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HomeMy WebLinkAboutCouncil Packet-07/23/2012 THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, REGULAR SESSION TO BE HELD AT THE CITY HALL COUNCIL CHAMBERS, 5:30 P.M. MONDAY, JULY 23, 2012 CITY OF WATERLOO GOALS 1. Support economic development efforts that attract, retain and create quality jobs resulting in a diverse economic base and increased population. 2. Continue to support implementation of the Downtown Master Plan. 3. Facilitate and promote the development of housing options to meet the needs of current and future Waterloo citizens. 4. Develop a customer-centered service delivery approach. 5. Seek additional opportunities to share services and resources with other government entities. 6. Collaborate with statewide elected officials to reduce the burden on local property taxes. 7. Address the changing public workforce needs in Waterloo. 8. Enhance and protect a diverse,family-oriented community where neighborhoods are safe and well maintained. 9. Enhance the quality of place opportunities for the citizens of our community. General Rules for Public Participation 1. 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. A speaker may speak to one (1) issue per meeting for a maximum of three (3) minutes. Official action cannot be taken by the Council at that time, but may be placed on a future agenda or referred to the appropriate department. 2. 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. 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. You may speak one(1)time per item for a maximum of three(3)minutes. 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 5:00 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. Roll Call. Moment of Silence. Pledge of Allegiance: Bob Greenwood, Council Member At Large. July 23, 2012 Page 2 Agenda, as proposed or amended. Minutes of July 16, 2012, Regular Session, as proposed. 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, Schedule AP642, a copy of which is on file in the office of the City Clerk. 2. Request of Tiffani/Thomas Nelson for a variance to the Noise Ordinance on October 1, 2012 from 8:00 a.m. to 8:00 p.m. in conjunction with Not Looking Back Going Forward event to be held at Lincoln Park including a band and the use of a PA system, together with recommendation of approval of Director of Safety Services. 3. Request of Noel Anderson for a variance to the Noise Ordinance on August 4, 2012 from 7:00 p.m. to 12:00 a.m. in conjunction with Anderpalooza H event to be held at 209 Alice Avenue including a band and the use of a PA system, together with recommendation of approval of Director of Safety Services. 4. Request of Nancy Welter for a concrete driveway to be located at 938 Campbell Avenue, together with recommendation of approval of City Engineer. Submitted by Eric Thorson, P.E., City Engineer 5. Request of Ethen Jennings for tax exemptions on improvements totaling $40,000.00 for property located at 419 W. Louise Street and located in the Consolidated Urban Revitalization Area (CURA). Submitted by Chris Western, Planner// July 23, 2012 Page 3 b. Motion to approve the following: Travel Requests Name & Title of Amount not Personnel Class/Meeting Destination Date(s) to Exceed 1. David Boesen, Property Room Minneapolis, September $838.00 Property Evidence Management Minnesota 25-27, Coordinator 2012 2. Paul Huting, Leisure National Anaheim, October $1,895.20 Services Director Recreation and California 14-21, Park 2012 Association Congress and Exposition 3. Carol Failor, Deputy Iowa Municipal Ames, Iowa July 24, $144.00 City Clerk Professionals 2012 Institute 4. Recommendation of appointment of Brent Bohlen to the position of Financial Analyst, effective July 30, 2012. Submitted by Michelle Weidner, Chief Financial Officer Outdoor Service Area Application 5. Narey's 19th Hole, 2073 Logan Avenue 6. Iowa Irish Fest, Lincoln Park (5 days: 8/2/2012 to 8/7/2012) Class C Liquor License Permit Application 7. Iowa Irish Fest, Lincoln Park (New) (5 days: 8/2/2012 to 8/7/2012) (Includes Sunday Sales) 8. Barney's, 501 W. 4th Street (Renewal) (Expires 5/13/2013) 9. Bond July 23, 2012 Page 4 PUBLIC HEARINGS 2. F.Y. 2012 Geraldine Road Extension, Contract No. 821 Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING—No objections on file. Motion to close the hearing and receive and file oral and written comments. Resolution confirming approval of plans, specifications, form of contract, etc. Resolution ordering construction. Motion to receive and file and instruct City Clerk to open and read bids and refer to City Engineer for review. Submitted by Jeff Bales, Associate Engineer 3. F.Y. 2012 Lincoln Elementary School Safe Routes To School Project, Contract No. 805 Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING—No objections on file. Motion to close the hearing and receive and file oral and written comments. Resolution confirming approval of plans, specifications, form of contract, etc. Resolution ordering construction. (Project let by IDOT on July 17, 2012) Submitted by W Wayne Castle, PLS, El, Associate Engineer 4. Amendment to the City of Waterloo Zoning Ordinance No. 5079 to update the regulations pertaining to alcohol sales related businesses Reopen Hearing—No objections on file. Motion to close hearing and receive and file oral and written comments. Motion to receive, file, consider and pass for the first time an Ordinance amending City of Waterloo Zoning Ordinance No. 5079 to update the regulations pertaining to alcohol sales related businesses. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt ordinance. Submitted by Aric Schroeder, City Planner July 23, 2012 Page 5 5. Amendment to Code of Ordinances, Section 6 of Chapter 2, Liquor Control, of Title 3, Licenses and Business Re.ulations b addin. a new paragraph F to update the regulations on drive-up windows Motion to receive, file, consider and pass for the first time an Ordinance amending Code of Ordinances, Section 6 of Chapter 2, Liquor Control, of Title 3, Licenses and Business Regulations, by adding a new paragraph F to update the regulations on drive-up windows. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt ordinance. Submitted by Aric Schroeder, City Planner RESOLUTIONS 6. Resolution extending moratorium for a period of 90 days for new alcohol- related drinking and retail establishments (including new licenses and transfers) in the proposed Broadway Avenue Overlay District, Logan Avenue Overlay District, E. 4th Street Overlay District, and Church Row Neighborhood Overlay District. Submitted by Noel Anderson, Community Planning& Development Director 7. Resolution approving award of contract to Shawver Well Company, Inc. of Fredericksburg, Iowa in the amount of$66,384.60 for the 2012 Riverfront Sports Park Water Well Project. Submitted by Rick Curran, Leisure Services Facilities Manager 8. Resolution final acceptance and release of final payment for work performed by B & B Builders & Supply of Waterloo, Iowa at a total cost of $51,956.00 in conjunction with 2012 Sullivan Park Shelter Project; and authorize Mayor to execute said documents. Submitted by Rick Curran, Leisure Services Facilities Manager 9. Resolution approving Iowa Department of Transportation Pavement Maintenance Grant in the amount of $10,000.00 for pavement maintenance at Waterloo Regional Airport; and authorize Mayor and City Clerk to execute said documents. Submitted by Bradley Hagen, Airport Director 10. Resolution approving Iowa Department of Transportation Commercial Service Vertical Infrastructure Program (CSVI) grant agreement in the amount of $103,234.00 for rehabilitation of hangars for Waterloo Regional Airport; and authorize Mayor and City Clerk to execute said documents. Submitted by Bradley Hagen, Airport Director July 23, 2012 Page 6 11. Resolution approving recommendation of award of bid to Bituminous Materials & Supply L.P. of Des Moines, Iowa for the FY2013 Seal Coat Program Emulsions in the following amounts: HFMS-2S at $2.08 per 5,000 gallons; CRS-2P at $2.43 per 50,000 gallons; CSS-1 at $0.98 per 15,000 gallons; HFE-300 at $2.08 per 5,000 gallons. Submitted by Mark Rice, Public Works Director 12. Resolution approving variance to the requirements of the Subdivision Ordinance in Section 2.2(2) Preliminary Plat Approval and Section 2.3(1) Final Plat Submittal for Greenbelt Centre Plat No. 5. Submitted by Aric Schroeder, City Planner 13. Resolution approving Preliminary and Final Plat of Greenbelt Centre Plat No. 5 along with the staff report, aerial photo, preliminary and final plats, deed of dedication, certificate of survey, petition and waiver, contract and report of the City Engineer. Submitted by Aric Schroeder, City Planner 14. Resolution waiving exercise of right of first refusal to purchase real property at 902 Logan Avenue, also known as the Dunsmore House, from Kaleen J. Hanson, and affirming continued effectiveness of restrictive covenants and right of first refusal set forth in a deed to Kaleen J. Hanson filed September 8, 2003 as Document No. 2004-08486. Submitted by Noel Anderson, Community Planning& Development Director 15. Resolution approving Equipment Usage Agreement with Black Hawk County Soil and Water Conservation District for use of water sampling equipment when watershed assessments are being performed. Submitted by W Wayne Castle, PLS, El Associate Engineer 16. Resolution approving award of contract and approving Contract, Bonds, and Certificate of Insurance to K Cunningham Construction Co., Inc. of Cedar Falls, Iowa in the amount of $405,145.60 for the F.Y. 2012 Byrnes Park Drainage Improvements, Phases I & II, Contract No. 822; and authorize Mayor and City Clerk to execute said documents. Submitted by W Wayne Castle, PLS, El Associate Engineer 17. Resolution approving Notice of Intent for NPDES Coverage Under General Permit to the Iowa Department of Natural Resources in conjunction with F.Y. 2012 Byrnes Park Drainage Improvements, Phases I & H, Contract No. 822; and authorize Mayor to execute said document. Submitted by W. Wayne Castle, PLS, El Associate Engineer July 23, 2012 Page 7 18. Resolution approving agreement with Iowa Health System to utilize public right-of-way for the installation, operation and maintenance of a fiber optic network; and authorize Mayor to execute said document. Submitted by Eric Thorson, P.E., City Engineer 19. Resolution setting date of hearing as August 6, 2012 to approve a request to vacate, sell and convey to Terry Roeder of 1200 Baltimore Street, Debbie Lane of 1204 Baltimore Street, Michael and Sandra Ortman of 1208 Baltimore Street and Leonard Rumpza of 1218 Baltimore Street the section of alley behind their homes for $50.00 each, while the City of Waterloo would retain the alley behind 1228 Baltimore Street for future development; and instruct City Clerk to publish notice. Submitted by Aric Schroeder, City Planner 20. Resolution approving an Extension of the Animal Control Contract through August 6, 2012 with the Cedar Bend Humane Society. Submitted by Sandie Greco, Superintendent of Traffic Operations OTHER COUNCIL BUSINESS 21. F.Y. 2013 Sidewalk Repair Assessment Program - Zone 2, Contract No. 826 Resolution preliminary approving construction of sidewalk improvements. Resolution to fix value of lots. Resolution to adopt preliminary plat and schedule of assessments and estimate of costs. Resolution of Necessity (Proposed) to set date of hearing as August 6, 2012. Submitted by W Wayne Castle, PLS, El, Associate Engineer 22. F.Y. 2013 Sidewalk Repair Assessment Program - Zone 2, Contract No. 826 Motion to instruct City Engineer to prepare plans, specifications,form of contract, etc. Motion to receive and file plans, specifications, form of contract, etc. Resolution preliminarily approving plans, specifications, form of contract, etc. Resolution instructing City Clerk to publish notice of plans, specifications, form of contract, etc. and taking of bids. Set date of hearing as August 6, 2012. Submitted by W Wayne Castle, PLS, El, Associate Engineer July 23, 2012 Page 8 23. F.Y. 2012 Lou Henri! Hoover Memorial Sculpture Garden, Contract No. 803 Resolution instructing City Clerk to publish notice of plans, specifications,form of contract, etc. and taking of bids. Set date of hearing as August 6, 2012. Submitted by Jeff Bales, Associate Engineer ORAL PRESENTATIONS Motion to receive and file oral comments. ADJOURNMENT Motion to adjourn. Suzy Schares City Clerk • MEETINGS Monday, July 23, 2012 4:30 p.m. - Council Work Session, Council Chambers 5:00 p.m. - Finance Committee, Council Chambers PUBLIC INFORMATION 1. Communication from Mayor on the termination of James Quint, Manager of Information Services, effective July 19, 2012, together with recommendation of approval of payout of$10,741.60 for unused benefits. 2. Waterloo Housing Authority meeting minutes of May 17, 2012 on file in the City Clerk's office. 3. Waterloo Regional Airport Board meeting minutes of May 22, 2012 on file in the City Clerk's office. 4. Community Development Board meeting minutes of May 15, 2012 and June 19, 2012 on file in the City Clerk's office. 5. Civil Service Commission meeting minutes of June 1, 2012 on file in the City Clerk's office. July 23, 2012 Page 9 CONTRACT PAYMENT SCHEDULE 1. F.Y. 2012 West Shaulis Road/Ansborough Avenue, Contract No. 784 Pay estimate No. 2 to Kirkham Michael &Associates in the total amount due of $40,597.16 2. F.Y. 2012 West Shaulis Road/Ansborough Avenue, Contract No. 784 Pay estimate No. 6 to Croell & Subsidiaries, Inc. in the total amount due of $331,090.70 3. F.Y. 2011 Street Reconstruction, Contract No. 798 Pay estimate No. 22 to Aspro in the total amount due of$22,017.49 4. F.Y. 2012 Asphalt Overlau Program, Contract No. 818 Pay estimate No. 5 to Aspro in the total amount due of$47,003.14 5. F.Y. 2012 Street Reconstruction Program, Contract No. 819 Pay estimate No. 4 to Aspro in the total amount due of$417,285.63 6. F.Y. 2012 Sidewalk Repair Program-Zone 2, Contract No. 824 Pay estimate No. 1 to B & B Builders in the total amount due of$8,975.05 7. EDA Commercial Lift Station Payment to INRCOG in the total amount due of$354.29 ct t •to. + 0 0 o tg A: o "' o 1 Z N oet c et N © -9 cli c-1 0 0 1 tC — E. 5' 1 - N 2 0 7, o O oicAa coo 0 0- "I"— o o 0 Z : z n 0 0) C. n et z - r* el: ft b cr - XI 00 co 01 w N � �' b, -� 01 CO N -P 000 CD ONo 01 SCO CO CO N Co O 0) Co CO O APPLICATION FOR VARIANCE TO NOISE ORDINANCE APPLICANT'S NAME; I ho,moss i7ekon APPLICANT'S ADDRESS: d.,03. Sumner 5-1- APPLICANT'S +APPLICANT'S PHONE#: 5 07- '-158- Lt o)3 ANTICIPA I ED DATE OF VARIANCE: )D ) I NAME OF EVENT: gyp} \O o j<;n 3 Bc\c Itrr< y Par ( • TIMES OF DAY OF VARIANCE: g :60 arse f g;D) p,,, GEOGRAPHICAL LOCATION OF VARIANCE: �,;n c oln Pyr k DISTANCE OF ACTIVITY FROM RESIDENTIAL PROPERTIES: 3 i7 r 6i 6%G s ci ren k, PLEASE EXPLAIN THE EVENT REQUIRING THE VARIANCE AND BE SPECIFIC, INCLUDE GEOGRAPHICAL LOCATION, AND WHAT ACTUALLY WILL EXCEED THE NOISE ORDINANCE,SUCH AS A BAND PLAYING,PA SYSTEM,ETC, 1. 'ee, ,Sheef Thc',n5 bckn My name is Tiffani Lynn Nelson. I am a transgendered person,male to female. I am seeking - s-)onsorship for an event I want to hold on October 1,2012 at Lincoln Park in Waterloo. This event will include donated food,entertainment,and a raffle drawing. With this event,I am hoping to earn enough money to complete the transition and undergo gender reassignment surgery. After the surgery is paid 2 for,I intend to donate any remainder of the proceeds to the AIDS Foundation. The total of my surgery will cost approximately$15,000. I will undergo surgery in Florida with Dr.Reed,on a date yet to be determined. I am unable to schedule the surgery until I have at least half of the money as a down payment. Thank you for considering my request for assistance. Here is my contact information: Tiffani Lynn Nelson 203 Sumner Street Waterloo,Iowa 50703 ( Applicant's Signature Sincerely, Date CITY COUNCIL ACTION: Police Dept.Recommendation APPROVAL: APPROVAL: DENIAL: � DENIAL: DECIBEL LEVEL: 111111{` PAYMENT DATE City of Waterloo BATCH NO. '07/30/2012 715 Mulberry St 2013-01000140 COLLECTION STATION Waterloo, IA 50703 RECEIPT NO, COUNTER 1 (319) 291-4323 2013-00000973 'RECEIVED FROM CASHIER '!NANCY WELTER Ella Ellis DESCRIPTION I� 938 CAMPBELL AVE. CPP‘t < {1r Il, PAYMENT CODE RECEIPT DESCRIPTION TRANSACTION AMOUNT C492 I CLERK RECORDING&PUBLICATN 3492 $7.00 938 CAMPBELL AVE. 010-03-8400 3492 RECORDING/PUBLICATION FEE$7.00 Total Cash $7.00 Total Check $0.00 Total Charge $0.00 Total Other $0.00 Total Remitted $7.00 Change $0.00 Total Received $7.00 • Total Amount: $7.00 Dri ited by: Ella Ellis Page 1 of 1 07/30/2012 04:10:43 PM CITY OF WATERLOO Council Communication City Council Meeting:July 23, 2012 Prepared:July 18, 2012 Dept. Head Signature: Eric Thorson, PE., City Engineer # of Attachments: 1 SUBJECT: REQUEST BY NANCY WELTER FOR A CONCRETE DRIVEWAY TO BE LOCATED AT 938 CAMPBELL AVENUE Submitted by: Eric Thorson, P.E., City Engineer Recommended City Council Action: I have reviewed this request and recommend its approval subject to the following provisions: 1. Work to be performed by an approved and bonded contractor. 2. A permit is to be obtained from the office of the City Engineer prior to construction. 3. All work shall be performed under the supervision of the City Engineer and at no cost to the City of Waterloo. $7.00 cash for the purpose of recording this waiver and a copy of the legal description have been provided to the City Clerk's office. Summary Statement Attached is a request from NANCY WELTER for construction of a concrete driveway and placing a driveway or sidewalk on City right of way on an unimproved street, to be located at 938 CAMPBELL AVENUE. Expenditure Required None Source of Funds None Policy Issue N/A Alternative None Background Information: This is a waiver of the City's Standard Specifications for Driveway Construction. It requires Council approval so that it can be recorded to the property, so that the waiver requirements run with the property ownership. Legal Description: WOODLAWN LOT 9 BLK 11 WAIVER Date: (. . ' j / Honorable NYayor and City Council City Hall Waterloo, IA 50703 Council Persons: I hereby request a waiver to the driveway and sidewalk specifications for the construction of a driveway or sidewalk located at (concrete o asphalt) / G,// � �� ` om/��� _� (Address) This waiver is needed because of: special surface texture(i.e., exposed aggregate, brick stamped pattern, paving brick)to be used on the concrete approach. elimination of the sidewalk section due to the inability to meet requirements of the driveway and sidewalk policy, paragraph 1. asphalt driveway with the elimination of the sidewalk section. J't placing a driveway or sidewalk on City right of way on an unimproved street. Other: I agree to the following: 1. To remove and replace this driveway to an official elevation at no additional expense to the City of Waterloo at such time that sidewalk is constructed. 2. To remove and replace the private driveway, as needed, to an official elevation at no additional expense to the City of Waterloo at such time that curb and gutter is constructed. 3. To pay for any additional expenses for the replacement of any such textured driveway or sidewalk that has been removed for any City of Waterloo project. 4. To employ a bonded contractor who shall obtain a permit from the office of the City Engineer. 5. To have the driveway constructed according to the specifications and policies of the City Engineer and under his supervision. 6. This waiver is for this property only. Attached herewith is a payment in the amount of seven dollars ($7.00) or the purpose of recording this agreement. Respectfully submitted, /1 , ' / /f%-/ 1 natu /. / 4 Printed Nalme of Property Owner Si g �� petty Owner itpi,‘ o r CITY OF WATERLOO , IOWA COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street • Waterloo,Iowa 50703-5783 • (319)291-4366 Fax(319)291-4262 etioo NOEL C.ANDERSON,Community Planning&Development Director eAltki,X Mayor July 18,2012b � BUCK � CLARK Honorable Mayor Buck Clark .� City Council Members ?42-``'3j COUNCIL City Hall MEMBERS Waterloo,Iowa 50703 DAVID Dear Mayor and Council: JONES Ward I Attached please fmd a formal CURA application for tax exemptions on improvements made to the CAROLYN property located 419 W.Louise Street Waterloo,Iowa 50703.Ethen Jennings has submitted the COLE Ward 2 application for the following improvement(s):Room addition,new windows,detached garage,siding HAROLD and interior remodel. The sum costs of these improvements are expected to reach$40,000. GETTY Wards These improvements qualify for exemptions from taxes on the actual value added to Residential QUENTIN property under the Consolidated Urban Revitalization Area Plan. The applicant has selected the HART Ward 4 (3)year partial 100%exemption schedule.The property address is identified below: RON WELPER ADDRESS Ward 5 419 Louise Street, Waterloo, Iowa 50703 BOB LEGAL DESCRIPTION GREENWOOD —See attached At-Large STEVE The Planning,Programming,and Zoning Commission staff has reviewed this application and feels SCHMITT that it does conform to the CUBA Plan.We would therefore recommend approval of this At-Large application. Sincerely, A lnl • l/U Christopher W.Western Planner II Attachment(s) cc:Noel Anderson,Community Planning&Development Director Aric Schroeder,City Planner CITY WEBSITE: wwwci.waterloa.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer \o,%a r-n;-l ZGi0„ -+� CONSOLIDATED URBAN REVITALIZATION APPLICAW 'COT �i� 1��ot/� FOR PROPERTY TAX EXEMPTION FOR IMPROVEMENTS UNDER THE a PROVISIONS.OF THE CONSOLIDATED URBAN REVITALIZATION ARX1 A ` °VIOT ADOPTED BY THE CITY COUNCIL OF THE CITY OF WATERLOO. The Consolidated Urban Revitalization Area(CURA)allows property tax exemptions on improvement4�roperty located �' within its boundaries that meet the following criteria: 7tC��J�� ♦Q " 1. At least a 10%improvement to the value of the residential property. At least a 15%improvement to the ''i371i7Vo� commercial property if a building was previously on the site. If commercial property was previously vacant,all actual value added by the improvements is eligible for tax exemption. 2. Be located within the CURA boundaries(a map of which can be obtained from the City of Waterloo Community Planning &Development Department.) 3. This application must be filed with City prior to the 18 working day of February following the year when the improvements are completed to comply with the timeline of the State Code of Iowa,Section 404.4 unnumbered paragraph 2. However,a single application may be filed upon completion of an entire project requiring more than one year to construct or complete,providing prior approval has bee granted by the City Council or County Board of Supervisors. Please fill out the following information for your application to be submitted to the City Council. rr NAME: �kai,15 SIGNATURE: ADDRESS: 1.119 WL . pJ,ce,' 54. TELEPHONE: C j l all ( 10- 5 zO DATE: —7//6, J t Z A. What is the Address of the property being improved? LJ 9 1 J. Lou,“ S-4' What is the Legal Description of the property?(May be available at County Recorder's Office on 2'd floor of the Courthouse)? y ( i ✓�1A-1-1 Il•)In0 Gcsl DG! crF J /V Sec f 7 87 ,( /3 /NA)/_ G /V Se H 7� i '1 7 S /-75--Ft i i E 2 B. Indicate/desired exemption schedule:(1 or 2) V / '5 F7L �tS N2/o`F Le 1. �/ One Hundred Percent(100%)exemption for three years on the actual value added by improvements' L l/' 2. A partial exemption on the actual value added by improvements according to the following schedule: a. First Year 80% d. Fourth Year 50% g. Seventh Year 30% b. Second Year 70% e. Fifth Year 40% h. Eighth Year 30% c. Third Year 60% f. Sixth Year 40% i. Ninth Year 20% j. Tenth Year 20% C. What was the nature of the improvement(s)? GQek&cke.qkti D. City of Waterloo Building and Inspections Department Information: 2 J Permit Number: /I, 05 3(p 6, Date permit was issued: 712/1 / Total permit(s)valuation: e E. What was the cost of the improvement? y 41 ti) OQC).o C?b F. Estimated or actual date of completion of these improvements? M y ZO/z G. If this is not a singe-family dwelling unit,which you own and reside in,will these improvements create a displacement of your tenants? Yes No CITY OF WATERLOO APPROVED DATED: RESOLUTION NO: DENIED BLACK HAWK COUNTY ASSESSOR APPROVED DATED: Tami McFarland DENIED Black Hawk County Assessor Note: The improvements to your home or business may not change the assessed value. Note: City Council approval does not guarantee tax exemptions. The application must be reviewed and approved by the Black Hawk County Assessor's Office for criteria eligibility. of 1) ca@ INDEX,. BLACK HAWK COUNTY,IOWAss FEE BOOK# 20 THE IOWA S - U4 jOIOS S/ Official Form PROOF FILED FOR RECORD,INDEXED AND DELIVERED TO THE COUNTY AUDITOR SEP 24 2003 AT 2:00 P. M, RECFEE 1-5.00/ AUDFEE 5.00/ COMPARED' ���1E COM 5:::00/ BLACK HAWK COUNTY RECORDER RANDALL & NELSON Preparer Intormatlen Larry J.Cohrt,321 East Fourth Street,P.O.Box 956,Waterloo,Iowa 50704-0956,(319)234-4600 lndividuars Name Street Address City Phone ',"rr Address Tax Statement: Ethan D.Jennings,419 W.Louise Street,Waterloo, SPACE ABOVE THIS UNE Iowa 50703 FOR RECORDER iJOC[I4,4', WARRANTY DEED For the consideration of One and no/100 Dollar(s) and other valuable consideration, Helen Louise Nardicchio,a widow,and unmarried do hereby Convey to Ethan D.Jennings,a single person, the following described real estate in Black Hawk County, Iowa: A part of the Southwest Quarter of the Northeast Quarter of Section No.14,Township No.89 North,Range No.13 West of the Fifth Principal Meridian,in the City of Waterloo,Black Hawk County,Iowa,described as follows: Beginning at the Northeast corner of the Southwest Quarter of the Northeast Quarter of said Section;thence West along the North line of the Southwest Quarter of the Northeast Quarter of said Section 264 feet;thence South 175 feet;thence C) East 264 feet;thence North 175 feet to the place of beginning,except the East 117 feet thereof. REAL ESTATE TRANSFER TAX PAID 2 /3 TAMP ° .l STATE It'd' INA A t/ PATRICIA S.SASS BLACK HAMt r RECORDER ay Entine,9129-(23 BLACK HAWK �tl�atb~p� tR0 0�3 d w._,. DATE coumTY Grantors do Hereby Covenant with grantees,and successors in interest,that grantors hold the real estate by title in fee simple; that they have good and lawful authority to sell and convey the real estate; that the real estate is Free and Clear of all Liens and Encurribrances except as may be above stated; and grantors Covenant to Warrant and Defend the real estate against the lawful claims of all persons except as may be above stated. Each of the undersigned hereby relinquishes all rights of dower, homestead and distributive share in and to the real estate. Words and phrases herein, including acknowledgment hereof, shall be construed as in the singular or plural number,and as masculine or feminine gender,according to the context. STATE OF IOWA Dated: September 23,2003 BLACK HAWK ss: COUNTY, • ; On this 23rd day of September �-� Y! pzd •��' P — 2003 , before me, the undersigned, a Nota ry Helen Louise Nardicchio (Grantor) Public in and for said State, personally appeared helen Louise Nardicchio,a widow, to me known to be the identical persons named in (Grantor) and who executed the foregoing instrument and B�C!(ygCF/LF, acknowledged t andt deed. executed the same as their vol nAS$F py UNC y (Grantor) KARI A.BLOCK Notary Public A MYOOA minel ON thoi4461s (This form of acknowledgment for individual grantor(s)only) (Grantor) ,•w• MMCH 111,2005 0 The Iona Stale Bar Association 2003 IOWADDDS• 101 WARRANTY DEED Revised January,2000 Book . Pane , File Number 2004-00010768 FINANCE DEPT. STAFF ONLY LINE ITEM USED 010-11-1100-1346 TRAVEL REQUEST FY_2013 BUDGETED �'L;000 4' CITY OF WATERLOO EXPENDED YTD 70 THIS REQUEST 8'38'4 LEFT AFTER THIS REQUEST 09 1_ DATE Mb) Original-Clerk/Finance Copy-Department NAME(S) AND POSITION(S): DATE: David Boesen July 3,2012 NAME OF CLASS/MEETING: DESTINATION: Minneapolis, Minnesota Property Room Management DEPARTURE POINT IF NOT WATERLOO: DEPARTURE DATE: Return Date: DATE(S) OF MEETING: September 25,2012 September 27,2012 Sept. 26-27,2012 PURPOSE OF TRAVEL: Lt Krogh is requesting authorization to send Property/Evidence Coordinator David Boesen to the Property Room Management Seminar at the Minneapolis Police Department on September 26-27,2012, in Minneapolis, Minnesota. This 2-day course presents skill sets designed to enhance the proficiency of Property/Evidence Room employees. This course will cover such topics as proper handling of seized property, audits, bar coding, bio-hazardous materials and auction procedures. The class will require meals &lodging. A city vehicle will be needed for travel to the training facility. WILL TRAVEL REQUIRE ADDITIONAL PERSONNEL: x COST$ YES NO METHOD OF TRAVEL: XX CITY VEHICLE PRIVATE VEHICLE AIRFARE DEPARTING FROM: ESTIMATE OF COST: BUDGET LINE ITEM: $300.00 LODGING TAXI x GRANT REIMBURSABLE $113.00 MEALS PARKING YES NO $350.00 REGISTRATION AIRFARE x REQUIRED CERTIFICATION $75.00 MILEAGE/FUEL MISC/TOLLS YES NO TOTAL FOR ALL: $ 838.00 TOTAL: $ 838.00 PER PERSON I BELIEVE THIS TRIP SERVES A PUBLIC PURPOSE I APPROVE THIS TRAVEL REQUEST AND IS NECESSARY AND BENEFICIAL TO THE CITY OF WATERLOO DEPARTMENT HEAD MAYOR — DATE DATE FINANCE DEPT. STAFF ONLY LINE ITEM USED "lid' , 7 t�/OO /346, TRAVEL REQUEST FYi%i) BUDGETED ,.,?4,41‘).00 CITY OF WATERLOO EXPENDED YTD THIS REQUEST � Y;?67 LEFT AFTER THIS REQUEST 57414-,8o DATE 2c-' i .4'% Original-Clerk/Finance Copy-Department NAME(S)AND POSITION(S): DATE: Paul Huting, Leisure Services Director October 14-21, 2012 NAME OF CLASS/MEETING: DESTINATION: Anaheim, CA National Recreation and Park Association Congress and Exposition DEPARTURE POINT IF NOT WATERLOO: DEPARTURE DATE: RETURN DATE: DATE(S)OF MEETING: 10/14/2012 10/21/2012 10/14/12— 10/19/12 (staying for weekend at own expense) PURPOSE OF TRAVEL: To attend the National Recreation and Park Association Congress and Exposition. WILL TRAVEL REQUIRE ADDITIONAL PERSONNEL: X COST$ NA YES NO METHOD OF TRAVEL: CITY VEHICLE PRIVATE VEHICLE X AIRFARE DEPARTING FROM: Waterloo ESTIMATE OF COST: BUDGET LINE ITEM: 010-4100-1346 840.00 LODGING 60.00 TAXI X GRANT REIMBURSABLE 170.00 MEALS PARKING YES NO 454.00 REGISTRATION 371.20 AIRFARE X REQUIRED CERTIFICATION MILEAGE/FUEL MISC/TOLLS YES NO TOTAL FOR ALL: $ 1,895.20 TOTAL: $ 0 PER PERSON I BELIEVE THIS TRIP SERVES A PUBLIC PURPOSE I APPROVE THIS TRAVEL REQUEST AND IS NECESSARY AND BENEFICIAL TO THE CITY OF-W. ERLOO fr /10--t/e MN.40WrT E* ► MAYOR 7://2 .r /,':, DATE / DATE K:\Shared Goodies\Forms\Travel Request Form January 2010 FINANCE DEPT. STAFF ONLY LINE ITEM USED c i/ / 4,3 g Vee /30 TRAVEL REQUEST FY,' ,;3 BUDGETED .5D6t0,90 CITY OF WATERLOO EXPENDED YTD _ THIS REQUEST fW6rd LEFT AFTER THIS REQUEST 4/56-604) DATE 7) 7,/,/V-c],- Original-Clerk/Finance / copy-Department NAME(S) AND POSITION(S): DATE: Carol Failor, Deputy City Clerk July 13, 2012 NAME OF CLASS/MEETING: DESTINATION: Ames, Iowa Iowa Municipal Professionals Institute DEPARTURE WATERLOOPINT: DEPARTURE DATE: RETURN DATE: DATE(S) OF MEETING: July 24, 2012 July 24, 2012 July 24, 2012 PURPOSE OF TRAVEL/TRAINING: To obtain updates on new laws, programs and technology affecting Iowa municipal government. WILL TRAVEL REQUIRE ADDITIONAL PERSONNEL: X COST$ YES NO METHOD OF TRAVEL: X CITY VEHICLE PRIVATE VEHICLE AIRFARE DEPARTING FROM: ESTIMATE OF COST: BUDGET LINE ITEM: ni C - C) e-ityi _ i,3'-& LODGING TAXI GRANT REIMBURSABLE $ 10.00 MEALS PARKING YES NO/- $104.00 REGISTRATION AIRFARE ✓ REQUIRED CERTIFICATION $30.00 MILEAGE/FUEL MISC/TOLLS YES NO TOTAL FOR ALL: $ 144.00 TOTAL: $ ' ' PER PERSON I BELIEVE THIS TRIP SERVES A PUBLIC PURPOSE I APPROVE THIS TRAVEL REQUEST AND IS NECESSARY AND BENEFICIAL TO THE CITY OF WATERLOO '--- (A-' ------ — -:()--" ,---<-7 ) ZAt" RTMEIi 4. MAYOR 5 - ; i I3 ayZ DATE DATE K:\Shared Goodies\Forms\Travel Request Form January 2010 fl j;� CITY OF WATERLOO , IOWA 04/igj CITY CLERK AND FINANCE DEPARTMENT T715 MulberryStreet Waterloo, IA 50703 • (319)291-4323 Fax(319)291 4571 c) SUZY SCHARES • City Clerk MICHELLE WEIDNER,CPA • Chief Financial Officer Mayor BUCK CLARK COUNCIL MEMBERS July 18, 2012 Mayor Clark DAVID City Council JONES Ward I CAROLYN RE: Financial Analyst Appointment COLE Ward 2 HAROLD I am pleased to request that Brent Bohlen be appointed to the position of Financial GETTY Analyst effective July 30, 2012. Ward 3 QUENTIN M. If you have any questions, please contact me. HART Ward 4 Sincerely, , RON , WEEPER �C�I.cLE'� Ct]LC r� I Ward 5 Michelle C. Weidner, CPA BOB Chief Financial Officer GREENWOOD At-Large City of Waterloo 715 Mulberry Street STEVE Waterloo, IA 50703 SCHMITT michelle.weidner(a,waterloo-ia.org At-Large CITY WEBSITE: www.cityofwaterlooiowa.com WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer CITY OF WATERLOO 16til 12- Council Communication City Council Meeting: July 9th, 2012 Prepared:July 3rd, 2012 Dept. Head Signature: Eric Thorson, PE., City Engineer # of Attachments: 1 SUBJECT: F.Y. 2012 GERALDINE ROAD EXTENSION RM-8155(727)-9D-07 City Contract No. 821 Plans and Specifications Submitted by: Jeff Bales,Associate Engineer Recommended City Council Action: It is recommended that Council approve these documents, set July 23rd, 2012, as the date for the public hearing and bid opening and instruct the City Clerk to publish notice of public hearing and notice to bidders. Summary Statement: Transmitted herewith are the Plans and Specifications for the F.Y. 2012 GERALDINE ROAD EXTENSION, Contract No. 821 as prepared by JDE Engineering, PLC. Expenditure Required To Be Determined Source of Funds RISE Funds (50%) and Local Option Sales Tax Match (50%) Policy Issue N/A Alternative None Background Information: This project extends Geraldine Road 918-ft. to the west and serves South Port subdivision. MARIA ARMSTRONG From: TRACIA ROSS Sent: Monday, July 23, 2012 2:19 PM To: MARIA ARMSTRONG Subject: estimate- Geraldine Rd. Maria, Consulting Engineer's Estimate-$397,168.25 Trocia Ross Secretary City of Waterloo Engineering 715 Mulberry Street Waterloo,IA 50703 Ph: 319-291-4312 Fax: 319-291-4262 8/1/2012 F.Y. 2012 Geraldine Road Extension, Contract No. 821 July 23, 2012 Bid Tab Estimate: $397,168.25 Bid Security Required Bidder Bid Security Bid Amount Baker Concrete & Excavating ) 3, r, L/c Waverly, Iowa Benton's Sand & Gravel, Inc. Cedar Falls, Iowa Horsfield Companies Epworth, Iowa 3 c'7 3 3 JB Holland Construction, Inc. 3 /02 • 7 Decorah, Iowa �© K Cunningham Construction Co., Inc. Cedar Falls, Iowa Peterson Contractors Inc. 3C• a� Reinbeck, Iowa © 1 Skyline Construction Decorah, Iowa � 77 /c;:, 3 Stickfort Construction Hudson, Iowa �G 9�v S 9/ 3 Vieth Construction corp. 3 yi , 3 67 Cedar Falls, Iowa MARIA ARMSTRONG From: JEFF BALES Sent: Tuesday, July 03, 2012 2:17 PM To: MARIA ARMSTRONG Cc: 'Jim Ellis' Subject: Council Letter For July 9th Maria, Tracy is on vacation this week. Do you get these 7/3/2012 NOTICE OF PUBLIC HEARING On Proposed Plans, Specifications, Form of Contract, And Estimate of Cost and the NOTICE TO BIDDERS For the Taking of Construction Bids For the F.Y. 2012 GERALDINE ROAD EXTENSION CONTRACT NO. 821 Iowa DOT RISE No. RM-8155(727)--9D-07 In the City of Waterloo, Iowa RECEIVING OF BIDS Sealed proposals will be received by the City Clerk of the City of Waterloo, Iowa, at her office in the City Hall of the said City on the 23rd day of July, 2012, until 4:00 p.m. for the construction of the F.Y. 2012 GERALDINE ROAD EXTENSION, Contract No. 821, as described in detail in the plans and specifications now on file in the Office of the City Clerk. OPENING OF BIDS All proposals received will be opened in open Council meeting to be held in the Council Chambers in the City Hall in the City of Waterloo, Iowa, on the 23rd day of July, 2012, at 5:30 p.m., and the proposals will be acted upon at such later time and place as may then be fixed. PUBLIC HEARING Notice is hereby given that the Council of said City will conduct a public hearing on the proposed plans, specifications, form of contract, and estimate of cost for the construction of the above-described improvement project at 5:30 p.m. on July 23rd, 2012 said hearing to be held in the Council Chambers in the City Hall in said City. The proposed plans, specifications, form of contract, and estimate of cost for said improvements heretofore prepared by the City Engineer of the City of Waterloo are now on file in the office of the City Clerk for public examination, and any person interested therein may file written objection thereto with the City Clerk before the date set for said hearing, or appear and make objection thereto with the City Clerk before the date set for said hearing, or appear and make objection thereto at the meeting above set forth. SCOPE OF WORK The extent of the work included in this contract consists of extension of Geraldine Road from the existing end of pavement to a distance of 918 feet to the west. The project includes 31' wide P.C. concrete roadway pavement with curb and gutter and storm sewer. Sanitary sewer and water main construction will be constructed by others under separate contract. Coordination of roadway and storm sewer work will be required with the sanitary sewer and water main construction. Storm sewer varying in size up to 30- NOTICE OF HEARING CONTRACT NO. 821 Page 1 of 5 inch diameter will route storm water runoff from a 5-year storm to natural drainage ways. Earthwork will be limited to topsoil removal and earth excavation and fill to 13 inches below paving grade at the proposed street locations. Seven inch concrete roadway pavement will be supported by 6-inches of modified subbase and compacted earth. BEGINNING AND COMPLETION DATES The work under the proposed contract shall be commenced within ten (10) working days after receipt of "Notice to Proceed" and all items shall be completed on or before November 21, 2012. METHOD OF PAYMENT TO CONTRACTOR The Contractor will be paid against bi-monthly estimates in cash on the basis of ninety- five percent (95%) of the work as it is completed and materials delivered and work approved. Final payment will be made thirty-one (31) days after completion of the work and acceptance by the Council. Before final payment is made, vouchers showing that all subcontractors and workmen and all persons furnishing materials have been fully paid for such materials and labor will be required unless the City is satisfied that material, men and laborers have been paid. The Contractor is hereby notified that if the City does not have cash on hand to pay monthly pay estimates, according to Chapter 384.57 of the Code of Iowa, payment may be made by anticipatory warrants issued bearing a rate of interest not exceeding that permitted by Chapter 74A, Code of Iowa. PLANS AND SPECIFICATIONS Plans and Specifications governing the construction of the proposed improvements have been prepared by JDE Engineering, PLC, which plans and specifications and also the prior proceedings of the City Council referring to and defining said proposed improvements are hereby made a part of this notice, and the proposed contract by reference shall be executed in compliance therewith. Plans and Specifications are available from the City Engineer upon the City's receipt of a $25.00 refundable deposit. Deposits will be refunded if the plans are returned in usable condition (i.e. free of highlights, ink markings, tears, stickers, water stains and soiling) to the Engineer's Office by the end of the 14th consecutive day after the project has been awarded. No deposits will be refunded for any plans received after the 14th consecutive day, which includes plans returned via mail service. Plan holders are responsible for ascertaining when the project has been awarded. This deposit policy shall also apply to the prime contractor awarded the project for all plans and specifications obtained and distributed by the prime contractor to their subcontractors and suppliers in determining the prime contractor's bid, if the prime contractor wishes for their deposit to be returned. Upon award of project, the prime contractor shall be supplied with the needed number of plans and specifications at no additional cost. NOTICE OF HEARING CONTRACT NO. 821 Page 2 of 5 CONTRACT AWARD A contract will be awarded for each division of the contract to the qualified bidder submitting the lowest bid. The City reserves the right to reject any or all bids, re-advertise for new bids, and to waive informalities in the bids submitted that might be in the best interest of the City. Bids may be held by the City of Waterloo, Iowa, for a period not to exceed thirty (30) days from the day of the opening of bids for the purpose of reviewing the bids and investigating the qualifications of bidders, prior to awarding the contract. By virtue of statutory authority, a preference will be given to products and provisions grown and coal produced with the State of Iowa and preference will be given to local domestic labor in the construction of the improvement. PROPOSALS SUBMITTED The bidder shall submit bids on the items listed in the proposal. The bidder shall clearly write or type the unit bid price and the bid item extension (Unit Price x Estimated Qty) in numerals on the blanks provided. Should there be any discrepancy between the unit bid price and extension, the City of Waterloo shall consider the unit bid price as being the valid unit bid price. The bidder has the option to submit a computer-generated spreadsheet in lieu of the portion of the Form of Bid or Proposal, which includes the Bid Item Number, Description, Unit, Estimated Quantity, Unit Bid Price, Total Bid Price and Total Bid. The computer-generated spreadsheet shall include all of the information listed in that portion of the Form of Bid or Proposal as well as bear the signature of the Prime Contractor submitting the bid. For the bidders who submit a computer-generated spreadsheet, the TOTAL BID (with alternates, if applicable) shall also be indicated in the space(s) provided on the Form of Bid or Proposal. BID SECURITY REQUIRED All bids must be accompanied in a separate envelope by a certified or cashier's check drawn on an Iowa bank, or a bank chartered under the laws of the United States, a certified share draft drawn on a credit union in Iowa or chartered under the laws of the United States, or bid bond, (on the form furnished by the City) payable to the City of Waterloo, Iowa, in the sum of not less than five percent (5%) of the bid submitted, which certified check, certified share draft or bid bond will be held as security that the Bidder will enter into a Contract for the construction of the work and will furnish the required bonds, and in case the successful Bidder shall fail or refuse to enter into the Contract and furnish the required bonds, his bid security may be retained by said City as agreed upon liquidated damages. If bid bond is used, it must be signed by both the Bidder and the surety or surety's agent. Signature of surety's agent must be supported by accompanying Power of Attorney. NOTICE OF HEARING CONTRACT NO. 821 Page 3 of 5 PERFORMANCE & PAYMENT BONDS The successful bidder will be required to furnish a "Performance Bond" and a "Payment Bond" within ten (10) days after forms are presented to him in an amount equal to one hundred percent (100%) of the contract price, said bond to be issued by a responsible surety approved by the City Council and shall guarantee the faithful performance of the contract and the terms and conditions therein contained, and shall guarantee the prompt payment of all materials and labor and protect and save harmless the City from claims of any kind caused by the operations of the contractor. MAINTENANCE BOND Before the Contractor shall be entitled to receive final payment for work done under this contract, it shall execute and file a bond in the penal sum of not less than 100% of the total amount of the contract, same to be known as "Maintenance Bond," and which bond must be approved by the City Council, and which bond is in addition to the bond given by the Contractor to guarantee the completion of the work. CONTRACT COMPLIANCE PROGRAM / SUBCONTRACTING The program proposes numerical projections regarding utilization of Minority Business Enterprise (MBE) and Women Business Enterprise (WBE) as Subcontractors, vendors and suppliers in the performance of Contracts awarded by the City of Waterloo, Iowa. A goal of at least ten percent (10%) for MBE participation on all City funded construction projects that are estimated at $50,000.00 or more. A goal of at least two percent (2%) for WBE participation on all City funded construction projects that are estimated at $50,000.00 or more. Any project funded in part or in total with federal funds shall follow the respective agencies contract compliance program and goals. The Prime Contractor shall make "good-faith efforts" to meet the Contract Compliance MBE/WBE goals. The MBE/WBE subcontractors, suppliers or vendors must provide the Prime Contractor a reasonably competitive price for the service being rendered or the Contractor is not required to accept their bid. LIQUIDATED DAMAGES Time is an essential element of this contract. It is important that the work be diligently pursued to completion. If the work is not completed within the specified contract period, plus authorized extensions, the contractor shall pay to the City Liquidated Damages in the amount of five hundred dollars ($500.00) per day, for each day, as further described herein, in excess of the authorized time. Days beyond the specified completion date for which Liquidated Damages will be charged will be working days that the contractor does, or could have worked, from Monday through Saturday. Sundays will be counted only if work is performed. Partial working days will be considered as a full working day. Days not chargeable for Liquidated Damages will include rain days, Sunday if no work is done, and legal holidays. NOTICE OF HEARING CONTRACT NO. 821 Page 4 of 5 Working days will cease to be charged when only punch list items remain to be completed. Punch list items do not include contract bid items or approved change/extra work orders. When the Contractor believes the project to be substantially completed, a written notice stating the same shall be submitted to the Engineer and a request made for a Punch List. If the work under the Contract extends beyond the normal construction season for such work the Contractor shall submit to the Engineer in writing a request that working days counted toward the project be suspended until work is resumed the following construction season. This amount is not construed as a penalty. These damages are for the cost to the City of providing the required additional inspection, engineering and contract administration. PRE-CONSTRUCTION CONFERENCE Before the work is commenced on this contract, a conference shall be held for the purpose of discussing the contract. The conference shall be attended by the prime contractor, subcontractors and City Officials. RESIDENT BIDDER/NON-RESIDENT BIDDER Attention of bidders is called to compliance with the provisions of the Resident Bidder/Non-Resident Bidder requirements. Each bidder submitting a bid shall execute and include with the bid, a Resident Bidder Certification or a Non-Resident Bidder Certification in the form(s) herein provided. SALES TAX EXEMPTION CERTIFICATES Contractors and approved subcontractors will be provided a Sales Tax Exemption Certification to purchase building materials or supplies in the performance of construction contracts let by the City of Waterloo. Published pursuant to the provisions of Division VI of Chapter 384 of the City Code of Iowa and upon order to the City Council of said Waterloo, Iowa, on the day of 2012. CITY OF WATERLOO, IOWA BY: Suzy Schares City Clerk NOTICE OF HEARING CONTRACT NO. 821 Page 5 of 5 CITY OF WATERLOO u : 1 f 4701 Council Communication City Council Meeting:July 16, 2012 Prepared:July 11, 2012 Dept. Head Signature: Eric Thorson, PE, City Engineer # of Attachments: SUBJECT: FY 2012 LINCOLN ELEMENTARY SCHOOL SAFE ROUTES TO SCHOOL PROJECT CONTRACT NO. 805 NOTICE OF PUBLIC HEARING Submitted by: W. Wayne Castle, PLS, EI,Associate Engineer Recommended City Council Action: Receive and approve Plans and Specifications as prepared by AECOM and set July 23, 2012 as date for Public Hearing and instruct City Clerk to publish said Notice of Public Hearing. Summary Statement This project will be let by the Iowa DOT on July 17, 2012. Expenditure Required To be determined Source of Funds N/A Policy Issue N/A Alternative N/A Background Information: MARIA ARMSTRONG From: MAYOR CLARK Sent: Thursday, July 05, 2012 10:02 AM To: SUZY SCHARES Cc: MARIA ARMSTRONG Subject: FW: Agenda add: set public hearing date I just talked with Eric Thorson, he is going to check with Wayne to see if this absolutely has to go on this agenda. Don't do anything for right now. Buck From: WAYNE CASTLE Sent: Thursday, July 05, 2012 9:58 AM To: MAYOR CLARK Cc: SUZY SCHARES; MARIA ARMSTRONG Subject: Agenda add: set public hearing date Mayor, Sorry for asking, but, if possible, I would like to add an item for Monday's agenda to set July 16 as the date for the public hearing for Contract#805, Lincoln School Safe Routes to School (SRTS) project IDOT Project#SRTS-U-8155(718)--8U-07. This project is being let through the DOT who will be opening bids on Tuesday, July 17. AECOM is the consulting engineering and we will have plans and specifications available for the public to look at. Thank you for your consideration, Wayne W. Wayne Castle, PLS, El Associate Engineer City of Waterloo 715 Mulberry Street Waterloo, Iowa 50703 P: (319) 291-4312 F: (319)291-4262 7/5/2012 Ali. CITY OF WATERLOO , IOWA 1011V i COMMUNITY PLANNING AND DEVELOPMENT 1 MAO715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319)291-4366 Fax(319)291-4262 �tet�Op �O NOEL C.ANDERSON,Community Planning&Development Director Council Communicationijetti41 .• 1 1(6'00 Mayor City Council Meeting: June 11 2012 I- � �_ BUCK Prepared: June 6, 2012 # / Vl �'1 .' (ct& t3' CLARK Dept. Head Signature: — .7 # of Attachments: aZ�( ,3 week., °`�I /i /3-v(2-- COUNCIL 67Z �J � MEMBERS x 1 re_ .l3 tlt a SUBJECT: Resolution setting a date of hearing as June 18, 2012 to amend the DAVID City of Waterloo Zoning Ordinance No. 5079 by updating the regulations JONES pertaining to alcohol sales related businesses. Ward I CAROLYN Submitted by: Aric Schroeder, City Planner COLE Ward 2 Recommended City Council Action: Approval. HAROLD GETTY Summary Statement: Staff is proposing an amendment to the Zoning Ordinance that Ward 3 will place further restrictions on the placement and operation of alcohol sales related businesses. In 2009 and 2011 Zoning Ordinances changes were adopted to place QUENTIN additional restrictions on alcohol sales related businesses. The changes have worked HART Ward 4 to some extend, but have not done enough to avoid undue concentration and other negative secondary effects of such uses. Recently the City Council adopted a RON moratorium on the issuance of any new alcohol licenses in certain areas of the City WEEPER and requested that City staff review the Ordinance and determine what additional Ward 5 changes were needed to properly address the concerns that such uses are causing. BOB Attached is a memorandum that includes a summary of the proposed amendment. GREENWOOD At-Large At the June 5,2012 Planning, Programming and Zoning Commission meeting, the STEVE Commission unanimously recommended approval of the amendment. SCHMITT At-Large Please find attached the sections of the Zoning Ordinance being amended. Therefore, we request the City Council set a date of public hearing on the Zoning Ordinance amendment request as June 18,2012, and publish an official notice pertinent to the requested amendment. If you have any questions, please do not hesitate to contact our office. Expenditure Required: None Source of Funds: N/A Policy Issue: Land Use/Zoning CITY WEBSITE: wwwci.waterloo.ia.us WE'RE WORKING FOR YOU! 111, An Equal Opportunity/Affirmative Action Employer Alternative: N/A Background Information:At the April 9, 2012 Council meeting, a moratorium was approved for a period of 90 days for any new alcohol-related drinking and retail establishments (including new licenses and transfers) in the proposed Broadway Overlay District. The moratorium is set to expire on July 7, 2012. The proposed amendment would either need to be adopted and published prior to July 7th, or the moratorium would need to be extended. Legal Description: N/A cc: Noel Anderson, Community Planning&Development Director --file-- t CITY OF WATERLOO , IOWA COMMUNITY PLANNING AND DEVELOPMENT � 715 Mulberry Street • Waterloo,Iowa 50703-5783 • (319)291-4366 Fax(319)291-4262 4?tl o o ' NOEL C.ANDERSON,Community Planning&Development Director MEMORANDUM Mayor BUCK To: Planning and Zoning Commission Members CLARK From: Aric A. Schroeder, City Planner COUNCIL MEMBERS Date: 05/24/12 RE: Proposed Zoning Ordinance Amendment: Additional Changes for Alcohol Sales DAVID Related Businesses JONES Ward I In 2009 and 2011 the City of Waterloo Zoning Ordinance was amended to place additional CAROLYN restrictions on alcohol sales related businesses with a purpose of avoiding undue COLE ti concentraon ofcertain alcohol sales uses,to mitigate the secondary Ward 2 g effects of certain alcohol sales uses,to preserve and protect neighborhoods from deterioration and loss of HAROLD property value due to incompatible uses, and otherwise to promote the general purpose of G d3Y the Zoning Ordinance. The changes have worked to some extent,but have not done enough Warto avoid undue concentration and other negative secondary effects of such uses. Recently QUENTIN the Waterloo City Council adopted a moratorium on the issuance of any new alcohol HART licenses in certain areas of the City and requested that City staff review the Ordinance and Ward 4 determine what additional changes were needed to properly address the concerns that such RON uses are causing. Therefore, staff is proposing to further amend the Zoning Ordinance, WELPER placing further restrictions on the placement and operation of alcohol sales related Ward 5 businesses. Please review the attached amendment for further details,but here is a summary BOB of the amendment: GREENWOOD At-Large The amendment would further expand upon the definition for"Alcohol Sales Use", requiring that all alcohol sales uses be classified as either: 1)an Incidental Alcohol STEVE Sales Use, 2)a Limited Alcohol Sales Use(off-premise consumption),3) a Limited SCHMITT Alcohol Sales Use(on-premise consumption), 4) a Non-Limited Alcohol Sales Use At-Large (off-premise consumption), or 5) a Non-Limited Alcohol Sales Use (on-premise consumption) - The amendment would increase the percent of gross income that must come from other than alcoholic beverages from 50%to 60% for any limited alcohol sales use • -. - - 1 •l •i - The amendment would continue to prohibit the sale of alcoholic beverages via a drive through,drive-up or similar system, and would require than any alcohol sales use that made use of such a window or system before adoption of Ordinance 4976 on 11/23/2009 shall cease and desist from use of such window or system to sell alcoholic beverages no later than December 31, 2013 - The Ordinance does not prohibit an alcohol sales use from having such a drive-up window or similar system to sell other non-alcoholic items through if they already CITY WEBSITE: www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! ' ` An Equal Opportunity/Affirmative Action Employer NATPLJ had such a window or system,but in a separate proposed amendment to the Code of Ordinances (not part of the Zoning Ordinance Amendment), an amendment would provide that if any business sells alcoholic beverages via a drive-up or similar system in violation of the Zoning Ordinance,they shall upon conviction, in additional to other penalties,be required to permanently close said window or system. - The amendment would prohibit an alcohol sales use from constructing a new drive- up or similar system, regardless of the intended purpose of the system. An exception is provided for a pharmacy,provided that no alcoholic beverages may be sold through such a system, and an exception is provided for grocery store merchandise pick-up, as long as the customer made the purchase inside the premises. - The amendment would prohibit any limited alcohol sales use from displaying any image,verbiage or signage that makes use of the words "alcohol", "beer","wine", "liquor", or any variant or synonym of any such work, or any type of such beverage, or that indicates or suggests that such beverages may be purchased in or upon the premises. Any existing business displaying such signage shall have until December 31, 2013 to conform to the requirements. This would only apply to limited alcohol sales uses, and not non-limited alcohol sales uses such as bars or liquor stores. - The amendment would create"Alcohol Sales Use Overlay Districts"in the Broadway, Logan, E. 4th and Church Row Neighborhood(see attached map). Within these overlay districts,no new alcohols sales use, other than incidental alcohol sales uses, shall be established, and expansion of existing uses will only be allowed through approval by the Board of Adjustment to expand a legal non- conforming use. - The amendment would require that Planning staff classify every alcohol sales use, excluding those located in the"C-3"Central Business District, as one of the specific types of alcohol sales uses listed in the definition of alcohol sales use. All alcohol sales uses shall be classified according to current standards pertaining to percentage of sale and retail floor space, and shall not be "grandfathered in"under previous standards. For any alcohol sales use that existed prior to adoption of Ordinance 4976 on 11/23/2009, where insufficient information is available for a determination between a limited or non-limited alcohol sales use,the use shall be classified as a limited alcohol sale use and subject to the requirements as such. Any business requesting classification as non-limited must provide adequate documentation for such a determination. - The amendment would require that, in connection with any application for renewal of a liquor control license, a limited alcohol sales use shall certify that it continues to meet the requirements for classification as the appropriate category of limited alcohol sales use,including certification by a licensed public accountant or a certified public accountant that the business meets the income restrictions to qualify as the appropriate category of limited alcohol sales use. Please contact our office if you have any questions or need any additional information on the proposed amendment. 05/24/2012 staff memo 05-24-12 Proposed Zoning Ordinance Amendment Additional Changes for Alcohol Sales Related Businesses CHAPTER 3 DEFINITIONSBHAPTER3 DEFlisifFIONS 10-3-1 DEFINITIONS. a. Human genitals in a state of sex- hel sole ucc, (ii) a dub or hotel or ual stimulation or arousal; motel as such terms are defined in b. Acts of human masturbation, sex- Section 3-2-2 of the Code of Ordi- ual intercourse or sodomy; or nances, (iii) an open-air event of not more than five€eur days' dura- c. Fondling or other erotic touching tion that is open to the general of human genitals, pubic region, public, (iiiv) golf courses and pub- buttock or female breast. licly owned sports complexes or Alcohol Sales Uses: The following defini- facilities, e (iv) non-profit educa- tions shall govern the interpretation of the tional institutions or museums regulation of alcohol sales uses: hosting special events in support of the organization, or (v) other 1. Alcohol - Protected Uses: Protected similar incidental alcohol sales us- uses include a building in which a ma- es as determined by the City Plan- jority of floor space is used for resi- ner or designee. No regulations dential purposes; a day care center under this Ordinance that are ap- where such day care center is a prin- plicable to alcohol sales uses gen- cipal use; a house of worship; a public erally shall apply to an incidental library; an elementary, junior high or alcohol sales use. high school (public, parochial or pri- vate); public park; public recreation 41i•Limited Alcohol Sales User (off- center or public specialized recreation premise consumption), which shall facility as identified in the parks and include an Any alcohol sales use recreation element of the Waterloo such as a convenience store, gas Comprehensive Plan; a civ- station, grocery store, or phar- ic/convention center; a community rnacy , provided residential facility; a mission. How- that more than sixty €i€t —( 60) ever, this definition shall not apply if percent of its gross income is de- the protected use is a legal non- rived from, and more than sev- conforming use. enty-five (75) percent of its retail floor space is devoted to, the sale 2. Alcohol Sales: The sale of alcohol and of merchandise, services for on- alcoholic beverages, as each such term premises enjoyment, food, and is defined in Chapter 123 of the Iowa beverages other than alcoholic Code, including but not limited to (i) beverages, in either case not in- liquor, beer or wine in closed contain- cluding the sale of tobacco prod- ers intended for off-premisesite con- ucts, lottery tickets, or pumped sumption, and (ii) liquor, cocktails, vehicle fuels such as gasoline, die- shots, wine, beer and any part of an sel and similar products, and pro- alcoholic beverage intended for on- vided further that not more than site consumption. twenty-five (25) percent of its 3. AIcohol Sales Use: Any business that gross income as so determined is derives income from alcohol sales, derived from the sale of alcoholic Alcohol sales uses shall be classified beverages other than beer or wine. as one of the following: c. Limited Alcohol Sales Use (on- a. Incidental Alcohol Sales Use, premise consumption), which shall which shall include, other than(i) include If such limited alcohol a-cectaurant that is a limited alco sales use is (i) a restaurant that is 4 CHAPTER 3 DEFINITIONSCH DEFINITIONS 10-3-1 DEFINITIONS. an1.1cohol sales use, provided that dance hall or similar establish- then more than fifty (50) percent went. of its gross income shall be de- Alley: A public way, other than a street, rived from the sale of prepared affording secondary means of access to abut- food and non-alcoholic beverages, ting property. and. (ii) an alcohol sales use pro- viding facility and product or ser- Animals, Farm: Animals other than vices rental, such as a bowling al- household pets, such as livestock, that, where ley, in which case more than fifty permitted, are kept and maintained for com- (50) percent of its gross income mercial production and sale, family food or shall be derived from the facility, by-product production, and/or educational product, or service rental and the or recreational purposes. sale of prepared food and non- Animals, Household Pet: Includes, but is alcoholic beverages. This use clas- not limited to, dogs, cats, rabbits, birds, ham- sification shall not include dance sters, and other similar animals kept for fam- halls, night clubs or similar facili- fly enjoyment or companionship, and not for ties that provide no or limited commercial or economic reasons. See also rentals, prepared food or product "Kennel". sales other than alcoholic bever- ages. For purposes of this Ordi- Animals, Livestock: Includes, but is not Hance, any alcohol sales use with limited to, horses, cows, pigs, sheep, chickens on-premise consumption that fails and poultry (excluding roosters), goats, os- to meet the gross income stan- triches, rheas, emus, farm deer, and other dards stated above shall be classi- similar animals that are typically raised for fled as a bar/tavern/night club meat, wool, eggs, milk or other functional or and regulated as a non-limited al- economic uses. Roosters shall be prohibited cohol sales use (on-premise con- within the City of Waterloo. sumption). Amendment: A change, supplement, revi- d. Non-Limited Alcohol Sales Use sion or reclassification in the Zoning Ordi- (off-premise consumption), which nance. An amendment can take three (3) shall include any alcohol sales use forms: (1) a comprehensive revision or modi- for off-premise consumption that fication of the zoning text and map; (2) a text does not meet the definition of ei- change in zone requirements; and (3) a ther an incidental alcohol sales use change in the map, i.e., the zoning desig- or a limited alcohol sales use (off- nation of a particular parcel or parcels. premise consumption), commonly Apartment: A dwelling unit in a multiple known as a liquor store or similar dwelling. establishment. Apartment Hotel: A building containing e. Non-Limited Alcohol Sales use both dwelling units and rooming units, used (on premise consumption), which primarily for permanent occupancy. shall include any alcohol sales use with on-premise consumption that Apartment House: See Dwelling, Multi- does not meet the definition of ei- ple. they an incidental alcohol sales use Auction Establishments: Any property or or a. limited alcohol sales use (on- structure devoted to public auction or sales, premise consumption), commonly two (2) or more times a year, for selling of known as a bar,tavern, night club, private property or consigned goods, except 5 CHAPTER 3 DEFINITIONS€HA1 3 DEFINITIONS 10-3-1 DEFINITIONS. rior walls shall be the useable area under the include those gaming facilities both licensed horizontal projection of the roof or floor by the State of Iowa Racing & Gaming Corn- above. mission and other gaming facilities which Floor Area Ratio: The gross floor area of may not be licensed by the State of Iowa Rac- all buildings on a lot divided by the lot area ing & Gaming Commission. [Ordinance 4735, on which the building or buildings are lo- 10/18/04] cated. Garage, Private: An enclosed structure Floor Space: As to adult uses and alcohol intended for and used for the parking of the private motor vehicles of the families resident sales uses for which this Ordinance imposes a limitation on allowable floor space dedicated upon the premises. For the purposes of this to such uses, the percentage of floor space so Ordinance, a garage attached to a principal used shall be determined by a fraction, the structure shall be considered as part of the numerator of which is the total square foot- principal structure and subject to all yard re- age of retail floor space occupied by free- quirements contained herein. standing adult materials or alcohol products Gas Stations: Any building or premises and by shelving, counters and other displays used for the retail sale of liquefied petroleum on which such adult materials and alcohol products for the propulsion of motor vehicles products are stored, stacked, arranged, dis- and may include such products as kerosene, played or otherwise advertised for sale or fuel oil, packaged naphtha, lubricants, tires, available for rental or purchase, and the de- batteries, anti-freeze, motor vehicle accesso- nominator is the total square footage of retail ries, and other items customarily associated floor space in the establishment. Retail floor with the sale of such products;for the render- space includes enclosed display cases. The ing of services and making of adjustments numerator shall include one-half of the open and replacement to motor vehicles, and the floor space between shelving, counters, cases washing, waxing, and polishing of motor ve- and other displays, and all floor space lying hides, as incidental to other services ren- beneath and within the outer edges of any dered; and the making of repairs to motor shelving, counter, case or other display, re- vehicles except those of major type. Repairs gardless of the actual floor space that is phys- of a major type are defined to be spray paint ically occupied. ing, body, fender, clutch, transmission, differ- Foster Child Care: Care and education of ential, axle, spring and frame repairs, major not more than five (5) children unrelated to overhauling of engines, requiring the removal of engine cylinder head or crankcase pan, re- the residents by blood or adoption. pairs to radiators requiring the removal Front Lot Line: The narrowest dimension thereof, or complete recapping or retreading of the lot lines abuttinga street, or the lot line of tires. that the principal structure faces if no lot line abuts a street, public or private. For double Group Home: A facility that is not regu- frontage lots, the front lot line shall be the lated under Chapters 135C or 237 of the Iowa street lot line that the principal structure faces Code or other state law and which,regardless or is addressed from. of size, provides living arrangements with shared use of kitchen and/or bathrooms for Gaming Facility: A facility for the use of individuals not related to the owner, tenant gaming, pari-mutuel gaming, gambling, or administrator within the third degree by and/or the entertainment through use of blood, marriage or adoption and who either games, including but not limited to, poker, are (a) receiving frequently recurring per- roulette, slot machines, blackjack, and other sonal assistance and/or daily-living activities games of chance, etc. This definition shall from home or community-based services be- 11 CHAPTER 5 GENERAL REGULATIONSC}3APTER 3 DEFINITIONS 10-5-1 GENERAL REGULATIONS. seen from off the premises or by the addition ` of other uses, or a nature which would be prohibited generally in the district involved. [Ordinance 3174, 12/14/81] To avoid undue hardship, nothing in this Ordinance shall be deemed to require a 10-5-1 GENERAL REGULATIONS. change in the plans, construction, or desig- nated use of any building in which actual A. Conformance Required. construction was lawfully begun prior to the Except as hereinafter specified in subsea date of non-conformity amendment and upon tion 10-5-1(B), no building or structure shall which actual building construction has been be erected, converted, enlarged, recon- carried on diligently, or upon which a build- structed, or structurally altered, nor shall any ing permit has been applied for or a devel- building or land be used, which does not opment permit has been issued before the comply with all of the district regulations es- date of non-conformity and start of construc- tablished by this Ordinance or any amend- lion begins within one hundred eighty (180) ment hereto, for the district in which the days after issuance of the permit and is car- building or land is located. tied on diligently. Actual construction is hereby defined to include the placing of con- B. Non-Conforming Uses of Land,Non- struction materials in permanent position and Conforming Structures, Non- fastened in a permanent manner. Where ex- Conforming Uses of Structures and cavation or demolition or removal of an exist- Premises, and Non-Conforming Lots. ing building has been substantially begun preparatory to rebuilding, such excavation, Intent. There exist lots, structures,uses of demolition or removal shall be deemed to be land and structures, and characteristics of use actual construction, provided that work shall which constitute a non-conforming use as de- be carried on diligently. fined by this Ordinance, or will constitute a non-conforming use upon adoption of a fu- 1. Continuing Existing Uses. The use of ture amendment hereto. It is the intent of this a building lawfully existing as of the Ordinance to permit these non-conformities date of non-conformity may be con- to continue, except as expressly provided tinued even though such use becomes elsewhere in this Ordinance, until they are non-conforming as of such date, but removed,but not to encourage their survival. any use that is not an authorized non- It is further the intent of this Ordinance that conforming use shall be considered an non-conformities shall not be enlarged upon, illegal use and shall be treated as a vi- expanded or extended,nor be used as ground dation of this Ordinance. for adding other structures or uses prohibited 2. Non-Conforming Lots of Record. In elsewhere in the same district. any district in which single family Non-conforming uses are declared by this dwellings are permitted, a single fam- Ordinance to be incompatible with permitted ily dwelling and customary accessory uses in the districts involved. A non- buildings may be erected on any sin- conforming use of a structure, a non- gle lot of record existing as of the date conforming use of land, or a non-conforming of adoption of Ordinance 2479, adopt- use of structure and land in combination shall ed 02/03/69, not-withstanding limita- not be extended or enlarged after the date of tions imposed by other provisions of non-conformity by attachment on a building this Ordinance. This provision shall or premises of additional signs intended to be apply even though such lot fails to meet the requirements for area or 25 CHAPIIR 5 GENERAL REGULATIONSCH a-FR 3 DEFINITIONS`S 10-5-1 GENERAL REGULATIONS. width, or both, that are generally ap- connection with such non- plicable in the district provided that conforming use of land. yard dimensions and requirements 4. Non-Conforming Structures. Where other than those applying to area or a lawful structure exists as of the date width, or both,of the lot shall conform of non-conformity that could not be to the regulations for the district in which such lot is located. built after the date of non-conformity under the terms of this Ordinance or No portion of said lot shall be used or an amendment hereto by reason of re- sold in a manner which diminishes strictions on area,lot coverage,height, compliance or increases non- yards, its location on the lot, or other compliance with lot width and area requirements concerning the struc- requirements established by this Or- ture, such structure may be continued dinance, nor shall any division of any after the date of non-conformity so conforming lot be made which causes long as it remains otherwise lawful, the lot width or area to be below the subject to the following provisions: requirements stated in this Ordinance. a. No such non-conforming structure 3. Non-Conforming Uses of Land. A may be enlarged or altered in a use of land may be continued after the way which increases its non- date of non-conformity so long as it conformity, but any structure or remains otherwise lawful,provided: portion thereof may be altered to a. No such non-conforming use shall decrease its non-conformity. be enlarged or increased, nor ex- b. Should such non-conforming tended to occupy a greater area of structure or non-conforming por- landthan was occupied at the ef- tion of structure be destroyed by fective date of adoption or any means to the extent of more amendment of this Ordinance; than fifty (50) percent of its fair b. No such non-conforming use shall market value at the time of de- struction, it shall not be recon- be moved in whole or in part to any portion of the lot or parcel structed except in conformity with the provisions of this Ordinance. other than that occupied by such use at the effective date of adop- [Ordinance 3393, 6/10/85] tion or amendment of this Ordi- c. Should such structure be moved nance; for any reason for any distance c. If any such non-conforming use of whatsoever, it shall thereafter con land ceases for any reason for a form to the regulations for the dis- period of more than one (1) year, trict in which it is located after it is any subsequent use of such land moved. shall conform to the regulations 5. Non-Conforming Uses of Structures specified by this Ordinance for the or of Structures and Premises in district in which such land is lo- Combination. If lawful use involving cated; individual structures, or of structure d. No additional structure not con- and premises in combination, exists as of the date of non-conformity that forming to the requirements of this Ordinance shall be erected in would not be allowed after the date of non-conformity in the district under the terms of this Ordinance or an 26 CHAPTER 5 GENERAL REGULATIONSCHAPTER 3 SONS 10-5-1 GENERAL REGULATIONS. amendment hereto, the use may be which a non-conforming use is continued after the date of non- superseded by a permitted use, conformity so long as it remains oth- shall thereafter conform to the erwise lawful, subject to the following regulations for the district, and the provisions: non-conforming use may not a. No existing structure devoted to a thereafter be resumed; use not permitted by this Ordi- e. Except for a non-conforming use nance in the district in which it is that is an alcohol sales use,when a located shall be enlarged, ex- non-conforming use of a structure tended, constructed, recon- or structure and premises in con- structed,moved,or structurally al- bination is discontinued or aban tered except in changing the use of doned for twelve (12) consecutive the structure to a use permitted in months or for eighteen (18) the district in which it is located. months during any three (3) year The use of premises shall be gov- period (except when government erned by the requirements of 10-5- action impedes access to the prem- 1(B)(3); ises), the structure or structure b. Any non-conforming use may be and premises in combination shall extended throughout any parts of not thereafter be used except in a building which were manifestly conformity with the regulations of the district in which it is located. arranged or designed for such use at the time of adoption or f. As to alcohol sales uses only, amendment of said Ordinance,but when the use of a structure or no such use shall be extended to structure and premises in combi- occupy any land outside such nation is non-conforming because building; it is an alcohol sales use, either c. If no structural alterations are solely for that reason or in combi- nation with other reasons, and made, any non-conforming use of a structure, or structure and prem- when the alcohol sales use is dis- ises, may, as a special exception, continued or abandoned for three be changed to another non- (3) consecutive months (except conforming use provided that the when government action impedes Board of Adjustment, either by access to the premises), the struc- general rule or by making findings tore or structure and premises in in the specific case, shall find that combination shall not thereafter be used as an alcohol sales use except the proposed use is equally ap- propriate or more appropriate to conformity with the regulations the district than the existing non- of the district in which it is lo- Gated. This paragraph shall apply conforming use. In permitting such change, the Board of Ad- equally to (i) the cessation of a justment may require appropriate business that is an alcohol sales conditions and safeguards in ac- use, (ii) a business that holds a Ii- cord with the provisions of this cense or permit to operate as an Ordinance; alcohol sales use but fails to con- tinuously and actively operate as d. Any structure, or structure and such, and te(iii) a business that land in combination, in or on continues operating as a non- 27 CHAPTER 14 "C-1"NEIGHBORHOOD COMMERCIAL DISTRICTCHAPTER 3 DEFINITIONS 10-14-1 REGULATIONS. Anima]. Hospital or Veterinary Clinic, Jewelry Store provided all phases of the business Landscape Gardener conducted upon the premises be with- in a building where noises and odors Launderette(Laundromat) are not evident to adjacent properties Meat Locker,storage and retail sales only Antique Shop Music Store Apparel Shop Paint and Wallpaper Store Bakery, retail only Post Office Substation Barber Shop or Beauty Parlor Photographic Studio Bicycle Shop Radio and Television Sales and Service Bookstore Radio and Television Studios, pro- Candy Shops,retail only vided that any towers or transmitting facilities are in accordance with Sec- Car Wash tion 10-27-1(B)(4) Clothes Cleaning and Laundry Pickup Soda Fountain Stations Coffee HouseShoe Repair Shops Collection Office or Public Utility Sporting Goods Tailor Shop Commercial Parking Lots for passen- ger vehicles in accordance with the Theaters provisions of Section 10-25-2 Variety Store Convenience Store [Ordinance 4976, Professional Cleaning Service exclud- 11/23/09] ing Dry Cleaners Dairy Store,retail only 4. Any retail business or service estab- Dance and/or Music Studio lishrnent listed above that is also a Delicatessen and Sub Shop limited alcohol sales use as defined herein,further subject to the following Dry Goods Store requirements: Drug Store a. except that nNo limited-alcohol Financial Institution sales use shall sell or dispense al- coholic beverages via a drive- Florist and Nursery Shop,retail only through or walk-up window or Fruit and Vegetable Market any similar drive-up or drive-in Furniture Store system. Notwithstanding any- thing in Section 10-5-1(B) to the Gasoline Stations contrary, any alcohol sales use Gift Shop that made use of such a window Grocery or system before adoption of Or- dinance 4976 on 11/23/2009 shall Hardware Store cease and desist from use of such a Hobby Shop window or system, and shall Household Appliances, sale and repair comply with the requirements of 58 CHAPTER 14 "C-1"NEIGHBORHOOD COMMERCIAL DISTRICTCHAPTER 3 DEFINITIONS 10-14-2 BULK REGULATIONS. this paragraph, no later than De- determines that the proposed use is cember 31, 2013. not similar in nature, it shall be con- b -For the establishment of new lim- sidered a proposed use not covered ited alcohol sales use locations, by title, as regulated in 10-5-1(R). fencing or other approved screen- B. Accessory Uses: ing shall be constructed along the 1. The following accessory uses are per- property line with any abutting miffed in a"C-1" District. protected use, unless determined by the City Planner or designee to a. Accessory uses permitted in the be infeasible. [Ordinance 4976, "R-4" District 11/23/09] b. Storage of merchandise incidental c. No establishment that is a limited to the principal use may be stored alcohol sales use shall exhibit on in the principal building on the lot the exterior of the premises any in question,but not to exceed forty image or verbiage that makes use (40) percent of the floor area for of the words "alcohol," "beer," said principal building. "wine," "liquor," or any variant or C. Height Regulations. synonym of any such word,or any type of such beverage, or that in- No building shall exceed three (3) stories dicates or suggest that such bever- or forty-five (45) feet in height at the required ages may be purchased in or upon front, side and rear yard lines, except two (2) feet may be added to the height permitted at the premises. Notwithstanding anything in Section 10-5-1(B) to said yard lines for each one (1) foot that the the contrary, any existing business building or portion thereof is set back from that does not conform to this re- the required yard lines and except as further iiirement shall conform no later provided in Section 10-27-1. [Ordinance 4709, than.December 31,2013. 8/9/04] 5. Business or professional office and 10-14-2 BULK REGULATIONS. similar uses not included in the above [Ordinance 3192, 2/22/82] list supplying commodities or per- forming services primarily for resi- [Ordinance 4592, 1/6/03] dents of the neighborhood subject to The following minimum requirements the administrative review and ap- shall be observed subject to the modified re- proval of the Planning staff. If staff quirements contained in Section 10-27-1: "C-1" NEIGHBORHOOD COMMERCIAL DISTRICT USE MINIMUM MINIMUM MINIMUM MINIMUM MINIMUM MINIMUM MAXIMUM LOT AREA LOT LOT AREA FRONT SIDE YARD REAR YARD LOT WIDTH PER YARD(Z) (2)(3) COVERAGE FAMILY Residential SAME AS SPECIFIED IN THE"R-4"DISTRICT Uses Other Permit- No Minimum No Mini- No Mini- 20 ft.0) Same as"R-4" 35 ft. No Maximum ted Uses mum mum District (1) The front yard depth of any lot abutting on a"Major Street"shall be measured from the proposed right-of-way lines as shown on the Official Major Street Plan.[Ordinance 3908,12/21/92] (2) The rear yard setback is required except where an existing principal building on an abutting lot is closer to the rear lot line. In these instances the minimum rear yard setback will be the same as the nearest rear yard depth that was legally established. This provision applies to lots abutting the side yards that are not developed as a reverse frontage lot. 59 CHAT fhR 15 "C-2"COMMERCIAL DISTRICTCFIAPTER 3 DEFINITIONS (3) For every additional foot the front yard depth is increased over the required setback, the rear yard depth may be decreased in direct proportion thereto,but in no case shall the rear yard be less than ten(10)feet. (4) The front yard setback is required except any commercial use may be built to the nearest front yard depth(from the street right- of-way to the structure)of a structure that was legally established.This setback would apply to all structures on the same side of the street between two(2)intersecting sheets.This includes only buildings addressed and/or having their front yard setback fac- ing the same street. It does not include corner lots whose front yard is located on an adjacent street and uses the other street frontage as a side yard setback. forth for such use in the "C-1" Dis- trict. • 2. Adult uses as defined in the defini- YS' 'RI lions Section, upon approval of a [Ordinance 3192, 2/22/82] Special Permit by the Board of Ad- justment after review by the Com- 10-15-1 REGULATIONS, mission and provided that such uses meet the following separation re- The regulations set forth in this Chapter quirements: and contained in Chapter 5 shall apply in the "C-2" Commercial District. The "C-T' a. At least 600 feet from any other District is intended to provide for areas of adult use measured in a straight the community which are developed or will line from the closest points of the be soon as moderate intensity commercial property lines in which the adult area. These areas are often associated with uses are located. the major traffic arteries and highways lo- b. At least 600 feet from any resi- cated within the community. Any outside dentially zoned property meas- storage of materials or equipment shall be ured in a straight line from the limited and clearly incidental and accessory closest point of the property line to the Principal Permitted Use, and shall not in which the adult use is located include the outside storage of junk or sal- to the closest residentially zoned vage material or similar debris. Outside property line. storage of materials or equipment shall not c. At least 600 feet from any pro- be permitted in a front yard. This provision tected use as defined herein shall not restrict the outside storage of nurs- which distance shall be meas- ery, landscaping and garden material, and ured in a straight line from the licensed and operable vehicles, or unli- closest point of the property line censed operable vehicles for sale, that are which the adult use is located to accessory and clearly incidental to the Prin- the closest point of the property cipal Permitted Use. This provision shall line in which is located an not restrict other outside display areas aforementioned protected use. If when such display areas display items that a protected use is a legal non- can be legally sold by a commercial business conforming use, this provision on the property and when the display area shall not apply. [Ordinance 3642, does not exceed an area equal to the area 5/1/89] occupied by the building(s) on a property. 3. Non-Limited Alcohol Sales Uses, A. Principal Permitted Uses: upon approval of a Special Permit by 1. Any use permitted in the "C-1" the Board of Adjustment after rec- Commercial District, on the terms set ommendation of the Commission, except that a Special Permit shall not be required if such use is located 60 CHAPTER 15 "C-2"COMMERCIAL DISTRICrDENNITIONS f�3 10-15-1 REGULATIONS. along a principal arterial or inter- state according to the Urban Federal . . _ . . . Functional Classification System prepared by IDOT, provided that such uses meet the following re- quirements: fication System prepared by a. RN() non-limited alcohol sales IDOT. use shall sell or dispense alco- [Ordinance 4976, 11/23/09] holic beverages via a drive- c. No non-limited alcohol sales use through or walk-up window or any similar drive-up or drive-in use, for which a Class Eoff- system_ and provided that, Notwithstanding anything in premises liquor control license Section 10-5-1(B) to the contrary, has been issued; or for which an any alcohol sales use that made application for such a license has use of such a window or system been submitted but not yet before adoption of Ordinance granted; shall be located within 4976 on 11/23/2009 shall cease 600 feet of another alcohol sales and desist from use of such a use holding the same class of li- cense, as measured in a straight window or system, and shall comply with the requirements of line from the nearestclosest this paragraph, no later than De- points of the property lines part cember 31,2013. a in which the of bbwNo With respect to any non- au-alcohol sales uses are located. limited alcohol sales use that - _ . - ,_ .- - . holds a Class E off-premises liq- uor iquor control license or for which sales-use: an application for such a license d. No non-limited alcohol sales use has been submitted but not yet shall be located within 250 feet of ranted shall be located within ; another non-limited alcohol sales smokes-arm-6 00 feet from a protected use, and no use, as measured in a straight wit h respect to all other non- line from the closest points of the limited alcohol sales uses such property lines in which the alco- uses shall be located within are hol sales uses are located. at-least-250 feet;from a protected e. Fencing or other approved use, as measured in a straight screening shall be constructed line_from the closestnearest along the property line with any pointpart of the property line abutting protected use, unless 1ings#ucture—ems determined by the City Planner service-area-in which ef-an alco- to or designee to be infeasible. hol sales use is Iocated to the closest point of the property line of any protected user, upon ap - • - - • 'Board of Adjustment after rec the"C 1" District. - emnten ernef—t-h«Co - 61 CHAPTER 15 "C-2"COMMERCIAL DISTRICTCHA 3 DEFINITIONS 10-15-1 REGULATIONS. 4. Animal Hospital or Veterinary Clinic ing and Heating Shop, Roofing providing any exercising runway Shop, Sheet Metal Shop, Sign Paint- shall be at least two hundred (200) ing Shop, and similar uses, provided feet from any "R" District and one there is no outside equipment yard. hundred (100) feet from any "C-1" 12. Contractor Businesses including District boundary. Contractor Equipment Yards, pro- 5. Automobile, Motorcycle, Trailer and vided that equipment yards shall be Farm Implement establishments for effectively screened on each side fac- display,, hire and sales (excluding ing a Residential District and on auctions and not including sales lots each side facing a public street by a without a principal building except fence, wall or densely planted com- for satellite lots when the lot is abut- pact hedge not less than six (6) feet ting or across a street from a lot with or more than eight (8) feet in height, a principal building including an of- and, for equipment yards, upon ap- fice), including as incidental to these proval of a Special Permit by the major uses all repair work in connec- Board of Adjustment after review by tion with their own and customers' the Commission. vehicles, but not including uses in 13. Department Stores which the major source of revenue is from body and fender work. In ad- 14. Drinking Establishments, Taverns, dition, this paragraph shall not be Bars and Night Clubs, Summer Gar- construed to include automobile, dens, and Road Houses, including tractor, or machinery salvage and entertainment and dancing, pro- used parts yards. Machinery, sal- vided that any such use that meets vaged or used parts, and vehicles the definition of Alcohol Sales Use not in running condition and not be- shall meet the requirements for an ing actively restored to running con- alcohol sales use. dition, or not DOT operational and 15. Hotels [Ordinance 4592, 1/6/03] not licensed, shall be located in an enclosed building. 16. Kennel, provided the principal building is at least 250 feet and any 6. Ballrooms and Dance Halls outside exercise or runway area is at 7. Billiard Parlors and Pool Halls least 500 feet from any residentially 8. Bowling Alleys zoned property measured in a straight line from the closest point of 9. Clothes Dry Cleaning and/or dyeing the building or runway to the closest establishments. residential zoned property line, and 10. Commercial Baseball Fields, Swim- upon approval of a Special Permit by ming Pools, Skating, Golf Driving the Board of Adjustment after re- Ranges, commercial campgrounds view by the Commission. or similar open air recreational uses 17. Laundries or Laundromats and facilities, upon approval of a 18. Lawn Mower Repair Shop Special Permit by the Board of Ad- justment after review by the Corn- 19. Lumber Yards and Building Materi- mission. als, retail, but not including any 11. Contractor Businesses, including manufacturing or fabricating for Carpenter and Cabinet Shop, Plumb- wholesaling operations. 62 CHAPTER 15 "C-7'COMMERCIAL DISTRICTCHAPTER 3 DEFINITIONS 10-15-2 BULK REGULATIONS. 20. Mini-storage or storage rental devel- requirements for a limited alcohol opment, upon issuance of a Special sales use (on-premise consumption). Permit, which shall review the loca- 27. Other similar service and retail busi tion for compatibility of surround- nesses not included in the above list ing, highest and best use of land, subject to the administrative review and proximity to a major thorough- and approval of the Planning staff. fare. [Ordinance 4683, 4/12/04] It is If staff determines that the proposed the intent of this provision for such use is not similar in nature, it shall uses to be towards the rear of highly be considered a proposed use not visible commercial property. covered by title, as regulated in 10-5- 21. Monument Sales Yard, but not with- 1(R). out a principal building. B. Accessory Uses: 22. Off-premise advertising in accor- dance with Section 10-26-1. [Ordi- 1. Accessory uses permitted in the nance 4724, 9/20/04] "C-1" District. 23. Motels and Auto Courts 2. Accessory uses and structures cus- tomarily incidental to any permitted 24. Pet Shop,including Aquariums principal uses. 25. Printing Shops, not to include more than two (2) 12"x 18" inch job press- 10-15-2 BULK REGULATIONS. es [Ordinance 3050, 10/1/79] 26. Restaurant: Fast Food Type and [Ordinance 3192, 2/22/82] Standard Type, and drive-in eating [Ordinance 4592, 1/6/03] establishments, provided that any The following minimum requirements such use that meets the definition of shall be observed, subject to the modified an Alcohol Sales Use shall meet the requirements contained in Section 10-27-1: "C-2" COMMERCIAL DISTRICT USE MINIMUM MINIM MINIMUM LOT MINIMUM FRONT MINIMUM MINIMUM MAXIMUM LOT AREA UM LOT AREA PER YARD nil SIDE YARD REAR HEIGHT AND WIDTH FAMILY YARD(3)i) LOT COVERAGE Residential. SAME AS SPECIFIED IN THE"R-4"DISTRICT Uses Motels/ No Mini- 150 feet 20 ft. 10 ft. 20 ft. No building shall Hotels mum exceed 4 stories or Other Per- No Mini- No Min- No Minimum 20 ft.(2) 35 ft48 feet in height (5) . mitted mum imum District Uses (1) The front yard depth of any lot abutting on a"major street"shall be measured from the proposed right-of-way lines as shown on the Official Major Street Plan. (2) The front yard setback is required except any commercial use may be built to the nearest front yard depth(from the street right- of-way to the structure)of a structure that was legally established.This setback would apply to all structures on the same side of the street between two(2)intersecting streets.This includes only buildings addressed and/or having their front yard setback fac- ing the same street. It does not include corner lots whose front yard is located on an adjacent street and uses the other street frontage as a side yard setback. • (3) The rear yard setback is required except where an existing principal building on an abutting lot is closer to the rear lot line. In these instances the minimum rear yard setback will be the same as the nearest rear yard depth that was legally established. This provision applies to lots abutting the side yards that are not developed as a reverse frontage lot. 63 CHAPTER 18 "C-3"CENTRAL BUSINESS DISTRICT 10-18-1 REGULATIONS.10 18 1 REGULATION& $ 10-5-1(B) to the contrary, any limited alcohol sales use that made use of uC-3' CENTRALBUS NES such a window or system before SCT adoption of Ordinance 4976 on 11/23/2009 shall cease and desist [Ordinance 3192, 2/22/82] from use of such a window or system, and shall comply with the require- 10-18-1 REGULATIONS. ments of this paragraph, no later than The regulations set forth in this Chapter, December 31, 2013. [Ordinance 4976, and contained in Chapter 5 shall apply in the 11/23/09] "C-3" Central Business District. The "C-3" 3. Automobile Body or Fender Repair Central Business District is designed and in- Shop. Vehicles not in running condi- tended to accommodate the variety of retail tions, not DOT operational and not li- stores, services and related activities which censed, machinery, salvage, or used often occupy the area within the Central parts shall be located in an enclosed Business District. "C-3" Zoning only shall building apply to the existing Central Business District or areas contiguous to the Central Business 4. Exterminator Sales District. Any outside storage of materials, 5. Manufacturing or Treatment of Prod- equipment or product shall be limited and ucts clearly incidental to the conduct clearly incidental and accessory to the Princi- of a retail business conducted on the pal Permitted Use, and shall not include the premises outside storage of junk or salvage material or similar debris. Outside storage of materials or 6. Printing and/or Publishing Houses equipment shall not be permitted in a front 7. Tire Shop, including vulcanizing and yard. This provision shall not restrict the retreading outside storage of licensed and operable ye- 8. Transportation Passenger Terminals hicks, or unlicensed operable vehicles for sale, that are accessory and clearly incidental B. Accessory Uses: to the Principal Permitted Use, and shall not restrict outside display areas when such dis- 1. Accessory uses permitted in the "C-2" play areas display items that can be legally District. sold by a commercial business on the prop- 2. Accessory uses and structures cus- erty and when the display area does not ex- tomarily incidental to any permitted ceed an area equal to the area occupied by the principal uses. [Ordinance 4724, building(s) on a property. 9/20/04] A. Principal Permitted Uses: 10-18-2 BULK REGULATIONS. 1. Any use permitted in the "C-2" Dis- [Ordinance 3192, 2/22/82] trict. [Ordinance 4592, 1/6/03] 2. Alcohol Sales Uses, provided that no The following minimum requirements alcohol sales use shall sell or dispense shall be observed, subject to the modified re- alcoholic beverages via a drive- quirements contained in Section 10-27-1: through or walk-up window or any similar drive-up or drive-in system. Notwithstanding anything in Section 75 CHAPTER 24A ALCOHOL SALES USE OVERLAY DISTRICTS 10-22-5 "S-F"SHALLOW FLOODING(OVERLAY)DISTRICT. The setback area shall be planted with non-conforming structure between the a combination of trees and shrubs to existing building line and the required provide a minimum of 1.5 points per set back line otherwise required in the linear foot of street frontage in addi- underlying Zoning District shall be al- tion to the 1.5 points per linear foot of lowed only upon approval of a Vari- street frontage required in 10-24-1 ance by the Board of Adjustment. (F)(4)(b). 3. For properties which are located in 3. If the fencing alternative is utilized, all "C-1" and less restrictive zones and fencing shall be constructed of new are affected by these setback require- materials which provide a uniform ments, the required rear yard setback appearance and shall be built to meet shall be reduced by one (1) foot for or exceed the currently adopted Build- each foot the front yard setback is in ing Code. Acceptable fencing materi- creased beyond that which is required als include but are not limited to: in the underlying zone; provided the a. Solid Wood property does not adjoin a residential zone. In no case shall the rear yard be b. Solid Metal reduced to less than ten(10)feet. A 50% reduction in required points on J. Use Restrictions. the exterior of the fence will be grant- ed for fencing that is constructed from No new junk yards, salvage yards, recy- the following materials: cling yards, or construction storage yards shall be allowed in the "H-C" Highway 20 a. Stone or brick Corridor Overlay district. Expansion of said b. Concrete with approved design uses shall be allowed only through the ap- characteristics proval of the Board of Adjustment process to expand a legal non-conforming use. c. Chain link with a hedge that sub- stantially obscures the fence and which will provide a solid appear- ance within three (3) years of CHAPTER 24A planting. ALCOHOL'SALES► USE Setback:Requirements. OVERLYDISTRICTS 1. To achieve the goals of this Section, the setback requirement shall be fifty 1O-24A-1 GENERAL REGULATIONS. feet (5CI') for all structures abutting Highway 20. This setback area shall A. Boundaries. be used for open space only, except The Alcohol Sales Use Overlay Districts that parking shall be allowed to begin are four districts, the boundaries of which are twenty-five feet (25') from the prop- shown on the official zoning map and legally erty line. described in Attachment "A" to this Section. 2. The setback requirements shall apply Such districts are referred to as the Broadway to new construction. Existing struc- district, Logan district, E. 4th district, and tures that are not in compliance with Church Row Neighborhood district. this Section and wish to expand shall B. Purpose and Intent. not increase the non-conformity. Any proposed expansion of an existing The purpose and intent of this Chapter is to establish Alcohol Sales Use Overlay Dis- 114 CHAPTER 25 VEHICULAR USE,PARKING AND LOADING AREAS,PUBLIC GARAGES,PARKING LOIS AND FILLING STATIONS. 10-22-5 "S-F"SHALLOW FLOODING(OVERLAY)DISTRICT.10 28 4 SPECIAL F tricts to avoid undue concentration of certain ; ;{ ; 4 CHAPTER 25 alcohol uses in designated areas already populated by significant numbers of alcohol VEICU . ►R TS ' ',4ING sales uses, to mitigate the secondary effects of y` A� ,,OARING. ,EASE, certain alcohol sales uses, to preserve and fL GES PARKING;! protect neighborhoods from deterioration , and loss of property value due to incompati- ble uses, and otherwise to promote the gen- eral purposes of the zoning ordinance. The provisions of this Chapter shall apply 10-25-1 OFF-STREET LOADING SPACES in addition to any other zoning district regu- REQUIRED. lations and requirements in which the land [Ordinance 4634, 8/11/03] may be classified. In the case of conflict, the most restrictive provisions shall govern, ex- A. Regulations. cept as otherwise expressly provided in this In any district, except the "C-3" Central Chapter. Business District, in connection with every C. Administrative Regulations. building or part thereof hereafter erected, The provisions of this Chapter shall con- having a gross floor area of ten thousand stitute the requirements for all zones that lie (10,000) square feet or more, which is to be within the boundaries of any of the Alcohol occupied by manufacturing, storage, ware- house, goods display, retail store, wholesale Sales Use Overlay Districts. store, market, hotel, hospital, mortuary, D. Use Restrictions. laundry, dry cleaning or other uses similarly No new alcohol sales uses, other than in- requiring the receipt or distribution by vehi- cidental alcohol sales uses, shall be estab- cles of material or merchandise,there shall be lished in an Alcohol Sales Use Overlay Dis- provided and maintained on the same lot trict. Expansion of said uses shall be allowed th such building, at least one (1) off-street only through approval by the Board of Ad- loading space plus one (1) additional such justment process to expand a legal non- loading space for every twenty thousand conforming use. (20,000) square feet or major fraction thereof of gross floor area so used in excess of ten ATTACHMENT "A" thousand (10,000) square feet. Broadway Overly District 1. Each loading space shall be not less [insert' than ten (10)feet in width,twenty-five (25) feet in length. Logan Overlay District 2. Such space may occupy all or any part ]insert] of required yard or court space or as E. 4th Overlay District specifically provided in the district in [insert]. which it is located. 10-25-2 OFF-STREET PARKING AREA Church Row Neighborhood Overlay District REQUIRED. [insert" A. Scope of Regulations. [Ordinance 3050, 10/1/79] [Ordinance 4634, 8/11/03] 115 CHAPTER 25 VEHICULAR USE,PARKING AND LOADING AREAS,PUBLIC GARAGES,PARKING LOTS AND FILLING STATIONS. 10-22-5 "S-F"SHALLOW FLOODING(OVERLAY)DISTRICT.10 28 4 SPECIAL I two family dwellings. The minimum four (24) feet wide or closer than thir- driveway width between two rows of ty-six (36) feet apart shall be allowed parking stalls shall be fifteen (15) feet if the screen is installed on the oppo- for 45 degree angled parking, nine- site side of the alley with agreement of teen (19) feet for 60 degree angled the property owner(s). parking or for 45 degree and 60 de- 12. Lighting: Any lighting used to illu- gree herring bone pattern parking, urinate arty off-street parking area or and twenty-four (24) feet for 90 de- any area(s) used for non-residential gree parking. The minimum drive- purposes shall be so arranged as to re- way width when other than between flect the light away from adjoining two rows of parking stalls shall be fif- residentialremises. teen (15) feet for one-way access and p [Ordinance twenty(20) feet for two-way access. 3442,6/16/86] 10. The City Planner or representative 13. Parking Space: The minimum size of shall be responsible for reviewing and a parking stall shall be nine (9) feet by approving the layout of all parking fa- eighteen (18) feet, or one hundred and sixty two (162) square feet, excluding cilities in order to meet the stipula- the area necessary for access and ma- tions of these regulations. In addition, neuvering. When calculating the in case any building, structure, or use number of spaces required under this is not specifically mentioned herein, Ordinance, a fractional space shall re- the provisions for a use which is men- quire an additional space. tioned and to which said use is similar shall apply. 14. Site Plan: Any application for a build- 11. Screening and Landscaping: All open rng permit or for an occupancy certifi- parking areas containing more than cate where no building permit is re- four (4) parking spaces shall be effec- quired, shall include a site plan, drawn to scale, and fully dimensioned tively screened as defined herein on showing any off-street parking or each sidle adjoining property situated loading facilities,points of access to be in a Residence District or any institu- provided, and an adequate number of tional premises, except when the ad- handicap parking spaces. joining property is used for profes- sional office or multi-family, by a wall 15. Floor Area: In calculating the floor or densely planted compact hedge, area as it applies to these regulations except if the closest point of such all multiple stories including base- parking area is at least one hundred ments used as a part of the use in (100) feet from the nearest residential question, or all leasable area designed or institutional property line or across for tenant occupancy, shall be added a street. For such parking areas sepa- together to get a total floor area. Ar- rated from property situated in a Res- eas used only for mechanical, ware- idence District or any institutional house, storage, or other similar uses premises by an alley, the screen shall may be excluded. Also areas to be be required except along approved used for seasonal display or garden points of access, provided that the areas may be excluded. The property points of access are not more than owner must provide documentation twenty-four (24) feet wide and not of the use of all areas to be excluded less than thirty-six (36) feet apart. from the floor area calculation. A Points of access more than twenty- change in use to a non-excluded use 118 CHAPTER 26 OUTDOOR ADVERTISING SIGNS AND BILLBOARDS 10-22-5 "SF"SHALLOW FLOODING(OVERLAYYDISTRICT. 30. Real Estate Sign: A temporary sign be located, erected, or maintained except advertising the sale, lease, or rental of in compliance with these regulations. All the property or premises upon which signs shall be considered as accessory us- it is located. es to a Principal Permitted Use, except for 31. Revolving Sign: A sign that revolves off-premise advertising signs and bill- 360 degrees about an axis. boards. All signs may be erected up to the property line, unless otherwise speci- 32. Roof Line: The top edge of a peaked fied in this Ordinance. Such signs shall roof. obtain a building permit and zoning ap- 33. Roof Sign: A sign mounted on, and proval prior to construction. supported by, the main roof portion of 1. Exemptions: The regulations con- a building. tained in this Section shall not apply 34. Sign: Any structure or device de- to: signed or intended to convey informa- a. Traffic control signs or devices; tion to the public in written or picto- b. Signs located within buildings, ex- rial form for the purpose of bringing the subject thereof to the attention of cluding Home Occupations, or the public. Flags displayed from flag- within public sports complexes or poles or staffs will not be considered facilities; to be signs. c. Official signs of a non-commercial 35. Temporary Sign: A sign intended to nature erected by public utility display either commercial or non- companies; commercial messages of a transitory d. "For Sale" and"Garage Sale" type or temporary nature. Portable signs signage less than six (6) square or any sign not permanently embed- feet on private property. Said ded in the ground, or not perma- signage shall be removed when nently affixed to a building or sign the sale is completed;and structure that is permanently embed- e. Political signs on private property ded in the ground, are considered in compliance with the Code of temporary signs. Iowa. 36. Wall Sign: A sign that is in any man- 2. Prohibited Signs: ner affixed to any exterior wall of a building or structure and projects not a. Non-exempt signs in street rights- more than 18 inches from the building of-way excluding approved signs or structure wall. in the "C-2" and "C-3" District, and subdivision signs as provided 37. Window Sign: A sign affixed to orin this Section;and painted on the surface of a window with its message intended to be visible b. Signs which resemble traffic con- to and readable from the public way trol signs or devices. or from adjacent property. c. With respect to the premises of C. Regulation of All Signs. any establishment that is a limited alcohol sales use and is not located The regulations contained in this in the "C-3" District, any sign that chapter shall apply to and regulate signs includes any verbiage that makes in all Districts except the "H-C" Highway use of the words "alcohol," Corridor Overlay Districts. No sign shall 128 CHAPTER 26 OUTDOOR ADVERTISING SIGNS AND BILLBOARDS 10-22-5 "S-F"SHALLOW FLOODING(OVERLAY)DISTRICT. "beer," "wine," "liquor," or any board sign structures, including the variant or synonym of any such outermost edge of the sign panel, word, or any type of such bever- must be setback from the immediate age, or that indicates or suggest abutting street right-of-way line or that such beverages may be pur- property line equal to the setback of chased in or upon the premises. the underlying Zoning District. Bill- 3. Off-Premise Advertising Signs and board structures shall not be permit- Billboards: ted within 1000 feet of another bill- board structure measured in either di- Off-Premise Advertising is a tradi- rection along both sides of the street tional and legitimate advertising me- which adjoins the billboard structure, dium involving the lawful use of pri- measured from the base of structure vate property. to the base of structure in a straight line regardless of grade. Furthermore, Off-Premise Advertising should be no billboard structure shall be permit- regulated to provide for safe strut- tures to be properly located so as to ted closer than 200 feet from a resi- meet uniform standards for construe- dential Zoning District or from the tion and maintenance and to be main- property boundaries of any property tamed to conform to a neat and pleas- which has a principal residential use ant community appearance. located thereon, nor closer than 200 feet from the property boundaries of a In all districts where permitted (C-2, public park, church, school cemetery, C-3, M-1, and M-2, excluding corridor hospital, the property boundaries of overlay districts),billboards shall have any historic district established by a prime message area not to exceed state law or local ordinance, or the 300 square feet. Billboards may exceed property boundaries of any structure 300 square feet for unique site charac- listed on the National Register of His- teristics including, but not limited to, toric Places. In addition, vertical setbacks, surrounding land uses and stacking of separate sign panels on a structures, spaciousness and visibility. billboard structure shall be prohibited. Such a request over the 300 square On corner lots, no billboard shall be foot limit must follow the procedure erected within the triangular area by applying for a Special Permit from formed by the intersection of the lot the Board of Adjustment. In no case lines and a line connecting two (2) shall the Board of Adjustment grant a points each located 100 feet from the Special Permit that exceeds 672 sq. ft., intersection of the lot lines of the cor- and an embellishment, trim and skirt- ner of the lot located at the intersec- ing area not to exceed an additional tion. [Ordinance 3050, 10/1/79] [Ordi- 150 sq. ft. The maximum allowable nance 4521, 10/22/01] [Ordinance 4724, height as measured from natural 9/20/04] grade at the base of the sign to the top of the structure is 48 feet with the 4. All Districts: minimum height being 10 feet from a. Home Occupations shall be al- natural grade at the base of the sign to lowed one (1) nameplate display- the bottom of the structure. The strut- ing the name of occupant or occu- tures shall be a monopole steel design, pation, not exceeding two (2) with the paint and sign material main- square feet in area, non- tained in a new condition. All bill- illuminated, attached flat to the 129 CHAPTER 27 SPECIAL PROVISIONS,EXCEPTIONS AND MODIFICATIONS 10-27-1 SPECIAL I 1/9/89], advising the City of the poten- - ' - - ; : . . - . _. • tial hazards and necessary safeguards. area of an alcohol sales use to the 10. Mobile Home Parks, including fac- - - •. tory-built home parks and subdivi- mete sc, when meeting the sions if the structures are not classi- following minimum requirements: fied as real estate. a. Where the business, when oper- 11. Rubble Disposal Site, Rubble Fill Site, aced in conformance with such or clean fill site, except clean fill ap- reasonable conditions as may be proved as part of a development plan. imposed by the Board of Adjust- A duplicate of the application submit ment, satisfies the following crite- ted to the Black Hawk County Health Ma' Department shall be submitted to the i. The proposed location, design, Commission. The application shall construction and operation of contain the signature of landowner, the particular use adequately legal description of property, a plot safeguards the health, safety plan showing area to be filled with ex- and general welfare of persons isting and proposed final elevations, residing in the adjoining or The application shall also include an surrounding residential area. estimate of the number of cubic yards ii. The business uses landscaping, necessary and length of time esti- mated to complete filling. [Ordinance walls or structures to prevent 3590, 107/88] any noise, vibration or light generated by the business 12. Adult Businesses/Adult Uses [Ordi- from having a significant det- nance 3642, 5/1/89] in accordance with rimental impact upon the ad- "Adult Businesses/Adult Uses" of joining residential or protected Sections 10-3-1, 10-15-1(A)(2), and 10- uses. 27-1(N).. iii. The business will not unduly 13. Gaming facilities, unless located with- increase congestion on the in a Planned District where listed as a streets in the adjoining resi- Permitted Use. [Ordinance 4735, dential area. 10/18/04] iv. The operation of the business 14. One or two-family residential struc- will not constitute a nuisance. tures when more than one (1) such b. Any Special Permit so granted by structure is erected on a single lot in the Board of Adjustment shall be the "R-1" or "R-2" District. [Ordinance subject to the following general 4855, 2/19/07] [Ordinance 4885, conditions, together with any ad- 10/15/07] ditional special conditions re- 15. Non-Limited Alcohol Sales Uses;-et- quired by the Board of Adjust- er than limited alcohol sales uses, ment as appropriate: tcrial or inter3tate according to the i. Any parking area provided for Urban - . . the use of customers of the lion System prepared by IDOT, or business shall be illuminated when-located less than 250 feet meas to appropriate standards urcd from the nearest part of the found in the City of Waterloo Municipal Code. Parking lot 143 CHAPTER 27 SPECIAL PROVISIONS,EXCEYI'IONS AND MODIFICATIONS 10-27-1 SPECIAL I lighting shall be directed away special use permit. [Ordinance from nearby residential prop- 4976, 11/23/09] erties and city streets. c. The purpose and intent of these ii. The business shall comply special permit regulations is to with the City of Waterloo Mu- avoid undue concentration of cer- nicipal Code pertaining to tain alcohol sales uses, to mitigate noise control. the secondary effects of certain al- Attractive litter and trash re- cohol sales uses, to preserve and ceptacles shall be located at protect neighborhoods from dete- convenient locations inside rioration and loss of property val- and outside the premises. ue due to incompatible uses, and otherwise to promote the general iv. The Special Permit is subject to purposes of the zoning ordinance. amendment or revocation if Except in the "C-3" District, the the operation of the business provisions of this subsection 15 becomes a nuisance or exhibits shall apply in addition to any oth- a pattern of violating the con- er zoning district regulations and ditions set forth in the Special requirements in which the land Permit. may be classified. In the case of conflict, the most restrictive provi- v. If the zoning officer deter- : sions shall govern, except as oth- mines at any time that the op- eration of such a business ex- erwise expressly provided in this :hibits a pattern of violating the subsection. conditions set forth in the Spe- 16. Religious facilities. cial Permit, the zoning officer oma apply to the Board of Ad- 17. Non-profit institutions of a philan y pp y thropic or educational nature, includ- justment to reconsider the is- suance of the special use per- ing libraries but excluding philan- mit for such business. A copy thropic professional offices in the "R- of such application to recon- 4" Multiple Residence District or less sider and notice of the hearing restrictive district. Also private clubs, before the Board of Adjust- fraternities,sororities and lodges. ment on such application shall 18. Commercial mining and extraction of be provided to the owner of minerals or raw material, including such business at least ten days sand or gravel pits or borrow sites. in advance and shall also be 19. Mini-storage or storage rental devel- ]provided to all owners of re- opment when in a"C-2"District. cord of property within two hundred fifty (250) feet of the 20. Towers including wireless communi- subject property. If the Board cations and wind generation devices, of Adjustment finds that the except as provided in Sections 10-27- operation of such business ex- 1(B)(4),10-27-1(D),and 10-27-1(T). hibits a pattern of violating the 21. Kennels. conditions set forth in the Spe- cial Permit, the Board of Ad- 22. Public utility structures and equip- justment shall have the author- ment necessary for the operation i:ty to amend or revoke the 144 10-27-1 I SPECIAL P. Buffers Required. height of planting shall be adequate to serve as an effective visual screen. [Ordinance 3050, 10/1/79] [Ordinance 4724, 9/20/04] The burden or provision and selection of It shall be recognized that the transition the buffers shall be as follows: from one district to another district of con- 1. Where two (2) different districts re- trasting and conflicting uses is across a bar- quiring a buffer between them are rier and line in theory. Therefore, it shall be both in existing improved condition, the intent of this article to require the actual the above requirement is not retroac- provision of physical barrier so as to reduce tive and should a buffer be desired it any possible harmful or detrimental influence shall be by mutual agreement be- one district may or may not have to an abut- tween property owners or as other- ting or contrasting or conflicting use. wise provided by law. However, in The following conditions shall require a the event that any or all of the im- buffer between abutting districts: proved property is abandoned, de- stroyed, demolished, etc, for the pur- pose of renewal, redevelopment, etc., 1. All "C' Districts which abut any "R-1" that portion of such property being or "R-2" District shall be buffered as renewed, redeveloped, etc. shall be required in this article. considered vacant land subject to the 2. All "M" Districts which abut any "C-1" requirements herein. or any "R" District shall be buffered as 2. Where one of the two (2) different dis- required in this article. tricts requiring a buffer between them Buffers required under the provisions of is partially developed, the developer this article or elsewhere in this Ordinance of the vacant land shall assume the shall be accomplished by any one or ap- burden. proved combination of the following methods: 3. Where both districts requiring a buffer between them are vacant or undevel- 1. Buffer Wall. Such wall shall not be oped except for agricultural use, the less than six (6) feet in height, con- burden shall be assumed by the de- structed of a permanent, low mainte- veloper as the land is improved or de- nance material such as concrete block, veloped. cinder block, brick, concrete, precast concrete, title block, etc. The wall Where the line between two (2) districts requiring a buffer follows a street right-of- shall be designed for both structural way, railroad, stream, or other similar barrier, adequacy and aesthetic quality. The use of weather resistant wood, metal the requirement for a buffer may be waived or manufacturing substitutes may be by the City Planner or designee, provided such waiver does not permit the exposure of used as an accessory material for aes- thetic quality. undesirable characteristics to public view. 2. Buffer Park. Such park shall not be Q. Alcohol Sales Uses-Regulations. less than forty (40) feet in width, de- 1. Classification. Except in the "C-3" signed and landscaped in an aesthetic District, all alcohol sales uses,whether manner,. existing or proposed, shall be classi- Predominant planting shall be of ever- fled by the City Planner or designee as green type trees, shrubs and plants so as to one of the specific types enumerated assure year-round effectiveness; density and in Section 10-3-1 under "alcohol sales 157 10-27-1 I SPECIAL I uses." All alcohol sales uses shall be classified according to current stan- section, dards pertaining to percentage of sale and retail floor space. For any alcohol sales use that existed before adoption - - - •. - • , -of Ordinance 4976 on 11/23/2009, - - where insufficient information is : •- • • • • - - available for a determination between cent,v has been imucd, or for a limited or non-limited alcohol sales use according to current standards, the use shall be classified as a limited alcohol sales use and shall be subject ==' •• - - - - to all of the requirements pertaining - -•• - _ to such uses. Any business requesting •- - - • classification as a non-limited alcohol - -•• - - - = - - sales use shall provide adequate - - - - -- - - • a• - .. • documentation for such a determina- tion. Adequate documentation may - - - - .• - - . . - consist of, but shall not be limited to, coho sales" tax fonns filed with the Iowa Alco- _ _ • _ _ • holic Beverages Division, sales regis- _• - '�-_ •• ter or point-of-sale system reports, in- come statements, and/or other infor- _ • _ • • mation certified as true and correct by _ - _ _ _ _•' a licensed public accountant or a certi- _ • ' _ _• - fled public accountant. Any informa- vice area of an alcohol sales use to the tion provided by the business shall be closest point of the property line of certified by the business as true, cor- another alcohol sales use. rect and complete under penalty of - perjury_gurpese--and. me t.The 2. Drive-Up Windows. - • ° - ' - a. No business that is an alcohol sales Q is t( • .. .:. • - • - use shall construct, open or install regulationsany drive-through or walk-up tion of-certain—alcoholsales uses, to window or any similar drive-up or mitigate the secondary effects of ccr drive-in system, except that a taro alcohol sales uses, to preserve pharmacy may have such a system ancl-pr£ -•= `` -`:` ' -- : • • provided that no alcoholic bever- rioration and loss of property value ages may be sold or dispensed - ' - , •' • ' - through same, and except that a wise to : : : - . - ;- -• . : . :_ - grocery may have such a system othe-z' rdinance, as a convenience for loading mer- 1. Except in the C 3 District, the provi chandise into a vehicle only if the cions of . - : : - e -. . • : _ customer made the purchase in- in addition to any other zoning dis side the premises of the grocery. trict red;. . : _ - . _ _ .: :- - - - b. If an application has been filed for a new license or permit to sell or -- - - - dispense alcoholic beverages with provisions shall govern, except as oth 158 10-27-1 I SPECIAL respect to a premises that is not deemed to be an unlawful use and shall be classified as an alcohol sales use at subject to the enforcement provisions of this the time of application or has not Ordinance. If audit of the provided informa- been classified as such within the tion indicates that the business fails to satisfy preceding three (3) months, and if the conditions to qualify as the appropriate the premises is equipped with a category of a limited alcohol sales use, either drive-through or walk-up window on the basis of the preceding twelve (12) or any similar drive-up or drive-in months viewed as a whole or the most recent system, then the application will three (3) months viewed as a whole, then not be approved until any opening such business may be deemed to be art that is part of such window or sys- unlawful use and may be subject to the en- temis permanently closed and the forcement provisions of this Ordinance. If the exterior thereof has been finished audit demonstrates that the business exceeds to conform in materials and ap- by more than ten (10) percent any of the nu- pearance as closely as reasonably merical standards of the appropriate category possible to the remainder of the of a limited alcohol sales use, then the use exterior of the premises. shall be deemed a nuisance and the business shall pay all cost and expense of the audit. R. Limited Alcohol Sales Uses. The city derk shall demand reimbursement [Ordinance 4976, 11/23/09] for the audit costs and expenses by mailing Pursuant to the authority vested in the written demand for reimbursement to the City by Section 123.39 of the Iowa Code and owner. Notice shall be by ordinary mail. Said in furtherance of the City's prerogative to demand shall be due and payable upon mail- regulate the location of alcohol sales uses for ing and shall become delinquent if not paid the health, welfare and morals of the com- within thirty (30) days of the date of mailing munity, any limited alcohol sales use as do the notice. Without prejudice to any other is subject to the requirements of available methods of collection, any delin this Section. Upon request of the police chief quent amounts may be assessed against the or designee at any time, but not more fre- property for collection in the same manner as quently than semi-annually, a business that is a property tax, as provided in state law. The a limited alcohol sales use shall provide such audit requirements of this subsection are in information as the police chief or designee addition to any affidavit or agreement that may, in his reasonable discretion, require as may be required by the City Planner or des- proof that the business satisfies the conditions ignee with respect to the status of the busi- to be for the appropriate category of a limited ness within the appropriate category of as-a alcohol sales use. Proof may consist of, but is limited alcohol sales use. In connection with not limited to, tax forms filed with the Iowa any application for renewal of a liquor control Alcoholic Beverages Division, sales register or license, the business shall certify on forms point-of-sale system reports, and/or income acceptable to the City Planner or designee statements, and/or other information certi- that it continues to meet the requirements for fied as true and correct by a licensed public classification as the appropriate category of accountant or a certified public accountant. limited alcohol sales use, including certifica- Any information provided by the business tion by a licensed public accountant or a certi- shall be certified by the business as true, cor- fied public accountant that the business meets rect aee-and complete under penalty of the income restrictions to qualify as the ap- perjury. If the business fails to provide the propriate category of limited alcohol sales requested information within thirty (30) days use. after request, then such business shall be S. Utility Exemption. 159 Exhibit "A" Broadway Avenue Overlay District— Legal Description Beginning at the intersection of the centerlines of W. Parker Street and Fairview Avenue; thence South along the centerline of Fairview Avenue and an extension of the centerline of Fairview Avenue to its intersection with the Northeasterly line of the Cedar River; thence Southeasterly along the Northeasterly line of the Cedar River to its intersection with the centerline of E. Third Street; thence Northeasterly along the centerline of E. Third Street to its intersection with the centerline of Franklin Street; thence Northwesterly along the centerline of Franklin Street to its intersection with the centerline of Oak Avenue; thence North along the centerline of Oak Avenue to its intersection with the centerline of Utica Street; thence Northeasterly along the centerline of Utica Street to its intersection with the centerline of Lincoln Street; thence Northwesterly and Northerly along the centerline of Lincoln Street to its intersection with the centerline of Bratnober Street; thence West along the centerline of Bratnober Street to its intersection with the centerline of Columbia Street; thence North along the centerline of Columbia Street to its intersection with the centerline of the Canadian and National Railroad; thence Northwesterly along the centerline of the Canadian and National Railroad to its intersection with the centerline of Ackermant Street; thence North along the centerline of Ackermant Street to its intersection with the centerline of W. Parker Street; thence West along the centerline of W. Parker Street to its intersection with the centerline of Fairview Avenue and the Point of Beginning. Logan Avenue Overlay District — Legal Description Beginning at the intersection of the centerlines of Franklin Street and E. Mullan Avenue; thence Northwesterly along the centerline of Franklin Street to its intersection with the centerline of Oak Avenue; thence North along the centerline of Oak Avenue to its intersection with the centerline of Utica Street; thence Northeasterly along the centerline of Utica Street to its intersection with the centerline of the former Illinois Central Railroad Beltline (abandoned); thence Northerly along the centerline of the former Illinois Central Railroad Beltline (abandoned) to its intersection with the centerline of the Canadian and National Railroad (formerly Illinois Central Railroad); thence Southeasterly along the centerline of the Canadian and National Railroad to its intersection with the centerline of E. Mullan Avenue (also known as U.S. Highway 63); thence Southerly and Southwesterly along the centerline of E. Mullan Avenue to its intersection with the centerline of Franklin Street and the Point of Beginning. E Fourth Street Overlay District— Legal Description Beginning at the intersection of the centerlines of Franklin Street and E. Second Street; thence Northeasterly along the centerline of E Second Street to its intersection with the centerline of Walnut Street; thence Northwesterly along the centerline of Walnut Street to its intersection with the centerline of Pine Street; thence East along the centerline of Pine Street to its intersection with the centerline of Iowa Street; thence North along the centerline of Iowa Street to its intersection with the centerline of Dane Street; thence West along the centerline of Dane Street to its intersection with the Centerline of E. Mullan Avenue (also known as U.S. Highway 63); thence North along the centerline of E. Mullan Avenue to its intersection with the centerline of the Webster Street right-of-way; thence East along the centerline of the Webster Street right-of-way and the centerline of Webster Street to its intersection with the centerline of Ankeny Street; thence North along the centerline of Ankeny Street to its intersection with the centerline of Ricker Street; thence East along the centerline of Ricker Street to its intersection with the centerline of Page 1 of 2 Linn Street; thence South along the centerline of Linn Street to its intersection with a line drawn between the Southeasterly corner of Lot 4, Block 7, Hammond and Hopkins Addition and the Southwesterly corner of Lot 7, Block 6, Hammond and Hopkins Addition; thence Westerly in a straight line to the intersection of the centerlines of E. Fourth Street and Dane Street; thence South along the centerline of E. Fourth Street to its intersection with the centerline of Walnut Street; thence Southeasterly along the centerline of Walnut Street to its intersection with the centerline of the Union Pacific Railroad; thence Southwesterly along the centerline of the Union Pacific Railroad to its intersection with the centerline of Franklin Street; thence Northwesterly along the centerline of Franklin Street to its intersection with the centerline of E. Second Street and the Point of Beginning. Church Row Neighborhood Overlay District — Legal Description Beginning at the intersection of the centerlines of South Street and W. Mullan Avenue; thence Northeasterly along the centerline of South Street to its intersection with the centerline of Washington Street; thence Southeasterly along the centerline of Washington Street to its intersection with the centerline of W. Sixth Street; thence Southwesterly along the centerline of W. Sixth Street to its intersection with the centerline of Randolph Street; thence Southwesterly in a straight line to the intersection of the centerlines of W. Sixth Street and Wellington Street; thence continuing Southwesterly along the centerline of W. Sixth Street to its first intersection with Grant Avenue; thence continuing Southwesterly along the centerline of W. Sixth Street to its second intersection with Grant Avenue; thence Northwesterly along the centerline of Grant Avenue to its third intersection with W. Sixth Street; thence Southwesterly along the centerline of W. Sixth Street to its intersection with Allen Street; thence Northwesterly along the centerline of Allen Street to its intersection with the centerline of W. Fifth Street; thence Southwesterly along the centerline of W. Fifth Street to its intersection with the centerline of Baltimore Street; thence Southeasterly and Southerly along the centerline of Baltimore Street to its intersection with the centerline of Pleasant Street; thence West along the centerline of Pleasant Street to its intersection with the centerline of W. Fifth Street; thence Southwesterly along the centerline of W. Fifth Street to its intersection with the centerline of Bayard Street; thence South along the centerline of Bayard Street to its intersection with the centerline of Williston Avenue; thence West along the centerline of Williston Avenue to its intersection with the centerline of Kimball Avenue; thence North along the centerline of Kimball Avenue to its intersection with the centerline of Reber Avenue; thence East along the centerline of Reber Avenue to its intersection with the centerline of Sullivan Avenue; thence North along the centerline of Sullivan Avenue to its intersection with the centerline of W. Second Street; thence Northeasterly along the centerline of W. Second Street to its intersection with the centerline of South Street; thence Northwesterly along the centerline of South Street to its intersection with the centerline of W. Mullan Avenue and the Point of Beginning. Page 2 of 2 - �—:meg —MLA= --. —V __ —�— MMI ■ M-1 Proposed Broadway/Logan/E 4th Overlay District " 'SII 11111111 L. l iii mil= ■I .,-:= 111= Elm 1 .1.1 inn! - MI ■■1111-■1111 w ••-• :STI 11111111 I� • lull)= j'nH 'i'i' i'i'i !!! Ii -1111111..=: 1 gig _,. 11Era , i1■ ` �� = a.i'ru'i= LIEU illlll 111111 --= :r. ,►■ =_ X111111 '111111 S == =i: 111. �hr�� 1a� ' 11111 11111111. y _ �IIII 11111III z �II■lll' imam11111 ;� ■■ ■ •_ = •1 VIII■ 111111111: S I H � I III- =111■ 111111 IMO _ x.11 R--, H -ill II:I■11111 1111111 ■■I - 11111111111111 1111111! 11111h. 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IN .1. 4' II- Th---, -,,--__, • 'I -1.11 poimmir.. • *. sev./ 4.- " ,- v N • -,,,_ 44 °.• •, •• „-"*** # * - ss• mllill R-3 M-2 )\ L .v7 • v.c. 4 . -:, , s,j...4 ' :e.4 74E9 illi h 4747# "41":' , 4 4/ , A gi PLEASE NOTE: 1. . ' •N�,. .��S 'j�� �.Al." _,:m��`'1111 BASE MAP DATA SOURCE IS BLACK HA WK COUNTY. 63 �(C� ., '. .4? — THIS MAP DOES NOT REPRESENT A SURVEY,NO LIABILITY IS VW.: , ' ASSUMED FOR THE ACCURACY OF THE DATA DELINEATED HEREIN, ,c, • \,.�� �, ' '��' BLACK HAWK COUNTETHER EXPRESSED OV ASSESSOR,OR IMPLIED BY FTHEIR EMPLOYEES ACK HAWK OY THE l/1• , , THE CITY OF WATERLOO MAKES NO WARRANTY,EXPRESS OR 4 v3 •,, •,,,� ,�', �� IMPLIED,AS TO THE ACCURACY OF THE INFORMATION SHOWN ON THIS MAP,AND EXPRESSLY DISCLAIMS LIABILRY FOR THE ' -,$)_41:-• `' 0. N ACCURACY THEREOF.USERS SHOULD REFER TO OFFICIAL , �` ,A\ PLATS,SURVEY COUNT CORDED DEEDS,ETC.LOCATED AT THE . 0 350 700 Feet .\ BLACK HAWK COUNTYASSESSOR'S OFFICE FOR COMPLETE ,^`\+ / AND ACCURATE INFORMATION. 141 �� 2= —_: �I I I I I 70 1:, .>_z N■ ::__ _ tini T --_9 -_MOM I_ _ .7] s D z / �J I �-r C !;I - �I, .1.MI N T Ill_ 1 m �l!I WI _ ='= H III 11111.1111/ cn I MINIM MI m �� ir III 1�' C� C I :- G7;- '� Na.Mil mwE MAIN 111 X � -v. = ,f,, ■i� _ - :1� x'/11111111 .. 2 - ws,.-u.. ������� *2 , 4111111111111 —'- — —.1k Ow ow iv41 iam I 111111111111 _mio■ . ,. a -__ .�� ������v _ ■•11111111111111=��ii6--� =�� ����4: s1III1u111' :1_ 1■ :) f _ alto, ��',� ��� l�Y'] I - BIM .A _ # 4 Illl�i 111 c awn mwsw swift 7X111 _ E �• �,jNS• I� .: !hi MIN Q Iii aft 11;1 1111= , ; ., • , , ari,,, _ ��oy�,� �I�/i :i � ;i, Z • *4 .. 4 r tC2. 011 IIIIIIII J-�. �, ��� s.• �w�4 co 1 ,i i� 01111111 '� • ��' g-- . -- E i — '!111'' - I •o t. s�,. o SIM - �3 F� ��.• •• o • , • � ��� If [III [ ) `� 4, 4'l �� , . ,,,Ar 1 ihil v % 41, .40',x w#.44-6 * i ."c;/ .'9'.°' 54 NM Noll r % +M\-4N/S .,,N, / • 4 6,,,,. , _ LIE . .- . < >- • 4. e #e - %, 4#-.%Nel 4' IG1 i&4i ♦ ��„� ��0 .� �e. / f p nz<tiv-izAoa m ' .. • • m�mm" oF.�Ay, y • Z OC!,A O=m O m,O`7,' , 'I 4/'# I. s.■ ra- - iiiimtJa -•.‘ - • . ),/,A aft .* ; 1� , ,,',,N2<%O461P DO OA mA ZA n D< . II , —iiii. • A ,O r 3<A m 0 2 l l I I . K) -,yoo,mf°,„F ►11o. : , ♦ , . ,, `, ^ A m Z m `, '.:,r',''-'. ,ii',.`� = 11111 1111= �,A ����! /�� ;� •,� • �i, Ta mm 111111 1111101 SW ,,/:4,65>• ‘9:? � 4 / ��,�.,.■ nsil1 I �� °'� /�Y/\ •^< , � �i� CITY OF WATERLOO , IOWA Ell i��!..T�� COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319)291-4366 Fax(319)291-4262 dterloOY) NOEL C.ANDERSON,Community Planning&Development Director Council Communication �j t Mayor City Council Meeting: 6/25/12 I b �`°"j S BUCK Prepared: 6/19/12 CLARK Dept. Head Signature: --- # of Attachments: COUNCIL MEMBERS SUBJECT: Resolution establishing a moratorium for a period of 45 days for new alcohol-related drinking and retail establishments (including new licenses and transfers) in DAVID the proposed Broadway Avenue Overlay District, Logan Avenue Overlay District, E. 4th JONES Street Overlay District, and Church Row Neighborhood Overlay District in the City of Ward I Waterloo, Black Hawk County, Iowa. CAROLYN Submitted by: Noel Anderson, Community Planning& Development Director COLE Ward 2 Recommended City Council Action:Approval. HAROLD GETTY Summary Statement: Recently there has been concern raised over the placement of Ward 3 alcohol-related drinking and retail establishments, particularly regarding the clustering of such uses, and the proximity of such uses to residential developments. The City of QUENTIN HART Waterloo passed an amendment to the Zoning Ordinance pertaining to the regulations of Ward 4 alcohol-related establishments in 2009, and further amended the requirements in 2011. However, concern has still been raised that the Ordinance does not do enough to prevent RON the clustering of these uses, particularly in proximity to residential uses. On 4/9/12 the WELPER Ward 5 City Council adopted Resolution No. 2012-316 which enacted a 90 day moratorium for new alcohol-related drinking and retail establishments, including new licenses and BOB transfers, in the proposed Broadway Overlay District and directed staff to review the GREENWOOD At-Large Ordinance and determine what additional changes are needed to properly address the concerns that such uses are causing. Staff has prepared a proposed amendment to the STEVE Zoning Ordinance and the City Council held a hearing on the new Ordinance on Serg ITT 6/18/12, however the amendment was tabled until the 7/9/12 Council meeting to allow additional input to be gathered. The existing moratorium is set to expire on 7/7/12, and if not extended, this could create a situation where additional establishments may develop that would increase the concentration of such establishments, or their proximity to residential uses, which could have adverse negative effects such as increases in violence and crime. Due to the negative externalities associated with a concentration of such uses, and the proximity of such uses to residential uses, it is in the public interest to prevent further concentration and prevent development of such uses in proximity to residential developments. The moratorium would not affect any establishment already in existence or under development if all approvals have been given, even if not yet operational. A new 45- day moratorium on all four proposed overlay areas will provide sufficient time for additional input on the proposed amendment to be gathered, and the amendment adopted. CITY WEBSITE: wwwci.waterloo.ia.us WE'RE WORKING FOR YOU! 1111 An Equal Opportunity/AffirmativeActionEmplayer Expenditure Required: none Source of Funds: n/a Policy Issue: Zoning Ordinance regulations Alternative: Don't extend the moratorium Background Information: Legal Description: See Attached Exhibit "A" cc: Noel Anderson,Community Planning&Development Director NA:as Path: K:\USERS\ARIC-S\City of Waterloo\council letters\Misc-Appeals-Determinations-Other\06-19-12 Council Communication moratorium extension for alcohol sales uses Broadway Overlay.doc Exhibit "A" Broadway Avenue Overlay District — Legal Description Beginning at the intersection of the centerlines of W. Parker Street and Fairview Avenue; thence South along the centerline of Fairview Avenue and an extension of the centerline of Fairview Avenue to its intersection with the Northeasterly line of the Cedar River; thence Southeasterly along the Northeasterly line of the Cedar River to its intersection with the centerline of E. Third Street; thence Northeasterly along the centerline of E. Third Street to its intersection with the centerline of Franklin Street; thence Northwesterly along the centerline of Franklin Street to its intersection with the centerline of Oak Avenue; thence North along the centerline of Oak Avenue to its intersection with the centerline of Utica Street; thence Northeasterly along the centerline of Utica Street to its intersection with the centerline of Lincoln Street; thence Northwesterly and Northerly along the centerline of Lincoln Street to its intersection with the centerline of Bratnober Street; thence West along the centerline of Bratnober Street to its intersection with the centerline of Columbia Street; thence North along the centerline of Columbia Street to its intersection with the centerline of the Canadian and National Railroad; thence Northwesterly along the centerline of the Canadian and National Railroad to its intersection with the centerline of Ackermant Street; thence North along the centerline of Ackermant Street to its intersection with the centerline of W. Parker Street; thence West along the centerline of W. Parker Street to its intersection with the centerline of Fairview Avenue and the Point of Beginning. Logan Avenue Overlay District — Legal Description Beginning at the intersection of the centerlines of Franklin Street and E. Mullan Avenue; thence Northwesterly along the centerline of Franklin Street to its intersection with the centerline of Oak Avenue; thence North along the centerline of Oak Avenue to its intersection with the centerline of Utica Street; thence Northeasterly along the centerline of Utica Street to its intersection with the centerline of the former Illinois Central Railroad Beltline (abandoned); thence Northerly along the centerline of the former Illinois Central Railroad Beltline (abandoned) to its intersection with the centerline of the Canadian and National Railroad (formerly Illinois Central Railroad); thence Southeasterly along the centerline of the Canadian and National Railroad to its intersection with the centerline of E. Mullan Avenue (also known as U.S. Highway 63); thence Southerly and Southwesterly along the centerline of E. Mullan Avenue to its intersection with the centerline of Franklin Street and the Point of Beginning. E Fourth Street Overlay District — Legal Description Beginning at the intersection of the centerlines of Franklin Street and E. Second Street; thence Northeasterly along the centerline of E Second Street to its intersection with the centerline of Walnut Street; thence Northwesterly along the centerline of Walnut Street to its intersection with the centerline of Pine Street; thence East along the centerline of Pine Street to its intersection with the centerline of Iowa Street; thence North along the centerline of Iowa Street to its intersection with the centerline of Dane Street; thence West along the centerline of Dane Street to its intersection with the Centerline of E. Mullan Avenue (also known as U.S. Highway 63); thence North along the centerline of E. Mullan Avenue to its intersection with the centerline of the Webster Street right-of-way; thence East along the centerline of the Webster Street right-of-way and the centerline of Webster Street to its intersection with the centerline of Ankeny Street; thence North along the centerline of Ankeny Street to its intersection with the centerline of Ricker Street; thence East along the centerline of Ricker Street to its intersection with the centerline of Page 1 of 2 Linn Street; thence South along the centerline of Linn Street to its intersection with a line drawn between the Southeasterly corner of Lot 4, Block 7, Hammond and Hopkins Addition and the Southwesterly corner of Lot 7, Block 6, Hammond and Hopkins Addition; thence Westerly in a straight line to the intersection of the centerlines of E. Fourth Street and Dane Street; thence South along the centerline of E. Fourth Street to its intersection with the centerline of Walnut Street; thence Southeasterly along the centerline of Walnut Street to its intersection with the centerline of the Union Pacific Railroad; thence Southwesterly along the centerline of the Union Pacific Railroad to its intersection with the centerline of Franklin Street; thence Northwesterly along the centerline of Franklin Street to its intersection with the centerline of E. Second Street and the Point of Beginning. Church Row Neighborhood Overlay District — Legal Description Beginning at the intersection of the centerlines of South Street and W. Mullan Avenue; thence Northeasterly along the centerline of South Street to its intersection with the centerline of Washington Street; thence Southeasterly along the centerline of Washington Street to its intersection with the centerline of W. Sixth Street; thence Southwesterly along the centerline of W. Sixth Street to its intersection with the centerline of Randolph Street; thence Southwesterly in a straight line to the intersection of the centerlines of W. Sixth Street and Wellington Street; thence continuing Southwesterly along the centerline of W. Sixth Street to its first intersection with Grant Avenue; thence continuing Southwesterly along the centerline of W. Sixth Street to its second intersection with Grant Avenue; thence Northwesterly along the centerline of Grant Avenue to its third intersection with W. Sixth Street; thence Southwesterly along the centerline of W. Sixth Street to its intersection with Allen Street; thence Northwesterly along the centerline of Allen Street to its intersection with the centerline of W. Fifth Street; thence Southwesterly along the centerline of W. Fifth Street to its intersection with the centerline of Baltimore Street; thence Southeasterly and Southerly along the centerline of Baltimore Street to its intersection with the centerline of Pleasant Street; thence West along the centerline of Pleasant Street to its intersection with the centerline of W. Fifth Street; thence Southwesterly along the centerline of W. Fifth Street to its intersection with the centerline of Bayard Street; thence South along the centerline of Bayard Street to its intersection with the centerline of Williston Avenue; thence West along the centerline of Williston Avenue to its intersection with the centerline of Kimball Avenue; thence North along the centerline of Kimball Avenue to its intersection with the centerline of Reber Avenue; thence East along the centerline of Reber Avenue to its intersection with the centerline of Sullivan Avenue; thence North along the centerline of Sullivan Avenue to its intersection with the centerline of W. Second Street; thence Northeasterly along the centerline of W. Second Street to its intersection with the centerline of South Street; thence Northwesterly along the centerline of South Street to its intersection with the centerline of W. Mullan Avenue and the Point of Beginning. Page 2 of 2 WI Proposed Broadway/Logan/E 4th Overlay District Ii I II 1 X11 L. 1111 al= =um gm- 111 as ■1 "•" u■ orwrin -=" .iliuiII.0 III ., II E w. •AR- .T VIIIIli_ ■e I 11111111L1111111 R-2,c-z A 1_ m lm _iittt !i 111 ' � -- 1"!! A� ] 111111111I _ 111 ;Ii ° -1 ■l_ ° : 11111 111111 11111 =1111111 ► , = ���_ 1100-Of�lay 111111■ IIS : - Erb LI di IIIIIIIIS10111 =_ —_ - - --a rIIIIIN IIIII11111111111111 It IIIIIIII_ _111111 , in— I ► . • 'M' - • s' -I 1r= E 11= =® 111111= LIIII I 1111011 €_11111111. A - I �...� mu =i11�-em HU I I MMI 1 H 111111 7 11111111 11111 F I I�R-2,Crim - 1111= 11111111 111 .. 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Eimmi I/S•N ..** 4$P#4 40:' • M 2 5,,e ♦ t 4:11. �,r u_�' T. -,I' PLEASE NOTE 4 • •' x • '1�• MAPL S x_i YST Iw ��, %aull��tl_" BASE MAP DATA SOURCE IS BLACK HAWK COUNTY. 63 �•.. `,j`. ., ,� ♦�, \ THIS MAP DORS NOT REPRESENT A HE DATA NO LIABILITY H �' • �4 �. ' , ASSUMED FOR T HE ACCURACY OF THE DATA DE UNEATED HEREIN, / EITHER EXPRESSED OR IMPLIED , BLACK HAWK COUNTY,V,THE -3 ♦, 4% .(o. !',� • ,�' , BLACK HAWK COUNTY ASSESSOR,OF THEIR EMPLOYEES. V Ati THE CITY OF WATERLOO MAKES NO WARRANTY,EXPRESS OR IMPLIED,AS TO THE ACCURACY OF THE INFORMATION SHOWN S �,�' '�' Gj ', 4•41 ON THIS MAP,AND EXPRESSLY DISCLAIMS LIABILITY FOR THE ACCURACY THEREOF.USERS SHOULD REFER TO OFFICIAL ' ��` ..PLATS,SURVEYS,RECORD ED DEEDS,ETC.LOCATED AT THE BLACK HAWK COUNT Y ASSESSOR'S OFFICE FOR COMPLETE .+ 0 350 700 Feet ,`/^\\\\ AND ACCURAT E INFORMATION. - / w---___/ 4L_ - 4 w' / \ •- / / ,,. 'Nr* N./ CV .,3/ *V: , AV ! IIIII - a WF NN S 4. 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Lc _ SI 6 _c r ••• 4,,o`, •�°. . , \ 11111111 LI Q . 41 a. is,' -`I i�llllll 11 8 w &?. . ., �� �I���I°,� �•IIIIIII�IIIIIIII 11 Z �,I ► ,‘• •I �,��•I :111111111111111:11 Q Nov litp IX II .,.: ►I . .. . ♦ 3 serrimi r s • $�5 o: '� •'G * .. 1111112 H I E ig 111 'll�llLim �I �� �� .�� i ��� _ _ VI I l in _1111 NIIJ!1 , • '�1111P =1!!�� IIIIIIIII I 1111•-��:`� ��� �•; 3 _ 13 ' 0111111111- �'�=�+�� ���� ����• G) morivaiorcum.to \�-}-1 iiiuiuuiii� �� �� �������i .. 3i _ ,= g. I: aiii L o,� IIIW:u. 8 �_ E — — .- I. ■� Ii ,�r•,.�ee,_ ... ch /11-= �E .�.. _ m_ ...... , I LJ .11 . �@......=_._ — 2— 6Y:•rp _:.--= .w1— :mi 1 ma_ ��w a rl...0.. i111 I >_ ,__ (,)_ c, �d /1111'o 5-In 111 111 H :' �'�� _ , — =MI IS En= 111 z ���� MOM , �— (;1_,__ ii!i!! ;A.. it N �..Yna!L;N ME MI --Z r■ Era/ , ,\ -- -- =.— CITY OF WATERLOO Council Communication City Council Meeting:July 23, 2012 Prepared:July 11, 2012 Dept. Head Signature: PH # of Attachments: SUBJECT: 2012 RIVERFRONT SPORTS PARK WATER WELL PROJECT Submitted by: Rick Curran, Facilities Manager, Leisure Services Recommended City Council Action: Request Council Award Contract to Shawver Well Company, Inc. of Fredericksburg, Iowa for the 2012 RIVERFRONT SPORTS PARK WATER WELL PROTECT at Cedar River/Exchange Park for the amount of Sixty Six Thousand, Three Hundred Eighty Four dollars and 60/100 ($66,384.60) Summary Statement: This project is to construct a water well to supply new irrigation system at Riverfront Sports Park Complex. Expenditure Required: $66,384.60 Source of Funds: Project will be funded by Leisure Services CIP and a Black Hawk Gaming Grant. Policy Issue: NA Alternative: NA Background Information: 2012 Riverfront Sports Park Irrigation Project approved May 14, 2012 to Midwest Irrigation. II ii MARIA ARMSTRONG From: PAUL HUTING Sent: Tuesday, July 17, 2012 1:35 PM To: MARIA ARMSTRONG; SUZY SCHARES Cc: JEANE DIEHL; RICK CURRAN; MARK GALLAGHER; BILL BACHMAN; DENNIS CLARK Subject: FW: Agenda Item Importance: High Hi Maria, Attached is another Council form for next Monday. Thanks! Paul 7/18/2012 CITY OF WATERLOO Council Communication City Council Meeting:July 23, 2012 Prepared: lulu 12, 2012 Dept. Head Signature: PH # of Attachments: SUBJECT: 2012 SULLIVAN PARK SHELTER PROJECT Submitted by: Rick Curran, Facilities Manager, Leisure Services Recommended City Council Action: To Request the Council for Acceptance and Authorize Final Payment in the amount of Fifty One Thousand, Nine Hundred Fifty Six dollars and 00/100 ($51,956.00) for work completed by B&B Builders &Supply of Waterloo, Iowa for the 2012 SULLIVAN PARK SHELTER PROTECT. Summary Statement: This project is to construct an octagon shelter at Sullivan Park, East 4`'' Street&Adams Street, Waterloo Iowa. Expenditure Required: $51,956.00 Source of Funds: Project cost will be funded by a combination of Leisure Services-Park Improvement, G.O. Bond Fund and Waterloo Community Development Block Grant. Policy Issue: NA Alternative: NA Background Information: Waterloo Community Development Block Grant contract signed July 1, 2011 in the amount of$27,500.00, with completion date June 30, 2012. Contract awarded by Council March 19, 2012. MARIA ARMSTRONG From: PAUL HUTING Sent: Tuesday, July 17, 2012 9:39 AM To: MARIA ARMSTRONG Cc: JEANE DIEHL; MADONNA WELSH; BILL BACHMAN; RICK CURRAN Subject: FW: Agenda Item Importance: High Maria, Attached is a Council Communication for Monday's agenda. Thanks! Paul 7/18/2012 CITY OF WATERLOO Council Communication City Council Meeting:July 23, 2012 Prepared: July 12, 2012 Dept. Head Signature: Bradley Hagen 16r #of Attachments: 1 SUBJECT: Approval of IDOT Pavement Maintenance Grant in the amount of$10,000 for pavement maintenance at Waterloo Regional Airport. Submitted by: Bradley Hagen,Airport Director Recommended City Council Action: Approval of IDOT Pavement Maintenance Grant in the amount of$10,000 for pavement maintenance at Waterloo Regional Airport. Summary Statement Expenditure Required: N/A Source of Funds: 70%($10,000) IDOT Grant - 30% ($4,285)Airport Operations Budget Policy Issue Alternative Background Information: This grant is to fund 70% of the pavement maintenance work at Waterloo Regional Airport. The Airport is required to conduct pavement maintenance as a grant assurance with federal grants and to provide extend pavement maintenance. The work will consist of crack filling in runways, taxiways, ramps and other airport surfaces. CITY OF WATERLOO Council Communication City Council Meeting:July 23, 2012 Prepared: July 12, 2012 Dept. Head Signature: Bradley Hagen II # of Attachments: 1 SUBJECT: Approval of IDOT Commercial Service Vertical Infrastructure Program (CSVI) grant agreement in the amount of$103,021 for rehabilitation of hangars for Waterloo Regional Airport. Submitted by: Bradley Hagen,Airport Director Recommended City Council Action:Approval of IDOT Commercial Service Vertical Infrastructure Program (CSVI) grant agreement in the amount of$103,234 for rehabilitation of hangars for Waterloo Regional Airport. Summary Statement Expenditure Required: S103,234 Source of Funds: 100% ($103,234) from IDOT grant Policy Issue Alternative Background Information: The Waterloo Regional Airport has been offered a grant from IDOT to fund 100% of eligible costs to rehabilitate our hangars. In past years, we have replaced hangar doors and this is a continuation of the program rehabilitating sidewalls and roofs of our T-hangars. The Airport owns three T-hangars and 6 corporate hangars. CITY OF WATERLOO Council Communication City Council Meeting: July 22, 2012 Prepared: July 17, 2012 Dept. Head Signature # of Attachments: SUBJECT: Recommendation -Award of Bid to Bituminous Materials & Supply L.P. for FY2013 Seal Coat Program Emulsions Submitted by: Mark Rice, Public Works Director Recommended City Council Action: Approval Summary Statement: Recommendation—Award of Bid to Bituminous Expenditure Required: Est: $155,000 Source of Funds: 205-19-7110-1513 Policy Issue: N/A Alternative: N/A Background Information: It is my recommendation that the bid received from Bituminous Materials in the amounts listed below be accepted. Bids received were: ,oto &FL (,(0oo o _ i� oov �w� 5,coo 6m- VENDOR LOCATION HFMS- CRS-2P CSS-1 HFE-300 2S Bituminous Des Moines, IA Materials $2.08 $2.43 $0.98 $2.08 Flint Hills Dubuque, IA Resources $2.34 $2.44 No Bid $2.34 4.Aj1 1F•• 1111, ��. CITY OF WATERLOO , IOWA �^ m 0-14,1111. 11,7 COMMUNITY PLANNING AND DEVELOPMENT t 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319)291-4366 Fax(319)291-4262 er10O NOEL C.ANDERSON,Community Planning&Development Director Council Communication Mayor City Council Meeting: July 23, 2012 BUCK CLARK Prepared: July 16, 2012 Dept. Head Signature: 4u- # of Attachments: 14 COUNCIL MEMBERS SUBJECT: Request by Deer Creek Development, LLC for the Preliminary and DAVID Final Plat of Greenbelt Centre Plat No. 5, generally located at the southwest corner JONES of W Ridgeway Avenue and Titan Trail, for the purpose of future development. Ward I CAROLYN Submitted by: Aric Schroeder, City Planner COLE Ward 2 Recommended City Council Action: Approval HAROLD GETTY Summary Statement: Transmitted herewith is the request by Deer Creek Ward 3 Development, LLC, for the Preliminary and Final Plat of Greenbelt Centre Plat QUENTIN No. 5, located at the southwest corner of W Ridgeway Avenue and Titan Trail, for HART the purpose of future development. Also, due to staff requesting approval of both Ward 4 the Preliminary and Final Plat at the same City Council meeting, the City Council would need to approve a variance to the requirements of the Subdivision RON WEEPER Ordinance in Section 2.3 (1). Please find attached the following documents: Ward 5 o Staff report BOB ° Aerial photograph of the area GREENWOOD ° At-Large Preliminary and Final Plats o Deed of Dedication STEVE ° Certificate of Survey SCHMITT ° At-Large Petition and Waiver o Contract o Report of the City Engineer(to be submitted prior to Council) The Preliminary and Final Plat consists of 12 lots, containing a total of 16.86 acres of land, located just west of Titan Trail, between Deer Creek Plat No 2 and Greenbelt Centre Plat No 3. The intention of the platting is to create lots for future development. The land currently exists as two unplatted lots containing 46.46 acres, and the platting will create 12 lots, ranging from just under 1 acre in size up to 1.63 acres in size. Within lots 3, 4, 9, and 10 there is a 75'drainage easement shown to allow for water drainage.Approximately 2/3rds of the plat is located within the Zone AE 100-year floodplain, and therefore floodplain regulations for CITY WEBSITE: wwwci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer building construction must be adhered to. One of the requirements is that the building must be elevated to a point that is no less than one foot above the calculated 100-year floodplain elevation. Therefore,we would ask that the City Council adopt a resolution approving a variance to the requirements of the Subdivision Ordinance in Section 2.3 (1) Final Plat Submittal, and approve the Preliminary and Final Plat of Greenbelt Centre Plat No. 5. Expenditure Required: N/A Source of Funds: N/A Policy Issue: Land Use Alternative: Background Information: Deer Creek Development, LLC has had lots available for development within this business park for several years. The lots to be platted will be created to attract additional development to this area. cc: Noel Anderson,Community Planning and Development Director Eric Thorson,City Engineer Dennis Gentz,Assistant City Engineer --file-- June 5,2012 REQUEST: REQUEST FOR THE PRELIMINARY AND FINAL PLAT OF GREENBELT CENTRE PLAT NO. 5 APPLICANT(S): Deer Creek Development, LLC. GENERAL The request is for the preliminary and final plat of Greenbelt DESCRIPTION: Centre Plat No 5, for the development of a 12-lot subdivision located just west of Deer Creek Plat No 2 and Titan Trail. SURROUNDING The request would not appear to have a negative impact on LAND USES AND the surrounding area, and approval of the plat would allow for IMPACT ON future development of the business park. NEIGHBORHOOD: North — City-owned undeveloped land, zoned "M-1" Light Industrial District. South —Vacant land available for development, zoned "B-P" Business Park District. East—Vacant land available for development, zoned "B-P" Business Park District. West—Vacant land available for development, zoned "B-P" Business Park District. VEHICULAR & The plat will have street frontage along W Ridgeway Avenue PEDESTRIAN (Minor Arterial) to the north, Titan Trail (Local Street) to the TRAFFIC east and the extension of Athens Drive running between the CONDITIONS: lots. Titan Trail and Athens Drive adjacent to this property have not been constructed as of yet, but will be extended to once a development is proposed. Highways 63 and 20 are located within the immediate area and are classified as Principal Arterials. RELATIONSHIP TO The Sergeant Road Recreational Trail is located to the east of RECREATIONAL the area in question. TRAIL PLAN: ZONING HISTORY The property in question is zoned "B-P" Business Park FOR SITE ANID District, and has been zoned as such since 03/03/08. IMMEDIATE VICINITY: Previously, the property was zoned "M-2, P" Planned Industrial District. Properties to the north are zoned "M-1" Light Industrial District, while properties to the east, south and west are zoned "B-P" Business Park District. BUFFERS There appears to be no need for additional screening and REQUIRED/ NEEDED: buffering of the plat from surrounding land uses. DRAINAGE: When the property is ready to be developed, it will be necessary to submit a storm water detention and calculations plan. DEVELOPMENT The business park has been developing over the past 5 years. HISTORY: FLOODPLAIN: Approximately 2/3rds of the property is located in the zone AE 100-year flood zone as indicated by the Flood Insurance Rate 06-05-12 Preliminary and Final Plat of Greenbelt Centre Plat No 5.doc Map. Any construction taking place within the 100-year floodplain must adhere to all floodplain regulations, including elevating the structure 1-foot above the base flood elevation. PUBLIC /OPEN The Leonard Katoski Greenbelt is located SPACES/ SCHOOLS: property. west of the UTILITIES: WATER, There is 8" sanitary sewer line located within the tract SANITARY SEWER, reserved for the future extension of Titan Trail and a 6" service STORM SEWER, line that serves the lot in question. There is also a 12" water ETC. line located within the same tract. There is also an 8" sanitary sewer located within Athens Drive. RELATIONSHIP TO The Future Land Use Map (February 3, 2003) designates this COMPREHENSIVE site as Industrial. The request to plat the lot for industrial or LAND USE PLAN: office use would be compatible with the Future Land Use Map. The site is located within the Primary Growth Area as shown on the Growth Area Map within the Comprehensive Plan. STAFF ANALYSIS — The Preliminary and Final Plat consists of 12 lots, containing a ZONING total of 16.86 acres of land, located just west of Titan Trail, ORDINANCE: between Deer Creek Plat No 2 and Greenbelt Centre Plat No 3. The intention of the platting is to create lots for future development. The land currently exists as two unplatted lots containing 46.46 acres, and the platting will create 12 lots, ranging from just under 1 acre in size up to 1.63 acres in size. Within lots 3, 4, 9, and 10 there is a 75' drainage easement shown to allow for water drainage. Approximately 2/3rds of the plat is located within the Zone AE 100-year floodplain, and therefore floodplain regulations for building construction must be adhered to. One of the requirements is that the building must be elevated to a point that is no less than one foot above the calculated 100-year floodplain elevation. STAFF ANALYSIS — The Subdivision Ordinance requires that Preliminary and Final SUBDIVISION Plat submissions include such criteria such as boundaries of ORDINANCE: property, proposed streets, easements, and widths of right-of- way, contours, and utility locations. It would appear that the plats contain all necessary information. STAFF Therefore, staff recommends that the Preliminary and Final RECOMMENDATION: Plats of Greenbelt Centre Plat No 5 be approved for the following reasons: 1. The plat is in accordance with the Subdivision Ordinance, and can be served by the extension of existing utilities. 2. The plat is in accordance with the Comprehensive Plan and Future Land Use Map. 06-05-12 Preliminary and Final Plat of Greenbelt Centre Plat No 5.doc Page 2 of 2 Request For The Preliminary and Final Plat Of Greenbelt Centre Plat No. 5 tt 2m, Ate . ,.' 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I 11 111 (� ��C• .' �0 III \ Rpt l I H — f — \" ��� I I r N VPs PRELIMINARY PLAT `��\ V1 Engineering drawn 5-31-12 I te =1100 ' Ov GREENBELT CENTRE PLAT NO.5 I 1501 Technology Parkway �y.J7LL by co.., CITY OF WATERLOO,IOWA Cedar Falls, Iowa - 319-266-5829 opprmd by rm.ons oats ‘L`15..'• ' iIR'm ;it' .�.'m.a8E8zmm8S 'm D-<M> fil 1, 1111 ill' :i'g �a 0°g Kir! !74 eq11111771A !I a„ !!st 'Fg “ 1 II ,V- isle §m 11= a.tm%�ksz,j sl D�mD id Ftd '6 € o off; agiVis �>EH t; - 41I a"--E3isImo sia 7C—I ;[ sNmU=9gill gmNm -- nxm fiv 0E, E^ So1P�',3L13N np - m � � Si '8: ;i& .2—.,.,2---42,5, am — r aF4e0 D _44` 4 �� I �mm>;Ns1lg Z IR14Na ❑ ` "� I1S II � :1 : Sa .a m ''m @.5$ a a � ill 21§ >... a VIII 8m 'aw"8sl S _ I soNPmn m8z ,,ra to URIR s..... .. se.'M'ME y3' S _ 14 . gas 6-Zaal Z1 ea ifE $ L szza --J mw _� 5�1 $ 1E2 _� ll A II sm' s11 am s II 11 IP 11 tR IIII11 I a mNG 1I- I z' a d I N R4V 1 1 r u 4)' P • I ;0G'°L°°e ii li�1I 0 A� DI r_ B gso E 1 B g8. 11 D �1 i l' D o A 11 1 I ` s < 3.05.8.405 ...OS 1I°Z I " m g N I ' P1 nN9A = 5 _ : _ J ' B. iL di ° i'a"11 N o B AV l 0 A 11 g8" ,---0 -- +1- m I+ , =,§ I ii ° jl orm I I 1 L6 xuvems I I ' C. 1 ascm�.s V o R ll I r` ,.. 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I t! ,wrm,3AA „.uwn s sz uz _._.�J L_. _. ..... �n y{I i Y i Y\ ._ TITAN TRAIL ez.00s I Gam' �� � 11. 1 s gil Pawn by date stole ^) FINAL PLAT VJ Engineering .n.5 by 5-51-12 t .00.o MAP EASEMENT eecna»UHF eroACREAGE s ,ar .sm,: O GREENBELT CENTRE PLAT NO.5 1501 Technology Parkway ` W `N CITY OF WATERLOO,IOWA Cedar Falls,Iowa - 319-266-5829 oppr I by rw410115 date/ Prepared by: Richard R.Moms, 620 Lafayette Street,Ste. 300,Waterloo,IA 50703 (319)234-1766 DEED OF DEDICATION OF GREENBELT CENTRE PLAT NO.4,WATERLOO,IOWA KNOW ALL MEN BY THESE PRESENTS: That Deer Creek Development,L.L.C.,an Iowa limited liability company,with its principal office in Waterloo,Iowa,being desirous of setting out and platting into lots and streets the land described in the attached Certificate of Survey by Wendell J.Lupkes,a licensed land surveyor,dated the 12th day of June, 2012, do by these presents designate and set apart the aforesaid premises as a subdivision of the City of Waterloo,Iowa,the same to be known as: GREENBELT CENTRE PLAT NO. 4, WA I'ERLOO,IOWA, all of which is with the free consent and the desire of the undersigned and the undersigned do hereby designate and set apart for public use the streets and avenues as shown upon the attached plat. EASEMENTS The undersigned do hereby grant and convey to the City of Waterloo,its successors and assigns, and to any private corporation,firm or person furnishing utilities for the transmission and/or distribution of water,sanitary sewer,storm sewer,drain tile,surface drainage,gas,electricity,communication service or cable television, perpetual easements for the erection, laying, building, and maintenance of said services over, across, on and/or under the property as shown on the attached plat. RESTRICTIONS Be it also known that the undersigned do hereby covenant and agree for themselves and their successors and assigns that each and all of the lots in said subdivision be and the same are hereby made subject to the following restrictions upon their use and occupancy as fully and effectively to all intents and purposes as if the same were contained and set forth in each deed of conveyance or mortgage that the undersigned or their successors in interest may hereinafter make for any of said lots and that such restrictions shall run with the land and with each individual lot thereof for the length of time and in all particulars hereinafter stated, to-wit: 1. A site plan shall be prepared in accordance with Part B of the"M-2,P"Planned Industrial District provisions of the City of Waterloo,Iowa,Zoning Ordinance No.2479,as amended and updated. 2. The following uses shall not be permitted in this subdivision: A. Slaughter house or stock yards. B. Manufacturing or wholesale stage of acids. C. Cement, lime gypsum, or plaster of paris manufacture. D. Distillation of bones. E. Explosive manufacture or storage. F. Fat rendering. G. Fertilizer manufacture. H. Garbage,refuse or dead animal reduction or dumping. I. Gas manufacturing and cylinder recharging. J. Glue,size or gelatin manufacturing. K. Refining or wholesale storage of petroleum or petroleum products. L. Manufacturing of rubber goods. M. Sand or gravel pits. N. Smelting of tin, copper, zinc,or iron ores. O. Transmitting stations. P. Waste paper yard. Q. Wholesale storage of gasoline. 3. At such time as any structure is or has previously been constructed on any lot, combination of lots,or portion of lots,in said subdivision,a concrete sidewalk will be constructed along all street frontage(s) as follows: A. The north side of Athens Drive and the east side of Cyclone Drive. That a Portland cement concrete sidewalk and a hard surfaced driveway approach will be installed during or immediately after the construction,but before issuance of an Occupancy Permit from the City of Waterloo,Iowa,and that the sidewalk will be constructed across the full length of the north side of Athens Drive and the east side of Cyclone Drive,and extend to match the end of existing sidewalk(s) on adjoining lots where sidewalk already exists. Said sidewalk shall also be required to be constructed across all street frontages of two or more adjoining lots, or portions thereof, when any owner has acquired said two or more adjoining lots, or portions thereof, upon construction upon one or more lots,or portions thereof, all as required by the City of Waterloo,Iowa. 4. There shall be direct access to Cyclone Drive from Lot 1 as approved by the City of Waterloo. There shall be direct access to Greyhound Drive from Lot 2 as approved by the City of Waterloo. There shall be no direct access to W. Ridgeway Avenue from either Lot 1 or Lot 2. 5. The undersigned and all persons and corporations hereafter acquiring any right,title or interest in any of the lots in said subdivision shall be taken and held to have agreed and covenanted with 2 the owners of all other lots in this subdivision and with the respective successors and assigns of all of the rest of such other lots to conform to and observe all of the foregoing covenants, restrictions and stipulations as to the construction of building thereon for a period of twenty-one(21)years from the date of filing of said plat and this deed of dedication for record. Within the period of twenty-one(21)years and in accordance with Iowa Code Chapter 614.24 and 614.25 (2011 Code of Iowa)or their successor provisions,these covenants,restrictions and stipulations shall be automatically extended for an additional period of twenty-one(21)years upon compliance with Chapter 614.24 and Chapter 614.25 of the 2011 Code of Iowa. In the event an extension of the covenants,restrictions and stipulations is not filed within the period of twenty-one(21) years or successive 21-year period, then the covenants, restrictions and stipulations contained herein shall terminate at the end of the existing period of twenty-one(21)years. 6. All subsequent owners of lots in the subdivision shall be obligated to meet any requirements imposed by the Commissioners of the Black Hawk County Conservation District or any other governmental agency, by the authority of Chapter 161A, Code of Iowa, pertaining to soil erosion control plans for certain land distributing activities. This covenant shall be perpetual and not be governed by the provisions of Paragraph 5 of this Deed of Dedication. SIGNED and DATED this day of , 2012. DEER CREEK DEVELOPMENT, L.L.C. By Harold L. Youngblut,Manager STATE OF IOWA ) ) ss. COUNTY OF BLACK HAWK ) This instrument was acknowledged before me on , 2012,.by Harold L. Youngblut as Manager of Deer Creek Development,L.L.C. Notary Public in and for the State of Iowa 3 Prepared by Wendell J.Lupkes,L.S.,VJ Engineering,1501 Technology Parkway,Cedar Falls,Iowa 50613 SURVEYOR'S CERTIFICATE GREENBELT CENTRE PLAT NO.5 CITY OF WATERLOO, BLACK HAWK COUNTY,IOWA I certify that during the month of May,2012,at the direction of Deer Creek Development Corp., a survey was made,under my supervision,of the tract of land to be known as"Greenbelt Centre Plat No.3,City of Waterloo,Black Hawk County,Iowa",as shown on the attached plat,and the boundary of which is more particularly described as follows: That part of the Northeast Fractional Quarter of Section Six(6),Township Eighty-eight(88) North,Range Thirteen(13)West of the 5th P.M.,Waterloo,Black Hawk County,Iowa, described as follows: Commencing at the North Quarter corner of said Section Six(6);thence N89°10'02"E 630.04 feet along the North line of said section;thence S00°28'46"E 112.26 feet to the South right-of- way line of West Ridgeway Avenue and the point of beginning,said point also being the Northeast corner of Lot 2,Greenbelt Centre Plat No.3;thence continuing S00°28'46"E 366.31 feet along the East line of said Lot 2 to the Southeast corner of said Lot 2;thence N89°31'10"E 60.00 feet along the North right-of-way line of Athens Drive;thence S00°28'46"E 60.00 feet to the South right-of-way line of Athens Drive and the Northeast corner of Lot 3,Greenbelt Centre Plat No.3;thence continuing S00°28'46"E 272.25 feet along the East line of said Lot 3 to the Southeast corner of said Lot 3;thence N89°31'10"E 1001.13 feet to the West right-of-way line of Titan Trail;thence N00°28'50"W 717.88 feet to the South right-of-way line of West Ridgeway Avenue;thence S88°00'01"W 526.22 feet along the said South right-of-way line;thence N00°49'28"W 10.01 feet;thence S89°10'33"W 379.53 feet along the said South right-of-way line;thence S84°42'05"W 156.05 feet along the said South right-of-way line to the point of beginning containing 16.856 acres subject to easements and restrictions of record. I further certify that the Plat as shown is a correct representation of the survey and all corners will be marked as indicated. Wendell J.Lupkes IA Lic.No. 12088 Date Subscribed and sworn before me this day of 20 Notary Public,in and for the State of Iowa 1 PETITION AND WAIVER THIS AGREEMENT made and entered into by and between the City of Waterloo, Iowa, hereinafter called the City, and the undersigned property owners in said City, hereinafter called the Property Owners,WITNESSETH: WHEREAS, each of the Property Owners is respectively the owner of the tracts of real estate set opposite their names; and WHEREAS,the City proposes to construct public improvements in said City; and WHEREAS, the undersigned Property Owners desire that the improvements be constructed to benefit their respective properties hereinafter described opposite their names, the general description and location of said improvements being as follows: sanitary sewers, storm sewers, curb and gutter and concrete street paving in Greenbelt Centre Plat No. 5, in the City of Waterloo,Black Hawk County, Iowa. The properties to be assessed are described as follows: Lots One(1)through Twelve (12) of Greenbelt Centre Plat No. 5, Waterloo, Black Hawk County, Iowa. NOW, THEREFORE BE IT AGREED AMONG THE PARTIES HERETO AS FOLLOWS: As soon as practicable the City shall have the right to cause said above-described improvements to be constructed in accordance with in all respects, with such plans and specifications for the above-described improvements as it shall deem appropriate. The construction of said improvements shall be under the supervision of an engineer to be selected at the discretion of the City. For the purpose hereinbefore set out, the City may elect to enter into contract for the construction of said improvements as a part of the contract for a public improvement project made pursuant to advertisement for bids done prior to the receipt of this instrument by the Council,if authorized by Section 384.41(2)of the City Code of Iowa. In consideration of the construction of the said improvements, the undersigned Property Owners hereby waive the Resolution of Necessity and publication of Notice thereof, the Resolution ordering the work, the advertisement for bids, and the publication of Notice thereof, and all other legal formalities of whatsoever kind or character required by the laws of Iowa to be observed by cities in the construction of said improvements where the expense of such improvements is to be assessed again the abutting or adjacent property. The undersigned Property Owners each and all hereby expressly waive each and every question of jurisdiction,the intention of the Property Owners being to authorize and direct said City to construct the said improvement without any of the formalities or legal proceedings required of cities by the statutes of Iowa in constructing said improvements. The express intention of each of the undersigned Property Owners being that said above-described improvements shall be constructed as aforesaid as if each and every legal requirement pertaining thereto was fully and faithfully observed and performed. It is further agreed that said City may make a contract for construction of the above- described improvements, as herein provided and that when said improvements have been constructed in accordance with the plans and specifications for the said improvements, to be adopted by the Council, that said City by and through its Council may make assessments against the properties of the undersigned Property Owners for the entire cost of the construction of said improvements, including the cost of engineering, supervision, and preparation of assessment schedule, and that said assessments so made shall be a lien upon the properties hereinafter described of the undersigned Property Owners, and each of the undersigned Property Owners hereby agrees to pay the amount which is thus assessed against his property, and said assessment shall have the same legal force and effect as if all the legal formalities provided by law in such cases had been fully and faithfully performed and observed. Each of the undersigned Property Owners hereby expressly waive every objection to said assessment. Said assessment shall be paid by the undersigned Property Owners within the time provided by the laws of Iowa for the payment of special assessments for such improvements. The amount and proportion of the cost of said improvements, to be paid by the several Property Owners, shall be ascertained and determined by the Engineers and by them reported to the City Council which shall make such changes or alterations in said assessment as should be made and when said assessments are finally passed by the Council and by it levied, they shall constitute the assessments against the said properties in all respects and with all the effect that they would have pertaining to public improvements to be paid for by special assessments, had been fully observed. Said assessments shall be paid by the undersigned Property Owners within the time provided by law for the payment of special assessments for such improvements, and improvement bonds may be issued by the City payable out of said assessments. Said Property Owners hereby authorize ,the Council of the City of Waterloo, Iowa, to pass any Resolution requisite or necessary to order and secure said improvements, to provide for the construction of the same and to make the assessments herein provided for,without further notice to said Property Owners, or any of them, and any such Resolution may contain recitals that said improvements are ordered or made by the Council without petition of property owners, without in any way qualifying this petition or releasing the Property Owners from their obligation to pay the assessments levied against their property for the cost of said improvements. Each Property Owner warrants that his real estate described below is free and clear of all liens and encumbrances other than for ordinary taxes, except for such liens as are held by lienholders hereinafter listed and designated as signers of this Petition and Waiver. Each Property Owner further agrees to subordinate the sale of any part of his said property to the terms of this Petitioner and Waiver, and, upon failure to do so, to pay the full amount of the assessment on demand. Each lienholder designated below, by execution of this Petition and Waiver, agrees and consents that his lien or liens shall be subordinated to the lien of the assessments levied pursuant hereto. Property Owners agree that this Petition and Waiver shall be effective and binding from and after the approval hereof by resolution of the City Council. IN WITNESS WHEREOF, we have hereunto affixed our signature this day of , 2012. DEER CREEK DEVELOPMENT, L.L.C. (Property Owner) By: Harold L. Youngblut, Manager STATE OF IOWA ) ) ss: COUNTY OF BLACK HAWK ) On this day of , 2012, personally appeared Harold L. Youngblut, as Manager of Deer Creek Development, L.L.C. Notary Public in and for the State of Iowa Consented to Petition and Waiver by FARMERS STATE BANK By Scott D. Becker,Business Development Officer STATE OF IOWA ) ss. COUNTY OF BLACK HAWK ) This instrument was acknowledged before me on , 2012, by Scott D. Becker as Business Development Officer of Farmers State Bank. Said person acknowledges that the corporation has no seal which is affixed hereto. Notary Public in and for said State CONTRACT This Agreement entered into this day of , 2012, by the City of Waterloo, Iowa, hereinafter referred to as First Party and Deer Creek Development, L.L.C.,hereinafter referred to as Second Party. THAT WHEREAS, the Second Party has filed with the City Plan and Programming Commission of the City of Waterloo, Iowa, a final plat which must be approved by the City Council of Waterloo,Iowa; and WHEREAS, said addition is to be known as Greenbelt Centre Plat No. 5, in the City of Waterloo, Black Hawk County, Iowa; and WHEREAS, it is the desire of the City Council of the City of Waterloo, Iowa, that sanitary sewers, storm sewers, curb and gutter, concrete street paving and concrete sidewalks be installed throughout said addition and that the streets in said addition be brought to grade acceptable to the Council of the City of Waterloo, Iowa, and that all work above referred to be done under the supervision and direction of the City Engineer of Waterloo, Iowa; and WHEREAS, Second Party is unable to complete the installation of said above referred to improvements and the grading of the streets in said addition at this time and desires, in lieu of completion of said improvements to enter into this Agreement with the City of Waterloo, Iowa, providing for the completion of said improvements within a fixed period of time. NOW, THEREFORE, it is agreed as follows: that in consideration of the approval by the City Council of the City of Waterloo, Iowa, of the above-described final plat, Second Party at its sole expense, agrees to bring the streets in said addition to such grade as is now or shall hereafter be established by the City Council and the City Engineer of Waterloo, Iowa, and to install and construct throughout said addition the sanitary sewers, storm sewers, curb and gutter, concrete street paving and concrete sidewalks, all in accordance with the preliminary plat,heretofore filed with the City Plan and Program Commission and with the City Clerk of Waterloo, Iowa, and it is further agreed that the actual construction of said improvements shall be done in the manner provided by law and in accordance with the City Ordinances pertaining thereto and under the supervision of the Office of City Engineer of Waterloo,Iowa. IT IS FURTHER AGREED, that concurrently with the execution of this Contract Second Party has executed and caused to be filed with the City of Waterloo, Iowa, his request for sanitary sewer, storm sewer, curb and gutter, street paving and sidewalk construction Petition and Waiver of Notice, Hearing and Assessments thereon for the sole purpose of allowing the City of Waterloo to proceed to construct the said public improvements and assess the costs thereof against the benefited party of the addition in the event that Second Party fails to comply with the provisions of this Contract. IT IS FURTHER AGREED, that said improvements shall be completed no later than the day of , 2012, and the City of Waterloo is hereby specifically authorized to proceed to have any improvement covered by this Agreement completed any time after said date. WITNESS our signatures hereto this day of , 2012. DEER CREEK DEVELOPMENT, L.L.C. CITY OF WATERLOO, IOWA By: By: Harold L. Youngblut,Member/Manager Buck Clark,Mayor SECOND PARTY ATTEST: By: Suzy Schares, City Clerk FIRST PARTY 2 MARIA ARMSTRONG From: SHANE GRAHAM Sent: Wednesday, July 18, 2012 4:24 PM To: MARIA ARMSTRONG Subject: Greenbelt Centre Plat No 5 Maria, Attached is an additional document from the Engineer's Office that we were waiting on to include with the Council Communication for the Preliminary and Final Plat of Greenbelt Centre Plat No. 5. If you have any questions,just let me know. Thanks, 20401, 944./taim Planner II/Black Hawk County Zoning Administrator City of Waterloo Community Planning&Development Depai tinent 715 Mulberry Street Waterloo,IA 50703 Phone:(319)291-4366 Fax:(319)291-4262 www.cityofwaterlooiowa.com 7/18/2012 ,droo-e; „ CITY OF WATERLOO C IOWA ,por, 414,11•°"" WATERLOO ENGINEERING DEPARTMENT 715 Mulberry Street • 'Waterloo, A60703 • (319)291-4312 Fax(319)291-4262 ERIC THORSON,P.E. * City Engineer email:city.ongineer@waterino-ia.org -/' Mayor July 17, 2012 BUCK CLARK 9131 COUNCIL MEMBERS 9641 Aric Schroeder, City Planner Planning, Programming & Zoning Commission DAVID Waterloo City Hall JoNEs Ward 1 Waterloo, IA 50703 CAROLYN COLE RE: PRELIMINARY PLAT Ward 2 GREENBELT CENTRE PLAT NO. 5 HAROLD GETrY Dear Arlo: Ward.3 QUENTIN M. This preliminary plat has been reviewed, and it has been determined that it HART meets the requirements of the applicable portions of Section 3, 4 and 5 of Ward 4 Ordinance 2997, Subdivision Ordinance. RON WELPER It is recommended that this preliminary plat be approved. Ward 5 Sincerely,, BOB GREENWOOD 4 1f A:-Lar ,Ø/ge ' STEVE SCHMITT At-Large Dennis J. entz, P.E. Assistant City Engineer _ CITY WEBSITE:www.cityofwaterlooiowa.com — _ WE'RE WORKING FOR YOU! An Equal OpportuntdAtfirmattve Action Employer CITY OF WATERLOO , IOWA X ''' .4\-$''64-'- -, , -op r. i 4 oh ( WATERLOO ENGINEERING DEPARTMENT 715 Mulberry Street * Waterloo,IA 50703 * (319)291-4312 Fax(319)291-4262 ERIC THORSON,P.S. • City Engineer email:city,engineerriSwaterloo•ia.org July 17, 2012 Mayor BUCK CLARK 9131 9641 COUNCIL MEMBERS Aric Schroeder, City Planner Planning, Programming &Zoning Commission Waterloo City Hall DAVID Waterloo, IA 50703 JoNE S Word I CAROLYN RE: FINAL PLAT COLE GREENBELT CENTRE PLAT NO. 5 reVard 2 HAROLD Dear Aric: GETTY Hard 3 This final plat has been reviewed, and it has been determined that it meets the QUENTIN M. requirements of the applicable portions of Section 3, 4 and 5 of Ordinance HART 2997, Subdivision Ordinance. Ward 4 RON It is recommended that this final plat be approved. WELPER Ward 5 SinCer: 4 , 1 1 - GREENWOOD Dennis ,I1Gentz, P.E. s i EVE elimirr Assistant City Engineer At-Large CITY WEBSITE:www.cityonvaterlooiowaxom WERE WORKING FOR YOU! An Equal OpportunitylAffirmative Action Employer MARIA ARMSTRONG From: SHANE GRAHAM Sent: Wednesday, June 13, 2012 3:48 PM To: MARIA ARMSTRONG Cc: SUZY SCHARES Subject: Greenbelt Centre Plat No 4 Hi Maria, This morning a council communication form was sent down for the approval of the preliminary and final plat of Greenbelt Centre Plat No. 4. I had attached a deed of dedication to that form, but Engineering had several corrections that they wanted made to it. I got the revised deed of dedication back from their attorney, which is attached. Let me know if you have any questions. Thanks, Swaim 9244,0 Planner II/Black Hawk County Zoning Administrator City of Waterloo Community Planning&Development Department 715 Mulberry Street Waterloo,IA 50703 Phone:(319)291-4366 Fax:(319)291-4262 www.cityofwaterlooiowa.com 8/9/2012 S 6L Prepared by: Richard R.Morris,620 Lafayette Street, Ste. 300,Waterloo,IA 50703 (319)234-1766 DEED OF DEDICATION OF GREENBELT CENTRE PLAT NO. 5,WATERLOO, IOWA KNOW ALL MEN BY THESE PRESENTS: That Deer Creek Development,L.L.C.,an Iowa limited liability company,with its principal office in Waterloo,Iowa,being desirous of setting out and platting into lots and streets the land described in the attached Certificate of Survey by Wendell J.Lupkes,a licensed land surveyor,dated the 12th day of June, 2012, do by these presents designate and set apart the aforesaid premises as a subdivision of the City of Waterloo,Iowa,the same to be known as: GREENBELT CENTRE PLAT NO. 5, WATERLOO,IOWA, all of which is with the free consent and the desire of the undersigned and the undersigned do hereby designate and set apart for public use the streets and avenues as shown upon the attached plat. EASEMENTS The undersigned do hereby grant and convey to the City of Waterloo,its successors and assigns, and to any private corporation,firm or person furnishing utilities for the transmission and/or distribution of water,sanitary sewer,storm sewer,drain tile,surface drainage,gas,electricity,communication service or cable television, perpetual easements for the erection, laying, building, and maintenance of said services over,across, on and/or under the property as shown on the attached plat. RESTRICTIONS Be it also known that the undersigned do hereby covenant and agree for themselves and their successors and assigns that each and all of the lots in said subdivision be and the same are hereby made subject to the following restrictions upon their use and occupancy as fully and effectively to all intents • and purposes as if the same were contained and set forth in each deed of conveyance or mortgage that the undersigned or their successors in interest may hereinafter make for any of said lots and that such • • restrictions shall run with the land and with each individual lot thereof for the length of time and in all particulars hereinafter stated, to-wit: 1. A site plan shall be prepared in accordance with Part B of the"M-2,P"Planned Industrial District provisions of the City of Waterloo,Iowa,Zoning Ordinance No.2479,as amended and updated. 2. The following uses shall not be permitted in this subdivision: A. Slaughter house or stock yards. B. Manufacturing or wholesale stage of acids. C. Cement, lime grypsum,or plaster of paris manufacture. D. Distillation of bones. E. Explosive manufacture or storage. • F. Fat rendering. G. Fertilizer manufacture. H. Garbage,refuse or dead animal reduction or dumping. I. Gas manufacturing and cylinder recharging. J. Glue, size or gelatin manufacturing. K. Refining or wholesale storage of petroleum or petroleum products. L. Manufacturing of rubber goods. M. Sand or gravel pits. N. Smelting of tin, copper,zinc, or iron ores. • O. Transmitting stations. P. Waste paper yard. Q. Wholesale storage of gasoline. 3. At such time as any structure is or has previously been constructed on any lot, combination of lots,or portion of lots,in said subdivision,a concrete sidewalk will be constructed along all street frontage(s)as follows: A. The north side of Athens Drive. That a Portland cement concrete sidewalk and a hard surfaced driveway approach will be installed during or immediately after the construction, but before issuance of an Occupancy Permit from the City of Waterloo,Iowa,and that the sidewalk will be constructed across the full length of the north side of Athens Drive, and extend to match the end of existing sidewalk(s)on adjoining lots where sidewalk already exists. Said sidewalk shall also be required to be constructed across all street frontages of two or more • adjoining lots, or portions thereof, when any owner has acquired said two or more adjoining lots, or portions thereof, upon construction upon one or more • lots, or portions thereof,all as required by the City of Waterloo, Iowa. 4. Lots 1 and 2 shall have access to W. Ridgeway Avenue after construction of a two-way fifth center left turn lane on W.Ridgeway Avenue with said common access located on the common lot lines of Lots 1 and 2 and with access by Lot 3 to said drive created for Lots 1 and 2 giving Lot 3 direct access to W.Ridgeway Avenue as well at the option of the owner of Lot 3. Lots 5 and 6 shall have access to W. Ridgeway Avenue after construction of a two-way fifth center left turn lane on West Ridgeway Avenue with said common access located on the common lot lines of Lots 5 and 6 and with access by Lot 2 4 to said drive created for Lots 5 and 6 giving Lot 4 direct access to W.Ridgeway Avenue as well at the option of the owner of Lot 4. 5. The undersigned and all persons and corporations hereafter acquiring any right,title or interest in any of the lots in said subdivision shall be taken and held to have agreed and covenanted with the owners of all other lots in this subdivision and with the respective successors and assigns of all of the rest of such other lots to conform to and observe all of the foregoing covenants, restrictions and stipulations as to the construction of building thereon for a period of twenty-one(21)years from the date of filing of said plat and this deed of dedication for record. Within the period of twenty-one(21)years and in accordance with Iowa Code Chapter 614.24 and 614.25 (2011 Code of Iowa)or their successor provisions,these covenants,restrictions and stipulations shall be automatically extended for an additional period of twenty-one(21)years upon compliance with Chapter 614.24 and Chapter 614.25 of the 2011 Code of Iowa. In the event an extension of the covenants,restrictions and stipulations is not filed within the period of twenty-one (21) years or successive 21-year period, then the covenants, restrictions and stipulations contained herein shall terminate at the end of the existing period of twenty-one(21)years. 6. All subsequent owners of lots in the subdivision shall be obligated to meet any requirements imposed by the Commissioners of the Black Hawk County Conservation District or any other governmental agency, by the authority of Chapter 161A, Code of Iowa, pertaining to soil erosion control plans for certain land distributing activities. This covenant shall be perpetual and not be governed by the provisions of Paragraph 5 of this Deed of Dedication. SIGNED and DATED this day of , 2012. DEER CREEK DEVELOPMENT,L.L.C. By Harold L. Youngblut, Manager • STATE OF IOWA ) ) ss. COUNTY OF BLACK HAWK ) This instrument was acknowledged before me on , 2012,by Harold L. Youngblut as Manager of Deer Creek Development,L.L,C. Notary Public in and for the State of Iowa 3 ;�- j{`', CITY OF WATERLOO , IOWA fig�►,, 11r 1%// - 1, // COMMUNITY PLANNING AND DEVELOPMENT d '.^' "0 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319)291-4366 Fax(319)291-4262 ter100 ` NOEL C.ANDERSON,Community Planning&Development Director Council Communication Mayor City Council Meeting:JULY 23, 2012 BUCK CLARK Prepared: July 18, 2012 Dept. Head Signature: # of Attachments: COUNCIL MEMBERS SUBJECT: Resolution waiving exercise of right of first refusal to purchase real property DAVID at902 Logan Avenue, also known as the Dunsmore House, from Kaleen J.Hanson, and N JOES affirming continued effectiveness of restrictive covenants and right of first refusal set forth in a deed to Kaleen J. Hanson filed September 8, 2003 as Document No. 2004-08486. CAROLYN COLE Submitted by: Noel Anderson, Community Planning&Development Director Ward 2 HAROLD Recommended City Council Action:Approve resolution with chosen action. GETTY Ward 3 Summary Statement: Transmitted herewith is a request to not exercise first right of QUENTIN refusal on the submitted offer for the historic home at 902 Logan Avenue more commonly HART known as the Dunsmore House and affirming continued effectiveness of restrictive Ward 4 covenants and right of first refusal set forth in a deed to Kaleen J. Hanson filed September RON 8, 2003 as Document No. 2004-08486.These deed restrictions include: "Bruce C. Hanson WEEPER and Kaleen J. Hanson, and their heirs or successors, must use this as a single-family Ward 5 dwelling. Prior written approval from the City of Waterloo must be obtained in any other use will be made of the property.Maintenance and repair work are to be performed in a BOB timely manner.All repairs and/or improvements to the structure are to conform to the GREENWOOD Secretary of the Interior's Standards for Rehabilitation as well as those standards set forth by At-Large the Iowa Historical Society because of the historical significance of this property.The City of STEVE Waterloo shall have a right of first refusal should Bruce C. Hanson and Kaleen J. Hanson, SCHMITT their heirs, successors, or assigns choose to sell the property." At-Large Expenditure Required: None Source of Funds: N/A Policy Issue: Historic Preservation Alternative: Legal Description: AUDITORS RAINBOWS PLAT OF BICKSLERS ADDITION PART OF LOT 64 COMMENCING ATA POINT ON THE WEST LINE OF LOT 64 WHICH IS 42.36 FEET CITY WEBSITE: www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! II An Equal Opportunity/Affirmative Action Employer NORTHERLY OF THE SOUTHWEST CORNER THAN NORTH ON THE WEST LINE 80.64 FEET TO THE NORTHWEST CORNER OF THE LOT THAN EASTERLY 183 FEET TO THE NORTHEAST CORNER OF THE LOT THAN SOUTHERLY ON THE EAST LOT LINE 66.56 FEET THAN SOUTH 82 DEGREES 30 MINUTES 30 SECONDS WEST DISTANCE OF 81.76 FEET THAN NORTHWEST TO BEGINNING AND AUDITORS RAINBOWS PLAT OF BICKSLERS ADDITION SOUTH 50 FEET EAST 53 FEET LOT 62 ALL LOT 63 Background Information: The Dunsmore House was deeded to the City of Waterloo in the 1991. In 1995 the City of Waterloo deeded the house to the Waterloo Art Association(WAA)with restrictions in place that the WAA could not sell the homewithoutpermission of the City, may only use the property for art exhibition, office and storage area and communities and that any repair work must conform to the Secretary of the Interior's Standards for Rehabilitation. In 2003, the WAA could no longer maintain the Dunsmore House and requested to sell the property to Ben and Kaleen Hanson for$20,000. Kaleen Hanson noted that their intention was to restore/repair the home including the interior of the property and upon completion to reside in the property. The City retained a deed restriction that gave them first right of refusal if the property was ever sold.The Hanson's now wish to sell the property for$35,000 to Martha Elena Robles Santana. It is unclear what the proposed owners wish to do with the property once purchased. The Dunsmore House is locally significant as it the only house made of limestone block still extant in the immediate Cedar Falls-Waterloo area, and one of the earliest dwellings still standing in the area.The house was built in 1866 by.Thomas Chadwick, a master stonemason. It's first occupant was John Dunsmore. By 1913, the house had been acquired by F.M. Michel. In 1976 the Waterloo Bicentennial Committee performed some minor restorations on the property and used it as a living history museum.After the Bicentennial Committee completed renovations they deeded the property to a local church,who then deeded it to a social club to use the structure as a African American museum.The church and social club were unable to maintain the home and deeded the property to the City in 1991. cc: Noel Anderson,Community Planning&Development Director Path: K:\USERS\Planning\Adam\Council Letters\letter 902 Logan first right of refusal 7.9.12.doc 98-102 Adapted by the Waterloo-Cedar Falls Board of REALTOBS(10 Revised(0IRO) �)tc.1-• 55 Adopted by the Black Hawk County Bar Association 2009 av7tL'_ LARIZ!* AN-111,t1420 , 40. F, es`s PeacW Box 24_'2,111rAtaer 0o,i owa 50704 '( 19) 291-6300 PURCHASE AG i MEN ` Date June 14th, 2012 TO: Kaleen J Hanson (Seller) eivi FROM: MartharNobles Santana (Buyer) As joint tenants with full rights of survivorship unless otherwise specified. Buyer offers to buy: 902 Logan Ave, Waterloo, Iowa 50703 plus extra lot to north Legally described as: To Long, see abstract SUBJECT TO RESTRICTIVE COVENANTS,ORDINANCES,AND LIMITED ACCESS PROVISIONS OF RECORD IF ANY,AND TO EXISTING EASEMENTS,IF ANY.The property intended to be covered by the terms hereof shall include all buildings,storage sheds,land,rights,easements,and access necessary or appurtenant thereto and owned by Seller.Included,if now in or on said premises and owned by the Seller,are all fixtures including but not limited to:attached carpeting;window shades;blinds;curtain rods and hardware; lighting fixtures and bulbs;ceiling fans;built-in appliances and accessories;TV tower,antenna,rotor and controls;awnings;door chimes;fireplace grates and irons;mailbox,installed sump pumps;garage door openers and controls;and bushes,shrubs and other vegetation.Also included,if not rentals,are satellite dish,water softener and filtration systems,installed alarm devices,propane tanks and all other fixtures not hereinafter reserved by Seller in writing. RESERVED ITEMS: None FOR THE SUM OF$ THIRTY FIVE THOUSAND DOLLARS and No 100's $35,000.00 Earnest money of$ $20,000 to be held in trust by Peachtree Trust Account and the balance in cash tobe paid at closing upon performance of Seller's obligations hereunder.Any interest on trust account shall be forwarded to the Towa Association of REALTORS®Foundation(a charitable non-profit entity),the State of Iowa(if required by law),or as directed and mutually agreed in writing by both Buyer and Seller. Closing to take place on or before Friday ,the 6th day of July 2012 Possession to be given to Buyer at closing or by Five(5) Am 0 ]PMT( Friday the 6th day of July 2012 .Buyer agrees to take possession subject to rights of non-owner occupants now in possession.YES 0 NO)r/7.Any rents shall be prorated to date of closing. Seller agrees to deliver to Buyer all existing keys and . age door controls no later than possession. Buyer(s) Seller(s) /C,L( nitials) (Initials) Pagel oft 98-102 Property Address 902 Logan Ave, Waterloo, Iowa 50703 plus extra lot to north CHECK THE APPROPRIATE BOX 0 I.CASH to be paid at closing.Buyer may have access to property purchased for appraisal;however,this agreement is not contingent upon Buyer obtaining funds. Settlement fee,if any,shall be paid by the Buyer. 0 2. FINANCING.This agreement is subject to Buyer obtaining 0 assuming 0 a commitment for a Conventional 0 Insured Conventional 0 FHA 0 VA 0 mortgage loan on said property at,an initial interest rate not to exceed %per annum FRM 0 ARM 0 amortized over a period of 30 years.All costs incurred in securing such mortgage shall be paid by the Buyer unless otherwise noted in paragraph 6 herein. Buyer agrees upon acceptance of this agreement to immediately make application for such mortgage loan with a lender and to make a good faith effort to obtain a mortgage commitment and proceed toward closing as above provided Buyer shall obtain such mortgage commitment on or before ,20 . Within this same period.Buyer shall notify Seller,in writing,that Buyer has secured said mortgage commitment and that this contingency is removed. If Buyer,after a good faith effort has not obtained a written mortgage commitment and given such written contingency removal notice within this same time period,this agreement shall be null and void and the earnest.money_shall-be-returned to Buyer.- —__.._ ; 17( 3.INSTALLMENTS.Earnest money of$ $20,000 ,.to be held in trust by i Peachtree Trust Account and$ ZERO (-0-) upon execution of a Uniform Real Estate Contract on or before possession date,in which Buyer agrees to pay the remaining balance of$ $15,000 at the rate of$ see Paragraph 6, (7) or more,per month,including interest,until the entire purchase price is paid,with interest from date of possession at the rate of n/a %per annum until paid. Such interest is to be computed monthly upon the balance owing at the beginning of each respective interest computation period. Such monthly payments shall commence on the N/A day of see Paragraph 6 (7) ,and shall be paid at a place designated by Seller. Any payment delinquent for more than 30 days shall draw interest at 8 a/o per annumcompounded monthly.Notwithstanding the payment provisions herein the outstanding balance of principal and interest shall be paid on or before the N/A day of see Parq 6, (7) ,N/A If Seller presently has a mortgage or land contract obligation on subject property, Seller may declare this agreement null and void if mortgagee accelerates said mortgage or raises the interest rate thereon to a rate exceeding N/A %per annum,or if the underlying contract prohibits an installment sale.The contract shall be on the terms and conditions of the Black Hawk County Conference REALTORS®and Lawyers Standard Form 162A revised January 1996,or the legal equivalent thereof All parties agree to execute and deliver said contract concurrently with delivery of possession or payment of the balance of the down payment,whichever occurs first Settlement fee,if any,shall be paid by the Buyer. 4. ASSUMPTION/ASSIGNMENT.If this transaction contemplates a mortgage assumption or contract assignment,Buyer may declare this agreement null and void and demand a return of their earnest money if mortgagee accelerates said mortgage or raises the interest rate thereon to a rate exceeding %per annum or if underlying contract is not assignable:This agreement is subject to Seller's release of liability on the existing mortgage or contract Yes()No()to be determined on or before 5. TAXES AND ASSESSMENTS.Seller shall pay NO PRO-RATED OF PROPERTY TAX of the installment of general property taxes on said property which become delinquent if not paid on or before MARCH 31 , p012 and all prior installments.Buyer shall pay all subsequent installments.If any installment of general property taxes is to be prorated and if such taxes cannot be determined by the date of the settlement thereof,such prorating shall be based on the amount of the last determinable installment,proportionately adjusted by any change in the assessed valuation attributable to capital improvements and which are determinable on the date of settlement.If closing takes place other than the date on the Purchase Agreement,taxes shall be prorated to the revised date of closing. Buyer shall pay the cost of all street oilings which are not liens on the date hereof Seller shall pay all sewage disposal assessments due and all special assessments which are liens against said premises on the date thereof,except those for improvements which have not been completed and accepted by the City Council on the date thereof,which Buyer will pay. Buyer(s) {"/C Seller(a) (Initials) (Initials) Page 2 of ,operty Address 902 Logan Ave, Waterloo, Iowa 50703 plus extra lot to north 1 6. OTHER TERMS/CONDITIONS THIS PURCHASE AGREEMENT IS SUBJECT TO: A. Buyer buying property in"AS IS" condition. All building materials for property will remain with the property. B. Subject to Restrictive Covenants on Deed seller's received purchasing. See attached: Restrictive Covenants. C, Subject to the City of Waterloo refusing to purchase on or before June 27th, 2012. D. Seller keep Insurance on property&buyer paying $284.50 for six months of the policy at close, until paid in full. E There is NO pro-rating of property tax and buyer to pay property tax due this September 1st, 2012. ($318.00) F. Terms: $35,000 wl$20,000 down&$15,000 balance at NO interest IF paid on or before 6 months from closing. Tf $15,000 not paid on time, interest mill be 8% starting from closing date till balance is paid. 7.CONDITION OF PROPERTY:The property as of the date of this agreement including buildings,grounds,and all improvements will be preserved by Seller in its present condition until possession or closing,whichever occurs first. Seller further represents plumbing,heating,-cooling,electrical systems,and appliances included in this Purchase Agreement to be in working order at the time of possession or closing,whichever occurs first,unless otherwise stated on attached Seller Disclosure of Property Condition,written amendments or addendums to this Purchase Agreement or unless otherwise stated in paragraph 6 above,and Buyer shall be pei witted to make a"walk through" inspection of the property prior to possession or closing, whichever occurs first to verify the same. Seller agrees to remove all debris and personal property,not included herein,from the premises prior to possession. S.INSPECTION OF PROPERTY.The Buyer is responsible for making their own inspection of any property for which they make an offer. (It is utaderstood that these provisions are independent of:any lender requirements for financing appr-oval..)Within N/A days after the final acceptance date of this agreement,Buyer may,at Buyer's sole expense,have the property inspected by a qualified person or persons of Buyer's choice to identify any structural,mechanical,plumbing, electrical,pest infestation,envuonmental concerns or other deficiency(s). Within this same period,Buyer may notify Seller in writing of any such deficiency the Buyer wants remedied.Failure to do so shall be deemed a waiver of the Buyer's inspection.In the event of any request by Buyer as a result of inspections, Seller shall within three(3) business days after said notification(date of notification does not count)notify the Buyer in writing which steps,if any, Seller will take toremedy any deficiency before closing,The Buyer shall within three(3)business days(date of notification does not count)notify the Seller in writing that(I) such steps are acceptable, in which case,This agreement,so modified,shall be binding upon all parties;or(2)that such steps are not acceptable,in which case this agreement shall be null and void,and any earnest money shall be returned to Buyer. Failure by either Seller or Buyer to give the notification within the three(3)business days as stated above shall render this agreement null and void,and any earnest money shall be returned to Buyer. 9.RISK OF LOSS AND INSURANCE.Seller shall bear the risk of loss or damage to the property prior to closing or possession, whichever occurs first. Seller agrees to maintain existing insurance and Buyer may purchase additional insurance.In" the event of substantial damage or destruction prior to closing,the Buyer shall have the option to complete the closing and receive insurance proceeds regardless of the extent of damages or to declare this agreement null and void.The property shall be deemed substantially damaged or destroyed if it cannot be repairedto its present condition on or before the closing date. 10.TITLE PAPERS AND ABSTRACT. At the time of the final payment hereunder,the Seller shall convey the premises to the Buyer by warranty deed and shall furnish the Buyer an abstract of title that, in the case of platted property,begins with the recording of the proprietors plat of subdivision,or with root of title,and that shows marketable record title to the premises vested in the Seller as of the date of this agreement between the parties hereto.Within a reasonable time after the execution of this agreement, such abstract,certified to a date subsequent to the date hereof,shall be submitted to the Buyer for examination. Buyer or Buyer's attorney shall either approve the title or point out specific objections.After all valid objections have been satisfied or provided for. Seller shall have no obligation to pay for further abstracting excepting any made necessary by his own affairs. 11.COURT APPROVAL.If the property is an asset of any estate,trust,conservatorship,or receivership,this agreement shall be subject to Court approval,unless declared unnecessary by Buyer's attorney.if necessary,the appropriate fiduciary shall promptly proceed to a hearing for Court approval. In that event a Court Officer's Deed shall be used to convey title. Buyer(s) E S Seller(s) 47617( (Initials) (Initials) Page 3 of 4 98-102 Property Address 902 Logan Ave,Waterloo, Iowa 50703 plus extra lot to north 12.SURVEY.Buyer may,at Buyer's sole expense,prior to closing,have the property surveyed and certified by a Registered Land Surveyor.If the survey shows any encroachment on the property or if any improvements located on the property encroaches on lands of others,the encroachment shall be treated as a title defect.If the survey is required under Iowa Code Chapter 354,Seller shall pay the cost thereof. (Chapter 354 applies only to land which has been divided using a metes and bounds description.) 13.RETURN OF EARNEST MONEY.Earnest money submitted as part'of the purchase price of the above described property shall be returned to the Buyer in case this agreement is not accepted.Any other release of earnest money shall require informed written consent of all parties to this agreement. 14.REMEDIES OF THE PARTIES.If Buyer or Seller fails to timely fulfill the terms of this agreement,then the other party shall be entitled to utilize any and all remedies or actions at law or in equity which may be available to them(including but not limited to:forfeiture,foreclosure,termination,rescission,or specific performance),and the prevailing party shall further be entitled to obtain judgment for costs and attorney fees. 15.THIS IS A LEGALLY BINDING CONTRACT.This document contains the entire agreement of the parties and supersedes all prior agreements or representations with respect to the property which are not expressly set forth herein.Any modification of this agreement must be in writing and signed and dated by all parties. TIME IS OF THE ESSENCE in the performance of each part of this agreement.If not understood,consult your attorney. 26 ADDENDUMS ATTACHED TO THIS OFFER INCLUDE: SPECIFIC PROPERTY AGENCY DISCLOSURE AGREEMENT SELLER DISCLOSURE OF PROPERTY CONDITION YES V NO 0 NOT APPLICABLE LEAD BASE PAINT DISCLOSURE YES NO 0 NOT APPLICABLE 17.NOTICE AND COUNTERPARTS.Any notice required under this agreement shall be deemed given whenit is received in writing either by hand delivery,fax,returnreceipt requested mail,or electronic mail.Persons designated for receipt of any notice for the purpose of this agreement shall be the Seller and Buyer or their respective agents.A signed copy ofthis agreement, counteroffers,and all addendums or amendments to this agreement shall,taken together,constitute a single binding agreement. 18.ACCEPTANCE DATE. When accepted by the Seller,this agreement shall become a binding agreement for the sale of the above described property.If this agreement is not accepted by the Seller on or before June 18th , 2012 ,it shall become null and void and the earnest money shall be returned to the Buyer without liability on the part of either party. 19.SELLER HEREBY ACCEPTS COUNTERS 0 the above agreement on w 1 • / a .If Seller has made a counteroffer by changing and initialing any terms,the counteroffer shall become null and void unless accepted and initialed by Buyer on or before If Buyer has made a counteroffer by changing and initialing any terms,the counteroffer shall become null and void unless accepted and initialed Seller on or before BUYER Martha ,Santana SELLER Kaleen Hanson £4e/V/4 BUYER SELLER refr\oS ! CO1 5Gn ic7 ADDRESS C(> c, ,-k c. Mex cv C,t'-3soJ ADDRESS William Sires I Peachtree Realtors PRINT NAME OF SELLING LICENSEE/BROKERAGE COMPANY William Sires / Peachtree Realtors PRINT NAME OF LISTING LICENSEE/BROKERAGE COMPANY FINAL ACCEPTANCE DATE: 061/5 / This foram has been made available by the Waterloo-Cedar Falls Board of REALTORS®for the convenience of its Brokers and their clients and customers and has been copyrighted by Waterloo-Cedar Fells Board of REALTORS®which makes no warranty of the legal effectiveness of this form and disclaims any liability for damages resulting from its use.By use of this form the parties agree to this limitation and release the Waterloo-Cedar Falls Board of REALTORS®and all Brokers,agents,and subagents_from any liability arising out of its use.This form shall not be reproduced,in whole or in part,without the prior written consent of the Waterloo-Cedar Falls Board of REALTORS.® Page 4 of 4 • RESTRICTIVE COVENANTS Bruce C. Hanson and Kaleen J.Hanson, and their heirs or successors, must use this as a single-family dwelling. Prior written approval from the City of Waterloo must be obtained if any other use will be made of the property. Maintenance and repair work are to be performed in a timely manner.All repairs and/or improvements to the structure are to conform to the Secretary of Interior's Standards for Rehabilitation as well as those standards set forth by the Iowa Historical Society because of the historical significance of this property. The City of Waterloo shall have a right of first refusal should Bruce C. Hanson and Kaleen J.Hanson, their heirs, successors, or assigns choose to sell the property. The Corporation hereby covenants with grantees, and successors in interest, that it holds the real estate by title in fee simple;that it has good and lawful authority to sell and convey the real estate; that the real estate is free and clear of all liens and encumbrances, except as may be above stated; and it covenants to Warrant and Defendthe real estate against the lawful claims of all persons, except as may be above stated. Words and phrases herein, including acknowledgment hereof,shall be construed as in the singular or plural number, according to the context. INDEX 'LACKH COV.N11,r10WA:ss2004 p ` F'EEBOOK# OU` 86' Ii THE IOWA PILED FOR RECORD,INDEXED AND DELIVERED TO THE COUNTY AUDITOR SEP 8 /� i Orficfal Fort PROOF200PILED - AT 9:00 Asa. RECFEE 1-5.00/ AUDFEE 5.00/ . COMPARED • E—COM S.00/ IEN/MERSHON LAW FIRM BLACK HAWK COUNTY RECORDER • _ 8 r �P. .. aoe3 to omr ion Mark E.Mershon,2712 Orchard Drive,Suite B,Cedar Falls,IA 50613-5896,(319 277-1610 Individuars Name .Street Address ,* Phone STA t, Address Tax Statement:Kaleen I.Hanson City SPACE ABOVE THIS UNE P.O.Box 1662,Waterloo,IA 50704 FOR RECORDER `.,.s'r WARRANTY DEED (CORPORATE GRANTOR) -ESTATETAAAISFEA TAX PAID /,ti, For the consideration of One($1.00) _—_. ST�LL4— Dollar(s)and other valuable consideration, Waterloo Art Association ' AA a corporation organized and existing under the laws of PATRICIA S.SA S the State of IowaR�ECO�R'DER does hereby Convey to / r � BLACK HAWK Kaleen J.Hanson ATE COUNTY the following described real estate in Black Hawk County, Iowa: Lot No.Sixty-three(63);the South Fifty(50)feet of the East Fifty-three(53)feet of Lot No.Sixty-two(62);and Lot No. 0 Sixty-four(64),all in Auditor Rainbow's Plat of Bicksler's Addition(vacated)and adjoining property,unplatted,in the City i of Waterloo,Iowa,except that part of said Lot no.Sixty-four(64)deeded to the City of Waterloo,Iowa,recorded in Deed Record 438,Page 515 in the office of the Recorder of Black Hawk County,Iowa. • RESTRICTIVE COVENANTS Bruce C.Hanson and Kaleen I.Hanson,and their heirs or successors,must use this as a single-family dwelling. Prior written approval from the City of Waterloo.nnrst be obtained if any other use will be made of the property. _ Maintenance and repair work are to be performed in a timely manner. All repairs and/or improvements to the structure are to conform to the Secretary of Interior's Standards for Rehabilitation as well as those standards set forth by the Iowa Historical Society because of the historical significance of this property. The City of Waterloo shall have a right of first refusal should Bruce C.Hanson and Kaleen J.Hanson,their heirs, successors,or assigns choose to sell the property. The Corporation hereby covenants with grantees, and successors in interest, that it holds the real estate by title in fee simple; that it has good and lawful authority to sell and convey the real estate; that the real estate is free and clear of all liens and encumbrances, except as may be above stated; and it covenants to Warrant and Defend the real estate against the lawful claims of all persons, except as may be above stated. Words and phrases herein, including acknowledgment hereof, shall be construed as in the singular or plural number, according to the context. Waterloo Art Association(WAA) an Iowa co .oration Dated_(1;L1 ✓)-I 1,2003 Kenneth M.Daven..- 'resident REC7'��EnTitle BLACK Ht•'r, ., - By STATE OF IOWA BLACK HAWK COUNTY, ss: On this fr:-• day of . 2003 before me, the undersigned, Notary Public in and for said State, personally appea ed Kenneth M.Dave •ort and . duly sworn,did say that'll-Icy arc the he is the President to me personally known,who being by me and that (no seal has been procured by the said) (t = _ , respectively, of said corporation; said instrument was signed (ares--sealed) on behalf of said corporation by authority)of�o Boardthat of Directors; and that the said Kenneth M.Daven.o Ab Ili as such o ' aril of said instrument to be the voluntary act and deed of said torpor. b act naw •de d the execution Y them voluntarily - -*F�.e-� MARK E. MERSFiON himl` 2 COMMISSION NO.118575 MY COMMISSION EXPIRES 'L`� ..,1.„‘„,/ -— Notary Public a i I O TM w.wr Aanoalion20Qf .- ,..-..._—.— I DWArxKs. 104 WARRANTY DEED(CORPORATE GRANTOR) i Revised Jantvy,XXX CITY OF WATERLOO Council Communication City Council Meeting:July 23, 2012 Prepared:July 18, 2012 Dept. Head Signature: E.T. # of Attachments: SUBJECT: Equipment Usage Agreement with Black Hawk County Soil and Water Conservation District Submitted by: Wayne Castle, PLS, EI Associate Engineer Recommended City Council Action: Approve for Mayor Clark's signature. Summary Statement: This Equipment Usage Agreement between the City of Waterloo and the Black Hawk County Soil and Water Conservation District allows the City to use the Conservation District's water sampling equipment when the City performs watershed assessments, as required by our NPDES permit. This agreement is available in the City Clerk's office if you wish to review it in its entirety. Expenditure Required: None Source of Funds: N/A Policy Issue: Storm Water Management/Storm Water Permit Compliance Alternative: N/A Background Information: This agreement was in place during our assessment of the Castle Hill-Pleasant Valley watershed assessment. This agreement saves the City the cost of purchasing monitoring equipment, helps us develop a working relationship with the SWCD, and helps the City fulfill the requirements of our NPDES permit regarding watershed assessments. CITY OF WATERLOO Council Communication City Council Meeting: July 23, 2012 Prepared: July 18, 2012 Dept. Head Signature: Eric Thorson, PE., City Engineer # of Attachments: 1 SUBJECT: F.Y. 2012 BYRNES PARK DRAINAGE IMPROVEMENTS PHASES I &II AWARDING OF CONTRACT K CUNNINGHAM CONSTRUCTION CO., INC. Contract No. 822 Submitted by: W. Wayne Castle, PLS, EI,Associate Engineer Recommended City Council Action: After review of the bids, it is being recommended that the award of the contract be made to K CUNNINGHAM CONSTRUCTION CO., INC., of Cedar Falls, Iowa, in the amount of $405,145.60. Summary Statement At the City Council meeting on July 16, 2012, bids were opened for the F.Y. 2012 BYRNES PARK DRAINAGE IMPROVEMENTS PHASES I&II, Contract No. 822,with K CUNNINGHAM CONSTRUCTION CO., INC., of Cedar Falls, Iowa, as the apparent low bidder. The Contracts and Grants Coordinator has reviewed the items relating to the 2002 Contract Compliance Program requirements and has transmitted his recommendation in the attached letter. Expenditure Required 5405,145.60 Source of Funds Gaming Association grants Policy Issue N/A Alternative None Background Information: Cc: Rudy Jones, Community Development Director CITY OF WATERLOO Council Communication City Council Meeting:July 23, 2012 Prepared:July 18, 2012 Dept. Head Signature: Eric Thorson, PE., City Engineer # of Attachments: SUBJECT: F.Y. 2012 BYRNES PARK DRAINAGE IMPROVEMENTS PHASES I &II CONTRACT, BONDS AND CERTIFICATES OF INSURANCE K CUNNINGHAM CONSTRUCTION CO., INC. Contract No. 822 Submitted by: W.Wayne Castle, PLS, EI,Associate Engineer Recommended City Council Action: Approval and signatures of Contracts, Bonds, Certificate of Insurance for the F.Y. 2012 BYRNES PARK DRAINAGE IMPROVEMENTS PHASES I&II, Contract No. 822. Please return three (3) executed copies to this office for distribution. Summary Statement Transmitted herewith are four(4) copies of each of the Contract, Bond and Certificate of Insurance on the F.Y. 2012 BYRNES PARK DRAINAGE IMPROVEMENTS PHASES I&II, Contract No. 822, for approval and signatures of City officials. The contract is with K CUNNINGHAM CONSTRUCTION CO., INC., of Cedar Falls, Iowa, in the amount of $405,145.60. Expenditure Required $405,145.60 Source of Funds Gaming Association grants Policy Issue N/A Alternative None Background Information: Cc: Rudy Jones, Community Development Director CITY OF WATERLOO Council Communication City Council Meeting:July 23, 2012 Prepared:July 18, 2012 Dept. Head Signature: Eric Thorson, PE., City Engineer # of Attachments: SUBJECT: F.Y. 2012 BYRNES PARK DRAINAGE IMPROVEMENTS PHASES I &II CONTRACT NO. 822 NOTICE OF INTENT FOR NPDES COVERAGE UNDER GENERAL PERMIT TO THE IOWA DEPARTMENT OF NATURAL RESOURCES Submitted by: W. Wayne Castle, PLS, EI Recommended City Council Action: It is recommended that the Mayor be authorized to sign this Notice of Intent for NPDES Coverage Under General Permit to the Department of Natural Resources. Summary Statement Attached is the "NOTICE OF INTENT FOR NPDES COVERAGE UNDER GENERAL PERMIT" for storm water discharges associated with the above referenced project. This document has been reviewed by this office and is recommended for approval by the City Council. Expenditure Required $175.00 Source of Funds Gaming Association grants Policy Issue N/A Alternative None Background Information: cc: Pauline Closson, Engineering Department PUBLIC NOTICE OF STORM WATER DISCHARGE The City of Waterloo, Iowa plans to submit a Notice of Intent to the Iowa Department of Natural Resources to be covered under the NPDES General Permit No. 2 "Storm Water Discharge Associated with Industrial Activity for Construction Activities. " The storm water discharge will be from construction activities associated with the FY2012 Byrnes Park Drainage Improvements, Phase I & II, located in the Northwest Quarter, Section 34, Township 89 North, Range 13 West of the 5th Principal Meridian, City of Waterloo, Black Hawk County. Storm water will be discharged from one point source and will be discharged to Black Hawk Creek. Comments may be submitted to the Storm Water Discharge Coordinator, Iowa Department of Natural Resources, Environmental Protection Division, 502 E. 9th Street, Des Moines, IA 50319-0034. The public may review the Notice of Intent from 8 a.m. to 4:30 p.m. , Monday through Friday, at the above address after it has been received by the department. } I do solemnly swear that the annexed copy of legal STATE OF IOWA, City of Waterloo Storm Water Discharge Black Hawk County, S S Notice was published in the Waterloo-Cedar Falls Courier, a daily newspaper printed in Waterloo, Black Hawk County, Iowa, once commencing on the 13th day of July, 2012 in the name of said newspaper, and that the annexed rate of advertised is the regular legal rate of said newspaper, and that the following is a correct bill for publishing said notice. Printer's Bill $13.72 PUBLIC NOTICE OF STORM WATER J tscy4...zr:// DISCHARGE The City of Waterloo,Iowa plans to sub- C mit a Notice of Intent to the Iowa Depart- Signed ment of Natural Resources to be covered under the NPDES General Permit No.2 "Storm Water Discharge Associated with Industrial Activity for Construction Activities". The storm water discharge will be from �� construction activities associated with Subscribe. :nd sworn to before me this the FY2012 Byrnes Park Drainage Im- provements,Phase I&II,located in the Northwest Quarter,Section 34,Town- ship 89 North,Range 13 West of the 5th Day of t.J A.D., 20 l2 Principal Meridian,City of Waterloo, Black Hawk County. t'P A<sT SUEAg re��tZ�' Storm water will be discharged from 1- LA point source and will be discharged to T. z s" COMMISSION NO.7L1"*, Black Hawk Creek O � MY G�,� rHRES Comments mWat may be submitted tthe . •^} Storm Water Discharge Coordinator, 'o Iowa Departmentof Natural Resources, Notary Public EnvironmentaltalProtection Division,502 E.9th Street,Des Moines,IA 50319- 1111110 0034. The public may review the Notice of Intent from 8 a.m.to 4:30 p.p.,Monday through Friday,at the above address af- Received eceived of ter it has been received by the department. the sum of Dollars. In full for publication of the above notice. CITY OF WATERLOO Council Communication City Council Meeting:July 23, 2012 Prepared: July 18, 2012 Dept. Head Signature: Eric Thorson, PE., City Engineer # of Attachments: SUBJECT: AGREEMENT BETWEEN THE CITY OF WATERLOO AND IOWA HEALTH SYSTEM Submitted by: Eric Thorson, P.E., City Engineer Recommended City Council Action: Resolution to approve the agreement between the City and Iowa Health System. Summary Statement Iowa Health System is proposing to construct a fiber optic network in City right-of-way. This agreement is available in the City Clerk's office if you wish to review it in its entirety. Expenditure Required N/A Source of Funds N/A Policy Issue N/A Alternative Background Information: This agreement is initially intended to enable Licensee (HIS) to provide improved data transmission capabilities among its facilities. The proposed project is to construct approximately 3,920 feet of fiber optic facilities in public right-of-way in Waterloo. The fees negotiated in this agreement are an initial fee of$0.10 per foot(minimum fee of$600.00 and an annual fee of$0.01 per foot(minimum fee of$50.00), plus ordinary permits. CD CITY OF WATERLOO , IOWA COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319)291-4366 Fax(319)291-4262 NOEL C.ANDERSON,Community Planning&Development Director Council Communication /14( l1eLp 19— Mayor City Council Meeting: Tuly 23, 201BUCK 2 I2i'` CLARK Prepared: July 18, 2012 . Dept. Head Signature: i //let # of Attachments: COUNCIL MEMBERS SUBJECT: Request by David and Terry Roeder to vacate the unused platted alley DAVID located adjacent to 1200, 1204, 1208, 1218, and 1228 Baltimore Street. JONES Ward 1 Submitted by: Aric Schroeder, City Planner CAROLYN COLE Ward 2 Recommended Council Action: Set a date of hearing to approve a request to vacate, sell and convey to Terry Roeder of 1200 Baltimore Street, Debbie Lane of HAROLD 1204 Baltimore Street, Michael and Sandra Ortman of 1208 Baltimore Street and Wald 3y Leonard Rumpza of 1218 Baltimore Street the section of alley behind their homes for$50.00 each,while the City of Waterloo would retain the alley behind 1228 QUENTIN Baltimore Street and use if for future development. HART Ward 4 Summary Statement: Transmitted herewith is a request to vacate, sell and convey RON the 4,368.4 SF unused platted alley located between Byron Avenue and Eureka WEEPER Street. The request was recommended for approval by the building and grounds Ward 5 committee on June 4`h, 2012. BOB GREENWOOD Expenditure Required: None At-Large STEVE Source of Funds: N/A SCHMITT At-Large Policy Issue:Vacate portion of public alley. Alternative: Don't vacate and leave the unused platted alley. Legal: See attached. Background Information: In accordance with the City of Waterloo Zoning Ordinance, the entire platted alley will be vacated.The owners who reside at 1200 and 1228 Baltimore's portion of the CITY WEBSITE: wwwci.waterloo.ia.us WE'RE WORKING FOR YOU! • An Equal Opportunity/Affirmative Action Employer proposed vacate is 16' x 54' or 864 sq ft. The applicants in the middle of the block at 1204, 1208, and 1218 Baltimore Street are vacating 16' x 55' or 880 sq ft. Staff feels that the request to vacate the unused 16'x 273' alley would not appear to be a negative impact and will in fact provide additional buffering from planned future residential development at the former Baltimore field that the City purchased from the Waterloo School System, which is abutting the alley to be vacated on the west side. Each adjoining applicant have submitted a signed intent to vacate form with the owner of 1228 Baltimore indicating that they do not wish to purchase any of the platted alley, and with the remaining owners offering$50 for both sides of the alley, citing that they have maintained the unplatted alley and should not have to pay the full price. After averaging the value of all the homes and the vacant City land to the west, it would appear that the land value would be $1.70 per square foot. At 70%, 1204, 1208, and 1218, Baltimore would have an asking price of$1,047.20 and 1200 and 1228 Baltimore with slightly smaller lots would have an asking price of$1,028.16 at 70% of the land value.The applicants have each offered $50.00 which would appear to be 3.3% of the total land value for 1204, 1208, and 1218 Baltimore and 3.4%for 1200 Baltimore.The City would retain the portion of alley adjacent to 1228 Baltimore and it would be added to the lots platted for any development of the vacant land to the west. cc: Noel Anderson,Community Planning&Development Director Path: \\Alomain\waterloo\USERS\Planning\Adam\Council Letters\letter vacate of public alley behind 624 Adams St 9.19.11.doc F . ...„ 7-M r':,, '-;.---,_'''. ,i,s,, ..1 abyTerry _ .„ -Pt Request David and Roeder To Vacate The L Unused Platted Alley Located Adjacent to 1200, 1204, r°� , 1208, 1218 and 1228 Baltimore St k a �i. N4 A a.t ' , ..il- ,,1-" ,F,,,,, ' - ' r4 4" yam' ` 4j.4- I� l ---4--"11': r> as ` nom" � .,��-+�-+-- - �-• sa ,i2 ';€- a�`•' Y .t Hawthorne Ave 1 , . ,` pay -� � -- - � ��F 4�,-.. prigrif �Nom. 'a*+ ".`� ^.� #`tS y^ p s.. is � Z—rF x' Y �` ryv �{ y A Si f''''';',4:.:4--: v.�-au.+�...<-.w..uee.,._ - . ' . ' - . '.1;-,,q::''1., I. -,*"-- ''';',-1-:,,.- '''' '7.1,!'":- 1-,"7: --f, ''.' : TIli4,4,1-, I1 ' ' -1';'-1---'.' . '=-Tr!..,- ,-Ir.•-.. —.. , . • ,_ .Lt-1_, :;', '0 1 . 'tQ4'..-:: :-'7":--k-V.4.±.4.:,....,:- „- - - ' --A: '4iii-p; '',4 '''.:4t..0.4,0*0 - -..,? , --- irlii ,�. ` t meg' , +z=.,� z ; '_ i y am. € _ `_ t_...It �•, €... I ff--' . i, 4._.:, i ,p, I .-A'zfIFS-0.;:,---'-- ..5-:-..,.: .:`-iff0,7. -rit. "1,3:;T.=:=-'2.;:',.".5-- - wl -. ,,,7#''',..7 4-+1.1.:<,,,,:,,,,A,— r `'' -s"" ''� ` ., ,1 ' *•,..1.--,126.--',.';'i-•-1." i" " A - f s' :j»,� mak :1----7--- -( A Y '- _ s , s A Byron Ave - - - - - - ,; .Rpt ; l Y '3 111 ti'af' 1: 4 � Alley Proposed to be Vacated k - .� E �j ,, 'ft)tH''r-:'''''."Iri la' ' --' F'.1.':-:' '� o ' :, Vim' R: �# ` t s --_,'',..,,,`,:,,,,**7;-' 1 ` .,t$, . cr .. . c, vex `i II,' 4 _�' i 1 - S1 (!fes ` = �r oi- - A'MR a1 i', f � .fs"RS §lYgT• ,..r f1�,- -4--',• 4 ,,, 8 ''' 4SR� 3€ ` - ` a`- s _-. - Eureka St _ et 13 '7:,' ;' a :;-A-'11'_ 0) n '4t$,.";°d,r- 'elk }rp ,- ' (i +b : ` &.A s - -0-w''' +.-' F :a 0„1 E a --gra ! N .:. 100 50 0 '100 x : 'r F Plat Map of Alley Vacate Adjacent to 1200-1228 Baltimore Street .1, .,. •_JG --T-1 . --(7-1 ,....,} 161 NV- M135 --,,,,i , -, ..„.... 0 . % BYRON, - ' ' AVE. . .. . -•s •A 4 4 4 :'. % . ,,i,- •,:r •i- ,.1. Jz., '' !:, .,4-4 • PT or 22 i Alley Proposed to be Vacated 2 - - , ----twmas,---- , ,t, t A , 3 T---,,...),:-. 1 dd • - ' ; T 1' •-• ; ' 4 : ORLO C. MILLERS ADDITION . . <El, i1 4 , APF--"VEMIWWWIIIIMIIIMIr/BYWAININIA ri'r 1, 4z.f. -fli 1 • • .194•1 Lo '. ;i. Pr OF 2Z 11 .,', 1 i' : t t :i - l'i .,; 7 •:,, :',7 :%, i .! 7: ''.-; !!-.. 't ! ;. '",!,. .--. Z .,) ":? 5!''''t. ,40' Egrb_ . .:..—.. . EUREKA Cl.:`,",':,7--'' t.'' ittot-';`,':' .I . , — -. - ''"i,'''',I . • ' " 6$: 60....111 Ilitl""—'24,T.....i..:4,r±i•-- f_,--L-- ,..vt ' --/-37-. . .( _ 1, , ix; . , 4,„ i, , ; a t ,.3.C:3 I , s5S.S.3 1,3:;-1,. ''' $ I I i H.4 — 23 i ”..-•_ i 1 ,$ ' , ,, . i'l i !t • .-.),....i voiroR FRANCIS REITZELL PI-47-1. ' '•-! : 1 . ,.-. I - f j 2 4 , , , 5 .._i. :....,.„ • .._. 0.fi i c_.,) F , , , , i j MILLER! I PARK : 1 •_ • - ‹, ,. , :.. , 6! ,!„. -..,,•• _.1 1 ,, q • . 3 j,,,•,' ,,, ,.. -1 i .,, IL.• , • . ___ •„w:,.:.. 3i 6-1 -.,T' 29 H ,.., „ ,.. .. :—..., iiTi i , i , . . 2 I ...,.., t ' ., , I r I ,-,, ,,,,,, '.: .' . - I ill /Pia. I 134.0• I , ,,, - =s • ;41 01. I lag q' 'It-,I , I , , ,1„ 1-'41 I 1 1 ' • I •I 1 I ‘ 1,333 32 werra,,, INTENT TO VACATE City of Waterloo Planning and Zoning 715 Mulberry Street Waterloo, IA 50703 We the undersigned, as adjacent property owners of ri t-offw y.requested to be vacated and generally described as(address or general location): phi Lin()2 , have no objection to the right-of-way being vacated and have been offered the opportunity to buy a portion of the right of way. We wish to make the following known(check which applies): We/I wish to purchase from the City the one-half of the right-of-way that adjoins our/my property (sign and date below and complete items 1-3). We/I wish to purchase from the City the entire portion of the right-of-way that adjoins our/my C property. This is contingent upon the g p property owner opposite ours/mine choosing not to purchase their/his or her half(sign and date below and complete items 1-3). We/I do not wish to purchase from the City any portion of the right-of-way(sign and date below and leave items 1-3 blame. f0 0 ,----, ill) 7 ` i et - ±iljill._ ()Signature of adjacent property own-;Fr Date Address �Y _ 3 � �.—2 c— Phone 1. 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 �r CI rieland within 5 yrs(8 yrs inside of the CUBA): 0 • Costs(surveying&misc., demolition,remove L' of curbs, etc): A� Asking price—Deductions=Value of Property: Offer Price for Portion of Alley You Intend to Purchase: j ---- Gil Transfer of Ownership: In what name(s), company or corporation shall the property be assigned to? (Give special attention to spelling as these'names will be verified and transposed as submitted onto the deed.) t —7"&c.).4--) , /.g ,i 'll r9- 61)Deed: At the time of the buyer's final payment,the sellers shall co Y'f e u y ` 4 5 nvey the premises�t'o the buye�by ��` ����� quitclaim deed. Please indicate the legal form you wish to be transferred in(i.e., as tenants-in- common,joint tenancy w th full rights of survivorship, or as individual ownership. 4Id rc $$ c 1 1-7 ; �t. cf 'fie Le.,. (10 v" , it—Cf r`YI . INTENT TO VACATE f7 '` " L ' fCi City of Waterloo Planning and Zoning 715 Mulberry Street Waterloo,IA 50703 We the undersigned, as adjacent property owners of right-of-way requested to be vacated and generally described as(address or general location): 1 OO Nei-12e-re , , have no objection to the right-of-way being vacated and have been offered the opportunity to buy a portion of the right of way. We wish to make the following known(check which applies): We/I wish to purchase from the City the one-half of the right-of-way that adjoins our/my property (sign and date below and complete items 1-3). We/I wish to purchase from the City the entire portion of the right-of-way that adjoins our/my property. This is contingent upon the property owner opposite ours/mine choosing not to purchase their/his or her half(sign and date below and complete items 1-3). We/I do not wish to purchase from the City any portion of the right-of-way(sign and date below and leave items 1-3 blank). QZ Signattn4 of djacent prope owner ,Date ;'? V° -767C1 A�dress Phone 1. Offer Price [Note: If the offer price meets the Sale of Property Policy(see attached)the request will not be required to be reviewed by the Building&Grounds Committee.] • Asking price(see attached Sale of Property Policy for how calculated): • Deductions • May decrease price by 50%for area located within an easement: • May decrease price for the City tax that will be collected on the land within 5 yrs(8 yrs inside of the CURA): • Costs(surveying&misc.,demolition, remove of curbs,etc): Asking price—Deductions=Value of Property: Offer Price for Portion of Alley You Intend to Purchase: 3-0 f 06 2. Transfer of Ownership: In what name(s), company or corporation shall the property be assigned to? (Give special attention to spelling as these names will be verified and transposed as submitted onto Lot t eed�) ^A bata IdErif.( '- C> 12. 3. Deed: At the time of the buyer's final payment,the sellers shall convey the premises to the buyers by quitclaim deed. Please indicate the legal form you wish to be transferred in(i.e., as tenants-in- common �o tenancy with full rights of survivorshi r as individual ownership.) INTENT TO VACATE City of Waterloo Planning and Zoning 715 Mulberry Street Waterloo,IA 50703 We the undersigned, as adjacent property owners of right-of-way requested to be•vacated and generally described as(address or general location): / 0 '/ iy) , have no objection to the right-of-way being vacated and have been offered the opportunity to buy a portion of the right of way. We wish to make the following known(check which applies): We/I wish to purchase from the City the one-half of the right-of-way that adjoins our/my property (sign and date below and complete items 1-3). L)c) We/I wish to purchase from the City the entire portion of the right-of-way that adjoins our/my property. This is contingent upon the property owner opposite ours/mine choosing not to purchase their/his or her half(sign and date below and complete items 1-3). We/I do not wish to purchase from the City any portion of the right-of-way(sign and date below and leave items 1-3 lank). y ic ( t ✓�,�2-e- 1 > z -Z.cii 5 Signature of adjacent property owner Date 1,9 1 AL ` - J-7.2 2(4 ^ ii?-- 3 '". ?? Address Phone 1. Offer Price [Note: If the offer price meets the Sale of Property Policy(see attached)the request will not be required to be reviewed by the Building&Grounds Committee.] • Asking price(see attached Sale of Property Policy for how calculated): • Deductions • May decrease price by 50%for area located within an easement: • May decrease price for the City tax that will be collected on the land within 5 yrs(8 yrs inside of the CURA): • Costs(surveying&misc., demolition, remove of curbs, etc): Asking price—Deductions=Value of Property: Offer Price for Portion of Alley You Intend to Purchase: 4 ,5D /Transfer of Ownership: In what name(s), company or corporation shall the property be assigned to? 2. ? (Give special attention to spelling as these names will be verified and transposed as submitted onto the deed.) t 0,f tc�ed E: 0r r rxr ix Gzn Sc�..t-icx t-0... A---.. �'d r(w, `p Deed: At the time of the buyer's final payment,the sellers shall conveythepremises to the buyers by quitclaim deed. Please indicate the legal form you wish to b an erredtenants-in- common,joint tenancy with full rights of survivorship, or individual ownership.) .` IN PENT TO VACATE City of Waterloo Planning and Zoning 715 Mulberry Street Waterloo, IA 50703 We the undersigned, as adjacent property owners of ri t- f-way re nested to be ated and generally described as(address or general location): ) , ��!"1-i;inr42\{ ave no objection to the right-of-way being vacated and have been offered the opportunity to buy a portion of the right of way. We wish to make the following known(check which applies): We/I wish to purchase from the City the one-half of the right-of-way that adjoins our/my property (sign and date below and complete items 1-3). We/I wish to purchase from the City the entire portion of the right-of-way that adjoins our/my property. This is contingent upon the property owner opposite ours/mine choosing not to purchase their/his or her half(sign and date below and complete items 1-3). 7.-:.6 We/I do not wish to purchase from the City any portion of the right-of-way(sign and date below 0 andleave items 1-3 blank). 4ktL _ / /�� `�-- --/! ri': Signature of adjacent prope oDate 41 in - dress Phone 1. Offer Price [Note: If the offer price meets the Sale of Property Policy(see attached)the request will not be required to be reviewed by the Building&Grounds Committee.] • Asking price(see attached Sale of Property Policy for how calculated): • Deductions • May decrease price by 50%for area located within an easement: • May decrease price for the City tax that will be collected on the land within 5 yrs(8 yrs inside of the CURA): • Costs(surveying&misc., demolition,remove of curbs, etc): Asking price—Deductions=Value of Property: Offer Price for Portion of Alley You Intend to Purchase: 2. Transfer of Ownership: In what name(s),company or corporation shall the property be assigned to? (Give special attention to spelling as these names will be verified and transposed as submitted onto the deed.) 3. Deed: At the time of the buyer's final payment,the sellers shall convey the premises to the buyers by quitclaim deed. Please indicate the legal form you wish to be transferred in(i.e., as tenants-in- common,joint tenancy with full rights of survivorship, or as individual ownership.) INTENT TO VACATE City of Waterloo Planning and Zoning 715 Mulberry Street Waterloo, IA 50703 We the undersigned, as adjacent property owners of ri t-of-wayyrequested to b v sated and generally described as(address or general location): , 7O V y�'�y C,,,,N-.-W�, have no objection to the right-of-way being vacated and have been offered the opportunity to buy a portion of the right of way. We wish to make the following known (check which applies): We/I wish to purchase from the City the one-half of the right-of-way that adjoins our/my property (sign and date below and complete items 1-3). ,e---67) We/I wish to purchase from the City the entire portion of the right-of-way that adjoins our/my property. This is contingent upon the property owner opposite ours/mine choosing not to purchase their/his or her half(sign and date below and complete items 1-3). We/I do not wish to purchase from the City any portion of the right-of-way(sign and date below and leave items 1-3 blank). ('a. :� Signature of adjacent property owner Date Address Phone 1. Offer Price [Note: If the offer price meets the Sale of Property Policy(see attached)the request will not be required to be reviewed by the Building&Grounds Committee.] • Asking price(see attached Sale of Property Policy for how calculated): • Deductions • May decrease price by 50% for area located within an easement: • May decrease price for the City tax that will be collected on the land within 5 yrs(8 yrs inside of the CURA): • Costs(surveying&misc., demolition,remove of curbs, etc): Asking price-Deductions=Value of Property: Offer Price for Portion of Alley You Intend to Purchase: 50 "� f Ti Transfer of Ownership: In what name(s), company or corporation shall the property be assigned to? (Give special attention to spelling as these names will be verified and transposed as submitted onto the deed) 1-. ck-e- I f s L �c,.►,.< 0e.., ", R._ 1-. all - . }Deed: At the time of the buyer's final payment,the sellers shall convey the premises to the buyers by C3," y quitclaim deed. Please indicate the legal form you wish to be transferred in(i.e., as tenants-in- common,joint tenancy with full rights of survivorship, or as individual ownership.) J EX% n -� -f--,y,c,...v., L� L. N-1-\ cit.,l I a';A I,,,t-s 0 e S ;�f v,, „U,s : ro Page 1 of 1 CAROL FAILOR From: ARIC SCHROEDER Sent: Wednesday, July 25, 2012 3:45 PM To: CAROL FAILOR Cc: SUZY SCHARES; NOEL ANDERSON Subject: FW: my first attempt at legals.. probably ugly-- Carol. I had to re-write Adam's legals. I have not had them reviewed by anyone else yet; but hopefully it will be good enough for publication purposes. Let me know if you have any questions. There is essentially 6 different legal descriptions. The first is the legal of the entire area to be vacated, then there are 5 different legals of the individual parts that make up the entire vacate area. 4 of those individual parts are being conveyed to the people noted on the legal. The 5th and last description is not going to be conveyed to anyone and will be retained by the City of Waterloo. I would also note that there were some errors in the names as it was on the agenda to set the date of hearing. I hope that does not cause any issues. The correct names of who is being conveyed each of the 4 individual parts is listed in the legal that is attached. Let me know if you have any questions. Thanks. Aric From: ADAM POLL Sent: Friday, July 20, 2012 3:45 PM To: ARIC SCHROEDER Subject: my first attempt at legals... probably ugly care to fix these? Rba oft a55aci9 to?tanner City of Waterloo Community Planning & Development Department 715 Mulberry Street Waterloo, IA 50703 phone: (319) 291.4366 Fax:(319)291.4262 adam.p011@waterioo-ia.org 7/25/2012 Legal Description-Alley Vacate Area West of Baltimore St between Byron Ave and Eureka St The 16 foot wide public alley lying East of Lot 2 of Orlo C. Miller Addition that lies South of the Easterly extension of the North line of said Lot 2 and North of the Easterly extension of the South line of said Lot 2, City of Waterloo, Black Hawk County, Iowa. Conveyance to 1200 Baltimore Street, Terry Kezar and David Roeder That part of the 16 foot wide public alley lying East of Lot 2 of Orlo C. Miller Addition that lies South of the Easterly extension of the North line of said Lot 2 and North of the Westerly extension of the North line of Lot 3 of Orlo C. Miller Addition, City of Waterloo, Black Hawk County, Iowa. Conveyance to 1204 Baltimore Street, Charles and Debbie Lane That part of the 16 foot wide public alley lying East of Lot 2 of Orlo C. Miller Addition that lies South of the Westerly extension of the North line of Lot 3 of Orlo C. Miller Addition and North of the Westerly extension of the South line of said Lot 3, City of Waterloo, Black Hawk County, Iowa Conveyance to 1208 Baltimore Street, Michael and Sandra Ortman That part of the 16 foot wide public alley lying East of Lot 2 of Orlo C. Miller Addition that lies South of the Westerly extension of the North line of Lot 4 of Orlo C. Miller Addition and North of the Westerly extension of the South line of said Lot 4, City of Waterloo, Black Hawk County, Iowa. Conveyance to 1218 Baltimore Street, Leonard Rumpza That part of the 16 foot wide public alley lying east of Lot 2 of Orlo C. Miller Addition that lies South of the Westerly extension of the North line of Lot 5 of Orlo C. Miller Addition and North of the Westerly extension of the South line of said Lot 5, City of Waterloo, Black Hawk County, Iowa. Retained by the City of Waterloo That part of the 16 foot wide public alley lying East of Lot 2 of Orlo C. Miller Addition that lies South of the Westerly extension of the South line of Lot 5 of Orlo C. Miller Addition and North of the Easterly extension of the South line of said Lot 2, City of Waterloo, Black Hawk County, Iowa. CITY OF WA'T'ERLOO Council Communication City Council Meeting: July 23, 2012 Prepared: July 20, 2012 Dept. Head Signature: S.G. # of Attachments: 1 SUBJECT: Resolution to Approve An Extension for the Animal Control Contract with the Cedar Bend Humane Society Submitted by: Sandie Greco, Traffic Operations Superintendent Recommended City Council Action: Approve extending the Animal Control contract with The Cedar Bend Humane Society thru August 6th. Summary Statement: Extend contract thru the August 6th while negotiating the FY13 contract. Expenditure Required: Source of Funds: Policy Issue Alternative Background Information: • MARIA ARMSTRONG From: SANDIE GRECO Sent: Friday, July 20, 2012 7:35 AM To: MARIA ARMSTRONG Cc: SUZY SCHARES Subject: Monday's Council Agenda Good Morning, I am waiting for the Mayor's OK to add this to the agenda for Monday. Hope it isn't too late. Thanks, Sandie 7/20/2012 MARIA ARMSTRONG From: MAYOR CLARK Sent: Friday, July 20, 2012 7:50 AM To: SUZY SCHARES; MARIA ARMSTRONG Cc: SANDIE GRECO Subject: FW: FW: Animal Control Suzy/Maria Please add to Monday's agenda. Thank You, Buck From: SANDIE GRECO Sent: Friday, July 20, 2012 7:14 AM To: MAYOR CLARK Subject: FW: FW: Animal Control Good Morning Mayor, Would you grant permission to add this to Monday - July23rd's agenda? I will be meeting with Karla and Kristy next week to discuss some options on the upcoming contract. I will also send this to Chris Wendland to have him take a look at it. Thanks, Sandie From: cbhsadoption@mchsi.com [mailto:cbhsadoption@mchsi.com] Sent: Thursday, July 19, 2012 1:48 PM To: SANDIE GRECO Subject: Re: FW: Animal Control Hi Sandie, The Cedar Bend Humane Society will provide Animal Control services for the city of Waterloo through August 6th, 2012. Attached is a temporary agreement (note contract increase of agreed 3%), if it could be signed at the next meeting on Monday that would be appreciated. Please stress to the City we will not be able to provide AC services past August 6th with out a signed contract for FY13. The Cedar Bend Humane Society will not be able to provide the City with any additional extensions without an agreed upon and signed contract. We will be available for any questions or to discuss any of the offered options at any time over the next couple of weeks. Thank you Sandie, 7/20/2012 Karla & Kristy Co-Directors Cedar Bend Humane Society FREE Animations for your email-by IncrediMail X Click Here! ► 7/20/2012 MARIA ARMSTRONG From: SANDIE GRECO Sent: Friday, July 20, 2012 8:31 AM To: MARIA ARMSTRONG Subject: RE: FW: Animal Control THANKS! From: MARIA ARMSTRONG Sent: Friday, July 20, 2012 8:30 AM To: MAYOR CLARK; SUZY SCHARES; SANDIE GRECO Subject: RE: FW: Animal Control 20. Resolution approving an Extension of the Animal Control Contract through August 6, 2012 with the Cedar Bend Humane Society. Submitted by Sandie Greco, Superintendent of Traffic Operations Got this added to the Council agenda. Thank you, Maria Armstrong City of Waterloo-City Clerk& Finance Department 715 Mulberry Street Waterloo, Iowa 50703 W: 319-291-4323 F: 319-291-4571 E: maria.anmtronq(a�waterloo-ia.orq From: MAYOR CLARK Sent: Friday, July 20, 2012 7:50 AM To: SUZY SCHARES; MARIA ARMSTRONG Cc: SANDIE GRECO Subject: FW: FW: Animal Control Suzy/Maria Please add to Monday's agenda. Thank You, Buck From: SANDIE GRECO Sent: Friday, July 20, 2012 7:14 AM To: MAYOR CLARK Subject: FW: FW: Animal Control 7/20/2012 Good Morning Mayor, Would you grant permission to add this to Monday - July23rd's agenda? I will be meeting with Karla and Kristy next week to discuss some options on the upcoming contract. I will also send this to Chris Wendland to have him take a look at it. Thanks, Sandie From: cbhsadoption@mchsi.com [mailto:cbhsadoption@mchsi.corn] Sent: Thursday, July 19, 2012 1:48 PM To: SANDIE GRECO Subject: Re: FW: Animal Control Hi Sandie, The Cedar Bend Humane Society will provide Animal Control services for the city of Waterloo through August 6th, 2012. Attached is a temporary agreement (note contract increase of agreed 3%), if it could be signed at the next meeting on Monday that would be appreciated. Please stress to the City we will not be able to provide AC services past August 6th with out a signed contract for FY13. The Cedar Bend Humane Society will not be able to provide the City with any additional extensions without an agreed upon and signed contract. We will be available for any questions or to discuss any of the offered options at any time over the next couple of weeks. Thank you Sandie, Karla & Kristy Co-Directors Cedar Bend Humane Society FREE Animations for your email-by Incred'Mail' Click Here! 7/20/2012 MARIA ARMSTRONG From: MAYOR CLARK Sent: Friday, July 20, 2012 8:34 AM To: MARIA ARMSTRONG; SUZY SCHARES; SANDIE GRECO Subject: RE: FW: Animal Control Thank you all. Sandie: If we are going to use Maria as we have discussed, please get with Suzy immediately and work that out. Buck From: MARIA ARMSTRONG Sent: Friday, July 20, 2012 8:30 AM To: MAYOR CLARK; SUZY SCHARES; SANDIE GRECO Subject: RE: FW: Animal Control 20. Resolution approving an Extension of the Animal Control Contract through August 6, 2012 with the Cedar Bend Humane Society. Submitted by Sandie Greco, Superintendent of Traffic Operations Got this added to the Council agenda. Thank you, Maria Armstrong City of Waterloo-City Clerk& Finance Department 715 Mulberry Street Waterloo, Iowa 50703 W.319-291-4323 F: 319-291-4571 E: maria.armstronq(W,,waterloo-ia.orq From: MAYOR CLARK Sent: Friday, July 20, 2012 7:50 AM To: SUZY SCHARES; MARIA ARMSTRONG Cc: SANDIE GRECO Subject: FW: FW: Animal Control Suzy/Maria Please add to Monday's agenda. 7/20/2012 Thank You, Buck From: SANDIE GRECO Sent: Friday, July 20, 2012 7:14 AM To: MAYOR CLARK Subject: FW: FW: Animal Control Good Morning Mayor, Would you grant permission to add this to Monday - July23rd's agenda? I will be meeting with Karla and Kristy next week to discuss some options on the upcoming contract. I will also send this to Chris Wendland to have him take a look at it. Thanks, Sandie From: cbhsadoption@mchsi.corn [mailto:cbhsadoption@mchsi.com] Sent: Thursday, July 19, 2012 1:48 PM To: SANDIE GRECO Subject: Re: FW: Animal Control Hi Sandie, The Cedar Bend Humane Society will provide Animal Control services for the city of Waterloo through August 6th, 2012. Attached is a temporary agreement (note contract increase of agreed 3%), if it could be signed at the next meeting on Monday that would be appreciated. Please stress to the City we will not be able to provide AC services past August 6th with out a signed contract for FY13. The Cedar Bend Humane Society will not be able to provide the City with any additional extensions without an agreed upon and signed contract. We will be available for any questions or to discuss any of the offered options at any time over the next couple of weeks. Thank you Sandie, Karla & Kristy Co-Directors Cedar Bend Humane Society X FREE Animations for your email-by IncrediMai 7/20/2012 CITY OF WATERLOO -113 eq a„til CO ;7012' Council Communication City Council Meeting:July 23, 2012 Prepared: July 18, 2012 Dept. Head Signature: Eric Thorson, PE., City Engineer # of Attachments: SUBJECT: F.Y. 2013 SIDEWALK REPAIR ASSESSMENT PROGRAM - ZONE 2 CONTRACT NO. 826 Submitted by: W. Wayne Castle, PLS, EI, Associate Engineer Recommended City Council Action: It is recommended that council set the date of hearing as August 6, 2012 on this project. Summary Statement Transmitted herewith are the proposed schedule of assessments, plats, and breakdown of project costs on the F.Y. 2013 SIDEWALK REPAIR ASSESSMENT PROGRAM- ZONE 2, Contract No. 826. Expenditure Required N/A Source of Funds Property owner assessments Policy Issue N/A Alternative N/A Background Information: Cc: Rudy Jones, Community Development Director Mike Heerkes, Draftsperson Ryan Shatek, Engineering Technician Dan Baker, Engineering Technician CITY OF WATERLOO 41.1 + • (If (:-/'1) Council Communication City Council Meeting: July 23, 2012 Prepared: July 18, 2012 Dept. Head Signature: Eric Thorson, PE., City Engineer # of Attachments: SUBJECT: F.Y. 2013 SIDEWALK REPAIR ASSESSMENT PROGRAM - ZONE 2 CONTRACT NO. 826 Submitted by: W. Wayne Castle, PLS, EI, Associate Engineer Recommended City Council Action: It is recommended that Council approve these documents, set August 6, 2012, as the date for the public hearing and bid opening and instruct the City Clerk to publish said notices. Summary Statement Transmitted herewith are the Plans and Specifications for the F.Y. 2013 SIDEWALK REPAIR ASSESSMENT PROGRAM - ZONE 2, Contract No. 826, as prepared by the City Engineering Department. Expenditure Required TBD at bid opening Source of Funds Property owner assessments Policy Issue N/A Alternative N/A Background Information: Cc: Rudy Jones, Community Development Director Mike Heerkes, Draftsperson Ryan Shatek, Engineering Technician Dan Baker, Engineering Technician * Ikr �( f / V d bc U��• �`-( ►��C�V�d� OVL .4104 ul [ �oi kC Sem ro-je.c...— V���S l �Le 7� Zia 1 aw J u( 11( 2-6v----4* CITY OF W,A1 ERLOO ttkif Le ‘0-1-0 Council Communication • City Council Meeting: June 25, 2012 1I i 1June 20, 2012f ( ic — Prepared:Dept. Head Signature: Eric Thorson, PE, City Engineer # of Attachments: SUBJEC;1: FY 2012 LOU HENRY HOOVER MEMORIAL SCULPTURE GARDEN Contract No. 803, STP-U-8155(723)-70-07 Notice of Public Hearing • Submitted by: Jeff Bales,Associate Engineer Recommended City Council Action: Receive and approve Plans and Specifications as prepared by Craig Ritland Landscape Architect and set July 16, 2012 as date for Public Hearing and instruct City Clerk to publish said Notice of Public Hearing. Summary Statement This project will be let by the Iowa DOT on July 17, 2012. Expenditure Required To be determined Source of Funds N/A Policy Issue N/A Alternative N/A Background Information: This federal-aid project is the site improvements between Park Avenue and W. 4th Street near the 218 overpass for the installation of sculptures and interpretive columns remembering the life of Lou Henry Hoover. -="' - CITY OF WATERLOO , IOWA A/ lptitz ,��"' CITY HALL • 715 MULBERRY STREET 50703 4tetl00 O Today's Date: 7/18/2012 Effective Date: 7/19/2012 Employment Date: 11/14/1995 To: City Council Members Re: Notice of Severance Department Management Information Services Job Title/Classification Manager Information Services This is to report that the employment of James Quint with the City of Waterloo has been severed by reason of: ❑ Retired Disability Related ❑ No ❑ Yes ❑ Resigned 0 Termination ❑ 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 88 $ 39.56 $ 3,481.28 Vacation-Current 133 $ 39.56 $ 5,261.48 Usable Sick Leave** 12 $ 39.56 (x)25% $ 118.68 Frozen Sick Leave (x)60% $ - FY13 Personal Hours 24 $ 39.56 $ 949.44 Comp Time Pay $ - Unscheduled Leave $ - FY12 Personal 24 $ 38.78 $ 930.72 Total Payment $ 10,741.60 Comments: **4 hr from FY12;8 hrs from FY13 / / Approved by \ Date 4 I Q f t Human Resources /� t Date '�\ \'(j \ ,t., Routing: • Original to Human Resources by Department Human Resources will forward original to City Clerk(Copy in Personnel File) Clerk's Office will forwar cop, of approved form to Department and Human Resources Updated 6/28/11 Council Agenda Date:� - C{7 ❑ Accruals ❑Status ❑-9 WATERLOO HOUSING AUTHORITY, Governing Board Minutes May 17, 2012 8:15am Waterloo City Hall—Council Chambers Members Present: Greenwood, Getty, Jones, Welper, Dillon, Wright, Anderson, Weidner, Washington, Wessels Motioned by Welper, seconded by Getty that the Agenda and the minutes from the March 22, 2012 meeting be approved. Ayes: All Motion Carried. Motioned by Getty, seconded by Welper to accept the bid from B & G Builders to replace the roof on the storage shed at Ridgeway Towers for$1,378.00. Ayes: All. Motion carried. Motioned by Welper, seconded by Jones to accept the bid from Restoration Services to tuck point the Ridgeway Towers building for$6,330.00. Ayes: All. Motion carried. Motioned by Getty, seconded by Welper to approve the seeking of bids for Fee Accountant Services for the Waterloo Housing Authority. Ayes: All. Motion carried. Motioned by Welper, seconded by Getty to approve the request for Subordination of the down payment at 531 Dundee Ave. Ayes: All. Motion carried. Motioned by Wright, seconded by Welper to approve the disposal of old furniture and the destruction of old tenant files, which have exceeded their retention period. Ayes: All. Motion carried. Motioned by Welper, seconded by Getty to place on file the Housing Authority report including the leasing, HAP and Admin Fee utilization report. Ayes: All. Motion carried. Motioned by Welper, seconded by Getty to replace the fire entrance door to apartment#208 at Ridgeway Towers at no cost to the tenant. Motioned by Wright, seconded by Welper to place on file the Waterloo Housing Authority's HUD Evaluation. Ayes: All. Motion carried. Motioned by Getty, seconded by Welper to adjourn the meeting. Ayes: All Motion Carried. JW MINUTES WATERLOO REGIONAL AIRPORT BOARD Tuesday May 22, 2012 I. ROLL CALL Cynthia Goro declared a quorum and called the meeting to order at 1:15 pm. Board members present were Bob Justis, Dee Vandeventer, Lou Porter, and Cynthia Goro. Director Brad Hagen, Doug Schindel (AECOM), Harold Getty were also in attendance. Absent: Aaron Buzza, Mark Higley, Ed McCann, and Councilman Hart. II. AGENDA AS RECEIVED OR AMENDED. III. PUBLIC COMMENTS. None III. REPORTS A. Director's report — Director Hagen reviewed City budget reports through April 2012. Hagen discussed April 2012 revenues and expenses. Also reviewed was FY '12 YTD revenues and expenses through April 2012 and the Year End projections for the airport operating budget. Discussion followed. Hagen reviewed airfares provided by IDOT comparing all airlines and an American Airlines (AA) sample comparing fares out of Waterloo to Cedar Rapids. On-time performance was reviewed for April 2012. Load factor analysis, and enplanements were essentially flat. Discussion regarding air service consultant agreement deliverables was discussed. Hagen said he would forward a copy of the current agreement for Board review and future discussion. Hagen briefed the Board on a recent chemical spill on ConAgra property. The spill was reported and IDNR was on site to review and approve of remediation efforts. Hagen said there didn't appear to be any direct expenses involved for the remediation. Schindel briefed the Board as well. Discussion followed. IV. BOARD APPROVAL B. Approval of Minutes of April 24, 2012 Regular Meeting. Regular minutes of the April 24, 2012 meeting were reviewed. Justis moved to approve the minutes. Vandeventer seconded. Ayes: Vandeventer, Justis, Goro, and Porter. Motion passed. C. Motion to Receive and File April 2012 Expenses. All expenses were reviewed. Director Hagen discussed the expenses that were non-reoccurring. Vandeventer moved to receive and file. Justis seconded. Ayes: Vandeventer, Justis, Goro, and Porter. Motion passed. D. Approval of FY '13 IDOT Application for funding Airport Projects - Hagen provided an overview of the proposed FY '13 IDOT project application. The breakdown of projects and amounts were reviewed and discussed. Hagen indicated this is the same grant program that has been in effect for many years. The projects are predominately hangar renovations as Hagen said there were no other grant programs for that purpose. Extensive discussion followed. Vandeventer moved to approve FY '13 project application. Porter seconded. Ayes: Vandeventer, Justis, Porter, and Goro. Motion passed. E. Approval of FY '13 IDOT Air Service Grant Application — Hagen presented the Board with the IDOT air service program handout that identifies two programs: air service sustainment grants, and air service enhancement grants. The air service sustainment grant is what Hagen said the airport applied for and received every year. Hagen said the grant was used to fund air service consulting and marketing. The grant provides up to $35,000 with IDOT providing 80% ($28,000) and the Airport providing the match 20% ($7,000). Hagen said the FY '13 proposal is to fund air service consulting and also for marketing. Hagen indicated the marketing the Airport did last year with UNI for the different supporting events were very well received. In addition, Hagen felt it was very important to have a presence there this year again as well as our major competitor (Cedar Rapids Airport) is advertising through UNI as well. Hagen also discussed the air enhancement grants offered by IDOT. Hagen said the plan was to apply for an IDOT air service enhancement grant to serve as a match for a larger USDOT grant the Airport is applying for. Discussion followed. Vandeventer moved to approve applying for both IDOT air service grants. Justis seconded. Ayes: Vandeventer, Goro, Justis, and Porter. Motion passed. F. Approval of Plans and Specifications for Taxiway E Rehabilitation —Doug Schindel (AECOM) provided an overview of the Taxiway E Rehabilitation Project. Schindel also discussed the need, description, funding, and the timeline and process for the project. Discussion followed. Justis moved to approve plans and specifications for Taxiway E rehabilitation. Vandeventer seconded. Ayes: Vandeventer, Goro, Justis, and Porter. Motion passed. G. Approval to submit USDOT Grant Application—Hagen handed out a description of the USDOT Small Community Air Service Development Program (SCASDP) program. Hagen indicated it was just published in the Federal Register on Tuesday May 15, 2012 and its deadline is June 11, 2012. Hagen said Mike Bown, our air service consultant, is currently working on the application. Hagen said the goal is to complete as soon as possible and send out to the Board for a review and comments. Hagen said he would also coordinate with Mayor Clark and others needed to ensure they were aware and supportive of the application. Hagen said the design of the application at this point is to request a $400K-$500K grant to assist in two areas: 1. Attract new air service by either underwriting initial costs or provide an airline revenue guarantee and 2. Providing funding for general marketing support of the Airport and new service. Hagen said the initial draft application would contain a request from USDOT of$300K and hope to have a match from the IDOT program of$100K and the Airport and community would have in-kind (non-cash) support of$100K over the 3-year program. Extensive discussion followed. Discussion followed. Justis moved to approve applying for a SCASDP grant. Vandeventer seconded. Ayes: Vandeventer, Goro, Justis, and Porter. Motion passed. V. ADJOURNMENT Justis moved to adjourn the meeting at 2:20 PM. Vandeventer seconded. Ayes: Porter, Vandeventer, Justis, and Goro. Motion passed. Respectfully su.r tted, //110 Cynthia Goro, Chairperson doar�Appr Approval AUDITOR'S COPY Council Approval — MINUTES COMMUNITY DEVELOPMENT BOARD MEETING May 15, 2012 The regular meeting of the Community Development Board was held in the City Council Chambers, 715 Mulberry Street, Waterloo, Iowa, and called to order by Chairman Eric Johnson at 4:00 p.m. on Tuesday, May 15, 2012. Members present: Amber Boyd, Mickye Johnson, Gary Rankin, Maxine Tisdale, Jeri Thornsberry, and Chairman Eric Johnson. Members absent: Robert Reisinger. Also present: Rudy Jones, Community Development Director;Nancy Gulick, Community Development Coordinator; Noel Anderson, Community Planning & Development Director; Carolyn Cole, Council Liaison; Mark Boesen, Manager of Rehabilitation Services; Ann Northey, Administrative Secretary; John Rooff, Black Hawk Development and Leila Granger, Realtor. A. APPROVAL OF THE AGENDA. Chairman Johnson indicated Board packets were mailed and noted that an Amended Agenda was distributed to all Board members prior to the meeting. He noted Item D-3 under New Business was added as a request from Veridian Credit Union to subordinate the forgivable loan for Kelly Miller at 531 Dundee Avenue. Jeri Thomsberry also requested the addition of Discussion Item E3, to review the homeowner complaint at 204 Western Avenue. It was moved by Mickye Johnson and seconded by Maxine Tisdale to approve the two amendments to the agenda as proposed. Motion carried. B. APPROVAL OF THE MINUTES FOR THE REGULAR MEETING ON APRIL 17, 2012. Chairman Johnson indicated the minutes for April 17, 2012 were mailed and asked if there were any corrections or changes to the minutes. It was moved by Jeri Thornsberry and seconded by Mickye Johnson to approve the minutes of the regular meeting on April 17,2012 as mailed. Motion carried. C. OLD BUSINESS. 1. Single Family Unit Production—Round 1 Update (June 30,2012). Rudy Jones indicated the original commitment was for 15 units on this round. All units have been completed at Summerland's site and all but one unit is complete at the East 8th Street site. The final unit is scheduled for closing tomorrow. This will complete Round 1. 2. Single Family Unit Production—Round 2 Update (December 31,2012). Rudy noted Iowa Contractors has completed building and selling their commitment of 10 units. Rooff Development has build four of their commitment of 10 at the former Lincoln School site with nine pre-sold or sold. Six units are under construction, either complete or substantially complete. This is on schedule to Minutes May 15, 2012 Page 2 meet the December 31, 2012 deadline as well. 3. Single Family Unit Production—Round 3 Update (December 31,2012). Rudy Jones reported 10 units are up with 8 sold or presold. Discussions continued to be held regarding the commitment of five units at the former Van Eaton School site regarding lot layouts, infrastructure and other pertinent development decisions. Rooff Development has no units committed to Round 3. 4. Single Family Unit Production—Round 4 Update (March 15,2013). Rudy Jones stated we have received the formal award of the 20 new single family units from the Iowa Economic Development Authority for Round 4. We are currently awaiting their agreements for the Mayor and Council to sign. Rudy noted there will be eight units awarded to Iowa Contractor Services in the Summerland area, eight awarded to Skogman Homes located behind Wal-Mart, and four awarded to Rooff Development at the former Lincoln School site. 5. Neighborhood Stabilization Program—Round 1 Update (July 31, 2013). Rudy Jones stated these units are substantially completed with rehabilitation and new construction, with only one unit to finalize. We anticipate a monitoring visit from NSP representatives next month and we are making preparations for that visit. 6. Neighborhood Stabilization Program—Round 3 Update (February 28,2014). Rudy Jones reported this development involves a number of different activities. Four units were demolished and one remains to be acquired and taken down to make way for the new construction in the 900 block of Lafayette. Rehabilitation of 1013 Lafayette is underway and the contractor is progressing. Connerley Construction and Rooff Development submitted the only two new construction proposals that were reviewed by the subcommittee. The subcommittee evaluated both proposals and some discussion concerning the Enterprise Zone and tax credit issues still are pending with the Rooff application. Chairman Johnson inquired who was on the subcommittee: Board members were Jeri Thornsberry, Maxine Tisdale and Gary Rankin along with staff members Rudy Jones,Nancy Gulick and Noel Anderson. Rudy Jones noted this involves four units with a contingency on the fourth unit being demolished. Chairman Johnson inquired about the subcommittee recommendation, and noted he thought Mr. Rooff had withdrawn his request. Gary Rankin stated there was concern with the Rooff application whether the city would own the property and have responsibility for selling it. Another question was whether tax incentives could be utilized by the builder and not the owner of the project. Gary Rankin noted Noel was checking with the State on this issue. Gary indicated there was a$130,000 maximum in the paperwork and the Connerley proposal came in at $129,000 but did not include a garage. The Rooff proposal was at $130,000 with a garage. The Subcommittee felt it would be nice to have a garage. Chairman Johnson inquired if these questions had been answered? • Noel Anderson indicated he did not have a definite answer from the State at this time. Discussion continued on the applications and the Enterprise Zone tax credits, and who will own the property. Minutes May 15, 2012 Page 3 Jeri Thornsberry pointed out that the application rules stated the City would own the property. Gary Rankin indicated if it takes a transfer of property to utilize the tax credits, then he was in favor of making the transfer with the understanding that it would transfer back when the project is built. The subcommittee also talked about the capacity to do the project and get it done. Whoever builds these units doesn't have to worry about getting a buyer approved and selling the property. We also would like to see more than one contractor doing these projects and whether there are additional lots that both contractors could build upon. Rudy indicated the budget and the locations were distinctive for this project. Mickye Johnson inquired if each of the contractors could be given two houses each to build? Rudy Jones stated he could possibly override the decision, but the purpose of the subcommittee is to review each application and provide the best recommendation for the project. Maxine Tisdale stated not knowing about the Enterprise Zone and tax credit issues, she preferred to still go with the Connerley proposal as it was submitted. Chairman Johnson inquired if there is a timeline on this decision? Rudy Jones indicated we do have a timeline for committing funds for this project, and we would like to move this along. Jeri Thornsberry stated the ground rules were to hire a contractor to build some properties for the city and the city would own the properties. This is not the proposal that come in from Black Hawk Contracting, so it is clear it did not fulfill the requirement of the Request for Proposals. John Rooff stated this is the first time he had been asked about his bid and noted the purpose of the tax credit was to give the city more money to spend on these projects. Mr. Rooff explained his two bids. concerning the garages, noting the tax credits would lower the cost by approximately$12,500 whereby garages could be added. Mr. Rooff stated his involvement with various grant projects and noted he has built over 30 homes. He established a grant for every house built to give $500 to the Waterloo School Foundation with a commitment over$10,000 for students and teachers. Mr. Rooff further explained his commitment to the east side of Waterloo and asked the Board to reconsider his bid. Further discussion continued concerning ownership of the properties and the costs involved in both proposals. Chairman Johnson commented he would like to see garages built on these new homes and noted the best decisions are made with the most information. We need to get all the information from the State and the contractors. The Chairman concurred that more competition would be nice, however, over his years of serving on this Board, no other contractor has built as many homes for us as Black Hawk Contracting, with the exception of Habitat. The Chairman commented that there have been struggles in the past with building and selling homes in these areas. Amber Boyd inquired if this would be coming back to the Board for a decision? Jeri Thornsberry suggested that Connerley Construction be given an equal opportunity to defend his proposal with the Board. She stated it is also imperative to get an answer on the enterprise zone issue Minutes May 15, 2012 Page 4 before the final award and get clarification on the garages. Board members were in agreement. Gary Rankin indicated he preferred the proposal with attached garages instead of the ones detached, even though they do not reflect the overall design of the neighborhood. Chairman Johnson addressed the subcommittee members concerning further review and asked if they wanted to have the Board make a decision next month. Rudy Jones indicated he would be in contact with the contractors to be present at the next meeting. Chairman Johnson concluded we would table this item and bring it back to the Board next month. 7. Multi-Family Rental Housing—Round 4 (Application deadline 4/20/12). Rudy Jones explained this application was submitted to the Iowa Economic Development Authority at the State for review and consideration. D. NEW BUSINESS: 1. Endorse Rehabilitation Contracts for April 2012. (Report attached.) Chairman Johnson indicated the April report was included in the packet. It was moved by Jeri Thornsberry and seconded by Gary Rankin to endorse the rehabilitation contracts for the month of April 2012. Motion Carried. 2. Rehabilitation Program Revisions. Chairman Johnson indicated the Policies and Procedures Manual and the Property and Rehabilitation Standards documents are to be reviewed for discussion at the June meeting. Rudy Jones suggested we might call a work session to discuss these guidelines. Mark Boesen indicated these documents are new and now include the HOME Program guidelines. We utilized these documents and also incorporated our CDBG program guidelines into it to encompass the whole rehabilitation program. The technical assistance people assisted our staff in compiling these documents. Jeri Thornsberry pointed out some discrepancies she observed in wording in several sections of the document concerning manufactured and mobile homes. Nancy Gulick explained these are HUD guidelines, whereby mobile homes are eligible activities,however, our local program does not address these issues, and therefore, it is not an eligible repair for our particular program. Nancy explained that Page 23 is just showing what the HUD regulations are and that they differ from our regulations. Jeri Thomsberry suggested an asterisk or other wording to denote the difference in HUD regulations, if you wish this document to be easily understood. Chairman Johnson indicated that any comments regarding these two publications should be directed to staff before we formally discuss it next month. Minutes May 15, 2012 Page 5 3. Request from Veridian Credit Union to subordinate the forgivable loan for Kelly Miller at 531 Dundee Avenue. Chairman Johnson asked Board members to review the Subordination Request from Veridian Credit Union for Kelly Smith at 531 Dundee Avenue. The Chairman noted the loan expires in approximately six months and the rate is a good one. It was moved by Mickye Johnson and seconded by Gary Rankin to approve the subordination request for Kelly Miller at 531 Dundee Avenue on a new loan to Veridian Credit Union in the amount of$64,800 with 3.125 percent interest for 15 years. Motion carried. E. DISCUSSION ITEMS. 1. Local Housing Trust Fund. Rudy Jones indicated a formal Board is materializing which will allow us to put together the Housing Assistance Plan with bylaws, etc. Rudy asked for Chairman Johnson's expertise in creating this partnership as a nonprofit. We hope to have the HAP submitted to the Iowa Fianance Authority by the 1st of July. 2. Consolidated Plan submitted to HUD. Rudy Jones indicated the FY2013 Consolidated Plan and One Year Action Plan has been submitted to HUD for review. The Chairman thanked everyone for their hard work on completing the plan for submission. 3. 204 Western Avenue. Rudy Jones stated he spoke with the Rehabilitation staff concerning the smoking incident at 204 Western Avenue and the warning notice went into the contractor's file. Mark Boesen indicated staff was not aware of this issue until the homeowner's evaluation was submitted. Once we were aware, we notified the contractor right away. This would have been corrected immediately if the homeowner would have notified us. Mark stated there is a process in place to alleviate discrepancies between the homeowners and contractors, unfortunately in this situation, we were not informed until after the incident. Mickye Johnson inquired to be certain there was a written policy/procedure in place that homeowners can utilize if they have concerns. Mark Boesen assured the Board there was a Grievance Policy already available to each applicant. Further discussion continued on the electrical issues at this property. F. ADJOURN MEETING. With no further business to come before the Board, the Chairman adjourned the meeting. Respectfully submitted, Rudy (tit/ D. Jones,ones, Secretary Pro-Tem Minutes May 15, 2012 Page 6 "April 2012 Contracts signed lltnc =i+ inoisi2n ai=esilici evadb mc•d CDBG Rehab Program oov1 RAZr F MJt. .V t_LL' S1 ML%MCtY Atr,:!•i1:'1 htl'Ath ‘;;LIfittidgaltiti. Mt:. ;aAY.X.441 Maxim."Keler Jon 1554 301 Kenn St Ar44v ,Pura n7 t,ileife'- 412,2E12 23,352.0E ai ccvz,caE1r ,aai ynere 'ylec Mal 15E5 1929 E,411I. t 1eFat aat Nleder 4,r12i2t12 24.3C3.4t ilterCZYX Agatxr tearer, Je:rro Dai Mal 15E6 3E6 S1ierlran ASS nrn.Ke,4D4mr44r' RDn'6 Conetr?lCnon 4.13t2C12 31,249.0E Marian Lftle • Jan 15E7 542 aurnrer SArcta4?s,+.rnace. ren Snarlers 4,112E12 17,609.0E Jody Merl Jon 15E8 32.79 Frari11111 5t a ecrital tarncarn Iltn7 Fion'6 Cons:ruct'on 4,252E72 217.49.7.0E Total #t1G.45.04 Down Payment Assistance stance Program Rem 4`tet5i_51 14.49Ct': ALVAl 5 /MYNA -rai ftiL x, CAM Ct:16Cr13"s'LlEs Ca-fele E02 1420 Winston Fasters v:3:eSoli 4:16221312 1,37120 Total i1,372,20 Ernergenov Repairs Program CO- TRACT ?,mi s t1r4P. 1 rime t.te AiJ.i!':_!.y htil4.h. C:ll-Ilk:0C t L"Filt 414..1UA'I BniE1e Emil Ma_ic 1C.`4 111e VI.Parke` rccr Si Ccnsiruot n 4'41`2412 4..203.70 E672 aNnertuntls 'tvie Ma: Akl Mark 1EE5 114 E.Parker St rcc Old Greets 4+112O12 3.73E;D 1 r fl Jorirson id3Y, 1E16 ,333 E P1:a Vlst3 R•a rccr Si Consiru t on 4112O12 4;202.20 $5786 cKner ;Intl Total $ 1t,7sB.Do EDI Energy Efficiency Program 'O1TRAICT hkkit t?tlaf..r:l NiWrBtk ACUMLM; ntPRih CJN1FiF:_101' Art �101:xlit Judy Vestal Mark 0131 1811 f4 JIberry S1 roof Old Green 4512U12 .303.D0 f4!argarei inn `es Mark 0132 137 Buter Ave rccf Old Greets 411002[12 7,345.:00 i tri artF inlente 9.t Mat 0133 123 WI a roof Planetary Invest 4.14`21012 4.214.03 7a fibra iugnes Mat 0734 E22,.;&rtiarc roof Planetary Invest 411112012 3,.-PErIDD EurloeKircnol Mai D1:`_' 512E.71t.a. raof,dui ing To,lo 4113.12Ol2 113.173.D0 Toni 32,727.713 Lead Grant Program co8ribicr hay1= SMGia.M NAUCLM AULlit 2 nti'Nh. t:oeirw4_Isat :1.7t AMOUNT F.tax ne Keier Jon 15.:4 201 Kern St Nledert 41342C12 8,0E0.4[ &Wei 7ylE" M31 15E5 1929 E.41ti St Nlede=, 4112+2112 8.11E4.00 Marian Utile Jon 15E7 E42 vumrer E: E•;ottram. 41E12E12 8.054.0E JLdy 11e d Jon 15E8 3209 Franklin St Fton's Constructon 412E12E12 6,055.3E Total $ 31055_15 Board Approval 7//1/P AUDITOR'S COPY Council Approval MINUTES COMMUNITY DEVELOPMENT BOARD MEETING June 19, 2012 The regular meeting of the Community Development Board was held in the City Council Chambers, 715 Mulberry Street, Waterloo, Iowa, and called to order by Chairman Eric Johnson at 4:00 p.m. on Tuesday, June 19, 2012. Members present: Amber Boyd, Gary Rankin, Robert Reisinger, Maxine Tisdale and Chairman Eric Johnson. Members absent: Mickye Johnson and Jeri Thornsberry. Also present: Rudy Jones, Community Development Director; Carolyn Cole, Council Liaison; Mark Boesen, Manager of Rehabilitation Services; Ann Northey, Administrative Secretary; and Allen Connerley, Connerley Construction. A. APPROVAL OF THE AGENDA. Chairman Johnson indicated Board packets were mailed to all Board members prior to the meeting and asked for corrections or additions. It was moved by Bob Reisinger and seconded by Maxine Tisdale to approve the agenda as proposed. Motion carried. B. APPROVAL OF THE MINUTES FOR THE REGULAR MEETING ON MAY 15, 2012. Chairman Johnson indicated the minutes for May 15, 2012 were mailed and asked if there were any corrections or changes to the minutes. It was moved by Maxine Tisdale and seconded by Gary Rankin to approve the minutes of the regular meeting on May 15,2012 as mailed. Motion carried. C. OLD BUSINESS. 1. Single Family Unit Production—Round 1 Update (June 30, 2012). Rudy Jones stated Round 1 is complete with the exception of a neighborhood concern over one property near Arizona Street. It was brought to our attention at the last City Council meeting, and Planning & Zoning is reviewing the matter, of a sidewalk installation as part of this development. Families have moved into all the homes. Rudy noted details of the sidewalk issue would be reported at the next meeting. 2. Single Family Unit Production—Round 2 Update (December 31, 2012). Rudy noted Iowa Contractor Services has completed building and selling their commitment of 10 units at Summerland Park. Rooff Development has eight units up in some form of construction at the Lincoln School site, with some units 50% or more complete. He is working with buyers at both the former Lincoln School site and the Madison/Monroe site. 3. Single Family Unit Production—Round 3 Update (December 31,2012). Rudy Jones reported Iowa Contractor Services has a commitment of 17 structures. Five units will be at the former Van Eaton School site and 12 units will be constructed at Summerland Park. Discussions continue Minutes June 19, 2012 Page 2 regarding the five units at the former Van Eaton School site on lot layouts, infrastructure and other pertinent development decisions. Rooff Development has no units committed to Round 3. 4. Single Family Unit Production—Round 4 Update (March 15, 2013). Rudy Jones stated we have received the formal award of the 20 new single family units from the Iowa Economic Development Authority for Round 4. Rudy noted there will be eight units awarded to Iowa Contractor Services in the Summerland area, eight awarded to Skogman Homes located behind Wal-Mart, and four awarded to Rooff Development at the former Lincoln School site. 5. Neighborhood Stabilization Program—Round 1 Update (July 31,2013). Rudy Jones stated we had a monitoring visit last week from the state and there are some technical items to address with this program concerning our paperwork. Our current NSP representative is leaving the state in August and this position will be taken over by Julie Lunn, whom we already have a working relationship with under the new construction program. Rudy noted this should be a smooth transition. 6. Neighborhood Stabilization Program—Round 3 Update (February 28, 2014). Rudy Jones reported this development involves a number of different components. We are 50-75% complete with our rehabilitation project at 1013 Lafayette Street. We currently have under contract five units for an asbestos survey, which will allow us to proceed with the demolition of these units in the next 30-45 days. Rudy Jones noted discussion needs to continue from last month on the new construction proposals submitted by Connerley Construction and Rooff Development. The subcommittee evaluated both proposals and at the last meeting discussion concerned the enterprise zone and tax credit issues pending with the Rooff application. Rudy indicated Noel Anderson's comments were included in the packet for the Board to decide on an award. Rudy Jones stated from the staff's perspective, if we maintain ownership, then we would not get involved in the transfer of the property and going through the council. Rudy Jones indicated the Connerley proposal did not include a garage,but the Rooff proposal did include garages if the enterprise zone tax credits were awarded. During the review, the subcommittee members were not familiar with the enterprise zone credits and the time constraints of the project helped them make the decision in favor of the Connerley proposal. Board members agreed they would like to have garages for these properties, however, garages would constitute an additional charge on both of the proposals. Rudy Jones indicated we were up against the NSP time constraints for awarding the project and we didn't take into account the possibility of the enterprise zone credits. Mr. Allen Connerley addressed the Board, indicating he had proposed detached garages because of the smaller lot sizes. Mr. Connerley noted he did provide additional proposals with attached garages and there would be less cost in doing an attached garage. He noted the main focus on their home design was for the interior of the house to have a more historical feel to the property so that it would fit into the neighborhood. Connerley stated he did bid a great deal of maintenance free items and materials that would stand the test of time. He noted a single stall, detached garage would fit into the aesthetics of the target area. He circulated photographs of the proposed structures. His houses were priced at $125,000 and with an attached garage they would be $140,000. Minutes June 19, 2012 Page 3 Discussion continued on the two proposals, and the possibility of offering the opportunity for the enterprise zone tax credits to both developers. Connerley indicated his construction timeline would be about 120 days after contracts were signed. Chairman Johnson stated he would like to see the best house built for our money that included garages. Connerley indicated he quoted larger trim and other items that would make the house fit into the neighborhood as if it was built in the 1900's, noting this would be a maintenance-free structure for many years. Amber Boyd indicated she would like to see double garages attached to each structure. Considerable discussion continued on the benefits of the enterprise zone tax credits and the differences between both proposals. Board members also discussed the importance of garages on these lots. Maxine Tisdale expressed interest in the Connerley proposal, noting the benefits of maintenance free construction, the landscape package and extra stubbing of fixtures in the lower levels that was included with Connerley's bid. Chairman Johnson indicated if we can get a house for$129,000 with a double garage, then that's the way we should go. However, if there are no tax credits and we cannot get the garages, then we should go with the Connerley proposal. Rudy indicated the sole responsibility of the developer under the NSP Program is to build these homes. We will be responsible for selling and marketing the homes. Following discussion it was moved by Gary Rankin and seconded by Bob Reisinger to accept the Rooff Development proposal to build homes with a double attached garage and to work out the details of the enterprise zone tax credits. Rudy Jones indicated he would contact John Rooff within 24 hours and inform him of the Board's decision and have him initiate the process with the Planning &Zoning office to get an idea of the time frame. Two construction design options were proposed for his projects. On roll call: Amber Boyd, Gary Rankin, Maxine Tisdale, Bob Reisinger and Eric Johnson voted Aye. Nays: None. The Chairman declared the motion carried. Chairman Johnson instructed Rudy Jones to contact John Rooff and confirm the proposed arrangements for the new construction project and report back to the Board. 7. Multi-Family Rental Housing—Round 4 (Application deadline 4/20/12). Rudy Jones explained this application was submitted to the Iowa Economic Development Authority at the State for review and consideration. We have not heard any report as yet. 8. Discuss Rehabilitation Program Revisions. Rudy Jones explained the staff has been working with Gerry Diaz of the Community Revitalization Training Center. Mr. Diaz provided technical assistance in evaluating our single family owner-occupied Minutes • June 19, 2012 Page 4 housing assistance program. Rudy noted the draft document was provided at the last meeting for the Board to review. Some Board comments were received, considered and applied to the revised rehabilitation program document at hand. Rudy noted this is a living document that may need amending from time to time, but is now a viable, workable document for the staff. The cost of doing our rehabilitation projects are constantly increasing and homeowner involvement is encouraged, but not always an option. Chairman Johnson inquired if the Rehabilitation staff had reviewed this document and was comfortable with the contents. Mark Boesen, Manager of Rehabilitation Services indicated that he and his rehabilitation staff have thoroughly reviewed the document and also made some changes to the recommendations provided from "shall"to "should" and are now comfortable with the final document. Mark stated, we have some flexibility too and as long as we all know this is a"working" document that can be amended. This is an internal document for our rehabilitation program guidelines. Chairman Johnson noted he was in favor of the new guidelines if the staff was comfortable with all the provisions. He also noted this was a public document that could be reviewed. Following discussion, it was moved by Bob Reisinger and seconded by Amber Boyd that the Board approve the final draft of the City of Waterloo Property and Rehabilitation Standards Program Guidelines, dated April 25,2012,with the understanding amendments may arise from time to time that would require Board consideration. On roll call: Amber Boyd, Gary Rankin,Bob Reisinger,Maxine Tisdale and Chairman Eric Johnson voted Aye. Nays: None. The Chairman declared the motion carried. Chairman Johnson thanked the staff for all their work on developing this document. D. NEW BUSINESS: 1. Endorse Rehabilitation Contracts for May 2012. (Report attached.) Chairman Johnson indicated the May report was included in the packet. The Chairman made note of the new column added to the report showing homeowner participation in the cost of the rehabilitation. It was moved by Gary Rankin and seconded by Bob Reisinger to endorse the rehabilitation contracts for the month of May 2012. Motion carried. 2. Sale of NSP3 Units. Rudy Jones indicated our next formal process for NSP3 is to solicit a realtor to sell these units. We do not need to wait until they are built to get prequalified. Bob Reisinger indicated there are some realtors who like to work with these types of programs. Bob noted we can find the group of five or six realtors interested to provide listings. We could also ask those interested to give us a proposal on what they would charge and inform them we have a limited amount of funds and ask how they would do the marketing of these houses. We could award the listing,but we would need to know the marketing plan. Chairman Johnson inquired about the number of houses and whether we should ask for proposals? Minutes June 19, 2012 Page 5 Rudy Jones stated there would be four houses to sell and getting proposals would be part of our procurement procedures. Bob Reisinger indicated one realtor that comes to mind is Larry Oltrogge who used to be part of this Board. He enjoyed working with these programs and will work with us to sell the properties, and of course, there are others if we put the word out. Rudy Jones indicated we would get a draft"Request for Proposals"put together for Board approval. Bob Reisinger indicated he has a mass mailing process to 400 realtors, so everyone that might be interested would have a chance to submit a proposal. Rudy Jones indicated this is a 20-day process, so we will have something in place by the next Board meeting. E. DISCUSSION ITEMS. 1. Local Housing Trust Fund. Rudy Jones indicated most of the necessary documents have been provided to the State for review of our application. This will bring additional seed money to the community to address housing initiatives. Once the application is approved, we will solicit different agencies for their services. Copies of the plan can be emailed if you are interested in reviewing the document. Bob Reisinger indicated he has heard presentations like this from larger metro areas seeking these grants. He asked for a copy of the proposal to submit to colleagues and ask if we are on track and how much could we hope to receive. Rudy indicated he would send the information electronically to the Board. 2. NSP Monitoring Visit. Rudy Jones indicated this was briefly discussed early on in the meeting. He noted that later in July we would have a Labor Relations monitoring visit for the projects we funded over the last three years that include Davis-Bacon wage rules. F. ADJOURN MEETING. With no further business to come before the Board, the Chairman adjourned the meeting. Respectfully submitted, Bob Reisinger, Secretary Minutes June 19, 2012 Page 6 ,lay 2012 Contracts s°fined 1 unr-100a$.i:6I2•,.:'ap,4K 1kadl Y Ped li RQl] l GDBG Rehab Program cO.VTAko-T NAPE s c_IAIJS'T r4Le,1 ER aLtfit.i£' ,etPA1R ::C.:1,171RAET. ELATE APK:uPT { 'ainL sS_lectrcal eerice,talrlaae,l of b.b_lencyier Katie-ne Landfair Jcn 1570 7107 Hope Ave arlt,go!oneis A tat-Twirl B%.xhers 5:110312 25.991.00 David and Laura Little Malt 1572 1121 L= an Ave Varima tis,celirg and udl repair.doors"irtlrg SJ .ons 5,11;)2012 :25,436.00 {Adarr..&Victoria Tudor Jcn 1573 3266-lam:mond wIrdar,s,lira ,reparn;earn;; ToJc :22'2012 14,543.00 Total $67,970.00 IDown Payment Assistance Program NT . - "NAM -a,'":7:.10.1..11 Sr4I.Mack ALGFr51. iERNR La.+.1.o*1 ra;1-a Ii Total - , _ 1 Emergency Repairs Prog.ram cc5rs.cT ti @'r:.1ur5•. rtLAB,.R. ♦t.:E iS .EPfR ;A:#TRACTI to.,.E Am-u'T Laurene Thorson Mark 1057 1617 Easton Ave roof Felmuit 11! 012 4,000.00 S1247 CWT*7 FJnids Rae^aJd&Shari 11cvheeJcn 1058 512 Riker St water servk Al Gore 514Z12 2,300'30 i Karen Clear Mark 1059 140 Polk St roof Redvo ` 16 012 4,000.1X: 52242 owner funds Jean Boer Mark 1060 195 Gracie ria Blvd roof Old Ore 5.212012 4,0001_= 51462 cwra_-f..inris G,a:aKinney Mark 1061 1127 Bcurland.Ave roof Ranetar 242012 4,000!2_556.2cwre f'sids I Total $18,300.00 I l I EDI Energy Efficiency Program oowTzA.c- 1,1E 5,•Euu.l� NL 4 R +ILi:Rr.t,. :iEP. R '.:i`teRA,• LAI E .V:f_U'T Dyad $ Lead Grant ProgramOT'RAC' ` !.•,,4,t 5'Etaul'y NLM3r.R ?LCRF86 ,IEPHR 1.A.1.17 ht*C7. LATE rM U'T Kat^erne Landfair Jcn 1570 707 Hcpe Ave Brothers✓111:2012 5,000.00 I David and Laura Line Mat 1572 1121 tgan Ave SJ Cons 5,172012 6,000.00 Adam&Victoria Tudor Jon 1573 3266 Hammond ToJc 522'2012 S,000.00 I Total $24,000.00 I CIVIL SERVICE COMMISSION MINUTES 7:30 a.m. June 1,2012 Carnegie Conference Room Members Present: Tim Luce, John Blitsch, Abraham Funchess(ex officio) Member Absent: Bonetta Culp Others Present: Pat Treloar,Keith Kearns, Cheryl Huddleston Moved by Blitsch, seconded by Luce to approve the June 1, 2012 Agenda. Motion carried. Moved by Blitsch, seconded by Luce to approve the April 13, 2012 Minutes. Motion carried. UNFINISHED RIJSINESS The Civil Service List for Fire Lieutenant was presented for approval. The Human Resources Committee approved the position on 12/19/11 and the Civil Service Commission approved on 1/19/12. The current list expired and we are anticipating some promotions later in the year. The position was posted at all fire stations and we received 15 resumes. The candidates took a written test and all passed. Battalion Chiefs Jenn, Junk and Moore and Lieutenants Freshwater, Bredman and Ben Peterson conducted interviews and, again, all passed. We have a list with 15 white males. Moved by Luce, seconded by Blitsch: We, the members of the Civil Service Commission, cert the following list of applicants, who are eligible based upon the examination process as set forth by the Civil Service Commission for the appointment to the position of Fire Lieutenant for the City of Waterloo, Iowa. Appointment(s) shall be made from this list for the next two years (June 1, 2012—May 31, 2014). CERTIFIED LIST William Beck Troy Resor Barry Petersen Joshua Heller Todd Petersen Todd Moudry David Lingenfelter Gregory Stewart Michael Schipper Sean Schott Matthew Andersen Brian Becker Christopher Charley Robert Hennessy Michael Spence Motion carried. I Jpdates Waste Services Technician-Waste Management Services Approved by Human Resources Committee on 2/13/12 and by Civil Service 3/2/12. Advertised in the Waterloo Courier, posted on the City website and cable access, notices were sent to the agencies, organizations and individuals on the Affirmative Action List and posted in all City departments. Received 23 resumes. Holding off interviews until some organizational changes in Waste Management Services are made. Capacity Management,Operation & Maintenance Specialist-Waste Management Services Approved by Human Resources Committee on 2/6/12 and by Civil Service 3/2/12. Advertised in the Waterloo Courier, posted on the City website and cable access, notices were sent to the agencies, organizations and individuals on the Affirmative Action List and posted in all City departments. Received 3 resumes and 2 candidates will be invited to interview in a couple weeks. Sign & Traffic Equipment Operator-Traffic Operations Approved by Human Resources Committee on 12/19/11 and by Civil Service 1/19/12. List certified a few months back but no one on the list worked out. Readvertised in the Waterloo Courier, sent a notice to the IBEW, posted on the City website and cable access, notices were sent to the agencies, organizations and individuals on the Affirmative Action List and posted in all City departments. Received 22 resumes and are currently reviewing. NEW Ri1SINESS The job description and testing criteria for Solid Waste Foreman-Waste Management Services was presented for approval. The Human Resources Committee on 5/29/12 approved the position. There is a vacancy due to a disability. The position will be posted internally for promotion. Move by Blitsch, seconded by Luce to approve the job description and testing criteria for Solid Waste Foreman-Waste Management Services. Motion carried. OTHER BUSINESS None With no further business, moved by Blitsch, seconded by Luce to adjourn. Motion carried. Cheryl Huddleston, Human Resources Manager Clerk for the Civil Service Commission 3 CD aCD� 0 <Ni - c mCD o nO on CN wN• v Z Ni Q- cn CD N o CW D C3`G 2 `G CDIvNfa c -.00 O y*. CT O x CD 7 D) l J Os Z * v D3 o * _m -, K * ** vnm-m* o < w ,*** N n Q° * N a) N v * CD o O0 * Ni ii-)• C * a D -{ = 0 m a _ c v O 0 -614 D .A c o coOo Ni N O 0 CO v K D p w v 0 v < ID m O N N 0) , w w Z m --o NiOC 0 Cl) n O D m o rn -iacn Cl, a a cm o m �J m cn m a) � _ I- =� m O CD c 3 3 Z m7 c N j N j .-(7 O n M ,�, m O " 3 w lzk.< 5-o �„ N w j O 13 � o) > O m o o3 n Ca 0(n o C. v CD m 7' Ni c) c0 T W 'TS V) < v -I CD ° m 0 X a 0 co Z N CD G o 0 CD CD v 0 7 N N 0 0 CO 01 0 r 0 o a v cn 01 CT 0 0 c O 0 5 y 0 C'') C'O') N CO Oa 0 -x O N N Kirkham Michael &Associates 11021 Aurora Avenue DATE:July 2,2012 Urbandale, Iowa 50322-7902 PROJECT: West Shaulis Road Extension,Waterloo Iowa-Supplemental#3 INVOICE No.: 80653 CITY INVOICE: 2 PERIOD COVERED: 5/26/12 thru 6/22/12 CITY CONTRACT No: 784 CONSULTANT JOB No.: 0611638 IOWA DOT JOB No.: STP-U-8155(696)--70-07 Contract Cumulative Current Estimate To Date Period Labor Dollars $76,358.68 $20,554.25 $11,251.20 Overhead(195.62%) $149,372.85 $40,208.22 $22,009.60 Salary Cost $225,731.53 $60,762.47 $33,260.80 Direct Expenses: Printing,Postage $32.89 $21.09 Mileage $1,891.45 $1,891.45 Misc Materials $2,139.67 $1,432.53 Subtotal Direct Expenses $31,851.00 $4,064.01 $3,345.07 Subconsultants: (include contingency only if authorized) Terracon $29,200.00 $0.00 $0.00 Authorized Contingency $0.00 $0.00 $0.00 Subtotal Subconsultants $29,200.00 $0.00 $0.00 Subtotal(rounded) $286,782.53 $64,826.48 $36,605.87 KM Fixed Fee(12%) $27,087.78 $7,291.50 $3,991.30 KM Authorized Contigency $0.00 $0.00 $0.00 Total Authorized Amount(rounded) $313,870.31 $72,117.98 7 $40,597.17 Total Billed to Date $72,117.98V Remaining Balance $241,752.33 Unauthorized Contingency: Payment Status Kirkham Michael $25,758.25 Total Earned to Date: $72,117.98 Robinson Engineering Company $0.00 Less Previous Payments: $31,520.82 Terracon $2,610.00 Total Amount Due: 0,597.16 ;� Maximum Amount Payable $342,238.57 OK �. c"Z 77 78 4 Cr) M 0 > < c m M 0 mak % 3'. � Q. & � � k' \ 0 /_ w z N) 0 / � 0 3 k Or . w ® ƒ * ƒ O / a . ' % co o \_ 2 / * x 7 20 Z » C * \ / ( g o_ a * 5 < • a m 9 ® * % / O } C * a > 0- $ 0 m O M ES z m _co a * c « > 0 c m M. 3 N) o CD m O a. - 7 7 m -, 2 � = z \ o @d P O / R $ G o _N / R ' > \ E � 0 - E _ -0-0 Cl) 22 m a / \ / a. ? co3 a % ® / M % ( ® 01 a E / � ? =o 5c g-- ƒ � . #o 6 CD c m %3 a 2 2 w 9 e 2 O % e 0 0.) • 9E @ / ƒ 0 / \ a- Cf 00 \ \ / � 0 > q \ E G / KIRKHAM MICHAMICHAEL Arizona+CoIorado EL Iowa•Kansas+Nebraska www.kirkham.com CONTRACTOR'S PROGRESS ESTIMATE NUMBER 6 PROJECT: West Shaulis Road/Ansborugh Avenue DATE: July 12, 2012 STP-U-8155(711)--70-07 ENG: Kirkham Michael Rick Herrick,P.E. 11021 Aurora Avenue Urbandale,Iowa 50322 OWNER:City of Waterloo,Iowa CONTRACT FOR: PCC Paving DOT CONTRACT DATE:February 16,2012 DOT CONTRACT ID:07-8155-711 CONTRACTOR: CroelI &Subsidiaries,Inc. 2010 Kenwood Ave. PO Box 363 New Hampton,IA 50659 See attached schedule for quantities done to date. Total Completed and Stored to Date: $1,069,210.58 Retained 3%: $30,000 Previous Estimates: $708,119.88 Due the Contractor This Estimate: $331,090.71 I/ I have reviewed this estimate and it appears to be correct. • Gl i)ctel KIRKHAM, ,. AEL&ASSOCIATES By: Date: 7 /:.7'-/ - C,4struction Manager Approved: Date: (O 11021 Aurora Avenue•Des Moines,IA 50322•(515)270-0848•FAX(515)270-1067 CITY OF WATERLOO,IA ESTIMATE OF CONSTRUCTION COMPLETED PROJECT NII. S'FP K15g711)-70.$7 PARTIAL PAYMENT NO.6 cusTRACTIU 074155-711 PROJECT:West Sheulis Rood Phase 2 DATE: 07(1202 CONTRACTOR:Croell and Subsidiaries;)ac PARTIAL PAYMENT NO. 6 UNITS PLAN ;AUTHORIZED CONSTR. UNIT IJNTMI1 OPEN NUMBFA DESCRIPTION UNIT QUANTITY QUANTITY TO DATE PRICE TOTAL AMOUNT OOoo 1 2101-0850001 CLEARING&GRUBBING ACRE 1.500 1.040 1000 5440400000 13.000.00 0020 1 2102.2710070 'EXCAVATION,CLASS 10,ROWY 513011001y - CY 816003000 8169.1.000 7604.090$ 4.40000 0182.0014 0030 I 27024660000 L0LAI1NIa IILt UNE., SIA 751911 750 30040 1 200000080 17208.00 0040 I 2105-5425015 IUPSUIL 51H(P SALYAL.E&SPHtAU CY 16730,004 16738.We 111510000 5 3.00000 133330.00 JO60 I 210:-0876000 LVMPAL,IIUN WIMUIS i UHL k 0tN54 I Y r;UNIHUL CY 16745.000 16745.04 $ 0.30004 $40.0 0060 I 2115-0100033 51UUIHMUS11814ASE CY 6772.000 6772.004 0 31.40000' 10-00 0070 j 2121.1425020 _TaNANULAH SHUULU0HS,I7P3 d TON .3,309.000 331r0.000 $ 15.70000 S0 W D001 I 2123.7450000 SHLIULUEH 7.5014.416111.IR2N,EARTH 51A 103.080 108.104 5 120.00000 1030 - .-:0 ,11•,-•r- ., . I..•. 1 . • • . •1 . , I:LY- V''1. .1- :Ii S .I� "`.VW iO4 0100 1 2301-6811122 POR)LANUL0MEN 1 CONLHE it SAMPLES LUMP 1.000' 1.04 1 2,00044040 S0.00 0110 j 2303-0000100 0101 MIX A1.(' -7 MIXIUHt,'0$4MEHC$$J lX tyi • , -,. 4,- -EH PLAN IUN 71.704 71.704 0 2500000 $3.0. 2121 I 2315-62,5225 3000'61.(141.680000000,"LASS A 00)6005)ST Wit 100 817.000 8 i.000 $ 353064 10,3, 1130 I 2401-6:45910 HMYLus-111.N EALR 5.000 $ 125.00006 54.90 0140 1 2401-6,60001 HEMUYALS AS etH PLAN LS 1.0163 . 0 0 4,05.04450 $0.00 0150 i 2402-042145)1 LiNANULAH BAL.N ILL IUN 141.086 14L050 0 21,00000 $054 0160 i 2402-2720000 'E17,-,A0AIIUN cL23 CY 473,000 475.656 $ 0.10000 1040 0171 I 2416-7111225 PHELASI LUNLHt I c 6U;t.ULVERI,TO F I.X 5 F I, 16 266.0000 240.04 200.060 I 409.00000 518 3£0.00 7160 I 2415-20.0!06 PHELA0I L4,./NLH515 1:U6 LULYt8I SI HAR.00 03111 St11AIN,10 PI.A 61-1. 18641 4.000 4.000 200, I 11.274.0050 02£.400.00 0100 1 2416-0100015 80010660,CONCRETE,15IN.ENA ;MX) I 241600U:14 APRONS.I.UNLHtit,IS IN.UTA EACH 25.000 1023.00 12.0•! 3 211.000411 19450,06 ( 0210 ) 2416.0!004;+6 APRONS,CONCRETE,os IN.DIA EALR 00,000 70,005 2484 $ 33.000040 ;6003,] EACH 10030 10.00 4.000 1 665.60000 $7,660,00 10020 2416.7 f 60018 CULVERT,CONCRETE ENTRANCE DIPE,18 334.DIA LF _ 409.000 401,000 104440 1 27.00000 $2,86&00 0230 1 2416-1100035 CULVERT.CONCRETE ENTRANCE PIPE,381N.DIA, LF 50.000 600.060 50.1.000,1 48,00004 124406.46 0240 I 2435.0250610 'INTAKE,SW-5o5 MODIFIED EACH 2-.000 25029 '0 3,273.00000 $6,06 0250 i 2502-821213E SUBORAIN PLASTIC PIPE SIN LF 103.01.040 10330400 1 1.70040 10.00 3260 1 25024212113 SUBURAIN Gene PIPE 1210 LF 820400 820,000 503.003$ 2340000 $11.50.00 0270 1 25024220103 501DORAIN OUTLET(RF-10C) EACH 51.000 61.00 4400$ 100,00000 $400.00 0280 ; 25024220196 '60104476 OUTLET,OF-10E EACH 1.000 1.000 $ 730.00000 1040 D260 I 2503-0114215 -STORM SEWER GRAVITY MAIN,TRENCHED,RCP,2130661(CLASS IIT),15 IN. LF _ 20100 _04 3 2016400 10720 9 233500 $25.471.&7 0300 j 2503.0114218 5TORM SEWER GRAVITY MAIN,TRENCHED,RCP,20000(CLASSIII),18 394. - LF 32.06' 32.000 32.00$ 29.0000 1020,0 0310 1 2506-4984000 FLOWABLE MORTAR CY 640 44.000 44_40 $ R;.00800 53}1290 0320 j 2507-3250005 ENGINEERING FABRIC .0SY 218.000 238004 0 5.00600 $ash 8330 I 25074006061 0E9ETMENT.C nos E TON 130.000 130000 5 9040060 $4.00 0340 j 2510-5745850 REMOVAL OF PAVEMENT SY 70/48000 50148000 1469.006 0 340600 $5',07840 0350 I 2511-0302500 -RECREATIONAL TRAIL.PORTLAND CEMENT CONCRETE.S IN. SY 8152,000 8553.000_ $ 2014;600 $0,60 0950 j 2511-0310100 -SPECIAL COMPACTION OF SUBGRADE FOR RECREATIONAL TRAIL STA 7&300,776.300 $ 20000004 50.00 0370 1 2511-7525006 SIDEWALK,P.C.CONCRETE.6 IN, SY _ 53.900 53.900 S 3100000 $0,04 0300 1 2511-7528101 DETECTABLE WARNINGS SF 113.100 113300 5 3540664 5040 0300 j 2615-2475007DRIVES PCC 7 IN 5Y _ 81$00 8 00 5.900 $ 34,£" $0.00 0400 I 2518-6010000 -SAFETY CLOSURE EACH 4.644 4,006 3 7500400 $0.00 0410 I 2510-0.00040 REMOVAL AND REINSTALLATION OF FENCE,FIELD LF 37:14406 273.060 9 LOW 10.04 0420 I 2534-0275100 POSTS WOOD-TYPE Ala SIGNS 4 INA4 IN LF 5240& 02.000 1 2000000 $6009 0430 j 2524-8325001 TYPE A SIGNS ALUM SF 25.000 25.00 1 2040060 $0.09 0440 I 2526-6285000 SURVEY CONSTRUCTION LS 1400 1440 0350 5 13100.4I0000 1332.08 0450 1 2527-0263108 PAINTED PAVEMENT MARKING,WATERBORNE OR SOLVENT-BASED STA 57.920 77,920 0 40.60000 00,00 0460 j 26284445110 -TRAFFIC CONTROL LUMP 1.000 1.000 0,200$ 2530,00000 188140 0470 I 2533-4980005 )MOBILIZAT000 LUMP 1.005 1.000 0250 $ 125,06,00416 531,25046 0400 1 2554-0112020 (WATER MAIN,TRENCHED,DUCTILE IRON PIPE(DIP),20 MI. LF 7900.000 7908003 6147404$ 7550000 $471,518-00 0490 1 2554-0142020 [WATER MAIN WITH CASING PIPE,TRENCNLESS,DUCTILE IRON PIPE(DIP),20 IN. LF 110,000 110.000 $ 41040004 $6.01 0500 j 75044/203000 FITTINGS BY WEIGHT,DUCTILE IRON PIPE LDS 7870.000 7870000_ 9870.00 5 440000 023,460.00 0516 1 25544204110 WATER SERVICE STUB,COPPER,1 IN. EACH 1.00 1000 1000$ 1040,00000 $113040 0526 j 2554-0207000 VALVE,GATE,DIP, EACH 7.000 7.000 6,600 0 11,6230000 969,750.0 0630 1 2654-0210201 FIRE HYDRANT ASSEMBLY,WM-201 EACH 4.00 4.000 7.509 0 $800.0000 $7,600.04 0540 I 2607-2634100 MULCHING ACRE 20.750_ 20.754 0 70.00000 $040 0550 I 2671-2536043 SEEDING a FERTILIZING(RURAL) ACRE_ 20.709_ 20.750 $ 41066660 $0.00 0660 j 2502-0000020 SILT NC LF 7907.840 7907.00 6317.000.5 1.4090• 302 3570 1 20'02.0000400 SILT FENCE FOR DITCH CHECKS OF 743.000 743.00 0 1.81000 $�20.0000 0571 I 2401.6750001 REMOVALS AS PER PLAN LS 1.000 3.00 $ 4,000.00000 54.00 0572 I 2418-1262036 :CULVERT,CONCRETE PIPE,20000,TRENCHLESS,36 IN.DIA. LF 80000 80,0,, $ 385.E $6.40 1500 1 26024010010 MOBILIZATIONS,EROSION CONTROL EACH 1.000 L0, S 30,00000 90.00 050 i26024010020 ;MOBILIZATIONS,EMERGENCY EROSION CONTROL EACH 1.000 i." 1.004 $ 1,09.0000 11.00048 1 - I 1 i STP-O-81$5(713)-70-67 11,069210.58 TOTAL CONTRACT AMOUNT PLUS CHANGE ORDERS 03,128212.67 1 THIS PARTIAL PAYMENT 5331.090.70 TOTAL PARTIAL PAYMENTS $7708,11088 BALANCE REMAINING(LESS RETAIN.AGA $1089,003.10 Parana C.mpleic 34.184 PREPARED BY:Kirkham Michael TOTAL 11.064117149 14ETAINAGE3% $70400.00 TOTAL LESS RETAINAGE 11.0.39.1055 CONTRACTOR:Crean and Subsidiaries,lac. 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A �J 0 D r cn r -i O O C• m C D O 01 r' Z• < Z ; D a O 00O0OOOOOO0000000 =I• C -I O r m D 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 '< w C H D -Im m - m Hc m D C -Im 0 mZ au w m0 m w 0 0 0 0 0 CD CD v N 0 O 0 o N 0 co - (AOO- � M o0000000inin0000ino :t� 0 >y O i 03C O >73 D --1 0 D -Z- I No D -1 m _, A coNW CO f H W O O O O CD O O �I N O o 0 0 N p N M 66666666inin6666in6 :P. 0 o -1 c K fA CD a) 03 03 -69 CO EA D sp -4D 0 -co c0 A A EA N w , 01 _ co m -� VEA �1 �1 A 'A v EA EA EA EA -ea EA EA A V EA EA N (A A EA CO 0 H N) Z N -� a1 O al N - ~ Cn O O O O O o O W in O O o 0 0 0 W m H CD 0 O O O W A 'A O O 0 0 0 0 0 0 x 0 0 0 0 0 6) 0 0 > " • Q. p - W W O 0 0 0 0 0 0 0 cn 0 0 0 0 0 W 0 cn r N -� / CD » / gw < C 0 � 0 D '< C 7 \ \ ƒ « (D 0 $ 7 = e co « $ � m o_ = 0 0 % [ co E 3 2 J ) J c..- / } \ 5 \ �\ } m o m e a E 0 m / i \ 7 O 0 f } o 7- O &* / _ \ � * E O *§ / I k i >» 7 in / 0 -0 0 v O / / 0 - O C > 0 2 (xi cnu § 0 -I > / co a $ q ] % co 73O zom 0 00 > . -0-0 o § f 0 } ? � f / ® ] 0 . /. m m - 0 o � 3 _ c_ § O 7 a m \ -, \ \ \ # co % $ \_ � � = / /� Y � � , & 0 / =e 0 ] $ 0 % 0 Fri CD 0 -.1 & \ / e o / y ♦:) Iowa Northland Regional Council of Govts Page: 1 'ter 229 E Park Ave Invoice Number: 15770 Waterloo,IA 50703 Invoice Date: 07/11/12 fr 15) 7nCOG j1�j Due Date: 08/25/12 Phone: 319 235 0311y Customer ID: WATERLOO Iowa Northland Fax: 319 235-2891 Regional Council Of Governments oy�� Sold To: Waterloo City Hall 715 Mulberry Street Waterloo, IA 50703 Item Code Description Quantity Unit Price Extended Amount June'12 Expenses-EDA Commerical Lift Station ........._. .. 34300SALARY Salary& Fringe Benefits 1.00 286.35 286.35 34300ADMIN Allocated Administrative Services 1.00 67.94 67.94 Item Total: 354.29 PLEASE PAY THIS AMOUNT: $ 354.29 sJ / /,. /.) Please remit to: INRCOG 229 E Park Ave Waterloo, IA 50703