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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 M-2 C1l R-3, R P ° %;,;% 11111 M-2, P. 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I n!I'111m 1Y ..Illl,r. ,!ijuiijp ;1111 1 ,1,111111111111111,1111 11,1111111IIIII111,11, 1111111111111111111111111111 1111111111111111111111111111111111111111111111111111111„1111111,1 11111111111 1111 II110?, 111111111 ,IIII, 11E 111 11111111111' 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 0 PtC44: hoapilof port M *dept. pao twprolo Mpartiod. T00,0,0 Nps , SacMons W0,110,0 Pau 00 0, rifieft .ot0Via Tommhdp, —011 0,001 rantomd_dirrt 1,111%14,9 IVAddb11, Im mom 6s11 Rol Zoning /8141RICI,A4R... rod IMEMIPM 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 roadna61,0 EU a 0:vorh 274 N Mgo croMed with AnNAS Capyriighi p 1912,2,3o1 Eism1 300 wini= 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 0 00 (0,0 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 1,1411 4 �1 l '� //////hill// /§//lb i 11 JIIIII111111111111111111111111111111111111111111111111111111111111111111111111111Viip., �������r ��'l�I���II�����I�IJIi�i�iiilllllllllllllllllllllllllllllllllll 01611fJ1iiiuum jljl 111 1111�1,111i,))� lp.161;1( \\% %%cm 1111111111111111111,....... 1111111 J� mII um�m II t l l� l d �Ilunuu,1,11. Looking northwest from Independence 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 1111111111111111 Looking east from the Pinecrest Building Parking lot. 1'�,1� WI Iillnll YI ��ytlPY����lnlvill 1'i 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 11111111 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. 3 Page 94 of 195 Guidelines Revision — Updates 12/18/12 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 4 Page 95 of 195 Guidelines Revision — Updates 12/18/12 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 5 Page 96 of 195 Guidelines Revision — Updates 12/18/12 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 6 Page 97 of 195 Guidelines Revision — Updates 12/18/12 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: 7 Page 98 of 195 Guidelines Revision — Updates 12/18/12 • 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. 8 Page 99 of 195 Guidelines Revision — Updates 12/18/12 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. 9 Page 100 of 195 Guidelines Revision — Updates 12/18/12 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. 10 Page 101 of 195 Guidelines Revision — Updates 12/18/12 • 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. 11 Page 102 of 195 Guidelines Revision — Updates 12/18/12 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 12 Page 103 of 195 Guidelines Revision — Updates 12/18/12 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: 13 Page 104 of 195 Guidelines Revision — Updates 12/18/12 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 14 Page 105 of 195 Guidelines Revision — Updates 12/18/12 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. 15 Page 106 of 195 Guidelines Revision — Updates 12/18/12 • 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 16 Page 107 of 195 Guidelines Revision — Updates 12/18/12 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. 17 Page 108 of 195 Guidelines Revision — Updates 12/18/12 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. 18 Page 109 of 195 Guidelines Revision — Updates 12/18/12 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 19 Page 110 of 195 Guidelines Revision — Updates 12/18/12 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 20 Page 111 of 195 Guidelines Revision — Updates 12/18/12 • 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 21 Page 112 of 195 Guidelines Revision — Updates 12/18/12 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 22 Page 113 of 195 Guidelines Revision — Updates 12/18/12 • 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 23 Page 114 of 195 Guidelines Revision — Updates 12/18/12 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 24 Page 115 of 195 Guidelines Revision — Updates 12/18/12 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 25 Page 116 of 195 Guidelines Revision — Updates 12/18/12 • 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 26 Page 117 of 195 Guidelines Revision — Updates 12/18/12 • 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 27 Page 118 of 195 Guidelines Revision — Updates 12/18/12 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 28 Page 119 of 195 Guidelines Revision — Updates 12/18/12 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 29 Page 120 of 195 Guidelines Revision — Updates 12/18/12 • 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 30 Page 121 of 195 Guidelines Revision — Updates 12/18/12 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 31 Page 122 of 195 Guidelines Revision — Updates 12/18/12 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 M ,'11F'I' 11' 111 .`l��l X111:] 1 11111111 111111111 I rI I ISI 1111 111 I 1.1,/111 � 11 C-1 C-1 1 R-3.11 117 R! 3;CIZ CI Zmi ll�� Illli l l-2 411 111 IR 22-CLZ III HI R-2 rr .,2/11111 1.11. R-3il R-4 � j1 .1111111 �1 1 SPI 1111H 1 111111 1 1 11R-2',C-Z11I111111111111I1111 1 l 11111111 111111 II1I111111111111111111.1 full f lull IIIIIII Ill 11111:1III full 111 1. III I II I I I II 1I11I111IIIII1.1111 11 11 11fI I111II1111III111I II111111111111111111 1' IIII1111111 11: 111111111111111 V 1 11 1111" 1 I 111 1 111 111111111111111 1111 IIIIIIIIIIllaf11111 :I 1111 1 1 1. 111111111 :I I I 1111 :111111 I IIII 1 1 1 1 1 11R-2 C- 1 :I 11 1111111111 11 :1111 :I II 111111111111111 I.l 111111:11111111111 ,11; I I I I I r,11; I S I I'L f I I. II II VIIII.I111111I.f 1 III....,, I I I I I I11I 1111 H1I I 1 Vacate Bluff Street Between West 13th and 14th Streets City of Waterloo Page 161 of 195 City of Waterloo City Council December 17, 2018 uuuu �i, iii u! uNor 'IgrilluNlll��Yl�l�l'lillll'hh"Y "� mlllllllllllll�lli flll�l ly m,'il q1M m ���w"lUm�;,�u'I'ii 1"1111.111.11,111111111111111111111111!oh,„ ��������njtliiiiiiiiiiitlllu 1111111111111111111111111111111111111111 IlllliiiIuuum "PP1V� s� itilllL l!' X15 YMMMMMMMOMMMMMMM''',Y1' XXXXXXXXXXIVE NII 1111111111111111111111111100my ,„ "11111IIINIV VIII1 fq„ wY h mm ��YiYpIJe. lllllllo "' 11 01 N�um�IPllllll, ami 111114mu',\, uuur ylillllll'I IIIIIIIIIIIII"^k „ udlllllllllllllllll' JJ Illi) 1a'iilulllllllllllllllll II� 111111 III II i4idYi1111111111111111111111111,0 lql ,BIIIIIIIIIIIIIIIIIIIIIII °q' � ��I a lI n�oi ;!14449ullllii1111111111:),°: ����IIIIIIIlu1 V l�el PfVmiugllll��ml'li'" 11111111. 1dh11 :11 Vacate Bluff Street Between West 13th and 14th Streets City of Waterloo Page 1162 of 195 City of Waterloo City Council December 17, 2018 `IIIII> 11,IIh 0000 XI, ii 1m 1 "! P"11111',M00 M011MIJ 1'II W 11I�II ,, M1 Illgai """1""""""""""""� 011111 I IIIIIIIII , "hPIIP `ST ', ,. ILII u�1;11uu11 I m 0000000 Iw"mMuii; 0000 1001IIw II(vl�)iNIp11I1iXXX !Illm Wllui „1111111111 1'''' IeV "Ww um.' 0111111111111111111111111111111111111111111111 11101 m„ 1111111111111111111111000100 � '(0010000000111,1011111111010010001000000 N�IIII 1x1;'01) dr1 � pi 'Il�llhl (l°I°1�I10 ill 11, � "1l)iillld 111111 111 111°91i1� Jluululh �, uq,u � ,.>,ii�111111111111 �..6 u;�d„I III I�IIIIIIIIIIIIIIIIIIIIIIIIIIII X111111111!Ii0NJIm0 uuuuuun 111 00000110111101111110000 1I111111�Il1' 1 p11111ii11111111111111 Ru1�1111 III„,.,,,...,' 1� m1111 a� is Im°V Iri lMIMMuu0000 i llm I "'ll 11''iiiill0, 111111111 1mj1;I 1^°wluuuiiiium IIIIIIIIIIIIIIIIIIIIIIII 11111u1111111111111111111111II"1111 111'111111111111M)111111111 1104 uuuuuulMM(1IIIIIII� 4°'IIM tluu11111iiil+p��Rl II II �!11ii1l'00q 1,111111111111111111111111111111111111111111111111111111 1I III0I I IIIIIQ,V,I,IIu p11iVV11"11"'tlIIh11111YII 11µ;0)i„, Vacate Bluff Street Between West 13th and 14th Streets City of Waterloo Page 163 of 195 Vacate Request — 1500 Block of Bluff Street m r I Nh �P ."uIN Nm t r:��I id 'r ISI PIIIIIWryY ILN''IIW1IIi 1111 1111111111111111111111111111111111 youpooloolohoolooloilovolloulovIvou it Looking northwest along Bluff Street at the area in question. ,,,,,Illgllllllllo;;- ;;; Looking southeast along Bluff Street at the area in question. 111111111l11111111111111111111111111111 IIIIIIII11tt!)' Ilflll! Iff IS r,ul 111111111 � � dVI1V��'�'i!IH14Jli luv 11,4illii' uI1P Imu�ri�l� °y�tiV IPI„ y ?, I ro III ��Qip I� I I uN I. ..w �I14!UN'vl� f1,luiy �V�IIIIU 1,11111.1111""' 1,!,1111•111111,11),: Iwi Y �w Looking northeast at West 14th Street at its intersection with Bluff Street. Looking northeast at West 13th Street at its intersection with Bluff Street. 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 _ M 2,P gE-rs AIRPORT BLVD MIDPORT BLVD AA1® J�XI UTTERNUTLN AZELWOOD LN v> Z' A-1 West of 3070 Airline Highway Vacate City of Waterloo Page 173 of 195 City of Waterloo Planning, Programming and Zoning Commission December 4, 2018 Iu1hVxn'r IIII �^'Wh' p 0 p,[m1111y,0 M PI ll "� I'ji�11111,1,1 III o 1111111111 'IMIIWI,9,d li 11111111111111111111111111111 111111'1 'q II IV �'u 4TIIII' [IIII'I IIIIIlo III II� II 1111111111111111111111111111111111111111 I ,[1,[1,1,[1,1,[1,[111 .“:„:„[[[[[:[[[[[[[[[[[[[[11,[„,[1,11,01,,,,,[11,1,4v,[1111 �[il'I WOO ,YJam4[1d,[ml i1111u11no' " tl� 11111111000000„„d11111[1[1,[1,[1[1,:::11 m[[m„uuulllly„' q'bIYMii11111111101111111111111101111,11,00I IINiiii11.111ul ‘11)1 6�I, f'u! �IIN§j;ll!Vipal,Il MnItlI'IlnrlI,';II'�' 1111111111 1111°u!°iu1^uuu ii' 1.1111 1111111111111111 .IIr1.....wr� III 'mP!!!!!I II�II,1 1111 �IwIIIIVuuuuuuuuuuuwW!!IIIIIIIIIIII!IIIII!I!I!luuuu!!I !!!!!I 111111!!!!!!!!!!!!!!!!!!!1 11111111:“ , EIIIIIIIIIJII11IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII oo' oum IaIIVI1111 1111111111111111111111111111 "1" "' 1"""I ''YViNii111,„„uVu V'19IY'ww Qu 1![[[[[[[ edhra endm i pl"°u „; Niiiiiil i ',uu'p I'u0.. ;vIN' d1iwIVIuIY Gmu'^ iyllM,1'°,umimiu lo^fimd d !y. �mw0.uwm�dv.d..d,'wa'YYIYIIeVLdlkRIdAJdi6CS.dd061Ydm°dIIVIIVIM1 f1[11' uuu'[Iid41V.IV[yN61,YI:[1,[1uuud[d 11'1[[[ 1,1[[„[[,[,[,[„11,,[jjjj1 11111111 11111111111 IIII 01 1111111111111 s. �'I[[[[[[[[[[[[[[[[[[111[1411111""""" � Iµ„µllll�"�III,�III11111 InI[uuu IVIY' d'"fw�l I'ii�l'I�I 10NV� I, p 1111111111111111111� .IIIIIIII IIIIIIIIiq�' � nl�pleN,6' I}"' vlliis+ 1,11111111101110111111111111111111111 "' um8d°I'IIII'Ilrlrl" 000000000000000011000000, RI 111°illlw Ilm uuu ,IIII„ IIIIIIIIIIII [InIII Nuuu Www' Iiiiuniiiiiiiii 11111iihliiiiiiiiii111111imiiihw 1,1111111111111111111111111111111111111 ",IIuoIV`IIIo VIII �,;. IIIIIII,;�I'II P°' ”„�!I1u1 1111 I1111 NliliN��IB IIIMIiI°ooIIl401111111Ill1l11111111III IIIIIIIIIIIIII u 11111111111111 111111 wI ” I IIIIII VVI IIIIIV11111111 UI 1111111111111 111polu ullll IIII11111111 11,111111111111111111111111111111111 661IIIIIIIIIII111111111"Ir II[,[[1,[111[I;u�Vl[1lll, lur ooilulo VVV I[111111111[1[1111[111111' I IIII IIIIIIIIIIII uuu BIII ul l� 1.077 11111111111111111111 P 1[1111116 "1., 11IIIIIIIIIIIIIIIIIIIII I :::[11ll19IIIIIp 4liiil lll�lllIl l l iOloil �III0000t 111 111'iiilll�lll 11I I11IIIIIIIIIIIIIIIIII IIIIIII111111I11111i III II 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