HomeMy WebLinkAboutCouncil Packet - 1/22/2019THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA,
REGULAR SESSION TO BE HELD AT
THE HAROLD E. GETTY COUNCIL CHAMBERS
Tuesday, January 22, 2019
5:30 PM
CITY OF WATERLOO
GOALS
1. Support the creation of new, livable wage jobs through a balanced economic development
approach of assisting existing businesses, fostering start-ups, attracting new employers and
cultivating an adequate workforce.
2. Implement a Community Policing strategy that creates a safe environment in Waterloo.
3. Reduce the City's property tax levies through a responsible balance of cost reduction in
City operations and increases in taxable property valuations to ensure that Waterloo is a
competitive, affordable, and livable city.
4. Enhance the image of Waterloo and the City to residents and businesses inside and outside
of the community.
General Rules for Public Participation
1. At the chair/presider's discretion, you may address an item on the current agenda by
stepping to the podium, and after recognition by the chair/presider, state your name,
address and group affiliation (if appropriate) and speak clearly into the microphone.
2. You may speak one (1) time per item for a maximum of five (5) minutes as long as you
have registered with the City Clerk's office no later than 4:00 p.m. on the day of the
Council Meeting. If not registered with the City Clerk's office you may speak one (1) time
per item for a maximum of three (3) minutes.
3. If there is a hearing scheduled as part of an agenda item, the chair/presider will allow
everyone who wishes to address the council, using the same participation guidelines found
in these "general rules".
4. Although not required by city code of ordinances, oral presentations may be allowed at the
chair/presider's (usually the Mayor or Mayor Pro Tem) discretion. The "oral presentations"
section of the agenda is your opportunity to address items not on the agenda. You may
speak one (1) time for a maximum of five (5) minutes as long as you have registered with
the City Clerk's office no later than 4:00 p.m. on the day of the Council Meeting. If not
registered with the City Clerk's office a speaker may speak to one (1) issue per meeting for
a maximum of three (3) minutes. Official action cannot be taken by the Council at that time,
but may be placed on a future agenda or referred to the appropriate depaitment.
5. Keep comments germane and refrain from personal, impertinent or slanderous remarks.
6. Questions concerning these rules or any agenda item may be directed to the Clerk's Office
at 291-4323.
7. Citizens are encouraged to register with the Clerk's Office by 4:00 p.m. on Monday of the
day of the City Council meeting to appear before the City Council (may also register by
phone). Registered speakers will be given first priority.
Page 1 of 195
Roll Call.
Prayer or Moment of Silence
Pledge of Allegiance
Chris Youngblut, Director of Technology
Agenda, as proposed or amended.
Minutes of January 14, 2019, Regular Session, as proposed.
ORAL PRESENTATIONS
Iowa Code Chapter 21 gives the public the right to attend council meetings but it
does not require cities to allow public participation except during public hearings.
The City of Waterloo encourages the public to participate during the Oral
Presentations by following the rules listed on the front of the agenda.
1. Consent Agenda:
(The following items will be acted upon by voice vote on a single motion without
separate discussion, unless someone from the council or public requests that a
specific item be considered separately.)
A. Resolution to approve the following:
1. Bills Payment, Finance Committee Invoice Summary Report, a copy of which is on
file in the office of the City Clerk.
2. Resolution approving Order accepting Acknowledgment/Settlement Agreement
and check in the amount of $300 from Casey's, 51 E. Tower Park Drive, Waterloo,
Iowa for sale of tobacco to minor -first offense.
Submitted By: David R. Zellhoefer, City Attorney
3. Resolution approving preliminary plans, specifications, form of contract, etc. and
setting date of bid opening as February 14, 2019 and date of public hearing
as February 18, 2019 for the FY 2019 Bridge Repairs - Dubuque Road over
Blowers Creek and Greenhill Road over Trolley Car Trail, Contract No. 959, and
instruct City Clerk to publish notice.
Submitted By: Wayne Castle, PLS, PE, Associate Engineer
4. Resolution setting a date of public hearing as February 4, 2019 for a request by
Wade Fleming to rezone 4.79 acres from "R-3" Multiple Residence District and
"C-2" Commercial District to "C-2" Commercial District located north of 1685
Independence Avenue, and instruct City Clerk to publish notice.
Submitted By: Noel Anderson, Community Planning & Development Director
5. Resolution setting date of public hearing as February 4, 2019 to approve an
amendment to the City of Waterloo Zoning Ordinance No. 5079 regulating the
sale of fireworks, and authorize the City Clerk to publish notice.
Submitted By: Aric Schroeder, City Planner
Page 2 of 195
6. Resolution approving cancellation of assessment for 636 Hickory Street, in the
amount of $1,564 for repairs to the service line, 1016 Forest Avenue, in the
amount of $63.85 ($53.35 Sewer and $10.50 Garbage), and 1526 Byron Avenue,
in the amount of $233.95 ($112.93 Sewer, $21.81 Storm and $99.21 garbage) and
authorize City Clerk to notify Black Hawk County Treasurer of said cancellation.
Submitted By: Kelley Felchle, City Clerk
B. Motion to approve the following:
1. TRAVEL REQUESTS
a. Mayor Quentin Hart
Class/Meeting: Cedar Valley Coalition
Destination: Washington, D.C.
Dates: April 29 - May 1, Amount not to exceed: $1,850
2019
2. LIQUOR LICENSES
a. Cedar Valley Fish Market, 218 Division Street
Class: B Beer
Renewal Application Does not include Sunday
Expiration Date: 1/25/20
b. Liquor and Tobacco Outlet, 2844 University Avenue
Class: B Wine / C Beer / E Liquor
Renewal Application Includes Sunday
Expiration Date: 1/31/20
c. Veteran's of Foreign Wars Club Post 1623, 1406 Commercial Street
Class: A Liquor w/Outdoor Service
Renewal Application Includes Sunday
Expiration Date: 1/14/20
d. XO Food & Liquor, 428 Franklin Street
Class: E Liquor
Renewal Application Includes Sunday
Expiration Date: 12/14/19
e. XO Food & Liquor, 428 Franklin Street
Class: B Wine / C Beer
Renewal Application Includes Sunday
Expiration Date: 12/14/19
3. Cigarette/Tobacco Permit New Application for Romantix Adult Emporium, 1507 N.
LaPorte Road.
RESOLUTIONS
2. Resolution approving a grant application to the Wellmark Foundation in the amount of
$100,000 in conjunction with the Waterloo Skatepark Project.
Submitted By: Travis Nichols, Facilities and Projects Manager
Page 3 of 195
3. Resolution approving the Iowa Certified Local Government 2018 Annual Report and
authorize the Mayor and Planning Staff to execute said document.
Submitted By: Noel Anderson, Community Planning and Development Director
4. Resolution approving a Development Agreement and Minimum Assessment Agreement
with Cedar Valley Real Estate, LLC for the redevelopment of a mixed use building
located at 300-304 Commercial Street, with a tax rebate amount of 70% for a term of
fifteen years and a grant of $300,000, with a minimum assessment of $1,300,000 and
authorize the Mayor and City Clerk to execute said document.
Submitted By: Noel Anderson, Commuity Planning and Development Director
5. Resolution approving request for Release of Reversionary Rights pertaining to a
Development Agreement with LG Companies, LLC, for the construction of one new
single-family home located at 1935 Rainbow Drive, and authorize the Mayor and City
Clerk to execute said document.
Submitted By: Noel Anderson, Community Planning & Development Director
6. Resolution approving Design Guidelines for Historic Buildings created by the Historic
Preservation Commission.
Submitted By: Noel Anderson, Community Planning & Development Director
ORDINANCES
7. Request by the City of Waterloo to vacate a 7,500 square foot portion of Bluff
Street right-of-way, located between West 13th and 14th Streets, subject to the
retention of a utility easement over a portion of the area to be vacated.
Motion to receive, file, consider and pass for the pass for the third time an Ordinance
approving a request to vacate a 7,500 square foot portion of Bluff Street right-of-way,
located between West 13th and 14th Streets, subject to the retention of a utility
easement over a portion of the area to be vacated.
Submitted By: Noel Anderson, Community Planning & Development Director
8. Request by the City of Waterloo to vacate a 65,490 square foot portion of Airline
Highway west of 3070 W. Airline Highway.
Motion to receive, file, consider and pass for the third time an Ordinance approving a
request by the City of Waterloo to vacate a 65,490 square foot portion of Airline
Highway west of 3070 W. Airline Highway.
Submitted By: Noel Anderson, Community Planning and Development Director
9. An ordinance repealing and replacing Title Three, Chapter Four, Article A
Pawnbrokers.
Motion to receive, file, consider, and pass for the first time amending the City of
Waterloo Code of Ordinances by repealing Title Three, Chapter Four, Article A
Pawnbrokers, and replacing it with a new Title Three, Chapter Four, Article A
Pawnbrokers.
Motion to suspend the rules.
Motion to receive, file, consider, and pass for the second and third times and adopt said
ordinance.
Page 4 of 195
Submitted By: Major Joe Leibold
OTHER COUNCIL BUSINESS
10. Motion approving Change Order No. 1, in the amount of $39,237.42 in
conjunction with the Waterloo Waste Water Treatment Plant Equalization Basin
Overflow Line, Contract No. 880, and authorize the Mayor and City Clerk to
execute said document.
Submitted By: Steve Hoambrecker, Waste Management Services Director
ADJOURNMENT
Motion to adjourn.
Kelley Felchle
City Clerk
MEETINGS
3:55 p.m. Work Session, Harold E. Getty Council Chambers
4:45 p.m. Housing Authority Board, Harold E. Getty Council Chambers
5:10 p.m. Finance Committee, Harold E. Getty Council Chambers
PUBLIC INFORMATION
1. Communication from the Public Works Department on the notice of the conclusion of
employment for Donna Balk, Administrative Secretary, effective December 31, 2018
with recommendation of approval of payout of $12,897.43 for unused benefits.
2. Community Development Board Meeting Minutes December 2018
Page 5 of 195
CITY OF WATERLOO
Council Communication
Minutes ofJanuary 14, 2019, Regular Session, as proposed.
City Council Meeting: 1/22/2019
Prepared:
REVIEWERS:
Department Reviewer Action Date
(k ri
.)1h e ..Nancy Approved i/i 5/2,1ii
ATTACHMENTS:
Description Type
D Minutes' of' /14/1.9 Backup Ma i
Submitted by: Submitted By:
DN4
Page 6 of 195
January 14, 2019
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 14, 2019. Mayor Quentin Hart in the Chair. Roll Call:
Jacobs, Morrissey, Klein, Amos, Schmitt, and Juon. Feuss arrived at 5:36 p.m.
Prayer or Moment of Silence.
Pledge of Allegiance: Bruce Jacobs, Ward 2 Council Member
145747 - Juon/Schmitt
that the Agenda, as proposed, for the Regular Session on Monday, January 14, 2019, at 5:30 p.m.,
be accepted and approved. Voice vote -Ayes: Seven. Motion carried.
145748 - Juon/Schmitt
that the Minutes, as proposed, for the Regular Session on Monday, January 7, 2019, at 5:30 p.m., be
accepted and approved. Voice vote -Ayes: Seven. Motion carried.
Proclamation to Join in National Observance of Dr. Martin Luther King, Jr.'s Birthday January 21,
2019.
Recognition of Cunningham School of Excellence Carolers.
ORAL PRESENTATIONS
Lawrence Wheeler, 433 Bratnober, commented that six lights on River Road from Black Hawk to
Conger are out. Several lights on the 18th Street Bridge are not lit. He further stated that people
need to fly very soon since the TSA will be impacted by the government shutdown.
David Dryer, 3145 W. 4th Street, questioned why the city is sending someone to Washington D.C.
for the Cedar Valley Coalition trip. He also commented that the Courier reported that the city's cash
reserves shrunk again and that the city needs to get control of spending and that employees should be
rewarded on a merit system.
Todd Obadal, 124 Amity Drive, commented that last week there was discussion about when the
rules should be suspended. He stated that the council should always suspend the rules to make sure
that items are reviewed adequately.
145749 - Juon/Schmitt
that the above oral comments be received and placed on file. Voice vote -Ayes: Seven. Motion
carried.
CONSENT AGENDA
145750 - Juon/Schmitt
that the following items on the consent agenda be received, placed on file and approved:
a. Resolutions to approve the following:
January 14, 2019 Page 2
1
3. Resolution approving preliminary plans, specifications, bid documents, etc. and setting date
of bid opening as February 7, 2019, and date of public hearing as February 11, 2019, in
conjunction with the 2018 Remedial Actions - Phase IIIB, Contract No. 949, and instruct
City Clerk to publish said notice.
Resolution adopted and upon approval by Mayor assigned No. 2019-22.
4. Resolution approving preliminary plans, specifications, bid documents, etc. and setting date
of bid opening as February 7, 2019, and date of public hearing as February 11, 2019, in
conjunction with the FY 2019 CIP Pipelining Phase IIIC, Contract No. 962, and instruct City
Clerk to publish said notice.
Resolution adopted and upon approval by Mayor assigned No. 2019-23.
5. Resolution setting the date of public hearing as February 4, 2019 to approve preliminary
plans, specifications, form of contract, etc. and setting the date of bid opening as January 31,
2019 for asbestos survey services at: 2127 E. 4th Street (Rectory only), 419 Lane Street, 800
W. 2nd Street, 614 W. 7th Street, 536 Dawson Street, 623 W. 2nd Street, 411 E. 8th Street,
328 W. 14th Street, 1211 Sycamore Street, 1420 Commercial Street, 1422 Commercial
Street, 1426 Commercial Street, 1430 Commercial Street, 421 Logan Avenue and 154
Harrison Street, and instruct City Clerk to publish said notice.
Resolution adopted and upon approval by Mayor assigned No. 2019-24.
6. Resolution approving preliminary specifications, bid documents, etc., and setting the date of
bid opening as January 31, 2019 and date of public hearing as February 4, 2019 for the
purchase of one new One -Ton Truck with Dump Body, and instruct City Clerk to publish
said notice.
Resolution adopted and upon approval by Mayor assigned No. 2019-25.
b. Motion to approve the following:
a.
b.
c.
d.
Travel Requests
Name & Title of
Personnel
Class/Meeting
Destination
Date(s)
Amount
not to
Exceed
Bob Lentzkow,
Combination Inspector
International Code
Council - Residential
Plumbing Inspector
Exams
Online Exam
(2)
December 7 &
27, 2018
$418
Elizabeth Andrews,
Registrar
Picking up artwork
Goshen, IN
January 22-23,
2019
$255
Christa Reuel, Artist
Waterloo, IA (from
Goshen, IN)
Waterloo, IA
(from Goshen,
IN)
January 23-27,
2019
$300
Noel Anderson,
Community Planning
& Development
2019 Cedar Valley
Coalition
Washington,
D.C.
April 29 - May
1, 2019
$1,920
January 14, 2019
c.
d.
e.
f.
g.
Page 3
Five Sullivan Brothers
Convention Center, 200 W.
4th Street
C Liquor
Renewal
4/30/2019
x
Golf Headquarters, 1850 W.
Ridgeway Avenue
B Beer
Renewal
12/30/2019
x
Prime Mart, 3535 Marigold
Drive
B Wine / C Beer / E
Liquor
Renewal
1/19/2020
x
S.A.C.'s Neighborhood Pub,
2000 Hawthorne Avenue
C Liquor
w/Outdoor Service
Renewal
1/31/2019
x
Scoreboard Bar & Grill, 814
LaPorte Road
C Liquor
w/Outdoor Service
Renewal
3/31/2019
x
3. Mayor Hart's recommendation of the following appointments:
Appointee
Board/Commission
Expiration
Date
New or
Re -Appointment
Eric Donat
Human Rights
01/01/2022
Re -Appointment
Andrew VanFleet
Telecommunications
Board
1/14/2025
New
4. Recommendation of appointment of Jamie Knutson, to the position of City Engineer, effective
January 15, 2019.
5. Recommendation of appointment of Camille Burkle, from the Civil Service list, to the position of
Events Coordinator, effective January 22, 2019.
6. Recommendation of appointment of Jesse Crane, from the Civil Service list, to the position of Plant
Maintenance Mechanic at the Waste Management Department, effective January 28, 2019, subject to
passing drug test and physical.
7. Fireworks Display at National Cattle Congress for the Hairball Concert on January 19, 2019 from
approximately 9:15 p.m. to 11:15 p.m.
Roll call vote -Ayes: Seven. Motion carried.
RESOLUTIONS
145751 - Schmitt/Amos
that "Resolution approving award of bid to Cardinal Construction of Waterloo, Iowa, in the amount
of $80,300, and approving the Contract, Bonds, and Certificate of Insurance in conjunction with
the Riverfront Stadium Group Seating Boxes Project, 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. 2019-26.
145752 - Morrissey/Amos
that "Raenhitinn arinntitia tha ("itv of Watarinn Tr wq Cmall Call Tlacian (aiirlalinac and aiithnt-ivinrr
January 14, 2019 Page 4
Mr. Schmitt questioned the period that other cities had to adopt these guidelines versus why
Waterloo is scrambling to get this adopted.
Aric Schroeder commented that it was adopted by the FCC in mid-December.
Mr. Schmitt questioned what would happen if council does not adopt the guidelines tonight.
Aric Schroeder explained that the city will have not be able to regulate design and aesthetics of the
small cell towers but would be able to oversee safety concerns.
Mr. Schmitt commented on public concerns regarding health hazards associated with small cell
towers.
Aric Schroeder explained that an act passed in 1996 cities and counties were barred from regulating
cell equipment based on health concerns. He further commented that this is for cell phone services
not home internet.
Mayor Hart commented that this is new technology that will allow cell phone providers to increase
boost signals.
Aric Schroeder clarified that the design guidelines do not prohibit residential areas but does set a
preference for industrial and commercial.
Mrs. Klein questioned in what manner the city was notified.
Mayor Hart explained that the city staff is in no way at fault for the short notice, and that multiple
cities are also working hard to implement guidelines by the given deadline.
Mr. Morrissey questioned the placement of the small cell towers on private property verses city
property and if the zoning ordinance would need to be amended. He further commented on the
limited timeline to adequately review the guidelines, and voiced his displeasure that the state and
federal government mandate, which has been promoted by private businesses, also disallows the
city's ability to place restrictions or charge rent for space used on public property.
Aric Schroeder provided an explanation of how the current zoning ordinance could affect placement
and the ordinance could be reviewed for potential amendments, if needed.
Mayor Hart noted that Mike Van Milligen, from the City of Dubuque, sent an email out to the
metropolitan area on January 3rd, and explained that the deadline had been set for January 14, 2019.
Mr. Jacobs questioned if fees can be charged.
Aric Schroeder explained that the city is prohibited from making this a profit generating venture.
The fees have to be based on the actual cost of reviewing permits and can charge an annual
reoccurring fee for maintenance.
Mr. Jacobs questioned if the city can look at best practices from other cities.
Aric Schroeder explained that the city has fees for work in the right of way. A fee structure is not
proposed as part of these guidelines but one will come to the council in the future.
January 14, 2019 Page 5
we take advantage of the opportunity to regulate the small cell design to insure there is some control
on this particular issue.
Cheryl Christiansen, 1702 E. Mitchell, commented that communities in California have blocked the
installation of 5G small cell towers. She stated that these have been linked to brain and heart tumors
and asked the council to do something to block this.
Resolution adopted and upon approval by Mayor assigned No. 2019-27.
ORDINANCES
145753 - Amos/Morrissey
that "an Ordinance approving a request to vacate a 7,500 square foot portion of Bluff Street right-of-
way, located between West 13th and 14th Streets, subject to the retention of a utility easement over a
portion of the area to be vacated", be received, placed on file, considered and passed for the second
time. Roll call vote -Ayes: Seven. Motion carried.
145754 - Amos/Morrissey
that rules requiring ordinances to be considered and voted for passage at two prior meetings be
suspended. Roll call vote -Ayes: Five. Nays: Two (Schmitt and Klein). Motion failed.
145755 - Schmitt/Amos
that "an Ordinance approving a request by the City of Waterloo to vacate a 65,490 square foot
portion of Airline Highway west of 3070 W. Airline Highway", be received, placed on file,
considered and passed for the second time. Roll call vote -Ayes: Seven. Motion carried.
145756 - Schmitt/Amos
that rules requiring ordinances to be considered and voted for passage at two prior meetings be
suspended. Roll call vote -Ayes: Four. Nays: Three (Jacobs, Klein, and Schmitt). Motion failed.
OTHER COUNCIL BUSINESS
145757 - Morrissey/Amos
that a hearing on Order Assessing Civil Penalty, in the amount of $300.00 to Ray's Supermarket,
1975 Franklin Street, Waterloo, Iowa, for sale of tobacco to minor violation -first offense, be
received and placed on file. Voice vote -Ayes: Seven. Motion carried.
This being the time and place of hearing, the Mayor called for written and oral comments and there
were none.
145758 - Morrissey/Amos
that the hearing be closed. Voice vote -Ayes: Seven. Motion carried.
145759 - Morrissey/Amos
January 14, 2019 Page 6
Mr. Jacobs commented that there should be more communication with the business owners prior to
these types of actions.
Mr. Morrissey commented that there was a similar in the consent resolution.
Dave Zellhoefer explained that the item in the consent resolution is for a business which had already
paid the fine, and the vote is to accept the payment.
Resolution adopted and upon approval by Mayor assigned No. 2019-28.
145760 - Morrissey/Amos
that a hearing on Order Assessing Civil Penalty, in the amount of $300.00 to XO Food and Liquor,
428 Franklin Street, Waterloo, Iowa, for sale of tobacco to minor violation -first offense, be received
and placed on file. Voice vote -Ayes: Seven. Motion carried.
This being the time and place of hearing, the Mayor called for written and oral comments and there
were none.
145761 - Morrissey/Amos
that the hearing be closed. Voice vote -Ayes: Seven. Motion carried.
145762 - Morrissey/Amos
Resolution approving Order Assessing Civil Penalty, in the amount of $300.00 to XO Food and
Liquor, 428 Franklin Street, Waterloo, Iowa, for sale of tobacco to minor violation -first offense, be
received and placed on file. Roll call vote -Ayes: Six. Nays: One (Jacobs - possible conflict of
interest). Motion carried.
Resolution adopted and upon approval by Mayor assigned No. 2019-29.
145763 - Morrissey/Amos
that the council adjourn to Executive Session at 6:27 p.m. Roll call vote -Ayes: Seven. Motion
carried.
City Attorney Dave Zellhoefer stated that discussion of collective bargaining is an approved topic of
Executive Session pursuant to Iowa Code Section § 20.16 and § 20.17.(3).
EXECUTIVE SESSION
145764 - Juon/Klein
that the council adjourn Executive Session at 7:23 p.m. Voice vote -Ayes: Seven. Motion carried.
ADJOURNMENT
1 A 1'7,r T ___ /T71__
CITY OF WATERLOO
Council Communication
Resolution approving Order accepting Acknowledgment/Settlement Agreement and check in the amount of
$300 from Casey's, 51 E. Tower Park Drive, Waterloo, Iowa for sale of tobacco to minor -first offense.
City Council Meeting: 1/22/2019
Prepared: 1/14/2019
REVIEWERS:
Department Reviewer Action Date
1 ep;:bl Even, LeAnn Approved 1/16/:2O19... 11 28 A.M
ATTACHMENTS:
Description
SUBJECT:
Submitted by:
Recommended Action:
Background Information:
Type
Resolution approving Order accepting Acknowledgment/Settlement
Agreement and check in the amount of $300 from Casey's, 51 E. Tower
Park Drive, Waterloo, Iowa for sale of tobacco to minor -first offense.
Submitted By: David R. Zellhoefer, City Attorney
Approve Acknowledgment/Settlement Agreement and check for $300.00
payable to the City of Waterloo. Give Mayor and City Clerk authorization
to sign and execute Order.
Clerk sold to minor. Clerk plead guilty in District Court on or about January
4, 2019. Store is now given civil penalty of $300.00. They have signed off
on Acknowledgment and forwarded a check payable to City in the sum of
$300.00. Obtain executed Order, deposit funds, and matter is taken care of.
Page 13 of 195
CASEY'S GENERAL STORES, INC.
P.O. Box 3001 • One SE Convenience Blvd • Ankeny, Iowa • 50021-8045 • 515-965-6100
Sender's Direct -Dial Telephone Number: 515-446-6822
Address: amy.costello@easeys.com
Fax Number: 515-965-6160
January 14, 2019
City of Waterloo
David R. Zellhoefer, City Attorney
715 Mulberry Street
Watedoo, IA 50703
RE: Civil Penalty Imposed on
Casey's General Store, Inc. #2866
51 E. Tower Park Drive
Waterloo, IA
Dear Attorney Zellhoefer:
Enclosed is the original of the signed Acknowledgment / Settlement Agreement, as well as
Casey's check in the amount of $300.00. Said amount was assessed as a penalty against the
Waterloo, IA Casey's General Store for an alleged sale of tobacco to a minor that reportedly
occurred on or about December 20, 2018.
It is my understanding that the payment of this penalty will result in the closure of this
case. If my understanding is incorrect or you have further matters you need to discuss, please feel
free to contact me at my direct -dial number of 515-446-6822.
Sincerely,
ello
Legal Counsel
AMC:amh
Enclosures
Page 14 of 195
IN RE:
CASEY'S GENERAL STORE
51 E. TOWER PARK DRIVE
WATERLOO, IOWA 50701
ACKNOWLEDGMENT/
SETTLEMENT AGREEMENT
FIRST VIOLATION
I (we) hereby knowingly and voluntarily acknowledge that we have received the Notice
of Hearing and the Complaint in the above case. I (we) hereby knowingly and voluntarily
acknowledge the facts and allegations contained in the Complaint, attached hereto and
incorporated herein by reference, and knowingly and voluntarily admit that the same are true and
correct. I (we) hereby knowingly and voluntarily waive hearing, and submit to the statutory
penalties prescribed by Iowa law. I (we) understand that this penalty will count as an official
"First Violation" of Iowa Code §453A.2 pursuant to Iowa Code §453A.22. I (we) have enclosed
a check for the amount of $300.00 made payable to the City of Waterloo to settle the above -
referenced complaint. The above -captioned permit holder hereby waives all jurisdictional claims.
Cas 's Marketi g Co
y:
Costel o,
Date: January 7, 2019
ga o ire
NOTE: This must be signed by an individual cigarette permittee, or in the case of another
business entity, by individual(s) who have authority to bind the entity.
If you decide to sign this ACKNOWLEDGMENT/SETTLEMENT AGREEMENT
and waive your appearance at a hearing, this document, properly signed and
dated, along with your $300.00 check made payable to the City of Waterloo, should
be returned to: David R. Zellhoefer, Waterloo City Attorney, 715 Motherly Street,
Waterloo, Iowa, 50703.
Page 15 of 195
Memo
Invoice
Date
Invoice
Number
Amount
Discount
Not Amount
AH / LEGAL
12/21/18
17456-20181221
300.00
0.00
300.00
Date
01/08/19
iidh
CASEY'S
PAY ***)';;THREE HUNDRED
TO THE
ORDER
OF
Detach hot ore Depositing
CASEYFSACEErItIoT°RES
1
ANKENY, IOWA 50021-8045
DOLLARS AND ZERO CENTS
CITY OF WATERLOO
715 MULBERRY ST
WATERLOO IA 50703-5714
UMIE30..
•
Check No,
36-1901 28041
1012
Amount
$300.00
WARNING: ORIGINAL DOCI,IMENT HAS AN ARTIF`IGIAL WATERMA "N ON REVERSE SIOR
280 L LO 1 2190 L?': SO 08 0 29
Page 16 of 195
IN RE:
CASEY'S GENERAL STORE
51 E. TOWER PARK DRIVE
WATERLOO, IOWA 50701
HEARING COMPLAINT
FIRST VIOLATION
The City of Waterloo hereby makes the following complaint against the above-named permittee:
1. Iowa Code §453A.2(1) provides that a person shall not "sell, give, or otherwise
supply any tobacco, tobacco products, or cigarettes to any person under eighteen
years of age."
2. Iowa Code §453A.22(2)(a) provides that if a permit holder or employee of a permit
holder has violated Iowa Code §453A.2(1), the permit holder shall be assessed a civil
penalty of Three Hundred Dollars ($300.00) for a first violation of Iowa Code
§453A.2(1).
3. On or about December 20, 2018, the permittee or an employee of the permittee sold
cigarettes or tobacco products to a person under eighteen years of age. A copy of the
Compliance Check and/or Criminal Conviction is attached and incorporated herein.
4. Therefore, in accordance with Iowa law, the City Attorney requests the Waterloo City
Council find a violation of the above -referenced section of Iowa Code Chapter 453A
and assess a civil penalty in the amount of Three Hundred Dollars ($300.00) against
Casey's General Store, 51 E. Tower Park Drive, Waterloo, Iowa.
David R. Zellhoefer
Waterloo City Attorney
Page 17 of 195
;Compliant
" an Compltalit
Linable to Complete
<(NotApplicabte} .
" t hate Issued a criminal enation to the clerk tistecl. abovo of seltmg tohac_
l atterrafive n[cotme or.vapor products to a person under age eighteen:
160:65.c):6.. ;4042(1)
TE If 419'001 fiOpecheckrosult is Lyon compliant, a ci.atiop musk be issued before'your department mey;teceive payment )
If Unableto Complete the Compliance Check (check, ane}
❑ Establishment has a VALID PERMIT tint Does Not Sell Tebacco,
Alternative Nicotine or Vapor Products
- Permit Status Verified by•City Cleric ol'County Auditor_
. ❑ Establtshmeni No Longer FIoIds a`lfaltd Tobacco, Alternative
Nicotineor.Vapor Product Permit
Establishment is Out of Business
Establtshmertt is designated as an {,UnsatisfactoryCondition"
"Unsatisfactory Condit on".verified by ABD pwestigator:
Officer Copdcicted a Walk -Through of.the 0'01-000(Explanafron Requ. fired rn Comments Section Below)
If none of theabove reasons apply write reason aria explasration on
•tie back of the form -see •page 4 for reason fist
ERI FO MATION oFFIC"ER 1 H •4T CoNDtJCTED COMPLIANCE CHECK
sign0 African American 0 ',Nave American
❑ 5mokele5s Tobacco
• ❑Other Tobacco Product.
.Page 18 of 19.5
Rev. 12/2011
IOWA INCIDENT REPORT
WATERLOO POLICE DEPARTMENT
715 MULBERRY ST
WATERLOO , IA 50793
(319) 291-4340
Case Number
W18-101878
Datefllme of Report
12/20/2018 16:47 Hrs
Status
03 - CLEARED BY ARREST
SUMMARY
County
BLACK HAWK - 07
Report Type
0 - INITIAL INCIDENT
ORI Number
IA0070300
Is Date and Time of
Incident Known? Yes
incident Date or
Lower Date Range 12/20/2018
Upper Date
Range
Incident Time or
Lower Time Range 16:00 Hrs.
Upper Time
Range Hrs_
Day of Week incident Occurred
THURSDAY
Exceplionaliy Clea ed
N - NOT APPLICABLE
Date Cleared Exceptionally
INCIDENT REPORTED BY
Was Incident Reported
by a Victim? NO
Reporting Victim's
Sequence No.
Name - Last First Middle Suffix
HOELSCHER BRIAN
Sus€Hess Name (if Incident was Reported by a Business)
Address
715 MULBERRY ST
City State Zip Code
WATERLOO IA 50703
Home/Cell Phone
Work Phone
(319) 291-4340
OFFENSE 001
Seq- No.
001
Ordinance
STATE
Code Section
453A.2(1)
UCR Offense Code
ALL OTHER OFFENSES - 90Z
Charges/Offense
PROVIDING TOBACCO TO A MINOR- 1ST OFFENSE
Attempted/Completed
C - COMPLETED
Type of Criminal Activity (up to 3)
Type of Weapon/Force involved (up to 3)
Gang Information (up to 2)
No. of Premises Entered
Method of Entry
N - NO FORCE
Offender Suspected of Using (up le 3)
LOCATION OF OFFENSE
Location Type
07 - CONVENIENCE STORE
X Coordinate
552953.25
Y Coordinate
4700654.5
Literal Description
51 E. TOWER PARK DR
VICTIM 001
Type of Victim
S - SOCIETY/PUBLIC
Sequence No.
001
Business/Organization/Stale/County/Municipality Name
CITY OF WATERLOO
Address City Stale Zip Code
715 MULBERRY STREET WATERLOO IA 50703
Phone
(319) 291.4340
VICTIM CONNECTED TO UCR OFFENSE CODES
UCR Offense Code 1
ALL OTHER OFFENSES - 90Z
UCR Offense Code 2
UCR Offense Code 3
UCR Offense Code 4
UCR Offense Coda 5
UCR Offense Code 0
UCR Offense Code 7
UCR Offense Code 8
UCR Offense Code 9
UCR Offense Code 10
ADDITIONAL OFFENSE CIRCUMSTANCE INFO
Aggravated AssaulUHomicide Circumstances (up to 2)
Additional Justifiable Homicide Circumstances
Drivers License - Number
Printed At: WATERLOO POLICE DEPARTMENT
State Gender
Height Weight Eye Color
Hair Color
12/21/2018 8:25 AM Page 1 Form #: f g'1619 of 195
END OFFENSE 001
OFFENDER 001
Type of Offender
01 - Offender
Sequence No.
001
NIERS Offense Sequence Numbers
001
Lesser Offense Sequence Numbers
Name - Last
JOHNSON
First
IMANI
Middle Suffix
Alias(es)
Address
340 FAIRFIELD
City
WATERLOO
State Zip Code
IA 50701
Home Phone
(319) 230-1244
DOB Known?
YES
DOB Age or Lower Age Range Upper Age Range
03/25/1998 20
SSN
482-27-3634
Resident Status
R - RESIDENT
Drivers License - Number
Printed At: WATERLOO POLICE DEPARTMENT
State Gender
Height Weight Eye Color
Hair Color
12/21/2018 8:25 AM Page 1 Form #: f g'1619 of 195
IA
F - FEMALE
I
5' 03"
310 LBS
BROWN - BRO
BLACK - BLK
Skin Tone
DARK - DRK
Race
B - BLACK
Ethnici y
N - NOT OF HISPANIC ORIGIN
Scars/Marks/Tattoos
Offender Present When Officer Arrived?
YES
Type of Injury (up to 5)
EMPLOYMENT OR SCHOOL INFO
Employer or School
CASEY'S GENERAL STORE
Occupation
CLERK
Address
51 E. TOWER PARK DR
City
WATERLOO
State Zip Code
IA 50702
Work Phone
{319) 232-7000
ARREST INFO
Offender Arrested?
YES
Arrest Trans. Booking No.
01
Type of Arrest
5 - SUMMONED/CITED
Arrest Dale Arrest Time
12/20/2018 16:00 Hrs.
Associated Offense Sequence No.
001
Miranda By
Miranda Date Miranda Time
Hrs.
Arrestee Condition
S -SOBER
Arrestee Armed With (up to 2)
Place of Birth
Multiple Arrestee Indicator Additional Incidents Cleared
JUVENILE INFO
Parent/Guardian Contacted?
Name - Last First Middle Suffix
Address City State Zip Code
Home Phone
Work Phone
Juvenile Arrestee Disposition
END OFFENDER 001
OFFICER'S INVESTIGATIVE NOTES
On Thursday December 20, 2018, at approximately 1600hrs, the Waterloo Police Department, with the assist of an underage confidential
informant, conducted a tobacco compliance check at Casey's General Store located at 51 E. Tower Park Dr.
The CI was instructed to enter the store and request a tobacco product, to wit: Marlboro Red cigarettes, The CI was also told to provide their
State of Iowa issued identification and/or their actual age if requested. The CI was told that if the sale was completed, to leave the tobacco product
and any change from the transaction on the counter and leave the business.
The CI then entered the store and followed the above defined instructions. After providing the clerk, identified as the Offender their State of Iowa
issued driver's license, the Offender proceeded with the sale of tobacco. The C1 paid for the tobacco product with a predetermined twenty -dollar
bill. The CI then left the tobacco product and the change on the counter.
I was standing directly behind the CI and observed the transaction. I then approached the Offender and told her that she had sold tobacco to an
underage person. The Offender was then issued a summons charging her with Providing Tobacco to a Minor 1st Offense.
The package of Marlboro cigarettes was tagged into the property division as evidence.
Case closed.
Sergeant Brian Hoelscher
H3661
OFFICER
Complainant/Reporting Party Signature
Reporting Officer
HOELSCHER BRIAN
Badge Number
H3661
Supervisor
FARMER, AUGUSTIN
Badge Number
F3664
Video Taken? (Check Ali That Apply}
Evidence Seized?
Photos Taken?
Incident Assigned To
INV
Printed At: WATERLOO POLICE DEPARTMENT 12/21/2018 8:25 AM
Page 2
Form 11: Rage,2J of 195
This Complaint and Affidavit is to be:
Filed with Court Clerk (cc: CA)
Submitted to County Attorney
Filed with JCO - Defendant is a Juvenile
11
OFFENDER
IN THE IOWA DISTRICT COURT IN AND FOR
BLACK HAWK COUNTY
THE STATE OF IOWA
VS.
Agency Case Number: W18-101878
Arrest Date: 12/20/2018
Last
JOHNSON
First
IMANI
Middle
Suffix
Address
340 FAIRFIELD
City
WATERLOO
State
IA
Zip Code
50701
DL#
849AK5053
State
IA
DL Class
0
DL Endorsements
DL Restrictions
Date of Birth
03/25/1998
Gender
FEMALE
Race
BLACK - B
Ethnicity
NOT OF HISPANIC ORIGIN - N
Height
5' 03"
Weight
310 LBS
Eye Color
BROWN - BRO
Hair Color
BLACK - BLK
OFFENSE
State
LI
County Local
❑1 I
Code Section
453A.2(1)
Crime Description
EMPLOYEE PROVIDING TOBACCONAPOR PRODUCT TO MINOR -
Speed
In Zone
Class
SCHT
Serious P.I. ❑
Fatal Accident I !
Civil Damage Assessment ❑
Other I 1
Location Type
23 - SERVICE/GAS STATION
Literal Description
51 E TOWER PARK DR
Address
City
State
Zip Code
Is Date and Time of Incident Known?
YES
incident Date or Low Range
12/20/2018
Upper Date Range
Incident Time or Low Range
16:00
Upper Time Range
STATUS OF OFFENDER/JUVENILE
H TAKEN INTO CUSTODY
CUSTODY
® SUMMONS TO APPEAR
(Citation Issued)
1 1 WARRANT REQUESTED
NO CONTACT ORDER
REQUESTED
❑ RELEASED TO
PARENTIGUARDIAN
NARRATIVE
Narrative of Offense Committed
On or about the above stated date and time, the Defendant did
unlawfully sell, give or otherwise supply tobacco, tobacco products or cigarettes to a person under eighteen years of age by an employee of a
retailer
SUMMONS
I promise to appear in said court at said time and place.
AFFIDAVIT
STATE OF IOWA, BLACK HAWK COUNTY
I, the undersigned, being duly sworn, state that all facts contained in this Complaint and Affidavit, known by me or told to me by other reliabte persons form the basis for my
belief that the defendant committed this crime
State all facts and persons relied upon supporting elements of alleged crime
On December 20, 2018 around 1600 hours Officers utilized a confidential informant under the age of 18 to conduct a tobacco compliance check at
Caseys gas Station (51 E Tower Park). The Defendant was a store employee who was behind the counter and sold the tobacco to this Cl. This CI
utilized department provided funds to make this transaction. The Defendant is charged with the above listed offense.
Printed At WATERLOO POLICE DEPARTMENT 12/21/2018 9:18 AM Page 1 o€ 2 Form#: W18-1
�e 21 of 195
,tP !..zwW
Court Date
01/04/2019
dg
f1�LY L ,5 i
Signature of Defendant
Court Time
8:30 AM
In the Court At
BLACK HAWK COUNTY COURTHOUSE 316 EAST FIFTH STREET, WATERLOO 50703
AFFIDAVIT
STATE OF IOWA, BLACK HAWK COUNTY
I, the undersigned, being duly sworn, state that all facts contained in this Complaint and Affidavit, known by me or told to me by other reliabte persons form the basis for my
belief that the defendant committed this crime
State all facts and persons relied upon supporting elements of alleged crime
On December 20, 2018 around 1600 hours Officers utilized a confidential informant under the age of 18 to conduct a tobacco compliance check at
Caseys gas Station (51 E Tower Park). The Defendant was a store employee who was behind the counter and sold the tobacco to this Cl. This CI
utilized department provided funds to make this transaction. The Defendant is charged with the above listed offense.
Printed At WATERLOO POLICE DEPARTMENT 12/21/2018 9:18 AM Page 1 o€ 2 Form#: W18-1
�e 21 of 195
NISSEN, MARK N3714
Signature of Complainant or Officer, Officer Name & Number
GENERAL PROBABLE CAUSE
Defendant Implicated
02 - CAUGHT IN ACT, 08 - CRIME OBSERVED BY OFFICERS
Operating Motor Veh€cle in County
Other Physical Evidence
Attempted To Inflict Injury
STATE OF IOWA,
BLACK HAWK COUNTY
OA(Subscribed
ec:P• • 6m
• Mirrf •
IOWA
and sworn to before
Notary Name
Commission Number
My Commission Expires
me by the person(s) signing the Complaint and Affidavit(s) on 12/20/2018
ROB C. CAMARATA Signature of Verifying Party
751969 -:eM1)
03/27/2020 f Peace Officer ® Notary ri Prosecuting Attorney
Any person who fails to appear in court as specified by the citation may be guilty of a separate offense and the court may issue a warrant for their arrest.
Printed At WATERLOO POttCEDEPARTMENT 12!2112018 9:18 AM Page 2 of 2 Farm a: W1S1�age 22 of 195
BEFORE THE WATERLOO CITY COUNCIL
IN RE:
CASEY'S GENERAL STORE ORDER ACCEPTING
51 E. TOWER PARK DRIVE ACKNOWLEDGMENT/SETTLEMENT
WATERLOO, IOWA 50701 AGREEMENT—FIRST VIOLATION
On this day of , 2019, in lieu of a public hearing on the
matter, the Waterloo City Council approves the attached Acknowledgment/Settlement
Agreement between the above -captioned permittee and the City of Waterloo.
Therefore, the Waterloo City Council FINDS that the above -captioned permittee has
remitted to the City of Waterloo a civil penalty in the amount of Three Hundred Dollars
($300,00). Be advised that this sanction will count as a First Violation of Iowa Code §453A.2(1),
pursuant to Iowa Code §453A.22(2)(a).
IT IS, THEREFORE, ORDERED that the judgment in this matter is hereby satisfied.
Quentin Hart, Mayor
ATTEST:
Kelley Felchle, City Clerk
Page 23 of 195
CITY OF WATERLOO
Council Communication
Resolution approving preliminary plans, specifications, form of contract, etc. and setting date of bid opening
as February 14, 2019 and date of public hearing as February 18, 2019 for the FY 2019 Bridge Repairs -
Dubuque Road over Blowers Creek and Greenhill Road over Trolley Car Trail, Contract No. 959, and instruct
City Clerk to publish notice.
City Council Meeting: 1/22/2019
Prepared: 1/15/2019
REVIEWERS:
Department
1 ngineering
Clerk (3f ice
SUBJECT:
Reviewer
Action Date
Approved p/p 5/201.9
Approved 1/15/2.019 ... :31 PM
Resolution approving preliminary plans, specifications, form of contract, etc.
and setting date of bid opening as February 14, 2019 and date of public
hearing as February 18, 2019 for the FY 2019 Bridge Repairs - Dubuque
Road over Blowers Creek and Greenhill Road over Trolley Car Trail,
Contract No. 959, and instruct City Clerk to publish notice.
Submitted by: Submitted By: Wayne Castle, PLS, PE, Associate Engineer
Summary Statement: Plans prepared by AECOM
Source of Funds: Road Use Tax
Page 24 of 195
CITY OF WATERLOO
Council Communication
Resolution setting a date of public hearing as February 4, 2019 for a request by Wade Fleming to rezone 4.79
acres from "R-3" Multiple Residence District and "C-2" Commercial District to "C-2" Commercial District
located north of 1685 Independence Avenue, and instruct City Clerk to publish notice.
City Council Meeting: 1/22/2019
Prepared: 1/16/2019
REVIEWERS:
Department
ing & Zoru_ing
& Zoning
iS Zoning
("Ilerk Office
ATTACHMENTS:
Description
D Staff R.epaein
D Overview Map
D Aeriaa.p Map
D 1° food 1.' iaain Map
• its Pian
• Narrative
• 1P acture
• p,ap Description
D Apspapueaation.
SUBJECT:
Submitted by:
Recommended Action:
Reviewer
Schroeder, Auric
Sc :.roeder, A.ric
;by, Nancy
Action
acted
7.pap:an"6.Dved.
.Approved
pproved
Type
Cave Memo
?Mento
ver Meirn)
Memo
Memo
Date
1/9/2019 ... /0: a1 AM
I/16/2019 ... X1:27 AM
1/16/201.9...10.i5A..M
1/16/2019 ... 10:30 AM
Resolution setting a date of public hearing as February 4, 2019 for a request
by Wade Fleming to rezone 4.79 acres from "R-3" Multiple Residence
District and "C-2" Commercial District to "C-2" Commercial District
located north of 1685 Independence Avenue, and instruct City Clerk to
publish notice.
Submitted By: Noel Anderson, Community Planning & Development
Director
Approval
Transmitted herewith is a request to set a date of public hearing as January
22, 2019 for a request by Wade Fleming to rezone 4.79 acres from "R-3"
Multiple Residence District and "C-2" Commercial District to "C-2"
Commercial District, and instruct City Clerk to publish notice.
The applicant is requesting to rezone the northern portion of the property to
match the "C-2" zoning on the southern portion of the property.
The proposal could have a negative impact on the surrounding community as
Page 25 of 195
Summary Statement:
the back of the property adjoins a multi -family complex that was built in
2003. To ease the impact the staff and the applicant agree that the area
between the business and the housing will be buffered.
The request would not appear to have a negative impact on vehicular or
pedestrian traffic movements in the area. The site is served by Independence
Avenue which is a collector.
The nearest recreational trail is the Martin Luther King Jr. Trail located 0.37
miles to the north. There is a sidewalk on the south side of Independence
Avenue.
The area is zoned "R-3" Multiple Residence District and has been zoned as
such since adoption of the zoning ordinance in 1969. Surrounding land uses
and their zoning are as follows:
North — Multi -family residential and agricultural zoned "R-3" Multiple
Residence District.
South — Expo Alternative High School and agricultural, zoned "R-3"
Multiple Residence District.
East — Former railroad right-of-way, commercial and residential, zoned "C-
2" Commercial District and "R-2" One and Two Family Residence District
West — State of Iowa Human Services zoned "R-2" One and Two Family
Residence District.
The area is comprised of residential built between 1955 and 1980,
commercial built between 1923 and 1975, Expo Alternative High School built
in 1960, and the Iowa Human Services building built
The applicant has agreed to create a buffer between the northern portion of
the lot and the multi -family senior housing which will include trees and
fencing.
Rezoning the land will not appear to have a negative impact on drainage in
the area however the applicant will need to submit a drainage plan with the
engineering department before construction can occur.
The property is located in Zone A 100 Year Flood Plain as indicated by the
Federal Insurance Administration's Flood Insurance Rate Map, Community
Number 190025 and Panel Number 0306F, dated July 18, 2011. All buildings
will need to meet flood plain regulations.
Highland Elementary School is located 0.233 miles to the southwest, Bungler
Middle School is located 2.32 miles to the southeast, and Expo Alternative
High School is located along the south side of Independence.
There is open space located to the east of Highland Elementary School.
There is an 8" Sanitary Sewer line located on the north side of Independence
Avenue, there is an 18" storm sewer line located on the south side of
Independence Avenue that starts across the street from the entrance to the lot
and runs west. There is also a 36" interceptor line located adjacent to the
former Waterloo, Cedar Falls, and Northern railway right of way to the east.
The Future Land Use Map designates this area as Mixed Commercial:
Medium to High Density Residential; Professional Offices and Compatible
Commercial and the request is in conformance with the Future Land Use
Map for this area.
The applicant is looking to purchase the former Meyer's Nursery and use it
for a landscaping business. Currently the southern portion of the lot is zoned
C-2 and the new zoning will create a single zoning for the entire 4.79 acre
parcel.
The applicant currently has the property on contract for purchase. The
Page 26 of 195
Expenditure Required:
Source of Funds:
Policy Issue:
Legal Descriptions:
applicant is considering whether to use the entire lot for his own business or
build self -storage units for public use. If the applicant makes the decision to
do self -storage a Special Permit applicant will need to be submitted to the
Planning Commission for review and approval by the Board of Adjustment.
The entire property is in the 100 year flood plain but the Floodway itself is
located to the east along the former WCF&N right-of-way. Any new
buildings built on the property will need to meet current Flood Plain
regulations which would require the buildings to be 1 foot above the base
flood elevation of 855'.
With the increased activity in the back of the lot that adjoins the multi -family
senior housing to the north, buffering should be required so to mitigate the
impacts of increased usage of the land as the use on the adjoining property.
The applicant is not planning to subdivide the property.
Therefore, staff recommends that the request by Wade Fleming to rezone
2.35 acres from "R-3" Multiple Residence District to "C-2" Commercial
District for a landscaping business located North of 1685 Independence
Avenue be approved for the following reasons:
1. The request is in conformance with the Comprehensive Plan and Future
Land Use Map for this area.
2. The request would not appear to have a negative impact on traffic
conditions in the area.
3. The request would not appear to have a negative impact upon the
surrounding area with the conditions being met below.
And subject to the following condition(s)
1. That the final site plan meets all applicable city codes, regulations, etc.
including, but not limited to, parking, landscaping, drainage, etc.
2. That all buildings built at the site meet the current flood plain regulations
which include all buildings being at least 1' above the Base Flood Elevation.
3. That buffering is installed along the north side of the property which
includes trees and fencing.
None
N/A
Zoning, Land Use and Economic Development.
ALL THAT PART S 605 FT SE SEC 19 T 89 R 12 LYING W OF WLY
ROW LINE WCF & N RR (NOW KNOWN AS THE WLOO RR)
ROW EXCEPTING THEREFROM THE W 773.5 FT AND EXC S 325
FT E 100 FT W 873.5 FT AND EXC THAT PART CONVEYED TO
THE WCF & N RAILWAY BY LD B 107 P 163 AND EXC CITY OF
WATERLOO B 499 P 101 & EXC ALL LEGAL HIGHWAYS
Page 27 of 195
January 8, 2019
REQUEST: Request by Wade Fleming to rezone 2.45 acres from "R-3" Multiple
Residence District to "C-2" Commercial District
APPLICANT: Wade Fleming, 414 7th Street Jessup, IA 50648
GENERAL The applicant is requesting to rezone the northern portion of the
DESCRIPTION: property to match the "C-2" zoning on the southern portion of the
property.
IMPACT ON The proposal could have a negative impact on the surrounding
NEIGHBORHOOD & community as the back of the property adjoins a multi -family
SURROUNDING complex that was built in 2003. To ease the impact the staff and the
LAND USE: applicant agree that the area between the business and the
housing will be buffered.
VEHICULAR & The request would not appear to have a negative impact on
PEDESTRIAN vehicular or pedestrian traffic movements in the area. The site is
TRAFFIC served by Independence Avenue which is a collector.
CONDITIONS:
RELATIONSHIP TO The nearest recreational trail is the Martin Luther King Jr. Trail
RECREATIONAL located 0.37 miles to the north. There is a sidewalk on the south
TRAIL PLAN AND side of Independence Avenue
COMPLETE STREETS
POLICY:
ZONING HISTORY
FOR SITE AND
IMMEDIATE VICINITY:
DEVELOPMENT
HISTORY:
The area is zoned "R-3" Multiple Residence District and has been
zoned as such since adoption of the zoning ordinance in 1969.
Surrounding land uses and their zoning are as follows:
North — Multi -family residential and agricultural zoned "R-3"
Multiple Residence District.
South — Expo Alternative High School and agricultural, zoned "R-3"
Multiple Residence District.
East — Former railroad right-of-way, commercial and residential,
zoned "C-2" Commercial District and "R-2" One and Two Family
Residence District
West — State of Iowa Human Services zoned "R-2" One and Two
Family Residence District.
The area is comprised of residential built between 1955 and 1980,
commercial built between 1923 and 1975, Expo Alternative High
School built in 1960, and the Iowa Human Services building built in
1912.
BUFFERS/ The applicant has agreed to create a buffer between the northern
SCREENING portion of the lot and the multi -family senior housing which will
REQUIRED: include trees and fencing.
DRAINAGE: Rezoning the land will not appear to have a negative impact on
drainage in the area however the applicant will need to submit a
drainage plan with the engineering department before construction
can occur.
North of 1685 Independence — R3 to C2
PgDge28f6f 195
FLOODPLAIN:
PUBLIC /OPEN
SPACES/ SCHOOLS:
January 8, 2019
The property is located in Zone A 100 Year Flood Plain as indicated
by the Federal Insurance Administration's Flood Insurance Rate
Map, Community Number 190025 and Panel Number 0306F, dated
July 18, 2011. All buildings will need to meet flood plain regulations.
Highland Elementary School is located 0.233 miles to the
southwest, Bungler Middle School is located 2.32 miles to the
southeast, and Expo Alternative High School is located along the
south side of Independence.
There is open space located to the east of Highland Elementary
School.
UTILITIES: WATER, There is an 8" Sanitary Sewer line located on the north side of
SANITARY SEWER, Independence Avenue, there is an 18" storm sewer line located on
STORM SEWER, ETC: the south side of Independence Avenue that starts across the
street from the entrance to the lot and runs west. There is also a
36" interceptor line located adjacent to the former Waterloo, Cedar
Falls, and Northern railway right of way to the east.
RELATIONSHIP TO The Future Land Use Map designates this area as Mixed
COMPREHENSIVE Commercial: Medium to High Density Residential; Professional
LAND USE PLAN: Offices and Compatible Commercial and the request is in
conformance with the Future Land Use Map for this area.
STAFF ANALYSIS — The applicant is requesting to rezone 2.45 acres from "R-3"
ZONING Multiple Residence District to "C-2" Commercial District. The
ORDINANCE: applicant is looking to purchase the former Meyer's Nursery and
use it for a landscaping business. Currently the southern portion of
the lot is zoned C-2 and the new zoning will create a single zoning
for the entire 4.79 acre parcel.
The applicant currently has the property on contract for purchase.
The applicant is considering whether to use the entire lot for his
own business or build self -storage units for public use. If the
applicant makes the decision to do self -storage a Special Permit
applicant will need to be submitted to the Planning Commission for
review and approval by the Board of Adjustment.
The entire property is in the 100 year flood plain but the Floodway
itself is located to the east along the former WCF&N right-of-way.
Any new buildings built on the property will need to meet current
Flood Plain regulations which would require the buildings to be 1
foot above the base flood elevation of 855'
With the increased activity in the back of the lot that adjoins the
multi -family senior housing to the north, buffering should be
required so to mitigate the impacts of increased usage of the land
as the use on the adjoining property.
The applicant is not planning to subdivide the property.
STAFF ANALYSIS —
SUBDIVISION
ORDINANCE:
North of 1685 Independence — R3 to C2
PgDgLP29f6f 195
January 8, 2019
STAFF Therefore, staff recommends that the request by Wade Fleming to
RECOMMENDATION: rezone 2.35 acres from "R-3" Multiple Residence District to "C-2"
Commercial District for a landscaping business located North of
1685 Independence Avenue be approved for the following reasons:
1. The request is in conformance with the Comprehensive Plan
and Future Land Use Map for this area.
2. The request would not appear to have a negative impact on
traffic conditions in the area.
3. The request would not appear to have a negative impact
upon the surrounding area with the conditions being met
below.
And subject to the following condition(s)
1. That the final site plan meets all applicable city codes,
regulations, etc. including, but not limited to, parking,
landscaping, drainage, etc.
2. That all buildings built at the site meet the current flood plain
regulations which include all buildings being at least 1'
above the Base Flood Elevation.
North of 1685 Independence — R3 to C2
3. That buffering is installed along the north side of the
property which includes trees and fencing.
PgDgEP8Of6f 195
City of Waterloo Planning, Programming and Zoning Commission
Janauary 8, 2019
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North of 1685 Indpendence
Rezone from "R-3" to "C-2"
Wade Fleming
Page 31 of 195
City of Waterloo Planning, Programming and Zoning Commission
January 8, 2019
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Rezone from "R-3” to "C-2”
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Page 32 of 195
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Note
Base map data source is Black HarA County
Thus map does not represent a survey no Ilabtllry
Isled for the accuraey of the data delineated herein
elhrr e,ressed or moiled by Black He, County, Me
Black Hawk Count, Assessor, cr [den employees
The City of W ateaoo makes no warranty, express or
roofed, as to the accuracy of the Worm hon shown
on thus map, and express!; dlsdarms!MAW fa the
moms, thereof users should refer to °BMA
esurreys reoorded deeds etc located at the
Black Hawk County ,season s Chime for complete
and ass. ate Information
CiEj of Waterloo, Iowa
North of 1685 Independence
Flood Plain Map
So
Feet
W+E
Page 33 of 195
12/3/2018 Printable Map Output
1.0411,1M
Black Hawk County Parcel Map
Parcel ID: 8912-19-451-008
DeedHolder:anTETs,§5§54-rA
Parcel Address: 1685 INDEPENDENCE AV, WATER
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Black Hawk County, Iowa
316 East 5th Street
aterloo, Iowa 50703-4774
Phone: (319) 833-3002
Fax: (319) 833-3070
E-mail: audOor(d),!(:x)„bOack-ha V6a,us
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ap Disclaimer: This map does not represent a survey. No liability is assumed for the accuracy
the data delineated herein, either expressed or implied by Black Hawk County, the Black
Hawk County Assessor or their employees. This map is compiled from official records,
ncluding plats, surveys, recorded deeds, and contracts, and only contains information required
or local government purposes. See the recorded documents for more detailed legal
information ,
0
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Page 34 of 195
Landscaping a Mare, LLC
PO Rex 61
Raymond, IA 50661
To Black Hawk County Planning & Zoning:
This is an explanation of use to accompany the application for rezoning of the north
portion of parcel # 8912-19-451-008, also known as 1685 Independence Ave.
Fleming's Landscaping & More is in negotiations to purchase Myers Nursery from
Roberta Myers and Myers Nursery LC. During research it was determined that the
south portion of the above referenced parcel is zoned C-2, while the north portion is
zoned R-3.
It is the wish of Fleming's Landscaping & More to have the entire parcel zoned C-2.
When rezoning is approved and complete and the sale closed, Fleming's Landscaping &
More intends to construct storage units and/or a shop for business use on the north
portion of the parcel. In order to maintain a secure and private area Fleming's
Landscaping & More will border the north and a portion of the west property lines with
shrubs/bushes, fence or both.
Thank you for your consideration of this rezoning request.
Respectfully Submitted,
ade Fleming
President/Owner
Page 35 of 195
North of 1685 Independence — Rezone from R-3 to C-2
Looking west along 1685 Independence
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Avenue.
or
Looking north from Independence Avenue.
1
4u
Looking south from senior multi -family
housing complex.
Page 36 of 195
Looking southeast from the Pinecrest
Building Parking Lot
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Looking east from the Pinecrest Building
Parking lot.
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Looking east from the Pinecrest Building
Parking lot.
Looking northeast from parking lot of the
Pinecrest Building.
Page 37 of 195
Page 38 of 195
ALL THAT PART S 605 FT SE SEC 19 T 89 R 12 LYING W OF WLY ROW LINE WCF&N RR (NOW
KNOWN AS THE WLOO RR) ROW EXCEPTING THEREFROM THE W 773.5 FT AND EXC S 325 FT E
100 FT W 873.5 FT AND EXC THAT PART CONVEYED TO THE WCF & N RAILWAY BY LD B 107 P
163 AND EXC CITY OF WATERLOO B 499 P 101 & EXC ALL LEGAL HIGHWAYS
Page 39 of 195
APPLICATION FOR REZONING
CITY OF WATERLOO PLANNING, PROGRAMMING,
AND ZONING COMMISSION
WATERLOO, IOWA
319.291.4366
I. APPLICATION INFORMATION:
a. Applicant's name (please print):
7—,
4./:
Address: 4// el '''°7 .6,',...57e_ - Phone: 3/61, -.</c) --?5-4=6"Fax:
City: , 5 e,.„,_;-.2 State: -444 , Zip: S-k,
b. Statu o applic6.nt: (a) Owner (b) Other X. (CHECK ONE): If other explain:
ei 1(0 --/o/r)ei
c. Property owner's nan f diffecent than above (please print):
Address: /4, rs- ,7„_,I,..).....7,4„,,,, ,41--L.A.-: Phone: Fax:
City: i'1/4_,.44 /447 :ii State: ',24Zip: fr--_, c7'2
2. PROPERTY INFORMATION:
a. General location of property to be rezoned:
---/Lie
b. Legal description of property to be rezoned: 9 /7 / 9vd-7 s,
1/:fri r...% 1
/9-
xs
c. Dimensions of Proposed Zoning Boundary (Excluding Right of Way): t,2
d. Area of Proposed Zoning Boundary (Excluding Right of Way):
e. Current zoning: Ii -3 Requested zoning:
f. Reason(s) for rezoning and proposed use(s) of property: 4_),,,, /I ,/,_16_,,,
z„ 4 ---71-/ ir 'A ii/c--% 7'7.4 ,' le.2,-,10, ) "9,4-' )- c.„, I --1' U.":----
/ z`-) j I
Conditions (if any) agreed to:
g.
7../
h. Other pertinent information (use reverse side if necessary):
Please Note: If applicant is not the owner of the property, the signature of the owner must be secured. If it is the
intent to subdivide (split) any land, vacant or improved in conjunction with this request it must go through a
platting process (separate from rezone request).
The filing fee of $300 + $10 per acre ($750 max) (payable to the City of Waterloo) is required (round amount down to
nearest $10 increment). This fee is non-refundable. Under no condition shall said sum or any part thereof be refunded
for failure of said amendment to be enacted into law. Any major change in any of the information given will require that
the request go back through the process, with a new filing fee. If the request is denied no new petition covering the same
or portion of the same property shall be filed with or considered by the Planning, Programming, and Zoning Commission
until four (4) months have elapsed from the date of denial by the Waterloo City Council. The undersigned certify under
oath and under the penalties of perjury that all information on this request and submitted along with it is true and correct.
All infoonation submitted will be used by the Waterloo Planning, Programming, and Zoning Commission and the
Waterloo City Council in making their decision. The undersigned authorize City Zoning Officials to enter the
property in question in regards to the request.
ignature of Apjiilicant
Date
Az/Y/0
Signature of Owner Date
Page 40 of 195
CITY OF WATERLOO
Council Communication
Resolution setting date ofpublic hearing as February 4, 2019 to approve an amendment to the City of
Waterloo Zoning Ordinance No. 5079 regulating the sale of fireworks, and authorize the City Clerk to publish
notice.
City Council Meeting: 1/22/2019
Prepared: 1/18/2019
REVIEWERS:
Department Reviewer Action Date
1° lam. t. g & Zorn1n $ Schroeder, Ark; Approved /8/20 19 .. 10:09 M\4
Clerk: Office, Ever, 1..e%nn Approved PM/2019- 1) 36 0M
ATTACHMENTS:
Description
❑ Zoning Ordnnnn
Soles 1-1849
SUBJECT:
Type
Anruendrnent 1Q
Resolution setting date ofpublic hearing as February 4, 2019 to approve an
amendment to the City of Waterloo Zoning Ordinance No. 5079 regulating
the sale of fireworks, and authorize the City Clerk to publish notice.
Submitted by: Submitted By: Aric Schroeder, City Planner
Recommended Action: Approval of the resolution setting a date of public hearing.
Summary Statement:
Staff is proposing changes to the City of Waterloo Zoning Ordinance No.
5079 regarding the sale of fireworks. The Zoning Ordinance does not
currently specifically list fireworks as a permitted use, however the "C-1"
Neighborhood Commercial District allows for "any retail business or service
establishment". The amendment would exclude the sale of fireworks in the
"C-1" District, and would allow for the sale of fireworks from permanent
buildings in the "C-2" Commercial District (or less restrictive districts) when
located within a principal building and not an accessory structure, and when
said fireworks sales are accessory and customarily incidental to an existing
principal retails sales use. Any existing fireworks sales from a principal
building not meeting these requirements would be legal non -conforming
(grandfathered). Fireworks sales, regardless of type of building and
regardless if accessory to an existing use (so including from temporary
structures), would be permitted in the "M-1" Light Industrial District or less
restrictive districts, provided any structure or building used for fireworks
sales is at least 200' from any "R" District, and provided that any temporary
structures used for fireworks sales (tent, trailer, cargo container, etc.) is
setback at least 25' from any property line. A copy of the proposed
changes, showing strike through for wording proposed to be removed and
underline for wording proposed to be added is attached. The Planning,
Programming and Zoning Commission held a hearing on January 8, 2019
and unanimously recommended approval of the proposed amendment.
Page 41 of 195
Expenditure Required: none
Source of Funds: n/a
Policy Issue: Zoning
Legal Descriptions: n/a
Page 42 of 195
CITY OF WATERLOO, IOWA
COMMUNITY PLANNING AND DEVELOPMENT
715 Mulberry Street • Waterloo, IA 50703 • (319) 291-4366 Fax (319) 291-4262
MEMORANDUM
To: Planning, Programming and Zoning Commission
From: Aric A. Schroeder, City Planner
Date: 12/18/18
RE: Proposed Zoning Ordinance Amendment: Fireworks Sales.
At last month's meeting there was a discussion item regarding staff consideration of changes
to the City of Waterloo Zoning Ordinance No. 5079 as it relates to the sale of fireworks. A
proposed amendment is now being placed on the agenda for recommendation on adoption.
The Zoning Ordinance does not currently specifically list fireworks as a permitted use,
however the "C-1" Neighborhood Commercial District allows for "any retail business or
service establishment". The amendment would exclude the sale of fireworks in the "C-1"
District, and would allow for the sale of fireworks from permanent buildings in the "C-2"
Commercial District (or less restrictive districts) when located within a principal building
and not an accessory structure, and when said fireworks sales are accessory and customarily
incidental to an existing principal retail sales use. Any existing fireworks sales from a
principal building not meeting these requirements would be legal non -conforming
(grandfathered). Fireworks sales, regardless of type of building and regardless if accessory
to an existing use (so including from temporary structures), would be permitted in the "M-1"
Light Industrial District or less restrictive districts, provided any structure or building used
for fireworks sales is at least 200' from any "R" District, and provided that any temporary
structures used for fireworks sales (tent, trailer, cargo container, etc.) is setback at least 25'
from any property line.
Please let Planning staff know if you have any questions or need any additional
information regarding the proposed amendment.
CITY WEBSITE: www.cityofwaterlooiowa.com
WE'RE WORKING FOR YOU!
An Equal Opportunity/Affirmative Action Employer
Page 43 of 195
CHAPTER 14
"C-1" NEIGHBORHOOD COMMERCIAL DISTRICT
shall not restrict outside display areas when
such display areas display items that can be
legally sold by a commercial business on the
property and when the display area does not
exceed an area equal to the area occupied by
the building(s) on a property.
A. Principal Permitted Uses:
1. Any use permitted in the "R-4" District.
2. Group Homes [Ordinance 4554, 6/3/02]
3. Any retail business or service estab-
lishment such as the following, except
that fireworks sales shall be prohibit-
ed:
Animal Hospital or Veterinary Clinic,
provided all phases of the business
conducted upon the premises be with-
in a building where noises and odors
are not evident to adjacent properties
Antique Shop
Apparel Shop
Bakery, retail only
Barber Shop or Beauty Parlor
Bicycle Shop
Bookstore
Candy Shops, retail only
Car Wash
Clothes Cleaning and Laundry Pickup
Stations
Coffee House
Collection Office or Public 'Utility
Commercial Parking Lots for passen-
ger vehicles in accordance with the
provisions of Section 10-25-2
Convenience Store [Ordinance 4976,
11/23/09]
Dairy Store, retail only
Delicatessen and Sub Shop
Dry Goods Store
Drug Store
Financial Institution
60
10-14-1 REGUI ,ATIONS.
Florist and Nursery Shop, retail only
Fruit and Vegetable Market
Furniture Store
Gasoline Stations
Gift Shop
Grocery Store
Hardware Store
Hobby Shop
Household Appliances, sale and repair
Jewelry Store
Launderette (Laundromat)
Meat Locker, storage and retail sales only
Music Store
Paint and Wallpaper Store
Post Office Substation
Photographic Studio
Radio and Television Sales and Service
Radio and Television Studios, provid-
ed that any towers or transmitting fa-
cilities are in accordance with Section
10-27-1(B)(4)
Soda Fountain
Shoe Repair Shops
Sporting Goods
Tailor Shop
Theaters
Variety Store
Professional Cleaning Service exclud-
ing Dry Cleaners [Ordinance 5395,
04/10/17]
4. Any retail business or service estab-
lishrnent listed above that is also a
limited alcohol sales use as defined
herein, further subject to the following
requirements:
a. No alcohol sales use shall sell or
dispense alcoholic beverages via a
drive-through or walk-up window
or any similar drive -up or drive-in
Page 44 of 195
CHAPTER 15
"C-2" COMMERCIAL DISTRICT
17. Lumber Yards and Building Materi-
als, retail, but not including any
manufacturing or fabricating for
wholesaling operations.
18. Mini -storage or storage rental devel-
opment, upon issuance of a Special
Permit, which shall review the loca-
tion for compatibility of surround-
ing, highest and best use of land,
and proximity to a major thorough-
fare. [Ordinance 4683, 4/12/04] It is
the intent of this provision for such
uses to be towards the rear of highly
visible commercial property.
19. Monument Sales Yard, but not with-
out a principal building.
20. Off -premise advertising in accord-
ance with Section 10-26-1. [Ordinance
4724, 9/20/04]
21. Motels and Auto Courts
22. Pet Shop, including Aquariums
23. Printing Shops, not to include more
than two (2) 12"x 18" inch job press-
es
24. Restaurant: Fast Food Type and
Standard Type, and drive-in eating
establishments, provided that any
such use that meets the definition of
an Alcohol Sales Use shall meet the
requirements for a limited alcohol
sales use (on -premise consumption).
25. Delayed deposit service uses, pro-
vided that such uses meet the fol-
lowing requirements:
a. The use is licensed as a delayed
deposit services business by the
State of Iowa.
b. No delayed deposit service use
shall be located within 600 feet
from any of the following, as
measured in a straight line from
the closest point of the property
line in which a delayed deposit
service use is located to the dos -
65
10-1
-2 BULK -REGULATIONS.
est point of the property line of
such other use or area: protected
uses, pawnbroker uses, other de-
layed deposit service uses, adult
uses, or non -limited alcohol sales
uses.
c. No delayed deposit service use
shall offer or provide delayed
deposit services via a drive-
through or walk-up window or
any similar drive -up or drive-in
system.
26. Pawnbroker uses
27. Freestanding Commercial Parking
Lots, upon approval of a Special
Permit by the Board of Adjustment
after recommendation of the Com-
mission. [Ordinance 5288, 06/15/15]
28. Fireworks Sales„ wh.en located
with-
in a building and not an.
accessory structurc„ and when said
fireworks sales are accessory an.d.
customarily incidental to an existing
wincipal retail sale u.se.
28. Other similar service and retail busi-
nesses not included in the above list
subject to the administrative review
and approval of the Planning staff.
If staff determines that the proposed
use is not similar in nature, it shall
be considered a proposed use not
covered by title, as regulated in 10-5-
1(R).
B. Accessory Uses:
1 Accessory uses permitted in the
"C-1" District.
2. Accessory uses and structures cus-
tomarily incidental to any permitted
principal uses.
10-15-2 BULK REGULATIONS.
[Ordinance 3050, 10/1/79]
[Ordinance 3192, 2/22/82]
[Ordinance 4592, 1/6/03]
Page 45 of 195
CHAPTER 19
-1" LIGHT INDUSTRIAL DISTRICT 10-19-2 REQUIRED CONDITIONS.
18. Machine shop.
19. Manufacture of musical instruments
and novelties.
20. Manufacture or assembly of electrical
appliances, instruments and devices.
21. Manufacture of pottery or other simi-
lar ceramic products, using only pre-
viously pulverized clay and kilns.
22. Manufacture and repair of electric
signs, advertising structures, sheet
metal products, including heating and
ventilating equipment.
23. Milk distributing station other than a
retail business conducted on the
premises.
24. Mini -storage development. [Ordinance
4683, 4/12/04]
25. Sawmill, planing mill, including man-
ufacture of wood products not involv-
ing chemical treatment.
26. The manufacturing, compounding,
processing, packaging or treatment of
cosmetics, pharmaceutical, and food
products except fish and meat prod-
ucts, cereals, sauerkraut, vinegar,
yeast, stock feed, flour, and the ren-
dering or refining of fats 'and oils.
27. The manufacture, compounding, as-
sembling or treatment of articles or
merchandise from previously pre-
pared materials such as bone, cloth,
cork, fiber, leather, paper, plastics,
metals or stones, tobacco, wax, yarns
and wood.
28. Automobile Body or Fender Repair
Shop. Vehicles not in running condi-
tion, not DOT operational and not be-
ing actively restored to running condi-
tion as well as machinery, salvage, or
used parts shall be located in an en-
closed building.
80
29. Wholesale Lumber Yards or Building
Material Sales Yards or Manufactur-
Mg Facilities.
30. Storage Warehouse or Business in-
cluding mini -storage or storage rental.
31. Wholesale Warehouse or Business
32. Recycling, Junk or Salvage Yards up-
on approval of a Special Permit by the
Board of Adjustment after recom-
mendation of the Commission and in
compliance with the requirements of
10-27-1(H)(8). Any new yard estab-
lished after the effective date of adop-
tion of this Ordinance shall have a
minimum fenced yard arca of five (5)
acres. This provision shall not restrict
the expansion of an existing yard that
is less than five (5) acres.
33. Sales Auction including automotive,
farm implement, livestock, furni-
ture/appliances, and similar uses.
34. Delayed deposit services uses.
35. Fireworks Sales, provided that any
such structure or 'building useci for
fireworks sales shall be at least two
hundred 200 feet from an. "R" Dis-
trict, and provided 0-
rary structure used for fireworks sales
tent ailer ca " C e. • etc.
shall be setba.ck at least twenty-five
(25) feet from any property line.
B. Accessory Uses:
1. Any accessory uses permitted in the
"C-3" Commercial District.
2. Any accessory uses customarily acces-
sory and incidental to a permitted
principal use.
10-19-2 REQUIRED CONDITIONS.
No use shall be permitted to be estab-
lished or maintained which by reason of its
nature or manner of operation is or may be-
come hazardous, noxious or offensive owing
Page 46 of 195
CITY OF WATERLOO
Council Communication
Resolution approving cancellation of assessment for 636 Hickory Street, in the amount of $1,564 for repairs to
the service line, 1016 Forest Avenue, in the amount of $63.85 ($53.35 Sewer and $10.50 Garbage), and 1526
Byron Avenue, in the amount of $233.95 ($112.93 Sewer, $21.81 Stoma and $99.21 garbage) and authorize
City Clerk to notify Black Hawk County Treasurer of said cancellation.
City Council Meeting: 1/22/2019
Prepared: 1/22/2019
REVIEWERS:
Department Reviewer Action Date
Clerk Office:, ppirby, Nanicy Approved 1/15/2019 4:37 PM.
SUBJECT:
Resolution approving cancellation of assessment for 636 Hickory Street, in
the amount of $1,564 for repairs to the service line, 1016 Forest Avenue, in
the amount of $63.85 ($53.35 Sewer and $10.50 Garbage), and 1526 Byron
Avenue, in the amount of $233.95 ($112.93 Sewer, $21.81 Storm and $99.21
garbage) and authorize City Clerk to notify Black Hawk County Treasurer of
said cancellation.
Submitted by: Submitted By: Kelley Felchle, City Clerk
Page 47 of 195
CITY OF WATERLOO
Council Communication
Cigarette/Tobacco Permit New Application for Romantix Adult Emporium, 1507 N. LaPorte Road.
City Council Meeting: 1/22/2019
Prepared:
REVIEWERS:
Department Reviewer Action D ate
('peri_ .OMice ip'gby, Nancy Approved / 6/y0I9... 1:38 PN4
SUBJECT:
Cigarette/Tobacco Permit New Application for Romantix Adult Emporium,
1507 N. LaPorte Road.
Page 48 of 195
CITY OF WATERLOO
Council Communication
Resolution approving a grant application to the Wellmark Foundation in the amount of $100,000 in conjunction
with the Waterloo Skatepark Project.
City Council Meeting: 1/22/2019
Prepared: 1/15/2019
REVIEWERS:
Department
p : naru;are Services
Clerk Office
Reviewer
Hitting, P au i
Even, p..eAnn
ATTACHMENTS:
Description
C\/:I uiaa < Grant App. Skatepark
s.katepark Nvorkshop'r
SUBJECT:
Submitted by:
Recommended Action:
Summary Statement:
Expenditure Required:
Source of Funds:
Policy Issue:
Background Information:
Action
App roved
A pp ro ved
Type
Coven I\ mo
Laver Memo
Date
/15/2( PM
...5:0 PM
1/16/2019 ... I I :2. fi AM
Resolution approving a grant application to the Wellmark Foundation in the
amount of $100,000 in conjunction with the Waterloo Skatepark Project.
Submitted By: Travis Nichols, Facilities and Projects Manager
Approve resolution.
Waterloo's Riverside Skatepark has been heavily damaged by the flood of
2016 and needs to be replaced. Leisure Services has contracted with a
skatepark design firm and is in the process of gathering public input for
design of the new skatepark. Several funding sources are being sought for
this estimated $350,000 project.
Wellmark Foundation requires a $100,000 match, half of which can be in-
kind services.
$75,000 in City of Waterloo CIP bond funding is currently designated for
this project. Several other grant funding sources are being sought, and
additional grant application authorizations will be coming to Council in the
near future for this project.
This plan for Lincoln Park improvements would support the City of
Waterloo Strategic Plan, Strategy 4.5 - "Maintain City facilities that support
quality of place".
Waterloo's Riverside Skatepark has been heavily damaged by the flood of
2016 and needs to be replaced. Leisure Services has contracted with a
skatepark design firm and is in the process of gathering public input for
design of the new skatepark. Several funding sources are being sought for
this estimated $350,000 project. A copy of the grant application has been
attached along with a notice for a public design input meeting.
Page 49 of 195
Page 50 of 195
11111111
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lOsoll1111110,1132 11
AR VALLEY SPORTSPLEX 300 JEFFERS0 ST. \WATERLOO, IA 50701
ADE INPUT & SMAPE THE CITY Of Vt(ATERLO03 NEW SKATEPARK
JANUARY 29, 2019 1 6:00 - 7:30 PM ri$7_zZ
MULTkPURPOSE ROOM CMPR)
SPOHN RANCH
SKATEPARKS
Page 51 of 195
CITY OF WATERLOO
Council Communication
Resolution approving the Iowa Certified Local Government 2018 Annual Report and authorize the Mayor,
City Clerk and Planning Staff to execute said document.
City Council Meeting: 1/22/2019
Prepared: 1/15/2018
REVIEWERS:
Department Reviewer Action Date
1° 1 ucnumn rog; &. Zorn Schroeder, Ark; /approved. 1./1.6/2( ... p 1p:13 AM
8!1061 (.1)ffii1ce 1^^"vu n, 1:,eAnn Approved 1/16/2019- 11 3 AM
ATTACHMENTS:
Description Type
D CLG AnnurRai ::°Iport Cover Memo
SUBJECT:
Submitted by:
Resolution approving the Iowa Certified Local Government 2018 Annual
Report and authorize the Mayor and Planning Staff to execute said
document.
Submitted By: Noel Anderson, Community Planning and Development
Director
Recommended Action: Approval
Summary Statement:
Expenditure Required:
Source of Funds:
Policy Issue:
As a Certified Local Government the City of Waterloo needs to file a report
annualy to the State of Iowa and the United States Department of the
Interior.
The benefit of being a Certified Local Government:
• Access to special funding
• Recognized by State and Federal Agencies
• Technical Assistance for the State Historic Preservation Office
• Information Excahnge
This year the Historic Preservation Commission has accomplished:
• Added more information to its website giving it one of the most
informative HPC websites in the country.
• Recognized 5 groups and individuals for their contributions to historic
preservation in the city.
• Awarded Civil Rights Grant
None
N/A
Historic Preservation
Page 52 of 195
Alternative: Don't approve, which would cause the City of Waterloo to no longer be
designated as a Certified Local Government,
Page 53 of 195
Received
[For SHP° use only]
Mirdmum no. of meetings? yes no
Required training? yes no
FuIIy appointed commission? yes no
Has the commission been active? yes no
Has the commission accomplished
at Ieast one project? yes no
Comments:
Approved/CLG in good standing yes no
More information requested
Entered into database
IOWA CERTIFIED LOCAL GOVERNMENT
2018 ANNUAL REPORT (January 2018 -December 2018)
NAME OF THE CITY, COUNTY, OR LAND USE DISTRICT: City of Waterloo
Section I.
Locating Historic Properties
Identification, Evaluation, and Registration Activity
CLG Standards found in CLG Agreement and National Historic Preservation Act
�
The CLG shall maintain a system for the survey and inventory of historic and
prehistoric properties in a manner consistent with and approved by the STATE.
�
The CLG will review National Register nominations on any property that lies in the
jurisdiction of the local historic preservation commission.
1. Please provide complete reports and site inventory forms from historic
identification/survey, evaluation, and/or registration/nomination projects that your
commission completed in 2018. Do not include prjects that were funded with a CLG
grant or mandated by the Section 106 review and compliance process as we already
have these in our files.
Z. How many National Register of Historic PlaCes (NRHP) properties in your City,
County, or LUD were altered, moved, or demolished in 2018? Please identify the
property (historic name and address) and the action: N
CLG Annual Report 2018
1
I In 2018, how many additional properties did your city place on its list of locally
designated historic Iandmarks and/or historic districts? NONE
Most of Iowa's CLGs do not have a Iocal designation program. If you have questions
about whether you have a locally designation program or not, please contact Paula
Mohr before you complete this section.
(As a reminder, before your elected officials approve or change local districts or
ordinances, you must send a copy to the State Historic Preservation Officefor review and
comment. Please allow otleast 45days for our review) Please attach a copy of the final
designation nomination(s) and ordinance(s).
Date the ordinance(s) reviewed and commented by SHPO None
4. In 2018, what were the actions to revise, amend, change, or de -list a locally
designated property? Please attach documentation ofthe review and appeal process
and decisions made by the historic preservation commission, planning and zone
commission, city Council, District Court or other governmental agency or official
involved with the process. (use additional pages if needed) NONE.
Section 11
Managing, Protecting, and Preserving Historic Properties
• The CLG will enforce all appropriate state and local ordinances for designating and
protecting historic properties
• The CLG shall provide for adequate public participation in the local historic
preservation programs
4. Did your citycounty, LUD or its historic preservation commission undertake any
of the foliowing activities in 2018? P!ease think broadly about this question and
include any activity (small or large) that facilitated historic preservation in your
community. This is your opportunity to boast about your accomplishments and
get credit for the great work you do!
a. Historic preservation planning. Examples include the development or revision of
a preservation plan, development of a work plan for your commission, etc. (use
additional pages if needed)
During 2018 the HPC initiated an Intensive Level Survey of the Snnokey Row area of
Waterloo funded by a CLG Grant. The commission also has a National Register
Nomination in progress for the Walnut Neighborhood. The HPC was also awarded a
grant to study sites important to Civil Rights in Waterloo.
CLG Annual Report 2018
2
In 2017 the commission created a set of goals, and this year approved a list of future
projects that coincide with those goals. The commission also reviews its goals on a
regular basis to insure that they stay current.
b. Provided technical assistance on historic preservation issues or projects.
Examples include working with individual property owners, business owners,
institutions to identify appropriate treatments and find appropriate materials,
research advice, etc. Please be specific (use additional pages if needed)
The city has attempted to work with the owners of Mt. Moriah Baptist Church to
try to help them maintain and refurbish its unique church.
The commission is also developing a set of Frequently Ask Questions to post on
the commission's website and the website of historic neighborhoods that goes
over what the commission does and where to go to find assistance. There will
also be FAQ's on how to do a National Register Nomination and a local
designation.
c. Sponsored public educational programming in historic preservation. Examples
include training sessions offered to the public, walking tours, open houses,
lectures, Preservation Month activities, etc. (use additional pages if needed)
In May the commission held their annual awards banquet that possibly had the highest
attendance of any awards ceremony the commission has held. The following were
honored:
KWWL
Having been located at the corner of Franklin and 4th for many years, KWWL came to a
crossroads and had to make the decision between refurbishing its existing historic
building or constructing a new building most likely outside of Waterloo. While the easy
choice could have been to build a new building designed to their needs, they made the
decision to renovate their existing building at a cost of $10 million. As part of the
renovation the first floor facade was returned to an appearance closer to what it would
have had in its early days.
Sharon Smith
Sharon Smith lives in Waterloo's one residential historic district the Highland Historic
District. Sharon has become well known in the neighborhood as the person who will go
around the area and pick up any garbage that has been left. Sharon does what she cans
to make her community a better place.
CLG Annual Report 2018
3
Page 56 of 195
Reverend Holmes and Dr. Kirkland -Holmes
Mt. Moriah Missionary Baptist Church
Reverend Holmes is the pastor of Mount IVIoriah Missionary Baptist Church in the
Walnut Neighborhood. Since purchasing the church Reverend Holmes and his wife Dr.
Kirkland -Holmes have put in blood, sweet, tears and especially their own money in
keeping this unique architectural icon going.
Charles Pearson
Charles Pearson is a Waterloo native that has worked tirelessly for many years to bring a
great awareness of Afican-Annerican history to Iowa and especially to his hometown of
Waterloo. He recently worked with Abraham Funchess to have an awards ceremony and
bus tour honoring Martin Luther King Jr. on the 50th anniversary of his assassination.
Katie Orlando
While Katie Orlando is a member of the Historic Preservation Commission, her full time
job is Executive Director of Big Brothers Big Sisters for Northeast Iowa. Despite having to
suffer through a serious illness over the last few months, Katie went above and beyond
the call of duty by helping develop and implement the school art pject that is designed
to enlighten a new generation to the importance of historic preservation.
Library Presentation:
In October the commission was invited to the Waterloo Library to make a presentation
about the current status of the commission and answer questions from the community.
The commission was invited to speak regularly at the library.
5. lfthe city or county amended its historic preservation ordinance or resolution or
passed additional ordinances or resolutions that impact historic properties,
please attach copies of the amendments and new ordinances or resolutions.
(As a reminderbefore your elected officials approve Iocal districts or ordinances,
you must send cz copy to the State Historic Preservation Office for comment.
Please allow at least 45 days for our review.) NONE
7. If new or revised design standards and/or guidelines were developed and adopted
during 2018, please attach a copy.
In 2012, the commission passed new design guidelines and despite the fact that the
commission has been using them since then, they have never been formally adopted by
the city council. Therefore, while the commission looks at the next generation of design
guidelines to go along with the newest Department of Interiors standards the
cLG Annual Report 2018
4
commission reaffirmed its support for the 2012 Design Guidelines which will go to city
council for approval in January.
8. Are there any particular issues, challenges, and/or successes your preservation
commission has encountered or accomplished this year? (use additional pages if
needed)
The biggest struggle the commission continues to experience is the lack of funding. The
commission has applied for grants and received two of three applied for and will
continue to apply for grants. However, right now the commission has three major
projects underway so it would be difficult for it to take on more major projects.
The city and consequently the commission also face the challenges that many cities
across the state and country face including out of state investors that buy properties but
do not maintain them Ieadingthem to deteriorate beyond repair, because ofthe low
real estate prices in many of the historic areas of the cities homes that are owned by
elders who pass away are often abandoned by the children because it 15 not worth to fix
up consequently leading to the buildings deteriorating and being demolished.
The commission did show support for a proclamation to create a Historic Iowa US
Highway 20 that which would through Waterloo's east side on its track from Dubuque to
Sioux City. That proclamation was approved by the Waterloo City Council which brings
that prjectdnsertofruition.Thehopeisthatitvvi\lincreasethenunnberofcu|tura|
tourists through Waterloo and benefit the east side of the city where much of the work
of the commission is currently taking place.
9. Does your commission have a website and if so, what is the address?
Two years ago the commission had no web presence. However, in the Iast two years the
commission with the help of Marc Cashman from the Waterloo Community Television
has built its website to be one of the most informative commission websites. The
website includes every CLG report, all available minutes through the years, the original
1986 CLG agreement, commission goals, future prjects, every report that concerns
historic preservation has been digitized and available on the website, a large number of
links, and the most endangered buildings lists. In the next year the commission plans to
add photos for every award winner since the institution of the annual awards banquet
and FAQ sheets for national register homes and districts and how to get a building on
the national register of historic places.
Section 111
Historic Preservation Program Administration
CLG Annual Report 2018
5
• The CLG will organize and maintain a historic preservation commission, which must
meet at Ieast three (3) times per year.
• The commission will be composed of community members with a demonstrated
positive interest in historic preservation, or closely related fields, to the extent
available in the community.
�
The commission will comply with Iowa Code Chapter 21 (open meetings) in its
operations.
• Commission members will participate in state-sponsored or state -approved historic
preservation training activities.
10. List dates of meetings held (please note these are meetings actually held with a
quorum, not just those that were scheduled).February
17, a 15 June 19_,Jui_y_117„ Aug_st 21 September 18, October 16 November 2 and
eceaber 18
11. We recommend that each commission have a budget with a minimum of $750 to
pay for training and other commission expenses. In 2018, what was the dollar amount
for the historic preservation commission's annual budget?
The cal issior oes not have awestabUish bu however, commission did get
Jrani thprovide atc f he Certified Local we{nnmemt Grant that
was a proved in 2017.
12. Where are your official CLG files located?
Files are located in the City of Waterloo Planning and Zoning Department.
13. Each commission should develop a work plan for the coming year. This work plan
should include the project(s), initiatives and programs you plan to begin or complete.
Please attach your work plan to your annual report. (attached)
14. Please update the attached CLG Personnel Information Table (this must be
completed).
15. Please attach biographical sketches for commissioners who were newly appointed in
2018 or 2019. Please be sure newly appointed commissioners sign and date their
statement.
16. Please complete the 2018 Commission Training Table.
PLEASE SIGN and DATE
CLG Annual Report 2018
6
Signature mperson who completed this report
Signature of Mayor or Chairman of the Board ofSupervisors
Date
Da e
Please retain a copy for your official CLG file and send a PDF of the signed document to
ou|a.mnohr@iovva.Aov. OR you can mali a hard copy with originai signatures to the
address below. The deadline is February 28, 2019.
Paula A. Mohr
Stte Historical Society of Iowa
600 East Locust St,
Des Moines IA 50319-0290
If you have questions, please contact me at: (515) 281-6826.
Thank you for your timely response!
CLG Annual Report 2018
7
2018 Historic Preservation Training Table
An important requirement of the Certified Local Government program is annual state-
sponsored or state -approved training undertaken by at least one member of the
historic preservation commission and/or staff Iiaison. In this table, provide
information about the commissioners' involvement in historic preservation training,
listing the name of the conference, workshop or meeting (including on-line training
opportunities); the sponsoring organization; the Iocation and date when the training
occurred. Be sure to provide the names of commissioners, staff, and elected officials
who attended.
Name of Training Session: 2018 FORUM
Sponsoring organization: National Alliance of Preservation Commissions
Location: Des Moines, Iowa
Date: July 2018
Names of commission members, staff and elected officials who attended the Preserve
Iowa Summit (plecme_pote t114,rpust be cor ete 70 one attended, enter none):
John Dornoff„Staff Person
Name of Training Session: SmgkeyRww Survey Training
Sponsoring organization: oipc
Location:
Date: Seipl_tembeLJA, 2Q18
Names of historic preservation commissioners, staff and elected officials who attended:
Ed Ottesen, Luke Jensoni5usan Price, and Terry Stevens Com ission members,John Domoff staff,
Name of Training Session: "Including Women in the Sequel: Re -interpretation and
Telling the Full History at Historic Sites"
Sponsoring organization: NatinnaU Trust for istoric Preservation
Location: Webinar
Date: march 14,z011.8
Names of historic preservation commissioners, staff and elected officials who attended:
John Domoff staff
Name ofTraining Session: Historic Tax Credit Tour
Sponsoring organization: ci.tyLgf Waterloo De_partment of Planning j_39d Development
Location: Waterloo, oya
Date: Au ust 28, 2018
Names of historic preservation commissioners, staff and elected officials who attended:
Ed Ottesen Commission Chair_person and John Dornoft staff,
CLG Annual Report 2018
8
Name of Training Session: Findip_g, Fundibgi The NationatTrust Grants Pro am
Sponsoring organization:
Location: wwnpir
Date: pec„pai hey .1,9 2018.
Names of historic preservation commissioners, staff and elected officials who attended:
John Dornoftstaff
Name of Training Session: Sodai Photography and Video
Sponsoring organization: National Trust far Historic Preservation
Lncation:Vyebinar
Date: Mav3.^203,8
Names of historic preservation commissioners, staff and elected officials who attended:
John Dornoft staff
Name of Training Session: Civil !@hts Lunch and Bus Tour
Sponsoring organization: City, of Waterloo Human Rights Commission
Location: WaterlooLlowa
Date: klii4 2018
Names of historic preservation commissioners, staff and elected officials who attended:
John Dorno
Name of Training Session: Hkstorical5tathrough Techmoiogy
Sponsoring organization: ationaiTrust for Historic
Location:!@OjIar
Date: January 16 2018,
Names of historic preservation commissioners, staff and elected officials who attended:
John /Dognoff^staff
Name of Training Session: 2018 Iowa Downtown Conference
Sponsoring organization: Iowa Economic Development
Location: Waterloo, Iowa
Date: August, 2018
Names of commission members, staff and elected officials who attended the Preserve
Iowa Summit (pleasenote this ttended, enter none):
JohmDorhoff Staff
CLG Annual Report 2018
9
CLGPersonnel Table
A. Please list the names of the Historic Preservation Commissioners who served during
calendar year 2018: Ed Ottesen, Luke Jenson, Susan Price, Maddie Morehouse, Rick
Jaacks, Ronald Milier, Terry Stevens, and Katie Orlando (resigned due to health reasons).
B. CHIEF ELECTED OFFICIAL 2018 (note this is beginning January 2019)
Name of Mayor, Chairman of Board of Supervisors, or President of LUD Trustees:
First Name: Quentin
Last Name: Hart
Mailing Address: 715 Mulberry Street, Waterloo, IA 50703
Phone Number: / 319 ) 291-4302
Email Address: mayor@waterloo-ia.org
(req
�req
First Name: )lohn.
Last Name: ,pocnoff
Job Title: Panner n
Mailing Address: Z]5Mulberry Street,_WaterVno"Uowa 50701
Phone Number: (319)?91~4466.
Email Address: ichn.dornoff2waterlog-Va.org,,
CLG Annual Report 2018
.
ed)
2019 HISTORIC PRESERVATION COMMISSION: ,ase n t that this is for 201
Please complete the following and provide information about your new 2019
commission.
If the commissioner represents a locally designated district, provide the name of the
district (RepresentativeName of Historic District). Specify the month, day, and year
that the commissioner's term will end (Term Ends). If a commission member serves
as contact with the State Historic Preservation Office for the Commission, please
circle yes. Electronic and mailed communication will be sent to the staff person
for the commission and the contact.
CHAIRPERSON/COMMISSIONER
FirstNanne:_kd
Last Name: ottc.AD
Mailing Address (please provide full mailing address including city and zip code): A9,41. w
@ Street_ Waterloo, IIA 50IO2
Home Phone Number: h19\234-1863
Work Phone Number: (319) 429-5569
Email Address: eaohorne,f,QmchsLcom
Representative, Name of Local Historic District: _
Term Ends: Month 0_, Day c13.
Year zg2c
Please indicate if this person serves as the Contact with the State Historic Preservation
Office for the Commission. Yes No
CLG Annual Report 2018
VICE CHAIRPERSON/COMMISSIONER
First Name: tAlke
Last Name: Jerscn
Mailing Address (please provide full mailing address including city and zip cnde\:�zz.East
m
Street Sui 300,:paterloo IA 50'704
Home Phone Number: Wnn 610-4688
Work Phone Number: /s19\232-6555
Email Address:
Representative, Name of Local Historic District:
Term Ends: Month p5 Day Q2 Year?p,p,
Please indicate if this person serves as the Contact with the State Historic Preservation
Office for the Commission. Circle Yes No
First Name: smsam
Mailing Address (please provide full mailing address including city and zip code): ,3753
Home Phone Number: hlo)2691Q245
Work Phone Number: (
Email Address:
Representative, Name of Local Historic District:
Term Ends: Month Day a,
Please indicate if this person serves as the Contact with the State Historic Preservation
Office for the Commission. Circle Yes No
CLG Annual Report 2018
COMMISSIONER
First Name: Ivladdie�
Last Name: MoreLhomse
Mailing Address (please provide full mailing address including city and zip code): 1.34.
Vincent RoasLWaterlop„lowa 50701
Home Phone Number: (.:3nw)4291035
Work Phone Number: h1g\23g-1422
Email Address:
Representative, Name of Local Historic District:
Term Ends: Month 12 Day 17 Year21
Please indicate if this person serves as the Contact with the State Historic Preservation
Office for the Commission. Circle Yes No
COMMISSIONER
FirstNarne:Risk
Last Name: llap_cks
Mailing Address (please rovd full mailing address including city and zip code): 38,25,
Weast 4th Street, Waterloo, BA 50701
Home Phone Number: hn\25O'I708
Work Phone Number: (319) 433-6130
Email Address:
ad
cpm .14nItvioir..s9.rn
Representative, Name of Local Historic District:
Term Ends: Month 1.p Day
Year2y�9.
Please indicate if this person serves as the Contact with the State Historic Preservation
Office for the Commission. Circle Yes No
CLG Annual Report 2018
COMMISSIONER
First Narne:ZeIZV
Last Name: Th/p�
Mailing Address (please provide full mailing address including city and zip code): 1629
Ackermant Street, Waterloo, IA 50703
Home Phone Number: (49_,)291-6724
Work Phone Number: (4;9) 833-3129
Email Address:
Representative, Name of Local Historic District:
Term Ends: Month R. Day pp Yemr_20ls!
Please indicate if this person serves as the Contact with the State Historic Preservation
Office for the Commission. Circle Yes No
COMMISSIONER
First Name: Es2n
Last Name: jfigr,
Mailing Address (please provide full mailing address including city and zip code): 1135
Independence Avenue, Waterloo, Iowa 507063
Home Phone Number: (319) 232-0698
Work Phone Number: hn«\��9-Z194
Email Address: R iHer742@aoLcom
Representative, Name of Local Historic District: Highland Historic District
Term Ends: Month 05 Day plq Year 2020
Please indicate if this person serves as the Contact with the State Historic Preservation
Office for the Commission. Circle Yes No
CLG Annual Report 2018
NAME:
Biographical Sketch
Applicant for Historic Preservation Commission
ADDRESS: _BA d.v.cx.__..�
WORK PHONE NUMBER WORK: (Y1)
HOME PHONE NUMBER:
EMAIL ADDRESS:
() ")) .,....
INTEREST IN LOCAL HISTORY AND HISTORIC PRESERVATION (Describe education,
employment, memberships, publications, and/or other activities which indicate your
interest in and commitment to historic preservation; or provide a statement detailing
your interest in local history and commitment to historic preservation)
EDUCATION: �L�C1� \j71\►{q
EMPLOYMENT:
INTERESTS: 1r
\9\A'' €1
1
While serving on the
-e \ eqr(6
C vV' Q 5
\-erfA
Historic Preservation
Commission, I will work to insure that the commission enforces the Historic Preservation
Ordinance/Resolution; upholds the CLG Agreement with the State of Iowa, and works in
compliance with the Secretary of the Interior's Standards for Archaeology and Historic
Preservation.
(/M
Si nature
CLG Annual Report 2018
l21IQ
ate
7
Page 68 of 195
Waterloo Historic Preservation Commission
Action Plan
Goal A: Creating Partnerships and Alliances:
1. At the beginning of each year, the prepared list proposed in item one will
be updated as necessary.
2. The prepared list of community organizations proposed in item one will
receive an invitation to the Commission's Historic Preservation Awards
ceremony, open to members of the community organization.
3. By May 31, 2019, the commission will prepare a list of community
organizations to forge informal alliances with to further common goals of
historic preservation in Waterloo.
4. By December 31, 2019 a member of the Commission will correspond,
through email, writing, telephone, or face-to-face communication, with a
president or board member of at least one of the identified community
organizations.
5. By December 31, 2019, a member of the Commission will attend a
member meeting of at least one of the identified community
organizations and introduce themselves and the purpose, mission
statement and goals of the Commission.
6. By December 31, 2019 a member of the commission will correspond,
through email, writing, telephone, or face-to-face communication, with a
president or board member of at least two of the identified community
organizations.
7. Be December 31, 2019, a member of the Commission will attend a
member of the meeting of at least one other of the identified community
organizations and introduce themselves and the purpose, mission,
statement and goals of the Commission.
8. By July 31, 2020 the commission will support through preparation of
literature, promotional material, or sponsorship, a Waterloo historic tour
created and led by the Cedar Valley Historic Society.
Goal B: Identify, Evaluate and Protect:
1. By April 30, 201 7 the Commission will ratify a specific list of S.M.A.R.T. goals
pursuant of the Feb. 2, 2017 special meeting. -Done
2. By May 31, 2017, the Commission will identify at least two neighborhoods
in the city of Waterloo that are of the highest -priority of obtaining a historic
designation survey, to be obtainec by December 31, 2012 -Done
3. By April 1, 2017 two commission board members will prepare a formal list,
with descriptions, entitled "Most Endangered Buildings of Waterloo" which
will be ratified by the commission by April 30, 2017. -Done
Page 69 of 195
4. By March 1, 2018 the commissioners will prepare a formal list, with
descriptions, entitled "Most Endangered Buildings of Waterloo 2018" which
will be ratified by the commission on by March 1, 2018 - Done
5. By February 1, 2019, the commission will seek, and if possible, identify an
appropriate church and prepare a Letter of Intent for the 2018 cohort of
participants in the National Fund for Sacred Places in collaboration with
the National Trust for Historic Preservation. For the Partners for Sacred
Places Fund.
6. By March 1, 2019 the commissioners will prepare a formal list, with
descriptions, entitled "Most Endangered Buildings of Waterloo 2019" which
will be ratified by the commission at the March meeting.
Goal C: Education/Community Outreach/Communication:
1 Prior to the Commission's Historic Preservation Award's ceremony, a
member of the Commission will sign and send an invitation to the
ceremony to each of the Waterloo City Council members and the Mayor
of Waterloo. Such action will occur each year that the Commission holds
a ceremony.
2. By February 24, 2017 a board member will prepare a letter to the Waterloo
City Council in support of the Council approving the partnership and
memorandum of understanding with the Walnut Neighborhood
Association - Done
3. By May 31, 2019, two commission board members will prepare an article
for publication in the Waterloo Courier listing and describing the Most
Endangered Buildings of Waterloo as ratified by the Commission in April of
2017.
4. By September 30, 2017 a board member of the Commission will prepare a
student contest related to Historic Preservation for entry and awarding at
the 2018 Waterloo Historic Preservation Commission Awards Ceremony. -
Done
5. By January 31, 2018 a board member of the Commission will contact the
school district to set up the student art contest for the 2019 Awards
Banquet.
6. On October 23, 2018 the commission will give a presentation at the
Waterloo Public Library.
7. By May 31, 2019 two commission board members will prepare articles for
publication in the Waterloo Courier that will discuss the Most Endangered
Building List and other subjects.
8. By September 30, 2019 a board member of the Commission will contact
the Waterloo School District or at least one local elementary school or
middle school, to inquire about hosting a board member of the
Commission at a school period for purposes of discussion the importance
of local history and historic preservation to students
Page 70 of 195
Goal D: Funding:
1. By December 31, 2017 the Commission will apply for at least two grant
applications, not with the Community Foundation of Northeast Iowa, for
the support of a Historic Preservation Project. - Done
2. By December 31, 2017, the Commission will identify other sources of
potential support for projects.
3. By June 30, 2019 the Commission will apply for a grant with the
Community Foundation of Northeast Iowa for purposes of support a
project of the Commission
Goal E: Internal Development:
1. By December 31, 2019, at least one-third of board members will have
attended an education seminar, workshop, webinar, or conference that is
approved for state accreditation credits.
2. By December 31, 2019, at least 3 members of the board will have
attended an education seminary, workshop, webinar, or conference that
is approved for state accreditation credits.
Page 71 of 195
Possible Future Project List
• Historic Surveys (Supporting Goal B)
o Church Row Historic Neighborhood
o Highland Neighborhood
o Kingbard/Prospect Areas
o Hammond/Wellington Area
o Expanded Triangle
o Other Significant Areas
• Highland Neighborhood Improvements (Supporting Goals
A, B, and C)
o Highland Neighborhood Independence Gateway
Arches
o Highland Neighborhood Powder Coating
o Highland Neighborhood Highland Bivd Plaques
o Highland Neighborhood Historic Plaques
o Highland Neighborhood Tourist Walk Brochures
Printing
o Highland Neighborhood Tourist Walk Brochures
Design
o Highland Neighborhood Real Estate Agent Flyers
Printing
o Highland Neighborhood Real Estate Agent Flyers
Design
• Working with non-profit agency to create a revolving loan
fund (Supporting Goals A, B, and D)
• Funding to allow all historic commissioners and staff person
to attend Preservation Iowa and/or the National Alliance
of Preservation Commissions (Goals A, C, D, and E)
• Funding or Partnerships to Restore Historic Structures in
Waterloo working with the city or private owners and
possible reuse of commercial properties (Supporting Goals
A, B, and D)
o Dunsmore House
o Walnut Baptist Church
o Mt. Moriah Missionary Baptist Church
Page 72 of 195
o Rath Administration Building
o St. Mary's
o Other historic structures
• Creation and distribution of a series of brochures on
historic preservation in the city including historic sites,
neighborhoods, and walking tours (Supporting Goals A, B
and 0).
• Creation of a multi -agency task for to develop long range
goals for economic development and historic preservation
that could lead to possible creation of a Community
Economic Development Corporation (Supporting Goals A,
B, C, and D)
Page 73 of 195
List of Possible Maps and Brochures
• Eastside Commercial and Walnut - Walking Tour
• East 4th Street - Walking Tour
• Highland Neighborhood (including Cleveland Homes) - Walking Tour
• Westside Commercial District - Walking Tour
• Church Row Neighborhood/Grout Museum Area - Walking Tour
• National Register of Historic Places - Map
• "A" Properties in Waterloo - Map
• "A" and "B" Properties in specific neighborhoods - Map
o Kingbard/Prospect/Columbia Circle
o Home Park
o Church Row
Page 74 of 195
CITY OF WATERLOO
Council Communication
Resolution approving a Development Agreement and Minimum Assessment Agreement with Cedar Valley Real
Estate, LLC for the redevelopment of a mixed use building located at 300-304 Commercial Street, with a tax
rebate amount of 70% for a term of fifteen years and a grant of $300,000, with a minimum assessment of
$1,300,000 and authorize the Mayor and City Clerk to execute said document.
City Council Meeting: 1/22/2019
Prepared: 1/16/2019
REVIEWERS:
Department Reviewer Action Date
Zoning Schroeder, Aric iZ.ejected 1/16/2019 ...
:. Zoning Millen Adrienne Anp roved 1/16/2019 ...
man ; & Zoning Schroeder, A4c App n raved 1/16/2019 ...
Even, l.,eAnnn Appnanved.
f'llerlI< ()Rice
ATTACHMENTS:
Description
Devek pannent A.gtvernent
SUBJECT:
Submitted by:
Type
ups Material
49 All
50 AM
9
AM
1/16/2019 ... 11:19 AM
Resolution approving a Development Agreement and Minimum Assessment
Agreement with Cedar Valley Real Estate, LLC for the redevelopment of a
mixed use building located at 300-304 Commercial Street, with a tax rebate
amount of 70% for a term of fifteen years and a grant of S300,000, with a
minimum assessment of $1,300,000 and authorize the Mayor and City Clerk
to execute said document.
Submitted By: Noel Anderson, Commuity Planning and Development
Director
Recommended Action: Approval
The property at 300-304 Commercial Street has been vacant for a number of
years. The three story building is being redeveloped into first floor
commercial space along with residential on the second and third floors. The
Summary Statement: building is located within an area of downtown that has seen many
redevelopment projects in recent years and continues to attract developers to
the area.
Expenditure Required: $300,000
Source of Funds: TIF
Policy Issue: Strategic Planning Policy 1, 3 and 4 regarding Economic Development
Alternative: Not approve
Page 75 of 195
Legal Descriptions:
Lots No 4 & No 5 in Block No. 5 Original Plat on the West Side of the
Cedar River, in the City of Waterloo, Black Hawk County, Iowa.
Page 76 of 195
Prepared by Christopher S. Wendland, P.O. Box 596, Waterloo, IA 50703. 319-234-5701
DEVELOPMENT AGREEMENT
This Development Agreement (the "Agreement") is entered into as of
, 2019, by and between Cedar Valley Real Estate, LLC (the
"Company"), and the City of Waterloo, Iowa (the "City").
RECITALS
A. City considers economic development within the City a benefit to the
community and is willing for the overall good and welfare of the
community to provide financial incentives so as to encourage that goal.
B. Company is willing and able to finance and undertake acquisition and
rehabilitation of an existing multi -unit residential property located in the
Downtown Waterloo Urban Renewal and Redevelopment Plan Area.
AGREEMENT
NOW, THEREFORE, in consideration of the mutual covenants set forth herein,
the parties agree as follows:
1. Development Property. Company is the owner of a multi -story
residential structure located on real property at 300 Commercial Street, Waterloo,
described on Exhibit "A" attached hereto (the "Property") and consisting of tax parcel
nos. 8913-26-208-001 and 8913-26-208-002. Company will undertake the Project
(defined below) upon the Property. In connection with Improvements, Company will
make diligent and commercially reasonable efforts to prepare and submit applications
for brownfield and/or grayfield tax credits from the State of Iowa and for historic tax
credits from applicable state and federal agencies (collectively, the "Tax Credits").
2. Improvements by Company. Company shall upgrade and renovate the
rooms, common areas, and other facilities (all of the foregoing renovations and
improvements are collectively referred to as the "Improvements") at a minimum
estimated investment cost of $2,100,000. The Improvements shall be constructed in
accordance with all applicable City, state, and federal building codes and shall comply
with all applicable City ordinances and other applicable law, including review and
Page 77 of 195
approval by the Waterloo Development Corporation's (WDC) Design Build
Management Team (DBMT) process. The Property, the Improvements, and all
development -related work to make the Property usable for Company's purposes as
contemplated by this Agreement are collectively referred to as the "Project". Company
shall commence Improvements within four (4) months after the date of this Agreement
and shall substantially complete the Project within twelve (24) months thereafter.
3. City Activities in Aid of Project.
A. Rebates. City shall provide property tax rebates as further set forth
in Section 5 below.
B. Economic development grant. City shall pay to Company a
development grant of $300,000.00 (the "Grant"), payable within 30 days after City's
chief financial officer examines Project financial statements, budget and projections and
has had reasonable inquiries satisfied by Company. The purpose of the Grant is to
provide local government matching funds for the Tax Credits. If the Project is not
completed, Company shall repay the Grant to City in full within thirty (30) days after
written demand from City, plus interest at the rate of six percent (6%) per annum,
compounded monthly, from and after the date of initial disbursement until repaid in full.
If the Grant and interest are not repaid, then Company hereby authorizes City to
execute on Company's behalf and record a mortgage against the Property to secure
repayment of the Grant plus interest. Appointment of Attorney in Fact: Company
hereby authorizes City to execute and record, on Company's behalf and as its attorney-
in-fact, the mortgage provided for in this paragraph, and for such limited purpose
Company does hereby constitute and appoint City as its attorney-in-fact.
4. Minimum Assessment Agreement. Company acknowledges and
agrees that it will pay when due all taxes and assessments, general or special, and all
other lawful charges whatsoever levied upon or assessed or placed against the
Property. Company further agrees that, prior to the date set forth in Section 2 of
Exhibit "B", it will not seek or cause a reduction in the taxable valuation for the Property,
which shall be fixed for assessment purposes, below the aggregate amount of
$1,300,000.00 ("Minimum Actual Value"), through:
(1) willful destruction of the Property, Improvements, or any part of
either;
(ii) a request to the assessor of Black Hawk County; or
(iii) any proceedings, whether administrative, legal, or equitable, with
any administrative body or court within the City, Black Hawk
County, the State of Iowa, or the federal government.
Company agrees to sign the agreement attached as Exhibit "B" at closing.
2
Page 78 of 195
5. Property Tax Rebates. Provided that Company has completed the
Improvements as set forth herein and has executed the Minimum Assessment
Agreement as set forth in Section 4, the City agrees to rebate property taxes (with the
exceptions noted below) as follows:
70% rebate for each of Years One through Fifteen, inclusive,
for any taxable value over the January 1, 2018 value of $312,540.00. Rebates are
payable in respect of a given year only to the extent that Company has actually paid
general property taxes due and owing for such year. To receive rebates for a given
year, Company must, within twelve (12) months after the tax payment due date, submit
a completed rebate request to City on the form provided by or otherwise satisfactory to
City, and if Company fails to do so within thirty (30) days following delivery of written
notice from City, Company's right to a rebate for that year will be forfeited in the City's
discretion.
The taxable value of the Property as a result of the Improvements must
be increased by a minimum of 10% and must increase the annual tax by a minimum of
$500. This rebate program is not applicable to any special assessment levy, debt
service levy, or any other levy that is exempted from treatment as tax increment
financing under the provisions of applicable law. The first year in which a rebate may
be given ("Year One") shall be the first full year for which the assessment is based upon
the completed value of the Improvements and not a prior year for which the
assessment is based solely upon the value of the land or upon the value of the land
and a partial value of the Improvements, due to partial completion of the Improvements
or a partial tax year.
6. Obligations Contingent and Cancellable. Each and every obligation of
City under this Agreement is expressly made subject to and contingent upon City's
completion of all procedures, hearings and approvals deemed necessary by City or its
legal counsel for amendment of the urban renewal plan applicable to the Property
and/or project area, all of which must be completed within 180 days from the date this
Agreement is approved by the City council. Likewise, Company's obligations under this
Agreement are subject to and contingent upon City's completion of all such procedures,
hearings and approvals.
7. Representations and Warranties of City. City hereby represents and
warrants as follows:
A. City is not prohibited from consummating the transaction
contemplated in this Agreement by any law, regulation, agreement, instrument,
restriction, order or judgment.
B. Each person who executes and delivers this Agreement and all
documents to be delivered hereunder is and shall be authorized to do so on
behalf of City.
3
Page 79 of 195
8. Representations and Warranties of Company. Company hereby
represents and warrants as follows:
A. Company is not prohibited from consummating the transaction
contemplated in this Agreement by any law, regulation, agreement, instrument,
restriction, order or judgment.
B. Company is duly organized, validly existing, and in good standing
under the laws of the State of Iowa.
C. Company has full right, title, and authority to execute and perform
this Agreement and to consummate all of the transactions contemplated herein,
and each person who executes and delivers this Agreement and all documents
to be delivered to City hereunder is and shall be authorized to do so on behalf of
Company.
9. Materiality of Company's Promises, Covenants, Representations,
and Warranties. Each and every promise, covenant, representation, and warranty set
forth in this Agreement on the part of Company to be performed is a material term of
this Agreement, and each and every such promise, covenant, representation, and
warranty constitutes a material inducement for City to enter this Agreement. Company
acknowledges that without such promises, covenants, representations, and warranties,
City would not have entered this Agreement and would not have offered the substantial
Project incentives described herein. Upon breach of any promise or covenant, or in the
event of the incorrectness or falsity of any representation or warranty, City shall deliver
written notice of such breach to Company, and if Company fails to cure such breach
within sixty (60) days thereafter, City may, at its sole option and in addition to any other
right or remedy available to it, terminate this Agreement and declare it null and void.
10. Notices. Any notice under this Agreement shall be in writing and shall be
delivered in person, by overnight air courier service, by United States registered or
certified mail, postage prepaid, (with an additional copy delivered by one of the
foregoing means), and addressed:
(a) if to City, at 715 Mulberry Street, Waterloo, Iowa 50703, facsimile
number 319-291-4571, Attention: Mayor, with copies to the City Attorney and the
Community Planning and Development Director.
(b) if to Company, at 1626 Picturesque Drive, Cedar Falls, Iowa 50613,
facsimile number , Attn: Kade Hoppenworth.
Delivery of notice shall be deemed to occur (i) on the date of delivery when delivered in
person, (ii) one (1) business day following deposit for overnight delivery to an overnight
air courier service which guarantees next day delivery, or (iii) three (3) business days
following the date of deposit if mailed by United States registered or certified mail,
postage prepaid.
4
Page 80 of 195
11. No Joint Venture. Nothing in this Agreement shall, or shall be deemed
or construed to, create or constitute any joint venture, partnership, agency,
employment, or any other relationship between the City and Company nor to create any
liability for one party with respect to the liabilities or obligations of the other party or any
other person.
12. Amendment, Modification, and Waiver. No amendment, modification,
or waiver of any condition, provision, or term of this Agreement shall be valid or of any
effect unless made in writing, signed by the party or parties to be bound or by the duly
authorized representative of same, and specifying with particularity the extent and
nature of the amendment, modification, or waiver. Any waiver by any party of any
default by another party shall not affect or impair any rights arising from any subsequent
default.
13. Severability; Reformation. Each provision, section, sentence, clause,
phrase, and word of this Agreement is intended to be severable. If any portion of this
Agreement shall be deemed invalid or unenforceable, whether in whole or in part, the
offending provision or part thereof shall be deemed severed from this Agreement and
the remaining provisions of this Agreement shall not be affected thereby and shall
continue in full force and effect. If, for any reason, a court finds that any portion of this
Agreement is invalid or unenforceable as written, but that by limiting such provision or
portion thereof it would become valid and enforceable, then such provision or portion
thereof shall be deemed to be written, and shall be construed and enforced, as so
limited.
14. Captions. All captions, headings, or titles in the paragraphs or sections
of this Agreement are inserted only as a matter of convenience and/or reference, and
they shall in no way be construed as limiting, extending, or describing either the scope
or intent of this Agreement or of any provisions hereof.
15. Binding Effect. This Agreement shall be binding and shall inure to the
benefit of the parties and their respective successors, assigns, and legal
representatives.
16. Counterparts. This Agreement may be executed in one or more
counterparts, each of which shall be deemed an original and all of which, taken
together, shall constitute one and the same instrument.
17. Entire Agreement. This Agreement, together with the Minimum
Assessment Agreement attached hereto as Exhibit "B", constitutes the entire
agreement of the parties and supersedes all prior or contemporaneous negotiations,
discussions, understandings, or agreements, whether oral or written, with respect to the
subject matter hereof.
18. Time of Essence. Time is of the essence of this Agreement.
s
Page 81 of 195
IN WITNESS WHEREOF, the parties have executed this Development
Agreement by their duly authorized representatives as of the date first set forth above.
CITY OF WATERLOO, IOWA CEDAR VALLEY REAL ESTATE, LLC
By: By:
Quentin M. Hart, Mayor Kade Hoppenworth
Managing Member
Attest:
Kelley Felchle, City Clerk
PERSONAL GUARANTY. The undersigned members and/or managers of
Company hereby agree for themselves and their heirs, personal representatives, and
assigns, to unconditionally guarantee to City, its successors and assigns, the full and
prompt performance by Company, its successors and assigns, of all promises and
covenants on the part of Company to be performed pursuant to the foregoing
Agreement, including but not limited to the duties of indemnity set forth therein, if any.
Liability of guarantors hereunder is joint and several.
Kade Hoppenworth Daniel Cooley
6
Page 82 of 195
EXHIBIT "A"
Legal Description of Property
Lots Nos. 4 and 5 in Block No. 5, Original Plat on the West Side of the Cedar River, in the City of
Waterloo, Black Hawk County, Iowa.
Page 83 of 195
EXHIBIT "B"
MINIMUM ASSESSMENT AGREEMENT
This Minimum Assessment Agreement (the "Agreement") is entered into as of
, 2019, by and among the CITY OF WATERLOO, IOWA ("City"),
CEDAR VALLEY REAL ESTATE, LLC ("Company"), and the COUNTY ASSESSOR of
the City of Waterloo, Iowa ("Assessor").
WITNESSETH:
WHEREAS, on or before the date hereof the City and Company have entered
into a development agreement (the "Development Agreement") regarding certain real
property, described in Exhibit "A" thereto, located in the City; and
WHEREAS, it is contemplated that pursuant to the Development Agreement, the
Company will undertake the development of an area ("Project") within the City and
within the Downtown Waterloo Urban Renewal and Redevelopment Plan Area; and
WHEREAS, pursuant to Iowa Code § 403.6, as amended, the City and the
Company desire to establish a minimum actual value for the land and the building(s)
pursuant to this Agreement and applicable only to the Project, which shall be effective
upon substantial completion of the Project and from then until this Agreement is
terminated pursuant to the terms herein and which is intended to reflect the minimum
actual value of the land and buildings as to the Project only; and
WHEREAS, the City and the Assessor have reviewed the preliminary plans and
specifications for the improvements (the "Improvements") which the parties contemplate
will be erected as a part of the Project.
NOW, THEREFORE, the parties hereto, in consideration of the promises,
covenants, and agreements made by each other, do hereby agree as follows:
1. Upon substantial completion of construction of the Improvements by the
Developer, the minimum actual taxable value which shall be fixed for assessment
purposes for the land and Improvements to be constructed thereon by the Company as
a part of the Project shall not be less than $1,300,000.00 ("Minimum Actual Value") until
termination of this Agreement. The parties agree for purposes of this Agreement that
construction of the Improvements will be substantially completed on or before
December 31, 2020.
2. The Minimum Actual Value herein established shall be of no further force
and effect, and this Minimum Assessment Agreement shall terminate, on December 31,
2046. Nothing herein shall be deemed to waive the Company's rights under Iowa Code
§ 403.6, as amended, to contest that portion of any actual value assignment made by
Page 84 of 195
the Assessor in excess of the Minimum Actual Value established herein. In no event,
however, shall the Company seek or cause the reduction of the actual value assigned
below the Minimum Actual Value established herein during the term of this Agreement.
3. This Agreement shall be promptly recorded by the City with the Recorder
of Black Hawk County, Iowa. The City shall pay all costs of recording.
4. Neither the preambles nor provisions of this Agreement are intended to, or
shall be construed as, modifying the terms of the Development Agreement.
5. This Agreement shall inure to the benefit of and be binding upon the
successors and assigns of the parties.
CITY OF WATERLOO, IOWA CEDAR VALLEY REAL ESTATE, LLC
By: By:
Quentin M. Hart, Mayor Kade Hoppenworth
Managing Member
Attest:
Kelley Felchle, City Clerk
STATE OF IOWA )
) ss.
COUNTY OF BLACK HAWK )
On this day of , 2019, before me, a Notary Public in
and for the State of Iowa, personally appeared Quentin M. Hart and Kelley Felchle, to
me personally known, who being duly sworn, did say that they are the Mayor and City
Clerk, respectively, of the City of Waterloo, Iowa, a municipal corporation, created and
existing under the laws of the State of Iowa, and that the seal affixed to the foregoing
instrument is the seal of said municipal corporation, and that said instrument was
signed and sealed on behalf of said municipal corporation by authority and resolution of
its City Council, and said Mayor and City Clerk acknowledged said instrument to be the
free act and deed of said municipal corporation by it and by them voluntarily executed.
Notary Public
2
Page 85 of 195
STATE OF IOWA )
) ss.
COUNTY OF BLACK HAWK )
Acknowledged before me on , 2019 by Kade Hoppenworth, as
Managing Member of Cedar Valley Real Estate, LLC.
Notary Public
3
Page 86 of 195
CERTIFICATION OF ASSESSOR
The undersigned, having reviewed the plans and specifications for the improvements to
be constructed and the market value assigned to the land upon which the
improvements are to be constructed for the development, and being of the opinion that
the minimum market value contained in the foregoing Minimum Assessment Agreement
appears reasonable, hereby certifies as follows: The undersigned Assessor, being
legally responsible for the assessment of the property subject to the development, upon
completion of improvements to be made on it and in accordance with the Minimum
Assessment Agreement, certifies that the actual value assigned to such land and
building upon completion of the development shall not be less than One Million Three
Hundred Thousand Dollars ($1,300,000.00).
Assessor for Black Hawk County, Iowa
Date
STATE OF IOWA )
) ss.
COUNTY OF BLACK HAWK )
Subscribed and sworn to before me on , 2019, by T.J.
Koenigsfeld, Assessor for Black Hawk County, Iowa.
Notary Public
Page 87 of 195
CITY OF WATERLOO
Council Communication
Resolution approving request for Release of Reversionary Rights pertaining to a Development Agreement with
LG Companies, LLC, for the construction of one new single-family home located at 1935 Rainbow Drive, and
authorize the Mayor and City Clerk to execute said document.
City Council Meeting: 1/22/2019
Prepared: 1/18/2019
REVIEWERS:
Department Reviewer
1°p:t::nm'nn r & /on ip p^ven,
Action Date
Approved N8/20I9 ...
ATTACHMENTS:
Description Type
.Attachment ....kevCove
SUBJECT:
Submitted by:
Resolution approving request for Release of Reversionary Rights pertaining
to a Development Agreement with LG Companies, LLC, for the
construction of one new single-family home located at 1935 Rainbow Drive,
and authorize the Mayor and City Clerk to execute said document.
Submitted By: Noel Anderson, Community Planning & Development
Director
Recommended Action: Approval
The City of Waterloo and LG Companies, LLC entered into a development
agreement on December 11, 2017 for the development of two city owned
parcels to the east of 1947 Rainbow Drive for the purposes of constructing
one new single-family home with an attached garage. Within the agreement
there is a provision that gives rights to the City to reclaim the property or
Summary Statement: portions thereof if the developer failed to take timely action to develop the
property on terms specified in the agreement. The new house has been
constructed and has an address of 1935 Rainbow Drive and the Certificate
of Occupancy was issued on December 13, 2018. Therefore, the developer
has satisfied the conditions as set forth in the development agreement and
staff requests that the reversionary rights pertaining to the properties in
question be extinguished.
Expenditure Required: N/A
Source of Funds: N/A
Policy Issue: Housing and Economic Development
Alternative: N/A
Background Information: N/A
Page 88 of 195
Legal Descriptions:
Lots 2 and 3, Lobdell's Second Addition to Castle Hill, City of Waterloo,
Iowa.
Page 89 of 195
Prepared by Christopher S. Wendland, P.O. Box 596, Waterloo, IA 50704. Phone (319) 234-5701
Return to
RELEASE OF REVERSIONARY RIGHTS
WHEREAS, on or about December 11, 2017, the City of Waterloo, Iowa ("City") and
LGCompanies LLC ("Developer") entered into a certain Development Agreement (the "Agreement"), filed
February 19, 2018, as Doc. No. 2018-13526, concerning real property legally described as referenced in the
Agreement; and
WHEREAS, the Agreement provided a right of reversion to the City if the Developer failed to take
timely action to develop the property on the terms set forth in the Agreement; and
WHEREAS, Developer has satisfied the conditions for extinguishment of the City's reversionary
rights.
NOW, THEREFORE, City does hereby release and relinquish all rights of reversion, or similar
rights, arising from or in connection with the Agreement.
Dated January , 2019.
STATE OF IOWA
) ss:
BLACK HAWK COUNTY
CITY OF WATERLOO, IOWA
By:
Quentin Hart, Mayor
Attest:
Kelley Felchle, City Clerk
This record was acknowledged before me on January , 2019, by Quentin Hart and Kelley
Felchle as Mayor and City Clerk, respectively, of the City of Waterloo, Iowa.
Notary Public
Page 90 of 195
CITY OF WATERLOO
Council Communication
Resolution approving Design Guidelines for Historic Buildings created by the Historic Preservation
Commission.
City Council Meeting: 1/22/2019
Prepared: 1/15/2019
REVIEWERS:
Department
Sr., Zoning
ing & Zoning
g & Zoning
Clerk Office
Reviewer
Schroeder, Auric
deer, AAne
.eAnn
ATTACHMENTS:
Description
D 1't.e;vised. Histo1uilding 1)esign G:1u:uiuleinnes
D Former Historic 111 hi1ding Design fluid 11aA.:uup Material
Action Date
Zejected. 1/11.6/11011 Y ... 1i1. , r AM
/1pp roved 11/116/2019 10: ,6 Al
/..ppoved 11/16/20 11.9 AN.
Approved p /16/20 p 9 ... 11.2`% AM
Type
11a ckuu:r 1"✓ia rial
SUBJECT:
Submitted by:
Recommended Action:
Summary Statement:
Expenditure Required:
Source of Funds:
Policy Issue:
Alternative:
Resolution approving Design Guidelines for Historic Buildings created by
the Historic Preservation Commission.
Submitted By: Noel Anderson, Community Planning & Development
Director
Approval
At their October 16, 2018 meeting the City of Waterloo Historic
Preservation Commission recommend approval of the new Design
Guidelines to replace the guidelines approved in 1986. The new guidelines
are an interim set of guidelines as the commission designs a new generation
of guidelines built around the new Department of Interior Standards that
were released in 2018.
None
N/A
Historic Preservation
If the commission does not approved the guidelines the Historic
Commission will have to fall back to the guidelines that were adopted in
1986.
Page 91 of 195
Guidelines Revision — Updates 12/18/12
City of Waterloo
Historic Preservation Guidelines
Approved on
1
Page 92 of 195
Guidelines Revision — Updates 12/18/12
Table of Contents
Introduction
A. Intent and Purpose
B. Vision for Preservation of Waterloo's Historic Properties
C. Long Range Goals for Preservation of Waterloo's Historic Properties
I I. About the Guidelines for Historic Preservation
A. Methodology- Use of the Guidelines for Historic Preservation
B. Design Review Process
C. Submitting an Application for Historic Review
D. Major Review and Certificate of Appropriateness
1. Alternative Review in Preservation Districts
2. Certificates of No Material Effect
3. Appeals
E. Checklist to Get Started
F. Exceptions for Historic Properties
G. Exceptions for Non -historic Properties
H. Building Codes & Zoning Ordinances
I. Alternative Designs
111. Guidelines for Alterations
A. Foundations
B. Masonry
C. Wood
D. Mass & Rooflines, includes dormers
E. Siding
F. Paint & Color
G. Windows, includes shutters & storm windows
H. Doors, includes garage doors
I. Porches
J. Balustrades and Handrails
K. Gutters and Downspouts
L. Chimneys
M. Site & Landscaping, includes fences, parking & access
IV. Guidelines for Additions
A. Expansion of Building Footprint
B. Decks & Ramps
V. Guidelines for New Construction
A. New Primary Buildings
B. New Outbuildings
VI. Guidelines for Demolition
VII. Guidelines for Multi -family Buildings
VIII. Appendices
A. Definitions
2
Page 93 of 195
Guidelines Revision — Updates 12/18/12
I. Introduction
A. Intent and Purpose
This document was developed in coordination with the Waterloo Historic Preservation
Commission and code -regulating bodies to provide suggestions and recommendations for
the kinds of rehabilitation work and new construction that may be approved by the City of
Waterloo on and in the locally designated landmarks or districts. It is intended as a resource
for the use of property owners, residents, contractors, public officials, and others. The
Guidelines are designed to help protect and maintain the general historic character of
Waterloo's locally designated landmarks and districts, and also the exterior integrity of the
individual structures within the districts.
The Guidelines focus on the identification, retention, maintenance and restoration of the
various architectural styles and features that contribute to the overall character of the locally
designated landmarks and districts. Positive and negative visual examples provide
suggestions for appropriate approaches toward the maintenance, repair and restoration of a
variety of common features. Issues of new construction and renovation are also addressed.
The City of Waterloo Guidelines for Historic Preservation is based on the Secretary of the
Interior's Standards for Rehabilitation for rehabilitating historic buildings. The Guidelines are
designed to compliment the City of Waterloo Historic Preservation Ordinance. They are
expectations for appropriate treatments. All new work performed on landmarks or structures
in a historic district must be in compliance with the Ordinance. For this reason, property
owners are advised to consult with the City prior to undertaking any projects in a historic
district or on a landmark.
The Waterloo Historic Preservation Commission hopes that these guidelines encourage
property owners, businesses, institutions, neighborhood associations and City departments
to look for ways to work together and seek out funding sources to preserve, retain and repair
original historic materials.
B. Vision for Preservation of Waterloo's Historic Properties
Long known as the "Factory City of Iowa", Waterloo has a rich heritage as one of Iowa's
premier manufacturing and agricultural centers. This is reflected in its older buildings and its
neighborhoods. While the events of those times are long gone, they are recorded in the
form of an impressive collection of building styles and property types from the nineteenth
and early twentieth centuries. They serve as an enduring tool for the education of future
generations on the history of the city, its people, industries and growth.
These older buildings are some of the best -constructed America will ever have, and contain
materials and details that are difficult to duplicate. These buildings exhibit a high level of
craftsmanship, quality of design and materials that communicate the skills, cultures and
pride of their planners, builders and owners. Like any other resource, this unique heritage
must be protected and maintained. We can do that and enhance these historic resources
hand in hand with Waterloo's overall improvements and civic development. It requires that
the community as a whole recognize the value of its historic architecture and devote the
time and resources to its long-term protection.
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With this in mind, we envision the preservation, restoration and stewardship of Waterloo's
historical and architectural resources, including:
• Fostering civic pride in our history and architectural resources
• Encouraging neighborhood identity, pride and planning
• Encouraging clean up and beautification in the public, private and commercial historical
areas
• Stabilizing and improving property values in these areas
• Enhancing the aesthetics of new and existing development; design, landscaping, parking
and signage, with sensitivity to existing historical character
C. Long Range Goals for Preservation of Waterloo's Historic Properties
• Protect, enhance, and perpetuate those buildings, sites, and districts that represent or
reflect special elements of the city's cultural, social, economic, and architectural history
• Safeguard the city's historic, aesthetic, and cultural heritage as embodied and reflected
in such buildings, sites, and districts
• Strengthen the city's economy by encouraging the stabilization, improvement,
preservation, or rehabilitation of designated properties, districts or sites
• Protect and enhance the city's historic, cultural, and architectural heritage for tourists
and visitors and thereby, support and stimulate business and industry
• Promote the use of historic buildings, sites and districts for the education, pleasure, and
general welfare of the people of the city
• Promote attention to sound design principles in areas of new development and
redevelopment, and raise the level of community understanding and expectation for
quality in the built environment
• Integrate historic preservation with the city's comprehensive land use plan
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11. About the Guidelines for Historic Preservation
A. Methodology - Use of the Guidelines for Historic Preservation:
• Provide design guidelines for construction projects to landmarks and properties within
each district.
• Provide property owners with design criteria that will be the basis for approving or
denying Certificates of Appropriateness.
In writing the Guidelines for Historic Preservation, the Historic Preservation Commission has
made every effort to clarify the criteria for historic review. However, not every situation can
be anticipated. The Commission, at its discretion, may allow some flexibility for unique
properties and situations. The Commission acknowledges technological developments can
and will occur in the field of historic preservation. The Preservation Planner is available to
answer any questions, assist an owner or contractor with their project, and provide
additional preservation information.
B. Design Review Process
The Guidelines are intended to be a flexible document that will respond to the changing
needs of the City, the locally designated districts, landmarks and property owners. An
annual review of the Guidelines will be performed each year by the Historic Preservation
Commission to assess the need for changes and additions. The Historical Preservation
Commission will post updates to the Guidelines through available public outlets.
The Historic Preservation Commission is required by local ordinance to review and approve
much of the exterior work that is planned for a historical building. If a project is visible from
the street, the sidewalk or an alley, the Historical Preservation Commission or planning staff
must review it before work can proceed.
C. Submitting an Application for Historic Review
An application for historic review must be submitted to the Preservation Planner at the City
of Waterloo Planning and Zoning Office on the 2nd floor of City Hall at 715 Mulberry Street.
An application should include dimensioned drawings, sketches, photographs, text, product
samples, or other exhibits that accurately portray the work to be done. The Commission has
the ability to request additional information if it cannot fairly evaluate the application as
submitted. It is recommended that a potential applicant consult with the Planning and
Zoning Department prior to submitting an application to ensure that the proposed project
complies with the Guidelines. Submitting an application to the Historic Preservation
Commission will not involve any fee.
D. Major Review and Certificate of Appropriateness
Most applications for landmarks and properties in locally designated districts, and
applications for significant changes in preservation districts, will require major review. The
Historic Preservation Commission will review these applications, and a quorum of the
Commission will vote to approve or deny the application at its next regularly scheduled
meeting. If the Commission votes to approve the application, a Certificate of
Appropriateness will be issued to the owner and contractor, and will be filed with the
Planning and Zoning Office.
1. Alternative Review in Preservation Districts
In preservation districts, there is an alternative type of review that is intended to
shorten the historic review process. An alternative review may be used to approve a
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Certificate of Appropriateness for certain types of projects. The applicant,
Preservation Planner, or Commission member may request that an alternative
review go to the full Commission.
Appropriate Projects
• Alterations: All alterations except changes in window type, pattern or dimension,
and additions of dormers
• Additions: Decks located behind the primary structure
• New Constructions: New outbuildings provided they are located behind the rear
plane of the existing primary structure
• Demolition: Non -historic outbuildings and non -historic features of a primary
building
• Certificates of No Material Effect
2. Certificates of No Material Effect
The Commission Chair and the Preservation Planner or their designees may issue a
Certificate of No Material Effect if the work contemplated in the application will have
no effect on the appearance of significant architectural features and a review by the
full Commission is not required.
3. Appeals
Applicants may appeal decisions of the Commission within thirty (30) days to the City
Council by filing a written notice with the City Clerk. The notice of appeal shall
identify the applicant, the date of the Commission's action, and the grounds for
appeal. No new matters shall be considered. The City Council may affirm or reverse
the Commission's action, or may refer the matter back to the Commission for such
further action as appropriate. The City Clerk shall give written notice of the City
Council's decision within seven (7) days of same to the appellant and the
commission.
An appellant who is not satisfied with the decision by the City Council may file an
appeal in the district court of Black Hawk County within sixty (60) days of the City
Council's decision.
E. Checklist To Get Started
Step 1: Review the design guidelines and research historical documentation
(photos, surveys, etc.) of your property.
This may assist in generating ideas or providing direction for the idea you
already have.
Step 2: Contact the Planning Services Department to discuss your ideas with the
Historic Preservation Planner and to obtain the appropriate forms.
Step 3: Complete the forms and compile the information you will need to submit
along with them.
It is suggested that you retain the services of a contractor or design
professional familiar with historic preservation, if feasible, to assist you in
formulating a plan of action (i.e. decide what renovations you want to
accomplish, determine how much you can afford to do, etc.), generating
graphics to explain your project (floor plans, elevations, details), and
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completing the required forms, however, it is not required. These individuals
can help you compile all of the information required for submission to the
Planning and Zoning Office for review and the possible review of the Historic
Preservation Commission.
Step 4: Return your completed forms and all required information to the Planning
and Zoning Department for their review.
If the Preservation Planner determines that your project will have "no material
affect" on your property or meets the standards established by the design
guidelines, he may be able to sign off on your project and you can proceed to
Step 6. If the Planning Staff determines that your project will require a review
by the Historic Preservation Commission, your project will be placed on the
agenda for an upcoming HPC meeting and you will receive a notice via mail of
the time and place of said meeting.
Step 5: Attend the appropriate Historic Preservation Commission meeting and be
prepared to explain your project to the commissioners.
At this meeting, three things may happen. The Commission may table action
until they receive additional information, award a Certificate of Appropriateness
or deny your request based on non-conformance with the Commission
Standards. If they award the certificate, you may proceed to Step 6. If the
commission denies your request, you will need to revise your project, abandon
your project or compile information to establish economic non -viability for
completing your project according to the Commission Standards.
Step 6: Obtain a building permit and hire a competent contractor to complete the
approved work.
F. Exceptions for Historic Properties
In order to provide flexibility for changes to properties in preservation districts and
noncontributing properties in historic districts, a number of exceptions to the Waterloo
Guidelines have been created. These exceptions are intended to provide additional flexibility
in cases where a proposed construction project does not significantly affect the architectural
character of a historic structure. These exceptions, where applicable, are listed at the end of
each section of the guidelines.
G. Exceptions for Non -historic Properties
The historic preservation regulations are intended primarily to protect the character and
integrity of historic properties and districts. The great majority of properties located in historic
and preservation districts are historic properties, constructed 50 or more years ago. For the
relatively small number of properties that are classified as non -historic properties and were
constructed after the period of significance of a district, the Historic Preservation
Commission may grant exceptions to the Waterloo Guidelines. In order to qualify for an
exception, the proposed change to the exterior of a non -historic property must comply with
the following criteria:
1. Does not further detract from the historic character of the district.
2. Does not create a false historic character.
3. Is compatible with the style and character of the non -historic property.
Examples of exceptions that may be granted on a case-by-case basis for non -historic
properties are:
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• Use of vinyl and vinyl clad wood windows and snap -in muntin bars for replacement
windows
• Installation of sliding patio doors or other modern -style doors
• Use of synthetic siding on existing buildings provided the replacement siding is
similar in appearance to the original siding
• Use of synthetic siding on new accessory structures
• Use of concrete for a porch floor provided the floor is less than 18 inches above
grade
• Use of dimensional lumber for porch floor boards provided the gap between boards
is no more than 1/8 inch
• Alternative baluster and handrail designs
H. Building Codes and Zoning Ordinances
The requirements of the building codes and the zoning ordinance must be met in addition to
the recommendations of the Waterloo Guidelines. For certain requirements such as mass,
scale, size, site considerations, and setbacks from the street, the Waterloo Guidelines may
be more stringent than the building code or the zoning ordinance. The Historic Preservation
Commission does NOT review projects for compliance with the building code or zoning
ordinance. Please consult with Housing and Inspection Services to ensure the project
complies with these regulations.
I. Alternative Designs
The Historic Preservation Commission may consider alternative design solutions or
exceptions to the Waterloo Guidelines, the Design Guidelines for Multi -Family Buildings, or
the Neighborhood District Guidelines. The intent in considering alternative designs is to
allow architectural flexibility in exceptional circumstances. The intent is not to reduce the
scope or quality of work required by these guidelines.
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III. Guidelines for Alterations
A. Foundations
Foundations provide a base for a building and make a transition from the walls above
ground to the walls or supports below ground. The amount of exposed foundation varies
with historic structures, but is typically 12 to 30 inches. On brick or stone structures, the
foundation material may be different in color and texture than the wall material, and the two
are often separated by a belt course of yet another material or pattern.
Recommended:
Historic Foundations
• Correcting all sources of moisture and other circumstances that may cause damage to
the foundation wall and footings
• Clean, repair and/or re -point materials according to the Secretary of Interior's Standards
to ensure stability of materials, and integrity of moisture barrier
• Repairing or replacing, if necessary, foundations with materials that appear similar to the
existing materials in size, color, texture, composition, and joint profile
• Repairing stucco with a mixture that matches the existing in texture, color, and
composition
• Retaining the size and shape of historic door openings, window openings, and storm
cellar entrances in the foundation. If new window wells are required, the materials used
must appear similar to the existing foundation material
• Removing non -historic materials
• Maintaining a slope away from the foundation to prevent standing water or drainage
toward the foundation
• Confine alterations or removal of materials to the rear or non-visible areas
Disallowed:
Historic Foundations
• Covering exposed brick, stone, and textured concrete block foundations with a cement
plaster, stucco, plywood, corrugated metal or other substitute material
Not Recommended:
Historic foundations
• Raising the adjacent grade at the foundation to cover what was historically exposed
• Painting masonry or concrete foundations that were originally unpainted
• Foundations should not be altered in form. This may result in structural destabilization.
Repairing is preferred to replacing them
Exceptions:
Applies to: All Properties within Preservation Districts and non-contributing properties in
Historic Districts.
New Foundations
For replacement foundation walls and piers, concrete or rock -face concrete block may
be used in place of masonry units that appear similar to the existing.
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B. Masonry
Masonry is designed to resist weathering without paint or any other protective coating while
retaining an appealing appearance. As such, it is a relatively maintenance free material.
When there is deterioration of masonry, the single most important step is to locate and
repair the cause of the problem before going to the expense and trouble of repairing the
masonry. When repairing masonry, four important properties should be considered: color,
texture, dimension, and hardness of the masonry units.
Recommended:
Historic Masonry
• Removing all vines. Vines cause the masonry to retain moisture. Their root -like holdfasts
can cause damage to mortar joints
• Removing deteriorated mortar by hand. Raking the joints with hand tools is less likely to
damage the masonry
• Replacing deteriorated masonry units with ones that appear similar to the existing
masonry units in color, texture and size, and that have an appropriate hardness
• Using mortar that is similar in color, texture, joint profile, and hardness to the original
mortar. A recommended mix for historic masonry contains 1 part white Portland cement,
3 parts lime, and 9 parts sand. If necessary, dye may be added to the new mortar to
match the color of the original mortar. This mix is suitable for both laying and pointing
masonry walls
• Making mortar joints that match the dimensions, type and style of the original joints.
Historic mortar joints are often narrower than those commonly used today
• Cleaning new mortar smears from the masonry face with a mild acid designed for that
purpose
• Cleaning of excessively soiled or stained historic masonry using a natural bristle brush
and mild, water-based detergent. Low-pressure water systems that do not exceed 300
pounds of pressure is preferred
Disallowed:
Historic foundations
• Sandblasting, water blasting or any other abrasive cleaning method. Blasting can cause
very serious damage by destroying the protective exterior surface and exposing the
softer interior to rapid deterioration. This damage cannot be repaired
• Pointing soft historic masonry with a strong Portland cement mix or synthetic caulking
compound. Hard mortars will damage soft historic masonry such as brick
• Painting or sealing historic masonry that has not been painted
• Covering of masonry with cement plaster, stucco, metal or other substitute material
Exceptions:
Applies to: All Properties within Preservation Districts and non-contributing properties in
Historic Districts
Existing Masonry
• Removing deteriorated mortar with the use of electric grinders by a qualified
professional.
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• Cleaning masonry using a gentle chemical method that does not damage the
masonry.
C. Wood
Most of the historic structures in Waterloo are of wood frame construction and have wood
siding. Many dwellings have some wood elements such as frame windows, doors, porches,
cornices, decorative elements, and pediments. While wood is relatively inexpensive,
durable, and easy to work with, it must be maintained properly to have a long life. It must
withstand the often -harsh assaults of wind, rain, sun, and changing temperature.
Recommended:
Historic Wood
• Repairing historic wood elements rather than replacing them
• Using epoxy products to consolidate deteriorated wood components, and fill or
reconstruct missing wood
• Duplicating and replacing historic wood elements when they cannot be repaired
• Replacing damaged wood components with new or salvaged wood components that
match the historic ones
• Inspecting, evaluating and monitoring wood surfaces for signs of excessive water
damage, rot, or pest infestation. Keep all surfaces primed, painted and appropriately
caulked in order to prevent wood deterioration
• Eliminating excessive moisture problems such as leaky roofs, gutters, and downspouts
• Eliminating the improper venting of baths, kitchens, basements, and dryers may cause
moisture problems
• Removing vegetation that is growing against the wood elements or siding
Wood substitutes
• Substituting a material in place of wood only if the substitute material retains the
appearance and function of the original wood. The substitute material must be durable,
accept paint, and be approved by the Historic Preservation Commission. For many
applications, fiber cement board is an approved substitute for wood
Disallowed:
Historic wood
• Covering original wood siding, soffits and eave boards with another material such as
vinyl or aluminum siding not original to the building
• Using destructive and dangerous paint removal methods such as sandblasting, water
blasting, or burning with a propane or butane torch
• Removal of historic wood elements such as trim, porches, cornices, and decorative
elements
Wood substitutes
• Substituting material in place of wood that does not retain the appearance, function, and
paintability of the original wood
Exceptions:
Applies to: All Properties within Preservation Districts and non-contributing properties in
Historic Districts.
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Existing Wood
• Re -siding with similar material such as vinyl or aluminum siding of a building already
covered with replacement siding.
D. Mass and Rooflines, includes dormers
Mass and roof pitch are defining characteristics of historic architectural styles. Most of the
roofs in historic neighborhoods were originally sawn cedar shingles, although standing seam
metal was sometimes applied. The texture of the wood shingles on the steep -pitched roofs
was a prominent feature of historic neighborhoods during the 19th and early 20th centuries.
Recommended:
Original roofline and mass
• Preserving the original roof pitches and spans
• Preserving the original walls and vertical corners that define the massing of a historic
building
Materials
• Preserving historic trim such as crown molding, skirt and frieze boards, and decorative
metal
• Replacing a special historic shingle with one of a similar style when the old shingles
need replacing
• Using shingles that resemble the texture and color of weathered wood shingles for roofs
that had wood shingles historically
• Choosing metal roofs with dark colors, usually dull red or green, or a natural metallic
silver color
New dormers
• Designing new dormers to be of a size, scale and proportion that is consistent with the
architectural style
• Designing new dormers so the face of the dormer is primarily composed of window area
• Adding dormers to an existing roof in a manner that does not significantly alter the
character of the historic building
• Adding dormers that are in proportion to the roof's overall size. The width of the dormers
in proportion to the roof on which they are located should be consistent with the
architectural style
• Adding dormers that are no closer than 3 feet to an existing gable end or hip. The intent
is to avoid significantly altering the original roof lines
• Constructing gabled and hipped dormers that have roof pitches similar to the pitch of the
main roof
Disallowed:
Original roofline and mass
• Substantially altering the roof pitch of a historic building on one or both sides of the roof
to gain headroom below the rafters
New dormers
• Adding dormers that are wider than ones commonly found in the neighborhood or on
buildings of a similar architectural style
• Adding dormers that extend above the existing peak of the roof
Not Recommended:
• Installing antennas, vents, solar collectors, skylights, or other mechanical devices on
street elevations
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Exception:
Applies to: All Properties within Preservation Districts and non-contributing properties in
Historic Districts
Dormers
• Dormers may be larger than those commonly found on historic buildings of a similar
architectural style provided that the dormer does not seriously alter the character of
the building
E. Siding
Wood siding is prevalent throughout the neighborhoods in Waterloo. Most often it is plain
clapboard siding with an exposure between 3 and 5 inches; however, it is sometimes tongue
and groove, shiplap, or wall shingle siding. Wood siding along with the trim details and a
variety of paint colors combine to make one of the most important defining characteristics of
historic districts. This display of detail and color is essential to the character of the old
neighborhoods, and therefore, siding must be protected by the design guidelines.
The primary threat to the traditional appearance of older neighborhoods has come with the
application of synthetic siding. This has been installed in an effort to avoid periodic painting.
While synthetic siding may last longer than a paint job, it does deteriorate over time and
does need to be replaced when it fades, cracks, dents, or deteriorates. The application of
synthetic siding covers many architectural details of a building, damages the historic siding
and trim, and in some cases, necessitates the removal of historic elements altogether. Such
sidings can trap moisture behind them, which rots the wood underneath. Often this is
undetected and leads to potential structural damage. For all of the reasons stated above,
the covering of historic properties with synthetic siding is not allowed.
Recommended:
Historic siding
• Repairing historic wood siding and trim
• Replacing deteriorated sections of wood siding with new or salvaged wood siding that
matches the historic wood siding
• Removing synthetic siding and repairing historic wood siding and trim
Wood substitutes
• Substituting a material in place of wood siding only if the substitute material retains the
appearance and function of the original wood. The substitute material must be durable,
accept paint and be approved by the Historic Preservation Commission. In many
applications, fiber cement board is an approved wood substitute
Synthetic siding
• Matching synthetic siding may be used to repair damage to existing synthetic siding
Disallowed:
Historic trim
• Removing historic trim pieces such as door and window trim, skirt and frieze boards, and
corner boards
• Covering historic trim such as door and window trim, skirt and frieze boards, and corner
boards
Synthetic siding
Applying synthetic siding such as aluminum, vinyl, or false masonry siding
Exception:
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Applies to: All Properties within Preservation District
• Synthetic siding may be used provided:
• All sources of moisture that have caused damage to the structure are corrected and
the damage repaired prior to the application of the siding
• Historic architectural features such as window trim, brackets, moldings, rafter tails,
columns, balusters and similar details are not covered, removed, cut or otherwise
damaged. Unless severely deteriorated, historic wood siding must not be removed
F. Paint and Color
Paint schemes should be simple. One color for the body of the house, one on the trim and
one accent color for windows and doors usually is enough. Colors should be selected to
complement the style and period of the house. Colors should blend with and complement
the overall color schemes existing on the same street. Consult the Waterloo Public Library
or paint dealers for information on paint colors appropriate for use on various styles of
houses. A building permit is not required for painting and historic review is not required.
Recommended:
Repainting
• Removing loose and peeling paint and cleaning the surfaces to be painted in
accordance with pertinent State and Federal guidelines. Practices that help reduce the
potential for the creation of lead dust, such as misting surfaces with water when
scraping, are encouraged. Old paint that is sound and reasonably smooth should be left
in place as a foundation for the new paint
• Taking all recommended safety precautions, including using a proper respirator to avoid
breathing the fumes or dust from lead-based paint
• Collecting and properly disposing of paint chips and other waste
• Priming, caulking, and finishing with high-quality products
• Removing any grayed surface of weathered wood by sanding
• Treating dry wood with linseed oil and priming with an oil-based primer
Paint color
• Choosing a color scheme that is consistent with the architectural style of the building.
Typically, this would be one color for the body of the building, one or two colors for the
trim, and black or dark green for the storm sashes. If a horizontal board delineates the
upper floor of the building, a second color may be used for the upper floor walls.
Not Recommended:
Repainting
• Dry sanding, sandblasting or using high-pressure sprayers to remove paint from
masonry or wood
• Using high heat or open flames for paint removal
• Using paint strippers containing methylene chloride
• Using other methods with a high potential to create lead dust that are discouraged by
State and Federal guidelines
• Scrapping historically painted surfaces to bare wood, then applying clear finishes or
stains in order to create a "natural look"
Paint color
• Choosing bright, obtrusive colors
• Painting a building entirely white, or one color as this can obscure details of the structure
G. Windows, includes shutters & storm windows
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Windows are one of the most important elements that define a building's architectural
character. Important window characteristics include window type, size, proportion, trim and
pattern of divided -lights. Most often, historic windows are double -hung, but casements were
occasionally used. Except for small decorative windows, historic windows are generally
considerably taller than they are wide, and lower and upper floor windows are often aligned
vertically.
Recommended:
Historic windows
• Preserving the historic windows by repairing sashes and frames
• Retaining historic window frames and replacing badly deteriorated sashes with new
sashes that match the historic ones
Replacement windows
• Replacing badly deteriorated windows with new ones that match the type, size, sash
width, trim, use of divided -lights, and overall appearance of the historic windows
• Using new wood windows and sashes, if necessary, to replace historic wood windows
and sashes. The use of metal -clad, solid -wood windows is acceptable. Replacement
windows and trim must accept paint. Divided -lights may be created with muntin bars
that are adhered to both sides of the glass, but not with snap -in muntin bars
• Replacing a bedroom window, if required for egress by the Building Code, with a new
one that matches the size, trim, use of divided -lights, and overall appearance of the
previous bedroom window or other windows in the house
New windows
• Adding windows that match the type, proportions, trim, and appearance of the historic
windows. The sash width must be similar to that of the original windows
• Adding new windows in a location that is consistent with the window pattern of the
historic building or buildings of similar architectural style
Storm windows
• Installing traditional wood storm windows and screens on older buildings
• Installing wood -frame combination storm window with screens that resemble traditional
wood storm windows. The use of metal -clad, wood -frame combination storm windows is
acceptable. Storm windows must accept paint
Disallowed:
New and replacement windows
• Installing modern types of windows including sliding, awning, casement, and bay window
when they were not original to the building, consistent with the architectural style, or
required egress
• Installing metal, vinyl clad or vinyl windows when they were not original to the building
• Using snap -in muntin bars to achieve the appearance of divided lights
Not Recommended:
Storm windows
• Installing exterior metal or vinyl storm windows
Shutters
• Installing shutters on windows that did not historically have shutters
Exception:
Applies to: All Properties within Preservation Districts and non-contributing properties in
Historic Districts.
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• Vinyl or vinyl clad wood window may be used for replacement of basement windows
provided the foundation wall is no more than 18 inches above grade.
H. Doors, includes garage doors
The original size and shape of door openings should be maintained. Many historic entrance
doors are of panel -type construction or solid frames with glass lights in the upper part of the
door. Historic storm doors are often wood doors with removable sashes. These historic door
styles should be used when it is necessary to replace original doors. Historic garage doors
often possess distinctive design features and should be retained if possible.
Recommended:
Historic doors
• Repairing historic doors rather than replacing them
• Replacing badly deteriorated doors with new or salvaged doors that are similar in size,
material, style, and appearance
New doors
• Installing a wood screen door that accepts sashes with glass or screen
• Adding new door openings that are trimmed to match other doors and windows in the
building
• Substituting a material in place of wood for doors and screen doors only if the substitute
material retains the style and appearance of the historic doors and screen doors. The
substitute material must be durable, accept paint, and be approved by the Historic
Preservation Commission
Garage doors
• Retaining and repairing historic garage doors where practical
• Installing new garage doors that resemble the styles of historic ones
• Adding trim to garage door openings that match that of other doors and windows in the
garage
Disallowed:
New doors
• Installing flush entrance doors or other modern door styles
• Installing sliding patio doors if they were not original to the building or consistent with the
architectural style
• Installing natural aluminum storm doors
• Blocking down door openings to accommodate standard door sizes
Not Recommended:
• Installing a double -car garage door where two single car doors are more consistent with
the historic style
Exception:
Applies to: All Properties within Preservation Districts
• Sliding patio doors or other modern -style doors may be installed on the rear of a
primary building provided that the openings are trimmed to match the existing doors
and/or windows.
• Installing new garage doors that are simple in design. Smooth or simple panel -type
doors may be used.
I. Porches
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Porches are the focus of many historic buildings and help define their overall character. In
historic residential neighborhoods, front porches help to establish a sense of community.
Front porches and sun porches should be preserved for both their architectural and social
value.
Recommended:
Historic porches
• Repairing historic porches and conserving as much of the historic material as possible
• Replacing badly deteriorated components with new ones that match the historic
components in design and material. Custom fabrication of columns, brackets, pedestals,
and moldings may be necessary, but many porch components can be ordered through
lumberyards
• Using vertical -grained fir porch flooring for its resistance to weathering
• Constructing or replacing missing balustrades and handrails using historic photographs
or in a style that is consistent with both the building and neighborhood (See section III. J
Balustrades and Handrails for more details)
• Using wood steps for a wood porch and tile, brick, or concrete steps for a masonry porch
• Leaving exposed the support piers below the porch columns. Skirting must be added to
fill the space below the porch floor and grade if this space is 24 inches or greater. The
skirt must be located between the porch piers
• Constructing porch skirting using a 3-6 inch wood frame with slats fastened to the back
of the frame in a vertical or lattice pattern
• Enclosing only a portion of a front porch with screens to provide a sitting area that is to
the side of the steps and front entrance of the house. The screens should be set behind
the columns and balustrades to preserve the historic appearance of the porch
Wood substitutes
• Substituting a material in place of wood only if the substitute material retains the
appearance and function of the original wood. The substitute must be durable, accept
paint, and be approved by the Historic Preservation Commission
Disallowed:
Historic porches
• Removing a historic front porch
• Changing the original roof pitch. Other materials including EPDM rubber sheeting, heat—
sealed asphalt products and standing seam steel roofing make the maintenance of low-
pitched roofs easier than in years past
• Enclosing front porches or other porches that are highly visible from the street with
permanent windows and/or walls
New materials
• Using wrought iron elements unless they were part of the historic design
• Using unpainted treated wood for elements that would have been painted in their historic
applications
• Using precast concrete steps on the front or side elevation if the steps will be highly
visible from the street. They are acceptable on the rear elevation
Wood substitutes
• Substituting a material in place of wood that does not retain the appearance, function,
and paintability of the original wood
Exceptions:
Applies to: All Properties within Preservation Districts and non-contributing properties in
Historic Districts.
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New materials
• Porch floors may be concrete if the floor is no more than 18 inches above grade.
Porches with floors that are more than 18 inches above grade must be built using
traditional porch construction with wood joists and wood flooring
• Pretreated porch decking or dimensional lumber may be used for decking provided
the gaps between the floorboards do not exceed 1/8 inch
• Porches on rear elevations need not reproduce historic details
J. Balustrades and Handrails
Balustrades (guardrails) and handrails serve as both decorative and functional elements on
porches, balconies, and steps. For historic properties, the design should be consistent with
the architectural style, but not at the expense of safety.
Recommended:
Historic balustrades and handrails
• Repairing historic balustrades and railings
• Replacing badly deteriorated components with ones that match the historic components
in design and material
New balustrades and handrails
• Constructing or replacing missing balustrades by using historic photographs or by
choosing a style that is consistent with the architectural style of the building
• Installing turned balusters in balustrades that have an actual diameter of 2 inches or
greater, or square spindles that are 1-1/2 inches or greater in width
• Installing top and foot rails that are at least 2 inches in thickness. These can be made
with 3/4 -inch and 5/4 -inch lumber glued together
• On buildings where a spindled balustrade would be most consistent with the
architectural style, spacing spindles so that the balustrade is at least 40% solid. Spindles
must be spaced so that no gap between the spindles exceeds 4 inches as required by
the building code. This is for child safety
• Providing handrails on porch steps as required by the building code. Handrails should
match the historic balustrade height on the porch unless otherwise specified by the
building code. The handrail must have a continuous member that can be easily gripped.
The handrail should either match the porch balustrade or be made of round steel pipe
• Providing balustrades on the porch as required by the building code. When the porch
floor is more than 30 inches above grade, the balustrade must be 42 inches high except
for single-family and duplex structures where it may be as low as 36 inches
• Sloping the top and foot rails slightly to allow water to be shed from these surfaces and
help prevent deterioration of these members
Disallowed:
Historic balustrades and handrails
• Removing historic balustrades or railings
• Covering the historic balustrades or railings with materials such as siding
New balustrades and handrails
• Using unpainted treated wood for elements that would have been painted in the historic
application
• Using wrought iron elements unless they were part of the historic design
Exception:
Applies to: Applies to: All Properties within Preservation Districts and non-contributing
properties in Historic Districts.
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New balustrades and handrails
• On buildings where a spindled balustrade would be most consistent with the
architectural style, spacing spindles so that the balustrade is at least 30% solid
• On buildings where turned spindles would be most consistent with the architectural
style, installing square spindles
K. Gutters and Downspouts
Original built-in gutters are an important design feature of historic buildings. Removing these
requires a building permit and must be approved by the Historic Preservation Commission.
A building permit and Certificate of Appropriateness are not required for replacing external
gutters.
Recommended:
Original built-in gutters
• Repairing original built-in gutters. EPDM rubber sheeting is an economical replacement
material for the original tin flashing
New gutters and downspouts
• Installing metal downspouts placed vertically near the corners. They should be painted
to match the background wall color
• New gutters should be consistent with the historic style of the home
• Other composite materials may be acceptable but must be paintable surfaces
Disallowed:
Roof slope
• Altering the roof slope near the gutter when covering historic built-in gutters
Exception:
Applies to: All Properties within Preservation Districts and non-contributing properties in
Historic Districts.
• Covering original built-in gutters and applying exterior gutters only if the roof slope at
the gutter is not altered. This can be accomplished with blocking and flashing above
the old gutter
L. Chimneys
Fireplace chimneys are often a defining architectural feature of historic houses. Chimneys
may have decorative brickwork and often are a distinguishing feature of the roof profile.
Therefore, historic chimneys should be preserved.
Recommended:
Historic chimneys
• Adding a flue liner to historic chimneys for safety reasons
• Keeping flue caps as inconspicuous as possible
• Following the recommendations for masonry repair in Masonry
• Repairing and capping unused historic chimneys in a manner that prevents vermin from
entering the chimney, but allows air circulation
New chimneys
• Using masonry to construct full -height exterior fireplace chimneys in a manner that is
consistent with the architectural style of the building
• Boxing and finishing new chimney pipes that penetrate the roof with thin brick veneer or
stucco
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Disallowed:
Historic chimneys
• Removing prominent chimneys that are important to the historic architectural character
of the building
• Plastering over masonry chimneys in place of proper repair
• Pointing with mortar that is too hard for historic, soft brick
• Using synthetic sealants, adhesives and/or wraps to repair masonry chimneys
M. Site and Landscaping, includes fences, parking & access
Site features and landscaping can contribute significantly to the character of a
neighborhood, streetscape or property. Accommodating parking, site access and other
modern outdoor needs should be done in a discreet manner. To the extent possible, these
modern site features should be located in the backyard and accessed from an alley.
Recommended:
• Repairing historic brick paving materials and retaining walls
• Constructing new driveways to be similar to historic driveways in the neighborhoods.
Typically these driveways are 8-10 feet in width and may have only a three-foot section
for each track paved, leaving grass in the center of the drive
• Removing large trees that are planted closer than 20 feet to historic buildings and shrubs
planted closer than 5 feet. Trees, shrubs and other substantial plantings can increase
the moisture and mold at the exterior walls and the roots can damage foundations
Pedestrian Access
• Providing a sidewalk that connects the entrance door or porch to the public sidewalk
Vehicular Access
• Providing vehicular access from an alley when available. Driveways leading from the
street to garages or parking at the rear of the property should be one lane in width, but
can be widened toward the back of the lot to provide access to multi -stall garages or
parking spaces
Parkinq
• Providing parking behind the primary structure on a lot where possible. If parking must
be located along the side of an existing or new primary structure, it must be set back
from the front plane of the building a minimum of 10 feet and be screened by a
decorative fence, landscaping, or a combination of a decorative fence and landscaping,
and approved by the Historic Preservation Commission
Fences
• Installing fences between the street and the front facade that are 3 feet or less in height
• Designing fences to be similar to historic fence styles, such as wood picket fences, and
wrought iron or metal fences
• Painting wood fences
Disallowed:
• Providing parking spaces between the primary structure and the street
• Adding curb cuts and driveways from the street when access is available from an alley
• Removing historic metal fences
Not Recommended:
• Replacing historic brick paving with plain concrete, decorative concrete consistent with
the historic style is appropriate
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• Removing mature trees not located within 20 feet of the historic building, unless tree is
causing damage to a building, is diseased, or is structurally unsound, as determined by
a professional arborist
Fences
• Installing chain link, wire mesh or rail fences in locations highly visible from the street
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IV. Guidelines for Additions
An addition to a historic house is often required to accommodate an expanding family, home
office or modern lifestyle. These guidelines are for additions that expand the interior living
space or building footprint, as well as for other attached structures such as new porches,
decks and ramps.
A. Expansion of Building Footprint
When planning an addition that expands the building footprint, consider first how a new
exterior form and roof can be added to the existing structure in a manner that is compatible
with the design of the historic building. Often, the desired interior space dictates the location
and size of the addition, and the resulting roofline and form appear awkward and
inconsistent with the historic structure. The Historic Preservation Commission strongly
recommends using a design professional to help evaluate space needs and plan a
compatible addition.
Recommended:
New foundations
• For additions to foundations, concrete or textured concrete block may be used in place
of masonry units that appear similar to the original masonry
• For additions to foundations, it is acceptable to match the color of the original foundation
by using paint or masonry stain rather than matching the material and appearance of the
original foundation material
New masonry
• Additions to masonry structures may be sided with wood. The siding type must be
consistent with the age and architectural style of the historic building. The trim must be
consistent with both the siding type and the architectural style of the building. Any
substitute materials must be durable, accept paint, and be approved by the Historic
Preservation Commission
Paint and Color
• Painting additions to match the existing historic building
Windows
• Using windows that are of a similar type, proportion and divided light pattern as those in
the original structure
• Following the guidelines for new windows in section III.G - Windows
Doors
• Installing doors in additions that match the material of historic doors, and have a similar
style and appearance as the historic doors in the existing building. Installing French
doors, or doors of a similar type, in additions where a large opening is desired.
• Following the guidelines for new doors in section III.H - Doors
Gutters and downspouts
• Constructing built-in gutters in additions to historic buildings that have built-in gutters
New Porches
• Constructing new porches that are consistent with the historic building or similar to
porches of the same architectural style
• Constructing new porches that are more than 18 inches above grade using traditional
porch construction with wood joists and wood flooring
• Adding skirting to fill the space between the porch floor and grade if this space is 24
inches or greater. The skirt should be constructed between the porch piers
Balustrades and handrails
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• Following the guidelines for new balustrades and handrails in section III.J - Balustrades
and Handrails
Chimneys
• Constructing new exterior fireplace chimneys of masonry or stucco if the chimney is
highly visible from the street
Disallowed:
• Constructing an addition between the historic building and the street
• Leaving large expanses of wall surface uninterrupted by windows or doors
• Constructing an addition that is not distinguishable from the historic building
• Using synthetic siding on an addition instead of the historic siding type or a substitute
material approved by the Historic Preservation Commission
• Adding space to a structure by enclosing a historic front or side porch
Not Recommended:
• Constructing an addition that expands a historic house vertically and increases its overall
height. Remodeling an attic space and adding dormers is acceptable
Exceptions:
Applies to: Preservation Districts All additions
Wood
• Window trim, door trim, fascia and frieze boards, and corner and band boards on
additions must be similar to those on the historic building. However, other details of
the historic building may be omitted, simplified, or enhanced on additions as long as
they are compatible with the existing structure
Windows
• Modern window types, such as casement windows, may be used in additions
provided they have overall proportions comparable to those found on the historic
building, and a similar divided -light pattern. The windows must be trimmed to match
the historic windows in the building. The windows may be installed side-by-side, but
they must have a mullion between them if mullions were used between windows on
the historic building. Transom -like or half -round fixed glass units may be used if they
create a traditional -looking window arrangement consistent with the historic building
style
Porches
• Porch floors maybe concrete if the floor is no more than 18 inches above grade
• Porches with floors that are more than 18 inches above grade must be built using
traditional porch construction with wood joists and wood flooring
• Dimensional lumber may be used for decking provided the gaps between the
floorboards do not exceed 1/8 inch
• Porches on rear elevations need not reproduce historic details
Gutters and downspouts
• Additions need not have built-in gutters unless the new gutters align with the built-in
gutters of the existing building. For instance, a one-story addition need not have
built-in gutters if it is attached to a two-story wall.
B. Decks and Ramps
Decks and ramps are features that are not typical to historic structures. They are modern
inventions designed to meet the needs of our modern lifestyle and building codes. As such,
it is not necessary that they duplicate the details of the building to which they are attached,
however, they should be as unobtrusive as possible. Ramps may be approved to
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accommodate reasonable access and use by disabled occupants provided they do not
significantly alter or detract from the historic character of the building. The Historic
Preservation Commission will work with applicants to find designs that will accommodate
their needs and that are compatible with the historic character of the building.
Recommended:
Decks
• Locating a new deck on the back of a primary building, opposite the street -facing facade
and set in from the side walls at least 8 inches
• Designing decks so that the size, scale and location do not detract from the character of
the district's rear yards, if significant to the district
• Attaching decks to the building in a manner that will not damage a historic exterior wall
or, other historic materials, or cause wood siding to deteriorate
• Following the guidelines in section I11.J - Balustrades and Handrails
• If creating a screened porch structure, following the guidelines for porches in section
1V.A - Expansion of Building Footprint
Ramps
• Designing ramps so they do not detract from the historic character of the house. To the
extent possible, the yard should be graded to create a portion of the incline of the ramp
• Locating a new ramp, or as much of the new ramp as possible, on the side of the
building
• Incorporating a ramp into a porch
• Landscaping around a ramp to soften the visual impact of the structure from the street
• Following the guidelines in section 111.J - Balustrades and Handrails
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V. Guidelines for New Construction
Most new structures constructed in Waterloo's historic neighborhoods are garages or other
outbuildings. Although most of the lots in these neighborhoods are developed, occasionally
the opportunity to construct a new primary structure on a vacant lot may arise, or to replace
a non -historic building or a building that has been destroyed. These guidelines are intended
to ensure that new buildings are compatible with the character of the neighborhood. These
factors are dependent on the character of the surrounding neighborhood and district, and
therefore are not addressed in this section.
A. New Primary Buildings
Recommended:
Setbacks
• For new primary buildings, locating the building a distance from the street so that the
setback is consistent with the setbacks of existing buildings located adjacent to the
proposed building
• Determining the setback of a new primary building by taking the average of the setbacks
of the four nearest primary buildings located on the same block and along the same
street frontage. The setbacks of existing buildings should be measured at the first floor
wall of the main living area of the building, excluding a covered or enclosed porch
• Locating front porches on new buildings so that they extend into the required front yard
provided they are no closer to the street than any of the other porches along the same
frontage. Front porches are prevalent on existing buildings within the districts
• Designing a new primary structure in a similar style to the architectural styles prevalent
in the district
Masonry
• Using masonry that has a similar appearance to the masonry on historic buildings of a
similar architectural style
Wood
• Using wood or an approved wood substitute for building trim and features such as corner
boards, window trim, frieze boards, columns, brackets and similar features
Wood substitutes
• Substituting a material in place of wood only if the substitute material retains the
appearance and function of wood. The substitute material must be durable, accept paint,
and be approved by the Historic Preservation Commission. For many applications, fiber
cement board is an approved wood substitute
Dormers
• Following the guidelines for new dormers in section IIID - Mass and Rooflines
Siding
• Using siding that is consistent with the architectural style of the new building. Most
historic siding in Waterloo is wood. Fiber cement siding is an acceptable substitute for
wood siding in most circumstances
Paint and color
• Using a color scheme that is consistent with the architectural style of the building where
synthetic siding is allowed
Windows
• Specifying the window type, proportion, shape, profile, divided -light pattern, and
placement based on the architectural style of the new structure and contributing
structures of a similar style
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• Using windows that are made of wood. The use of metal -clad, solid -wood windows is
acceptable. Windows and trim must accept paint. Divided -lights must be created with
muntins that are adhered to both sides of the glass
• Placing small decorative windows in the attic level of front gable ends if consistent with
the architectural style
• Adding wood (or an acceptable wood substitute) window trim that is three to four inches
in width if the exterior walls are sided with wood
Doors
• Adding exterior doors on front or side elevations of buildings that have half- or full -light
windows and/or raised panel construction, and are consistent with the architectural style
Porches
• Constructing front porches that are consistent with the architectural style of the building.
Front porches are a character -defining element in Waterloo districts
• Using vertical -grained fir porch flooring for the porch decking
• Using wood or an approved wood substitute that accepts paint for porch posts, trim and
other components
• Constructing new porches that are more than 18 inches above grade using traditional
porch construction with wood joists and wood flooring
• Adding a skirting to fill the space between the porch floor and grade if this space is 24
inches or greater. The skirt should be constructed between the porch piers
Balustrades and handrails
• Following the guidelines for new balustrades and handrails in section III.J - Balustrades
and Handrails
• Placing second -story porches above first -story porches or first -floor interior spaces
Disallowed:
Windows
• Using snap -in muntin bars to create the appearance of divided -lights
Doors
• Installing sliding glass patio doors in any location that is highly visible from the street
• Constructing balconies that protrude from the walls without vertical supports on the front
or sides of the building
Not Recommended:
Porches
• Constructing a new front porch that is entirely enclosed with walls and/or windows. Only
a portion of a front porch may be enclosed with screens to provide a sitting area that is
to the side of the steps and front entrance of the house. The screens should be set
behind the columns and balustrades to create an appearance that is consistent with the
architectural style
Attached garages
• Constructing attached garages. However, if constructed, they should be set back at least
20 feet from the street -facing plane of the building
Shutters
• Adding shutters if shutters are not consistent with the architectural style of the building
Masonry
• Using thin veneer masonry
• Using synthetic masonry materials such as artificial stone
Exceptions
Applies to: Preservation Districts All properties
Porches
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• Porch floors may be concrete if the floor is no more than 18 inches above grade.
Porch floors that are more than 18 inches above grade must be built in a traditional
way with wood joists and wood flooring
• Pretreated porch decking or dimensional lumber may be used provided the gaps
between the floorboards do not exceed 1/8 inch
• Porches on rear elevations need not reproduce historic details
Siding
• Synthetic siding may be used on new primary structures and outbuildings, provided
all window and door trim, corner boards, band boards or other trim are wood or an
approved wood substitute
B. New Outbuildings
Recommended:
Design
• Placing new outbuildings, including garages, to the rear of the primary building
• Constructing garages and other outbuildings that are clearly subordinate in size to the
principal structure and ornamentation to the primary structure
• Constructing new outbuildings that reflect the style of the primary structure
Garage doors
• Installing garage doors that are simple in design. Smooth or simple panel -type garage
doors may be used
• Adding trim around the garage door openings that match the trim of other doors and
windows on the building
• Installing single -car garage doors. Double -car garage doors are discouraged
Not Recommended:
Attached garages
• Constructing garages attached to the primary building
Exceptions
Applies to: Preservation Districts All properties
Design
• New outbuildings may reflect the historic outbuilding styles in the neighborhood or
the style of the primary building
Windows
• Vinyl or vinyl clad wood windows and snap -in muntin bars may be used on new
outbuildings
Siding
• Synthetic siding may be used on new outbuildings
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VI. Guidelines for Demolition
A Certificate of Appropriateness for the demolition of any primary building on a contributing
property within a preservation or historic district, or any landmark, will be denied unless the
applicant can demonstrate that the building is structurally unsound and irretrievable. A
decision to approve a Certificate of Appropriateness for the demolition of outbuildings on
contributing and noncontributing properties, and primary buildings on noncontributing
properties, will be made on a case-by-case basis. For these cases, the Commission will
consider the condition, integrity and architectural significance of the outbuilding or
noncontributing building. A Certificate of Appropriateness is also required for the removal of
any portion of a building, such as a porch, porch balustrade, decorative brackets and trim,
dormers, chimney or other architecturally significant components on any structure within a
district, or on any landmark.
Before a Certificate of Appropriateness for demolition will be approved for a primary
building, the Waterloo Historic Preservation Commission must approve a Certificate of
Appropriateness for the building that will replace the one being demolished. This is true for
primary buildings located on contributing and noncontributing properties.
Recommended:
• Removing additions or alterations that are not historic and that significantly detract from
the building's historic character
• Removing non -historic buildings and structures that detract from the historic character of
a district. Such buildings should be replaced with buildings that are more compatible with
the district
• Removing portions of a building that are structurally unsound and are a safety hazard.
• Saving and storing on site any historic architectural features such as windows, doors
and trim that are removed from a building or structure
• Encouraging building materials and significant architectural elements be salvaged or
recycled
Disallowed:
• Demolishing any primary building on a contributing property within preservation or
historic district, or any locally designated Historic Landmark
• Removing any historic architectural feature, such as a porch, chimney, bay window,
dormer, brackets or decorative trim, that is significant to the architectural character and
style of the building
Not Recommended:
• Removing significant historic site features on the property such as brick driveways and
iron fences
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VII. Design Guidelines for Multi -Family Buildings
Recommended
Front Setback
• The building setback should not deviate from the average setback of existing structures
on its street frontage by more than 5 feet
• A new building should be located no closer to the street than the existing principle
building on its street frontage with the shallowest setback
• The setbacks of existing buildings shall be measured at the first floor wall of the main
living area or commercial floor area of the building, excluding a covered or enclosed
porch
• If front porches are prevalent on existing structures, the new building may contain a
covered front porch that extends into the front yard, provided it is located no closer to the
street than any of the other porches on its block
Lighting
• All exterior lighting, including balcony and porch lighting, should be carefully placed,
downcast and shielded so that entrances, sidewalks and stairways are well lit, but the
lighting is non -obtrusive to neighboring properties
• No exterior light source should be located on poles more than 15 feet high
• When lights mounted on buildings are intended to provide site lighting rather than
corridor or exit lighting, they should be mounted no higher than 15 feet
• Lights intended to architecturally highlight a building or its features should use a limited
pattern of light that does not extend beyond the wall of the building
Parking
• Parking lots, including detached garages and carports, should not be located between
the principle building and the street
• Parking should be located behind a building, below grade, or under a building
• On corner lots, parking may be located alongside the building, but not within a required
front or side yard and no closer than 20 feet to the sidewalk
• Landscaped screening consisting of densely planted evergreen shrubs, a hedge, a
combination of evergreen and deciduous shrubs, or a decorative masonry wall in
combination with landscaping should be used to screen the parking from the street and
adjacent properties
Parking Below Buildings
• Where parking is located below a building, any exposed portions of the exterior walls of
the parking area visible from a street and extending more than three feet above the
ground should appear to be a component of the facade of the building. The use of
similar building materials, window openings, and providing facade detailing similar to the
upper levels are examples of how this can be achieved
• In no case should a building have the appearance from the street of being elevated
above a parking level, or "on stilts"
Garages
• When parking is provided within the primary structure, garage doors should not be
located on any side of a building facing a street
• When located on a side wall or on a rear wall on a corner lot, landscaping, masonry
walls, or elements of the building should be used to help screen the garage doors from
view from the street
Building Orientation
• Orientation of the "front" of the building should be to the street in a manner similar to
existing buildings in the neighborhood, including an entrance with some architectural
emphasis provided on the front of the building
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• Architectural treatments that emphasize the entrance include, but are not limited to:
1. front porches
2. transom and sidelight windows
3. decorative trim and moldings
4. arches.
Pedestrian Access
• A sidewalk should be provided that connects the entrance door or porch to the public
sidewalk
Balconies/Decks
• Balconies and decks should be designed so that they are integrated into the overall
design of the building. When designed in such a manner, balconies and decks may
encroach into the required front yard, provided they are located no closer to the street
than any porches on the street frontage
• Methods of integrating balconies into the building design may include, but are not limited
to:
1. Fully or partially recessing them into the facade of the building
2. Placing them under a roof that is integrated into the overall roof plan
3. Utilizing supports that are compatible with the rest of the building in terms of
materials and design
4. Utilizing supports that reach to the ground rather than append on the exterior of the
building. Balconies and decks must be placed adjacent to the front or rear yard
rather than the side yard
Building Height/Mass
• Measures should be incorporated into the design of a new building that help to reduce its
"visual mass" and overall height. Examples include
1. Holding the height of the eave line down by making the upper floor of a building a
"half" story and utilizing dormers to accommodate the use of floor area
2. Stepping the height of a taller building down to two stories at ends adjacent to
existing buildings that are two -stories or lower in height
3. Providing significant variations in the roofline and front building plane that help to
reduce the scale of the building along the streetscape
Roofline
• Rooflines should reflect the predominant roof type, orientation, scale and pitch of
existing buildings within the neighborhood
Building Modulation
• The street elevation setback should be varied such that no continuous wall plane or
surface exceeds 35 feet in length, and such that variations between wall planes or
surfaces are at least 18 inches in depth
• Variations in wall planes should be accompanied by corresponding changes in the
roofline and other architectural elements of the building.
Windows/Doors
• The placement of windows and doors on street elevations should be consistent with the
window and door patterns found on other properties in the surrounding neighborhood
• Windows and doors on street elevations should be on a similar size, scale and
proportion to the windows of other buildings in the neighborhood
• The use of trim and moldings should be similar in width and character to surrounding
buildings
Architectural Style
• Building style design elements from existing architectural styles found on contributing
structures within the district, such as building form, rooflines, window patterns, building
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materials, entrance ways, and architectural detailing, should be incorporated into the
design of new buildings to help them fit within the context of the district
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Appendix A - Definitions:
Additions
Construction that results in a larger building footprint, increases the building's overall height, or
adds an attached structure to a building are additions. Additions include construction of a new
room, porch, or deck.
Alterations
Alterations are modifications to a site or to the exterior of a building that do not increase the size
of the building's footprint. Most maintenance and remodeling projects such as siding repair,
reconstruction or repair of historic porches, adding dormers to convert an attic space to a living
space, and replacing doors and windows are considered alterations.
Alternative Designs
Alternative design solutions or exceptions to the Waterloo Guidelines may be considered by the
Historic Preservation Commission. The intent in considering alternative designs is to allow
architectural flexibility in exceptional circumstances. The intent is not to reduce the scope or
quality of work required by these guidelines
Building Code and Zoning Ordinances
The requirements of the building code and the zoning ordinance must be met in addition to the
requirements of the Waterloo Guidelines. For certain requirements such as mass, scale, size,
site considerations, and setbacks from the street, the Waterloo Guidelines may be more
stringent than the building code or the zoning ordinance. The Historic Preservation Commission
does NOT review projects for compliance with the building code or zoning ordinance. Please
consult with Housing and Inspection Services to ensure the project complies with these
regulations.
Classification of Properties in Districts
Properties in historic and preservation districts are classified based on their historic and
architectural significance and integrity. Because neighborhoods change over time, these
districts typically have some structures that are not historic or that have been severely altered.
Buildings in historic or preservation districts may range from outstanding historic landmarks to
architecturally incompatible modern structures. Depending on the classification of a property,
certain exceptions to the guidelines may be applicable.
Contributing and Noncontributing Properties
When districts are evaluated and nominated for preservation, individual properties are classified
as either contributing or noncontributing to the historic character of the proposed district.
Contributing Properties
In historic districts, to be classified as a contributing property the primary building must (1)
have an architectural style and character that is clearly evident and (2) was constructed
during the district's period of significance and relate to a significant historic context in the
neighborhood's history. The period of significance and the historic context(s) for each district
are determined by professional consultants prior to designation. Preservation districts tend
to exhibit a greater variety of building styles from different time periods and are less
culturally cohesive, so their historic contexts are more loosely defined. The primary
determining factors in classifying a property in a preservation district are (1) the historic
integrity of the primary building and (2) the age of the primary building, which typically must
be at least 50 years old at the time a district is designated.
32
Page 123 of 195
Guidelines Revision — Updates 12/18/12
Non-contributing and Non -historic Properties
Properties that are not classified as contributing are classified as noncontributing.
Noncontributing properties have a primary building that has been significantly altered or that
is non -historic. Non -historic buildings are buildings constructed after a district's period of
significance and were generally less than 50 years old at the time the district was
designated.
These properties are NOT exempt from historic preservation regulations, but exceptions to
the guidelines are applicable. The rehabilitation of noncontributing historic buildings is
encouraged. The demolition of existing non -historic buildings and construction of new, more
architecturally compatible buildings is allowed. During the process of preparing the survey
and evaluation for each historic neighborhood and, for historic districts, the National
Register of Historic Places nomination, each property is visually inspected and historically
researched by a professional architectural historian. The Commission uses this information
to determine the classification of each property. However, the Commission may vote to
change the classification of a property under the following conditions:
1. Additional information is discovered that documents it has greater cultural
significance than originally determined.
2. It is determined that the original research and inspection did not conclusively or
accurately document the architectural or historic fabric of the property.
3. A property has been substantially altered since it was originally classified. If an
owner feels his or her property has been incorrectly classified, the owner may submit
a letter to the Preservation Planner requesting that the property be re-evaluated. The
Preservation Planner will submit the request, along with a report and
recommendation, to the Commission for a determination
Demolition
Demolition involves the complete removal of a building or a portion of a building. Removal of
dormers, decorative trim, porches, balusters, chimneys and other significant features require
historic review. A building permit for demolition may also be required.
Districts and Landmarks
Historic and preservation districts, and historic landmarks, are designated by ordinance by the
Waterloo City Council with recommendations from the Historic Preservation Commission, the
State Historical Society of Iowa, and the Planning and Zoning Commission. Nominations for the
historic designation of districts and properties are received from professional architectural
historians following an intensive survey and evaluation of a neighborhood's historic properties
and resources. Individual properties can also be nominated.
Historic Districts
Historic districts are geographically cohesive areas with significant concentrations of buildings
and other resources that possess a high degree of historic integrity. Historic districts are
typically first nominated to and listed on the National Register of Historic Places, and then
designated as local historic districts. Designation as a local district provides the Historic
Preservation Commission with the authority to review changes to properties that may affect the
historic character of the property and the district. The overall character of a historic district must
convey a distinct sense of time and place.
33
Page 124 of 195
Guidelines Revision — Updates 12/18/12
Historic Landmarks
Historic landmarks are buildings or sites that are individually significant for their architectural
and/or cultural merits. Like historic districts, these properties are typically listed on the National
Register of Historic Places, or are eligible for listing on the National Register.
New Construction
Although most lots in historic and preservation districts are developed, there may be occasions
where a new primary building or outbuilding is constructed. Outbuildings include garages,
garden sheds, gazebos and other accessory structures that require a building permit. Under
most circumstances, nonhistoric buildings and structures may be demolished and the lot
redeveloped. However, the new building and the demolition must be approved by the Historic
Preservation Commission before any building or demolition permits are issued.
Preservation Districts
Preservation districts are geographic areas that appear similar to historic districts in character.
They may have fewer properties that retain a high degree of historic integrity or contribute to a
distinct sense of time and place within the neighborhood, they might not qualify as historic
districts based on State Code. Because they are still considered worthy of protection, the City
Council may designate these neighborhoods for historic preservation.
Preservation Planner
An employee(s) of the City of Waterloo, designated by the Planning Director to serve as staff to
the Historic Preservation Commission.
Setback Additions
A setback addition is constructed behind an existing building, opposite the street facade, and is
set back eight inches or more from the side walls. The roof of a setback addition can be no
higher than the roof of the existing building. This results in an addition that is narrower and no
taller than the building to which it is attached, and is therefore not highly visible from the street.
Setback additions are encouraged because they have less impact on a historic building and
district. Therefore, the guidelines for these structures are less stringent.
The Secretary of the Interior's Standards for Rehabilitation
The Secretary of the Interior's Standards for Rehabilitation and the Guidelines for Rehabilitating
Historic Buildings are national standards for historic preservation. The Secretary of the Interior
defines rehabilitation as "the process of returning a property to a state of utility, through repair or
alteration, which makes possible an efficient contemporary use while preserving those portions
and features of the property which are significant to its historic, architectural, and cultural value."
The goals of the Standards can be summarized as follows:
1. Identify and preserve those materials and features that are important in defining the
building's historic character.
2. Undertake routine maintenance on historic materials and features. Routine maintenance
generally involves the least amount of work needed to preserve the materials and
features of the building.
3. Repair damaged or deteriorated historic materials and features.
4. Replace severely damaged or deteriorated historic materials and features in kind.
Waterloo Guidelines are based on the Standards, but they provide more specific guidance.
Occasionally alterations are proposed to properties that were not anticipated in the Waterloo
Guidelines. When this occurs, the Historic Preservation Commission will refer to the Standards
when deciding on a Certificate of Appropriateness.
34
Page 125 of 195
DESIGN GUIDELINES
FOR
HISTORIC BUILDINGS
CITY OF WATERLOO
HISTORIC PRKSERVATION
COMMISSION'
Page 126 of 195
The, purpose of this booklet is to
provide property owners with
recommended methods to help them
maintain, repair and make appropriate
additions to their older homes.
These guidelines will be used by the
Waterloo Historic Preservation
Commission when reviewing changes to
properties that are eligible for
listing on the National. Register or
that are located within a hlstori.c
district. For most older homes in
Waterloo, they are recommendations
only and are not required.
rn this booklet you will find:
A pictorial guide of
recommendedinot recommended
techniques for both repair and
remodeling projects (pages 4-
17).
- A flow chart showing the
•process of obtaining a Building
Permit in a Historic District
tpage 19)-
- Questions and Answers that
address common concerns of
property owners (pages 22-23.)
- A list of informational
resources available at the
Waterloo Pub1ia library (pages
26-27)
For further information about items
covered in this booklet, please call
the Hietorjc Preservation Commission
staff at 291-4366.
MILE OW COMMIS
Historic District Zonng • . 2
Exterior Materials 3
Foundations: 4 -
Masonry
Masonry
Wood 6
Synthetic Biding . . 7
"Paint S Color 6
Windows . . . , . . 9
Doors . . .. 10
Roof bines . . . . . . . 11
parches 13
New Construction & Additions 14
Facades 15
Streetsclape . 16
Design . _ 16
Roof fomos .. 16
Windows . . . . 17
Foundations 17
Outbuildings 6 garages • 17
Demolition 18
Design Review Procedure . . . • 19
Application far Certificate of
Appropriateness . . . . . 20
Certificate of
Appropriateness
4ueStions & Answers
Where to get help . .
Suggested Readings
Novy to Mire .a Contractor
Acknowledgements _ . • 30
21
22
24
26
28
1
Page • 127 o€195
SZSTOILIC iOYiP@
1n January, 1986, 'the waterloo Historic Preservation Commisa,ion was established to
promote and protect our historic and architectural legacy.- The Waterloo Hietoric
Preeervation ordinance grants the Waterloo Historic Preservation Commission authority to
review proposed changes of appearance to the exterior of historic buildings. Historic
buildings, as , used in this booklet, refers to those buildings which are .individually
eligible for listing on the National Register of Historic Places or those which are
located within a historic district. historic Preservation Commission review is required
only of exterior changes. The review consists of consideration of design features such
as the maize and shape of buildings, architectural details, texture of building materials,
fencing, and the relationship of one building to another along the street, The pose
of historic preservation is not to prevent property owners from making changes to thein'
buildings, put to avoid alterations t .at' destroy the unique characteristics of a building
or alter the character of historic neighborhoods.
Historic districts area tool for neighborhood .conservation and have been aged to
stabilise and improve neighborhoods and property values in many communities. The
community feeling often experienced by residents of historic distridta encourages
rehabilitation and improvement of buildings and ham prevented development inconsistent
with the historic character of the neighborhood. The members of the Waterloo Historic
Preservation Costlission are citizen Volunteers who have been appointed by the City
Council because they have expertise or experience in history, building construction or
design.
Page 128 of 195
MATERIALS
AI variety of materials havebeen used for the exterior of historic buildings s
wood lap siding of various widths; wood shingles, masonry, and exposed tubber and stucco..
Siding materials are usually made of wood, Ihri.cit or stucco. Roof material include metal
sheet roofing, asphalt shingles, tile and occasionally wood shingles. Foundations are
generally masonry orconcrete with a variety of surface treatments.
Rage -129 -of -195
:foundations provide a base
for a building and make
the transition from the
walls above ground to the
walls or supports below the
ground, The amount of
exposed ftauridation varies
greatly on historic
structures, but it .is
typically 22 to 18 inches.
On brick or stone
structures the foundation
material may be varied
color and texture from the
wa11'.rn teri:als and the two
were often separated by ff
special belt course of yet
anath.ex- .Anterial.
Reco.nded:
Retain the size anti
shape of the
original door and
window openings and
Storni' cellar
entrances in the
foundation. If new
window wells are
required, they
should match the
existing foundation
materials.
Remove all non -
original and plaster
cover-ups and repair
the original
exterior material.
Repair . Origins/
stucco with 8
mixture that matches
the original in
appeararzoo, texture,
c o 1. o .r a n d
COmpoaitidn.
Existing foundations
needing repair or.
alterations Mould
be patched tq Match.
the ex.i*ting
materials in vire,
color, texture,
aoapasition; and
joint profile.
7laintain proper
drainage around the
foundation to
prevent etandtn
water or negative
drainage toward the
foundation.
4
Not Recommended:
Raising the adjacent
grade at the
foundation .to cover
the foundation that
was • originalIy
exposed.
Painting masonry or
concrete foundations
which were never
paixcted r
Covering exposed
brick, ,atone and
rusticated masonry
foundations with a
cement plaster or
stucco.
Page 130 of 195
l{loiDlrt!
Masonry is designed to .:wi:thstand
weather Without paint or any other
protective coating while retaining an
appeatimg appearance. AS such, it is
relatively maintenance -free
material. When there is masonry
deterioration involved in your
project, the single most important
step is to locate and repair the
cause of the problem before spending
your dollars and time on repairing
the masonry. ihen repairing masonry,
three important properties should be
considered! so ftneaslhardness,
dimension curl. color.
Reco miended.
Patch holes and replace
mortar With Materials of
matching softness to the
original. Old brick and
mortar were considerably
softer than bricks and
mortar are today.
Match the xistir+g brick
dimensions and the
dimions of the mortar
joints. Original masonry
was most likely Laid with A
narrower mortar joint than
present mortar joints.
Match the color of the
original brick and mortar.
Clean masonry with a gentle
detergent . and brush or
approved chemical methods.
Remove all vines growing on
the masonry, • They hold
moisture against the masonry
and their roots and shooters
penetrate .the mortar and
wee the wall:apart.
Referee any ds*a9ed mortar by
hand, raking the joint tO
avoid damaging the masonry.
Flexible !Mortar Mime)
Average temperatures
Ito movement
Rot (bricks expand)
Mortar compresses
Cold (bricks. contract)
Mortar flexes
Not ReComaendedt
sandblasting orany other
abrasive cleating method.
Blasting can cause very
serious damage destroying
the protective exterior
surface and exposing the
softer interior .to rapid
deterioration, and the
procedure is absolutely
irreversible.
Removing mortar • with
electric saws -or ti momma.
Use of such tools leads to
chipping and breaking bf
masonry.
Repointing with porttand
cement or with a synthetic
caulking compound.
Fainting or sealing historic
masonry, which has not been
painted.
Inflexible Mortar (Cement)
Average temperatures
Mho movement
Hat (bricks expand)
Spallil
Cold-(britks contract)
Cracks open up
Page 131 of 195
MOD
Mast of the historic structures in
waterloo ere of wood frame
construction end havewood siding.
kany dwellinngM haVe some wood
elements such as -tram windows,
doors, porches, cornices, decorative
elements, and pediments, White wood
is relatively inexpensive, durable,
and easy to work with, it aunt be
maintained property to have s long
Life, it must withstand the often
harsh assaults: of wind, rain, sun,
and ehanging:teoperature
Recommended:
Repair is better than
reconstruction.
Duplicate original forte when
forced to replace wood
siding'.and wood decoretiVe
eluents: .
Inspect,evaluate sod
monitor .wood surfaces for
signs of excessive tinter,
not, or pest infestation,
and keep all surfaces
caulked, .primed end painted
in order to prevent woad
detariorationfrme moisture.
Eliminate excessive moisture
problems, such at leaking
roofs, gutters and,
downspouts, fmproper venting
of beths, kitchens!
basements .end dryers,
Not Necawended:
Covering original wood
aiding with a materiel Or
texture not original to the
building, including
synthetic siding (see page
7),
Using destructive and
dangerous , paint removal
methods such as a propane or
butane torch, sandblasting
or waterbtesting. -
Allowing vegetation T.O. gra
against building
Page 132 of 195
4111101C MINS
Throughout the years, many
improvement" businesses have
through neighborhoods and
varying degrees of success
"hove
gate
wi th
have
convinced haste owners to add new
siding materials to their histor.it
properties; These range from the
asbestos shingles and roll siding of
some years ago to the., altminum or
vinyl siding most often installed
today. All such sidings can damage
the house .and are not recommended.
At the very least these products
damage the visual integrity of the
house. Such sidings can trap
moisture behind them, which rots the
wood underneath. Because the siding
remains nee Looking for a time,
moisture related ;problems often go
undetected and later can cause
srruetural damage. It is difficult
to install synthetic siding without
covering or removing. decorative
detail, such es aiding width,
shingles.
scrolling, brackets, mile and crown
'ding, further damaging the
building's historic ', integrity.
'though marketed ea maintenance -
free, synthetic siding can be dented,
scratched, melted, and split at the
seams, This results in
deteriorated appearance that cannot
be easily. repaired. Dirt and grime
synthetic siding end cannot
be removed without harsh scrubbing
which often leads to scratches In the
siding. In cbntre$t wood siding,
even if neglected for years, can be
easily rejuvenated with painting,
siding can be. painted several
times for the cost of instslting
synthetic siding. Vicryl and aluminon
sidings are promoted by manufacturers
EIS good exterior' insulators. THEY
RENrT. The insulation value is
negligible and the installation makes
it almost iiMtposaible to Cater do
necessary periodic Baulking and
sealing that can save you money.
7
Yds
4 -Clapboard
hio
AsSesios
Aluminum
Fake crone
firained vinyl
Page 133 of 195
MIT Sour arty
Paint chs should be simple. One
calor for tins body of the house, one
on the trim and one accent color for
windows and doors wally is enough.
Colors should be Selected to
complement the style end period of
the house. Colors should blend with
rind complement the overall color
schemes existing on the sass street.
Consult the Waterloo Public library
or paint deslers for information on
paint colors erppropriete for .use on
,various styles of house.
Recaaenetwdedi
Uetng the gentlest Beans
possible remove loose and
peeling paint down to the
next layer of sound paint
using hand scraping and
sanding. insure that ell
surfaces are free of dirt,
gross, and grime. Primo,
caulk, errs finish coat with
high quality products. A
beet guitAin be volition wood
for heavy std up of paint
where there is elligatoring
and blistering.
Two to four house colors
appropriate to the
neighborhood.
Rot
ReeaMMeix}ed;
sandblasting or high
pressure water washing to
remove paint frccu masonry or
wood.
Use of open flames for paint
removal.
!:right grid obtrusive colors.
should be avoided.
Monotone ix,lnt schemes skid,
obscure the detail of the
house.
Note. Be csutiove when scraping,
sanding or burning old
paints. The cad deed bete
paints mama those paint
chips, dust and fuses toxic.
A drop cloth placed on the
grad should be used to
collect paint chips for
proper "cif apose 1.
1 — ear17.1.--.1%.-
yrs —
aams�er NIAiim R 1 1E.�
f��f{�i iii����������1:1011 fitt.'
..
w7i, i�..ra`g
8
(dor
Poor
Page 134 of 195
uuti
Windows are one of the most visual
aspects Of. a historic building and
help define its particular style -
There are numerous types and sixes of
windows coarbsined with a variety of
designs for sills, lintels,
decorative caps shutters. Most pre
1940 windows are double -hung sashes
,.rhich art vertically proportional
rectangles. The size end number of
windows varies from small to Large
buildings but the proportion and
rhythm of the openings remain similar
and balanced.
Recon r ed:
very effort should be made •
to preserve existing windows
by repairing deteriorate'
sashes and frames -
if repair .is not feasible
and the- window must be
replaced, match the existing
windows as Closely as
possible, as to site,
Materials and appearance.
Match the existing nuMber of
divided panes in the
original window.
Window frames shaild• be of
wood; ..
Storm windows sh.ouLd.• a wood
and match the existing
windows as closely as
possible.
if metal frame storm iwindois
are used, the frame color
should match the sash.
of Recommended:
Horizontals sliding or
picture windows.
Metal or vinyl -clad woad
windows.
Silver or white metal
corribi nat i oh storm/screen
units.
Nadi fy i rtig
window
accommodate
window.
the original
opening to
a different size
Snap -in mintin bars.
Inoperative metal orplastic
shutters to create an
instant traditional leak.
—
/,
//
/
H
-/
/ t
-
f/
/
Page 135 of 195
DOOMS
The Original sloe end shape of door
openings should be maintained. poor
types vary according to a bsilding,s
style,. but flat, smooth or flush
doors are generally incompatible with
alder architecture„ Paneled doors `.
and,in some .cases, glass doors are
more appropriate.
Recartrlanded:
Every effort should be made
to keep original doors,
restoring them as necessary,
Replace any missirq original
doors with historically.
appropriate doors;
If a storm door fs used it
should..be a wood frame door
'with glass. inserts.
▪ ®e
E LM
10
Not Recommended;
Flush doors -and •
Enapproprfate paneled doors,
Shiny altesinum storm doer or
combination screen door.
Blocking down door openings
to aec4ttmodate stack door
sizes.
Removing doorways Or sealing
off .door openings
1
Page 136- of 195
RCM LIDS
The roof it one of the Mott important
functional elements of a building and
is often the first to require
attention,
Recommended:
Preserve original form,
configuration and pitch,
contours, materials and trim
of the exisring building_
Use appropriate shingle
Style for building to
maintain original character
(hexegonet, patterned,
covered),
Single cclor composition
shingles` in dark colors are
preferred.
Metal roofs, if painted,
should be painted dark
colors, not shiny: silver.
Ilan-functionir!g_ TV antennas
should be removed; others
should be placed to the rear
of the structure Where they
are less visible from the
street.
Hot Recommended;
Elements such as new
dormers, vents", solar
collectors, plea -latest
bubbles or sky -:lights, that
diminish the building's
historic character. If such
elements are aided, they.
should be placed et the rear
of the structure or In ah
area minimally visible .from
the street.
Synthetic materials that
attempt to immitete
natural/original materials.
11
Page --137 of 195
NOW LINES
(CONTINUED)
GUTTERS AND D(>IAiSlUTS
ReCamaended:
Original drainages Ind
butit.in gutters should be
retained and repaired, tf
practical.
Added metal downspouts
shouldtun vertically, not
diagonally to roof and wall_
planes and Should be painted = _
or finished to blend With
the cola, of the background.
Nat Recce:
Removing downspouts and
Otters Without replacing.
ONSETS
Reccom rrded:
Add flue liner for safety
reasons.
Flue caps should be as smell
as possible.
Follow recaereendetions: for
masonry repetr in the
section on Masonry:
Hot reconehended:
Chimney. reed I or planter
coating.
Re -pointing should not be
done with pre -sues which
are too hard "for older,
softer brick.
12
Page 138 of 195
Porches are the focus of many itecoltmended:
historic buiildings and help define
the overall character of the
building. Porches are the smile of
an otd house.
Existing porches. should be
maintained.
Repairs should Conserve as
much of the original
material as possible.
If the porch is too
deteriorated to save or is
missing it should be
reconstructed to match the
original design features:
roof style and pitch, posts,
columns, brackets, end
balustrade.
Handrails required on porch
steps, if not 'original,
should be similar to the
other balustrade elements on
the ,porch, or simple round
iron pipe.
Wooden steps and flooring
should be used on a sadden
porch, tale or poured
concrete steps and flooring
should only be used on a
brick or stucco parch.
Porde posts and columns
should have the support
visually expressed.belew the
porch with lattice or
skirting infill between
supports.
Decks and othermodern semi-
prdvate'outdoor areas should
be located at the back and
screened, from public view.
13
Not recommended: .
Repairs should not change
the porches Mepearance.
Precast concrete steps
should not be used.
Enclosing front porches.
Enclosing aide or back
porches with glass or screen
unless great care is taken.
Wrdught iron rafts Or
elements should not be used
unless they were part of'the
original delight'
Page 139 of 195
Mlgi 101 itNISMONS
Addition' and neva' construction can happen to old buildings for alt the right reasons, but in
all the Wrong ways. For those concerned about preserving a:strvcturers historic inteltrity,
the goat is to increase its cite and/or useability without coepromising its unique character.
New construction in cider neighborhoods ahoutd blend in with existing structures, and should
be similar in scale, height, waterisls, rhythm end proportion of openings. At the same time,
new buildings or additions thailild not try to precieely imitate existing historic styles, but
instead, Should be harronioum.partners with the older portions of • house or neighborhood.
* Before beginning an addition or new construction project, consider the placeuent of your
project on the site and on the structure. if you are adding on to an existing historic house,
place new additions such ms decks, balconies, or exterior stairs to the riper or side of the
house, where they are .sfnirrtalty visible from the street.
l:4
Page 14.0 of 195
rim
Most historic bui-ldiigs have a welt
defined front that welcomes visitors
and presents a pleasing view to the
street. A building's facade can
include windows, doors, porches,
steps and special architectural
features that highlight the entryway.
New Construction and addition
projects_should pay special attention
to creating a facade that is in
keeping with its surroundings.
Reonnended:
The propartiana of a new
building's facade should
rotate to the, proportion of
existing neighborhood
buildings in height, state,
and architeCturat style.
111
IIII I 1
Yes
15
Yes
Not itecomnended:
New buildings sod additions
with proportionthat vary
dramatfcelly from
neighboring iuildings.
Horizontal and monotonous
facades which break the
street rhythm
New buildings that do not
include entrances, porches
end other projections cotMon.
to the surrounding area.
Such buildings disrupt the
continuity along the street.
Porch addi ti ons that are not
replacements of an -original
porch should,not be
constructed on thfront of
a building.
...4LHH
Yes
--Page 141 of 195
tiltEET
Recommended:
For new construction.
setbacks and spacing between
buildings should be similar
to surrounding buildings.
Required perking should be
placed behind the principal
building and be hidden from
view.
Fences and wells should be
based on historic models
from the neighborhood.
Not recoaeiended:
Blank facades which break
the pattern on the street
should not be tined in
historic districts,
%n mit Too three
Spre ipete
1111-1*111,
I III
OMR'
'NAV
Too for Norte,
keds
4Estei
Recomsended:
Use Contemporary designs for
new cork that blend in, not
JSP out.
Refer to design elements
from the historic building -
Not Reeormierrded:
Copying e:..historic Style or
period %s+exi planning a crew
Addition_
Using the same wall pig,
roof line, cornice height.
and/or motorists that
attempt to make the addition
appear original to the
historic building.
New stories that change the
exterior profile of the
building should not be
added.
ROOF. #0014
kectivinendedt
Roof pitch for ne
construction end addition/
should be compatible with
either the rrsighborhaai or
the original building
proper. The roof of as
addition should be lower in
height than the mein roofof
the existing building.
The roof witness end ember
of roof faces Of new
construction should be
/gaiter to that of historic
buildings within the
neighborhood.
Roofing Materiels should be
consistent with the
pradoominant meter -We used
on the original building or
those in the rleiohberhood.
Not Rpt
Yes
Roofs of additions should
not interfere with the
original roof fore by
;hanging its basic shape.
111 111 ,l11I ..
1-1 1E1 .117111
16
ICS
/
111 111 111
1-1 171 1-1
Page 142 of 195
w11>r
Recommended:
Size and proportion of the
windoes ire the eddi.ti.
should be similar to •those
of the original .building:.
Hat Recommended: -
Horizontal Windows, small
windows, and picture windows
should not be used where
vertically-oriented and
larger windows are used on
the original.
Largs areas of unbroken
(+iindowtess) exterior wall
surface are not appropriate
on additions.
\ % ` , /
�lI{1: 111 111:
lint! ir• 'ui
Yes
N6
PtLINLATIONS
Recommended;
Additions to historic
buildings Should have
foundations which-match.the
material of theoriginal
foundation, or are . of
concrete Masonry units faced
kith brick. Additions to
historic buildings should
also match the foundation
sill height of the existing
structure to present an
unbroken tine around the
building's ground -level
perimeter.
CUT SUILD111116t M1 WOMB
Recommended:
New out buildings should be
subordinate to end
compatible with the main
buildir�.
Not Recommended;
Double wide garage doors,
prefabricated metal out
buildings.
Garages which are highly -
visible from the street or
are located in front of the
adjacent houses.
Additional curb cuts onto
the street if an alley is
available to provide access
to a -garage
17
1 T ,
Page 143 of 195
EN001 Ia0
The main objective of the Historic
Preservation Cmintssion is to prevent
the destruction of our ccomunityPs
important historic structures and
neightaorhoOds. R tool that the
comitesion uses to achieve this
objective is the Certificate of
Appropr i ateness .
A certificate must be issued prior to
the demolition of any building
ldcated within an historic disi'ritt
or any KAe or NP, rated structure.
The Commission generally will issue
demolition perasits for buildings
welch are not key or contributing
structures within a district,. The
'Commission may issue demolition
Permits for key arsd contributing
structural if. the applicant tan
daaxesttate that the building is
structurally unsound end
irretrievable end/or denial of a
demolition permit would create e
significant economic hardship for the
applieant. Prior to isseting a
demolition perait, the Cemaistion and
applicant may mark together to final
en alternative mins of util.isine the
property which %mold not require its
destruct i on.
In determining whether a request for
demolition should -be approved or
denied, the Commission will consider
the followings
Whether the' structure is of
historical importance;
The State of repair of the
twtld ne;
Whether •deni al . of a permit
Would create a significant
economic hardship.
Recommended:
Not Rec.:emended:
Rohabilitete the building,.
Rebuild on originM tines
immediately following
demolition.
Record the structure
photographically before
demolition..
Demolishing portion of a
building, like a porch.
without rebuilding.
Demolishing a building, ien
alternatives oral evallehle.
18
Page 144 of 195
DESIGN REVIEW
The main objective of the Historic
Preservation Commission is to
preserve our comMunityil important
historic structures and
neighborhoods. A tool that the
cofmisAsiOno uses to echieVe this is
the aCerti ficate of Appropriateness1l.
Property owners who anticipate making
exterior structural alterations to
their property must receive either a
"Certificate of No Material Effect or
a "Certificate of Appropriateness"
before receiving the building permit.
For projects that do not require a
ixiildiee permit, such es painting or
routine meintenance,.no certificate
is required. The following tow '
chart 'illustrates the.stece leading
frame project's initial design state
to final commission approval. if
review by the commission is
necessary, a "Certificate of
Appropriatenessje is issued after the
Historic Preservation Commission has
reviewed the project and has
determined that the proposed changes
ere in keeping with the character of
the property end the surrounding
district. The commission will work
with property owners to reach a
design that will not alter this
historic character.
1r ...r
*Rh Zanirg
• 1111411lr tlFY
►,7wn� eNe
„17.1.017I kis
4.fd
moral*
Dodo
WN,lrI . r
cni e
r/Net
4.101.4 rf
4R.1[Eie.YW
aitelYe.i
aNsr
19
rwa
toual
M
r
Page 145 of 195
APPLICATICM
Certificate of Appropriates
Application forwort to be done on en. historic property or property Within an historic district pursuant to waterloo Cit yr Code
Chapter is 1/2.
To be completed by applicant:...
Address of Property
Use af:Property
Owner of Property
Address Telephone
Applicant's Name
Address Telephone
Contact Person
Address Tetephbna
Pte of Application
Exhibits Included: (Please check those which apply)
Photographs �„ Elevation Drawings Manufacturer's Catalog Data ... Sable of Materiels
Describe below Work to be carried out including methods and meteriale..to be used and appearance changes that will result.
(Please include plena and elevations.) -
Project Deacript:ion:
Materials to be wed:
Appearance Changes:
20
. .Page 146. of 195
CAI/ OF WiR11004 IONA
C'ERTIFItATE OF AFFOOPRIAMEtt
THIS IS 10 CERTIFY that the Waterloo Historic Preservation Commission has reviewed and approved plans for the
improvements to the property located ■t:
(a)
The Commission hes determined that:
The proposed change is consistent with the historic value and the overall urchi.tectonal atyte of the building
DV diStrLct site.
(b) The denial of a certificate .cif appropriateness would .prevent the owner from ea.rhIng.a reasonable return or
enjoying abeneficial occupancy or other interest in his property:
THEREFORE pursuant to ordinance No. 3420 of -the City of Waterloo Code of Ordinances, more specifically known
as the Waterloo Historic Preservation Ordinance, approval is hereby given tU the Building Official, City Engineer or other local
authorities to"grant required regulated permits for improvements.,
APPROVAL GRANTED SUBJECT TO THE FOLLOWING CONDITIONS
APPROVAL GRANTED TO:
(PROPE<RTY OWNER), (DATE)
(PROPERTY ADDRES$S) Chairperson, Waterloo Historic
Preservation -Commission
VERIFICATION:.
Date:
Completed mark complies with the Provisions of this certificate:
YES No
If no, why?
21
Page147of 195
FAIT WlESt1OlS AMD AIOIEAs
If N property is tin ■ historic
district will 1 house to fix iit up or
restore it?
No. Having a home ins historic
district does not' prevent private
property owners 'from making changes
or force owners to make improvements
to their. property. It does not limit
the use of a building, require owners
to erect plaques, or wake the
property accessible or open to the
pi 1c.
Whet Udded`relaulationa are there for
a historic property
When an owner of a historic building
or building in -e historic- district
wishes to make exterior alterations,
a Certificate of Appropriateness is
required. A certificate is issued
after the Historic Preservation
commission he's reviewed the project
and has determined that the proposed
Changes are in keeping with the
character of the property and the
surroinding district.. For protects,
such as painting or routine
maintenance, no certificate :.is
required.
Are. there any restrictions on a cote
of a house in a historic district!
Are there cry restrictions on whether
holies can be rented or teased?
22
1 own my hors. The house was built
in the e30es end is not particularly
distinctive. The porgy sowers the
front Of the house and it ratting- 1
wilt heed ta. replace it. Wiat will 1
have ..to do' if e1: property is in e
historic^ districtl
igen you apply fora building permit,
the project will be reviewed by the
Historic Preservation Commission.
This dill require a sketch drawing
showing the front of the house with
the new porch you propose. Thls
*ketch is en addition to the other
construction plans normally required
for a building permit.
Yhat is the best basic advice for
rehabilitating an old Nose?
Sane of the most basic ruled tea
follow are: Keep alt felyortant
originat features_ Do not remove or
alter historic elements. .Do not
destroy historical evide ce . in
rehebititation. Repair significant
features whenever possible. When
replacement is necessary, use
matching materials. Do not create an
earlier appearance than the building
had. Retain later changes that
provide evidence of the •buitdinte s
history. Avoid abrasive cteenino
methods. get professi'onat help end
use recomeended rehabilitation
handbooks.
Page 148 of 195
Witt the . value of sty property
decrease of increase with historic
deSi tion?
It Hill increase. Many
Considerations determine the value of
a hone, bur Locally and nationally
homes located in historic districts
have proven to- increase in
desirability and value.
If my house is in an historic
district, do I ,have any special
privileges/
Yes. You help increase the public
_awareness of historic buildings and
promote a sense of pride in past
.achievements. It offers protection
from inappropriate demolitions ar
alterations- by .a neighbor. In the
past Federal and State grants have
targeted old houses and particularly
014.houses that help make up a
historic district.
Are there any tax advantages for
owning a house in an historic
distri?
The State legislature passed s tax
abatement taw. It holds back
increases ir, property taxes resulting
from • renovating and thereby
increasing value from which taxes are
determined. This tau has yet to be
accepted by Arm Black Hawk County
Board of Supervisors (1401). If your
proprty is a business or rental
property and is a contributing
structure to The National Register of
HIstorip Places, you maybe eligible
for _Federal test credits for money
spent on rehabilitation work.
I woad like to do aama laar acelous
on my propertY. Do 1 need to get a
Certificate?
Yes.- From a preservation point of
view, all lsndecape .etemevts that
connect a building to its
environment, Slash as gardens,
walkways and driveways should be
retained. If you plan on erecting a
fence on a property line, check with
the city. There are certain rules
youotthave to fallow.
If I don't like the decision of the
Historic Prtion . Commission
regarding my remodeling project. what
can I do/
You may appeal to the City Council.
23
Page -149 of 195
City of Yaterloo
lifetoric Preservation Cumitesiat•
Planning Office
715 Mulberry Strait
Waterloo, low 507113
319-291-4366
Reviews ell building plana for
caeptierlce with Aistnric Preservation
Crdinence.
Rouging Ilein bilitetiar Program
ComadityVavelopment Board
319-291-4429
The Witertoo Community . Development
Board edminirters or sorts
programs that help 'finance
residentieit rehabilitation. . The
programs are subject to change and
Should be confirmed With this Office.
State Wiatorical Society of lame
B ureau of aistoric Preservation
Capitol Compiles
bis Matinee, lame 50319
515 -2O1 -5i11
An aoency designated to edaiinister
Pub/is state preservation programs,
including cultural resource surveys.
Statewide. preservation plans,
processing of nomination. to the
N ational 'Water of eistoric Places
and related preservation activities.
Bistory
515-281-3306 or 515-281-8719
Ard+it ct.rel>tlInure
515-2111-5697 or 515261-8719
Atmirsoiw
515-2131-674 ar 515-231-3719
Architect
515-291-5637 or 515-291-8719
24
Page 150 of 195
The Historic Resource Development
Program
515-242-61924
Provides grants for rehsbi L1 talion of
historic :propertiee and other
preservation activities
(acquisition/Development,
preservation/Conservation and
interpretation).
Fetal Investment Tax Codits
for rehabilitation of historic
properties
515-2di-8637 or 515-281.8719
Metlenet Register Of Historic Pieces
515-281-4137 or 515=281-8719
AiA town a chapter of the American
Institute of Architects:
512 Walnut Street
Des Moines, lows 501.
515--7502
The lows Chapter, American Institute
of Architects provides professional.
references.
Iowa Historic Preservation Alliance
P.O.. Boa[ 532 •
West Bt*Lh, Iowa 52358
The Iowa Historic -Preservation
Alliance is a not-for-profit
organization that 'supports*, Lir-oedema
anti strengthens the - statewide
Constituency for historic
preservation in Iowa.
Technical Preservation Services
Branch
Preservation Assistance Division
National Park Service
U.S. Department of Interior
P. o. Moes 37127
Washington D. C. 20013-7121
Sets preservation standards and
guidelines for work undertsken on
historic buildings. Develops
technical preservation information
for federal agencies, state and LoceL
governments and individuals
Rocky Mountain Regional Office
Division of Cultural ItesourceS
655 Parfet Street
V.O. Box 75257
Denver, Colo aons
The lNational Park Service Regional
Office..
Motional Trust for Historic
Preservation
1785 Maesachusette Avenue, Lf.61.
4eshington D. C. 20036
The leading national private
preservation organ 1zation,
coordinates efforts of preservation
groups, provides. protege -lona l *thrice,
administers firtanciel raid programs
and issues publicatie Membership
is open to all interested
individuals.
25
NItieest Regional Office
53 blsat Jackson Boulevard
suit, 1135
chimp, Ill 60604
312-9394547
The Notional Trust for Historic
preservation Regional Office
Association for Preserve;ion
Technology
904: Princess Anne Street
P.O. Bunt 8179
Fredericksburg, VA 22404
An -organization of profeesil
preservationists and coreervotors
that promotes preservation research.
and provides technical information
through publications end workshops.
•
Page 151-o# 195
SUMMED 106=1
These resoUrtee are all available et
the Waterloo Public Library.
GETIERAL
Setretery•of shy.Interior'a Standards
far 1ehvbilitetion
U.B. Motional Park Service
Preservation Assistance Division
New Life for Old Houses
George Stephen
The Old House
Time Life Books
The Old House Doctor
Christopher Evers
R.eepectfuly Rehabilitation: Answers
to; Yetir eueatione About Old Buildings
U;S. Notional Perk service
Technical Preservation Service
Rratlon: - A Complete Guide
Michael W. Lichfield
Rosemarie Heusherr
Did -House Jourtlel New Compendium
Patricia Poore. '
Repairing old & Historic Windows
Mew York Lanki rks Conservancy Staff
old -House. Rescue Book:. Buying
Renovating an a tudget•
Robert Kenos
Masonry: How to Care for Old and -
Historic Brick and Stone
Mark London This Old House Guide to Building E
Remedeling Materials
Bob Vile & Stewart Byrne & Larry
Steins
Landmark YelLow Pages
The Preservation Press
Reviving Old Houses: Over 500 Low -
Cost Tips and Techniques
Alen Orme-
INTERIORS
American Vernacular -interior
Architecture, 1870-1940
Jan Jennings. &..:Herbert Gottfried
Victorian "Splendor: - Re -Creatine
America's 19th century Interiors
Allison :Kyle Leopold
Lighting for Historic Bulidirge A
Guide to Selecting Reproductions
Roger W. Moss
Walls, & Molding:
and ' end Historic Wood
Natalie Shivers
Aechanlcol L-Eleetrital Mems for
Historic Buildings
6orsiL Kay
Renovating Old Houses
George flash
Old House. Woodwork Restoration: How
KO Restore Doors, Windows, Wells,
Stairs & Decorative Trim to Their
Original Beauty
Ed Johnson
Preserving Porches
Renee Kahn
Victorian .Exterior Decoration: How
to Paint Your 19th Century Amerivan
House Historically
Abger W. Hos; L Gait C. Winkler
The Ceeplete Hage Restoration Manuel
Albert Jackson
New CorratruCtlon. for Older Buildings
Peter*: SYneallfe 4 Peter H. Smith
26
ow to Care for Old
A Tasteful Interlude: American
Interiors Through the Camera's Eye
1860-1917
William Seale
ARCAITECTIJOAL
How.Oid Is This. Roust: A Skeleton to
Dating end . Identifying Three
Centuries of American Houses
Rt h Howard
AF-feld Guide to American Houses
Virginia 4 Lee McAlester
Arnarican. Victorian: A Style and
Source Book
Lawrence Gi'
Victorian Design Book: A Complete
Guide to Victorian House Trim
The Association for Preservation
Technology
Page 152 of 195
Country` & •suburban Homes of the
Prairie SCltooi Period: 4o8 Examples,
Photographs &. Floor .Flans
H. V. Von Hoist
Homes & Interiors Of the 1920's
Lee Valley Fools
27
Page 153 of 195
NOW 112 i1RE E CONTRACTOR
&fare you start,
slake a written list
of the items that
you have in mind,
rood by room,.
feature by feature
and use this List in.
conversations with e
p o t e n t l s l
Contractor. ge
c e r t a i n to
Comeunicmtey changes
clearly and to the
prop», p•rsonS in a
timely fashion.
Changer cost money
and can be
frustrating to even
the most patient.
workers.
Make eppointeents
with retractors at
times easiest for
the contractor. Be
patient but . firm
with no *how.
Get quotations for
work from two or
three eontreetars.
Nike certain that
the estiamtee cover
the same wok i tears
and that you err not
callipering apples
w ith oranges.
Evaluate contractors
in terms of their
experience (historic.
rehabilitation or
✓ estoration
experience),the
cost (remember that
cheepemt ill not
necassarily beat or
the most likely to.
be problem free),
the time .to compute
the work, and other
factors specific. to
• protect.
Discuss potential
problem areas before
work begins, such as
clean-up
responsibilities:
(daily, weekly),
responsibility for
reeovirig debris from
the site; which
pert! should be
saiveged but remain
with the owner
versus which parts
ten be df•cirdrd,
keeping hem -dots
materiels own from
fealty pets - and/or
children, or who is
the final authority
for the owner
(husband, etife, or
other deeignuted
individual').
Cler,ify your
✓ equirement.i.,
regarding smoking on
the .Jab, use of
✓ estroaes, playing
radios, perking
availability, etc.
Find out the size of
the contractor's
crew and who will be
the actual on-site
person in charge
(the contractor or a
subordinate(}.
Secure references
for work done in the
past several Years
and follow-up with
Oxeye calla to the
references. For
work where problems
are not likely to
show up for period
of time (painting
for example), check
with references
where the woe has
been completed for
some ties. Evan if
a contractor is
referred by a friend
make certain you
confirm the quality
of . the work by e
drive-by or on -sits
inspection_
Secure cep( eue of •
contractor's proof
of liability
Insurance, •
certificate
insurance.
If a contractor
needs to have access
to en adjacent
property for
coapleting the work
on your building,
make certain that
the contractor has
permission from the
owner of the
adjacent property,
not just a tenant.
Make certain that a
Contractor
understand' the
neceisfty of
securing a
certificateof
approprfateness end
conforming to . the
approved design.
Make certain that
the contractor has
the appropriate city
licensee and that
hefahe secures
proper building
permtta for workto
be caspleted end
that in+pettione are
ectu•lty performed,
Don't mime rime
pmt trail all
work has bees
approved by City
iPewter s.
Resersber that
Contractors are
Often small business
owners and be
reupectfut of the
t ine you ere making
time to wird in
preparing design
solutions for your
project.
Dont hire sMOMMV
Who inarita r
significant
drs+•paymant to buy.
supplies unless
the cowmen ti a
lig standing arse
and i-ndividual
i reuerstences
justify it. • For
e x e ■pts , a
Page 154 of 195
contractor may need
to .areke a down -
payment to a
supplier for an
expensive item wh i ch
.cannot be delivered
or -installed quickly
such as slate or
copper.
DOW; use r verbal
contract. Th4 may
not be necessary for
very areell jobs, but
a good contractor
will usually went
the scope of work in
writing as wall,
29
-Page 155 of 195
PasidmmaledOwehte a d crodtts
The City of Waterloo Nieto-rid
Preservation Camri ss i on would tike to
acknowledge the support of the
• Waterloo City Couiclt in producing
this p.bLicetion.
Albert C, Msnni.n , Jr.,
Milt Lemke
Sarnia Dell
Dawe Buck
Jdsef Fox
Rost Angel
Willie Mae Wright
Tony Budek
Mayor
Mistaric Preservation Cawaission
Rosie Peterson
Susan Pearson
Rose Middleton
Gary Iversen
Dave.Sw.lnehart
_Earl Spencer
Nike Brdshar
Nartha Maxon
Willie Mee Wright, ex afficfd meeber
This- book ryas complied by a special
. capmfttee' of.
Mike:Brasher
Rese Middleton
Sue Pearson
Rab Stevenson
Dave Suiinehart
We would like to thank Iota City for
sharing their guidelines with us.
30.
Page -156 of 195
CITY OF WATERLOO
Council Communication
Request by the City of Waterloo to vacate a 7,500 square foot portion of Bluff Street right-of-way, located
between West 13th and 14th Streets, subject to the retention of a utility easement over a portion of the area to
be vacated.
City Council Meeting: 1/22/2019
Prepared: 12/11/2018
REVIEWERS:
D epartment
1° p taaam'ang & Zo
t.alettc Office
Reviewer
Schroeder, Aric
p";veer, p.,eAn.n
ATTACHMENTS:
Description
Di Request to Vacate 7,,500 "gip.," Bluff Street
and 14th. Street
SUBJECT:
Submitted by:
Recommended Action:
Summary Statement:
Expenditure Required:
Source of Funds:
Policy Issue:
Alternative:
Action
A pproved
A ppoved.
Type
Date
1/2/2019 ...
1/2/2019
1:44 A
2:03 P M
Motion to receive, file, consider and pass for the pass for the third time an
Ordinance approving a request to vacate a 7,500 square foot portion of Bluff
Street right-of-way, located between West 13th and 14th Streets, subject to
the retention of a utility easement over a portion of the area to be vacated.
Submitted By: Noel Anderson, Community Planning & Development
Director
Approval
A request by the City of Waterloo to vacate approximately 7,500 square feet of
Bluff Street right of way located between W 13th Street and W 14th Street.
The request to vacate Bluff Street would not appear to negatively affect the
area or traffic conditions. The role of Bluff was greatly diminished with the
construction of US Highway 218 into an expressway in the 1990's. All
buildings on the west side of Bluff were demolished with few buildings
remaining on the east side of the street. Several sections of the street have
already been vacated in the area.
The Planning and Zoning Commission unanimously approved the vacate
request at their regular meeting on May 1, 2018.
None
N/A
Economic Development
N/A
Page 157 of 195
Background Information:
Legal Descriptions:
Description — Bluff Street Vacate:
The Northeasterly Twenty-five feet (25' )of Bluff Street adjacent to Block 56
of Anthony Baker's Addition, lying Northwesterly of the Northwesterly line
of West 14th Street, and lying Southeasterly of the Southeasterly line of West
13th Street, City of Waterloo, Black Hawk County, Iowa, subject to the
retention of a utility easement over, under and upon the Northwesterly twenty
feet (20') of the above described area.
Page 158 of 195
REQUEST:
APPLICANT(S):
GENERAL
DESCRIPTION:
IMPACT ON
NEIGHBORHOOD &
SURROUNDING
LAND USE:
VEHICULAR &
PEDESTRIAN
TRAFFIC
CONDITIONS:
RELATIONSHIP TO
RECREATIONAL
TRAIL PLAN and
COMPLETE
STREETS POLICY.
ZONING HISTORY
FOR SITE AND
IMMEDIATE VICINITY:
BUFFERS
REQUIRED/ NEEDED:
DRAINAGE:
DEVELOPMENT
HISTORY:
FLOODPLAIN:
PUBLIC /OPEN
SPACES/ SCHOOLS:
UTILITIES: WATER,
SANITARY SEWER,
Vacate- Bluff Street 13th to 14th Street
December 17, 2018
Request by the City of Waterloo to vacate approximately
7,500 square feet of Bluff Street right of way located between
W 13th Street and W 14th Street.
City of Waterloo, 715 Mulberry Street, Waterloo, Iowa 50703
The applicant is requesting to vacate a portion of Bluff Street
located between W 13th Street and W 14th Street.
The request to vacate the portion of Bluff Street would not
appear to have a negative impact on the neighborhood as the
area is mostly vacant with some residential homes, and the
vacate area is not needed for public street purposes.
The request to vacate would not appear to have a negative
impact on vehicular traffic in the area due to the fact that is
adjacent to the Iowa Northern Railroad, and there are no
sidewalks along the vacate area.
The US 218 trail is located across the Iowa Northern railroad
tracks from the vacate area but is divided by a chain link
fence.
The site has been zoned "M-1" Light Industrial District since
the adoption of the Zoning Ordinance in 1969.
North — Commercial and Residential zoned "M-1" Light
Industrial District.
South — Iowa Northern Railroad and US Highway 218.
East — Commercial zoned "M-1" Light Industrial District.
West —Residential zoned "M-1" Light Industrial District.
The request would not require any buffering by ordinance
standards.
The proposed vacate would not appear to have a negative
impact on drainage.
The commercial businesses in the area were developed
between 1987 and 2003 and the residential homes were
constructed between 1890 and 1940.
This area is not located in a flood plain as indicated by the
Flood Insurance Rate Map No. 1900025 0302F
Lowell Elementary School is located 0.16 miles to the west
across US Highway 218. The area is also served by Bunger
Middle School and West High.
There are no known utilities located within the vacate area.
Bluff Street does however have a 12" sewer line south of the
Page 1 of 2
Page 159 of 195
STORM SEWER,
ETC.
RELATIONSHIP TO
COMPREHENSIVE
LAND USE PLAN:
STAFF ANALYSIS —
ZONING
ORDINANCE:
STAFF ANALYSIS —
SUBDIVISION
ORDINANCE:
STAFF
RECOMMENDATION:
Vacate- Bluff Street 13th to 14th Street
December 17, 2018
vacate area.
The Future Land Use Map designates the area as Industrial,
and this request would be in compliance with such
designation.
The request to vacate Bluff Street would not appear to
negatively affect the area or traffic conditions. The role of Bluff
was greatly diminished with the construction of US Highway
218 into an expressway in the 1990's. All buildings on the
west side of Bluff were demolished with few buildings
remaining on the east side of the street. Several sections of
the street have already been vacated in the area.
The northern part of Bluff Street to 16th was vacated in two
sections by Ordinance 3977 on 10-11-1993 and Ordinance
4151 on 02-05-1996. The portion of Bluff Street south of 17th
to 18th Street was vacated by Ordinance 4298 on 05-26-1998.
The request for vacation of 12,880 SF of the northern side of
Bluff Street adjacent to 326 West 17th Street was unanimously
recommended for approval by the Planning and Zoning
Commission on 11/14/17, but the vacation request never
went on to the City Council.
The Planning and Zoning Commission unanimously approved
the vacate request at their regular meeting on May 1, 2018.
There would be no platting required in relation to the request.
Therefore, staff recommends the request to vacate 7,500
SF of Bluff Street be approved for the following reasons:
1. The request to vacate would not appear to have a negative
impact on the surrounding area.
2. The request to vacate would not appear to have a negative
impact on vehicular or pedestrian traffic in the area.
Page 2 of 2
Page .?60 of 195
City of Waterloo City Council
December 17, 2018
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City of Waterloo
Page 161 of 195
City of Waterloo City Council
December 17, 2018
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Page 1162 of 195
City of Waterloo City Council
December 17, 2018
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Page 163 of 195
Vacate Request — 1500 Block of Bluff Street
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Page 64 of 195
Description — Bluff Street Vacate:
The Northeasterly Twenty-five feet (25')of Bluff Street adjacent to Block 56 of Anthony Baker's Addition,
lying Northwesterly of the Northwesterly line of West 14th Street, and lying Southeasterly of the
Southeasterly line of West 13th Street, City of Waterloo, Black Hawk County, Iowa, subject to the
retention of a utility easement over, under and upon the Northwesterly twenty feet (20') of the above
described area.
Page 1765 of 195
City of Waterloo Planning & Zoning Department
715 Mulberry Street, Waterloo, Iowa 50703
(319) 291-4366
O Offer to Vacate and Purchase City Right -of -Way
LJ Request to Vacate Easement, Vacate Sidewalk, or Encroachment Agreement
L3 Sale of City -Owned Property
Applicant: 7'"? eff' Witid20 Address: 7/5 Azgrizy sj Phone No.: 2q/. 41 -
General Description of Property to Vacated (i.e.- alley between A. St. & B St., South of C St.):
\3E1AI VIZ -114 (
Legal description of area to be conveyed, vacated, or encroached:
C110
1. Anon -refundable filing fee(s) shall be made as follows (checks payable to City of Waterloo):
kight-of-way vacation — One Hundred Seventy Five Dollar ($175.00) Filing Fee
• Easement or sidewalk vacation — Seventy Five Dollar ($75.00) Filing Fee
• Encroachment — One Hundred Dollar ($100.00) Filling Fee
• Sale of city -owned property not required to be vacated — No Fee
• Any request not meeting the Sale of Property Policy — One Hundred Dollar ($100.00) Fee
2. Offer Price*[Note: If the offer price meets the Sale of Property Policy (see attached) the request will not be
required to be reviewed by the Building & Grounds Committee.]
• Asking price (see attached Sale of Property Policy for how calculated):
Deductions
• May decrease price by 50% for area located within an easement:
o May decrease price for the City tax that will be collected on
the land within 5 yrs (8 yrs inside of the CURA):
• Costs (surveying & misc., demolition, remove of curbs, etc):
Asking price — Deductions = Value of Property:
Offer Price for Entire Area:
Note: The above information is a summary of the Sale of Property Policy (see attached). All requests to vacate and purchase
City right-of-way must be accompanied by a signed "Intent to Vacate" form for each abutting property to the area to be vacated.
Any request that fails to meet the Sale of Property Policy shall not be forwarded to the Building and Grounds Committee or City
Council. Any such applicant shall need to request review to Building and Grounds through a City Council member.
3. Publication and Recording Fees*: At the time a buyer(s) has been selected, all publication costs and
recording fees must be paid by the applicant. Applicant shall be responsible for collecting from other buyers.
4. Easement*: The following easement shall be retained:
5. Other: Please provid site plan a d/or aerial photo of the area to be vacated if the/reque invo ves
additiorra e reason fo the request.
Applicant
Date
*Not required for easement vacates sidewalk vacates or Encroachment Agreements
r(g)
Page f66 of 195
CITY OF WATERLOO
Council Communication
Request by the City of Waterloo to vacate a 65,490 square foot portion of Airline Highway west of 3070 W.
Airline Highway.
City Council Meeting: 1/22/2019
Prepared: 12/31/2018
REVIEWERS:
Department Reviewer Action Date
1>iao . nang &. Zorv_'it ; Schroeder, Aric Approved. 112/2019 - p 1:42 AM
Clerk_ Office Even, p:,eAnnn Approved 1/2/2019 i2,:0 PM
ATTACHMENTS:
Description
D Staff Report
D Overview Map
D Aeriaai Map
D Nat
• App
SUBJECT:
Submitted by:
Type
Cover .I\4e mo
Cover J\4e.r flo
Cover 1\I4 r➢r➢o
(../over 1\/Ier➢riA
Motion to receive, file, consider and pass for the third time an Ordinance
approving a request by the City of Waterloo to vacate a 65,490 square foot
portion of Airline Highway west of 3070 W. Airline Highway.
Submitted By: Noel Anderson, Community Planning and Development
Director
Recommended Action: Approval
Summary Statement:
Request by the City of Waterloo to vacate 65,490 square feet of Airline
Highway west of 3070 West Airline Highway.
A portion of the right-of-way was acquired when there was a proposal to add
a frontage road to Airline Highway. Additional portions of the right-of-way to
be vacated were for the possible expansion of Airline Highway when it was
US Highway 20.
There is utilities in the vacate area therefore an easement will need to be
maintained over the vacate area.
At their December 4, 2018 meeting the Planning, Programming and Zoning
commission voted unanimously to recommend approval of the vacate.
Therefore, staff recommends the request to vacate 65,490 square feet of
Airline Highway right-of-way be approved for the following reasons:
1. The request to vacate would not appear to have a negative impact on
the surrounding area.
2. The request to vacate would not appear to have a negative impact on
Page 167 of 195
Expenditure Required:
Source of Funds:
Policy Issue:
Alternative:
vehicular or pedestrian traffic in the area.
3. The area to be vacated is not needed for right-of-way.
With the following conditions:
1. That a utility easement be maintained over, under and upon the entire
area to be vacated.
None
N/A
Right -of -Way
N/A
THIS PLAT REPRESENTS A SURVEY OF TRACT "A"
That part of the Southeast Quarter (SE 1/4) in Section No. 5, Township No.
89 North, Range No. 13 West of the Fifth Principal Meridian, City of
Waterloo, Black Hawk County, Iowa, described as follows:
Commencing at the Southeast corner of said Southeast Quarter,
point being a found 1/2" rebar in P.C.C. pavement;
thence along the South line of said Southeast Quarter South
89°40'50" West a distance of 937.7 feet to the Southerly extension of the
East line of Parcel "E" per Plat of Survey recorded in File 2016-11511 dated
12/23/2015 in the Office of the Black Hawk County Recorder;
thence along said Southerly extension North 00°18'40" West a
distance of 33.0 feet to a set 1/2" rebar with license #23212, also being the
point of beginning;
thence South 89°40'50" West a distance of 204.1 feet to a set '/2"
rebar with license #23212;
thence North 00°19' West a distance of 27.05 feet to a set ''/2" rebar
with license #23212;
thence North 89°401/4' East a distance of 204.1 feet to the Southerly
extension of the East line of said Parcel "E", point being a set 1/2" rebar with
license #23212;
thence along said Southerly extension South 00°18'40" East a
distance of 27.1 feet to the point of beginning.
Containing 5,520 sq. ft..
Subject to restrictions, easements, covenants, ordinances, and limited access
provisions of record and not of record.
Note: The South line of said Southeast Quarter is assumed to bear South
89°40'50" West for this description.
THIS PLAT REPRESENTS A SURVEY OF TRACT "B"
That part of the Southeast Quarter (SE 1/4) in Section No. 5, Township No.
89 North, Range No. 13 West of the Fifth Principal Meridian, City of
Waterloo, Black Hawk County, Iowa, described as follows:
Commencing at the Southeast corner of said Southeast Quarter,
point being a found '/2" rebar in P.C.C. pavement;
thence along the South line of said Southeast Quarter South
89°40'50" West a distance of 937.7 feet to the Southerly extension of the
Page 168 of 195
Legal Descriptions:
East line of Parcel "E" per Plat of Survey recorded in File 2016-11511 dated
12/23/2015 in the Office of the Black Hawk County Recorder;
thence along said Southerly extension North 00°18'40" West a
distance of 60.1 feet to a set 1/2" rebar with license #23212, also being the
point of beginning;
thence South 89°401/4' West a distance of 204.1 feet to a set 1/2"
rebar with license #23212;
thence North 00°19' West a distance of 66.0 feet to the South line of
said Parcel "E", also being the North right-of-way of West Airline Highway,
point being a set 1/2" rebar with license #23212;
thence along said South line North 89°401/4' East a distance of 204.1
feet the Southeast comer of said Parcel "E", point being a found ?" rebar
with license #19715;
thence along the Southerly extension of said Parcel "E" South
00°18'40" East a distance of 66.0 feet to the point of beginning. Containing
13,470 sq. ft..
Subject to restrictions, easements, covenants, ordinances, and limited access
provisions of record and not of record.
Note: The South line of said Southeast Quarter is assumed to bear South
89°40'50" West for this description.
THIS PLAT REPRESENTS A SURVEY OF TRACT "C"
That part of the Southeast Quarter (SE 1/4) in Section No. 5, Township No.
89 North, Range No. 13 West of the Fifth Principal Meridian, City of
Waterloo, Black Hawk County, Iowa, described as follows:
Commencing at the Southeast corner of said Southeast Quarter,
point being a found '/2" rebar in P.C.C. pavement;
thence along the South line of said Southeast Quarter South
89°40'50" West a distance of 1,141.8 feet;
thence North 00°19' West a distance of 33.0 feet to a set 1/2" rebar
with license #23212, also being the point of beginning;
thence South 89°40'50" West a distance of 500.0 feet to the
Southerly extension of the West line of Parcel "E" per Plat of Survey
recorded in File 2016-11511 dated 12/23/2015 in the Office of the Black
Hawk County Recorder, point being a set 1/2" rebar with license #23212;
thence along said Southerly extension North 00°19' West a distance
of 26.95 feet to a set 1/2" rebar with license #23212;
thence North 89°403/4' East a distance of 500.0 feet to a set '/2" rebar
with license #23212;
thence South 00°19' East a distance of 27.05 feet to the point of
beginning.
Containing 13,500 sq. ft..
Subject to restrictions, easements, covenants, ordinances, and limited access
provisions of record and not of record.
Note: The South line of said Southeast Quarter is assumed to bear South
89°40'50" West for this description.
THIS PLAT REPRESENTS A SURVEY OF TRACT "D"
That part of the Southeast Quarter (SE 1/4) in Section No. 5, Township No.
89 North, Range No. 13 West of the Fifth Principal Meridian, City of
Page 169 of 195
Waterloo, Black Hawk County, Iowa, described as follows:
Commencing at the Southeast corner of said Southeast Quarter,
point being a found ''/2" rebar in P.C.C. pavement;
thence along the South line of said Southeast Quarter South
89°40'50" West a distance of 1,141.8 feet;
thence North 00°19' West a distance of 60.05 feet to a set 1/2" rebar
with license #23212, also being the point of beginning;
thence South 89°40'/4' West a distance of 500.0 feet to the Southerly
extension of the West line of said Parcel "E", point being a set 1/2" rebar with
license #23212;
thence along said Southerly extension North 00°19' West a distance
of 66.0 feet to the Southwest corner of said Parcel "E", also being on the
North right-of-way of West Airline Highway, point being a found ''/2" rebar
with license #8033;
thence along said the South line North 89°40'/4' East a distance of
500.0 feet to a set '/2" rebar with license #23212;
thence South 00°19' East a distance of 66.0 feet to the point of
beginning.
Containing 33,000 sq. ft..
Subject to restrictions, easements, covenants, ordinances, and limited access
provisions of record and not of record.
Note: The South line of said Southeast Quarter is assumed to bear South
89°40'50" West for this description.
Page 170 of 195
REQUEST:
APPLICANT(S):
GENERAL
DESCRIPTION:
IMPACT ON
NEIGHBORHOOD &
SURROUNDING
LAND USE:
VEHICULAR &
PEDESTRIAN
TRAFFIC
CONDITIONS:
RELATIONSHIP TO
RECREATIONAL
TRAIL PLAN and
COMPLETE
STREETS POLICY.
ZONING HISTORY
FOR SITE AND
IMMEDIATE VICINITY:
BUFFERS
REQUIRED/ NEEDED:
DRAINAGE:
DEVELOPMENT
HISTORY:
FLOODPLAIN:
PUBLIC /OPEN
SPACES/ SCHOOLS:
Vacate- Airline Highway
December 4, 2018
Request by the City of Waterloo to vacate 65,490 square feet
of Airline Highway west of 3070 West Airline Highway.
City of Waterloo, 715 Mulberry Street, Waterloo, Iowa 50703
Request by the City of Waterloo to vacate 65,490 square feet
of surplus right of way.
The request to vacate will not have an negative impact on the
surrounding neighborhood.
The request to vacate would not appear to have a negative
impact on vehicular traffic in the area as the area to be
vacated is not needed as city right-of-way.
The nearest trail is located in George Wyth State Park which
located south of US Highway 218 and there are no sidewalks
in the area.
The site is zoned "M-1" Light Industrial District and has been
zoned as such since the adoption of the zoning ordinance in
1969. Neighboring land uses and zoning:
North — Agricultural and the Waterloo Airport zoned "M -2,P"
Planned Industrial District
South — Industrial zoned "M-1" Light Industrial District.
East — Industrial zoned "M-1" Light Industrial District.
West — Industrial zoned "M -1,C -Z" Light Industrial Conditional
Zoning District and "M-1" Light Industrial District.
The request would not require any buffering by ordinance
standards.
The proposed vacate would not appear to have a negative
impact on drainage.
Industrial buildings built between 1968 and 2018.
This area is not located in a flood plain as indicated by the
Flood Insurance Rate Map No. 1900025 0167F
Lincoln Elementary School is located 2.47 miles to the
southeast, Central Middle School is located 3.26 miles to the
south, and East High is located 4.67 miles to the southeast.
The nearest open space is George Wyth State Park located to
Page 1 of 2
Page 171 of 195
UTILITIES: WATER,
SANITARY SEWER,
STORM SEWER,
ETC.
RELATIONSHIP TO
COMPREHENSIVE
LAND USE PLAN:
STAFF ANALYSIS —
ZONING
ORDINANCE:
STAFF ANALYSIS —
SUBDIVISION
ORDINANCE:
STAFF
RECOMMENDATION:
Vacate- Airline Highway
December 4, 2018
the south of US Highway 218.
There is a 12" Sanitary Sewer Line, overhead electrical lines,
and a possible gas line located in the section to be vacated
therefore an easement will need to be maintained after the
vacate.
The Future Land Use Map designates the area as Industrial,
and this request would be in compliance with the Future Land
Use Map and Comprehensive Plan.
The city is requesting to vacate 65,400 square feet of Airline
Highway right-of-way. A portion of the right-of-way was
acquired when there was a proposal to add a frontage road to
Airline Highway. Additional portions of the right-of-way to be
vacated were for the possible expansion of Airline Highway
when it was US Highway 20.
There is utilities in the vacate area therefore an easement will
need to be maintained over the vacate area.
At their December 4, 2018 meeting the Planning,
Programming and Zoning commission voted unanimously to
recommend approval of the vacate.
There will be a separate request to plat the land.
Therefore, staff recommends the request to vacate 65,490
square feet of Airline Highway right-of-way be approved for
the following reasons:
1. The request to vacate would not appear to have a
negative impact on the surrounding area.
2. The request to vacate would not appear to have a
negative impact on vehicular or pedestrian traffic in the
area.
3. The area to be vacated is not needed for right-of-way.
With the following conditions:
1. That an easement be maintained under, upon, and
above the proposed vacate.
Page 2 of 2
Page 172 of 195
City of Waterloo Planning, Programming and Zoning Commission
December 4, 2018
_
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AIRPORT BLVD
MIDPORT BLVD
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West of 3070 Airline Highway
Vacate
City of Waterloo
Page 173 of 195
City of Waterloo Planning, Programming and Zoning Commission
December 4, 2018
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Ill
West of 3070 Airline Highway
Vacate
City of Waterloo
Page 174 of 195
INDEX LEGEND
General Description:
Surveyor
Surveying Company/
Return to:
Survey Requested By:
Proprietor:
Sec. 5-T89N-R13W, SE 1/4, Waterloo
Kyle J. Helland
Helland Engineering & Surveying, Ltd.
1107 Technology Parkway
Cedar Falls, Iowa 50613-6955
319-266-0161
Noel Anderson/City of Waterloo
City of Waterloo
a)
a>
S 1/4 CORNER
SEC. 5-T89N-R13W
FOUND NO. 4 REBAR
IN P.C.C. PAVEMENT
PER 344 MISC. 129
SW1/4SE1/4
20,570± SQ, FT. ,
— SW 1/4 SE 1/4—'
8,390± SQ. FT.
N 00°19' W 26.95'
N 00°19' W 66.0'
This Plat or Subdivision has been reviewed by (CitylCounty).
SA
Signature of (City/County)
Ordinance Administrator
N 00°19' W 386.6'
Date
rbow
O T n�
as cz -
(ASSUMED BEARING) --c?,
co So
SE 1/4 SE 1/4
5,110±SQ. FT.
MONUMENTS AT THE
CORNERS OF TRACTS
A", "B", '''C" & "D" TO BE
SET BY 01/31/2019
THERE IS A
RESERVATION OVER ALL
OF TRACTS "B" & "D" FOR
A FUTURE ACCESS ROAD
PER WARRANTY DEED IN
BOOK 453 PAGE 257
TRACT r'A"
5,520 SQ. FT.
(TO BE VACATED)
TRACT 'C"
P.O.B.
9!
z
0
cn
0
r
I
0
(N 00°00' W 386.45' d
(N 01°03'40" W 386.45)h
FOUND NO. 4 REBARFOUND NO. 4 REBAR
w/YPC #8033 \
/ `—PARCEL "A" 88°09'
r 89°591/4' PLAT OF SURVEY (88°0906)h
r (90°00'0O)h 297 MISC. 615
DATED 05/04/1990
TRACT "D"
33,000 SQ. FT.
(TO BE VACATED)
TRACT "C"
13,500 SQ. FT.
(TO BE VACATED)
SE 1/4
SEC. 5-T89N-R 13 W
WATERLOO
i TRACT "D"
P.O.B.
r
L2
SE CORNER
TRACT 'A" i
P.
B.
8
L4
L5
PARCEL "E"
PLAT OF SURVEY
FILE2016-11511
DATED 12/23/2015
APPROXIMATE 1/41/4 LINE
SE 1/4 SE 1/4
12,430± SQ. FT.
SEE SHEET 2 FOR DESCRIPTIONS OF TRACTS "A", "B" & "C"
SEE SHEET 3 FOR DESCRIPTION OF TRACT "D",
SEE SHEET 3 FOR LEGEND, LINE TABLE & LOCATION MAP
EXISTING 126.0' R.O.W.
SOUTH LINE OF
PARCEL "E"
/ L7
,' 90°01'05"
(90°00'00')h
r ,
TRACT "B"
13,470 SQ. FT.
(TO BE VACATED)
91°50'40"
(91050'54")h
FOUND NO. 5 REBAR
w/ALUMINUM CAP #19715
(S 01°03'40" E 363)77)h
S 00°18'40" E 363.7'
rni inin Kin DCO A D
r 1
THIS PLAT REPRESENTS A SURVEY OF TRACT "A"
That part of the Southeast Quarter (SE 114) in Section No. 5, Township No. 89 North, Range No. 13 West of the Fifth
Principal Meridian, City of Waterloo, Black Hawk County, Iowa, described as follows:
Commencing at the Southeast corner of said Southeast Quarter, point being a found 1/2" rebar in P.C.C. pavement;
thence along the South line of said Southeast Quarter South 89°40'50" West a distance of 937.7 feet to the
Southerly extension of the East line of Parcel "E" per Plat of Survey recorded in File 2016-11511 dated 12/23/2015 in the
Office of the Black Hawk County Recorder;
thence along said Southerly extension North 00°18'40" West a distance of 33.0 feet to a set'/" rebar with license
#23212, also being the point of beginning;
thence South 89°40'50" West a distance of 204.1 feet to a set'/" rebar with license #23212;
thence North 00°19' West a distance of 27.05 feet to a set'/" rebar with license #23212;
thence North 89°401/' East a distance of 204.1 feet to the Southerly extension of the East line of said Parcel "E",
point being a set rebar with license #23212;
thence along said Southerly extension South 00°18'40" East a distance of 27.1 feet to the point of beginning.
Containing 5,520 sq. ft..
Subject to restrictions, easements, covenants, ordinances, and limited access provisions of record and not of record.
Note: The South line of said Southeast Quarter is assumed to bear South 89°40'50" West for this description.
THIS PLAT REPRESENTS A SURVEY OF TRACT"B"
That part of the Southeast Quarter (SE 1/4) in Section No. 5, Township No. 89 North, Range No. 13 West of the Fifth
Principal Meridian, City of Waterloo, Black Hawk County, Iowa, described as follows:
Commencing at the Southeast corner of said Southeast Quarter, point being a found'/2' rebar in P.C.C. pavement;
thence along the South line of said Southeast Quarter South 89°40'50" West a distance of 937.7 feet to the
Southerly extension of the East line of Parcel "E" per Plat of Survey recorded in File 2016-11511 dated 12/23/2015 in the
Office of the Black Hawk County Recorder;
thence along said Southerly extension North 00°18'40" West a distance of 60.1 feet to a set'/2' rebar with license
#23212, also being the point of beginning;
thence South 89°40'/4 West a distance of 204.1 feet to a set %" rebar with license #23212;
thence North 00°19' West a distance of 66.0 feet to the South line of said Parcel "E", also being the North
right-of-way of West Airline Highway, point being a set'/" rebar with license #23212;
thence along said South line North 89°401/4' East a distance of 204.1 feet the Southeast comer of said Parcel "E",
point being a found %" rebar with license #19715;
thence along the Southerly extension of said Parcel "E" South 00°18"40" East a distance of 66.0 feet to the point of
beginning. Containing 13,470 sq. ft..
Subject to restrictions, easements, covenants, ordinances, and limited access provisions of record and not of record.
Note: The South line of said Southeast Quarter is assumed to bear South 89°40'50" West for this description.
THIS PLAT REPRESENTS A SURVEY OF TRACT "C"
That part of the Southeast Quarter (SE 114) in Section No. 5, Township No. 89 North, Range No. 13 West of the Fifth
Principal Meridian, City of Waterloo, Black Hawk County, Iowa, described as follows:
Commencing at the Southeast corner of said Southeast Quarter, point being a found'/" rebar in P.C.C. pavement;
thence along the South line of said Southeast Quarter South 89°40'50" West a distance of 1,141.8 feet;
thence North 00°19' West a distance of 33.0 feet to a set'/" rebar with license #23212, also being the point of
beginning;
thence South 89°40'50" West a distance of 500.0 feet to the Southerly extension of the West line of Parcel "E" per
Plat of Survey recorded in File 2016-11511 dated 12/23/2015 in the Office of the Black Hawk County Recorder, point being a
set'/" rebar with license #23212;
thence along said Southerly extension North 00°19' West a distance of 26.95 feet to a set 1/2" rebar with license
#23212;
thence North 89°401/4' East a distance of 500.0 feet to a set 1/2" rebar with license #23212;
thence South 00°19' East a distance of 27.05 feet to the point of beginning.
Containing 13,500 sq. ft..
Subiect to restrictions. easements. covenants. ordinances_ and limited accE?ss nrnvisinnc of rennrd and not of rennrr!
THIS PLAT REPRESENTS A SURVEY OF TRACT "D"
That part of the Southeast Quarter (SE 1/4) in Section No. 5, Township No. 89 North, Range No. 13 West of the Fifth
Principal Meridian, City of Waterloo, Black Hawk County, Iowa, described as follows:
Commencing at the Southeast corner of said Southeast Quarter, point being a found 1/" rebar in P.C.C. pavement;
thence along the South line of said Southeast Quarter South 89°40'50" West a distance of 1,141.8 feet;
thence North 00°19' West a distance of 60.05 feet to a set 1/2" rebar with license #23212, also being the point of
beginning;
thence South 89°401/4` West a distance of 500.0 feet to the Southerly extension of the West line of said Parcel "E"
point being a set'/" rebar with license #23212;
thence along said Southerly extension North 00°19' West a distance of 66.0 feet to the Southwest corner of said
Parcel "E", also being on the North right-of-way of West Airline Highway, point being a found 1/2" rebar with license #8033;
thence along said the South line North 89°401/' East a distance of 500.0 feet to a set 1/" rebar with license #23212;
thence South 00°19' East a distance of 66.0 feet to the point of beginning.
Containing 33,000 sq. ft..
Subject to restrictions, easements, covenants, ordinances, and limited access provisions of record and not of record.
Note: The South line of said Southeast Quarter is assumed to bear South 89°40'50" West for this description.
CEDAR FALLS/
WATERLOO CORP. LIMIT
LINE TABLE
LINE
BEARING - DISTANCE
L1
S 89°40'50" W 204.1'
L2
N 00°19' W 27.05'
L3
N 89°40'/' E 204.1'
L4
S 00°18'40" E 27.1'
L5
N 00°19' W 66.0'
L6
N 89°40'/' E 204.1'
L7
S 00°18'40" E 66.0'
L8
N 00°18'40" W 33.0'
L9
N 00°19' W 33.0'
C
LOCATION MAP
W AIRLINE HIGHWAY
TRACTS "A", "B", "C", "D"
LEGEND 1J
(0.02a PER ORIGINAL GOVERNMENT SURVEY BY,
GEORGE W. JONES DATED 12/15/1846
(0.0)5 PER WPA NOTES (NO DATE)
(0.09c PER PLAT OF SURVEY 281 MISC. 806
FILED 08/18/1988
(0.0)d PER PLAT OF SURVEY 297 MISC. 615
DATED 05/04/1990
(0.0)e PER PLAT OF SURVEY 344 MISC. 130
DATED 08/23/2001
(0.07f PER PLAT OF SURVEY FEE BK #2006 17726
DATED 08/19/2005
(0.0)g PER PLAT OF SURVEY FILE 2013-1824
DATED 07/26/2012
B1 /1,1A n ro ni n r nr ', imam/ ru r 41114G. 4 4 E 4 4
Vacate west of 3070 West Airline Highway
41010100,,
Looking west along Airline Highway at the Vacate Area.
Looking across Airline Highway at the vacate area.
Page 178 of 195
City of Waterloo Planning & Zoning Department
715 Mulberry Street, Waterloo, Iowa 50703
(319) 291-4366
Offer to Vacate and Purchase City Right -of -Way
❑ Request to Vacate Easement, Vacate Sidewalk, or Encroachment Agreement
U Sale of City -Owned Property
Applicant: Ly`j Ce (» Tm2 ,0oAddress: 71 m 41iA!?-h 61"21°-°'P one No.: 34 09F-43to 6
General Description of Property to Vacated (i.e.- alley between A St. & B St., South of C St.):
Legal description of area to be conveyed, vacated, or encroached:
1. A non-refundable filing fee(s) shall be made as follows (checks payable to City of Waterloo):
• Right-of-way vacation — One Hundred Seventy Five Dollar ($175.00) Filing Fee
• Easement or sidewalk vacation — Seventy Five Dollar ($75.00) Filing Fee
• Encroachment— One Hundred Dollar ($100.00) Filling Fee
• Sale of city -owned property not required to be vacated No Fee
• Any request not meeting the Sale of Property Policy — One Hundred Dollar ($100.00) Fee
2. Offer Price*[Note: if the offer price meets the Sale of Property Policy (see attached) the request will not be
required to be reviewed by the Building & Grounds Committee.]
• Asking price (see attached Sale of Property Policy for how calculated):
• Deductions
• May decrease price by 50% for area located within an easement:
• May decrease price for the City tax that will be collected on
the land within 5 yrs (8 yrs inside of the CI.1R.A):
• Costs (surveying & misc., demolition, remove of curbs, etc):
Asking price — Deductions = Value of Property:
Offer Price for Entire Area:
Note: The above information is a summary of the Sale of Property Policy (see attached). All requests to vacate and purchase
City right-of-way must be accompanied by a signed "Intent to Vacate" form for each abutting property to the area to be vacated.
Any request that fails to meet the Sale of Property Policy shall not be forwarded to the Building and Grounds Committee or City
Council. Any such applicant shall need to request review to Building and Grounds through a City Council member.
3. Publication and Recording Fees*: At the time a buyer(s) has been selected, all publication costs and
recording fees must be paid by the applicant. Applicant shall be responsible for collecting from other buyers.
4. Easement*: The following easement shall be retained:
U N J)r L 1 t) PastJ, - 014 G n lir 119
5. Other: Please provide a si e-pla4 .nd/or aerial photo of the area to be vacated if the request involves
addition, onsti ion . th- ease for the request.
// fa,/
Applicant Date
*Not required for easement vacates sidewalk vacates or Encroachment Agreements
Page 179 of 195
CITY OF WATERLOO
Council Communication
An ordinance repealing and replacing Title Three, Chapter Four, Article A Pawnbrokers.
City Council Meeting: 1/22/2019
Prepared:
REVIEWERS:
Department Reviewer Action Date
i�oiace
Department c,pc�apa' pCa^ipey Approved 11/116/2,()
ATTACHMENTS:
Description
D Ordinance
SUBJECT:
.1
Type
Backup Ma: i
Motion to receive, file, consider, and pass for the first time amending the
City of Waterloo Code of Ordinances by repealing Title Three, Chapter
Four, Article A Pawnbrokers, and replacing it with a new Title Three,
Chapter Four, Article A Pawnbrokers.
Motion to suspend the rules.
Motion to receive, file, consider, and pass for the second and third times and
adopt said ordinance.
Submitted by: Submitted By: Major Joe Leibold
Page 180 of 195
ARTICLE A. PAWNBROKERS
3-4A-1: Definitions
3-4A-2: Licenses Required
3-4A-3: License Criteria
3-4A-4: License Issuance
3-4A-5: License Stipulations and Fee
3-4A-6: Transaction Fee
3-4A-7: Records Register
3-4A-8: Inspections
3-4A-9: Law Enforcement Holds and Seizures
3-4A-10: Holding Periods
3-4A-11: Prohibited Acts
3-4A-12: Denial, Suspension or Revocation
3-4A-13: Penalty
3-4A-14: Hold Harmless
3-4A-1 Definitions:
Pawnbroker means every person who makes loans or advancements upon pawn, pledge or
deposit of personal property or who receives actual possession of personal property as security
for loans, with or without a mortgage or bill of sale thereon, or who by advertisement, sign or
otherwise holds himself or herself out as a pawnbroker.
3-4A-2 License required
A. No person shall engage in the pawn business without first obtaining a pawnbroker
license.
B. All applicants for such licenses shall apply in writing to the city clerk.
C. All license applications shall contain the following information:
1. The full name, residential address, business address, date of birth and social
security number of all parties who have an ownership stake.
2. Where the applicant is a corporation or partnership, the names of the
officer/partners and name and address of the local manger.
D. The name and address of the owner of the business' premises.
E. The business, occupation or employment of the applicant, including location thereof, for
the two years immediately preceding the date of application.
F. The arrest record of the applicant and whether the applicant has ever been convicted of
any crime, except simple misdemeanor traffic violations. If any person mentioned in this
subsection has been so convicted, a statement must be made giving the place and court in
which such conviction was had, the specific charge under which the conviction was
obtained, and the sentence imposed as a result of such conviction.
G. Assurance the applicant has a computer that can access the interne and utilize the
automated pawn records system.
H. Proof of $10,000 surety bond.
Page 181 of 195
3-4A-3 License criteria
Upon receipt of a pawnbroker license application, the city clerk shall forward a copy of the
application to the chief of police and the zoning enforcement officer or their designees who shall
review the application. The applicant shall furnish such evidence as may reasonably be required
in support of the statements set forth in the application. The chief of police and the zoning
enforcement officer or their designees shall report to the city clerk within 30 days of receipt of
the application considering but not limited to the criteria of whether:
A. The applicant or his or her agent or employee charged with receiving or distributing
property has been convicted of a felony. However, if the conviction of a felony occurred
more than five years before the application for a pawnbroker license and if such person's
rights of citizenship have been restored by the governor, such conviction shall not be a
bar to obtaining a pawnbroker license;
B. The applicant has truthfully reported all relevant facts within the pawnbroker application;
C. The applicant has such financial standing and good reputation to indicate that he or she
will comply with all the laws of the state and the city;
D. The applicant has a computer that can access the internet and utilize the automated pawn
records system; and
E. The pawnbroker's business complies with City of Waterloo zoning requirements, Iowa
State Law and all relevant site plan regulations and guidelines.
3-4A-4 License issuance
A. Upon receipt of an acceptable police and zoning report and the appropriate fees, the city
clerk shall approve the application if the applicant has fully complied with all of the
requirements of this division, and the city clerk shall thereupon issue a pawnbroker
license to the applicant and forward a copy of such to the chief of police.
1. The license shall expire on December 31 after the date of issuance.
2. The license shall state the name, address and phone number of business licensed
3. The business to be transacted
4. The date of issuance and expiration of the license.
B. If the city clerk determines that the applicant for a new or renewal license has not fully
complied with all of the requirements of this ordinance or that the applicant has falsified
his or her application, the city clerk shall, after consultation with the city attorney, deny
the license.
1. The applicant then may appeal the clerk's decision to the City Council.
C. Upon any change in any of the information required to be submitted as part of the
application, licensee shall within five (5) days of such change notify the city clerk of said
change, in writing, and in the event of a change of address for doing business, the license
shall be returned to the city clerk and an amended license issued designating the new
location. The amended license shall be valid for the length of time remaining on the
original license.
Page 182 of 195
3-4A-5 Stipulations and fees
A. An applicant for a pawnbroker license shall submit a $50 application fee to the city
clerk at the time of filing the application. The license fee will be required for renewal
each January.
B. An applicant who makes a late application for renewal of a pawnbroker license shall pay
a late fee of $10 per month after January 1st. Failing to acquire the appropriate license by
April 1st will require the person to close the business and face criminal and civil penalties.
C. Any person operating several or separate pawn broking businesses shall pay the license
fee and procure a license for each physical location.
D. Violations in one licensed premises shall not be deemed violations in all premises
licensed by that pawnbroker, unless there is a clear nexus for the violation and the
business.
E. Every licensed pawnbroker shall display his or her license conspicuously in the business
so that it may be readily observed by all persons entering the premises.
F. No pawnbroker license shall be sold or transferred. The purchaser of any pawnbroker
business or of the majority of the stock of any corporation operating a pawnbroker
business shall make application for and obtain a new license before operating such
business at the location for which the license has been issued.
3-4A-6 Transaction fee
A pawnbroker shall collect a transaction fee of $.50 per transaction. The transaction fee shall be
collected by the licensee, from each customer, upon the initiation of each new pawn loan, and
each transaction involving the purchasing of personal property.
The pawnbroker shall pay to the city all transaction fees collected, by the 15th of the following
month.
a. Transaction Fees will be utilized to maintain and operate an electronic filing
system to aid law enforcement in recovering stolen property.
b. Transaction fees in excess of the amount needed to cover costs associated with
maintaining the system will be reimbursed to the license holder to help offset the
loss associated with stolen/recovered property seized by the Waterloo Police
Department. The percent of reimbursement will be determined by dividing the
funds available by the total seized property and then distributed based on
percentage seized to each licensee.
c. If all license holders have been made whole, remaining fees will be placed in a
project account for the City of Waterloo to provide solvency to the system.
3-4A-7 Records Register
A. Record Required: on each item or article at the time of pawning or purchasing said
item, every license holder shall be required to keep a record in which the license
holder shall accurately collect the following:
1. Date and time the item was presented
Page 183 of 195
2. A detailed accurate description of the item
3. The serial and model number if available
4. Special characteristics or identifying marks
5. Amount paid, advanced or loaned for the item
6. A photocopy or digital copy a VALID State or Government Issued photo I.D.
7. A current address and telephone number from the person presenting the item.
B. Failing to obtain and keep the above information, making false or fraudulent entries
will be considered a simple misdemeanor with criminal charges, loss of license and
fines.
C. The Records Register shall be submitted electronically to the City of Waterloo or its
authorized agents, at a minimum on each Monday by 9 AM.
1. If there are issues preventing the submission all items collected during that
time, the following requirements apply:
i. The licensee must record and submit the required information in
another manner on the appropriate Monday.
ii. All property received, will be held for 5 days from the time electronic
submissions are restored
1. This holding period does not apply to the redemption of loan
items.
iii. If there are extenuating circumstances resulting in extended electronic
downtime the Chief of Police or Designee will have the authority to
waive the holding period.
2. Each entity is responsible to maintain data security and confidentiality of
personal infonnation and is responsible for any and all breaches to in their
respective systems.
i. Confidential information shall include
1. Any and all personal information
2. Transactional Information that would give a business
advantage to any participating organization.
3. Certain necessary information may be released by law
enforcement for investigative or prosecution of criminal
offenses as per Iowa Law.
3-4A-8 Inspections
The license holder shall at all times permit a duly authorized Police Officer of the City of
Waterloo to inspect the entire premises covered by the license, including all locked containers
and all records having any relationship to the operation of the pawn business.
No licensee, agent or employee shall refuse, resist or attempt to prevent a duly sworn police
officer from examining the licensed premises for the purpose of discovering/recovering stolen
property or any violation of this ordinance.
3-4A-9 Law Enforcement Holds and Seizures
Page 184 of 195
A. The police are authorized to require a "hold" on property for investigative purposes.
This hold requires the licensee to hold the property until such time the hold has been
cleared.
1. If law enforcement has not cleared the hold or recovered the property within 15
days of placing the hold the licensee may dispose of the items as they deem
appropriate.
D. The police are authorized to seize property with a seizure notice; a copy of the receipt
will be given to the licensee.
3-4A-10 Holding Periods
1. Any item pawned shall not be sold, transferred, altered, removed from the premise or
otherwise disposed of for 15 days from the date the item was received by the licensee.
a. However an individual may redeem said item that was pawned during or after
the 15 day holding period at the discretion of the pawnbroker, provided there are
no law enforcement holds.
b. Items purchased for resale by the licensee shall be held for 15 days prior to being
offered for sale.
c. There is no hold required for items purchased from a wholesale vendor and sold
as new.
3-4A-11 Prohibited Acts
1. No licensee shall receive property from any person under the age of 18.
2. No licensee shall receive property unless the seller presents a VALID State or
Government Issued photo I.D.
3. No licensee will interfere with law enforcement investigations or recovery of
stolen property.
4. No goods or merchandise shall be stored or continuously displayed on any
public right of way.
3-4A-12 Denial, Suspension or Revocation
1. Any license under this article may be denied, suspended or revoked for any of the
following reasons by the Waterloo City Clerk:
a. Failing to conform to the Waterloo Zoning Ordinance
b. Failing to comply with health, building and building maintenance of the City of
Waterloo, Black Hawk County and/or the State of Iowa.
c. Violating any provisions of this article
d. Any type of fraud or deception.
e. Failure to cooperate with lawful requests of City Officials.
f. Failure to provide accurate information at the time of application.
2. All appeals of a license denial, suspension or revocation will be heard by the Waterloo
City Council.
Page 185 of 195
3-4A-13 Penalty
Every person, agents and employees of the licensee who violate any provisions of this article
shall upon conviction be guilty of a municipal infraction and fined as provided in subsection 1-3-
2C of this code. Each day a violation occurs shall constitute a separate offense.
Page 186 of 195
CITY OF WATERLOO
Council Communication
Motion approving Change Order No. 1, in the amount of $39,237.42 in conjunction with the Waterloo Waste
Water Treatment Plant Equalization Basin Overflow Line, Contract No. 880, and authorize the Mayor and City
Clerk to execute said document.
City Council Meeting: 1/22/2019
Prepared: 1/16/2019
REVIEWERS:
Department Reviewer
Waste Management I ven, i1,eAnnn
ATTACHMENTS:
Description
D Memo to 1Waaterioo Maay�ar farts
D (-Mange Order No. 1
D 1IIII.nljneering Letter of a:t;o ren
':city Caauunci1
Action Date
Approved / 6/20p9... ii:38 AM
Type
Coven- \ amnio
3ackui:pr Mattelinai
up Material
Submitted by: Submitted By: Steve Hoambrecker, Waste Management Services Director
Recommended Action: Recommend approval of Change Order #1 in the amount of $39,237.42
Expenditure Required: $ 39,237.42
Source of Funds: Sanitary Sewer fund
Page 187 of 195
11J1IU1111)), ,ta
January 16, 2019
CITY OF WATERLOO, IOWA
WASTE MANAGEMENT SERVICES DEPARTMENT
3505 Easton Ave. • Waterloo, IA 50702 • (319) 291-4553
Steve Hoambrecker, Director
Memo to Waterloo Mayor and City Council:
RE: Resolutions Approving Change Order #1 Equalization Basin Overflow line,
City Contract No.880
Background Discussion
Bids were received from 4 bidders on this project on November, 17 2017. Ricklefs Excavating
Ltd, now Boomerang, was the low bidder at $693,700 and the project was awarded to them by
the city council on November 20, 2017. The project consists of installing a 24" overflow line
from the western EQ basin into the satellite aeration basin with a 12" diversion line into Easton
aeration basin #4. The project was originally planned to be completed May 31, 2018. The
delays in part are due to buy American stipulations for SRF funded projects.
This particular Change Order is required to relocate both a 12" and 8 "water mains. The water
mains were unexpectedly deeper (9 foot versus typical 6 foot) than expected need to be
rerouted.
AECOM has reviewed the proposed change order amount and is recommending approval of this
work in the amount of $ 39,237.42. A copy of their recommendation letter is attached. Upon
approval of this change order, material will need to be ordered and the improvements
completed in about 1 week after receiving the material.
This change order will result in a 5.7 % contract price increase.
Original bid amount
CO #1
New contract Amount
$693,700.00
$39,237.42
$732937.42
Recommended Action
It is recommended that the city council approve change order #1 in the amount of ($39,237.42).
Funding for this project is the sanitary sewer fund.
Page 188 of 195
CHANGE ORDER NO. 1
Owner City of Waterloo, Iowa Date January 22, 2019
Project Flow Equalization Facility Overflow Connection to Satellite WPCF
Owner's Contract No. City Contract No. 880 Contractor Boomerang Corporation
Date of Contract Start November 27, 2017 $ 693,700.00
You are directed to make the following changes in the Contract Documents. Description:
Contractor to provide labor, materials and equipment necessary to provide water main alterations per the drawing titled
"Proposed Modification Water Main Conflict" and dated 12/13/18. Materials for this will comply with the American Iron and Steel
(AIS) provisions stated within the project SRF requirements.
For this change:
1. Materials $13,450.49
2. Labor 20,000.00
3. Profit and Overhead 5,017.57
4. Increase to Bond 769.36
Total ADD $39,237.42
Reason for Change Order:
During excavation for installation of the 24 -inch FEQ Basin Overflow line, it was discovered that there was a conflict of the
existing 8 -inch and 12 -inch water lines. This required a design of alterations to the water mains to avoid a conflict with the 24 -
inch pipe installations. This Change Order will include excavation, installing new water main materials (including hydrants) for
the alterations, thrust blocks, installation of 24 -inch FEQ under adjusted water mains, leak inspection of alterations, backfill and
flushing of system. This will require coordination with the City staff and Contractor to ensure minimal downtime to plant
operations.
CONTRACT PRICE CONTRACT TIMES (Calendar Days)
To substantial To final
completion completion
Original: $693,700.00 Original Completion Date: May 31, 2018
Previous C.O.'s (ADD/DEDUCT): $ ---
This C.O. (ADD/DEDUCT): $39,237.42
Contract Price with all
approved Change Orders: $732,937.42
REVISED Completion Date: To be Determined
It is agreed by the Contractor that this Change Order includes any and all costs associated with or resulting from the change(s) ordered
herein, including all impact, delays, and acceleration costs. Other than the dollar amount and time allowance listed above, there shall
be no further time or dollar compensation as a result of this Change Order.
THIS DOCUMENT SHALL BECOME AN AMENDMENT TO THE CONTRACT AND ALL
STIPULATIONS AND COVENANTS OF THE CONTRACT SHALL APPLY HERETO.
APPROVED:
By:
OWNER (Authorized Signature) Date
ACCEPTED:
By:
CONTRACTOR (Authorized Signature) Date
C:\Users\hillsmanr\Documents\Waterloo - CO 1 - FEQ Overflow 1-16-19 (3).docx
AECOM
60507078 / 1
Project Change
Number Order No
Page 189 of 195
AECOM
January 16, 2019
Mr. Steve Hoambrecker
Waste Management Services
3505 Easton Avenue
Waterloo, Iowa 50702
AECOM
501 Sycamore Street
Suite 222
Waterloo, Iowa 50703
www.aecom.com
Subject: Change Order No. 1
Flow Equalization Facility Overflow Connection to Satellite WPCF
Waterloo, Iowa
City Contract No. 880
AECOM #60507078
Dear Mr. Hoambrecker:
319-232-6531 tel
319-232-0271 fax
Enclosed please find Change Order No. 1 for the above -referenced project. This change order is in regard to an
existing conflict of the 8 -inch and 12 -inch water lines, which requires alterations to avoid a conflict with the 24 -
inch pipe installations.
This Change Order No. 1 covers costs for the excavation, installation of new water main materials (including
hydrants) for the alterations, thrust blocks, installation of 24 -inch FEQ under the adjusted water mains, leak
inspection of alterations, backfill and flushing of the system. Coordination between City staff and the contractor
is required to ensure minimal downtime to plant operations.
It is recommended to move forward with this Change Order No. 1 in the amount of $39,237.42. If you have any
questions or need additional information, please let us know. Thank you.
Yours sincerely,
Ross A. Hillsman, PE
Enclosure: As Noted
c: Boomerang Corporation
P:\60507078\600_Construction_Support\670_Change-Orders\2019-01-16 Trnsmtl to SH - CO #1.docx
Page 190 of 195
CITY OF WATERLOO
Council Communication
Communication from the Public Works Department on the notice of the conclusion of employment for Donna
Balk, Administrative Secretary, effective December 31, 2018 with recommendation of approval of payout of
$12,897.43 for unused benefits.
City Council Meeting: 1/22/2019
Prepared:
REVIEWERS:
Department Reviewer Action Date
RZcsorces Dunn, .t ance .Approved. 1/11/2049 - 3:45 PM
Alice p hgby; Nancy Approved 1/14/2019 ... 10:27 AM.
ATTACHMENTS:
Description
SUBJECT:
Type
Communication from the Public Works Depaitinent on the notice of the
conclusion of employment for Donna Balk, Administrative Secretary,
effective December 31, 2018 with recommendation of approval of payout of
$12,897.43 for unused benefits.
Submitted by: Submitted By:
Page 191 of 195
CITY OF WATERLOO, IOWA
To: City Council Members
Re: Notice of Severance
CITY HALL
Department Public Works
715 MULBERRY STREET 50703
Today's Date: 12/28/2018
Effective Date: 12/31/2018
Employment Date: 4/25/1975
Job Title/Classification Administrative Secretary
This is to report that the employment of
Donna Balk
with the City of Waterloo has been severed by reason of:
E Retired
Disability Related El No EI Yes
D Resigned
▪ Termination
El Other
In accordance with City Policy, it is requested to allow payment which consists of the following:
Benefits
Total Hours
(x) Hourly Rate
Total Payout
Vacation -Accrued
Vacation -Current
240
$ 25.21
$6,050.40
Usable Sick Leave
-7.5
$ 25.21
($18908)
Frozen Sick Leave
393.5
25.21
60%
$ 5,952.08
Casual Hours
35
2521
882.35
Comp Time Pay
Unscheduled Leave
Birthday
8
25.21
201.68
Comments: * Overused current .sick by 7.5 hours
$ 12,897.43
Approved by
Human Resourc(as
Routing:
Original to Human Resources by Department
Human Resources will forward original to City Clerk
Clerk's Office will forward copy of approved form to
/9
Council Agenda Date:
(Copy in Personnel File)
Department and Human Resources
0 Accruals DStatus D-9
Date
Date
-1c1
Updated 6/28/11
Page 192 of 195
CITY OF WATERLOO
Council Communication
Community Development Board Meeting Minutes December 2018
City Council Meeting: 1/22/2019
Prepared: 1/16/2019
REVIEWERS:
Department
Community 1 evepa.ap r eru.t .➢ones,
1'0 rT' Office
Reviewer
y
e Anrtnr
Action Date
Appra.wed 1/16/20 p ... 11:0"I.AM
Approved. 1/16/2019 ... 1139 A.M
ATTACHMENTS:
Description Type
D December- 20 1 i14. (.`oven Menu)
SUBJECT:
Submitted by:
Recommended Action:
Community Development Board Meeting Minutes December 2018
Submitted By:Rudy D. Jones, Community Development Director
approval
Page 193 of 195
MINUTES
COMMUNITY DEVELOPMENT BOARD MEETING
December 18, 2018
The regular meeting of the Community Development Board was held in the council chambers at City Hall at 715
Mulberry Street, Waterloo, Iowa at 4:00 p.m. on Tuesday, December 18, 2018.
Members present: Donald Share, John Chiles, Maxine Tisdale, Precious Clark -Muhammad and Angela Weekley
Members absent: Lisa Munoz
Also present: Rudy D. Jones, Community Development Director; Angie Fordyce, Community Development
Coordinator; Anita Merfeld, Administrative Secretary; Maggie Howard-Heretakis, Project Specialist; Felicia Smith -
Nails, Neighborhood Services Coordinator; Tajah Wright, Housing Coordinator for Housing Authority and Mike
Anthony
A. APPROVAL OF THE AGENDA
Chairperson John Chiles asked for a motion to approve the agenda.
It was moved by Weekley, and seconded by Tisdale to approve the Agenda. Motion carried.
B. APPROVAL OF THE MINUTES FOR THE REGULAR MEETING AND MINUTES FOR THE PUBLIC
HEARING ON NOVEMBER 13, 2018.
Chairperson Chiles requested additions or corrections to the minutes for the regular meeting and public hearing on
November 13, 2018.
There were none.
It was moved by Tisdale, and seconded by Clark -Muhammad to approve the minutes of the regular meeting
on November 13, 2018 as presented. Motion carried.
C. OLD BUSINESS
1. Lead Grant Updates -Benchmarks
The staff is on track to meet benchmarks for our 4th quarter. Rental units can be up to 4 units, which should help with
meeting benchmarks for the next quarter. Training has been scheduled for February for contractors and new workers.
Fordyce emphasized referring potential clients to our office so we could meet benchmarks.
D. NEW BUSINESS
1. Endorse Rehabilitation Contracts for November 2018.
It was moved by Tisdale and seconded by Share to endorse the rehabilitation contracts for November 2018.
Motion carried.
2. Home Buyer Education Classes-Tajah Wright shared information about the Homebuyer Education Classes that
she teaches to first time homebuyers. She also discussed the Money Smarts class that she will holding in the spring of
2019.
3. Neighborhood Services Update- Felicia Smith-Nalls provided a report that highlighted the events that she
planned and implemented in 2018. She also shared some ideas on what she wants to focus on for the upcoming year.
4. Consolidated Plan Update- Maggie Howard-Heretakis updated the board on the citizen input aspect of the 5 -
Year Consolidated Annual Plan. There are several steps to completing the plan before it needs to be submitted to
HUD in May.
5. 2018 HUD Monitoring Visit Update- Angie Fordyce provided the update on the monitoring visits that were done
in June 5-8. HUD chose TBRA, YWCA swimming pool project, Operation Threshold weatherization and handicap
ramps to monitor; we had 6 findings, 1 concern and 2 observations (good). 4 of the 6 were with TBRA. After the
monitoring visit we had 30 days to respond with our corrective actions. Our actions were to create a summary for
each activity to determine eligibility, re -categorize the YWCA pool to make it eligible and we had to re -write the
entire TBRA program.
6. Set date of l't Subcommittee recommendation meeting for January 8, 2019 at 9:00 a.m.
7. Set date of lst Public Hearing for January 15, 2019 @ 5:00 pm for the FY20 Funding Requests
Page 194 of 195
Minutes
December 18, 2018
Page 2
E. DISCUSSION ITEMS
I. A Blast from the Past: The Practical Side of Communication
ADJOURN MEETING
With no further business it was moved by Share, and seconded by Tisdale to adjourn the meeting.
Motion carried. The Chair declared the meeting adjourned.
Res ectfull subm
, i
ittted; le
Maxi e Tisdale
Board Secretary
Page 195 of 195