. 4 in said Out Lots; Thence East along the South line of said Block to a point that is 135 feet West of the Southeast corner of said Block; Thence Southeasterly to a point in the North line of Block No. 6 in said Out Lots that is 50 feet West of the Northeast corner of said Block; Thence West along the North line of said Block to the Northwest corner of said Block; Thence North to the point of beginning. Lots Nos. 1 and 11 in Block No. 6 in “Eighmey’s Out Lots” Waterloo, Iowa, except the right of way of the Illinois Central Railroad Company conveyed by Warranty Deed recorded in Town Lot Deed Record 132, Page 158 of the records of Black Hawk County, Iowa, and except that part of Lot No. 11 conveyed to the City of Waterloo, Iowa, by Warranty Deed recorded in City Lot Deed Record 587, at page 29 of the records of Black Hawk County, Iowa. Lots Nos. 2 and 14 in Block No. 7 in “Eighmey’s Out Lots” Waterloo, Iowa, except the right of way of the Illinois Central Railroad Company conveyed by Warranty Deed recorded in Town Lot Deed Record 132, Page 158 of the records of Black Hawk County, Iowa and except that part of Lots Nos. 2 and 14 conveyed to the City of Waterloo, Iowa, by Quit Claim Deed recorded in City Lot Deed Record 587, at page 29 of the records of Black Hawk County, Iowa. All that part of Lot 3, Block 3, and Lot 3, Block 4, in Cotton’s Addition and all that part of vacated Indiana Street, in the City of Waterloo, Black Hawk County, Iowa, lying within the following described boundary: Beginning at the Northwest Corner of said Lot 3, Block 3; Thence East to the Northeast corner of said Lot 3, Block 4; Thence South along the East line of Lot 3 in said Block 4 a distance of 15.0 feet; Thence Southwesterly to a point on the West line of Lot 3 in said Block 4, which point is 45.0 feet South of the Northwest corner of Lot 3 in said Block 4; Thence Southwesterly to a point on the East line of Lot 3 in said Block 3, which point is 73.0 feet South of the Northeast corner of Lot 3 in said Block 3; Thence West parallel with the North line of Lot 3 in said Block 3 to the West line of Lot 3 in said Block 3; Thence North to the Point of Beginning. Page 191 of 273 That part of Lot Eleven (11), Auditor Rainbow’s Consolidated Plat, Black Hawk County, Iowa, described as follows: Commencing at a point on the Westerly line of Dunham Place at the intersection of the Southerly line of the Chicago Central and Pacific Railroad Company, formerly the Dubuque and Sioux City Railroad, extended; Thence S71°31’46”E Fifty-two and Seventy-two Hundredths (52.72) feet along said Southerly line to the Point of Beginning of this description; Thence continuing along said Southerly line S71°31’46”E Two Hundred Ninety-eight and Eighteen Hundredths (298.18) feet to a point on the East line of said Lot Eleven (11); Thence S00°08’10”E Eighty-four and Forty-one Hundredths (84.41) feet along said East line; Thence N56°03’48”W Seventy-five and no Hundredths (75.00) feet to a point which is Sixty and no Hundredths (60.00) feet normally distant from said Southerly line of the Chicago Central and Pacific Railroad Company; Thence N71°31’46”W Two Hundred Forty-one and Eighty-six Hundredths (241.86) feet along a line parallel to and Sixty and no Hundredths (60.00) feet normally distant from said Southerly line of the Chicago Central and Pacific Railroad Company, to a point on the Southeasterly line of a parcel described in the Warranty Deed of Town Lot Deed Record One Hundred Forty-six (146) at page Eight (8); Thence N08°06’29”E Sixty and Ninety-nine Hundredths (60.99) feet along said Southeasterly line to the Point of Beginning. Page 192 of 273 CI TY OF WATER LOO Council Communication An ordinance adopting the Waterloo, Iowa Airport Land Use and Height O verlay Zoning O rdinanc e, regulating height and us e restrictions in the vicinity of the airport to avoid airport hazards . City Council Meeting: 2/5/2018 Prepared: 1/17/2018 R EV I EWER S : Department R eviewer Action Date P lanning & Z oning S chroeder, Aric Approved 1/17/2018 - 10:50 AM C lerk O ffice Even, LeAnn Approved 1/17/2018 - 12:35 P M ATTA C H M EN TS: D escription Type P roposed Waterloo Airport Z oning O rdinance B ackup Material Airport Zoning M ap B ackup Material Airport Ordinance Development Overview B ackup Material E xisting Waterloo Airport Z oning O rdinance (1956)B ackup Material S UB J E C T: Motion to receive, file, c o nsider, and pas s for the s econd time an ordinanc e adopting the Waterlo o , Iowa Airp o rt Land Us e and Height O verlay Zoning O rdinance, regulating height and use res tric tions in the vic inity o f the airport to avoid airport hazards . Motion to sus pend the rules . Motion to c onsider and pas s for the third time and adopt s aid ordinanc e. S ubmitted by:S ubmitted By: Aric S c hroeder, C ity P lanner R ec ommended Ac tion:Approval S ummary S tatement: O n O c tober 23, 1956 the C ity of Waterloo adopted O rdinance No. 2059, and the C ity of C edar F alls and Blac k Hawk C ounty took similar action to adopt the Waterloo Municipal Airport Zoning O rdinance, regulating height and us e restrictions in the vicinity of the airport to avoid airport hazards . T he O rdinanc e has exis ted unchanged since adoption in 1956. T he Iowa Department of Transportation O ffice of Aviation manages all airports in Iowa, and developed a guidebook for model Airport Zoning O rdinances, and made grant funding available for Iowa As s ociation of R egional C ouncils to develop and have adopted new updated Airport Zoning O rdinances c onsistent with the s tate model ordinance. T he C ity of Waterloo was awarded grant funding for I NR C O G to perform the ordinanc e update for the Waterloo R egional Airport, which includes affec ted lands within the C ity of Waterloo, the C ity of C edar F alls , and uninc orporated areas of Blac k Hawk C ounty. Attac hed is the propos ed ordinanc e to be adopted. T he ordinanc e has already been adopted by the C ity of C edar F alls and Blac k Hawk C ounty. Page 193 of 273 Expenditure R equired: No expenditure is required for adoption of the O rdinanc e. T he C ity of Waterloo previous ly s ubmitted, rec eived, and ac cepted a grant, whic h had a loc al match of $1,320, which will be s plit equally between the three juris dictions, putting the C ity of Waterloo expenditure required as $440. S ource of F unds:Airport funds P olic y Issue:Zoning O rdinance Page 194 of 273 1 ORDINANCE NUMBER ____ WATERLOO, IOWA AIRPORT LAND USE AND HEIGHT OVERLAY ZONING ORDINANCE WATERLOO REGIONAL AIRPORT, WATERLOO, IOWA Preamble BE IT ORDAINED BY THE CITY COUNCIL, OF THE CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA: THIS IS AN ORDINANCE REPEALING THE WATERLOO MUNICIPAL AIRPORT ZONING RESOLUTION AND ORDINANCE OF THE CITY OF WATERLOO, IOWA, INCLUDING THE AIRPORT ZONING MAP, AND ALL OF THE AMENDMENTS THERETO: AND ENACTING IN LIEU THEREOF AS NEW ORDINANCE NUMBER ___, THE CITY OF WATERLOO, IOWA AIRPORT ZONING ORDINANCE INCLUDING THE AIRPORT LAND USE AND HEIGHT ZONING MAP AND SHALL BE INTEGRATED INTO THE WATERLOO CITY CODE OF ORDINANCES. ORDINANCE NUMBER ___ IS AN ORDINANCE CREATED FOR THE PURPOSE OF PROTECTING HEALTH, WELFARE, AND PUBLIC SAFETY WITHIN A SPECIFIC AREA IN PROXIMITY TO THE WATERLOO, IOWA REGIONAL AIRPORT. Section 1 –Introduction This ordinance shall regulate and restrict the height of structures, objects, and growth of natural vegetation, as well as land uses; otherwise regulating the use of property, within the vicinity of the Waterloo Regional Airport. Creation of appropriate zones and establishing the boundaries thereof, as well as providing for changes in the restrictions and boundaries of such zones is vested in this Ordinance. The Waterloo Regional Airport Land Use and Height Zoning Maps are incorporated into and made part of this Ordinance. The Ordinance also provides for the enforcement of the Ordinance, the recognition of Board of Adjustment; and imposition of penalties related to the implementation of this Ordinance. Section 2 – Authority Iowa Code Section 329.3 Airport Zoning empowers local municipalities to zone airports including height restrictions and land uses. Section 3 – Statement of Purpose and Findings The Waterloo Regional Airport (hereafter referred to as “the Airport”) is acknowledged as an essential public facility to the State of Iowa and the local community. The creation or establishment of an airport hazard is a public nuisance and poses a potential concern to the surrounding communities served by the Airport. There shall be no creation or establishment of a hazard that endangers the public health, safety, welfare, and impact an individual’s quality of life, nor prevent the safe movement of aircraft at the Airport. For the protection of the public health, safety, and general welfare, and for the promotion of the most appropriate use of land, it is necessary to prevent the creation or establishment of airport hazards. The prevention of airport hazards shall be accomplished, to the extent legally possible, by proper exercise of the police power. The prevention of new airport hazards, and the elimination, removal, alteration, mitigation, or marking and lighting of existing airport hazards, are considered to be a public purpose for which the City of Cedar Falls, City of Waterloo, and Black Hawk County may raise and expend public funds, as an incident to the operation of airports, to acquire or property interest th erein. Page 195 of 273 2 Section 4 – Short Title This Ordinance shall be known and may be cited as the Airport Ordinance, and it is referred to as “the Ordinance” within the following sections. Section 5 – Applicability This Ordinance encompasses a general area around the Airport. Specific dimensions associated with the zoning boundary are shown in the Airport Land Use and Height Zoning Maps. Section 6 – Definitions The following definitions shall be utilized for terms as appropriate to the Ordinance. 1. Air Traffic (FAA FAR Sec. 1.1) – Aircraft operating in the air or on an airport surface, exclusive of loading ramps and parking areas. 2. Airport (FAA FAR Sec. 152.3) – Any areas of land or water that is used, or intended for us e, for the landing and takeoff of aircraft. Any appurtenant areas that are used, or intended for use, for airport buildings, other airport facilities, or rights -of-way; and all airport buildings and facilities located on the areas specified in this definit ion. 3. Airport Elevation (FAA AC 150/5190-4A) – The highest point on an airport’s usable landing area measured in feet from sea level. 4. Airport Environs – The land use and people in the areas surrounding an airport which can be directly affected by the operation of the airport. 5. Airport Hazard (FAA FAR Sec. 152.3) – Any structure or object of natural growth located on or in the vicinity of a public airport, or any use of land near a public airport that obstruct the airspace required for the flight of aircraft landing or taking off at the airport; or is otherwise hazardous to aircraft landing or taking off at the airport. 6. Airport Layout Plan (ALP) (FAA FAR Sec. 152.3) – The plan of an airport showing the layout of existing and proposed airport facilities. 7. Airport Overlay Zones – A zone intended to place additional land use conditions on land impacted by the airport while retaining the existing underlying zone . The FAR Part 77 Surfaces and RPZs have been combined to create five airport overlay zones. The five specific zones create a comprehensive area focused on maintaining compatible land use around airports. a. Zone A – is intended to provide a clear area that is free of above ground obstructions and structures. This Zone is closest to the individual runway ends. b. Zone B – is a critical overlay surface that reflects the approach and departure areas for each runway at an airport. The size of Zone B is predicated up on the type of approach (visual, non-precision, or precision) that a specific runway has and the type/size of aircraft utilizing the runway. c. Zone C – includes those areas that are parallel to the runway pavement and extend 1,050 feet from the edge of the primary surface. d. Zone D – is typically elliptical in shape, depending upon the runway types and configurations at an individual airport. Page 196 of 273 3 e. Zone E – is the outermost zone of the overlay areas and has the least number of land use restriction considerations. The zone begins at the edge of the horizontal surface and is 4,000 feet in width paralleling the horizontal surface. 8. Airport Reference Code (ARC) – The ARC is an FAA coding system used to relate airport design criteria to the operational and physical characteristics of the airplanes intended to operate at the airport. 9. Airport Reference Point (ARP) (FAA AC 150/5300-13) – The latitude and longitude of the approximate center of the airport. 10. Airport Zoning Permit – Airport zoning permit allowing new development or alteration or expansion of a nonconforming use. 11. Airside – That portion of the airport facility where aircraft movements take place, airline operations areas, and areas that directly serve the aircraft, such as taxiway, runway, maintenance and fueling areas. 12. Airspace – The space lying above the earth or above a certain area of land or water that is necessary to conduct aviation operations. 13. Approach and Runway Protection Zone Map – The Approach and Runway Protection Zone Map is compiled from the criteria in FAR Part 77, “Objects Affecting Navigable Airspace.” It shows the area affected by the Airport Overlay Zoning Ordinance and includes the layout of runways, airport boundaries, elevations, and area topography. Applicable height limitation areas are shown in detail. 14. Approach Slopes (FAA Part 77) – The ratios of horizontal to vertical distance indicating the degree of indication of the Approach Surface. The various ratios include: a. 20:1 – For all utility and visual runways extended from the primary surface a distance of 5,000 feet. b. 34:1 – For all non-precision instrument runways extended from the primary surface for a distance of 10,000 feet. c. 50:1/40:1 – For all precision instrument runways extending from the primary surface for a distance of 10,000 feet at an approach slope of 50:1 and an additional 40,000 feet beyond this at a 40:1 Approach Slope. 15. Approach Surface (FAA AC 150/5190-4A) – A surface longitudinally centered on the extended runway centerline, extending outward and upward from the end of the primary surface and at the same slope as the approach zone height limitation slope set forth in this Ordinance. In plan the perimeter of the approach surface coincides with the perimeter of the approach zone. 16. Avigation Easement – A grant of a property interest in land over which a right of unobstructed flight in the airspace is established. 17. Building Codes – Codes, either local or state, that control the functional and structural aspects of buildings and/or structures. Local ordinances typically require proposed buildings to comply with zoning requirements before building permits can be issued under the building codes. Page 197 of 273 4 18. Commercial Uses – Commercial uses means a use category including land uses or activities involving the production, processing, manufacturing, or sale of goods or services for financial gain, including uses that provide merchandise to the general public. Accessory uses may include offices, storage, food service, or other amenities primarily for the use of employees and parking. 19. Compatibility – The degree to which land uses or types of development can coexist or integrate. 20. Easement (FAA AC 5020-1) – The legal right of one party to use a portion of the total rights in real estate owned by another party. This may include the right of passage over, on, or below property; certain air rights above the property, including view rights; and the rights to any specified form of development or activity, as well as any other legal rights in the property that may be specified in the easement document. 21. Federal Aviation Administration (FAA) – A federal agency charged with regulating air commerce to promote its safety and development; encourage and develop civil a viation, air traffic control, air navigation; and promoting the development of a national system of airports. 22. Federal Aviation Regulations (FAR) – Regulations established and administered by the FAA that govern civil aviation and aviation-related activities. a. FAR Part 36 (FAA FAR Sec. 36.1) – Regulation establishing noise standards for the civil aviation fleet. b. FAR Part 91 (FAA FAR Sec. 91.1) – Regulation pertaining to air traffic and general operating rules, including operating noise limits. c. FAR Part 150 (FAA FAR Sec. 150.1) – Regulation pertaining to airport noise compatibility planning. d. FAR Part 161 (FAA FAR Sec. 161.1) – Regulation pertaining to notice and approval of airport noise and access restrictions. e. FAR Part 77 (FAA FAR Sec. 77.1) – Objects Affecting Navigable Airspace – Part 77 (a) establishes standards for determining obstructions in navigable airspace; (b) defines the requirements for notice to the FAA Administrator of certain proposed construction or alteration; (c) provides for aeronautical studies of obstructions to air navigation to determine their effect on the safe and efficient use of airspace; (d) provides for public hearings on the hazardous effect of proposed construction or alteration on air navigation; and (e) provides for establishing antenna farm areas. 23. General Aviation Airport – Any airport that is not an air carrier or a military facility. 24. Height – Height is utilized for the purpose of determining the height limits in all zones set forth in this Ordinance and shown on the Official Airport Land Use and Height Zoning Map; height shall be measured as the highest point of a structure, tree, or other object of natural growth, measured from the mean sea level elevation unless otherwise specified. 25. Hold Harmless Agreement – An agreement which holds airport sponsors or jurisdictions harmless for alleged damages resulting from airport operations. Such agreements are recorded in deeds or permits as a condition of approval of a regulatory land use decision. 26. Industrial, Wholesale Trade, and Storage Uses – A use category including the following use types: Page 198 of 273 5 a. Industrial development or uses involved in the research, design, manufacturing, processing, fabrication, packaging, or assembly of goods. Natural, man-made, raw, secondary, or partially completed m aterials may be used. Products may be finished or semi-finished and are generally made for the wholesale market, for transfer to other plants, or to order for firms or customers. Goods are generally not displayed or sold on site, but if so, they are a subordinate part of sales (typically 10% or less of the total gross floor area). Relatively few customers come to the site. b. Industrial, manufacturing, wholesale trade, and warehouse/storage uses including uses that produce goods from raw or finished materials, uses that distribute goods in large quantities to primarily wholesale customers, or provide for storage or warehousing of goods, either in enclosed buildings or outdoors. Few customers, especially the general public, come to the site. Accessory activities may include sales, offices, parking, and storage. 27. Imaginary Surfaces (FAA FAR Part 77.25) – Those areas established in relation to the airport and to each runway consistent with FAR Part 77 in which any object extending above these imaginary surface, by definition, is an obstruction. a. Transitional Surface – The transitional surface extends outward and upward at right angles to the runway centerline and extend at a slope of seven feet horizontally for each one foot vertically (7:1) from the sides of the pri mary and approach surfaces. The transitional surfaces extend to the point at which they intercept the horizontal surface at a height of 150 feet above the established airport elevation. b. Horizontal Surface – The horizontal surface is a horizontal plane located 150 feet above the established airport elevation and encompasses an area from the transitional surface to the conical surface. The perimeter is constructed by generating arcs from the center of each end of the primary surface and connecting the adjacent arcs by lines tangent to those arcs. c. Conical Surface – The conical surface extends upward and outward from the periphery of the horizontal surface at a slope of 20 feet horizontally for every one foot v ertically (20:1) for a horizontal distance 4,000 feet. d. Approach Surface – The approach surface is longitudinally centered on the extended runway centerline and extends outward and upward from the end of the runway primary surface. The approach slope of a runway is a ratio of 20:1, 34:1, or 50:1, depending on the approach type. The length of the approach surface varies from 5,000 to 50,000 feet and also depends upon the approach type. 28. Incompatible Land Use (FAA FAR Sec. 150.7) – The use of land which is norm ally incompatible with the aircraft and airport operations (such as, but not limited to, homes, schools, nursing homes, hospitals, and libraries). 29. Itinerant Operation (FAA AC 150/5325-4B) – Takeoff or landing operations of airplanes going from one airport to another airport that involves a trip of at least 20 miles. Local operations are excluded. 30. Land Use Compatibility – The coexistence of land uses surrounding the airport with airport-related activities. Page 199 of 273 6 31. Lighting and Marking of Hazards to Air Navigation – Installation of appropriate lighting fixtures, painted markings or other devices to such objects or structures that constitute hazards to air navigation. 32. Mitigation – The avoidance, minimization, reduction, elimination or compensation for adverse environmental effects of a proposed action. 33. Navigation Aids (NAVAID) – Any facility used by an aircraft for guiding or controlling flight in the air or the landing or takeoff of an aircraft. 34. Navigable Airspace – The airspace above minimum altitude for safe flight, and includes the airspace needed to ensure safety in takeoff and landing of aircraft. 35. Noise Exposure Contours – The lines drawn around a noise source indicating constant energy levels of noise exposure. For this ordinance, day-night average sound levels (DNL), which averages noise level over a 24-hour period of time, will be used as the measure to describe community exposure to noise. 36. Noise Impact – A condition that exists when the noise levels that occur in an area exceed a level identified as appropriate for the activities in that area. 37. Noise Sensitive Area (FAA AC 91-36D) – Defined as an area where noise interferes with normal activities associated with the area’s use. Examples of noise-sensitive areas include residential, educational, health, and religious structures and sites, and parks, recreational areas (including areas with wilderness characteristics), wildlife refuges, and cultural and historical sites where a quiet setting is a generally recognized feature or attribute. 38. Non-Conforming Use – Any pre-existing structure, tree, or use of land that is inconsistent with the provisions of the local land use or airport master plans. 39. Object (FAA AC 150/5300-13) – Includes, but is not limited to above ground structures, NAVAIDs, people, equipment, vehicles, natural growth, terrain, and parked aircraft. 40. Obstacle Free Zone (OFZ) (FAA 150/5300-13) – The OFZ is the airspace below 150 feet above the established airport elevation and along the runway and extended runway centerline that is required to be clear of all objects, except for the frangible visual NAVAIDs that need to be located in the OFZ because of their function, in order to provide clearance protection for the aircraft landing or taking off from the runway, and for missed approaches. 41. Obstruction (FAA AC 150/5190-4A) – Any structure, growth, or other object, including a mobile object, which exceeds a limiting height, specific to its geographic location relative to the runway/airport. 42. Off-Airport Property – Property that is beyond the boundary of land owned by the airport sponsor. 43. On-Airport Property – Property that is within the boundary of land owned by the airport sponsor. 44. Overlay Zone – A mapped zone that imposes a set of requirements in addition to those of the underlying zoning district. 45. Primary Surface (FAA AC 150/5190-4A) – A surface longitudinally centered on a runway. When the runway has a specially prepared hard surface, the primary surface extends 200 feet beyond Page 200 of 273 7 each end of that runway; for military runways or when the runway has no specially pr epared hard surface, or planned hard surface, the primary surface ends at each end of that runway. The width of the primary surface is set forth in FAR Part 77. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline. 46. Primary Runway (FAA AC 150/5325-4B General Definition) – The runway used for the majority of airport operations. Large, high-activity airports may operate two or more parallel primary runways. 47. Public Assembly Use – Means a structure or outdoor facility where concentrations of people gather for purposes such as deliberation, education, shopping, business, entertainment, amusement, sporting events, or similar activities, but excluding air shows. “Public assembly use” does not include places where people congregate for relatively short periods of time, such as parking lots and bus stops, or uses approved by the FAA in an adopted airport master plan. 48. Public Use Airport (FAA AC 150/5190-6) – Means either a publicly owned airport or a privately owned airport open for public use. 49. Residential and Accommodation Uses – Mean a use category that includes the following use types: a. Residential uses that provide living accommodations, including sleeping, eating, cooking and sanitary facilities, to one or more persons, and where tenancies typically last longer than 30 days. b. Accommodation uses characterized by visitor-serving facilities that provide temporary lodging in guest rooms or guest units, for compensation, and with an average length of stay of less than 30 days. Accessory uses may include pools and other recreational facilities for the exclusive use of guests, limited storage, restaurants, bars, meeting facilities, and offices. 50. Runway Protection Zone (RPZ) (FAA AC 150/5300-13) – An area off the runway end designed to enhance the protection of people and property on the ground. 51. Runway Safety Area (FAA AC 150/5300-13) – A defined surface surrounding the runway prepared or suitable for reducing the risk of damage to airplanes in the event of a n overshoot, or excursion from the runway. 52. Structure – Any object constructed or installed by humans, including, but without limitation, buildings, towers, smokestacks, and overhead transmission lines, including the poles or other structures supporting the same. 53. Utility Runway – A utility runway constructed for and intended to be used by propeller driven aircraft of 12,500 pounds gross weight or less. 54. Variance - An authorization for the construction or maintenance of a building or structure, or for the establishment or maintenance of a use of land that is prohibited by a zoning ordinance. A lawful exception from specific zoning ordinance standards and regulations predicated on the practical difficulties and/or unnecessary hardships on the petitioner being required to comply with those regulations and standards from which an exemption or exception is sought. 55. Visual Approach – An approach to an airport conducted with visual reference to the terrain. Page 201 of 273 8 56. Visual Runway (FAA AC 150/5300-13) – A runway without an existing or planned straight-in instrument approach procedure. 57. Visual Flight Rules (VFR) (FAA FAR Sec. 170.3) – Rules that govern the procedures for conducting flight under visual conditions. The term “VFR” is also used in the United States to indicate weather conditions that are equal to or greater than minimum VFR requirements. In addition, “VFR” is used by pilots and controllers to indicate the type of flight plan. 58. Wetland – Land on which water covers the soil or is present either at or near the surface of the soil or within the root zone, all year or for varying periods of time during the year, including during the growing season. (FAA AC 150/5200-33A) Wetlands provide a variety of functions and can be regulated by local, state, and Federal laws. Normall y, wetlands are attractive to many types of wildlife, including many which rank high on the list of hazardous wildlife species. 59. Wildlife Attractants – Means any human-made structure, land-use practice, or human-made or natural geographic feature that can attract or sustain hazardous wildlife within the landing or departure airspace or the airport’s air operations area. These attractants include, but are not limited to, architectural features, landscaping, waste disposal sites, wastewater treatment facilitie s, agricultural or aquaculture activities, surface mining, or wetlands. 60. Wildlife Hazards – Means species of wildlife (birds, mammals, reptiles), including feral animals and domesticated animals not under the control, that are associated with aircraft strik e problems, are capable of causing structural damage to airport facilities, or act as attractants to other wildlife that pose a strike hazard. Section 7 – Air Space Obstruction Zones The Airport Height Overlay Zoning Districts are illustrated on the offici al Waterloo Airport Land Use and Height Zoning Map, attached and made part of this Ordinance. Such official Airport Land Use and Height Zoning Map may be amended, and all notations, references, elevations, data, zone boundaries, and other information thereon, is hereby adopted as part of this Ordinance. Section 8 – Land Use Safety Zones FAR Part 77 Surfaces and RPZs have been combined to create five airport overlay zones. These five zones are designed to maintain compatible land uses around the Airport. The zones shall be evaluated for compatible land uses. 8.A Definition of Zones Five airport overlay zoning districts are prescribed within this Ordinance. Specific dimensions for the individual zones for each runway end are noted in the following tables and t ext. The Airport Land Use and Height Zoning Maps should be evaluated to determine the specific area of impact associated with each zone. Zone A – Runway Protection Zone (RPZ) Zone A is intended to provide a clear area that is free of above-ground obstructions and structures. This zone is closest to the individual runway ends. The dimensional standards for this zone are the same as those described in the Airport Design AC (AC 150/5300-13 Change 11) and are shown in the following table. Page 202 of 273 9 Table 1: Zone A Dimensional Requirements Runway Ends Approach Visibility Minimums1 Dimensions Length L feet Inner Width W1 feet Outer Width W2 feet RPZ acres Runway 6 Non Precision 1,700 1,000 1,510 48.978 Runway 24 Non Precision 1,700 1,000 1,510 48.978 Runway 12 Precision 2,500 1,000 1,750 78.914 Runway 30 Non Precision 2,500 1,000 1,750 78.914 Runway 18 Non Precision 1,700 1,000 1,510 48.978 Runway 36 Non Precision 1,700 1,000 1,510 48.978 1. The RPZ dimensional standards are for the runway end with the specified approach visibility minimums. The departure RPZ dimensional standards are equal to or less than the approach RPZ dimensional standards. When an RPZ begins other than 200 feet beyond the runway end, separate approach and departure RPZs should be provided. Refer to FAA AC 150/5300-13, Change 11, Appendix 14 for approach and departure RPZs. Source: FAA AC 150/5300-13, Change 11, Airport Design Standards Zone B – Approach Surface Zone B is a critical airport overlay zoning surface that reflects the approach and departure areas for each runway at an airport. The size of Zone B is predicated upon the type of approach (visual, non-precision, or precision) that a specific runway has and the type/size of aircraft utilizing the runway. The following table illustrates the various sizes of Zone B based upon the specific runway criteria. A portion of Zone B is overlain by Zone A because the approach surface and RPZ overlap the entire length of the RPZ. Consequently, the length of Zone B begins at the inner edge of the RPZ. Zone C – Transitional Surface Zone C includes those areas that are parallel to the runway pavement and extend 1,050 feet from the edge of the primary surface paralleling the runway and extended runway centerline until they reach the end of Zone A at a 90 degree angle. The specific dimensions for Zone C are based upon various options for the primary surface that is predicated upon the type of approach and critica l aircraft. Zone D – Horizontal Surface Zone D is typically elliptical in shape, depending upon the runway types and configurations at individual airports. Zone E – Conical Surface Zone E is the outermost zone of the airport overlay zoning areas and has the least number of land use restriction considerations. The zone begins at the edge of the horizontal surface and is 4,000 feet in width paralleling the horizontal surface. Page 203 of 273 10 Table 2: Airport Overlay Zones B-E Dimensional Standards Item Runway Dimensional Standards (Feet) Runway 6 Runway 24 Runway 12 Runway 30 Runway 18 Runway 36 Primary surface width and Zone B inner width 500 500 1,000 1,000 500 500 Zone B end width 3,500 3,500 16,000 4,000 3,500 3,500 Zone B length 10,000 10,000 10,000* 10,000 10,000 10,000 Zone C width 1,050 1,050 1,050 1,050 1,050 1,050 Zone D radius 10,000 10,000 10,000 10,000 10,000 10,000 Zone E width 4,000 4,000 4,000 4,000 4,000 4,000 *The length of Zone B for a precision instrument runway is 10,000 feet for the purposes of the land use zone. The FAR Part 77 surface which it is based upon extends for an additional 40,000 feet. Source: FAA AC 150/5300-13, Change 11, Airport Design Standards 8.B Zone Compatibility The following tables shall be utilized to evaluate land use compatibility for various land use classifications. Uses identified as compatible shall not require additional review. However, consideration should be given to the following areas of concern: 1. Noise sensitive related issues 2. High concentrations of people 3. Tall structures 4. Visual obstructions 5. Wildlife and bird attractants 6. Flammable substances and materials 7. Electrical, navigation, and radio interference Uses found to be NOT compatible shall be precluded from development within the specific zone. Uses found to require additional review shall be evaluated for general compatibility utilizing the Compatible Land Use Planning Checklist and the seven primary areas of concern noted above. Page 204 of 273 11 Table 3: Waterloo Regional Airport Zone Chart C = Compatible AR = Additional Review Required NC = Not Compatible Land Uses Zone A Zone B1 Zone C1 Zone D Zone E Residential Activities Single Dwelling Unit Uses (1 dwelling per lot) Detached Single Dwelling Unit (i.e. farm dwelling, detached single home, manufactured/modular homes if converted to real property and taxed) NC AR AR AR C Detached Zero Lot Line Dwelling (i.e. condominium) NC AR AR AR C Attached Single Dwelling Unit (i.e. townhouses) NC AR AR AR C Two Dwelling Unit Uses (i.e. two principal dwelling units within one building on the same parcel) NC AR AR AR C Multi-Dwelling Unit Uses (i.e. three or more principal dwelling units within a single building on the same parcel, apartments such as condominium, elder, assisted living, townhouse-style) Low-Rise (1-3 levels) NC AR AR AR C Group Living Uses (i.e. assisted living, group care facilities, nursing and convalescent homes, independent group living) NC AR AR AR C Manufactured Housing Parks NC AR AR AR C Commercial Activities Eating and Drinking Establishments (i.e. restaurants, cafes, coffee shops, fast food restaurants, bars, nightclubs, taverns, cocktail lounges) NC AR AR C C Quick Vehicle Servicing Uses (i.e. full-serve and mini-serve gas station, unattended card key service stations, car washes) NC AR AR C C Office Uses (i.e. business, government, professional, medical, or financial) General Office (i.e. professional offices, financial businesses, government offices) NC AR AR AR C Low-Rise (1-3 levels) NC AR AR AR C Medical/Dental Office (i.e. medical and dental clinics, chiropractic clinics, physical therapy clinics) NC AR AR AR C Retail Uses (i.e. sale, lease, or rent of new or used products) Sales-Oriented (i.e. appliances, convenience stores, bakeries, electronics, furniture, garden supplies, gas stations, groceries, hardware, malls, strip malls, videos) NC AR AR AR C Personal Service-Oriented (i.e. retail service-banking establishments, laundromats/dry cleaning, quick printing services, beauty/tanning salons, funeral homes) NC AR AR AR C Page 205 of 273 12 C = Compatible AR = Additional Review Required NC = Not Compatible Land Uses Zone A Zone B1 Zone C1 Zone D Zone E Repair-Oriented (i.e. consumer goods- electronics, office equipment, appliances) NC AR AR AR C Hospitality-Oriented (hotels, motels, convention centers, meeting halls, event facilities) NC AR AR AR C Low-Rise (1-3 levels) NC AR AR AR C Outdoor Storage and Display-Oriented (i.e. outdoor storage-lumber yards, vehicles sales, landscape material and nursery product sales, farm supply and equipment sales) NC AR AR AR C Surface Passenger Services (i.e. passenger terminals for buses, rail services, local taxi and limousine services) NC AR AR C C Vehicle Repair Uses (i.e. vehicle repair or service shops, alignment shops, tire sales) NC AR AR C C Industrial/Manufacturing Activities Industrial Service Uses (i.e. machine shops, tool repair, towing and vehicle storage, building supply yards, heating/plumbing/electrical contractors, exterminators, janitorial services, fuel oil distributors, solid fuel yards) NC AR AR AR C Manufacturing and Production Uses (i.e. manufacturing, processing, fabrication, packaging or assembly of goods) Technical/Light Manufacturing (i.e. electrical components, engineering, scientific and research, office, computer hardware/software, optical, pharmaceuticals, printing/photo facilities, publishing) NC AR AR AR C General Manufacturing (i.e. manufacturing, compounding, assembling or treatment of most articles, materials, or merchandise) NC AR AR AR C Heavy Manufacturing (i.e. concrete and asphalt plants, meat packing plants, wet corn milling, manufacturing of animal feed, paper/paperboard mills, ethanol plants) NC AR AR AR C Mining and Extraction Uses NC AR AR AR C Salvage Operations (i.e. firms that collect, store, and dismantle damaged or discarded vehicles, machinery, appliances, and building material) NC AR AR C C Self-Service Storage Uses (i.e. mini- warehouses/storage facilities) NC C C C C Page 206 of 273 13 C = Compatible AR = Additional Review Required NC = Not Compatible Land Uses Zone A Zone B1 Zone C1 Zone D Zone E Warehouse and Freight Uses (i.e. major wholesale distribution centers, general freight storage, railroad switching yards, bus/rail car storage lots, parcel service, grain terminals) NC C C C C Waste-Related Uses (i.e. recycling centers, sanitary landfills, waste transfer stations, composting, energy recovery plants, sanitary and water treatment facilities, sanitary collection/pumping facilities, hazardous waste collection sites) AR AR AR AR AR Wholesale Sales Uses (i.e. sale, lease, or rental of products to retailers for industrial, institutional, or commercial business users) NC AR AR AR C Institutional Activities Basic Utility Uses (i.e. utility substation facilities, electrical substations, water and sewer lift stations, water towers) NC AR AR AR C College and Universities (i.e. public or private colleges and universities, technical colleges, seminaries) NC AR AR AR C Community Service Uses (i.e. public, nonprofit, or charitable nature providing a local service to the people General Community Service (i.e. libraries, museums, transit centers, park and ride facilities, senior/community/neighborhood centers, police and fire stations) NC AR AR AR C Community Service-Shelter (i.e. transient housing) NC AR AR AR C Daycare Uses (i.e. childcare centers, adult daycare, preschools, after school programs) NC AR AR AR C Detention Facilities (i.e. prisons, jails, probation centers, juvenile detention homes, halfway houses) NC AR AR AR C Educational Facilities (i.e. public and private schools) General Educational Facilities (i.e. public and private elementary, middle, junior, and senior high schools including religious, boarding, military schools) NC AR AR AR C Specialized Education Facilities (i.e. specialized trade, business, or commercial courses, non-degree- granting schools) NC AR AR AR C Page 207 of 273 14 C = Compatible AR = Additional Review Required NC = Not Compatible Land Uses Zone A Zone B1 Zone C1 Zone D Zone E Hospitals (i.e. hospitals, medical centers) NC AR AR AR C Religious Assembly Uses (i.e. churches, temples, synagogues, mosques, Masonic, eagles, moose, or elk lodges) NC AR AR AR C Infrastructure Activities Communication Transmission Facility Uses (i.e. broadcast, wireless, point to point, emergency towers and antennae) NC AR AR AR AR Parking Uses (i.e. ground lots, parking structures) AR C C C C Transportation Uses (i.e. highways, interstates, local and county roads) AR C C C C Utility Uses (i.e. solar power generation equipment, wind generators, wind farms) NC AR AR AR AR Agricultural Uses (i.e. commercial cultivation of plants, livestock production) Plant-related (i.e. crop farming, vegetable, fruit, and tree, wholesale plant nurseries) C C C C C Animal-related (i.e. livestock operations, dairy farms, horse farms) AR AR AR C C Resident-related (i.e. single unit home, mobile home if converted to real property and taxed) NC AR AR AR C Facility-related (i.e. fuel bulk storage/pumping facility, grain elevator, livestock/seed/grain sales) NC AR AR AR AR Water Bodies (i.e. open bodies containing water), Wildlife Areas, and Floodplains Man-made resources (i.e. mining and extraction, water detention ponds, wetlands) NC AR AR AR AR Naturally occurring (i.e. lakes, ponds, prairie pot holes, rivers, streams, wetlands) NC AR AR C C Wildlife Preservation Areas (i.e. petting zoos, wildlife rehabilitation centers, zoos) NC AR AR AR C Floodplains AR AR AR C C Parks and Recreation Activities Commercial Recreational Uses (i.e. facilities used for physical exercise, recreation, or culture) Outdoor (i.e. campgrounds, tennis/swimming facilities, drive-in theaters, skating rinks, pavilions, amphitheaters) NC AR AR AR C Page 208 of 273 15 C = Compatible AR = Additional Review Required NC = Not Compatible Land Uses Zone A Zone B1 Zone C1 Zone D Zone E Indoor (i.e. physical fitness centers, health clubs, bowling alleys, skating rinks, billiard halls, arcades, indoor theaters) NC AR AR AR C Golf (i.e. golf driving ranges, outdoor miniature golf, 9+ hole courses) NC AR AR C C Utility Uses (i.e. amusement/theme parks, fairgrounds, racetracks, sports arenas) NC AR AR AR AR Parks (i.e. aquatic, mini, private, sports, neighborhood, school, community) NC AR AR C C Casino NC AR AR AR C 1 Table 3, including both the land use and height restrictions (FAA Part 77), shall apply to areas defined as “Zone B” and “Zone C” inside of the Conical Surface (“Zone E”), as shown on the Airport Land Use and Height Zoning Map. For areas defined as “Zone B” and “Zone C” outside of the Conical Surface (“Zone E”), only the height restrictions (FAA Part 77), as identified on the Airport Land Use and Height Zoning Map, shall apply. Section 9 – Airport Overlay Zoning Maps The Airport Land Use and Height Overlay Zoning Districts established by this Ordinance are shown on the Airport Land Use and Height Zoning Maps. Such Official Airport Land Use and Height Zoning Maps may be amended, and all notations, references, elevations, data, zone boundaries, and other information thereon, is hereby adopted as part of this Ordinance. Section 10 – Ordinance Administration It shall be the duty of the Waterloo City Planner, Cedar Falls City Planner, and Black Hawk County Zoning Administrator, referred to herein as the “Airport Zoning Administrator,” within their respective jurisdictions to administer the regulations prescribed herein for their respective communities. Applications for permits and variances shall be made to the appropriate Airport Zoning Administrator upon forms furnished by said Airport Zoning Administrator. Applications for action by the Airport Board of Adjustment shall be forthwith transmitted by the Airport Zoning Administrator should an applicant request review. Permit applications shall be either granted or denied by the appropriate Airport Zoning Administrator according to the regulations prescribed herein. Section 11 – Airport Overlay Zoning Permits It shall be the duty of the applicant to provide the Airport Zoning Administrator with sufficient information to evaluate the proposed action. This information shall include but not be limited to the following as noted in the Compatible Land Use Planning Checklist: • Contact information • Structure information • Site information • Drawing information Page 209 of 273 16 • Certification • Identify current and potential compatibility concerns The Airport Zoning Administrator shall evaluate the proposal based upon information provided by the applicant. The Airport Zoning Administrator shall approve the permit if after evaluation, the proposed project is found to be adequately compatible. Should the proposed project be found to be incompatible after review, the Airport Zoning Administrator shall deny the permit. Should the permit be denied, the applicant shall have the right to request a variance or an appeal as prescribed in this Ordinance. Section 12 – Hazardous Markings and Lighting Lighting and marking requirements will be determined through an FAA 7460-1 airspace analysis. The owner of any structure, object, natural vegetation, or terrain is hereby required to install, operate, and maintain such markers, lights, and other aids to navigation necessary to indicate to the aircraft operators in the vicinity of an airport the presence of an airport hazard. Hazardous markers and lights shall be installed, operated, and maintained at the expense of the jurisdiction. Section 13 – Height Limitations No structure, object, natural vegetation, or terrain shall be erected, altered, allowed to grow or be maintained within any airport zoning district established by this Ordinance to a height in excess of the applicable height limitations set forth in this Ordinance. The permitted height shall not exceed the difference between the grade elevation and the height limitation numbers illustrated on the “Official Waterloo Airport Land Use and Height Map” within the various airport zoning districts encompassed by this Ordinance. An FAA 7460-1 airspace review shall provide a portion of the information necessary to evaluate potential height impacts. However, it shall not be the sole source of review. Section 14 – Airport Zoning Commission The commission so appointed shall be known as the Airport Zoning Commission. In adopting, amending, and repealing airport zoning regulations, the governing body of a city shall follow the procedure in Iowa Code Sections 414.4 and 414.6 and the board of supervisors of a county shall follow the procedure in Iowa Code Sections 335.6 and 335.8. The Airport Zoning Commission shall adopt operating rules or guidelines. The Airport Zoning Commission shall consist of seven total members, two members from the Planning and Zoning Commission of each jurisdiction and one additional member, who is the Airport Director. The chairperson of the Airport Zoning Commission shall be selected and reappointed by a majority vote of the members serving on the Airport Zoning Commission. The terms of the members of the Airport Zoning Commission shall be determined by the Iowa Code. Members may be removed for cause by the appointing authority upon written charges after public hearing. Vacancies shall be filled for the unexpired term of any member whose office becomes vacant in the same manner in which the member was selected. Section 15 – Airport Board of Adjustment The governing bodies of the jurisdictions under this ordinance shall provide for the appointment of an Airport Board of Adjustment, as provided in Iowa Code Section 414.7 for a cit y, or as provided in Section 335.10 for a county. The Airport Board of Adjustment has the same powers and duties, and its procedure and appeals are subject to the same provisions as established in Iowa Code Sections 414.9 to 414.19 for a city, or Sections 335.12 to 335.16 and 335.18 to 335.21 for a county. The Airport Board of Adjustment shall adopt operating rules of procedure. Page 210 of 273 17 The Airport Board of Adjustment shall consist of seven total members, two members from each jurisdiction and one additional member, the Airport Director. The chairperson of the Airport Board of Adjustment shall be selected and reappointed by a majority vote of the members serving on the Airport Board of Adjustment. The terms of the members of the Airport Board of Adjustment shall be determined by the Iowa Code. Vacancies shall be filled for the unexpired term of any member whose office becomes vacant in t he same manner in which that member was selected. Members shall be removable for cause by the appointing authority upon written charges and after public hearing. The concurring vote of a majority of the Airport Board of Adjustment shall be necessary to do any of the following: a. Reverse any order, requirement, decision, or determination of any administrative official. b. Decide in favor of the applicant on any matter upon which the board is required to pass under any regulations adopted pursuant to Iowa Code Chapter 329. c. Effect any variance from any regulations adopted pursuant to Iowa Code Chapter 329. Section 16 – Variances Any person desiring to erect, alter, or increase the height of any structure, object, or to permit the growth of any natural vegetation, or otherwise use their property in violation with any section of this Ordinance, may apply to the Airport Board of Adjustment for variance from such regulation. No application for variance to the requirements of this Ordinance may be considered by the Airport Board of Adjustment unless a copy of the application has been submitted to the Airport Zoning Administrator for an opinion as to the aeronautical effects of the variance. No variance shall be granted unless evidence shows all of the following: (1) that the regulations contained herein create practical difficulties where strict or literal interpretation or enforcement would create an unnecessary hardship prohibiting the use of the property in manner reasonably similar to that of others in the zone; (2) the r equest has a uniqueness that is not common in the zone in which the property is located; (3) the request is not contrary to the public interest; and (4) the spirit and intent of the ordinance shall be observed and substantial justice done. There shall be a non-refundable application fee paid by the applicant to the appropriate jurisdiction. Said fee will be set by resolution of each jurisdiction. Section 17 – Appeals Any person, property owner, or taxpayer impacted by any decision of this Ordinance may appeal to the Airport Board of Adjustment. Such appeal, by application, shall be taken to the Board within a reasonable time, but not longer than thirty (30) days. The Airport Zoning Administrator shall forthwith transmit to the Airport Board of Adjustment an application and all documentation constituting the record upon which the appealed action is requested. In exercising their powers, the Airport Board of Adjustment ma y, in conformity with the provisions of the law, reverse or affirm, wholly or partly, or modify the order, requirement, decision, or determination as it believes proper and to that end will have the powers of the Airport Zoning Administrator. There shall be a non-refundable application fee paid by the applicant to the appropriate jurisdiction. Said fee will be set by resolution of each jurisdiction. The concurring vote of four (4) members of the Airport Board of Adjustment shall be necessary to reverse an y order, requirement, decision or determination of the Airport Zoning Administrator, or to decide in favor of the applicant on any matter which it is required to pass under this Ordinance, provided that the action of the Airport Board of Adjustment shall not become effective until after the written decision or resolution of the Airport Board of Adjustment, setting forth the full reason for its decision and the vote of each participating member as documented in its minutes. Said written decision or resolutio n shall be filed in the office of the Airport Zoning Administrator and shall be open to public inspection. Page 211 of 273 18 Section 18 – Judicial Review Any person aggrieved, or any taxpayer affected, by any decision of the Airport Board of Adjustment may appeal to the Court of Record as provided in Iowa Code, Section 414.15. Section 19 – Penalties If any building or structure is erected, constructed, reconstructed, altered, repaired, converted, or maintained, or any building, structure, or land is used in violation of this Ordinance, the appropriate City or County may, in addition to other remedies, seek injunctive relief, commence a municipal or county infraction action, mandamus, or other appropriate lawful action necessary to prevent, correct, or abate such violation. A violation of this Ordinance shall be deemed a violation of the appropriate City or County Code and thus constitute a municipal or county infraction, a civil offense punishable by a civil penalty, order of abatement and the entry of a judgment for costs of abatement or correction, pursuant to Iowa Code section 364.22 or 331.307. Any construction started without a permit or which does not comply with the requirements of the corresponding Code of Ordinances shall be removed immediately. The City Council or County Board of Supervisors may, without limitation, provide for the abatement of such infraction, and may pursue any combination of remedies available. Each day that a violation is continued shall constitute a separate violation. Section 20 –Nonconformities Any pre-existing nonconforming structure, tree, or use, shall not be replaced, rebuilt, altered, allowed to grow higher, or replanted, so as to constitute a greater airport hazard than it was when this Ordinance or amendments to it were adopted. A nonconforming structure in existence at the adoption hereof that was not a lawful, or authorized under previous zoning ordinances, shall not be authorized to continue as a nonconforming building or structure pursuant to this Ordinance, or amendme nts thereto. Nothing in this Ordinance shall prevent the strengthening or restoring to a safe condition any part of any building or structure declared unsafe. It is the intent of this Ordinance to permit these non-conformities to continue until they are removed or abandoned, but not to encourage their survival. Further, any nonconforming structures, buildings, uses, parcels, or lots shall be subject to the nonconforming regulations of the community in which the property in question is located. Section 21 – Conflicting Regulations Where there exists a conflict between any of the regulations or limitations prescribed in this Ordinance and any other regulations applicable to the same area, whether the conflict be with respect to height or structures, the use of land, or any other matter, the more stringent limitation or requirement shall govern and prevail. Section 22 – Severability If any provision of this Ordinance, or the application thereof to any person or circumstances, is held invalid or unconstitutional by a court of competent jurisdiction, said holding shall not affect other provisions or applications of the Ordinance, and to this end, the provisions of this Ordinance are declared to be severable. Section 23 – Adoption, Amendment, and Repealing Regulations In adopting, amending, and repealing airport zoning regulations, the governing body of a city shall follow the procedure in Iowa Code Sections 414.4 and 414.6 and the board of supervisors of a county shall Page 212 of 273 19 follow the procedure in Iowa Code Sections 335.6 and 335.8. Any and all amendments made to this Ordinance shall also be made in accordance with Section 14, contained herein. Section 24 – Effective Date This is an ordinance repealing the Waterloo Municipal Airport Zoning Resolution and Ordinance of the City of Waterloo, Iowa, including Airport Zoning Map and all of the amendments thereto; And enacting in lieu thereof as new Ordinance Number ____, the City of Waterloo, Iowa Airport Zoning Ordinance including Airport Land Use and Height Zoning Map, and it shall be integrated into the Waterloo City Code of Ordinances. Ordinance Number ____ is an ordinance created for the purpose of protecting health, welfare, and public safety within a specific area of Waterloo in proximity to the Waterloo, Iowa Airport. Ordinance Number ____, “The City of Waterloo, Iowa Airport Zoning Ordinance”, as adopted, shall be in full force and effect upon publication, recording, and/or posting, as may be required by law. Adopted by the City Council of Waterloo, Iowa. _____________________ _____________________ Mayor Date Waterloo, Iowa Attest: ______________________ _____________________ City Clerk Date Waterloo, Iowa Page 213 of 273 1,22 3 F e e t E l e v . 1,0 2 3 F e e t E l e v . 1,02 3 F e e t E l e v . 953 F e e t E l e v . 913 F e e t E l e v . 873 F e e t E l e v . 8 7 3 F e e t E l e v . 9 1 3 F e e t E l e v . 9 5 3 F e e t E l e v . 1 , 0 2 3 F e e t E l e v . 87 3 F e e t E l e v . 91 3 F e e t E l e v . 95 3 F e e t E l e v . 1, 0 2 3 F e e t El e v . 873FeetElev. 1,073 Feet Elev. 1 0 2 3 F e e t E l e v . 1,023 Fee t E l e v . 1 , 0 7 3 F e e t E l e v . 1,07 3 F e e t E l e v . 1 , 0 2 3 F e e t E l e v . 1,02 3 F e e t E l e v . 1 , 0 2 3 F e e t E l e v . 873 Feet Elev . 1 , 0 2 3 F e e t E l e v . 1,02 3 F e e t E l e v . 1,023 F e e t E l e v . 1,073 Feet Elev. 1, 0 2 3 F e e t E l e v . 1 , 0 2 3 F e e t E l e v . 1, 0 2 3 F e e t E l e v . 1 , 0 7 3 F e e t E l e v . 102 3 F e e t E l e v . 1,023 Fee t E l e v . 102 3 F e e t E l e v . 1,07 3 F e e t E l e v . 1,12 3 F e e t E l e v . 1,17 3 F e e t E l e v . 1,22 3 F e e t E l e v . 1,27 3 F e e t E l e v . 1,32 3 F e e t E l e v . 1,37 3 F e e t E l e v . 1,42 3 F e e t E l e v . 1,47 3 F e e t E l e v . 1,52 3 F e e t E l e v . 1,57 3 F e e t E l e v . 1,62 3 F e e t E l e v . 1,72 3 F e e t E l e v . 1,77 3 F e e t E l e v . 1,82 3 F e e t E l e v . 1,87 3 F e e t E l e v . 1,67 3 F e e t E l e v . 1,92 3 F e e t E l e v . 1,97 3 F e e t E l e v . 2,02 3 F e e t E l e v . 2,07 3 F e e t E l e v . 1,27 3 F e e t E l e v . 1,32 3 F e e t E l e v . 1,37 3 F e e t E l e v . 1,42 3 F e e t E l e v . 1,47 3 F e e t E l e v . 1,52 3 F e e t E l e v . 1,57 3 F e e t E l e v . 1,62 3 F e e t E l e v . 1,67 3 F e e t E l e v . 1,72 3 F e e t E l e v . 1,77 3 F e e t E l e v . 1,82 3 F e e t E l e v . 1,87 3 F e e t E l e v . 1,97 3 F e e t E l e v . 2,02 3 F e e t E l e v . 2,07 3 F e e t E l e v . 2,12 3 F e e t E l e v . 2,17 3 F e e t E l e v . 2,22 3 F e e t E l e v . 2,27 3 F e e t E l e v . 2,32 3 F e e t E l e v . 2,37 3 F e e t E l e v . 2,42 3 F e e t E l e v . 2,52 3 F e e t E l e v . 2,57 3 F e e t E l e v . 2,62 3 F e e t E l e v . 1,22 3 F e e t E l e v . 1,27 3 F e e t E l e v . 1,32 3 F e e t E l e v . 1,37 3 F e e t E l e v . 1,42 3 F e e t E l e v . 1,47 3 F e e t E l e v . 1,52 3 F e e t E l e v . 1,57 3 F e e t E l e v . 1,62 3 F e e t E l e v . 1,67 3 F e e t E l e v . 1,72 3 F e e t E l e v . 1,77 3 F e e t E l e v . 1,82 3 F e e t E l e v . 1,92 3 F e e t E l e v . 1,97 3 F e e t E l e v . 2,02 3 F e e t E l e v . 2,07 3 F e e t E l e v . 2,12 3 F e e t E l e v . 2,17 3 F e e t E l e v . 2,22 3 F e e t E l e v . 2,27 3 F e e t E l e v . 2,32 3 F e e t E l e v . 2,37 3 F e e t E l e v . 2,42 3 F e e t E l e v . 2,47 3 F e e t E l e v . 2,52 3 F e e t E l e v . 2,57 3 F e e t E l e v . 2,62 3 F e e t E l e v . 873 F e e t Elev . 1 , 0 2 3 F e e t E l e v . 1,023 Feet Ele v . 1 , 2 2 3 F e e t E l e v . 1,22 3 F e e t E l e v . 1,223 F e e t E l e v . 1,223 Feet Elev. 1,22 3 F e e t E l e v . 1 , 2 2 3 F e e t E l e v . 1 , 2 2 3 F e e t E l e v . 1,223 Feet Elev. 1,223 Feet El e v . 1, 2 2 3 F e e t E l e v . 1,92 3 F e e t E l e v . 1,92 3 F e e t E l e v . 1,87 3 F e e t E l e v . 1,00 0 F t . 500Ft. 8,40 0 F t . 6, 0 0 0 F t . 5,400 Ft. 5 0 0 F t . 1,00 0 F t . 5 0 0 F t . 3 , 5 0 0 F t . 10,000 Ft . 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Ap p r o a c h S u r f a c e (O v e r l a p s R P Z ) 10, 0 0 0 F t . 10,00 0 F t . 1 0 , 0 0 0 F t . 10,000 Ft. 10,000 Ft . Approach S u r f a c e (Overlaps R P Z ) 4,0 0 0 F t . 4,000 F t . 4 , 0 0 0 F t . 4,000 Ft. 4,000 Ft. 4 , 0 0 0 F t . 4,000 Ft. D D D D D D E E E E E B B B B BB B B B B C C C C C C C C C C C CC C C PS PS PS 1 2 30 6 36 2 4 1 8 1,510 Ft. 1,7 0 0 F t . 1,000 Ft. 500 0 F t . 1,22 3 F e e t E l e v . 500 0 F t . 9 9 3 F e e t E l e v . 993 F e e t E l e v . 99 3 F e e t E l e v . 1,75 0 F t . 2,50 0 F t . 1,00 0 F t . 1 , 5 1 0 F t . 1,700 Ft. 1 , 0 0 0 F t . 1 , 5 1 0 F t . 1 , 7 0 0 F t . 1 , 0 0 0 F t . 1 , 0 0 0 F t . 1,700 Ft. 1 , 5 1 0 F t . 1 , 0 0 0 F t . 2,50 0 F t . 1 , 7 5 0 F t . 3,500 Ft. 1,023 Fee t E l e v . 1,023 FeetElev. 1,0 2 3 F e e t E l e v . 1,023 Feet Elev. 1, 0 2 3 F e e t E l e v . 1,0 2 3 F e e t E l e v . 10,000 Ft. 1 0 , 0 0 0 F t . 4 , 0 0 0 F t . 1 0 , 0 0 0 F t . 10,000 Ft. 40,0 0 0 F t . T o t a l f o r t h e Out e r A p p r o a c h S u r f a c e B 2,47 3 F e e t E l e v . 1,92 3 F e e t E l e v . 3 , 5 0 0 F t . A A A A AA U S 6 3 L o g a n A v e C57W Cedar-Wapsi Rd L e v e r s e e R d V 2 5 W a g n e r R d IA 57 - 1st St T 7 5 N U n i o n R d V 1 4 W a v e r l y R d D1727th St U n i o n R d W Airline Hwy C55Winslow Rd Rainbow Dr Bro a d w a y S t C66W Dunkerton Rd C e n t e r S t 27th St E 4 t h S t B u r t o n A v e M a i n S t University Ave W a g n e r R d Big Rock Rd Orchard Dr H u d s o n R d W 12th St Lincoln St Dunkerton Rd C o l l e g e S t W Marquis Rd C67Beaver Valley Rd 12th St Rive r R d 18th St W a t e r l o o R d Conger St Unive r s i t y A v e W Donald St C 5 7 F i n c h f o r d R d C 5 5 F i n c h f o r d R d Gree n h i l l R d C e d a r B e n d S t U S 6 3 E M u l l a n A v e C 5 5 T a y l o r R d S M a i n S t C e d a r H t s D r W Conge r S t Airpor t B l v d B i g W o o d s R d 6th St 7th St N U n i o n R d C55W Marquis Rd Newell St E Donald St Ansborough Ave S t a t e S t We s t f i e l d A v e C66E Dunkerton Rd C57E Cedar-wapsi Rd Fra n k l i n S t W a s h i n g t o n S t E 18th St Oak l a n d A v e H u d s o n R d W a t e r l o o R d Bro a d w a y S t G r e e n h i l l R d F r a n k l i n S t IA 27 - I A 5 8 Iowa 5 8 W Conger St River Rd University Ave A i r p o r t B l v d M a i n S t Cedar R i v e r U S 6 3 C50275th St 265th St S t a t e S t C50260th St H a w t h o r n e A v e 275th St B a d g e r A v e C50Fayette St D a k o t a A v e N M a p l e S t H i l t o n A v e M a i n S t V 2 5 J o p l i n A v e 260th St Barrick Rd W Barrick Rd C55 W 7th St T 6 3 W i l l o w A v e C55280th St W i l l o w A v e C67Beaver Valley St W i l l o w A v e WATERLOO CEDAR FALLS DENVER JANESVILLE Waterloo, IowaAirport Land Use andHeight Zoning Map DRA F T DRA F T DRA F T Data Sources: Airport Zoning Surfaces (Except Runway Protection Zones RPZ) are Defined in:Code of Federal Regulations, Title 14 Part 77.19 - Civil airport imaginary surface. Pg 569-570 (Revised January 1, 2015) Runway Protection Zones RPZ are defined in:FAA Airport Advisory Circular - AC 150/5300-13A - Airport Design, Chapter 3 Runway Design, #310 Runway Protection Zone(RPZ),Pg 71-75. (Revised September 28, 2012) Additionally Data Specific to the Waterloo Airport was obtained from:The Iowa Airport Land Use Guidebook. Prepared for the Iowa Department of Transportation by Mead and Hunt (Revised January 2008) 0 10.5 Miles 1 inch = 0.3 miles Aerial Photograph 2014 1 inch = 1,584 feet LEGEND City Limits Airport Runway Centerline Airport Port Overlay Zones Primary Surface Runway Protection Zone (RPZ) Approach Surface Transitional Surface Horizontal Surface Conical Surface © (February 2016) Iowa Northland Regional Council of Governments Please call 319-235-0311 to obtain permission for use. The map does not represent a survey, no liability is assumed for the accuracy of the data delineated herein, either expressed or implied by INRCOG. PS A B C D E Page 214 of 273 Waterloo Airport Zoning Ordinance Overview November 2017 1. IDOT Office of Aviation manages (at the state level) all airports in Iowa. 2. IDOT Office of Aviation contracted with Mead Hunt (Aviation Engineering Consulting Firm) to develop an Aviation Land Use Guidebook and conduct training in conjunction with the Iowa State University’s Land Use Planning Workshops. FAA and IDOT Office of Aviation funding is used to complete these tasks. The Guidebook was designed to comply with all FAA and Iowa aviation and zoning regulations. Here is a link to the Iowa Airport Land Use Guidebook: http://www.iowadot.gov/aviation/airports/IowaAirportLandUseGuidebook2008.htm 3. Mead Hunt and the IDOT Office of Aviation utilized a Land Use Advisory Committee to assist in the development of the Guidebook. Said Committee included IDOT, aviation experts, airport managers, pilots, land use planning professionals, university officials (land use law and zoning expert), the attorney general’s office, municipal representatives, COGs, and other state agencies. 4. The resulting Guidebook contains the following, which were used in development of the proposed ordinance. a. Ordinance Outline (Chapter 4; Appendix Q) b. Ordinance Map Examples (Chapter 4) c. Ordinance Checklist and Permit Application (Appendix J) 5. IDOT Office of Aviation approached the Iowa Association of Regional Councils in 2013 about a Request for Proposals (RFP) funding for Airport Ordinance work. Funds were required to be used to adopt new regulations or upgrade existing regulations. 6. County seat airports in the INRCOG region were listed as eligible applicants based on the either the lack of regulations or dated regulations in place at that time. 7. The Waterloo Airport was selected as a funding recipient from IDOT Office of Aviation. The Cities and County provided the matching funds. The City of Waterloo contracted with INRCOG to develop the draft ordinance (text, map, and checklist/application). 8. As noted above, the Guidebook was the source for the proposed ordinance (text, map, and checklist/application). Incidentally, this is the 5th draft of these documents. 9. Prior to this point, the draft (text, map, and checklist/application) was submitted and has been reviewed by the IDOT Office of Aviation, which provided written comments indicating they saw nothing objectionable in the draft. Specifically stating that “nothing caught my attention for needing revision”. 10. Today, you have the reviewed draft before you… Page 215 of 273 Page 216 of 273 Page 217 of 273 Page 218 of 273 Page 219 of 273 Page 220 of 273 Page 221 of 273 Page 222 of 273 Page 223 of 273 Page 224 of 273 Page 225 of 273 Page 226 of 273 Page 227 of 273 Page 228 of 273 Page 229 of 273 Page 230 of 273 Page 231 of 273 Page 232 of 273 Page 233 of 273 Page 234 of 273 Page 235 of 273 Page 236 of 273 Page 237 of 273 Page 238 of 273 Page 239 of 273 Page 240 of 273 Page 241 of 273 Page 242 of 273 CI TY OF WATER LOO Council Communication An ordinance amending the 2008 Traffic C ode, S ection 540 - O bedienc e to O fficial Traffic-C ontrol Devic es , by deleting s ubsec tions (88) F irs t S treet (E) and Mulberry S treet - P re-timed and (90) F irst S treet (E) and S yc amore S treet - P re-Timed. City Council Meeting: 2/5/2018 Prepared: 1/30/2018 R EV I EWER S : Department R eviewer Action Date Traffic O perations Even, LeAnn Approved 1/25/2018 - 1:05 P M S UB J E C T: Motion to rec eive, file, c onsider and pas s for the first time an ordinanc e amending the 2008 Traffic C ode, S ec tion 540 - O bedience to O ffic ial Traffic -C ontrol Devices, by deleting subs ection (88) F irst S treet (E) and Mulberry S treet- P re-timed and (90) F irst S treet (E) and S ycamore S treet - P re-Timed, as s ignals have been removed. Motion to sus pend the rules . Motion to c onsider and pas s for the sec ond and third times and adopt said ordinanc e. S ubmitted by:S ubmitted By: S andie G rec o, Interim P ublic Works Director R ec ommended Ac tion:Adopt O rdinance S ummary S tatement:R ec onstruc tion of Hwy. 63 - I DO T 's rec ommendation was to remove signals at the above two locations. P olic y Issue:S trategy 2.2: Enlist all C ity departments and staff members in efforts to promote a s afer c ommunity. Background Information:S tudies were completed by I DO T on recommendation of removal of signals during rec onstruc tion of Hwy 63. Page 243 of 273 CI TY OF WATER LOO Council Communication An ordinance amending the 2008 Traffic C ode, S ection 543 - T hru S treets by deleting S ubsec tion (57) F irs t S treet (E) and adding in lieu thereof a new S ubsec tion (57) F irs t S treet (E). City Council Meeting: 2/5/2018 Prepared: 1/30/2018 R EV I EWER S : Department R eviewer Action Date Traffic O perations Even, LeAnn Approved 1/25/2018 - 12:58 P M S UB J E C T: Motion to rec eive, file, c onsider and pas s for the first time an ordinanc e amending the 2008 Traffic C ode, S ec tion 543 - T hru S treets by deleting S ubs ection (57) F irst S treet (E) and adding in lieu thereof a new S ubs ection (57) F irs t S treet (E), as follows: (57) F irst S treet (E) - C edar R iver to F ranklin S treet exc ept for signals at Lafayette S treet and F ranklin S treet; and except S top signs at Mulberry S treet and S ycamore S treet. Motion to sus pend the rules . Motion to c onsider and pas s for the sec ond and third times and adopt said ordinanc e. S ubmitted by:S ubmitted By: S andie G rec o, Interim P ublic Works Director R ec ommended Ac tion:Adopt O rdinance S ummary S tatement:R ec onstruc tion of Hwy. 63 - I DO T 's rec ommendation was to remove signals at the above loc ations and ins tall S top s igns . P olic y Issue:S trategy 2.2: Enlist all C ity departments and staff members in efforts to promote a s afer c ommunity. Page 244 of 273 CI TY OF WATER LOO Council Communication An ordinance amending the 2008 Traffic C ode S ec tion 543 - T hru S treets , by deleting S ubsec tion (177) Walnut S treet, and adding in lieu thereof a new S ubs ection (177), Walnut S treet. City Council Meeting: 2/5/2018 Prepared: 1/30/2018 R EV I EWER S : Department R eviewer Action Date Traffic O perations Even, LeAnn Approved 1/31/2018 - 10:40 AM S UB J E C T: Motion to rec eive, file, c onsider and pas s for the first time an ordinanc e amending the 2008 Traffic C ode S ection 543 - T hru S treets, by deleting S ubs ection (177) Walnut S treet, and adding in lieu thereof a new S ubs ection (177), Walnut S treet as follows : (144) Walnut S treet - C lay S treet to S outh Barclay S treet exc ept for traffic s ignals at East P ark Avenue, East F ourth S treet, Martin Luther King Jr. Drive northbound, Martin Luther King Jr. Drive southbound, exc ept 4-way s top at eas t T hird S treet. Motion to sus pend the rules , Motion to c onsider and pas s for the sec ond and third times and adopt said ordinanc e. S ubmitted by:S ubmitted By: S andie G rec o, Interim P ublic Works Director R ec ommended Ac tion:Adopt O rdinance. S ummary S tatement: T he required departure sight distanc e is 275’ but for eas tbound Walnut the available corner sight distanc e is les s than 100’. ency. T he neighbors have reported difficulty navigating this intersec tion due to sight distanc e problems. T hey have als o reported numerous near-mis s situations. Becaus e these facts and bec ause this is an inters ection of 2 residential neighborhood c ollector streets and both have s imilar design and operating c harac teristics, 4-way stop c ontrol would improve traffic operations of the intersec tion. P olic y Issue:S trategy 2.2: Enlis t all C ity departments and s taff members in efforts to promote a s afer c ommunity. Background Information: T he neighbors have reported diffic ulty navigating this inters ection due to sight distanc e problems. T hey have als o reported numerous near-mis s situations. Page 245 of 273 CI TY OF WATER LOO Council Communication An O rdinanc e amending the 2008 Traffic C ode, S ec tion 544 - All Way S top Inters ections, by adding S ubsec tion (37) Walnut S treet as follows : (37) Walnut S treet from C lay S treet to E. 3rd S treet. City Council Meeting: 2/5/2018 Prepared: 1/30/2018 R EV I EWER S : Department R eviewer Action Date Traffic O perations Even, LeAnn Approved 1/31/2018 - 10:23 AM S UB J E C T: Motion to rec eive, file, c onsider and pas s for the first time an O rdinance amending the 2008 Traffic C ode, S ec tion 544 - All Way S top Inters ections, by adding S ubsec tion (37) Walnut S treet as follows : (37) Walnut S treet from C lay S treet to E. 3rd S treet. Motion to sus pend the rules . Motion to c onsider and pas s for the sec ond and third times and adopt said ordinanc e. S ubmitted by:S ubmitted By: S andie G rec o, Interim P ublic Works Director R ec ommended Ac tion:Adopt O rdinance. S ummary S tatement: T he required departure sight distanc e is 275’ but for eas tbound Walnut the available corner sight distanc e is les s than 100’. T he neighbors have reported difficulty navigating this intersec tion due to sight distanc e problems. T hey have als o reported numerous near-mis s situations. Becaus e these facts and bec ause this is an inters ection of 2 residential neighborhood c ollector streets and both have s imilar design and operating c harac teristics, 4-way stop c ontrol would improve traffic operations of the intersec tion. P olic y Issue:S trategy 2.2: Enlis t all C ity departments and s taff members in efforts to promote a s afer c ommunity. Background Information: T he neighbors have reported diffic ulty navigating this inters ection due to sight distanc e problems. T hey have als o reported numerous near-mis s situations. Page 246 of 273 CI TY OF WATER LOO Council Communication Motion approving C hange O rder No. 1 for a net increase of $3,000, to Lehman Truc king & Exc avating, Inc., in relation to demolition s ervic es at 216-220 C ommercial S treet. City Council Meeting: 2/5/2018 Prepared: 1/30/2018 R EV I EWER S : Department R eviewer Action Date P lanning & Z oning S chroeder, Aric Approved 1/31/2018 - 11:07 AM C lerk O ffice Even, LeAnn Approved 1/31/2018 - 11:20 AM ATTA C H M EN TS: D escription Type 216-220 C ommercial Street P roperty R eport C over M emo 216-220 C ommercial Street Addendum #1 C over M emo Bid Tab B ackup Material E xtra Work B ill C over M emo S ubmitted by:S ubmitted By: Noel Anderson, C ommunity P lanning and Development Direc tor R ec ommended Ac tion:Approval S ummary S tatement: T he original c ontract was approved on O ctober 9, 2017 and was for 28,630.00 for the demolition and compac tion of the bac k fill. T he Engineering Department was then going to hire a contrac tor to as phalt the area. However, the weather turned c old and the as phalt plant closed s o staff had the contrac tor put down recycled as phalt so that visitors of the S ports P lex and other downtown activities c ould park on the area over the winter. Expenditure R equired:$3,000 S ource of F unds:Nuis anc e bonds P olic y Issue:R edevelopment Page 247 of 273 P a g e 2 4 8 o f 2 7 3 P a g e 2 4 9 o f 2 7 3 P a g e 2 5 0 o f 2 7 3 Addendum # 1 216-220 Commercial Street Demolition Project Issued October 2, 2017 1. Staff has decided that the east wall abutting 224-228 Commercial Street shall be removed down to 4’ leaving the footing. 2. Remove the concrete floor entirely. 3. And that 98% Compaction is required during the backfilling of the hole. Page 251 of 273 DEMOLITION SERVICES 222 WALNUT & 216-220 COMMERCIAL STREET Bid Tab: October 5, 2017 Bidder Bid Security Engineers Estimate $35,000 Engineers Estimate $25,000 222 Walnut St 216-220 Commercial St Frickson Bros. Excavating, Evansdale, IA 5% Check $38,000 $52,000 Peterson Contractors Inc., Reinbeck, IA 5% $41,470 $52,042.50 Active Thermal Concepts, Hiawatha, IA 5% $158,343 $138,985 Lehman Trucking & Excavating, Inc., Waterloo, IA 5% $45,320 $28,630 Benton’s Sand & Gravel, Cedar Falls, IA 5% $38,900 $37,900 Page 252 of 273 P a g e 2 5 3 o f 2 7 3 P a g e 2 5 4 o f 2 7 3 CI TY OF WATER LOO Council Communication Board of Adjustment minutes of O c tober 24, 2017. City Council Meeting: 2/5/2018 Prepared: R EV I EWER S : Department R eviewer Action Date P lanning & Z oning S chroeder, Aric Approved 1/29/2018 - 4:07 P M C lerk O ffice Higby, N ancy Approved 1/30/2018 - 11:19 AM ATTA C H M EN TS: D escription Type B O A 10/24/17 minutes C over M emo S UB J E C T:Board of Adjus tment minutes of O ctober 24, 2017. S ubmitted by:S ubmitted By: Page 255 of 273 MINUTES OF THE WATERLOO BOARD OF ADJUSTMENT REGULAR MEETING HELD ON OCTOBER 24, 2017 IN THE HAROLD E. GETTY COUNCIL CHAMBERS, CITY HALL Chairperson Shimp called the regular meeting of the Waterloo Board of Adjustment to order at 4:00 p.m. Board members in attendance were: Shimp, Reisinger, Chizek , Goldsberry, and Condon. Board Members Absent: none. Staff in attendance was: Western, Dornoff, Hyberger. I. Approval of the agenda October 24, 2017 agenda. It was moved by Reisinger and seconded by Goldsberry to approve the agenda as submitted. Motion carried unanimously. II. Approval of the Minutes of the Regular Meeting on, September 26, 2017. It was moved by Goldsberry, seconded by Condon to approve the minutes of the September 26, 2017 Regular Meeting. Motion carried unanimously. III. Decision Items 1. Request by Signs By Tomorrow on behalf of MJ Holdings for three variances to allow for the replacement of the faces on a 1. pre-existing 21 SF self-illuminated sign with a translucent background when the ordinance requires signs to have an opaque background, 2. allow for a total of 75.53 SF of total signage which is 52.13 SF more than the 23.4 SF allowed within the “R-4” Multiple Family Residence District, 3. allow for signage to be placed on three walls, and located at 110 Plaza Circle. Hyberger Gave Staff Report. Reisinger asked if the signs are replacing existing signs. Hyberger stated that there are two pre-existing signs; North Western Mutual has a monument sign that does not meet the sign regulations in the “R-4” Multiple Residence District, as it was installed with a translucent face and not the required opaque face and one wall sign along Ridgeway and three new signs. Goldsberry stated that there is a second business in the rear so it makes sense to have the signs to help direct clients to right location. It was moved by Condon, seconded by Reisinger to approve the request for three variances to allow for the replacement of the faces on a 1. pre-existing 21 SF self-illuminated sign with a translucent background when the ordinance requires signs to have an opaque background, 2. allow for a total of 75.53 SF of total signage which is 52.13 SF more than the 23.4 SF allowed within the “R-4” Multiple Family Residence District, 3. allow for signage to be placed on three walls, and located at 110 Plaza Circle. The Motion Carried unanimously. 2. Request by Wes Miller for a variance to the maximum accessory structure limit to allow for the construction of a 3,600 square foot pole building, while keeping an existing 800 square foot detached garage, for a total of 4,400 square feet, 2,600 square feet over the maximum of 1,800 square feet, and to allow for 16’ height, 1’ over the maximum height of 15’, allow for metal siding in an “A-1” Agricultural District, located at 3520 Dewitt Road. Western gave staff report. Reisinger asked how many acres the site was. Western stated that it was 3 acres. The applicant spoke and explained that the space is needed to store variance tractors and trailers. Reisinger pointed out there are other ag building in the area so this request is nothing new or out of the ordinary. It was moved by Chizek, seconded by Condon to approve the request by Wes Miller, for a variance to the maximum accessory structure limit to allow for the construction of a 3,600 square foot pole building, while keeping an existing 800 square foot detached garage, for a total of 4,400 square feet, 2,600 square feet over the maximum of 1,800 square feet, and to allow for 16’ height, 1’ over the maximum height of 15’, allow for metal siding in an “A-1” Agricultural District, located at 3520 Dewitt Road. The Motion carried unanimously. Page 256 of 273 BOARD OF ADJUSTMENT October 24, 2017 Minutes 3. Request by City Builders on behalf of Debra and Mike Slater for a variance to allow for the construction of a room addition with a 7’ side yard setback, 3’ less than the minimum side yard setback of 10’ required, located at 4002 Homer Street. Western Gave Staff Report. Condon stated that he did business with the applicant Debra and Mike Slater in the past but does not feel he needs to abstain. Goldsberry asked for clarification on the setbacks. Western explained that corner has two required front yards and that the applicant could reduce the 20’ front yard setback requirement to 10’. Al Carpenter of City Builders discussed the project and pointed that there is a property nearby that has a very similar setup as the applicants. It was moved by Reisinger , seconded by Chizek to approve the request by City Builders on behalf of Debra and Mike Slater for a variance to allow for the construction of a room addition with a 7’ side yard setback, 3’ less than the minimum side yard setback of 10’ required, located at 4002 Homer Street. The Motion carried unanimously. 4. Request by Zion Lutheran Church for a special permit for the construction of a 10’x 14’ (140 SF) shed with vertical steel siding, within an “R-1” One and Two Family Residence District, located at 810 Kimball Avenue. Dornoff gave staff report. Condon referenced Planning and Zoning Minutes and asked for clarification about the vote outcome which states that there was a motion to deny the Special Permit and the motion failed. Condon asked if there should have been a second motion. Chizek verified that the only variance is for the vertical metal siding. Reisinger verified with Dornoff that the building was already constructed. Shimp stated that he did have one call opposed to the request and instructed the caller to call the Planning office. Dornoff stated that there is no record of any complaints. Dave Hamlin representative for the applicant explained that there was some confusion with the person he sent down to ask about the requirements for building shed and staff. Reisinger asked if there is a permit cost. Dornoff stated that yes there is. Goldsberry asked why there aren’t specific instructions for building sheds. Western stated that typically staff would first ask what size shed as anything 120 square feet or more can’t have vertical metal siding and needs a permit. Goldsberry stated that it appears that the applicant was “miss lead” or the right questioned weren’t aske of the applicant. Reisinger agreed stating that the applicant did come and asked for direction on building the shed and either staff or the applicant or both did not ask the right questions. Chizek stated that she thought the building looked okay to her as it matches the church. Goldsberry stated that approving still sets precedence which is her concern. Reisinger stated that it may not set precedence because the applicant did come and ask questions and was not given all the information needed. Therefore, there are mitigating circumstances with this request. Goldsberry stated that size of the structure should have been discussed because I personally would not have known that a shed over 120 square feet can’t have vertical metal siding and that is something staff should have informed the applicant of. Condon asked if there was a building permit. Dornoff said no. Condon asked if there will be one issued. The churches representative stated that he will get a permit if the variance is approved. Shimp asked what it would cost to change the siding to something that is allowed. The church representative stated that all the money for the building has been spent. Condon stated he didn’t believe the request was a big deal but is there any other screening that could be installed; discussion ensued. It was moved by Reisinger , seconded by Goldsberry to approve Request by Zion Lutheran Church for a special permit for the construction of a 10’x 14’ (140 SF) shed with vertical steel siding, within an “R-1” One and Two Family Residence District, located at 810 Kimball Avenue. The Motion Carried unanimously. Page 257 of 273 BOARD OF ADJUSTMENT October 24, 2017 Minutes Discussion December 26, 2017 meeting and the ability to have a quoram. IV. Adjournment It was moved by Reisinger, seconded by Goldsberry, to adjourn the meeting at 4:46 p.m. Motion carried unanimously. Sincerely, Chris W. Western Planner II/Brownfield Coordinator Page 258 of 273 CI TY OF WATER LOO Council Communication P lanning, P rogramming & Zoning minutes of Dec ember 5, 2017. City Council Meeting: 2/5/2018 Prepared: R EV I EWER S : Department R eviewer Action Date P lanning & Z oning S chroeder, Aric Approved 1/29/2018 - 4:21 P M C lerk O ffice Higby, N ancy Approved 1/30/2018 - 11:18 AM ATTA C H M EN TS: D escription Type P &Z minutes 12/5/17 C over M emo S UB J E C T:P lanning, P rogramming & Zoning minutes of December 5, 2017. S ubmitted by:S ubmitted By: Page 259 of 273 MINUTES CITY OF WATERLOO, IOWA PLANNING, PROGRAMMING AND ZONING COMMISSION REGULAR MEETING - 4:00 P.M. DECEMBER 5, 2017 The regular meeting of the Waterloo Planning, Programming, and Zoning Commission was called to order by Chairperson Holdiman at 4:02 p.m. in the Harold E. Getty Council Chambers at Waterloo City Hall. Members present were: Castle, Donat, Flynn, Holdiman Tyson and Wilber. Members absent were: Buttgen, Hall, and Miehe. Others present: Noel Anderson, Aric Schroeder, Chris Western, Tim Andera, John Dornoff and Seth Hyberger – Planning Department, and three citizens. I.Approval of the Agenda It was moved by Tyson, seconded by Castle to approve the agenda as submitted. Motion carried unanimously. II. Approval of the Minutes from the Regular Meeting on November 14, 2017 Regular Meeting It was moved by Donat, seconded by Wilber to approve the minutes as amended. Motion carried unanimously. III. Financial Report: October 2017 Schroeder gave the staff report indicating that the budget looks to be on track for this particular time of the year. There were no questions or comments from the Commission. It was moved by Donat, seconded by Flynn to receive and place the financial report for October 2017 on file. Motion carried unanimously. IV.Oral Presentations No Oral Presentations. A. Hearings – Rezones/Site Plan Amendments 1. Request by Black Hawk Economic Development, Inc. to rezone approximately 3.49 acres of land from “A-1” Agricultural District to “M-1” Light Industrial District, located at and adjacent to 200 Nevada Street. It was moved by Flynn and seconded by Donat to receive and place on file the statement of verification at 4:05 p.m. Motion carried unanimously and Donat declared the hearing open. Andera gave the staff report indicating that staff was recommending approval of the rezoning request and it would not negatively impact the surrounding area, it would be in compliance with the Future Land Use Map and Comprehensive Plan for this area and it would rezone additional land to an industrial district which would allow for the expansion of existing businesses without the need to go through a variance process and make the area suitable for new light industrial uses. There were no questions or comments over the request. It was moved by Flynn, seconded by Tyson to close the Public Hearing. Motion carried unanimously, and the public hearing was closed at 4:11 p.m. Page 260 of 273 Planning and Zoning Commission December 5, 2017 - 2 - It was moved by Donat, seconded by Castle to approve the rezone request located at and adjacent to 200 Nevada Street. Motion carried unanimously. B. Vacates 1. Request by Roger Kalsem to vacate approximately 6,670 square feet of Azalea Drive right-of-way, located adjacent to 3325 Thistledown Drive. Hyberger gave the staff report, noting that staff was recommending approval of the vacate request with the conditions that 1) there be a retention of a utility easement over the southeasterly 10’ area to be vacated, 2) that removal of the concrete for the turnaround with new curb and sidewalk installed, but said removal will not occur until the time when Thistledown Drive is extended, or an alternate turnaround is provided, 3) that approximately 80’ of 8” water main that extends into the Azalea Drive vacate area shall be capped and removed, and 4) that sidewalk shall be installed along the right-of-way of Thistledown Drive upon removal of the existing turnaround, except that for any portion of the vacate incorporated into a subdivision shall have sidewalk installed in accordance with the deed of dedication of said subdivision, or within five years of conveyance by the City, whichever occurs first. Flynn questioned who would be responsible for capping and removal of the 8” water main. Hyberger indicated that the applicant would be responsible for covering those costs to do so. Donat questioned if the concerns raised in the Tech Notes have been addressed. Hyberger indicated that the proposed four conditions on the request should cover any concerns from the Technical Review Committee meeting. Schroeder noted that the property owner at 3325 Thistledown Drive is proposing to purchase their half of Azaela Drive right-of-way and the applicant would purchase the northeasterly portion. It was moved by Donat, seconded by Tyson to approve the vacate request located adjacent to 3325 Thistledown Drive, with the following conditions that 1) there be a retention of a utility easement over the southeasterly 10’ area to be vacated, 2) that removal of the concrete for the turnaround with new curb and sidewalk installed, but said removal will not occur until the time when Thistledown Drive is extended, or an alternate turnaround is provided, 3) that approximately 80’ of 8” water main that extends into the Azalea Drive vacate area shall be capped and removed, and 4) that sidewalk shall be installed along the right-of-way of Thistledown Drive upon removal of the existing turnaround, except that for any portion of the vacate incorporated into a subdivision shall have sidewalk installed in accordance with the deed of dedication of said subdivision, or within five years of conveyance by the City, whichever occurs first. Motion carried unanimously. 2. Request by the City of Waterloo to vacate approximately 4,518 square feet of Idaho Street right- of-way, located at the northeast corner of Idaho Street and Martin Luther King, Jr. Drive. Dornoff gave the staff report indicating that staff is recommending approval of the vacate request as it would negatively impact the surrounding area and the right-of-way appears to no longer be needed for any current or future transportation needs. Donat questioned if there were any concerns with the drainage way that goes through a portion of the vacate area. Dornoff said there are no concerns at this time, however, when the adjacent property comes back before the commission for a site plan amendment request for a new development, it will need to be addressed then. Page 261 of 273 Planning and Zoning Commission December 5, 2017 - 3 - It was moved by Castle, seconded by Flynn to approve the vacate request located at the northeast corner of Idaho Street and Martin Luther King, Jr. Drive. Motion carried unanimously. C. Plans and Studies 1. Request by the City of Waterloo to adopt the Waterloo Regional Airport Zoning Ordinance. Brian Schoon, Iowa Northland Regional Council of Governments (INRCOG), indicated that their organization was charged with creating the airport zoning ordinance and they worked with the Iowa Department of Transportation (IDOT). Schoon indicated that it is an overlay ordinance that is replacing a current ordinance, and impacts the three jurisdictions of Waterloo, Cedar Falls and Black Hawk County and staff from those three different jurisdictions would enforce the two different review processes under the ordinance. Schoon indicated that the purpose of the ordinance is meant to provide a protective measure primarily of the height of structures in proximity to the airport. Schoon noted that there are five categories in the new ordinance, which are A, B, C, D and E, and these categories are in addition to the already existing ordinances that the jurisdictions have in place, such as a zoning ordinance or subdivision ordinance. Schoon noted that within the five categories there are three more categories for each, which is Compatible (C), Non-Compatible (NC) and Additional Review (AR). Schoon noted that under the new ordinance there are two new bodies of review, which are the Airport Planning and Zoning Commission and the Airport Board of Adjustment. Schoon indicated that two members of each jurisdiction’s planning commission would be on the Airport Planning and Zoning Commission and two members or each jurisdiction’s board of adjustment would be Airport Board of Adjustment. Schoon noted that the seventh member to each of the two new commissions would be the Airport Director. Schoon indicated that the map that was submitted works almost like a bowl, with the runways being at the bottom of the bowl, and as you get out further from the airport, the sides of the bowl slope up, with there being a maximum height in Zone C, and the heights go higher for Zones D and E. Flynn questioned if different parameters are used for a smaller regional airport like Waterloo compared too much larger airports. Schoon indicated that regulations are setup based on the level of service of a runway, and there is more instrumentation associated with a runway, the more regulations there will be. Schoon noted that the longest runway at the airport has the most instrumentation, therefore, the most regulation is applied to this runway. Donat indicated that he did not have much experience in what is currently being discussed. Schroeder noted that it is hoped that the Airport Planning and Zoning Commission and Airport Board of Adjustment will not have to meet very often. Flynn indicated that she is favorable of having the Airport Director as being the seventh person on each board and they can bring their experience and expertise to the table. Schoon noted that IDOT was acceptable of having a staff member (Airport Director) on each board. Donat indicated that there is already an airport ordinance in place and questioned who was responsible then for what is currently being proposed in the new ordinance, such as reviewing requests. Schoon noted it was difficult in determining who were in the roles under the previous ordinance and that ordinance began in approximately 1957 or 1959 and those on the board back then have by now had their terms expire. Schoon noted that with readopting a new ordinance will reset things and it will be then known who is or will be on those reviewing bodies. Schroeder noted that due to the City of Waterloo owning and funding the airport, there have been questions on whether the City should have more representation on the two boards, however, there could be some state code issues by doing so by ensuring equal representation. Schroeder noted that with having the Airport Director on each board, there appears to be a one person advantage for the City of Waterloo. Page 262 of 273 Planning and Zoning Commission December 5, 2017 - 4 - Donat questioned if the Planning and Zoning Commission needs to approve the members for the Airport Planning and Zoning Commission. Schroeder noted that the members would be appointed by the City Council. It was moved by Flynn, seconded by Tyson to approve the Waterloo Airport Zoning Ordinance. Motion carried unanimously. V. Discussion 1. Potential Zoning Ordinance amendment regarding fireworks sales. Schroeder indicated that this was just put on the agenda for discussion purposes and wants to get the thoughts of the Commission on this subject. Schroeder indicated that on December 4, 2017, the City Council passed the first reading of an ordinance for fireworks that addresses the use of fireworks within the city limits, which proposes to ban their use in the City, and the second aspect would address the sales of fireworks within the city limits. Schroeder noted that in the proposed ordinance it is being looked at to restricting the sales of fireworks to industrially zoned districts only. Schroeder noted that if the ordinance is passed by the City Council restricting the sales to industrially zoned areas, the Zoning Ordinance may need to be amended to specifically address firework sales in the industrial districts only. Schroeder noted that the sale of fireworks is not specifically listed in the Zoning Ordinance, however, it is no different than a retail sales use, which is permitted in the commercially zoned districts. Donat questioned what the state legislature did regarding fireworks and how it impact what the City of Waterloo does. Schroeder indicated that there are a lot of unknowns surrounding that and the legislation governing fireworks was passed quickly without a lot of comment, however, the law does allow municipalities to be more restrictive on the use of fireworks, and apply zoning regulations on the sales. Tyson noted that commercial uses such as VGM and Sunnyside Country Club have fireworks displays and how are those different. Schroeder indicated that there are different classes of fireworks and a large event fireworks display done by VGM and Sunnyside Country Club are display fireworks and are regulated separately under state code. Schroeder indicated that in order to shoot off display fireworks you have to obtain a permit from a local authority and be a certified pyro-technician. Schroeder noted that below display fireworks are consumer fireworks, which are separated into two different classes, and then below that are novelty fireworks, like sparklers. Castle questioned if there would be any updating of the building code for buildings that sell and house fireworks. Schroeder noted that he would have to ask that question to the Building Office and Fire Marshal. Wilber questioned how it would be addressed if firework sales are limited to industrial zones but still in close proximity to residential uses. Castle mentioned that building code may play a big factor in addressing that. VI. Election of a Chairperson and Vice Chairperson for the term ending December 31, 2018. Donat noted that he would offer his name for Vice Chairperson. Tyson noted that he was support of Castle being the Chairperson. Castle noted she would be willing if no one else was interested in the position. Castle questioned if her not being a Waterloo resident was problematic to be the Chairperson of the Commission. Schroeder noted that it was not problematic and membership to be on the Commission is for people who live or work in Waterloo. Page 263 of 273 Planning and Zoning Commission December 5, 2017 - 5 - Flynn noted she is a Waterloo resident and she gets concerned when people represent Waterloo but live in a different city. Flynn noted that Holdiman lives in Waterloo and she would be more willing to vote for him as Chairperson. It was moved by Tyson, seconded by Wilber to elect Castle as Chairperson for the term ending December 31, 2018. Motion failed 3-3 with Donat, Flynn and Holdiman against. It was moved by Flynn, seconded by Tyson to elect Holdiman as Chairperson for the term ending December 31, 2018. Motion carried unanimously. It was moved by Wilber, seconded by Flynn to elect Donat as Vice Chairperson for the term ending December 31, 2018. Motion carried unanimously. VII. Adjournment It was moved by Flynn, seconded by Wilber, to adjourn the meeting at 5:18 p.m. Motion carried unanimously. Respectfully submitted, Tim Andera, Planner II Page 264 of 273 CI TY OF WATER LOO Council Communication His toric P reservation C ommission minutes of December 19, 2017. City Council Meeting: 2/5/2018 Prepared: R EV I EWER S : Department R eviewer Action Date P lanning & Z oning S chroeder, Aric Approved 1/29/2018 - 4:07 P M C lerk O ffice Higby, N ancy Approved 1/30/2018 - 11:19 AM ATTA C H M EN TS: D escription Type H P 12/19/17 minutes C over M emo S UB J E C T:Historic P res ervation C ommis s ion minutes of Dec ember 19, 2017. S ubmitted by:S ubmitted By: Page 265 of 273 - 1 - WATERLOO HISTORIC PRESERVATION COMMISSION REGULAR MEETING – December 19, 2017– 4:30 P.M. Mollenhoff Conference Room, City Hall Ottesen called the regular meeting of the City of Waterloo Historic Preservation Commission meeting to order at 4:31 p.m. Commission Members in attendance were: Ottesen, Price, Jenson, Stevens, Jaacks and Miller. Commission Member(s) absent were: Orlando. Others Present: Pat Morrissey – City Council Representative, E.J. Gallagher – Grout Museum, and John Dornoff – Planning Staff Approval of Agenda Motion made by Price, seconded by Miller to approve the agenda of the December 19, 2017 regular meeting. Motion carried unanimously. Approval of Minutes Motion made by Price seconded by Miller to approve the minutes of the November 21, 2017 regular meeting. Motion carried unanimously. Hearings Certificate of No Material Change for the Renssalaer Russell House: Dornoff noted that due to a badly installed gutter there has been some damage to the Renssalaer Russell House and they are currently looking to do repairs to it. They are also looking to change the type of wood on the front porch into a more sturdier wood but it will have the same color paint so it will be difficult to tell the difference. Motion made by Jenson seconded by Price to approve the Certificate of No Material Change for the Renssalaer Russell House. Motion carried unanimously. Dornoff noted that although the grant application for the Community Foundation is not due until the March 31st, only one group within the city can apply for the grant so it is important to let the Mayor and other organizations know the commission’s intentions on applying for the grant. Miller noted that the street lights in Highland need to Powder Coated and requested that be in the grant application. Motion made by Price seconded by Jenson to approve applying for a Grant from the Community Foundation and to have a project list presented at the next meeting. Motion carried unanimously. Reports 1. Main Street Ottesen noted that the deadline has been extended for the Executive Director position due to the lack of qualified candidates. Page 266 of 273 - 2 - 2. Silos and Smokestacks. Silos and Smokestacks congratulated the commission on getting the CLG Grant. 3. Grout Museum Gallagher had no report for this month. 4. Rath Administration Update Dornoff noted that the city now has title back to the Rath building and that he along with KWWL toured the building. It was also noted that there is a couple of developers interested in the building so hopefully something positive will come of it. 5. Walnut Survey Dornoff noted that Louis Berger was delayed in doing their on the ground surveys but they have now been done and they hope to have some recommendations by the end of January. 6. Highland Miller noted that the Cedar Falls Historic Preservation Commission will be meeting at the Duke Young room at the Cedar Falls City Hall on January 10th which is the second Wednesday of the month at 4pm and the Waterloo Historic Commission has been invited to attend. Miller also asked who was responsible for Independence, whether it was still a state highway or the city since the neighborhood would like to see additional street lights put in. The neighborhood is looking to Nagle signs for the district plaques which will cost approximately $358 plus shipping and handling and come in a variety of styles. Discussion Items/Possible Actin Items 1. Grants Dornoff said that the commission has received a $10,000 grant from the State of Iowa which will be used for a survey of the Smokey Row area. While the grant will not pay for the entire amount of the survey, due to the amount of vacant lots in the area it should cover a good area. Also the commission will try to get funding from the planning department. 2. Presentation at Iowa State University Dornoff attended a presentation at Iowa State University which featured a speaker from the State of Michigan whose organization has done work in such cities as Detroit and Flint. There was several takeaways included requiring landlords to register their empty buildings, fining them if they do not and do not board up the home, and other ways to help the neighborhoods. Another important project that was done was to bring in experts to talk about rehabilitation of historic properties because often times a contractor can make more money replacing than fixing but often times the original windows and such can be fixed. Page 267 of 273 - 3 - 3. Following the Ordinance in Meetings? Dornoff said that Councilperson Amos told him and Anderson that he did not feel that the commission was following the Ordinance. Dornoff went through the Ordinance and did not find any things that the commission seemed to be doing that violated the ordinance. Dornoff did however note that the commission is supposed to be giving yearly updates to the City Council and thought that with new commissioners that it would be a good idea if that was done soon so the commission will propose a work session with the council after the first of the year. 4. Design Guidelines Ottesen had a hand out that broke down the 2012 design guidelines and the new Secretary of the Interior Design Guidelines dividing each section to different commissioners. Ottesen noted that the commission should mainly focus on the rehabilitation sections that begin on page 75. The goal will be to have each member of the commission look over the guidelines over the next month. 5. Thank you Letter Proposal Jenson proposed that the commission send out Thank You letters to those doing work on historic buildings to tell them that the commission appreciates the work that is done to preserve the historic treasures. 6. CIP 2019-2023 Dornoff noted that the CIP process should be starting its full swing in the next couple of weeks. It was recommended that letters of support be sent out if you feel strongly about a project. 7. Most Endangered Building List 2018 Dornoff requested that any suggestions for Most Endangered Buildings be sent to him before the next meeting so it can be voted on and the information gathered in time for the Awards Banquet. 8. City owned properties/Demo List The house at 312 Clay is being bought by a private party and going to be fixed up. It was also noted that Habitat for Humanity is looking to purchase some properties in the Walnut District to fix them up. 9. Action Plan Dornoff noted that the commission is red on a few items but once the grant to the Community Foundation is done that will put that item in the green. 10. Banquet 2018 Dornoff noted that he found an old form that was used for nominations for awards and will reuse that form to make it easier to prepare everything. Discussion about having it at the Center for the Arts again although this time not when the Girls Night Out is. 11. School Art Project No Update Page 268 of 273 - 4 - 12. Survey form filing and Data Entry Update Dornoff noted that he has gone through the 1985 survey forms and found that 14.88% of the survey properties have been demolished. However he did note that there is 1281 “B” rated and 80 “A” rated properties that still stand and will be attempting to map those in the coming months. 13. Election of Chairman and Vice Chairman Motion made by Jenson seconded by Jaacks to nominate Ottesen as Chairperson of the City of Waterloo Historical Preservation Commission for 2018. Motion carried unanimously. Motion made by Jaacks seconded by Price to nominate Jenson as Vice-Chairperson of the City of Waterloo Historical Preservation Commission for 2018. Motion carried unanimously. Adjournment Ottesen adjourned the meeting at 5:38 p.m. Respectfully submitted, John Dornoff Planner I Page 269 of 273 CI TY OF WATER LOO Council Communication C ommunication from the Waterloo P ublic Library on the notic e of the c onc lusion of employment for C heryl B. S c holl, Library As s is tant, effec tive Dec ember 30, 2017 with recommendation of approval of payout of $5,445.02 for unus ed benefits. City Council Meeting: 2/5/2018 Prepared: R EV I EWER S : Department R eviewer Action Date Human Resources Dunn, L ance Approved 1/23/2018 - 3:42 P M C lerk O ffice Higby, N ancy Approved 1/23/2018 - 5:06 P M ATTA C H M EN TS: D escription Type S UB J E C T: C ommunic ation from the Waterloo P ublic Library on the notice of the c onc lusion of employment for C heryl B. S c holl, Library As s is tant, effec tive Dec ember 30, 2017 with recommendation of approval of payout of $5,445.02 for unused benefits . S ubmitted by:S ubmitted By: Page 270 of 273 P a g e 2 7 1 o f 2 7 3 CI TY OF WATER LOO Council Communication C ommunication from the Waterloo S treet Department on the notic e of the c onc lusion of employment for Mark Lane, S treet F oreman, effec tive Dec ember 29, 2017 with recommendation of approval of payout of $11,984.00 for unus ed benefits. City Council Meeting: 2/5/2018 Prepared: R EV I EWER S : Department R eviewer Action Date Human Resources Dunn, L ance Approved 1/23/2018 - 3:44 P M C lerk O ffice Higby, N ancy Approved 1/23/2018 - 5:07 P M ATTA C H M EN TS: D escription Type S UB J E C T: C ommunic ation from the Waterloo S treet Department on the notice of the c onc lusion of employment for Mark Lane, S treet F oreman, effec tive Dec ember 29, 2017 with recommendation of approval of payout of $11,984.00 for unused benefits . S ubmitted by:S ubmitted By: Page 272 of 273 P a g e 2 7 3 o f 2 7 3