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HomeMy WebLinkAbout03/14/2021 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, MARCH 14, 2011 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 Tern) 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: Mark Rice, Superintendent of Central Garage. March 14, 2011 Page 2 Agenda, as proposed or amended. Minutes of March 7, 2011, Regular Session, as proposed. Recognition of March Team Member of the Month - Colleen Clark 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 Grout Museum District to hold World's Largest Chemistry Demo event to be held on August 13, 2011 at Washington Park and on South Street from W. 2nd Street to W. 3rd Street from 9:00 a.m. to 2:00 p.m. Submitted by Daniel J. Tre/ka, Director of Safety Services 3. Request of Orchard Hill Church to hold Kindness Outreach event to be held on April 2, 2011 at Lincoln Park from 11:30 a.m. to 2:00 p.m. Submitted by Daniel J. Tre/ka, Director of Safety Services 4. Request of Arnie Steffen for a variance to the Noise Ordinance on April 12, 2011 from 3:30 p.m. to 6:00 p.m. in conjunction with Equal Pay Day event to be held at Lincoln Park including a band/DJ and the use of a PA system. Submitted by Daniel J. Trelka, Director of Safety Services b. Motion to approve the following: 1. Request of Tallgrass Prairie Center for an exception to the burning ordinance to bum approximately 1 acre of prairie grass located just southeast of McKinstry Elementary School building during the month of April, together with recommendation of approval of Fire Chief. March 14, 2011 Page 3 Travel Requests Name & Title of Amount not Personnel Class/Meeting Destination Date(s) to Exceed 2. Tim Moyer, Electrical Plans Des Moines, March 8, $180.00 Electrical Inspector Examiner Iowa 2011 Certification Examination 3. Abraham Funchess, White Privilege Minneapolis, April 13- $1,616.04 Executive Director; Conference 12 Minnesota 16, Sharina Sallis, 2011 Commission 4. Motion to receive and file Mayor Clark's recommendation of the following appointments: Appointee Board/Commission Expiration Date New or Re Appointment Mary Potter Water Works Board January 12, New 2016 Appointment Elizabeth Cox ADA Compliance March 14, New Commission 2014 Appointment Dan Bigler ADA Compliance March 14, New Commission 2014 Appointment Class C Beer License Permit Application 5. Sam's Club #6514, 210 E. Tower Park Drive (Renewal) (Expires 2/29/12) (Includes Sunday Sales) 6. Hy-Vee Food & Drugstore #3, 1422 Flammang Drive (Renewal) (Expires 2/8/12) (Includes Sunday Sales) Class C Liquor License Permit Application 7. Babes Tap, 210 Division Street (Renewal) (Expires 3/14/11) (Includes Sunday Sales) 8. Tokyo Japanese Steakhouse, Inc., 126 E. Ridgeway Avenue (Renewal) (Expires 2/13/12) (Includes Sunday Sales) 9. Lone Star Steakhouse & Saloon, 4045 Hammond Avenue (Renewal) (Expires 3/11/12) (Includes Sunday Sales) Class E Liquor License Permit Application 10. Sam's Club #6514, 210 E. Tower Park Drive (Renewal) (Expires 2/29/12) (Includes Sunday Sales) 11. Hy-Vee Food & Drugstore #3, 1422 Flammang Drive (Renewal) (Expires 2/8/12) (Includes Sunday Sales) March 14, 2011 Page 4 Class B Wine License Permit Application 12. Sam's Club #6514, 210 E. Tower Park Drive (Renewal) (Expires 2/29/12) (Includes Sunday Sales) 13. Hy-Vee Food & Drugstore #3, 1422 Flammang Drive (Renewal) (Expires 2/8/12) (Includes Sunday Sales) Outdoor Service Area Application 14. Lone Star Steakhouse & Saloon, 4045 Hammond Avenue Cigarette Permit Application 15. One Stop Action, 115 E. Arlington Street 16. Bonds PUBLIC HEARINGS 2. Library Third Floor Carpet Motion to receive and file proof of publication of notice of public hearing HOLD HEARING—No objections on file Motion to close hearing and receive and file oral and written comments. Resolution confirming approval of specifications, form of contract, etc. Resolution authorizing to proceed. Motion to receive and file and instruct City Clerk to open and read bids and refer to Building Official/Maintenance Administrator for review. Submitted by Craig Clark, Building Official/Maintenance Administrator 3. Purchase of One (1) New Elgin Pelican Street Sweeper for Street Department from Minnesota State Bid at a cost of$164,900.50 Motion to receive and file proof of publication of notice of public hearing HOLD HEARING—No objections on file Motion to close hearing and receive and file oral and written comments. Resolution confirming approval of specifications, bid document, etc. Resolution authorizing to proceed. Submitted by Mark Rice, Superintendent of Central Garage RESOLUTIONS 4. Resolution approving Golf Course Pro Shop Agreement with Nathaniel Lubs to provide golf pro services at Gates Park Golf Course for two years with an expiration date of December 31, 2013; and authorize Mayor and City Clerk to execute said document. Submitted by JB Bolger, Golf& Downtown Area Maintenance Manager March 14, 2011 Page 5 5. Resolution approving Professional Services Agreement with AECOM in the amount of$99,500.00 for construction related services in conjunction with F.Y. 2011 Cattle Congress Storm Water Pump Station, Contract No. 801; and authorize Mayor to execute said document. Submitted by Jamie Knutson, P.E., Associate Engineer 6. Resolution approving Professional Services Agreement with AECOM in the amount of$123,000.00 for construction related services in conjunction with F.Y. 2011 River Renaissance North Downtown Trail, Contract No. 786; and authorize Mayor to execute said document. Submitted by Jamie Knutson, P.E., Associate Engineer 7. Resolution approving Professional Services Agreement with AECOM in the amount of$58,000.00 for construction related services in conjunction with F.Y. 2011 Mark's Park Play Area and Performance Structure, Contract No. 773. Submitted by Jamie Knutson, P.E., Associate Engineer 8. Resolution approving recommendation of award of contract to Peters Construction Corporation of Waterloo, Iowa in the amount of $1,514,212.00 in conjunction with F.Y. 2011 River Renaissance Upper Plaza, Contract No. 808. Submitted by Jamie Knutson, P.E., Associate Engineer 9. Resolution approving recommendation of award of contract to Aspro, Inc. of Waterloo, Iowa in the amount of$3,878,281.87 in conjunction with F.Y. 2011 Asphalt Overlay Program, Contract No. 796. Submitted by Jamie Knutson, P.E., Associate Engineer 10. Resolution approving Contract, Bonds and Certificates of Insurance with Aspro, Inc. of Waterloo, Iowa in the amount of$3,878,281.87 in conjunction with F.Y. 2011 Asphalt Overlay Program, Contract No. 796; and authorize Mayor and City Clerk to execute said documents. Submitted by Jamie Knutson, P.E., Associate Engineer 11. Resolution approving Preconstruction Agreement with Iowa Department of Transportation for proposed work on W. 4th Street, Hammond Avenue and Kimball Avenue in conjunction with Bridge Barrier Rail Retro Fit Project on U.S. Hwy 20; and authorize Mayor to execute said document. Submitted by Eric Thorson, P.E., City Engineer March 14, 2011 Page 6 12. Resolution approving Contract, Bonds and Certificates of Insurance with KWS, Inc. of Cedar Falls, Iowa in the amount of$103,985.00 in conjunction with F.Y. 2011 Downtown Wanding Signage, Contract No. 783; and authorize Mayor to execute said documents. Submitted by Jeff Bales, Associate Engineer 13. Resolution approving Conditional Purchase Offer with Arlin and Dolores Zevenbergen,for 26 acres of wooded land on Sans Souci Island Parcel no. 8913-15-326-002, $53,000.00 in conjunction with the Hazard Mitigation Grant Program (HMGP) Property Acquisition Project, and authorize Mayor and City Clerk to execute said document. Submitted by Aric Schroeder, City Planner 14. Resolution approving Contract for the Disaster Recovery Business Rental Assistance Program for Multicultural Counseling Center at 501 Sycamore Street, in the amount of$1,483.38; and Midwest Apparel at 626 Sycamore Street, in the amount of$3,600.00; and authorize Mayor to execute said documents. Submitted by Aric Schroeder, City Planner 15. Resolution approving Preliminary Plat, together with Staff report and Aerial photo in conjunction with Anderson's Ninth Addition. Submitted by Aric Schroeder, City Planner 16. Resolution approving Permanent Easement Agreement with East Waterloo Family Housing, LLL to allow for a public sidewalk to encroach onto private property generally located at the southeast corner of Newell and Mobile Street. Submitted by Aric Schroeder, City Planner 17. Resolution approving request by Richard Penn for an encroachment agreement to allow 4 parking bollards to encroach approximately 16" into the platted public alley north of 316-320 West 4th Street in Block 16 of the Original Waterloo West Plat. Submitted by Noel Anderson, Community Planning& Development Director March 14, 2011 Page 7 18. Resolution setting date of hearing as March 28, 2011 to approve request by Lavern Droste to rezone 0.845 acres of land located at 245 Fletcher Avenue from "R-2,C-Z" Conditional Zoning District and "C-2,C-Z" Conditional Zoning District to "C-1,C-Z" Conditional Zoning District; and instruct City Clerk to publish said notice. Submitted by Aric Schroeder, City Planner 19. Resolution setting date of hearing as March 28, 2011 to approve request to rezone approximately 7.73 acres from "R-2" One and Two Family Residence District and "R-2,C-Z" Conditional Zoning District to "R-1,R-P" Planned Residence District, located at the former Greenbrier School site at 1554 Oakwood Drive at the northwest corner of Oakwood Drive and Cedar Bend Street. Submitted by Noel Anderson, Community Planning& Development Director 20. Resolution setting date of hearing as March 28, 2011 to approve request to rezone approximately 2.2 acres from "R-2" One and Two Family Residence District to "R-1,R-P"Planned Residence District, located at the former Van Eaton School site at 2170 Burton Avenue, approximately 1/8 of a mile north of the intersection of Burton Avenue and West Donald Street. Submitted by Noel Anderson, Community Planning& Development Director 21. Resolution setting date of hearing as March 28, 2011 to approve request to rezone approximately 2.2 acres from "R-2" One and Two Family Residence District to "R-1,R-P"Planned Residence District, located at the former Lincoln Elementary School site at the southeast corner of Burton Avenue and West Parker Street. Submitted by Noel Anderson, Community Planning& Development Director 22. Resolution setting date of hearing as March 28, 2011 to approve request to rezone approximately 2.8 acres from "R-3"Multiple Residence District and "C-2" Commercial District to "C-P" Planned Commercial District , located at the former Expo High School site at 927 Franklin Street. Submitted by Noel Anderson, Community Planning& Development Director 23. Resolution setting date of hearing as March 28, 2011 to approve request to rezone approximately 1.14 acres from "R-2" One and Two Family Residence District to "R-1,R-P"Planned Residence District, located at the former Francis Grout School site 330 Madison Street, located at the southwest corner of Idaho Street and Madison Street. Submitted by Noel Anderson, Community Planning& Development Director March 14, 2011 Page 8 24. Resolution setting date of hearing as March 28, 2011 to approve request to rezone approximately 7.96 acres from "R-2" One and Two Family Residence District to "R-1,R-P" Planned Residence District located at the former Maywood School site at 800 Milwaukee Avenue, at the northeast corner of Calhoun Street and Milwaukee Avenue. Submitted by Noel Anderson, Community Planning& Development Director 25. Resolution setting date of hearing as March 28, 2011 to approve request to rezone approximately 1.12 acres from "R-3" Multiple Residence District to "R-1,R-P" Planned Residence District, located at the Williston Field site at the northeast corner of Williston Avenue and West 7th Street. Submitted by Noel Anderson, Community Planning& Development Director 26. Resolution setting date of hearing as March 28, 2011 to approve request to rezone approximately 3.52 acres from "R-2" One and Two Family Residence District to "R-1,R-P" Planned Residence District, located at the former Irving Elementary School site at 728 Hawthorne Avenue, located at the southwest corner of West 6th Street and Hawthorne Avenue. Submitted by Noel Anderson, Community Planning& Development Director 27. Resolution setting date of hearing as March 28, 2011 to approve request to rezone approximately 6.39 acres from "R-2" One and Two Family Residence District to "R-1,R-P" Planned Residence District, located at the Baltimore Field site along the east side of Vermont Street between Eureka Street and Hawthorne Avenue. Submitted by Noel Anderson, Community Planning& Development Director 28. Resolution setting date of hearing as March 28, 2011 to approve request to rezone approximately 8.47 acres from "R-2" One and Two Family Residence District to "R-1,R-P"Planned Residence District at the former Devonshire School site at 515 Devonshire Drive, located along the south side of Devonshire Road, near its intersection with Wenner Drive. Submitted by Noel Anderson, Community Planning& Development Director 29. Resolution approving application to the Black Hawk County Gaming Grant in the amount of$195,295.00 for Equipment and Furnishings for the Public Market. Submitted by Mayor Buck Clark March 14, 2011 Page 9 30. Resolution approving Second Amendment to Development Agreement with Deer Creek Development, LW to change grant repayment schedule by City to developer for infrastructure improvements previously put in place; and authorize Mayor and City Clerk to execute said document. Submitted by Noel Anderson, Community Planning& Development Director OTHER COUNCIL BUSINESS 31. Motion approving Change Order No. 1 for a net increase of$880.00 for work performed by Advanced Environmental Testing and Abatement, Inc. in conjunction with Asbestos Abatement Services for the Hazard Mitigation Grant Program Property Acquisition Project; and authorize Mayor to execute said document. Submitted by Aric Schroeder, City Planner 32. 2011 Right of Way Mowing Motion to instruct Leisure Services Director to prepare specifications, bid document, etc. Motion to receive and file plans, specifications, bid document, etc. Resolution preliminarily approving plans, specifications, bid document, etc. Resolution instructing City Clerk to publish notice of plans, specifications, bid document, etc. and taking of bids. Set date of hearing and bid opening as March 28, 2011. Submitted by JB Bolger, Golf& Downtown Area Maintenance Manager 33. F.Y. 2011 Street Reconstruction Program, Contract No. 798 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. Set date of hearing and bid opening as April 4, 2011. Submitted by Dennis Gentz, P.E., Assistant City Engineer ORAL PRESENTATIONS Motion to receive and file oral comments. March 14, 2011 Page 10 ADJOURNMENT Motion to adjourn. Suzy Schares City Clerk MEETINGS Monday, March 14, 2011 4:15 p.m. - Council Work Session, Council Chambers 4:45 p.m. -Building and Grounds Committee, Council Chambers 4:50 p.m. - Boards and Commissions Committee, Council Chambers 4:53 p.m. -Human Resources Committee, Council Chambers 4:55 p.m. - Public Works Committee, Council Chambers 5:00 p.m. - Finance Committee, Council Chambers PUBLIC INFORMATION 1. Cable TV Commission minutes of July 1, 2010 on file in the City Clerk's office. CONTRACT PAYMENT SCHEDULE 1. F.Y. 2010 Sixth Street Storm Pump Station Improvements, Contract No. 716 Pay estimate No. 6 to Story Construction in the total amount due of$195,878.60. amCOT TD TER W'LOO CITY OF AD NUMBER PAGE NO. 11 v1�1 LERK'S OFFICE 1345469 1 of 1 715 MULBERRY WATERLOO, IA 50703 BILL DATE SALESPERSON 319-291-4323 04/05/11 milll START DATE STOP DATE 04/05/11 04/05/11 AD NUMBER AD DESCRIPTION CLASS LINES 1 1345469 MARCH 14 MINUTES 0950 LEGAL NOTICE 1042 Publication Insertions Rate Net Amount Gross Amount 3 WATERLOO/CEDAR FALLS COURIER- 1 LEGAL $452.23 TOTAL AD CHARGE $452.23 Purchase Order 719615 PAY THIS AMOUNT $452.23 $452.23 COURIER COMMUNICATION; Please send only the payment slip with payments. Allow 5 business days c/o LEE NEWSPAPERS for payment to be applied to account. For legal questions, please call PO BOX 540 319-291-1411 or 800-798-1741 Mon-Fri 8:00-5:00 pm CST. WATERLOO IA 50704-0540 Return this portion with your payment Legal COURIER COMMUNICATIONS Check# Credit Card Ad Number ' 1345469 c/o LEE NEWSPAPERS ❑ ❑ (vim Li 4 "MS rt Billing Date to 04/05/11 PO BOX 540 — WATERLOO IA 50704-0540 Acct#: [ 1 Amount Due $ 452.23 Exp.Dater ED Amount r Name on credit card Enclosed $ Signature Please make checks payable to: COURIER COMMUNICATIONS kg000433 COURIER COMMUNICATIONS W'LOO CITY OF c/o LEE NEWSPAPERS CLERK'S OFFICE PO BOX 742548 715 MULBERRY CINCINNATI OH 45274-2548 WATERLOO, IA 50703 iiiiiiiiii iiiiiiiiiii1Ir1Iliiiiii IIIIIIIII11i11'lllirllllll 21780300000013454690000000001:1000004522300000452238 'STATE OF IOWA, Black Hawk County I do solemnly swear that the annexed copy of 1345469 MARCH 14 MINUTES notice was published in the WATERLOO/CEDAR FALLS COURIER - , a daily newspaper printed in WATERLOO, Black Hawk County, Iowa, for 1 issues commencing on 04/05/2011, in the issues of 04/05/2011 of said newspaper, and that the annexed rate of advertising is the regular legal rate of said aouaa;uoO enuu newspaper, and that the followingis a correct uewdolan nwwo3 eu ol.°lOa!0 EL'9l d3d811-ANVdW00 LdtlOOHE A 00'0655l Aiwn Zlo0'hy euoo�senp.z ss•sld'l bell for publishing said notice . ; 1 sa0 aoueia;uo0 Ala;es °well Aemy6H ES'Z06 0ll IVOIO3W 33tl1 ONnOf eq . 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Z6"Zl l 338- 8+ !0'0 lsaw3 lobe O 11 i 00'OEl AlddnS S,lOOS 'Aepuoyy uo 'w•d W •ll0Z'lZ emoi OO!o ONI Stl3NLltld W003131 LIIWHAS sOAS a se n8'�4o!IounoS le APO is LOTS 'V 00"09 Sid-•00 310 8 1001 minims -s a e 11 IH'ooliele O 4il;o 11 unjaw a e 'L I. O 41 LLOZ'LZ 4weyy March 7, 2011 The Council of the City of Waterloo, Iowa, met in Regular Session at City Hall Council Chambers, Waterloo, Iowa, at 5:30 p.m. , on Monday, March 7, 2011. Mayor Ernest G. Clark in the Chair. Roll Call: Cole, Getty, Jones, Greenwood, Schmitt, Welper, Hart. Moment of Silence. Pledge of Allegiance: Larry Smith, Superintendent of Waste Management Services. 136020 - Hart/Schmitt that the Agenda, as proposed, for the Regular Session on Monday, March 7, 2011, at 5:30 p.m. , be accepted and approved. Ayes: Seven. Motion carried. 136021 - Hart/Schmitt that the Minutes, as proposed, for the Regular Session on Monday, February 28, 2011, at 5:30 p.m. , be accepted and approved. Ayes: Seven. Motion carried. Mayor Clark read a Proclamation declaring March 12-20, 2011 as World's Greatest Spring Break for Kids Week. CONSENT AGENDA 136022 - Hart/Schmitt that the following items on the consent agenda be received, placed on file and approved: a. Resolutions to approve the following: 1. Resolution approving Schedule AP642, pp. 1-72, dated March 7, 2011, in the amount of $811,572.48, a copy of which is on file in the City Clerk's office, together with recommendation of approval of the Finance Committee. Resolution adopted and upon approval by Mayor assigned No. 2011-144. 2. Request of Iowa Heartland Habitat For Humanity for tax exemptions on improvements totaling $80, 000.00 for property located at 726 Willow Street and located in the Consolidated Urban Revitalization Area-Submitted by Shane Graham, Planner II. Resolution adopted and upon approval by Mayor assigned No. 2011-145. b. Motion to approve the following: Travel Requests Name & Title of Amount not Personnel Class/Meeting Destination Date(s) to Exceed 1. Nancy Gulick, National Denver, June 19- $2,385.00 Community Healthy Homes Colorado 24, 2011 Development Conference Coordinator 2. Captain's Tim FBI National Des Moines, April $446.00 Pillack and Joe Academy Iowa 20-22, Leibold Association 2011 Training Conference 3. Luke Even, Minnesota Arden March $355.00 Forestry Foreman Shade Tree Hills, 15-16, Short Course Minnesota 2011 4 . Eric Thorson, American Overland May 18- $532.00 City Engineer Public Works Park, 20, 2011 Association Kansas 2011 Mid- America Conference and Exhibit Show "M •paTzzeo not;oW •uanas :saAv •aTT; uo paoeTd pup panTaoaz aq 'TTOZ 'ZZ Azenzga3 uo zatznoo ooTza;eM ay; uT paysTTgnd se 13(onzy abegze9 peo7 zeag TTOZ (I) pup ;o aseyoznd uo butzeay oTTgnd ;o pot;ou ;o not;eotTgnd ;o ;oozd Tay; ;;T1yog/pooMuaazo - 9Z09£1 '96T-TTOZ 'OM paubtsse xoAeN Aq TEAoadde uodn pus pa;dope uoT;nTosag •uanas :saA' •pa;dogs aq ' 00'iSZ'9g zo; anoz9 abs;;off T9Z pa;sooT ATTpzauab A;zadozd pauMo-A;to ;o aousAanuoo pue pies ay; zo; Tagaux adoH pue zabog ;o ;sanbaz ay; uo ATbutpz000p peep zaATTap pue ezedazd o; Aauzo;;y A;T3 azTzoy;ne pue 'aousAanuoo pue aTes pies buTZTzoy;ns uoT;niosag„ ;egg zadTaM/;;TimPS - SZ09£1 •paTzzeo not;oW •uanag :seAj •pesoTo aq butzeay ay; ;ey; zadTaM/;;TunloS 'eu0u azaM azay; pup suot;oacgo Tezo pue ua;;T1M zo; peTTeo zoAeW ay; 'butzpay oTTgnd Jo aopid pue aunt; ay; butaq sTyy - 6Z09£T •patzzeo uoi;oN •uanag :saAy 'aTT; uo paoeTd pue panTaoaz aq 'TTOZ 'SZ Azpnzga3 uo zatznoo oolza;eM ay; uT paysTTgnd ss '00'TSZ'9$ zo; anozs abe;;o0 T9Z pa;eooT ATTezauab A;zadozd pauMo-A;To ;o aousAanuoo pue aTes ay; zo; Tagaux adoH pue zabog ;o ;sanbaz uo buTzeay oTTgnd ;o poi;ou ;o uoi;eotTgnd ;o ;oozd ;ey; zadTaM/;;TwuoS - EZO9£T SDNIHV3H �IIH[ld •paTzzpo not;oW 'uanag :saAy peo' stlneys '3 0£8T 'aszno3 ;To9 sTTTH g4u0S'6T anuany za1404aT3 0001 'eszno3 ;ToD TeTzouiaW uazzeM Azi'8I not;eoTTddV eazj aoTAzas zoop;np (sales Aepuns sapnToui) (Z1/TT/s sazTdx3) (TeMauag) ;aaz;s azoureOAS 619-L19 'aouaTuanuo0 azomsoAS'LT (sales Aepuns sapnTouI) (Z1/S1/6 saztdx3) (TeMauag) ;aaz;S a;;aAs;sl 60£T 'zonbiZ zs;s MaN'9T (saTes Aepung sapnTouI) (Z1/6/£ saztdx3) (TeMauag) anueA TTayo;TW '3 0T0T 'spoo3 uMo;amoH•ST g sssTO UOT;pDTTddy ;Tutzad asuaoTZ auTM (Z1/8Z/Z saztdx3) (MaN) anuany auzoy;MeH 000Z 'azoog ;o asnoH s ,Appea 5Tg•6T O sseTO not;eoiTddh ;Tuizad asuaotZ zonbT7 (sales Aepuns sapnToui) (ZT/TT/£ saztdx3) (TeMauag) ;aaz;s azoweDAs 619-LT9 'aouaTuanuoo azouieoAs•£T (saTes Aepuns sapnTouI) (Z1/ST/6 saztdx3) (TeMaua') ;aaz;s a;;aAe;e'i 60£1 'zonbT7 ze;S MaN•ZT (saTes Aepung sapnToui) (ZT/6/£ saztdx3) (TeMauag) anuany TTayo;TW '3 0T01 'spoo3 uMo;aWoH'IT 3 see-up not;eoTTddV Ted esuaoT7 zonbT'T (saTes Aepung sapnToui) (ZT/TT/£ saztdx3) (TeMauag) ;aaz;s azouieOAS 619-L19 'aouaTuanuo3 azomeoAs '6 (saTeS AspunS sapnTouI) (ZT/SI/6 saztdx3) (TeMauag) ;aaz;g a;;eAPJe'I 60£1 'zonbTT ze;g MaN •8 (sales Aepuns sapnTouI) (ZT/6/£ saztdx3) (TeMeue') anuanv 'Taw;TN '3 O1OT 'spoo3 uMo;aWoH L ,7 sseTO uoT;eoTTddv ;Tiuzad esuaoT7 zaag (sales Aepuns sapnToui) (Zi/T£/£ saztdx3) (TeMeuag) peog stineys '3 0£8T 'asznoo ;To0 sTITH 144110S •9 (saTes Aepuns sapnTouI) (Z1/T£/£ saztdx3) (TeMeuag) enuanv zayo4aT3 000T 'asznoo ;Top TpTaosiaw uazzeM !XI 'S g sseTO not;eoTTddll ;tuized asuaoTa zaag Z abed TTOZ 'L goaeW y- Y March 7, 2011 Page 3 136027 - This being the time and place of public hearing, the Mayor called for written and oral objections. Greenwood/Schmitt that the hearing be closed. Ayes: Seven. Motion carried. 136028 - Greenwood/Schmitt that "Resolution confirming approval of specifications, bid document, etc. in conjunction with Purchase of One (1) 2011 Rear Load Garbage Truck", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2011-147. 136029 - Greenwood/Schmitt that "Resolution authorizing to proceed in conjunction with Purchase of One (1) 2011 Rear Load Garbage Truck", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2011-148. 136030 - Greenwood/Schmitt to receive, file and instruct City Clerk to open and read bids and refer to Superintendent of Central Garage for review: Bidder Bid Amount Harrison Truck Centers PO Box 1708 $129, 884 .00 Waterloo, IA 50704 Truck Country of Cedar Rapids 700 29th Avenue SW $118,758.00 Cedar Rapids, IA 52404 Ayes: Seven. Motion carried. 136031 - Getty/Hart that proof of publication of notice of public hearing on F.Y. 2011 River Renaissance Upper Plaza, Contract No. 808, as published in the Waterloo Courier on February 22, 2011, be received and placed on file. Ayes: Seven. Motion carried. 136032 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Getty/Hart that the hearing be closed. Ayes: Seven. Motion carried. 1 136033 - Getty/Hart that "Resolution confirming approval of plans, specifications, form of contract, etc. in conjunction with F.Y. 2011 River Renaissance Upper Plaza, Contract No. 808", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2011-149. 136034 - Getty/Hart that "Resolution ordering construction in conjunction with F.Y. 2011 River Renaissance Upper Plaza, Contract No. 808", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2011-150. 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Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2011-154. 136043 - Schmitt/Welper that "Resolution approving recommendation of award of contract to KWS, Inc. of Cedar Falls, Iowa in the amount of $103, 985.00 in conjunction with F.Y. 2011 Downtown Wayfinding Signage, Contract No. 783; and authorize Mayor to execute said document-Submitted by Jeff Bales, Associate Engineer", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2011-155. OTHER COUNCIL BUSINESS 136044 - Hart/Welper to instruct City Engineer to prepare plans, specifications, form of contract, etc. in conjunction with F.Y. 2011 Sidewalk Repair Program - Zone 1 And Trail Repairs, Contract No. 804, be received, placed on file and approved. Ayes: Seven. Motion carried. 136045 - Hart/Welper that plans, specifications, form of contract, etc. in conjunction with F.Y. 2011 Sidewalk Repair Program - Zone 1 And Trail Repairs, Contract No. 804, be received and placed on file. Ayes: Seven. Motion carried. 136046 - Hart/Welper that "Resolution preliminarily approving plans, specifications, form of contract, etc. in conjunction with F.Y. 2011 Sidewalk Repair Program - Zone 1 And Trail Repairs, Contract No. 804", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2011-156. 136047 - Hart/Welper that "Resolution setting date of hearing and bid opening as March 28, 2011 and instructing City Clerk to publish notice of plans, specifications, form of contract, etc. in conjunction with F.Y. 2011 Sidewalk Repair Program - Zone 1 And Trail Repairs, Contract No. 804", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2011-157. BUDGET HEARING 136048 - Schmitt/Greenwood that proof of publication of notice of public hearing on FYE2012 Budget, as published in the Waterloo Courier on February 17, 2011, be received and placed on file. Ayes: Seven. Motion carried. 136049 - This being the time and place of public hearing, the Mayor called for written and oral objections. Oral comments on file in the City Clerk's office. Schmitt/Welper that the hearing be closed and oral and written comments be received and placed on file. Ayes: Seven. Motion carried. 136050 - Getty/Hart that "Resolution approving said FYE2012 Budget with a total tax levy rate of $18.53336 and total property tax askings of $40, 433,154", be adopted. Prior to a vote on the above item, the following comments were heard. Oral comments on file in the City Clerk's office. 1I xzaTO A4TO sazeuog Azng •pazzzeo uoTpow •uanes :eaAid •ui•d Z£:L qe uznocpe TTouno0 agg 4e1-14 eToO/4zeH - ZSO9£I JN3WN2i[IOL U •pazzzeo uoT4ow uanaS :saAj •aTT3 uo paoeTd pue panTaoaz eq sTueunuoo Tezo anoge agq. geug eI0D/4zeH - TSO9ET •e0t33o s,xzaTO A4TO eq4 LIT eTT3 uo s41.19unuoo Tea() SNOI LVJN3S32Id '1V O •BST-TIOZ •oi paubisse zoAew Aq Tenozdde uodn pue pagdope uoT nlosag •paTzzeo uoT4ow • (zadTaM ';;Tun;os 'sauop) aazgy :sAeN •zno,3 :seAy •gTnsaz buTMoTTo3 alp ugTM uoT4oui anoge agq. uo uaxel. sem aq.on a squeunuoo buTMoTTo3 9 abed TTOZ 'L uozew CITY OF WATERLOO Council Communication City Council Meeting: March 7th 2011 Prepared: February 17th, 2011 Dept. Head Signature: # of Attachments: N/A SUBJECT: March Team Member of the Month Submitted by: Buck Clark, Mayor Recommended City Council Action: Acknowledgement of Recognition Summary Statement The City of Waterloo is proud to announce that Colleen Clark has been named March's Team Member of the Month. Ms. Clark has worked for the Central Garage department since November 27, 1989 as a Parts and Inventory Clerk. She distinguished herself through teamwork, her positive "can do" attitude, excellent customer relation's skills and ongoing commitment of excellence in her day-to-day performance. 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Trelka, Director of Safety Services Recommended City Council Action: Requesting approval for the Grout Museum District's event, WORLD'S LARGEST CHEMISTRY DEMO, to be held Saturday, August 13, 2011 from 9:0o a.m. — 2:00 p.m. Summary Statement: The Grout Museum District will be sponsoring the World's Largest Chemistry Demo on Saturday, August 13, 2011 from 9:oo a.m. to 2:0o p.m. A flat bed trailer will be located on South Street from W. 2nd Street to W. 3rd Street where the demonstration will take place. There will be food vendors in Washington Park. Services are being requested from various City Departments as outlined on the attached letter from Melissa Wells. Expenditure Required: Source of Funds Policy Issue Alternative Background Information: Cc: Captain Joe Leibold,Waterloo Police Department Fire Rescue Steve Decker, Street Department Paul Huting, Leisure Services Sandie Greco, Traffic Operations 03/02/2011 11:57 FAX 319 236 0500 GROUT MUSEUM DISTRICT IA002 To: City of Waterloo Attention: Mayor Buck Clark 8 City Council From: Melissa Wells/Grout Museum District Date: March 2, 2011 Re: World's Largest Chemistry Demo, August 13, 2011 The Grout Museum District will be sponsoring the World's Largest Chemistry Demo on Saturday, August 13 from 9:00 am to 2:00 pm for the public. We will have a flat bed trailer on South Street from West 2nd Street to West 3rd Street, where the demonstration will take place. We will have 3-5 food vendors in Washington Park from 10:00 am to 2:00 pm. Vendors There will be 3-5 food vendors in Washington Park from 10:00 am to 2:00 pm. Electricity may be needed. We will need cooperation from the following city departments: Parks Department Use of Washington Park. Setup will begin at 8:00 am on Saturday, August 13, 2011 and will be completed on Saturday, August 13, 2011 by 4:00 pm. Tear down will be immediately following the event. Street Department Use of barricades and meter bags. We will need to shut down the following streets from 8AM on Saturday (8-13) until apx. 3:00 on Saturday (8-13) - South Street from West 2nd St. to West 3rd St. The intersections that need barricades are: • On South St. at the 3rd Street intersection We will need to bag the parking meters on Friday, August 12th after 5PM to help with barricading and setup. 03/02/2011 11:57 FAX 319 236 0500 GROUT MUSEUM DISTRICT L6 003 Electrical Department We request the use of electrical boxes. We will need them in operation by 8AM on Saturday, August 13 and need them until 3:00PM. In the event that we have not furnished the proper information on this request, or if you have concerns about one or more of our requests, please feel free to contact Melissa Wells at: (w) 234-6357 (c) 830-2617. The Grout Museum District appreciates all of your cooperation and help with this event. I look forward to hearing from you. RESOLUTION NO. 2011-160 RESOLUTION APPROVING REQUEST OF GROUT MUSEUM DISTRICT TO HOLD THE "WORLD' S LARGEST CHEMISTRY DEMO" EVENT ON AUGUST 13, 2011 . WHEREAS, Grout Museum District has requested that they be allowed to hold the "World' s Largest Chemistry Demo" event on August 13, 2011 from 9: 00 a.m. to 2 : 00 p.m. , with the event to be held on South Street from West 2nd Street to West 3rd Street, including food vendors in Washington Park from 10 : 00 a.m. to 2 : 00 p.m. , and WHEREAS, South Street from West 2nd Street to West 3rd Street will need to be shut down on Saturday, August 13, 2011 from 8 : 00 a.m. to 3: 00 p.m. , and, WHEREAS, South Street at the 3rd Street intersection will need to be barricaded. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the request of Grout Museum District to hold the "World' s Largest Chemistry Demo" event on August 13, 2011 from 9: 00 a.m. to 2 : 00 p.m. , with the event to be held on South Street from West 2nd Street to West 3rd Street, including food vendors in Washington Park from 10 : 00 a.m. to 2 : 00 p.m. , be and the same is hereby approved. PASSED AND ADOPTED this 14th day of March, 2011. Wit. Quentin Hart, Mayor Pro Tem ATTEST: uzy Scha es, CMC City Clerk CITY OF WATERLOO Council Communication City Council Meeting: March 14, 2011 Prepared: Daniel J. Trelka Dept. Head Signature• # of Attachments: SUBJECT: Kindness Outreach April 2, 2011 Submitted by: Daniel J. Trelka, Director of Safety Services Recommended City Council Action: Requesting Council approval for the Kindness Outreach on April 2, 2011, where area churches participate in neighbors being touched through kindness and service. Orchard Hill Church would like to reserve Lincoln Park in Waterloo from 11:3o a.m. - 2:0o p.m. to serve lunch to people passing through or along the streets around Lincoln Park. Summary Statement: Expenditure Required: Source of Funds Policy Issue Alternative Background Information: Cc: Captain Joe Leibold, Police Department Paul Huting, Leisure Services Sandie Greco, Traffic Operations Steve Decker, Street Department Fire Rescue 03/04/2011 11:47 3192914297 WATERLOO LEISURE SER PAGE 02/02 2-25-11 Waterloo Leisure Services 110I Campbell Ave. Waterloo, IA 50701 To whom it may concern, Our church is involved in a community wide Kindness outreach on April 2,2011. The Churches in the cedar valley participate in neighbors being touched through kindness and service. I would like to reserve Lincoln Park in Waterloo from 11:30 to 2:00 pm. Our group will serve a lunch to people passing along the streets around Lincoln Park and the ones passing thru the Park. We will bring grills and leave the Park in better shape than. when we arrived_ I would hope that anyone from your office is touched that day by some sort of kindness. Thank You, Barbara McMahon 415 Walnut St. Cedar Falls, IA 50613 L� SbtP i 3 y15- 6/6.l RESOLUTION NO. 2011-161 RESOLUTION APPROVING REQUEST OF ORCHARD HILL CHURCH, IN CONJUNCTION WITH OTHER CHURCHES IN THE CEDAR VALLEY, TO HOLD A "KINDNESS OUTREACH" EVENT ON APRIL 2, 2011 . WHEREAS, Orchard Hill Church, in conjunction with other Churches in the Cedar Valley, have requested that they be allowed to hold a "Kindness Outreach" event on April 2, 2011, and WHEREAS, said event will be held from 11 : 30 a.m. to 2 : 00 p.m. at Lincoln Park, with the group serving lunches to people passing along the streets around Lincoln Park. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the request of Orchard Hill Church, in conjunction with other Churches in the Cedar Valley, to hold a "Kindness Outreach" event on April 2, 2011 from 11 : 30 a.m. to 2 : 00 p.m. at Lincoln Park, be and the same is hereby approved. PASSED AND ADOPTED this 14th day of March, 2011 . 44.(0159 Quentin Hart, Mayor Pro Tem ATTEST: Suzy Scha es, CMC City Clerk APPLICATION FOR VARIANCE TO NOISE ORDINANCE APPLICANT'S NAME: Pra''ye. p APPLICANT'S ADDRESS: 1l9,1 \gr, 'f-De. t,.1o, S-77V; APPLICANT'S PHONE#: \0\- 53- ANTICIPATED DATE OF VARIANCE: 'Tue.3� c\ Ir) NAME OF EVENT: 'Ec y\ 'FN.? Vow) TIMES OF DAY OF VARIANCE: `S' co`)o7 (n ,n..r„ . GEOGRAPHICAL LOCATION OF VARIANCE: .vr\Co\r DISTANCE OF ACTIVITY FROM RESIDENTIAL PROPERTIES: 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. I. t)o ACo ?),;5‘)1,75 ?c�&�s, \ t)d( -\ A\\ 1105� r ic2f 1 A U 2 kil\ h01- n V re bon . )-\avtR 0..) ,f5 t,-1\i w111 u mill." ie ark r t 'ek &bone w;11 ,� t,,\ :, LT -6 a-,.� }...;(-:) bt., s Applicant'gnatur V9,,) Dat CITY COUNCIL ACTION: Police Dept.Recommendati APPROVAL: 311 q ( I I APPROVAL: DENIAL: DENIAL: DECIBEL LEVEL: U 27— RESOLUTION NO. 2011-162 RESOLUTION GRANTING REQUEST OF AMIE STEFFEN FOR VARIANCE TO NOISE ORDINANCE, ORDINANCE NO. 3094 . WHEREAS, Amie Steffen is requesting a variance to the Noise Ordinance on April 12, 2011 from 3 : 30 p.m. until 6: 00 p.m. in conjunction with "Equal Pay Day" event to be held in Lincoln Park, including a band/DJ and the use of a PA system, and WHEREAS, said event will exceed the limits of the Noise Ordinance, Ordinance No. 3094, and WHEREAS, said Amie Steffen made formal application for a variance effective April 12, 2011 from 3 : 30 p.m. until 6: 00 p.m. in conjunction with "Equal Pay Day" event to be held in Lincoln Park, including a band/DJ and the use of a PA system, together with recommendation of approval of the Director of Safety Services . NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the request of Amie Steffen for a variance to Ordinance No. 3094, Noise Ordinance, on April 12, 2011 from 3 : 30 p.m. until 6: 00 p.m. in conjunction with "Equal Pay Day" event to be held in Lincoln Park, including a band/DJ and the use of a PA system, be and the same hereby granted. PASSED AND ADOPTED this 14th day of March, 2011 . t4C;i(5l Quentin Hart, Mayor Pro Tem ATTEST: Suzy Scharel, CMC City Clerk FINANCE DEPT. STAFF ONLY LINE ITEM USED �)�( 1 g1UO /34(0 TRAVEL REQUEST FY,2dll BUDGETED 90OOOb CITY OF WATERLOO EXPENDED YTD 777G,/7 THIS REQUEST _ / .QO.UU LEFT AFTER THIS REQUEST 704/3,8J DATE Original-Clerk/Finance Copy-Department NAME(S) AND POSITION(S): DATE: Tim Moyer, Electrical Inspector February 28, 2011 NAME OF CLASS/ MEETING: DESTINATION: Des Moines, IA Electrical Plans Examiner Certification Examination DEPARTURE POINT IF NOT WATERLOO: DEPARTURE DATE: RETURN DATE: DATE(S) OF MEETING: Tuesday, March 8, 2011 March 8, 2011 March 8, 2011 PURPOSE OF TRAVEL/TRAINING: To take required examination WILL TRAVEL REQUIRE ADDITIONAL PERSONNEL: x COST $ YES NO METHOD OF TRAVEL: X CITY VEHICLE PRIVATE VEHICLE AIRFARE DEPARTING FROM: Waterloo ESTIMATE OF COST: BUDGET LINE ITEM: 010-22-5100-1346 LODGING TAXI GRANT REIMBURSABLE MEALS PARKING YES NO $180.00 REGISTRATION AIRFARE x REQUIRED CERTIFICATION MILEAGE/FUEL MISC/TOLLS YES NO TOTAL FOR ALL: $ 180.00 TOTAL: $ 180.00 PER PERSON I BELIEVE THIS TRIP SERVES A PUBLIC PURPOSE I APPROVE THIS TRAVEL REQUEST AND IS NECESSARY AND BENEFICIAL TO THE CITY OF V'IATERLOO DE TMENT HEAD MAYOR 2 `N DATE DATE K:AShared Goodies\Forms\Travel Request Form January 2010 FINANCE DEPT. STAFF ONLY LINE ITEM USED t/6 ,.2/ 2 C l3C/(,o TRAVEL REQUEST FY-A,;I I BUDGETED .. 61lJ,UY/ CITY OF WATERLOO EXPENDED YTD - THIS REQUEST /1'/(;. t c� LEFT AFTER THIS REQUEST / '8 3. 910 DATE ,7 2C! Original-Clerk/Finance Copy- Department NAME(S)AND POSITION(S): DATE: Abraham Funchess—Executive Director February 24, 2011 Sharina Sallis- Commissioner NAME OF CLASS/ MEETING: DESTINATION: Minneapolis, Minnesota White Privilege Conference 12 DEPARTURE POINT IF NOT WATERLOO: DEPARTURE DATE: RETURN DATE: DATE(S) OF MEETING: 4/13/2011 4/16/2011 4/13/2011 —4/16/2011 PURPOSE OF TRAVEL/TRAINING: To attend the White Privilege Conference in Minneapolis, Minnesota. WILL TRAVEL REQUIRE ADDITIONAL PERSONNEL: X COST$ YES NO METHOD OF TRAVEL: CITY VEHICLE X PRIVATE VEHICLE AIRFARE DEPARTING FROM: ESTIMATE OF COST: BUDGET LINE ITEM: 010-27-2500-1346 $714.00 LODGING TAXI GRANT REIMBURSABLE $ 33'0,0'1' MEALS PARKING YES NO $360.00 REGISTRATION AIRFARE REQUIRED CERTIFICATION $ /L.+Z,p , MILEAGE/FUEL MISC/TOLLS YES NO TOTAL FOR ALL: $ $7/46,a"/ TOTAL: $ $(f � PER PERSON I BELIEVE T TRIP SERVES A PUBLIC PURPOSE I APPROVE THIS TRAVEL REQUEST AND IS'N ESSARY AND BENEFICIAL TO THE CITY,OF A ERLOO 64 D ARTMEN HEAD MAYOR Z. /7 /7/ LfIII DATE DATE K:\Shared Goodies\Forms\Travel Request Form January 2010 CITY OF WATERLOO Council Communication City Council Meeting: 3/14/11 Prepared: 3/2/2011 Dept. Head Signature: # of Attachments: 2 SUBJECT: Appointment of Mary Potter to the Water Works Board, effective 3/14/11 to 1/12/2016. Submitted by: Mayor Clark Recommended City Council Action: Approval Summary Statement Expenditure Required Source of Funds Policy Issue Alternative Background Information: Mary is filling the unexpired term of Craig Caslavka, deceased. WATERLOO WATER WORKS DENNIS D.CLARK,P.E. 325 SYCAMORE STREET • P.O.BOX 27 319-232-6280 TRUSTEES: CRAIG CASLAVKA,Chair General Manager&Secretary WATERLOO,IOWA 50704 FAX:319-232-1962 TERRY KUNTZ,Vice-chair RODGER BURRIS March 1, 2011 RECEIVED MAR O. 2011 Honorable Mayor Buck Clark City of Waterloo 715 Mulberry Street Waterloo, IA. 50703 Dear Mayor Clark: As you know, Craig Caslavka, Board Chair of the Waterloo Water Works, passed away in January 2011. The Waterloo Water Works Board is comprised of three Trustees who serve staggered six-year terms. Craig's term was scheduled to expire on January 12, 2016. The other Board members are Terry Kuntz and Rodger Burris. We have been working to fill the vacancy to complete Craig's unexpired term, and to achieve gender equity. We feel we have a very good applicant in Mary H. Potter of 207 Leland Avenue, Waterloo, Iowa. Mary has submitted an enclosed application to be appointed to the Waterloo Water Works Board of Trustees. Mary brings a strong business background from her years as a New York Life Insurance agent, as well as experience and involvement with numerous community activities. I believe Mary Potter will be a strong and positive Board member, and I am pleased to request her appointment to the Waterloo Water Works Board of Trustees. If Mary's appointment could be scheduled for the March 14, 2011 Waterloo City Council meeting, she would be eligible to participate in the next regularly scheduled Board of Trustees meeting on Wednesday, March 16, 2011. Mary's partial term would then run from March 14, 2011 to January 12, 2016. Thank you for your consideration of this request. Please feel free to contact me if you have any questions. Respectfully submitted, WATERLOO WATER WORKS Dennis D. Clark, P.E. General Manager DDC/cm Enclosure C: David Jones Mary Potter Printed on recycled paper RECEIVED MAR 02 `LTA CITY OF WATERLOO, IOWA BOARDS & COMMISSIONS APPLICATION Date: 02 - 2S- .oil 1, Q " ��� ` otter , request to be appointed to (state preference): (Neme) 1. Waterloo Lt. bey- 1ll9ik 1 IeeS 2. Home Phone: Jig- a33- 57(0 Cell Phone: e(cj-939 _1753 Work Phone: 3(q-233- aa-0 Home Address ao 7 Le{a.o Witte(too itj- Zipcode ,so is Employer (\l e W -j o v k L Title A cj etiT Employer Address I 9-1(,, W 4' �'fi �J 'rto t A' l Zipcode S a 7 0 How long have you resided in Waterloo? � 7 years List current membership in organizations and offices held: e de (s 601 - r. hrtc PreSerdati0n C mmisS`wvl Ciwt,rzh Rod is far'i 1\i eik9i43arkooh Assn - Pops Al fhPAl e.edo.r Ua-iiej _ I PV{-P1c ekr, vtt ek o (1)- ntivtuvtihi (o✓,vM Est - MaatibpysCq SeLiat !VI/lj- Li iav'i au niA, - Ck&itwato1 Pope 1 Ma.ikacJeae ,1401-i. Okla it1 L4 i,1.'t fi1(oo (ue p&awis Ctu k JMewdoee I am available for meetings: Noon Even I am available to serve on a Board/Commission the entire year: Yet No (check below) Spring Summer Fall Winter All Seasons Briefly explain your qualifications for appointment to a designated Board/Commission: rlctiP A Le rest _n M,'ater(oo afr\ok U,aAt- 4o ao ea.i 019 NM/lilt u.a hi set" 'CI' i de a Litd cl ra-1,0 ato o -ucfi' oe ,f r Pray c L hetteke ) I4ble work r i vtse as w: , fro s Additional information and comments that may not be evident from information already on this form: References (include phone numbers): titular (?[ \ i !� r too Inc uuaed) ` co r U%m i hatact ev-1 -Dow e , Ifpv, eajd are I understand this application does not bind me to accept an appointment should it be offered, nor does it guarantee an appointment to a Board/Commission. If selected, I will be available to attend appropriate training sessions. This application will remain valid and on file for one calendar year from date above. Signatur RETURN TO MAYOR'S OFFICE, 715 MULBERRY ST., WATERLOO, IA 50703 08/03/2010 FAX 291-4286; PHONE 291-4301. CITY OF WATERLOO Boards and Commissions & Council Communication Boards & Commissions & Council Communication Meeting: March 14,2011 Prepared: March 3, 2011 Dept Head Signature: CC Number of Attachments: SUBJECT: Appointment to ADA Compliance Commission Submitted by: Craig Clark Building Official Recommended Committee Action: Approve appointmen of Elizabeth Cox to a three-year term on the ADA Compliance Commission, commencing March 14 , 2011 and expiring March 14, 2014 Summary Statement: Elizabeth provide a application for the ADA Compliance Commission on Feb 18,2011 Expenditure Required: N/A Source of Funds: N/A Policy Issue: N/A Alternative: N/A Background Information: Elizabeth is employed at VGM- People for Quality Care and has a Master degree of public policy form UNI and is Chair of Black Hawk County Board of Public Heath. CITY OF WATERLOO Boards and Commissions & Council Communication Boards & Commissions & Council Communication Meeting: March 14,2011 Prepared: March 3, 2011 Dept Head Signature: CC 5 f✓ 0 Number of Attachments: SUBJECT: Appointment to ADA Compliance Commission Submitted by: Craig Clark Building Official Recommended Committee Action: Approve appointment of Dan Bigler to a three-year term on the ADA Compliance Commission, commencing March 14, 2011 and expiring March 14, 2014 Summary Statement: Dan provided an application for the ADA Compliance Commission on Feb 18,2011. Expenditure Required: N/A Source of Funds: N/A Policy Issue: N/A Alternative: N/A Background Information: Dan works for Exceptional Persons as a Maintenance Supervisor and is dealing with handicap individuals daily. Dan serves on the ADA committee for Exceptional Persons and is the Chairman of the Board at 1st Assembly of God. Dan will be replacing Diane Holmes . 1/1i '\rlr�;; CITY OF WATERLOO , IOWA �►1" ks-T1�� CITY ATTORNEYS OFFICE 715 Mulberry St. • Waterloo, IA 50703 • (319) 291-4327 Fax (319)291-4571 OS� fPt100 TAMES E.WALSH,JR.,City Attorney • DAVID R.ZELLHOENbR,Assistant City Attorney Mayor BUCK CLARK COUNCIL March 14, 2011 MEMBERS DAVID TONES Ward 1 Mayor Buck Clark and CAROLYN City Council COLE Ward 2 City Hall Waterloo, IA 50703 HAROLD GETTY Dear Mayor Clark and Council Members: Ward 3 QUENTIN M. I have examined the bonds filed with the City Clerk/Auditor's Office up to the HART close of business on March 10, 2011. Ward 4 RON Of the 7 bonds submitted, ' were approved and 0 WELPER rejected, as shown on the attached list. Ward 5 BOB V truly yours, GREENWOOD At-Large STEVE SCHMITT avid . Zellhoefer At-Large Assistant City Attorney DRZ:lc CITY WEBSITE:www.cityofwaterlooiowa.com WE'RE WORKING FOR YOU! An Equal Opportunity/ARlrrnative Action Employer BONDS FOR COUNCIL APPROVAL MARCH 14, 2011 RIGHT OF WAY CONSTRUCTION BOND (EXPIRES 4/30/12) AMOUNT: $5, 000 . 00 CIA 566225 B & B BUILDERS & SUPPLY WATERLOO, IA -IA 537158 CEDAR VALLEY CORP. WATERLOO, IA CIA 595193 CEDAR VALLEY LAWN CARE WATERLOO, IA -IA 590430 HOFFMAN & HOFFMAN TRENCHING INC CEDAR FALLS, IA .. 24811669 TD & I CABLE MAINTENANCE, INC. LAKELAND, MN --SY56900 WEST UNION TRENCHING, LLC WEST UNION, IA CIA 594827 WORDEHOFF CONTRACTING INC LAPORTE CITY, IA Library Third Floor Carpet March 14, 2010 Bid Tab Estimate: $33,000.00 Bid Bond Not Required Bidder Bid Amount Floor Decor 706 Ansborough Avenue _3 5 '/, I/ Waterloo, IA 50701 CITY OF WATERLOO Council Communication City Council Meeting: February 7,2011 / Prepared: January 27,2011 ' .1(Lf f c l( Dept. Head Signature: # of Attachments: 1 SUBJECT: Library Third Floor Carpet Submitted by: Craig Clark Maintenance Admin. Recommended City Council Action: to instruct Building Official/Maintenance Administrator to prepare specifications, form of contract, etc. in conjunction with Library Third Floor Carpet be received,placed on file and approved. that specifications, form of contract, etc. in conjunction with Library Third Floor Carpet be received and placed on file that"Resolution preliminarily approving specifications, form of contract, etc. in conjunction with the above described project", be adopted. that"Resolution setting date of hearing on specifications, form of contract, etc. and bid opening as March 14, 2011 at 5:30 p.m. in the City Hall Council Chambers on the above described project", be adopted and City Clerk instructed to publish notice of same. Summary Statement: Expenditure Required $33,000.00 Source of Funds 410-22-3100-2152 Background Information: City of Waterloo Request for Bid The CITY OF WATERLOO Building Maintenance Department is seeking sealed bids for the replacement of carpet and vinyl base on the third floor of the Waterloo Public Library located at 415 Commercial Street. The Waterloo Library has selected Bigelow commercial carpet tile for this project. This is the same brand used in the rest of the library. . The style is Fluid Form, and the color is 7379 Ember. No substitutions will be allowed. The Vinyl base shall be six inches in height and the color to be determined at a later date. Scope of Work: The scope of work shall include the removal of all old flooring and vinyl debris from the premises. All floor prep for the installation of the new carpet will be the responsibility of the contractor. Waterloo Building Maintenance will be responsible for moving furniture and Waterloo Library Employees will move personal effects based on a schedule agreed to by both parties to allow for the efficient completion of this project. The CITY OF WATERLOO will be responsible for the removal of asbestos floor tile in three areas and some rooms do not require new base because they have granite or wood. The areas to be carpeted are detailed by the following list and on a blue print available by request. There is a mandatory pre-bid meeting set for Feb. 28th at 1pm at meeting room A of the Waterloo Public Library. Only those attending will be allowed to submit a bid. All bids shall include a 5% bid bond and proof of insurance. Bids shall be clearly labeled LIBRARY CARPET BID and are due in Waterloo City Clerks Office by 5pm March 14th, 2011 and will be opened at Waterloo City Council Meeting on March 14th, 2011 beginning at 5:15 PM. Payment: All payments will be subject to 5% retention. Retention will be paid within 30 days of final acceptance of job. Questions can be directed to Jeff Siebel, 319-230-8307. . STATE OF IOWA, Black Hawk County I do solemnly swear that the annexed copy of 1341812 NOTICE OF PUBLIC HEARING AND NOTICE notice was published in the WATERLOO/CEDAR FALLS COURIER - , a daily newspaper printed in WATERLOO, Black Hawk County, Iowa, for 1 issues commencing on 02/24/2011, in the issues of 02/24/2011 of said newspaper, and that the annexed rate of advertising is the regular legal rate of said newspaper, and that the following is a correct bill for publishing said notice . Printer' s Bill $19 . 1O NOTICE OF PUBLIC HEARING AND NOTICE TO BIDDERS for the taking of bids for LIBRARY THIRD FLOOR CARPET Sealed proposals will be received by the /JI City Clerk of the City of Waterloo,Iowa, at her office in the City Hall of said City on the 14th day of March,2011,until 4:00 p.m.,for the Library Third Floor ,S lgne There will be a mandatory pre-bid meet- ing held on Monday,February 28,2011 at 1:00 p.m.in Meeting Room A at the Waterloo Public Library,415 Commercial Subscribed and sworn to before me this Street,Waterloo,Iowa.All proposals received will be opened in the Council Chambers in the City Hall in the City of Waterloo,Iowa,on the 14th / !, day of March,2011,at 5:30 p.m.Bid pro- day of (,,.,�1,�� r '1 I posals will be acted upon at that time or ( at such time as may then be fixed. �� Notice is hereby given that the Council of .141.c1 the,City of Waterroo will conduct-a public !, hearing on the proposed specifications, - n ^� // bid document,form of contract and esti- ... 1 CJl t7 mate of cost for the Library Third Floor Carpet at 5:30 p.m.on March 14,2011, in the Council Chambers in the City Hall ary Publ iL b in the City of Waterloo,bid form Is Iowa.on file in the officepro- posed of the City Clerk for public examination. A bid document may be obtained from the Interim Building Official/Maintenance Received of Administrator,715 Mulberry Street,Wa- terloo,Iowa,50703. Anyone who is interested may appear at said time and place and be heard or may file written objection with the City Clerk, the sum of Dollars City Hall,Waterloo,Iowa,befpre the in full for of the above invoice. date set for said hearing. publicationBy order of the Council of the City of Wa- terloo this 7th day of February,2011. Suzy Schares City Clerk Notary Seal: RESOLUTION NO. 2011-163 RESOLUTION CONFIRMING APPROVAL OF SPECIFICATIONS, BID DOCUMENT, FORM OF CONTRACT, ESTIMATE OF COST, ETC. , IN CONJUNCTION WITH THE LIBRARY THIRD FLOOR CARPET. WHEREAS, the City Council of the City of Waterloo, Iowa, heretofore instructed the Interim Building Official/Maintenance Administrator of said City to prepare proposed specifications, bid document, form of contract, estimate of cost, etc. in conjunction with the Library Third Floor Carpet, in the City of Waterloo, Iowa, and WHEREAS, said Interim Building Official/Maintenance Administrator did file said preliminary specifications, bid document, form of contract, estimate of cost, etc. in conjunction with the Library Third Floor Carpet, which were preliminarily approved by Resolution No. 2011-90 on February 7, 2011, and WHEREAS, a public hearing, upon notice, was held on March 14, 2011. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that said proposed specifications, bid document, form of contract, estimate of cost, etc. in conjunction with the Library Third Floor Carpet, in the City of Waterloo, Iowa, be, and the same are hereby, approved as filed. PASSED AND ADOPTED this 14th day of March, 2011 . Quentin Hart, Mayor Pro Tem ATTEST: Suzy Schar , CMC City Clerk RESOLUTION NO. 2011-164 RESOLUTION AUTHORIZING TO PROCEED IN CONJUNCTION WITH THE LIBRARY THIRD FLOOR CARPET. WHEREAS, by Resolution No. 2011-163, specifications, bid document, form of contract, etc. , in conjunction with the Library Third Floor Carpet, in the City of Waterloo, Iowa, have been approved and adopted by this Council after the public hearing on March 14, 2011 as prescribed by statute. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that it is deemed advisable and necessary and it is so ordered on motion by this Council that the said project proceed in accordance with said specifications . PASSED AND ADOPTED this 14th day of March, 2011 . Quentin Hart, Mayor Pro ATTEST: Suzy Schare , CMC City Clerk CITY OF WATERLOO Council Communication 144-&-t• 14 (0.6(1 City Council Meeting: March 14, 2011 Prepared: March 10, 2011 Dept. Head Signature:k # of Attachments: SUBJECT: Request for authorization to Purchase one (1) new Elgin Pelican Street Sweeper for the Street Department Submitted by: Mark Rice, Central Garage Superintendent Recommended City Council Action: Approval Summary Statement: Programmed Street Sweeper Replacement Expenditure Required: See bids below Source of Funds: 410-19-7100-2117 Policy Issue: NA Alternative: NA Background Information: Prices obtained from Minnesota State Bid versus factory dealer network price are: Minnesota State Bid: $164,900.50 Trans-Iowa Equipment: $168,234.00 Recommend the bid obtained through the Minnesota State Bid process be approved. CITY OF WATERLOO 1C_Ojt 3/114 Vl Council Communication City Council Meeting: March 14, 2011 Prepared: February 21, 20 1 �/ Dept. Head Signaturtr4—/,-- # of Attachments: SUBJECT: Request to set date of hearing and notice of public hearing for the purchase of one (1) new Elgin Pelican Street Sweeper for the Street Department Submitted by: Mark Rice, Central Garage Superintendent Recommended City Council Action: Approval Summary Statement: Programmed Street Sweeper Replacement Expenditure Required: Estimated Cost: $166,750 Source of Funds: 410-19-7100-2117 Policy Issue: NA Alternative: NA Background Information: We have had the ability to test a number of different types and styles of sweepers and vacuum trucks and find the Elgin 3-Wheel continues to perform best for our specific needs. Due to the regional sales structure within Elgin, it will not be possible to seek competitive bids for a like model sweeper. I am requesting authorization to purchase this sweeper through the Minnesota state bid, which will result in an estimated 2-3%savings versus factory direct. • STATE OF IOWA, Black Hawk County I do solemnly swear that the annexed copy of 1341812 NOTICE OF PUBLIC HEARING AND NOTICE notice was published in the WATERLOO/CEDAR FALLS COURIER - , a daily newspaper printed in WATERLOO, Black Hawk County, Iowa, for 1 issues commencing on 03/10/2011, in the issues of 03/10/2011 of said newspaper, and that the annexed rate of advertising is the regular legal rate of said newspaper, and that the following is a correct bill for publishing said notice. Printer' s Bill $18 . 23 NOTICE OF PUBLIC HEARING AND NOTICE TO BIDDERS for the taking of bidsds for 1)NEW ELGIN PELICAN Signed ONESWEE ER FOR THE STREET REET DEPARTMENT Sealed proposals will be received by the City Clerk of the City of Waterloo,Iowa, at her office in the City Hall of said City Subscribed and sworn to before me this 1n00n the on,th day of PurchaMarch,se O1,until(1 12:00 noon,for the Purchase of One(1) New Elgin Pelican Street Sweeper for / the Street Department. day of A'�g� r �,'�I All proposals received will be opened in �K4 the Council Chambers in the City Hall in the City of Waterloo.Iowa,on the 14th P,p w.�.... ....__..... day of March,2011,at5:30pm.Bid pro- I ." + ;u f1 3.g5 s i posals will be acted upon at that time or r at such time as may then be fixed. n Notice is hereby given that the Council of • the City of Waterloo will conduct a public ,„P __- 3hearing on the proposed specifications, bid document,etc.for the Purchase of tary Public One(1)Elgin Pelican Street Sweeper for the Street Department at 5;30 p.m.on March 14,2011,in the Council Cham- bers in the City Hall in the City of Water- loo,Iowa.The proposed bid form is on Received of file in the office of the City Clerk for public examination. A bid document may be obtained from the Superintendent of Central Garage,1314 Black Hawk the sum of Dollars Street,Waterloo,Iowa,50703. in full for publication of the above invoice . Anyonetime anho is interestedheay appearmay said time and place and be heard or may file written objection with the City Clerk, City Hall,Waterloo,Iowa,before the date set for said hearing. By order of the Council of the City of Wa- terloo this 28th day of February,2011. Notary Seal : Suzy Schares City Clerk RESOLUTION NO. 2011-165 RESOLUTION CONFIRMING APPROVAL OF SPECIFICATIONS, BID DOCUMENT, FORM OF CONTRACT, ESTIMATE OF COST, ETC. , IN CONJUNCTION WITH THE PURCHASE OF ONE (1) NEW ELGIN PELICAN STREET SWEEPER. WHEREAS, the City Council of the City of Waterloo, Iowa, heretofore instructed the Superintendent of Central Garage of said City to prepare proposed specifications, bid document, form of contract, estimate of cost, etc. , in conjunction with the Purchase of One (1) New Elgin Pelican Street Sweeper, in the City of Waterloo, Iowa, and WHEREAS, said Superintendent of Central Garage did file said preliminary specifications, bid document, form of contract, estimate of cost, etc. in conjunction with Purchase of One (1) New Elgin Pelican Street Sweeper, which were preliminarily approved by Resolution No. 2011-142 on February 28, 2011, and WHEREAS, a public hearing, upon notice, was held on March 14, 2011. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that said proposed specifications, bid document, form of contract, estimate of cost, etc. in conjunction with the Purchase of One (1) New Elgin Pelican Street Sweeper, in the City of Waterloo, Iowa, be, and the same are hereby, approved as filed. PASSED AND ADOPTED this 14th day of March, 2011 . Quentin Hart, Mayor Pro Tem ATTEST: Suzy Schar s, CMC City Clerk RESOLUTION NO. 2011-166 RESOLUTION AUTHORIZING TO PROCEED IN CONJUNCTION WITH THE PURCHASE OF ONE (1) NEW ELGIN PELICAN STREET SWEEPER. WHEREAS, by Resolution No. 2011-165, specifications, bid document, form of contract, etc. , in conjunction with the Purchase of One (1) New Elgin Pelican Street Sweeper, in the City of Waterloo, Iowa, have been approved and adopted by this Council after the public hearing on March 14, 2011 as prescribed by statute. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that it is deemed advisable and necessary and it is so ordered on motion by this Council that the said purchase proceed in accordance with said specifications. PASSED AND ADOPTED this 14th day of March, 2011 . 1 !ram Quentin Hart, Mayor Pro em ATTEST: Suzy Schar s, CMC City Clerk CITY OF WATERLOO Council Communication City Council Meeting: 3/14/2011 Prepared: 3/8/11 Dept. Head Signature.�r�� # of Attachments: SUBJECT: Gates Golf Course Professional Contract Submitted by: JB Bolger- Golf Manager Recommended City Council Action:Approve Two-Year Contract Extension Summary Statement: Leisure Services Staff is recommendin_ extension to the current contract with Nate Lubs, Head Golf Professional of Gates Park Golf Course. Original contract with Nate was a two-year term leaving only one year left in that contract. After an extremely successful 2010 season it is recommended that we extend this contract to match that of the other two Golf Professionals in our system. This would amount to a two-year extension to the current contract. New contract would expire end of day December 31s', 2013. Expenditure Required N/A Source of Funds N/A Policy Issue N/A Alternative Do not approve extension. Current contract is set to expire December 31", 2011. Background Information: Nate's performance in his first year at Gates Park was exceptional. He has made a significant financial investment to offer first rate Pro Shop amenities and services. All contractual and utility payments to the City were made on time and at the correct amount. CITY OF WATERLOO Council Communication City Council Meeting: 3/14/2011 Prepared: 3/8/11 Dept. Head Signature.�r�� # of Attachments: SUBJECT: Gates Golf Course Professional Contract Submitted by: JB Bolger- Golf Manager Recommended CityCouncil Action:Approve Two-Year Contract Extension PP Summary Statement: Leisure Services Staff is recommending extension to the current contract with Nate Lubs, Head Golf Professional of Gates Park Golf Course. Original contract with Nate was a two-year term leaving only one year left in that contract. After an extremely successful 2010 season it is recommended that we extend this contract to match that of the other two Golf Professionals in our system. This would amount to a two-year extension to the current contract. New contract would expire end of day December 31", 2013. Expenditure Required N/A Source of Funds N/A Policy Issue N/A Alternative Do not approve extension. Current contract is set to expire December 31", 2011. Background Information: Nate's performance in his first year at Gates Park was exceptional. He has made a significant financial investment to offer first rate Pro Shop amenities and services. All contractual and utility payments to the City were made on time and at the correct amount. GOLF COURSE PRO SHOP AGREEMENT This Golf Course Pro Shop Agreement(the "Agreement") is made and entered into as of , by and between the City of Waterloo, Iowa("City") and Nate Lubs Golf, Inc., d/b/a Gates Park Golf Shop ("Golf Pro"). In consideration of the mutual promises exchanged herein, City and Golf Pro agree as set forth below. 1. DEFINITIONS. Whenever used in this Agreement, these terms shall be defined as follows: Commission: Waterloo Leisure Services Commission Director: Waterloo Leisure Services Director Golf Course: Gates Park Golf Course Golf Season: Opening day through official closing as determined each calendar year by the Commission Pro Shop: Gates Park Golf Course Pro Shop 2. TERM OF AGREEMENT. This term of this Agreement shall commence on January 1, 2011 and continue until and including December 31, 2013, unless terminated sooner pursuant to this Agreement. Upon commencement of this Agreement,the previous agreement between the parties shall be terminated and superseded by this Agreement. 3. INDEPENDENT CONTRACTOR STATUS. The parties hereby acknowledge and agree that Golf Pro is an independent contractor and is not an employee, agent, partner, or joint venturer of City. Golf Pro has no power or authority to enter into contracts or agreements on behalf of City. City has in this Agreement determined the work to be done by Golf Pro, but Golf Pro shall determine the legal means by which it performs the work specified. City is not responsible for withholding, and shall not withhold, FICA or taxes of any kind from any payments it may make to Golf Pro under this Agreement. Neither Golf Pro nor any of its employees shall be entitled to receive any benefits that employees of City are entitled to receive and shall not be entitled to workers compensation, unemployment compensation, medical insurance, life insurance, pension, or any benefits of any type or nature whatsoever on account of their work for City. Golf Pro shall be solely responsible for compensating its employees. 4. ALTERNATE USE OF GOLF COURSE. City, acting through the Director, retains the right to designate golf courses for uses other than golf in order to maximize benefits to the public and provide community-wide service. With that in mind, the Director shall, with a minimum of fourteen (14) calendar days' notice to Golf Pro, designate any event to occur on the Golf Course that the Director deems necessary or proper for the public benefit or as a community-wide service. 5. PAYMENT BY GOLF PRO. In addition to other payments as set forth in the Agreement, Golf Pro shall pay City the sum of Sixteen Thousand and 00/100 Dollars ($16,000) each calendar year. Golf Pro may make said payment in installments no more than twelve (12)times per year, and in any event payment in full shall be made on or before December 31 each year. 6. CONCESSIONS AND SERVICES. A. Golf Pro shall be responsible for providing the general public with concession at the Golf Course during the Golf Season. "Concessions" shall include but not be limited to food, beverages, riding cart rentals, services, and merchandise. B. Golf Pro shall retain all income from sale of Concessions and golfing lessons and from the rental of lockers. C. Golf Pro must demonstrate and possess the ability and financial solvency to operate the Pro Shop and to fulfill all duties of Golf Pro as set forth in this Agreement. Toward this end, Golf Pro shall annually(on or before July 1 of each year) deliver the following documents or information to City: 1. A verified or certified financial statement that shows Golf Pro is not insolvent and has the ability to pay all debts as they come due. 2. In lieu of the statement required by paragraph 1, a written statement from Golf Pro's primary lender setting forth the existence and amount of any line of credit that Golf Pro has with such lender and verifying that Golf Pro is current on making all payments to the lender pursuant to such line of credit and other borrowing arrangements between them. City may, at any time and from time to time, review Golf Pro's financial records as they relate to Golf Pro's operations relating to the Golf Course. Such review shall be at City's sole expense. Golf Pro shall fully cooperate in such review. 7. COLLECTION OF GOLF FEES. City shall retain all revenue from green fees and the sale of season tickets, except as otherwise provided in this Agreement. Golf Pro shall collect daily green fees, season ticket fees, and miscellaneous revenue as required by the Director. Golf Pro shall follow all procedures set by the Director or the Director's designee for the collection and remittal of fees and for recordkeeping. 8. INCENTIVE PAYMENTS. City agrees to make to Golf Pro the incentive payments provided for in this Section 8. For purposes of this Section,the "18-Hole Base" is the number of 18-hole daily fee rounds charged and collected in 2008, the "9-Hole Base" is the number of 9-hole daily fee rounds charged and collected in 2008, and the "Four Year Average" is the average of the number of 9-hole or 18-hole, as applicable, daily fee rounds charged and collected in the four calendar years immediately preceding the year in which an incentive payment is to be made. All incentive payments shall be paid by City within 45 days after the last day of each Golf Season. 18-Hole Incentive. The incentive payment shall be an amount equal to $1.00 for each 18-hole daily fee round charged and collected in excess of the 18-Hole Base, up to the Four Year Average for 18-hole daily fee rounds charged and collected. For each 18-hole daily fee round charged and collected in excess of such Four Year Average,the incentive payment shall be an amount equal to $2.00 for each such round. 9-Hole Incentive. The incentive payment shall be an amount equal to $0.50 for each 9-hole daily fee round charged and collected in excess of the 9-Hole Base, up to the Four Year Average for 2 9-hole daily fee rounds charged and collected. For each 9-hole daily fee round charged and collected in excess of such Four Year Average, the incentive payment shall be an amount equal to $1.00 for each such round. Special Promotions Incentive. In addition to the above incentives, Golf Pro and the Director or Director's designee may agree on terms for other incentives from time to time. 9. RESPONSIBILITIES OF THE CITY. In connection with the operation of the Pro Shop, City will be responsible for the following: A. Provide Golf Pro with such areas as are now existing in the Pro Shop building to be used for the purpose of providing Concessions and services. City reserves the right to increase or decrease the size of, or to alter any part of, the Pro Shop building. B. Make all ordinary or reasonable structural repairs required for maintenance and upkeep of the Pro Shop building. C. Furnish tables, chairs, counters, and supplies, such as scorecards, pencils, light bulbs, and any other furnishings as it deems necessary. City will also furnish toilet paper and necessary restroom cleaning supplies. D. Provide the garbage pick up from outdoor receptacles to be provided by City at the Pro Shop building. E. Provide Golf Pro with the use of a storage building for motorized golf carts at the Golf Course. F. Waive greens fees for two (2) tournaments sponsored by the Golf Pro during each season. Golf Pro must request prior approval of these tournaments from City's Golf Manager. To qualify for a waiver, at least one of the tournaments must not be a repeat of a tournament conducted during any of the previous three (3) golf seasons. G. Golf Pro shall have first right to salvage all lost golf balls from any body of water within the boundaries of the Golf Course, and upon salvage all such balls shall be the sole property of Golf Pro. 10. RESPONSIBILITIES OF GOLF PRO. A. The parties acknowledge that Nathaniel Lubs ("Cubs") is a key employee and principal of Golf Pro. The personal services that Lubs will provide in operation of the Pro Shop and Golf Course are a material inducement for City to enter this Agreement with Golf Pro, and the parties acknowledge that, without the services to be provided by Lubs hereunder, City would not enter this Agreement with Golf Pro. Golf Pro agrees that it shall, at all times during the term of this Agreement, continue to employ Lubs as a key employee and officer of Golf Pro. In light of the foregoing, if Lubs ceases to be an active employee of Golf Pro for any reason, or if Lubs ceases to own a controlling interest in Golf Pro, then City may choose to terminate this Agreement as set forth in Section 16 below. 3 B. Golf Pro shall keepaccurate accounts of ticket sales and deposits, and assure p conscientious and efficient service to the general public. Golf Pro shall provide a list of its employees to the Director at the beginning of each Golf Season and shall supplement such list anytime thereafter when employee changes are made. All such employees shall be hired and terminated at Golf Pro's discretion. Golf Pro agrees to make all decisions regarding the hiring or termination of employees in compliance with State and Federal laws requiring equal opportunity in employment without discrimination, segregation, or regard to an applicant's or employee's race, color, religion, national origin, sex, age, handicap, or disability. C. Golf Pro shall keep the Pro Shop facility open and in operation during hours approved by the Director. Golf Pro shall, at the beginning of each Golf Season, and thereafter when any changes are proposed, provide the Director with a schedule of proposed hours when the Pro Shop will be open. D. Golf Pro shall make no alterations, affixations, or repairs to any part of the Pro Shop building or furnishings without first obtaining written approval of the Director. E. Golf Pro shall be responsible for the operation, care and cleaning of locker room facilities and restrooms in the Pro Shop building. Golf Pro shall be responsible for providing necessary cleaning supplies for all areas of the Pro Shop, except for the restrooms. F. Golf Pro shall be responsible for keeping the immediate area outside the Pro Shop free of litter and debris. G. Golf Pro shall be responsible for providing and maintaining all equipment necessary to operate a food and beverage concession and for providing the other services that Golf Pro is required to furnish pursuant to this Agreement. H. Golf Pro shall be responsible for providing and maintaining all golf carts. During each golf season from March through November, the minimum number of operable golf carts during the term of this Agreement shall be no less than thirty-six (36). I. Lubs shall be permitted reasonable time to participate in golf tournaments and other professional activities, including schools and seminars which are necessary to maintain and improve Golf Pro's professional status. J. Golf Pro shall have the exclusive right to give golf lessons at the Golf Course. Golf Pro shall be solely responsible to set and collect fees for lessons. Golf Pro shall provide competent and high-level golf instruction for all groups and levels of players. Golf Pro understands and agrees that a solid developmental junior program is of the highest priority to City, and to that end shall make every effort to ensure the success of a junior program. However, Golf Pro shall allow area high school and college coaches to give instruction to their team members during team practices as authorized and scheduled by Commission staff. 4 K. Golf Pro shall be responsible to comply, and to operate the Golf Course and Pro Shop in a manner that complies, with all applicable laws,rules, regulations and orders of federal, state or local governing authority. 11. UTILITIES. A. Golf Pro will pay City twenty-five percent(25%) of all costs for utilities, including but not limited to heat, lights, water, and local telephone service at the Pro Shop during the months of March through November, and thirty-seven and one-half percent(37.5%) of all such costs during the months of December through February. City shall invoice Golf Pro monthly for such costs, and Golf Pro shall remit payment to City within fourteen (14) days. B. Golf Pro shall be responsible for long distance calls made on by it or its staff at the Pro Shop. Golf Pro may obtain expanded cable television service at its own expense. Golf Pro shall be responsible to pay for all inspection services provided by City. C. Golf Pro shall pay for all gasoline and/or electrical service necessary to operate and/or charge golf carts. Gasoline will be available through the Golf Course maintenance shop pumps and billed to Golf Pro on a monthly basis through the Commission office. Payment for gasoline will be ten (10) days after mailing or delivery of the bill. Electrical service charges will be billed to Golf Pro through the Commission's local utility account(currently with MidAmerican Energy). Payment of electrical service charges will be due ten (10) days from mailing or delivery to Golf Pro. D. Golf Pro acknowledges that it has been fully apprised of City's Energy Audit Agreement with MidAmerican Energy, and Golf Pro agrees that it will fully cooperate with City and MidAmerican to keep Pro Shop energy efficient and consistent with City's Energy Audit Program. If Golf Pro fails to cooperate with this provision, Golf Pro shall be solely responsible to pay for all charges for utilities identified in paragraph A above. 12. INSURANCE AND BONDS. A. City will provide public liability, property damage and fire insurance coverages on the Pro Shop structure through its policies. B. Golf Pro shall, at its own expense, procure and maintain insurance sufficient to meet the requirements of the Iowa worker's compensation laws. Golf Pro shall provide the Director with proof of coverage at the beginning of each Golf Season. C. Golf Pro shall, at its own expense, procure and maintain casualty and liability insurance with one or more responsible companies that are authorized to do business in the State of Iowa, in the annual aggregate amount of not less than Five Million Dollars ($5,000,000.00). At the beginning of each Golf Season, Golf Pro shall provide the Director and City's insurance coordinator with proof of such insurance coverage. D. The Commission and City shall be named as additional insureds on the insurance policies Golf Pro is required to maintain pursuant to this Section 12. Furthermore, Golf Pro agrees to indemnify, defend, and hold harmless the Commission and City from and against(1) all claim, 5 demand, cause of action, or damages of any type or nature relating to or arising from any and all bodily injury to or death of any person or persons, or any and all damage to any property, occasioned by any act, omission, neglect, or wrong-doing of Golf Pro and/or its employees and/or(2)any and all claim, demand, cause of action, or damages of any type or nature relating to or arising from the existence of this Agreement, other than any claim, demand, cause of action, or damages that one party hereto may have against the other for breach of the terms of this Agreement. The above-described insurance policies shall not be canceled or otherwise altered in any way without at least thirty(30) days' written notice delivered to the Director. E. Golf Pro shall, at its own expense, procure and maintain a fidelity bond in the minimum amount of$25,000 covering any loss or misuse of Golf Course monies due to any fraudulent or dishonest act on the part of Golf Pro and any of its employees. Golf Pro shall provide the Director with proof of same at the beginning of each Golf Season. 13. SUPERVISION AND COOPERATION. A. Golf Pro shall work with the Director or the Director's designee to promote and provide the most efficient service for the golfers of the community. B. Golf Pro shall work with the Director or the Director's designee to provide the highest quality Pro Shop services, Concessions, merchandise, and marketing. 14. PERFORMANCE REVIEW AND TERMINATION. City's objective with respect to the Golf Course and other courses under its ownership is to provide high quality golfing facilities and services to the general public and to provide value to taxpayers. To achieve this end, Golf Pro agrees to cooperate with City in good faith for evaluation and review of all aspects of Golf Course facilities and operations. Each calendar year during the term of this Agreement, either party shall have the right, exercisable without cause or reason, to terminate this Agreement by giving written notice to the other party no later than October 31 of the intent to terminate the Agreement as of the following December 31. 15. DISPUTE RESOLUTION. In the event either party claims that provisions of this Agreement have been breached by the other party, as an alternative to termination of this Agreement as set forth in Section 14 above, the party may request a conference by delivering written notice to the other party. The written notice shall detail the violations alleged. A conference between the Director and Golf Pro will be arranged within ten (10) days of the date of notice, or such later date as the parties may consent to in writing, and the parties shall in good faith make every reasonable effort to reach an amicable solution. If the parties do not reach a mutually satisfactory resolution of the dispute, they may exercise any remedies available to them under this Agreement and/or applicable law. 16. TERMINATION FOR CAUSE. A. In addition to the election to terminate this Agreement as provided in Section 14 above,this Agreement may be terminated for cause by the Director upon the occurrence of any of the following events (each an "Event of Default"): 6 y • r 1. Death or incapacitating physical or mental disability of Lubs, his termination from employment by Golf Pro, or his sale of a controlling interest of the issued and outstanding ownership interests of Golf Pro. 2. Dishonesty or other conduct detrimental to the best interests of the Commission or City by Golf Pro or its principal officers. 3. Continuing inattention to or neglect of duties by Golf Pro or its principal officers. 4. Insolvency or bankruptcy of Golf Pro. 5. Illegal conduct of Golf Pro or its principal officers. 6. Golf Pro's failure to deliver the documents required under Section 6.0 above. 7. Failure of Golf Pro to maintain the insurance or bonds required under Section 12 above. 8. Golf Pro's violation of state or local alcohol licensing and control laws, including but not limited to laws restricting sales of alcohol to persons under legal age. 9. The breach by Golf Pro of any other material term of this Agreement. Termination may be immediate or upon advance notice, in the sole discretion of the Director. Waiver of any default shall not constitute or be construed as a waiver of any other or subsequent default. Director shall not be deemed to have waived the right to terminate for any given Event of Default until ninety (90) days have elapsed after the occurrence of such Event of Default. B. Upon termination of the Agreement under this section, Golf Pro shall, within thirty (30) days, surrender to City possession of all buildings and furnishings in reasonable condition, subject to ordinary wear and tear. Within said period, Golf Pro shall remove all personal property belonging to it, or its affiliates, agents or permittees. Any personal property of Golf Pro or other persons that remains upon the premises after said 30-day period shall be deemed abandoned and shall become the property of City, and City may use, retain or dispose of said property in any manner it deems fit without incurring liability therefor to Golf Pro or any other person. 17. TRANSFER OR ASSIGNMENT. Golf Pro shall not transfer or assign this Agreement or sublet the privileges or premises without the prior written consent of City. This Agreement shall be t, binding upon and inure to the benefit of the parties and the respective personal representatives, successors, and assigns of each. 18. NO LEASE. The parties acknowledge and agree that this Agreement does not constitute a lease by Golf Pro of the Pro Shop, Golf Course, or any other real property owned by City, nor is this Agreement to be construed as a lease or rental agreement. The rights granted to Golf Pro hereunder are personal and contractual in nature. 19. NO JOINT VENTURE. Nothing in this Agreement shall, or shall be deemed or construed to, create or constitute any joint venture, partnership, agency, employment, or any other relationship between the parties nor to create any liability for one party with respect to the liabilities or obligations of the other party or any other person. 20. GENERAL. This Agreement represents the entire agreement between the parties with respect to the subject matter hereof, superseding all prior or other agreements or understandings relating thereto. 7 This Agreement may not be modified except by the mutual written consent of both parties. Time is of the essence in the performance of the terms of this Agreement. IN WITNESS WHEREOF,the parties have entered into this Golf Course Pro Shop Agreement by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO, IOWA NATE LUBS GOLF, INC. By: By: Ernest G. Clark, Mayor Nathaniel L. Lubs, President Attest: Suzy Schares, City Clerk 8 STATE OF IOWA ) ) ss. BLACK HAWK COUNTY ) Acknowledged before me on , by Nathaniel L. Lubs, as President of Nate Lubs Golf, Inc. Notary Public STATE OF IOWA ) ) ss. BLACK HAWK COUNTY ) Acknowledged before me on , by Ernest G. Clark and Suzy Schares, as Mayor and City Clerk, respectively, of the City of Waterloo, Iowa. Notary Public 9 RESOLUTION NO. 2011-167 RESOLUTION APPROVING TWO-YEAR EXTENSION OF GOLF COURSE PRO SHOP AGREEMENT WITH NATE LUBS GOLF, INC. AND DIRECTING EXECUTION OF SAID AGREEMENT BY MAYOR PRO TEM. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the two-year extension of the original Golf Course Pro Shop Agreement dated November 16, 2009, with a new expiration date of December 31, 2013, to provide golf pro services at Gates Park Golf Course, by and between Nate Lubs Golf, Inc. and the City of Waterloo, Iowa, be and the same is hereby approved, and the Mayor Pro `Tem and City Clerk authorized to execute the same in behalf of the City of Waterloo, Iowa. PASSED AND ADOPTED this 14th day of March, 2011 . d.e Quentin Hart, Mayor Pro Tem ATTEST: Suzy Schare , City Clerk AK CITY OF WA I'PRLOO C ,b Council Communication City Council Meeting: March 14, 2011 Prepared: March 8, 2011 Dept. Head Signature: Eric Thorson, PE., City Engineer #of Attachments: SUBJECT: PROFESSIONAL SERVICES AGREEMENT CONSTRUCTION RELATED SERVICES FOR THE F.Y. 2011 CATTLE CONGRESS STORM WATER PUMP STATION CITY CONTRACT NO. 801 Submitted by: lamie Knutson, P.E.,Associate Engineer Recommended City Council Action: Staff has reviewed this agreement and recommends Council approve this document and authorizes Mayor to sign and enter into said agreement. Summary Statement Transmitted herewith is the Professional Services Agreement with AECOM, for the construction related services for the F.Y. 2011 CATTLE CONGRESS STORM WATER PUMP STATION, Contract No. 801. This agreement is available in the City Clerk's office if you wish to review it in its entirety. Expenditure Required The cost for the CRS services is ninety-nine thousand five hundred dollars($99,500.00), and shall not be exceeded without authorization of the City. Source of Funds Division 1 - Black Hawk County Solid Waste Distibution Division 2 - Sewer Fund Alternate 1 - Sewer Fund Alternate 2 - Black Hawk County Solid Waste Distibution Policy Issue N/A Alternative N/A Background Information A Professional Services Agreement was entered into between the City of Waterloo and AECOM on Sept. 22, 2003 for the preliminary design, final design, and construction related services for the Cedar Valley Riverfront Renaissance,Waterloo Vision Iowa Projects, including the Riverwalk Loop, Cedar River Dam Improvements, Cedar River Plaza and Amphitheatre. This CRS agreement is specific to the F.Y. 2011 Cattle Congress Storm Water Pump Station. This pump station is needed because when the dam is inflated, the pipe outlets to the river will be under water. The pump station will pump storm water from the dry side out to the Cedar River when the dam is inflated. RESOLUTION NO. 2011-168 RESOLUTION APPROVING PROFESSIONAL SERVICES AGREEMENT WITH AECOM TECHNICAL SERVICES, INC. AND DIRECTING EXECUTION OF SAID AGREEMENT BY MAYOR PRO TEM. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Professional Services Agreement dated March 14, 2011, at a cost of $99, 500 . 00, for construction related services for the F.Y. 2011 Cattle Congress Storm Water Pump Station, Contract No. 801, by and between AECOM Technical Services, Inc. of Waterloo, Iowa and the City of Waterloo, Iowa, be and the same is hereby approved, and the Mayor Pro Tem and City Clerk authorized to execute the same in behalf of the City of Waterloo, Iowa. PASSED AND ADOPTED this 14th day of March, 2011 . Quentin Hart, Mayor Pro Tem ATTEST: uzy Sc a es, CMC City Cler CITY OF WATERLOO Council Communication City Council Meeting: March 14, 2011 Prepared: March 8, 2011 Dept. Head Signature: Eric Thorson, PE., City Engineer #of Attachments: SUBJECT: PROFESSIONAL SERVICES AGREEMENT CONSTRUCTION RELATED SERVICES FOR THE F.Y. 2011 RIVER RENAISSANCE NORTH DOWNTOWN TRAIL CONTRACT NO. 786 F.Y. 2011 MARK'S PARK PLAY AREA AND PERFORMANCE STRUCTURE CON 1RACT NO. 773 Submitted by: Jamie Knutson, P.E.,Associate Engineer Recommended City Council Action: Staff has reviewed this agreement and recommends Council approve this document and authorizes Mayor to sign and enter into said agreement. Summary Statement Transmitted herewith is the Professional Services Agreement with AECOM, for the construction related services for the F.Y. 2011 RIVER RENAISSANCE NORTH DOWNTOWN TRAIL, Contract No. 786 and F.Y.2011 MARK'S PARK PLAY AREA AND PERFORMANCE STRUCTURE, Contract No. 773. This agreement is available in the City Clerk's office if you wish to review it in its entirety. Expenditure Required The cost for the CRS services for Contract No. 786 is one hundred twenty-three thou ar d dulls s t r\($123,000), and shall not be exceeded without authorization of the City. \ 111\ The cost for the CRS services for Contract No. 773 is fifty-eight thousand d.,1. r,.: :: 00), a . shall not be exceeded without authorization of the City. 1a .' 1 Source of Funds Contract 786-Solid Waste Distribution Contract 773- Black Hawk Gaming Assoc., RECAT Policy Issue N/A Alternative N/A Background Information A Professional Services Agreement was entered into between the City of Waterloo and AECOM on Sept. 22, 2003 for the preliminary design, final design, and construction related services for the Cedar Valley Riverfront Renaissance,Waterloo Vision Iowa Projects, including the Riverwalk Loop, Cedar River Dam Improvements, Cedar River Plaza and Amphitheatre. This :s CRS agreement is specific to the F.Y. 2011 River Renaissance North Downtown Trail and the F.Y. 2011 Mark's Park Play Area and Performance Structure. RESOLUTION NO. 2011-169 RESOLUTION APPROVING PROFESSIONAL SERVICES AGREEMENT WITH AECOM TECHNICAL SERVICES, INC. AND DIRECTING EXECUTION OF SAID AGREEMENT BY MAYOR PRO TEM. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Professional Services Agreement dated March 14, 2011, at a cost of $123, 000 . 00, for construction related services for the F.Y. 2011 River Renaissance North Downtown Trail, Contract No. 786, by and between AECOM Technical Services, Inc. of Waterloo, Iowa and the City of Waterloo, Iowa, be and the same is hereby approved, and the Mayor Pro Tem and City Clerk authorized to execute the same in behalf of the City of Waterloo, Iowa. PASSED AND ADOPTED this 14th day of March, 2011 . Quentin Hart, Mayor Pro Tem ATTEST: uzy Schar s, CMC City Clerk CITY OF WATERLOO Council Communication City Council Meeting: March 14, 2011 Prepared: March 8, 2011 Dept. Head Signature: Eric Thorson, PE., City Engineer # of Attachments: SUBJECT: PROFESSIONAL SERVICES AGREEMENT CONSTRUCTION RELATED SERVICES FOR THE 1 F.Y. 2011 RIVER RENAISSANCE NORTH DOWNTOWN TRAIL CONTRACT NO. 786 F.Y. 2011 MARK'S PARK PLAY AREA AND PERFORMANCE STRUCTURE CONTRACT NO. 773 Submitted by: lamie Knutson, P.E., Associate Engineer Recommended City Council Action: Staff has reviewed this agreement and recommends Council approve this document and authorizes Mayor to sign and enter into said agreement. Summary Statement Transmitted herewith is the Professional Services Agreement with AECOM, for the construction related services for the F.Y. 2011 RIVER RENAISSANCE NORTH DOWNTOWN TRAIL, Contract No. 786 and F.Y. 2011 MARK'S PARK PLAY AREA AND PERFORMANCE STRUCTURE, Contract No. 773. This agreement is available in the City Clerk's office if you wish to review it in its entirety. C� Expenditure Required t e cos TOr t CRS services for Contract No. 786 is one hundred twenty-three thousand dollars ($123,000.00), d shall not be exceeded without authorization of the City. /// e cost✓✓for the CRS services for Contract No. 773 is fifty-eight thousand dollars ($58,000.00), and shall not be exceeded without authorization of the City. Source of Funds !/ Contract 786-Solid Waste Distribution Contract 773- Black Hawk Gaming Assoc., RECAT Policy Issue N/A Alternative N/A Background Information A Professional Services Agreement was entered into between the City of Waterloo and AECOM on Sept. 22, 2003 for the preliminary design, final design, and construction related services for the Cedar Valley Riverfront Renaissance,Waterloo Vision Iowa Projects, including the Riverwalk Loop, Cedar River Dam Improvements, Cedar River Plaza and Amphitheatre. This CRS agreement is specific to the F.Y. 2011 River Renaissance North Downtown Trail and the F.Y. 2011 Mark's Park Play Area and Performance Structure. RESOLUTION NO. 2011-170 RESOLUTION APPROVING PROFESSIONAL SERVICES AGREEMENT WITH AECOM TECHNICAL SERVICES, INC. AND DIRECTING EXECUTION OF SAID AGREEMENT BY MAYOR PRO TEM. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Professional Services Agreement dated March 14, 2011, at a cost of $58, 000 . 00, for construction related services for the F.Y. 2011 Mark' s Park Play Area and Performance Structure, Contract No. 773, by and between AECOM Technical Services, Inc. of Waterloo, Iowa and the City of Waterloo, Iowa, be and the same is hereby approved, and the Mayor Pro Tem and City Clerk authorized to execute the same in behalf of the City of Waterloo, Iowa. PASSED AND ADOPTED this 14th day of March, 2011 . Quentin Hart, Mayor Pro Tem ATTEST: Suzy Schare , CMC City Clerk CITY OF WATERLOO Council Communication City Council Meeting: March 14, 2011 Prepared: March 8, 2011 Dept. Head Signature: Eric Thorson, PE., City Engineer # of Attachments: 1 SUBJECT: F.Y. 2011 RIVER RENAISSANCE UPPER PLAZA AWARDING OF CONTRACT PETERS CONSTRUCTION CORPORATION Contract No. 808 Submitted by: Jamie Knutson, P.E.,Associate Engineer Recommended City Council Action: After review of the bids, it is being recommended that the award of the contract be made to PETERS CONSTRUCTION CORPORATION, of Waterloo, Iowa, in the amount of $1,514,212.00. Summary Statement At the City Council meeting on March 7, 2011, bids were opened for the F.Y. 2011 RIVER RENAISSANCE UPPER PLAZA, Contract No. 808, with PETERS CONSTRUCTION CORPORATION, of Waterloo, 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 $1,514,212.00 Source of Funds Vision Iowa Funding Policy Issue Alternative Background Information: This is the last River Renaissance project to be bid. Cc: Louis Starks, Contracts &Grants Coordinator RESOLUTION NO. 2011-171 RESOLUTION APPROVING RECOMMENDATION OF AWARD OF CONTRACT TO PETERS CONSTRUCTION CORPORATION OF WATERLOO, IOWA, IN CONJUNCTION WITH THE F.Y. 2011 RIVER RENAISSANCE UPPER PLAZA, CONTRACT NO. 808, IN THE AMOUNT OF $1, 514, 212 . 00 . BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA: That the bid of Peters Construction Corporation of Waterloo, Iowa, in the amount of $1, 514, 212 . 00, in conjunction with the F.Y. 2011 River Renaissance Upper Plaza, Contract No. 808, described in the plans and specifications heretofore adopted by this Council for said project with Resolution No.p � 2011-149, after public hearing on March 7, 2011 on published notice required by law, be and is hereby accepted. PASSED AND ADOPTED this 14th day of March, 2011 . Quentin Hart, Mayor Pro ATTEST: Suzy Schar s, CMC City Clerk lo3Euipl003 SaUEIQ 79 SaaEI3UO3 'slims sino'I :ao :uopmuuopiil punozaalaug anpEuzaaly anssl Aatiod anuana)I xei saps uopd0 IEOO-I spun'3o aaznos LS•I8Z`8L8`£$ pazinbag aznatpuadxg patjaEaaE ally Ui uopEpuaunuoaal sill paaaiuisuEla sal pUE squamialinbal wBJ old aauEtiduio0 3JE14UO3 ZOOZ aila Oa 2upElal SUia31 aila pamainal SEq So3EuipJIooJ s3UEl3 pUE Saam:UOo au •Iappiq moj auazeddE 31p SE 'Envoi 'oOIIa4E/A 3O "DM `O' dSV ipim`96L 'oN as uO3 `TWUOOUId AVIIRAO r IVHCSV IiOZ '.2cd aip zo3 pauado azam spiq `I IOZ `L ip'EN uo 2upaaui Iiauno0 Aii0 alp w auauia3Eas,SzEuiuinS •L818Z`8L8`£$30 aunoure alp ui 'Enrol 'oopa4Ef Jo '•DNI 'pudgy Oa apEui aq apElauo0 atp 3O plemE aila 4Eila papuauiuioJal gulag S[ai 'Spiq ally 3o mal/1W IOW :uoipv ltauno-j k j papuauzuioaaj zaaui2ug aaepOssy••g•d 'uosanu)I atuiel :Aq pa;anugns 96L 'ON PEz3UOJ 'DNI `02IdSV 13Y LNO3 d0 ONIMIYMV YWUDONd AVIllaA0.LWHdSV I T OZ 'A'd :J funs i :sauaunpEa4V 3o# zaauiaug Aat0 ••gd •uoslou atlg :aznaEuais peal' •adaU I IOZ '8 ipiej, :pandald I IOZ 'bI iIaIEInI :2ulaaapAI jiaunoO Au 3 uopE0iunmuio3 Itauno3 -6 ,114( OO1UTTVA 30A.ID CITY OF WATERLOO , IOWA r /._,T..:;/j COMMUNITY DEVELOPMENT 1. m 620 Mulberry Street,Carnegie Annex • Waterloo,IA 50703 • (3191291-4429 Fax(319)291-4431 �rbrloo �o Mayor BUCK TO: Mayor Clark and City Council CLARx FROM: Louis Starks,Contracts and Grants Coordinator" SUBJECT: Compliance Review for: COUNCIL 2011 Asphalt Overlay Program MEMBERS Contract No. 796 DATE: March 14,2011 DAVID JONES Aspro was the sole prime contractor bidder for this project at a total cost of Ward $3,878,281.87. The proposed MBE contractor is Daniels Home Improvement in the CAROLYN amount of$7,196.00, and the proposed WBE contractor is Watco in the amount of COLE $50,530.00. There were other MBE subs submitting bids,however Daniels was the Ward 2 lowest amongst them. There were no other WBE subs submitting bids. These HAROLD subcontracting percentages are clearly below the City 's threshold for MBE(10%) and GET1'Y WBE(2%) goals, however, they are appropriate for this project because asphalt paving Ward constitutes the overwhelming majority of the work. MAR 1' tN M. Under the circumstances I find"Good Faith" has been satisfied and recommend award to HART Ward 4 Aspro. RON Cc: Noel Anderson,C P&Dev. Director WELPER Ward 5 Suzy Schares,City Clerk Rudy D.Jones,Community Development Director BOB Michelle Weidner, CFO GREENWOOD At-Large STEV E. J:\LOUIS-S\Contract Compliance\Compliance Reviews\F.Y.2011 Asphalt Overlay Program,#796.doc SCIIMITT At-Large CITY WEBSITE:www.cityofwaterlooiowa.coni EQUAL„ WE'RE WORKING FOR YOU! OPPORTUNRT An Equal Opportunity/Affirmative Action Employer RESOLUTION NO. 2011-172 RESOLUTION APPROVING RECOMMENDATION OF AWARD OF CONTRACT TO ASPRO, INC. OF WATERLOO, IOWA, IN CONJUNCTION WITH THE F. Y. 2011 ASPHALT OVERLAY PROGRAM, CONTRACT NO. 796, IN THE AMOUNT OF $3, 878, 281 . 87 . BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA: That the bid of Aspro, Inc. of Waterloo, Iowa, in the amount of $3, 878, 281 . 87, in conjunction with the F.Y. 2011 Asphalt Overlay Program, Contract No. 796, described in the plans and specifications heretofore adopted by this Council for said project with Resolution No. 2011-151, after public hearing on March 7, 2011 on published notice required by law, be and is hereby accepted. PASSED AND ADOPTED this 14th day of March, 2011 . Quentin Hart, Mayor Pro r ATTEST: Suzy Schar s, CMC City Clerk CITY OF WATERLOO Council Communication City Council Meeting: March 14, 2011 Prepared: March 8, 2011 Dept. Head Signature: Eric Thorson, PE., City Engineer # of Attachments: SUBJECT: F.Y. 2011 ASPHALT OVERLAY PROGRAM CONTRACT, BONDS AND CERTIFICATES OF INSURANCE ASPRO, INC. Contract No. 796 Submitted by: lamie Knutson, P.E.,Associate Engineer Recommended City Council Action: Approval and signatures of Contracts, Bonds, Certificate of Insurance for the F.Y. 2011ASPHALT OVERLAY PROGRAM, Contract No. 796. Please return five (5) executed copies to this office for distribution. Summary Statement Transmitted herewith are six(6) copies of each of the Contract, Bond and Certificate of Insurance on the F.Y. 2011 ASPHALT OVERLAY PROGRAM, Contract No. 796, for approval and signatures of City officials. The contract is with ASPRO, INC., of Waterloo, Iowa in the amount of$3,878,281.87. Expenditure Required $3,878,281.87 Source of Funds Local Option Sales Tax Policy Issue Alternative Background Information: Cc: Louis Starks, Contracts & Grants Coordinator RESOLUTION NO. 2011-173 RESOLUTION APPROVING CONTRACT, BONDS, AND CERTIFICATE OF INSURANCE WITH ASPRO, INC. OF WATERLOO, IOWA, IN CONJUNCTION WITH THE F.Y. 2011 ASPHALT OVERLAY PROGRAM, CONTRACT NO. 796, IN THE AMOUNT OF $3, 878, 281 . 87, AND AUTHORIZING THE MAYOR PRO TEM AND CITY CLERK TO EXECUTE SAID DOCUMENTS . BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Contract of Aspro, Inc. of Waterloo, Iowa, for the F. Y. 2011 Asphalt Overlay Program, Contract No. 796, in the amount of $3, 878, 281 . 87, in the City of Waterloo, Iowa, signed on behalf of the City of Waterloo, Iowa, by the Mayor Pro Tem and the City Clerk as of the 14th day of March, 2011, together with the accompanying bond for the faithful performance of said Contract signed by North American Specialty Insurance Company of Manchester, New Hampshire, as surety thereon, be, and the same are hereby approved. PASSED AND ADOPTED this 14th day of March, 2011 . Quentin Hart, Mayor Pro Tem ATTEST: S-A4_,CcsaS, Suzy Schars, MC City Clerk CITY OF WATERLOO Council Communication City Council Meeting: March 14, 2011 Prepared: March 7, 2011 Dept. Head Signature: Eric Thorson, PE., City Engineer #of Attachments: SUBJECT I: IDOT PROJECT AGREEMENT BRIDGE BARRIER RAIL,RETRO FIT PROJECT ON US 20 Submitted by: Eric Thorson, P.E., City Engineer Recommended City Council Action: Staff has reviewed this agreement and recommends Council approve this document and authorizes Mayor to sign and enter into said agreement. Summary Statement IDOT agreement for the proposed work on W.4th St., Hammond Ave., and Kimball Avenue to replace the barrier rail on the bridges crossing US 20. Expenditure Required N/A Source of Funds N/A Policy Issue N/A Alternative N/A Background Information The Department is intending to replace the existing barrier rail at eight bridge locations on US 20 in and near the City of Waterloo. Three of these bridges are carrying city streets over US 20. They are West 4th Street, Hammond Avenue,and Kimball Avenue. Traffic control will need to be set up on these streets to allow the barrier rail replacement work to be performed. Traffic on West 4th Street will be restricted to one lane,controlled by temporary traffic signals. It will also be necessary to close the sidewalk on West 4th Street during construction. Two lanes of traffic will be maintained on Hammond, and Kimball Avenues. There will be no City cost or participation necessary for this work. RESOLUTION NO. 2011-174 RESOLUTION APPROVING THE PRECONSTRUCTION AGREEMENT WITH THE IOWA DEPARTMENT OF TRANSPORTATION IN CONJUNCTION WITH THE BRIDGE BARRIER RAIL RETRO FIT PROJECT, AND DIRECTING EXECUTION OF SAID AGREEMENT BY MAYOR PRO TEM. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Preconstruction Agreement dated March 14, 2011, for proposed work on W. 4th Street, Hammond Avenue, and Kimball Avenue in conjunction with Bridge Barrier Rail Retro Fit Project on U. S. Hwy 20, by and between the Iowa Department of Transportation and the City of Waterloo, Iowa, be and the same is hereby approved, and the Mayor Pro Tem and City Clerk authorized to execute the same in behalf of the City of Waterloo, Iowa. PASSED AND ADOPTED this 14th day of March, 2011 . Quentin Hart, Mayor Pro Tem ATTEST: uzy Schar , CMC City Clerk it CITY OF WATERLOO Council Communication City Council Meeting: March 14, 2011 Prepared: March 8, 2011 Dept. Head Signature: Eric Thorson, PE., City Engineer # of Attachments: SUBJECT: F.Y. 2011 DOWNTOWN WAYFINDING SIGNAGE CON I RACT, BONDS AND CERTIFICATES OF INSURANCE KWS, INC. Contract No. 783 Submitted by: Teff Bales,Associate Engineer Recommended City Council Action: Approval and signatures of Contracts, Bonds, Certificate of Insurance for the F.Y. 2011 DOWNTOWN WAYFINDING SIGNAGE, Contract No. 783. Please return two (2) executed copies to this office for distribution. Summary Statement Transmitted herewith are three (3) copies of each of the Contract, Bond and Certificate of Insurance on the F.Y. 2011 DOWNTOWN WAYFINDING SIGNAGE, Contract No. 783, for approval and signatures of City officials. The contract is with KWS, INC., of Cedar Falls, Iowa, in the amount of$103 985.00. Expenditure Required $103,985.00 Source of Funds Federal STP Funds -$83,188, General Obligation Bonds =$20,797 Policy Issue N/A Alternative N/A Background Information: Cc: Louis Starks, Contracts & Grants Coordinator RESOLUTION NO. 2011-175 RESOLUTION APPROVING CONTRACT, BONDS, AND CERTIFICATE OF INSURANCE WITH KWS, INC. OF CEDAR FALLS, IOWA, IN CONJUNCTION WITH THE F.Y. 2011 DOWNTOWN WAYFINDING SIGNAGE, CONTRACT NO. 783, IN THE AMOUNT OF $103, 985 . 00 AND AUTHORIZING THE MAYOR PRO TEM AND CITY CLERK TO EXECUTE SAID DOCUMENTS. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA: That the Contract, Bonds, and Certificate of Insurance with KWS, Inc. of Cedar Falls, Iowa, in the amount of $103, 985. 00, in conjunction with the F.Y. 2011 Downtown Wayfinding Signage, Contract No. 783, described in the plans and specifications heretofore adopted by this Council for said project with Resolution No. 2011-99, after public hearing on February 14, 2011 on published notice required by law, be and are hereby approved, and the Mayor Pro Tem and City Clerk are hereby authorized to execute said documents . PASSED AND ADOPTED this 14th day of March, 2011 . Quentin Hart, Mayor Pro Tem ATTEST: Suzy Schar s, CMC City Clerk CITY OF WATERLOO , IOWA 6 l►ti�- .jl COMMUNITY PLANNING AND DEVELOPMENT d O� 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319)291-4366 Fax(319)291-4262 'Orjoo \ NOEL C.ANDERSON,Community Planning&Development Director Council Communication Mayor City Council Meeting: 03/14/11 BUCK CLARK Prepared: 03/08/11 Dept. Head Signature: 1-' # of Attachments: 8 COUNCIL MEMBERS SUBJECT: Acceptance of Purchase Offer for: 26 acres of wooded land on Sans ONES DAVI Souci Island Parcel No. 891315326002,Arlin and Dolores Zevenbergen, $53,000.00. Ward I Submitted by: Aric Schroeder, City Planner CAROLYN COLE Ward 2 Recommended City Council Action:Adopt a resolution approving the conditional offer form. HAROLD Wad Summary Statement: Acceptance of purchase offer for the 26 acres of wooded land on Sans Souci Island Parcel No. 891315326002 (a vacant lot) as part of the Hazard QUENTIN Mitigation Grant Program (HMGP) Property Acquisition Project. HART Ward 4 Expenditure Required: $53,000 less deductions for Duplication of Benefits RON f WEdLPER Source of Funds: Hazard Mitigation Grant Program, grant agreement number HMGP DR-1763.0046 01 BOB GREENWOOD Policy Issue: N/A At-Large STEVE Alternative: N/A SCHMITT At-Large Background Information:The Council previouslyap proved the application, grant agreement and administrative plan for implementation of a Hazard Mitigation Grant Program (HMGP) 1763 Property Acquisition(Buy Out) to acquire properties damaged in the flood of 2008. The administrative plan and conditional offer form provide that the purchase offer is subject to the City Council approval of the form of offer and the specific offer terms for each property. We have received an accepted offer on the above property and are requesting Council approval of the offer so that we can proceed to closing on the property. Please find attached a copy of the Conditional Offer to Buy Property for the property. The Offer Form provides for a "Purchase Price" of the property. Please note that the purchase price is based on the pre-flood fair market value of the property, but is prior to required deductions, CITY WEBSITE: wwwci.waterloo.ia.us WE'RE WORKING FOR YOU! 111 An Equal Opportunity/Affirmative Action Employer y , I including any duplication of benefits. The purchase price as so reduced will be the "Offer Price". FEMA will perform a final duplication of benefits check prior to the closing on the property, so the final offer price is not known at this time, but an estimate of what will be considered a duplication of benefits is included in the Statement of Determination of Fair Compensation included with the purchase offer. If you have any questions or need any additional information regarding this matter, please contact our office. cc: Noel Anderson,Community Planning&Development Director Tim Andera,Associate Planner Adam Poll,Associate Planner Mark Boesen,Community Development file Path: K:\USERS\ARE S\City of Waterloo\council letters\Acquisition\03.0&11 Council Communication Acceptance of Purchase Offer for Zevenbergen Parcel 891315326002.doc ss 2008 City of Waterloo Property Acquisition Project Zevenbergen Property 26 Acres of Govt Lot 7 < .g Fp uy Parcel # 891315326002 Zevenbergen Property co Legend Property Lines sttee CApge ', N Property in Question < soo 2so 0 soo - +[ Feet � ...`',jig CITY OF WATERLOO , IOWA ... - ,a COMMUNITY PLANNING AND DEVELOPMENT o� 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319)291-4366 Fax(319)291-4262 retl00 NOEL C.ANDERSON,Community Planning Be Development Director Council Communication Mayor City Council Meeting: 03/14/11 BUCK CLARK Prepared: 03/08/11 Dept. Head Signature: ht"'—g # of Attachments: 8 COUNCIL MEMBERS SUBJECT: Acceptance of Purchase Offer for: 26 acres of wooded land on Sans ONES Souci Island Parcel No. 891315326002,Arlin and Dolores Zevenbergen, $53,000.00. Ward I Submitted by: Aric Schroeder, City Planner CAROLYN COLE Ward2 Recommended City Council Action:Adopt a resolution approving the conditional offer form. HAROLD Wad Summary Statement:Acceptance of purchase offer for the 26 acres of wooded land on Sans Souci Island Parcel No, 891315326002 (a vacant lot) as part of the Hazard QUENTIN Mitigation Grant Program (HMGP) Property Acquisition Project. HART Ward 4 Expenditure Required: $53,000 less deductions for Duplication of Benefits RON 4WVarEa PER Source of Funds: Hazard Mitigation Grant Program, grant agreement number HMGP DR 1763.0046 01 BOB GREENWOOD Policy Issue: N/A At-Large STEVE Alternative: N/A SCHMITT At-Large Background Information:The Council previouslyap proved the application, grant agreement and administrative plan for implementation of a Hazard Mitigation Grant Program (HMGP) 1763 Property Acquisition (Buy Out)to acquire properties damaged in the flood of 2008. The administrative plan and conditional offer form provide that the purchase offer is subject to the City Council approval of the form of offer and the specific offer terms for each property. We have received an accepted offer on the above property and are requesting Council approval of the offer so that we can proceed to closing on the property. Please find attached a copy of the Conditional Offer to Buy Property for the property. The Offer Form provides for a "Purchase Price" of the property. Please note that the purchase price is based on the pre-flood fair market value of the property, but is prior to required deductions, CITY W WEBSITE:WORKING FORerOUfa.us WE'RE WORKING YOU! 111111 An Equal Opportunity/Affirmative Action Employer r including any duplication of benefits. The purchase price as so reduced will be the "Offer Price". FEMA will perform a final duplication of benefits check prior to the closing on the property, so the final offer price is not known at this time,but an estimate of what will be considered a duplication of benefits is included in the Statement of Determination of Fair Compensation included with the purchase offer. If you have any questions or need any additional information regarding this matter, please contact our office. cc: Noel Anderson,Community Planning&Development Director Tim Andera,Associate Planner Adam Poll,Associate Planner Mark Boesen,Community Development file Path: K:\USERS\ARICA\City of Waterloo\council letters\Acquisition\03-08-11 Council Communication Acceptance of Purchase Offer for Zevenbergen Parcel 891315326002.doc A SECOND AND FINAL CONDITIONAL OFFER TO BUY PROPERTY TO: Arlin and Dolores Zevenbergen ("Seller") FROM: City of Waterloo.Iowa("Buyer") Upon the terms and conditions set forth in this Second and Final Conditional Purchase Offer to Buy Property (the"Offer"),Buyer hereby offers to buy,and the Seller by its acceptance agrees to sell,the real property situated in Waterloo, Black Hawk County, Iowa, locally known as Parcel No. 891315326002, more particularly described as set forth in attached Exhibit"A", and legally described as in the abstract of title, together with any easements and appurtenant servient estates, but subject to any reasonable easements of record for public utilities or roads, any zoning restrictions,customary restrictive covenants,and mineral reservations of record,if any(all of which interests are herein referred to as the"Property"). 1. PURCHASE PRICE. The Purchase Price shall be $53,000.00, which shall be due and payable in full at closing, subject to such deductions as are provided for in this Offer, to be delivered to Seller and others with an interest to be acquired upon performance of Seller's obligations and satisfaction of Buyer's contingencies, if any. The Purchase Price may also be subject to deductions for duplication of benefits as described in paragraph lA below and, as applicable, insurance proceeds for property damage occurring after the date of this Offer. The Purchase Price as so reduced is referred to herein as the Offer Price. As one condition for eligibility to receive pre-flood market value for the Property, Seller must certify,on a form satisfactory to Buyer,that he or she is a National of the United States or a qualified alien. 1A. FLOOD BUYOUT ACQUISITION AND DEDUCTIONS. Seller acknowledges that Buyer is acting pursuant to the terms of a grant agreement with Iowa Homeland Security and Emergency Management Division in administering a voluntary property acquisition project (the "Project"). The Project is funded by the Federal Emergency Management Agency (FEMA) and U.S. Department of Housing and Urban Development(HUD). To prevent duplication of federal assistance made to flood disaster victims, HUD and FEMA require that certain types of assistance received by the Seller from State,Federal and private sources for flood-related damage be deducted in determining the Offer Price payable to Seller,including FEMA and/or SBA funds already disbursed. If applicable,a duplication of benefits statement has been issued that describes benefits previously received and the estimated amounts of any corresponding reductions in the Purchase Price. Deductions are estimates only, and a final determination on deductions will be made prior to closing. 2. POSSESSION AND CLOSING. If Buyer timely performs all obligations, possession of the Property shall be delivered to Buyer at closing, unless an extension has been agreed to in writing by the parties consistent with the administrative plan(the"Plan")adopted by Buyer with respect to the Project. Closing shall occur no later than one hundred twenty (120) days after Seller's acceptance of this Offer, unless extended to a later date by the parties in writing, but in any event after the approval of title by Buyer, satisfaction or waiver of other contingencies, and satisfaction of all Project conditions set forth in the Plan. Buyer does not agree to take possession subject to the rights of non-owner occupants,if any,now in possession. 3. REAL ESTATE TAXES. Seller shall pay taxes prorated to the closing date and any unpaid real estate taxes payable in prior years. Buyer shall pay all subsequent real estate taxes. At closing Seller shall pay Buyer, or Buyer shall be given credit for, an amount equal to taxes from the first day of July prior to closing to the date of closing based upon the assessed value of the Property applicable to such fiscal year;provided that if the tax levy rate for such fiscal year has not been determined then the Ievy rate for the current fiscal year will be applied to determine the tax proration. Taxes shall be prorated as set forth in Iowa Code§427.2. 4. SPECIAL ASSESSMENTS. Seller shall pay at time of closing all installments of special assessments which are a lien on the Property as of closing, and all prior installments thereof. All charges for solid waste removal, sewage and maintenance that are attributable to Seller's possession, including those for which assessments arise after closing,shall be paid by Seller. Any preliminary or deficiency assessment which cannot be discharged by payment shall be paid by Seller through an escrow account with sufficient funds to pay such liens when payable, with any unused funds returned to Seller. Buyer shall pay all other special assessments or installments not payable by Seller. r" 5. RISK OF LOSS AND INSURANCE. Seller shall bear the risk of loss or damage to the Property prior to closing. Seller agrees to maintain existing insurance,and Buyer may purchase additional insurance. In the event of substantial damage or destruction prior to closing, Seller shall promptly notify Buyer of same, and Buyer shall have the option to complete the closing and receive insurance proceeds regardless of the extent of damages or to declare this Offer null and void. The Property shall be deemed substantially damaged or destroyed if it cannot be repaired to its present condition on or before the closing date. 6. FIXTURES. Included with the Property shall be all fixtures that integrally belong to, are specifically adapted to or are a part of the real estate, whether attached or detached, such as attached carpeting, built-in appliances and accessories, light fixtures and bulbs, awning, shutters,window shades, rods,blinds,ceiling fans, TV tower,antenna,rotor and controls,door chimes,fireplace grates and andirons,mailbox,installed sump pump,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. 7. CONDITION OF PROPERTY. The Property as of the date of this Offer,including buildings, grounds, and all improvements, will be preserved by the Seller in its present condition until possession, ordinary wear and tear excepted. Except as expressly set forth in this Offer, Seller sells the Property "AS IS" and makes no warranties, expressed or implied, as to the condition of the Property. Seller agrees to remove from the Property prior to possession all debris and personal property that is not included in this Offer, including but not limited to vehicles, vehicle parts,appliances,furniture and furnishings,storage containers,household cleaners and solvents,construction materials, firewood, and any other item of property that is not a fixture, unless Buyer is permitted an extension of time after closing pursuant to the Plan. Buyer shall be permitted to make a "walk through" inspection of the Property prior to closing as provided in the Plan. After acceptance of this Offer by Buyer, Buyer may, at its sole expense, conduct such inspections, investigations, and inventories of the Property as it deems reasonable or necessary, and for such purposes Seller hereby grants to Buyer, its employees, agents and contractors, the right to enter upon the Property at reasonable times and upon reasonable advance notice(oral or written). 8. ABSTRACT AND TITLE. Seller shall promptly provide to Buyer an abstract of title to the Property, if Seller possesses one. Buyer shall cause the abstract of title to be updated or prepared at Buyer's sole expense. The abstract shall show marketable title in Seller in conformity with this Offer, Iowa law,and title standards of the Iowa State Bar Association. The Seller shall make every reasonable effort to promptly perfect title. If closing is delayed due to Seller's inability to provide marketable title, this Offer shall continue in force and effect until either party rescinds the Offer after giving ten (10) days' written notice to the other party. The abstract shall become the property of Buyer when the Offer Price is paid in full. Seller shall pay the costs of any additional abstracting and title work due to any act or omission of Seller,including transfers by or the death of Seller or its assignees. 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 its own affairs. Unless stricken, the abstract shall be obtained from an abstracter qualified by the Guaranty Division of the Iowa Housing Finance Authority. 9. SURVEY. If a survey is required under Iowa Code Chapter 354,or city or county ordinances,Buyer shall pay the costs thereof. Buyer may, at its expense prior to closing, have the Property surveyed and certified by a registered land surveyor. If the survey shows an encroachment on the Property or if any improvements located on the Property encroach on lands of others,the encroachments shall be treated as a title defect. 10. ENVIRONMENTAL MATTERS. The Seller hereby represents and warrants to Buyer that: A. Environmental Representations and Warranties: 1. There are not abandoned wells,agricultural drainage wells,solid waste disposal sites,or underground storage tanks(as defined in Iowa Code Chapter 455B)located in or about the Property. 2 2. There are no actively used or abandoned septic tanks or systems on the Property,except as identified here: Ai,"( A i, A-- 3. There is,and has been,no hazardous waste stored,generated,treated,transported, installed, dumped,handled or placed in,on,or about the Property. 4. At no time have any Federal or State hazardous waste clean-up funds been expended with respect to any of the Property. 5. There has never been any solid waste disposal site or underground storage tank located in,or about the Property,nor has there been any release from an underground storage tank on real property contiguous to the Property which has resulted in any hazardous substance coming in contact with the Property. 6. Seller has not received any directive,citation,notice, letter,or other communication,whether written or oral,from the Environmental Protection Agency,the Iowa Department of Natural Resources,any other governmental agency with authority under any environmental laws,or any other person or entity regarding the release,disposal, discharge,or presence of any hazardous waste on the Property,or any violation of any environmental laws. 7. To the best of Seller's knowledge,neither the Property,nor the real property contiguous to the Property,nor the predecessors in title to the Property,are in violation of,or subject to,any existing,pending,or threatened investigation or inquiry by any governmental authority or to any removal or remedial obligations under any environmental laws. The foregoing representations and warranties,and the environmental indemnifications set forth in the following subparagraph B,shall survive the closing. In addition,the foregoing representations and warranties and the indemnifications provisions in this Offer shall not be affected by any study, investigation,or inspection of the Property by Buyer or the agents for Buyer. B. Environmental Indemnification. Seller agrees to indemnify,defend and hold harmless Buyer from and against any and all claims, demands, fines, penalties, causes of action, losses, damage, liabilities, expenses,and costs(including but not limited to court costs and reasonable attorneys' fees,which may include the value of services provided by Buyer's legal department or contract attorneys, incurred by Buyer to enforce this provision), asserted against or incurred by Buyer by reason of or arising out of the breach of any representation or warranty of Seller set forth above. C. Additional Environmental Provisions. Seller shall not store, generate, treat, transport, install, dump, handle, or place in, on, or about any portion of the Property any hazardous waste or hazardous substance as defined by applicable law, rule or regulation. If Seller receives any notice from any governmental authority or any other party regarding the release or presence or any hazardous waste or hazardous substance on any portion of the Property,then Seller shall immediately notify Buyer of such fact. In addition, Buyer or its agents shall have the right to enter upon the Property at any time to perform additional environmental studies. If at any time Buyer in its sole discretion determines that hazardous wastes or hazardous substances are present on any portion of the Property, Buyer may terminate this Offer immediately without further obligation or liability. 11. CONVEYANCE DOCUMENTS. Upon payment of the Offer Price, Seller shall convey the Property to Buyer by warranty deed, free and clear of all liens,restrictions,and encumbrances except as provided in this Offer. General warranties of the title shall extend to the time of delivery of the deed, excepting liens and encumbrances suffered or permitted by Buyer. 12. JOINT TENANCY IN PROCEEDS AND IN REAL ESTATE. If Seller, immediately preceding acceptance of the Offer, holds title to the Property in joint tenancy with full rights of survivorship, and the joint tenancy is not later destroyed by operation of law or by acts of the Seller, then the proceeds of this sale, and any 3 ' f continuing or recaptured rights of Seller in the Property, shall belong to Seller as joint tenants with full rights of survivorship and not as tenants in common;and Buyer in the event of death of any Seller,agrees to pay any balance of the Offer Price due Seller under this Offer to the surviving Seller and to accept a deed and bill of sale from the surviving Seller consistent with this Offer. 13. JOINDER BY SELLER'S SPOUSE. Seller's spouse, if not a titleholder immediately preceding acceptance,executes this Offer only for the purpose of relinquishing all rights of dower,homestead,and distributive share or in compliance with Iowa Code§561.13 and agrees to execute the deed or bill of sale for this purpose. 14. STATEMENT AS TO LIENS. If Buyer intends to assume or take subject to a lien on the Property, Seller shall furnish Buyer with a written statement prior to closing from the holder of such lien, showing the correct balance due. 15. USE OF PURCHASE PRICE. At time of settlement, funds of the Offer Price may be used to pay taxes, assessments,and other liens,to pay for the cost of removing Seller's personal property and debris from the Property, to pay judgments or satisfy title defects,to pay costs of closing and settlement that are Seller's responsibility to pay, and to acquire outstanding interests of others,if any. 16. APPROVAL OF COURT. If the Property is an asset of any estate,trust, conservatorship, or receivership, this Offer shall be subject to court approval, unless declared unnecessary by Buyer's attorney. If necessary, the appropriate fiduciary shall proceed promptly to a hearing for court approval. In that event a court officer's deed shall be used to convey title. 17. REMEDIES OF THE PARl1LS. Buyer and Seller are entitled to utilize any and all remedies or actions at law or in equity available to them, and the prevailing party shall also be entitled to obtain judgment for costs and attorney fees. 18. NOTICE. Any notice under this Offer shall be in writing and be deemed served when it is delivered by personal delivery or mailed by certified mail,addressed to the parties at the addresses given below. 19. NO REAL ESTATE AGENT OR BROKER. Neither party has used the service of a real estate agent or broker in connection with this transaction. 20. NO LEASES. Seller represents and warrants to Buyer that there are no leases,tenancies, or other rights of occupancy for use of any portion of the Property, other than those identified here: .4,1 C> Seller agrees to indemnify and hold harmless Buyer from and against any and all claims, demands, causes of action, damages, losses or liabilities whatsoever, arising from or in connection with any alleged leasehold interest,tenancy or other right of occupancy or use for any portion of the Property. 21. VOLUNTARY ACQUISITION. The Seller,as owner of the Property which has been damaged as result of flooding which is a presidentially declared disaster, acknowledges that Buyer has presented this Offer for the Property pursuant to Buyer's Voluntary Acquisition Program and the Seller's acceptance of this Offer is a voluntary acquisition. Seller represents and warrants that it is under no duress or coercive action by Buyer to accept this Offer, and Buyer will not pursue acquisition of this Property by eminent domain or other means if the Seller declines to accept this Offer as part of the Hazard Mitigation Grant Program for DR-1763. The Seller further acknowledges that if it accepts this Offer,it will be necessary to move permanently from the Property. 22. GENERAL PROVISIONS. In the performance of each part of this Offer, time shall be of the essence. Failure to promptly assert rights herein shall not, however,be a waiver of such rights or a waiver of any existing or subsequent default. This Offer shall apply to and bind the successors in interest of the parties. This Offer shall survive the closing. This Offer contains the entire agreement of the parties and shall not be amended except by a written instrument duly signed by Seller and Buyer. Paragraph headings are for convenience of reference and shall not limit or affect the meaning of this Offer. Words and phrases herein shall be construed as in the singular or plural number,and as masculine,feminine or neuter gender according to the context. 4 23. OTHER CONDITIONS. A. Notwithstanding any signatures below by representatives of Buyer, this Offer is expressly subject to approval by the city council of Buyer. B. Acceptance of this Offer will be deemed to occur only if all persons with an ownership interest in the Property have signed this Offer by the date specified in paragraph 25 below. Buyer will permit an extension of an additional thirty (30) days if Seller requests an extension in writing, and further extensions may be approved by Buyer under extraordinary circumstances beyond the reasonable control of Seller. If this Offer is not accepted by Seller on or before the expiration date or any approved extension it will be deemed to be rejected by Seller. If Seller does not wish to accept this Offer,Buyer requests that Seller notify Buyer as soon as possible. 24. ENTIRE AGREEMENT. This Offer represents the entire agreement between the parties, superseding all prior or contemporaneous understandings, negotiations, discussions, or agreements between the parties with respect to the subject matter hereof. 25.ACCEPTANCE. When accepted,this Offer shall become a binding contract. If not accepted and delivered to Buyer on or before March 14,2011,this Offer shall be null and void. Dated February 4.2011. SELLER BUYER—City of Waterloo,Iowa /I . . a— tt,t `�tz 9i1 By: !!! Title: (OLLtt � * J • _ 715 Mulberry Street } Waterloo,IA 50703 Date: Attn:Tim Andera Address: Approved by Waterloo City Council on by Resolution No. Authorized by: Attest: Date Approved: (Mayor) (City Clerk) C Exhibit "A" GOVT LOT 7 DES AS W 30.36 A EXC NW 1 A& EXC SW 2 A& SE 2 A SEC 15 T 89 R 13 6 ADDENDUM TO PURCHASE/SALE AGREEMENT Buyer herein acknowledges that it is the possible intention of the Seller to create an IRS Code Section 1031 tax-deferred exchange and that the Seller's rights and obligations under this agreement may be assigned to Black Hawk Exchange, Inc. to facilitate such exchange. Buyer agrees to cooperate with the Seller in a manner necessary to enable Seller to initiate said exchange at no additional cost or liability to the Buyer. /5,, z 'L!L/ `( 2008 City of Waterloo } ' Property Acquisition Project ; , ., Zevenbergen Property 26 Acres of Govt Lot 7 / - 9 c. M Q Parcel # 891315326002 Zevenbergen Property . ., Legend Property Lines Gorge N rF Property in Question L �o moo o .moo �` ''e'1 _ ---t - +ilk _ . .. :. .,, _ ,.-, RESOLUTION NO. 2011-176 RESOLUTION ACCEPTING AND APPROVING CERTAIN ACQUISITION CONTRACT TO SELL REAL PROPERTY TO THE CITY AND ACCEPTING AND APPROVING CERTAIN DEED IN CONJUNCTION WITH THE HAZARD MITIGATION GRANT PROGRAM PROPERTY ACQUISITION PROJECT. WHEREAS, the City of Waterloo, Iowa, has had the parcel described herein appraised and the fair market value ascertained, and WHEREAS, the acquisition of the hereinafter described parcel is in conjunction with the Hazard Mitigation Grant Program Property Acquisition Project . NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, that the contract for the parcel hereinafter described to sell the same to the City of Waterloo, Iowa, all of which is situated in the City of Waterloo, Black Hawk County, Iowa, is accepted and approved and the Mayor Pro Tem and City Clerk are authorized and directed to execute the same in behalf of the City and to execute all instruments necessary to consummate the agreement to purchase the property from the owners thereof, and the deed for the conveyance of the same is also accepted and approved and the City of Waterloo is directed to pay for the property from City funds. The subject address is : Owners - Arlin and Dolores Zevenbergen Parcel No. - 891315326002 on Sans Souci Island Total Acquisition - $53, 000 . 00 Government Lot 7 described as West 30 . 36 acres except Northwest 1 acre and except Southwest 2 acres and Southeast 2 acres Section 15 Township 89 Range 13, all in the City of Waterloo, Black Hawk County, Iowa. PASSED AND ADOPTED this 14th day of March, 2011 . (c_e_ Quentin Hart, Mayo_ Pro Tem ATTEST: Suzy Sch res, CMC City Cle k • + l CITY OF WATERLOO , IOWA COMMUNITY PLANNING AND DEVELOPMENT d 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319)291-4366 Fax(319)291-4262 lerloo NOEL C.ANDERSON,Community Planning&Development Director Council Communication Mayor City Council Meeting: March 14 BUCK CLARK Prepared: March 8 Dept. Head Signature:gv1 # of Attachments: 7 COUNCIL MEMBERS SUBJECT: Approval of Contract for the Disaster Recovery Business Rental DAVID Assistance Program for Multicultural Counseling Center at 501 Sycamore St, in JONES Ward I the amount of$1,483.38, and for Midwest Apparel at 626 Sycamore St, in the amount of$3,600. CAROLYN COLE Ward 2 Submitted by: Aric Schroeder, City Planner HAROLD Recommended City Council Action:Approval GETTY Ward 3 Summary Statement: The Planning and Zoning Department has received and QUENTIN processed 132 applications that are complete with all required documentation. HART We are now requesting approval of 2 additional applications. The additional Wanda completed applications totals $5,083.38, which, if distributed, would leave RON $608,642.07 in remaining Disaster Recovery Business Rental Assistance funds. WELPER IDED is requiring that a separate contract agreement(including a promissory Wards note for the forgivable loan amount where applicable)be executed between the BOB City of Waterloo and each of the businesses. The businesses with their eligible GREENWOOD assistance amounts include: 1)Multicultural Counseling Center at 501 Sycamore At-Large St, $1,483.38, and 2)Midwest Apparel at 626 Sycamore St, $3,600. STEVE Expenditure Required: $5,083.38 SCHMITT At-Large Source of Funds: CDBG Business Disaster Recovery Financial Assistance (Contract# 08-DRB-205) Policy Issue: N/A Alternative: N/A Background Information: The City of Waterloo has been awarded Community Development Block Grant Business Disaster Recovery Financial Assistance, and an agreement with the Iowa Department of Economic Development(IDED)was approved with Resolution No. 2009-814 on August 17, 2009 (contract number 08- DRB-205). That agreement provides for the setup of the Disaster Recovery CITY WEBSITE: www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! 1111 An Equal Opportunity/Affirmative Action Employer Business Rental Assistance Program, allowing for tenants renting space within a disaster impacted building up to 6 months of free rent. A business can receive up to 6 months in free rent, with a maximum amount of$50,000 in assistance given as a forgivable loan. The rent can be paid for as far back as October 2008, and if a business's assistance is for 6 previous months rent, then no promissory note is required. If the assistance is for future rent payments, the applicant's will be paid monthly based on the amount of their rent due each month. AS:SG cc: Noel Anderson,Community Planning&Development Director Shane Graham,Planner II CITY OF WATERLOO , IOWA ".:'♦"..gym COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319)291-4366 Fax(319)291-4262 dr0rf oo \o NOEL C.ANDERSON,Community Planning&Development Director Council Communication Mayor City Council Meeting: March 14 BUCK CLARK Prepared: March 8 Dept. Head Signature: - -- # of Attachments: 7 COUNCIL MEMBERS SUBJECT: Approval of Contract for the Disaster Recovery Business Rental DAVID Assistance Program for Multicultural Counseling Center at 501 Sycamore St, in JONES Ward 1 the amount of$1,483.38, and for Midwest Apparel at 626 Sycamore St, in the amount of$3,600. CAROLYN WardCO 2 Submitted by: Aric Schroeder, City Planner HAROLD Recommended City Council Action:Approval GETTY Ward 3 Summary Statement: The Planning and Zoning Department has received and QUENTIN processed 132 applications that are complete with all required documentation. HART We are now requesting approval of 2 additional applications. The additional Ward 4 completed applications totals $5,083.38, which, if distributed, would leave RON $608,642.07 in remaining Disaster Recovery Business Rental Assistance funds. WELPER IDED is requiring that a separate contract agreement(including a promissory Ward 5 note for the forgivable loan amount where applicable)be executed between the BOB City of Waterloo and each of the businesses. The businesses with their eligible GREENWOOD assistance amounts include: 1)Multicultural Counseling Center at 501 Sycamore At-Large St, $1,483.38, and 2)Midwest Apparel at 626 Sycamore St, $3,600. STEVE Expenditure Required: $5,083.38 SCHMITT At-Large Source of Funds: CDBG Business Disaster Recovery Financial Assistance (Contract# 08-DRB-205) Policy Issue: N/A Alternative: N/A Background Information: The City of Waterloo has been awarded Community Development Block Grant Business Disaster Recovery Financial Assistance, and an agreement with the Iowa Department of Economic Development(IDED)was approved with Resolution No. 2009-814 on August 17, 2009 (contract number 08- DRB-205). That agreement provides for the setup of the Disaster Recovery CITY WEBSITE: www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Business Rental Assistance Program, allowing for tenants renting space within a disaster impacted building up to 6 months of free rent. A business can receive up to 6 months in free rent, with a maximum amount of$50,000 in assistance given as a forgivable loan. The rent can be paid for as far back as October 2008, and if a business's assistance is for 6 previous months rent, then no promissory note is required. If the assistance is for future rent payments, the applicant's will be paid monthly based on the amount of their rent due each month. AS:SG cc: Noel Anderson,Community Planning&Development Director Shane Graham,Planner II Disaster Recovery Business Rental Assistance Program Contract CONTRACT# AWARD DATE: PROJECT COMPLETION DATE: BRAP112 , 2011 March, 2011 CITY: City of Waterloo CONTACT PERSON: Noel Anderson, Director of 715 Mulberry Street Community Planning and Development Waterloo, Iowa 50703 Email: Noel.Anderson@waterloo-ia.org m Phone: (319) 291-4366 E Fax: (319) 291-4262 as <a BUSINESS: Multicultural Counseling CONTACT PERSON: Myrtle Godfrey H Center Email: 501 Sycamore St, Suite 621 Phone: (319) 961-2753 Waterloo, Iowa 50703 Fax: d RENTAL ASSISTANCE AMOUNT: $1,483.38 V c y TERMS: PROJECT DESCRIPTION: y The Business must: This rental assistance is provided by the City to the • Locate in a business rental Business to complete the Project as described in Ta space that was physically its application and summarized here. Funds shall c damaged by the 2008 natural be used by the Business for rental assistance for c disaster(s). the period [10/10]to [03/11]. it • Enter into a minimum one-year, y market-rate lease. c • Remain open for the duration of 0 the six-month period for which m rental assistance is awarded. F ■ Not be in default of any term of this Contract. THE UNDERSIGNED AGREE to be bound by the terms and conditions stated above and the following documents incorporated by this reference and attached to this Contract: (1) Exhibit A- Disaster Recovery Business Rental Assistance Program General Provisions (July 2009), and (2) Exhibit B- Business's Application for Disaster Recovery Business Rental Assistance Program assistance The Parties have entered into this Contract, effective as of the last date stated below (the "Contract Effective Date"). FOR THE CITY: FOR THE BUSINES .` rtv 1 41411641r Signature •N / ardair; We 1 /— 4 Print Name and Title Printe - d Tit e Date Date Disaster Recovery Business Rental Assistance Program Contract CONTRACT# AWARD DATE: PROJECT COMPLETION DATE: BRAP115 , 2011 June, 2010 CITY: City of Waterloo CONTACT PERSON: Noel Anderson, Director of 715 Mulberry Street Community Planning and Development Waterloo, Iowa 50703 Email: Noel.Anderson@waterloo-ia.org Phone: (319) 291-4366 Fax: (319) 291-4262 a BUSINESS: Midwest Apparel CONTACT PERSON: Angela Harris 626 Sycamore St Email: Waterloo, Iowa 50703 Phone: (319) 493-0435 Fax: RENTAL ASSISTANCE AMOUNT: $3,600 0 y TERMS: PROJECT DESCRIPTION: The Business must: This rental assistance is provided by the City to the • Locate in a business rental Business to complete the Project as described in To space that was physically its application and summarized here. Funds shall damaged by the 2008 natural be used by the Business for rental assistance for disaster(s). the period [01/10] to [06/10]. Li: • Enter into a minimum one-year, market-rate-lease. -- -- -- - --47 Remain open for the duration of the six-month period for which rental assistance is awarded. • Not be in default of any term of this Contract. THE UNDERSIGNED AGREE to be bound by the terms and conditions stated above and the following documents incorporated by this reference and attached to this Contract: (1) Exhibit A- Disaster Recovery Business Rental Assistance Program General Provisions (July 2009), and (2) Exhibit B- Business's Application for Disaster Recovery Business Rental Assistance Program assistance The Parties have entered into this Contract, effective as of the last date stated below (the "Contract Effective Date"). FOR THE CITY: FOR BUST ESS: Signature Signature ffkt&J-e ff C'Z '3 tp k Print Name and Title Print Nellie andTitle 3- .7 / Date Date EXHIBIT A DISASTER RECOVERY BUSINESS RENTAL ASSISTANCE PROGRAM GENERAL PROVISONS (July 2009) 1. CONTRACT DURATION. This Contract is payments to Business until such time as the effective as of the Contract Effective Date stated default has been cured to City's satisfaction. on Page 1 and shall remain in effect through the Notwithstanding anything to the contrary in this Project Completion Date and until the City has Contract, upon a termination of this Contract on closed out the Contract and provided Business account of an Event of Default, Business will no with written notice of Contract closeout. longer have the right to receive any disbursements after the effective date of default. 2. FUNDING.The source of funding for this 7. INVESTMENT OF GRANT FUNDS. Contract is a grant from the Iowa Department of Economic Development to the City for a. In the event that Award Funds are not financial assistance to businesses. Any immediately utilized, temporarily idle Award termination, reduction, or delay of funds Funds held by the Business may be invested in available due, in whole or in part, to (i) lack of, accordance with State law, including but not reduction in, or a deappropriation of funds, or(ii) limited to the provisions of Iowa Code chapter any other reason beyond the City's control may, 12C concerning the deposit of public funds. in the City's discretion, result in the termination, Interest accrued on temporarily idle Award funds reduction or delay of funds to the Business. held by the Business shall be credited to and expended on the Project prior to the expenditure 3. ACKNOWLEDGEMENT OF OBLIGATIONS. of other Award funds. Business acknowledges and agrees that: a)this b. All proceeds remaining, including accrued Award is made in consideration of Business's interest, after all allowable Project costs have representations and warranties described in this been paid or obligated shall be returned to the ContraCt an b) upon violation of such— City within thirty(30) days after the Project covenants and warranties, Business is obligated Completion Date. Within ten (10)days of receipt to immediately repay any amounts the City of a written request from City the Business shall determines Business received without fulfillment inform the City in writing of the amount of of Business's obligations under this Contract, unexpended Award funds in the Business's plus applicable costs described in Section 14. possession or under the Business's control, whether in the form of cash on hand, 4. CONDITIONS TO DISBURSEMENT OF investments, or otherwise. FUNDS; DISBURSEMENT TERMS. No Award 8. BUSINESS'S REPRESENTATIONS AND funds will be disbursed to the Business until: WARRANTIES. Business represents and (a) The Business and the City have signed warrants to City as follows: this Contract, and (b)The Business requests a a. Authority and validity of obligations. disbursement of funds. All disbursements of Business has full right and authority to enter into Award funds shall be subject to receipt by the this Contract. The person signing this Contract City of requests for disbursement, in form and has full authority to sign this Contract on behalf content acceptable to City, submitted by the of the Business, and obligate the Business to Business. All requests shall include the performance of each and all of the documentation of costs that have been paid or obligations under the Contract. costs to be paid immediately upon receipt of Award funds. The Business shall submit to City b. Approvals received. This Contract delivered such supporting evidence as may be reasonably by the Business has been duly authorized, requested by City to substantiate all payments executed and delivered by the Business and which are to be made out of any requisition and/ constitutes the valid and binding obligation of the or to substantiate all payments then made with Business and is enforceable against the respect to the Project. Business in accordance with its terms. Business has secured all necessary authorizations and 5. PRIOR COSTS. No expenditures made prior approvals with any governmental, regulatory or to the rental assistance period start date may be governing board that may be necessary to included as Project costs, permit Business to execute this Contract and comply with its terms. 6. SUSPENSION OF DISBURSEMENT. Upon c. Governmental Approvals, Permits and the occurrence of an Event of Default(as Licenses. To the best of its knowledge, defined in Section 11) the City may suspend information, and belief after reasonable due Contract#BRAP115 2 diligence and investigation to determine the Program's effectiveness and to determine accuracy of this representation, Business compliance with this Contract. Business shall represents that it has received all licenses, promptly comply with all such requests. permits, and approvals of all Federal, state, and d. Disbursement Requests. Business shall local governmental authorities, if any, necessary prepare, sign and submit disbursement requests to conduct its business, in each case where the as specified in this Contract in the form and failure to obtain or maintain the same could content required by City. Business shall review ,reasonably be expected to have a material all disbursement requests and verify that adverse effect. No investigation or proceeding claimed expenditures are allowable costs. which, if adversely determined, could reasonably Business shall maintain documentation be expected to result in revocation or denial of adequate to support the claimed costs. any material license, permit, or approval is e. Inspection and Audit. Business shall permit pending or, to the knowledge of the Business, the City and its duly authorized representatives threatened. to visit and inspect any of the Business's d. Litigation and Other Controversies. There is properties, books and financial records related no litigation or governmental proceeding to the Project, to examine and make copies of pending nor, to the knowledge of the Business, the books of accounts and other financial threatened, against the Business which if records, and to discuss the affairs, finances and adversely determined would adversely impact accounts with, and to be advised as to the same Business's ability to perform under this Contract. by, its officers and independent public e. Compliance with Laws. To the best of its accountants (and by this provision Business knowledge, information, and belief after authorizes such accountants to discuss with the reasonable due diligence and investigation to City and the City's duly authorized determine the accuracy of this representation, representatives the finances and affairs of the Business represents that it is in compliance with Business) at such reasonable time and the requirements of all federal, state and local reasonable intervals as the City may designate. laws, rules and regulations applicable to or Routine inspections and audits performed by pertaining to the operations of Business. City will be at City expense. In the event any 9. EFFECTIVE DATE OF special audits are conducted at City's request, REPRESENTATIONS AND WARRANTIES. the cost of such special audits will be at The warranties and representations of Section 8 Business's expense. are made as of the Contract Award Date and f. Compliance with Laws. Business will comply shall be deemed to be renewed and restated by in all material respects with the requirements of the Business at the time each request for all federal, state and local laws, rules, disbursement of funds is submitted to the City. regulations and orders including, but not limited 10. COVENANTS OF BUSINESS. The to prevention of discrimination in employment, Business covenants that: equal employment opportunity and affirmative a. Performance Obligations. Business shall action, worker rights and worker safety, and the enter into a minimum one-year, market-rate Iowa Department of Economic Development's lease for a business rental space that was administrative rules for the Disaster Recovery physically damaged by the 2008 natural business Rental Assistance Program (261 IAC - disaster(s), remain open for the duration of the Chapter 79). six-month period for which rental assistance is g. Use of Award Funds. Business shall use awarded, and complete the Project as described Award funds extended under this Contract solely in this Contract. Business shall promptly provide for the purposes set forth in this Contract. City with written notice of any major changes h. Notice of Proceedings. Business shall that would impact the success of the Project. promptly notify the City of the initiation of any b. Repayment Obligations. Upon the claims, lawsuits, or other proceedings brought occurrence of an unremedied Event of Default against Business which would adversely impact as described in Section 11 Business agrees to the Project. immediately repay such amounts determined by i. Accounting Records. Business shall City as due and payable. maintain its books, records and all other c. Required Reports. For the duration of this evidence pertaining to this Contract in Contract the Business shall provide the City with accordance with generally accepted accounting required reports to assist in evaluation of the Contract#BRAP115 3 principles and such other procedures specified inability to pay, its debts generally as they by City. These records shall be available to become due, (3) make an assignment for the City, its internal or external auditors, the Auditor benefit of creditors, (4) apply for, seek, consent of the State of Iowa, the Attorney General of the to, or acquiesce in, the appointment of a State of Iowa, the Iowa Department of Economic receiver, custodian, trustee, examiner, liquidator Development and the Iowa Division of Criminal or similar official for it or any substantial part of ' Investigations at all times during the Contract its property, (5) institute any proceeding seeking duration and any extensions thereof, and for to have entered against it an order for relief three(3)full years from the date this Contract is under the United States Bankruptcy Code as closed out by City. amended, to adjudicate it insolvent, or seeking j. Indemnification. Business shall indemnify, dissolution, winding up, liquidation, defend and hold harmless the City, its reorganization, arrangement, adjustment or departments, divisions, agencies, sections, composition of it or its debts under any law commissions, officers, employees and agents relating to bankruptcy, insolvency or from and against all losses, liabilities, penalties, reorganization or relief of debtors or fail to file an fines, damages and claims(including taxes), answer or other pleading denying the material and all related costs and expenses (including allegations of any such proceeding filed against reasonable attorneys'fees and disbursements it, or(6) fail to contest in good faith any and costs of investigation, litigation, settlement, appointments or proceeding described below; judgments, interest and penalties), arising from or or in connection with any of the following: (i)Any e. Appointment of Officials. A custodian, claim, demand, action, citation or legal receiver, trustee, examiner, liquidator or similar proceeding arising out of or resulting from the official shall be appointed for either the Business Project; (ii)Any claim, demand, action, citation or any substantial part of any of its respective or legal proceeding arising out of or resulting property, or a proceeding described above shall from a breach by Business of any representation be instituted against the Business and such or warranty made by the Business in this appointment continues undischarged or such Contract; (iii) any claim, demand, action, citation proceeding continues undismissed or unstayed or legal proceeding which results from an act or for a period of sixty(60)days; or omission of Business or any of their agents in its 12. REMEDIES UPON DEFAULT. If, after or their capacity as an employer of a person. notice of default and opportunity to cure as 11. EVENTS OF DEFAULT.Any one or more of provided in Section 13, there is an unremedied the following shall constitute an "Event of Event of Default, the City may: Default"hereunder: a. Terminate this Contract and all of the a. Noncompliance with Contract. Default in obligations of City under this Contract on the the observance or performance of any other date stated in such notice, and provision of this Contract; or b. Suspend pending disbursements and b. Material Misrepresentation. Any terminate further disbursements of Award funds, representation or warranty made by the and Business in this Contract or in any statement or c. Declare the total amount of Award funds certificate furnished by it pursuant to this disbursed to be forthwith due and payable, Contract, or in connection with any of the above, including any and all fees, charges and other proves untrue in any material respect as of the amounts payable under this Contract. The total date of the issuance or making thereof; or amount due shall be and become immediately c. Adverse Change in Financial Condition. Any due and payable without further demand, change shall occur in the financial condition of presentment, protest or notice of any kind. the Business which would have a material 13. NOTICE AND OPPORTUNITY TO CURE. If adverse effect on the ability of the Business to City has reasonable cause to believe that an perform under this Contract; or Event of Default has occurred under this d. Bankruptcy or Similar Proceedings Initiated. Contract, the City shall issue a written Notice of Either the Business shall (1) have entered Default to the Business, setting forth the nature involuntarily against it an order for relief under of the alleged default in reasonable specificity, the United States Bankruptcy Code, as and providing therein a reasonable period time, amended, (2) not pay, or admit in writing its which shall not be fewer than twenty (20) days Contract#BRAP115 4 from the date of the Notice of Default, in which specified. the Business shall have an opportunity to cure, 20. HEADINGS. Section headings used in this provided that cure is possible and feasible. Contract are for convenience of reference only 14. EXPENSES. Business agrees to pay to the and are not a part of this Contract for any other City all expenses reasonably incurred or paid by purpose. City including reasonable attorneys'fees and 21. FINAL AUTHORITY. The City shall have court costs, in connection with any Default or the authority to reasonably assess whether Event of Default by the Business or in Business has complied with the terms of this connection with the enforcement of any of the Contract. terms of this Contract. 22. WAIVERS. No waiver by the City of any 15.TIMELY PERFORMANCE.The Parties default hereunder shall operate as a waiver of agree that the dates and time periods specified any other default or of the same default on any in this Contract are of the essence to the future occasion. No delay on the part of the City satisfactory performance of this Contract. in exercising any right or remedy hereunder 16. CHOICE OF LAW AND FORUM. shall operate as a waiver thereof. No single or In the event any proceeding of a quasi-judicial or partial exercise of any right or remedy by City judicial nature is commenced in connection with shall preclude future exercise thereof or the this Contract, the proceeding shall be brought in exercise of any other right or remedy. Des Moines, Iowa, in Polk County District Court 23. COUNTERPARTS. This Contract may be for the State of Iowa, if such court has executed in any number of counterparts, each of jurisdiction. If however, such court lacks which shall be deemed to be an original, but all jurisdiction and jurisdiction lies only in a United of which together shall constitute but one and States District Court, the matter shall be the same instrument. commenced in the United States District Court 24. SURVIVAL OF REPRESENTATIONS. All for the Southern District of Iowa, Central representations and warranties made herein or Division. This provision shall not be construed in any other Contract document or in certificates as waiving any immunity to suit or liability, in given pursuant hereto or thereto shall survive state or federal court, which may be available to the execution and delivery of this Contract and the City, or its officers, employees or agents. the other Contract documents and shall continue 17. GOVERNING LAW. This Contract and the in full force and effect with respect to the date as rights and duties of the Parties hereto shall be of which they were made until all of Business's governed by, and construed in accordance with obligations or liabilities under this Contract have the internal laws of the State of Iowa without been satisfied. regard to principles of conflicts of laws. 25. SEVERABILITY OF PROVISIONS.Any 18. CONTRACT AMENDMENTS.The Contract provision of this Contract which is unenforceable may only be amended if done so in writing and in any jurisdiction, shall, as to such jurisdiction, signed by the Business and the City. be ineffective to the extent of such 19. NOTICES. All notices hereunder shall be in unenforceability without invalidating the writing and shall be given to the relevant party at remaining provisions hereof or affecting the its address, or e-mail address as set forth on the validity or enforceability of such provision in any first page of this Contract. Each such notice, other jurisdiction. All rights, remedies and request or other communication shall be powers provided in this Contract or any other effective (i) if given by facsimile, when such Contract document may be exercised only to the facsimile is transmitted to the facsimile number extent that the exercise thereof does not violate specified and a confirmation of such facsimile any applicable mandatory provisions of law, and has been received by the sender, (ii) if given by all the provisions of this Contract and any other e-mail, when such e-mail is transmitted to the e- Contract document are intended to be subject to mail address specified and a confirmation of all applicable mandatory provisions of law which such e-mail has been received by the sender, may be controlling and to be limited to the extent (iii) if given by mail, five (5)days after such necessary so that they will not render this communication is deposited in the mail, certified Contract or any other Contract document invalid or registered with return receipt requested, or unenforceable. addressed as aforesaid or(iv) if given by any other means, when delivered at the addresses 26. NONASSIGNMENT.This Contract may not Contract#BRAP115 5 be assigned by Business without prior written b. Exhibit A—Disaster Recovery Business consent of the City. Rental Assistance Program General 27. TERMINATION. This Contract may be Provisions (July, 2009) terminated in the following circumstances: c. Exhibit B- Business's Application for a. As a result of the Business's default under Disaster Recovery Business Rental this Contract; Assistance Program Financial Assistance. b. As a result of the termination or reduction of funding to the City; 29. INTEGRATION. This Contract contains the c. upon written mutual agreement of the City entire understanding between the Business and and Business. the City relating to this Disaster Recovery 28. ORDER OF PRIORITY. In the case of any Business Rental Assistance Program Award and inconsistency or conflict between provisions of any representations that may have been made this Contract and its Exhibits, the following order before or after the signing of this Contract which of priority shall control: are not contained herein, are nonbinding, void and of no effect. Neither of the Parties has relied a. The terms and conditions of the Award as on any such prior representation in entering into outlined on Page 1 of this Contract. this Contract. Contract#BRAP115 6 RESOLUTION NO. 2011-177 RESOLUTION APPROVING CONTRACTS FOR THE DISASTER RECOVERY BUSINESS RENTAL ASSISTANCE PROGRAM WITH THE IOWA DEPARTMENT OF ECONOMIC DEVELOPMENT AND DIRECTING EXECUTION OF SAID DOCUMENTS BY MAYOR PRO TEM. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Contracts dated March 14, 2011, for the Disaster Recovery Business Rental Assistance Program with the following businesses : Multicultural Counseling Center 501 Sycamore Street, Suite 621 $1, 483. 38 Midwest Apparel 626 Sycamore Street $3, 600 . 00 by and between the Iowa Department of Economic Development (CDBG Contract #08-DRB-205) and the City of Waterloo, Iowa, be and the same are hereby approved, and the Mayor Pro Tem authorized to execute the same in behalf of the City of Waterloo, Iowa. PASSED AND ADOPTED this 14th day of March, 2011 . Quentin Hart, Mayor Pro Tem ATTEST: Suzy Schar s, MC City Clerk _\„- \1i: CITY OF WATERLOO , IOWA 4501 ... ...,,, m COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street • Waterloo,Iowa 50703-5783 • (319)291-4366 Fax(319)291-4262 dre►100 '0 NOEL C.ANDERSON,Community Planning&Development Director Council Communication Mayor City Council Meeting:March 14, 2011 BUCK Prepared:March 9, 2011 CLARK Dept.Head Signature: #of Attachments: 5 COUNCIL MEMBERS SUBJECT: Request for the preliminary plat of Anderson's Ninth Addition generally DAVID located south of Tower Park Drive,between Kimball Avenue and Mirage Ridge, for the JONES development of a 6 lot commercial subdivision. Ward I Submitted by: Aric Schroeder, City Planner CAROLYN COLE Recommended City Council Action: Approval of the preliminary plat of Anderson's Ward 2 Ninth Addition. HAROLD GETTY Summary Statement: The preliminary plat consists of 6 lots, containing Ward 3 approximately 5.54 acres of land, which is located south of Tower Park Drive, QUENTIN between Kimball Avenue and Mirage Ridge. The lots vary in size measuring 0.45 HART acres to 1.75 acres. Ward 4 The Planning, Programming and Zoning Commission voted 8-0 to approve the preliminary RON plat at their meeting on March 1, 2011 WELPER wards Expenditure Required:None BOB GREENWOOD Source of Funds:N/A At-Large STEVE Policy Issue: Plat Approval SCHMITT At-Large Alternative: Background Information: The request would allow for the development of 6 commercial lots.These lots are currently zoned "C-2" Commercial district and located in the San Marnan commercial corridor. Access to the lots would be provided from Mirage Ridge.Access easements are included for access to Lots 1, 2 and 3. Lot 1 is currently used as a residence and has its access off of Kimball, and would be allowed to keep that access until it is developed for commercial purposes, at which point, access will be granted from Mirage Ridge. Detention areas are shown on lot 4. Sanitary sewer would be extended from Mirage Ridge to serve the development. Multiple easements are shown on the final plat. CITY WEBSITE: www.ci.waterloo.ia.us - WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer ;n The submitted plat is in accordance with the Subdivision Ordinance and can be serviced by extensions of existing utilities, and would appear to provide for the orderly development of land that is compatible to surrounding development. cc: Noel Anderson,Community Planning&Development Director Path: K:\USERS\Planning\Adam\Council Letters\letter preliminary plat andersons 9th 3.14.11.doc • • PRELIMINARY PLAT ANDERSON'S NINTH ADDITION WATERLOO, BLACK HAWK COUNTY, IOWA Lew,O.wdbn: ♦pod eFlne PMnglnnlowwlwvV.la6.ml le,Twnow uxwa romp II..v.SPSM,P M ON erWal o,00oO * W,H.row 114u0•0 asM r. Cm.wug11w Ware.o,w NWlollaene,WIMph.p UeMPro'wY I.Y,e OOPITIp1ITa58Mels.ue vwa Bn as. 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I G 1 �� \\ 11j ghlitan 3w m4• tl� uw r_ ___..... LI _.... ,......._1: ""'" *"'..."'Vr 7 I (i � l .��NN � n „tail: � _-- � I s�-.—�— us«4Nr . EEw NFIE LIMPID Umom mot ram 1.,w.M.neneso.e.w..a..ww. 0.,.,1MPMN, P1..r.Su.r„ 1M.IMFAdnwn S.Cmw,w0YOntl NORM nwwr,r.. a ... PD.6m TS! M —S' v 'Msbe,ter maw ��TA}P a ...EOM +m _ ��--p.—� tlm.,Ms.emmaaeewmmr Mde.NMwmx. 8 qv xluMmm.pnp s.w PMsde.a,,.be,M w.w..N.d.,. .. o.rw;nn. ww.,..... ne . . '6 fa om'dd .e ==.— PI .W,M..M nut lr le r1 'Anderson's Ninth Addition M m C �1 —� — Waterloo,Black Hawk County,Iowa YJ Engineering o o _;r• A � a 1501 Technology Parkway pp •• .3 + (NW 1/4,Sec,10,Twp.BS North,ling. 13 West Cedar Falls, Iowa — 319-266-5829 r v 'It Request for Preliminary and Final Platf Anderson's Ni 1. nth PI , MO Addition generally located south of Tower Park Drive between Kimball Avenue and Mirage Ridge, for the development of a 6-lot commercial subdivision. T/�, M — • Or /t3 T > 11 1 —z ,�p+ �c,�„ Bs °^ m __ -.� Tower Park Drive r - 6 r�q - r -= _ f �S s T '''*----.M7- %,.. € 1� Furniture Row ^r -,, �.� �� - TF *w 1. 51- V etc �m Via+ • s 1 lee ;, -� — E l a11' =1�1 I'll'I�11111e '��11111 r a iir , _f �� am's Club S x' vim= .d-ate.= + i € f_ .\ - — $ _ t Highway 20..fir= z =y Legend F = '. I£Area proposed to be platted N nNi �. _ -a - 200 100 0 zoo 2I'' March 1, 2011 REQUEST: Request for the preliminary and final plat of Anderson's Ninth Addition generally located south of Tower Park Drive, between Kimball Avenue and Mirage Ridge, for the development of a 6 lot commercial subdivision. APPLICANT(S): Hope Martin Anderson GENERAL This request would create 6 lots for commercial development DESCRIPTION: ranging in size from 0.45 acres to 1.75 acres. IMPACT ON The request would not appear to have a negative impact on NEIGHBORHOOD the area, as most of the surrounding land is used for commercial purposes. VEHICULAR & The request would not appear to have a negative impact on PEDESTRIAN traffic conditions. Traffic would access the lots from Mirage TRAFFIC: Ridge. TRAIL PLAN: There are no recreational trails in the area of the request. ZONING HISTORY The site is zoned "C-2" Commercial District and has been FOR SITE AND since September 27, 1982 Ordinance No. 3243 and was IMMEDIATE VICINITY: rezoned from A-1 Agricultural District. North- Commercial properties such as a Sonic Restaurant and a Casey's Gas Station. East- Multiple-Commercial properties such as furniture row and Sam's Club. South- Highway 20 West- Commercial properties such as Community National Bank and Burger King. BUFFERS The request would not require any buffering by ordinance REQUIRED/ NEEDED: standards. DRAINAGE: A storm water detention area would be located on the south side of Lot 4. DEVELOPMENT Surrounding commercial structures were constructed in the HISTORY: mid 1990's. Residential structures on the property in questions were built in the 1970's. FLOODPLAIN: This area is located within Zone-C, indicating minimal risk of flooding by the Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map 190025-0012. PUBLIC/OPEN Paulsen and Bontrager Park lies % mile north of the site in SPACES/SCHOOLS question. UTILITIES: WATER, An 8" sanitary sewer line and 6" storm sewer drain tiles run SANITARY SEWER, along Mirage Ridge. A 15" storm sewer line runs along Kimball STORM SEWER. Avenue. Various utility easements are shown on the final plat. RELATIONSHIP TO The Future Land Use Map designates the area as mixed COMPREHENSIVE commercial. This request would be in compliance with such Anderson's Ninth Addition Preliminary and Final Plat Page 1 of 2 March 1, 2011 LAND USE PLAN: designation. The site is located within the Primary Growth Area as designated on the Growth Area Map within the Comprehensive Plan. STAFF ANALYSIS — The Preliminary and Final Plat consists of 6 lots, containing ZONING approximately 5.54 acres of land, which is located south of ORDINANCE: Tower Park Drive, between Kimball Avenue and Mirage Ridge. The lots vary in size measuring 0.45 acres to 1.75 acres. The request would allow for the development of 6 commercial lots. These lots are currently zoned "C-2" Commercial district and located in the San Marnan commercial corridor. Access to the lots would be provided from Mirage Ridge. Access easements are included for access to Lots 1, 2 and 3. Lot 1 is currently used as a residence and has its access off of Kimball, and would be allowed to keep that access until it is developed for commercial purposes, at which point, access will be granted from Mirage Ridge. Engineering has noted that the deed of dedication may need to be changed due to the cau-de-sac at the end of Mirage Ridge has been completed as lots 2, 3, and 5 should gain all access from Mirage Ridge. Detention areas are shown on lot 4. Sanitary sewer would be extended from Mirage Ridge to serve the development. Multiple easements are shown on the final plat. STAFF ANALYSIS — The Subdivision Ordinance requires that preliminary plat SUBDIVISION submissions include such criteria as boundaries of property, ORDINANCE: proposed streets, easements, and widths of right-of-way, contours, and utility locations, all of which are provided on the Preliminary Plat. The Subdivision Ordinance requires that Final Plat submission include such criteria such as boundaries of property, proposed streets, easements, and widths of right-of-way, all of which are provided on the Final Plat. STAFF RECOMMENDATION: Therefore, staff recommends that the request for the Preliminary and Final Plat of Anderson's Ninth Addition 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, which classify this area as Commercial. 3. The plat will create an additional infill development site in the Primary Growth Area. Anderson's Ninth Addition Preliminary and Final Plat Page 2 of 2 Plat- Anderson's Ninth Addition- South of Tower Park Drive rvy • v x x , 1 y eft re x, „ 4.400 �9 .. 3..^�..,,f �x,'? � sY� , Looking west from Mirage Ridge at Looking south from Mirage Ridge towards commercial development. Highway 20. Looking northwest from Mirage Ridge at 125 Anderson Drive. 57 RESOLUTION NO. 2011-178 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, APPROVING THE PRELIMINARY PLAT AND NECESSARY DOCUMENTS OF ANDERSON' S NINTH ADDITION IN THE CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA. WHEREAS, on this 14th day of March, 2011, at a regular meeting of the City Council of the City of Waterloo, Iowa, the Preliminary Plat of Anderson' s Ninth Addition, Waterloo, Black Hawk County, Iowa, was presented for approval, and WHEREAS, said Preliminary Plat has been previously submitted to and has been approved by the Waterloo City Planning, Programming and Zoning Commission, and WHEREAS, said Preliminary Plat has been considered and should receive approval of this Council . NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Preliminary Plat of Anderson' s Ninth Addition, Waterloo, Black Hawk County, Iowa, be and it is hereby approved and the Mayor and City Clerk of the City of Waterloo, Iowa, are hereby authorized and directed to certify and affix their signatures to said resolution. PASSED AND ADOPTED this 14th day of March, 2011. ALL kftA Quentin Hart, Mayor Pro Tem ATTEST: Suzy Sc a es, CMC City Clerk CERTIFICATE I, Suzy Schares, City Clerk of the City of Waterloo, Iowa, do hereby certify that the preceding is a true and complete copy of Resolution No. 2011-178, as passed and adopted by the Council of the City of Waterloo, Iowa, on the 14th day of March, 2011 . Witness my hand and seal of office this 14th day of March, 2011 . SEAL { Suzy S hires, CMC City Clerk CITY OF WATERLOO , IOWA 1 511, COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319)291-4366 Fax(319)291-4262 dterloo �� NOEL C.ANDERSON,Community Planning&Development Director Council Communication City Council Meeting: March 14, 2011 Mayor Prepared: March 9, 2011 BUCK Dept. Head Signature: Ari •oeder CLARK # of Attachments: COUNCIL MEMBERS SUBJECT: Request to dedicate a 210 SF Permanent Easement for sidewalk purposes upon property owned by East Waterloo Family Housing, LLL at the DAVID Unity Square Townhomes development, located at the southeast corner of Newell JONES and Mobile Streets. Ward 1 CAROLYN Submitted by:Aric Schroeder, City Planner COLE Ward 2 Recommended City Council Action:Approval GETTY HAROLD Summary Statement: The City is requesting from East Waterloo Family Ward 3 Housing, LLL, a permanent easement to allow a public sidewalk to encroach upon a portion of the recently constructed Unity Square Townhomes development at the QUENTIN corner of Mobile Street and Newell Street. HART Ward 4 The new easement would be dedicated at the southeast corner of Newell Street and RON Mobile Street. Currently, Qwest Communications has a utility box located at this WELPER corner, and the location of the utility box interferes with the path of the sidewalk. Ward 5 Staff recommends that the path of the sidewalk curve towards the south, closer to BOB the Unity Square development, rather than to the north, which would put the GREENWOOD sidewalk approximately 4' from the edge of Newell Street. The costs to relocate At-Large the utility box would be nearly $20,000.00, which would be at the expense of the STEVE abutting property owner. Dedication of the easement would avoid the need to SCHMITT relocate the utilities, and save the property owner money to do so, as well as At-Large keeping the sidewalk a safe distance from Newell Street. Expenditure Required. None. Source of Funds: n/a Policy Issue: Sidewalks Alternative: The alternative would be to build the sidewalk around the north side of the utility box towards Newell Street,however, staff recommends against doing so, as it would place the sidewalk an unsafe 4' from Newell Street, and during CITY WEBSITE:E RtYrbo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer winter months, snow cleared from the road would end up being piled on top of the sidewalk. Background Information: CommonBond Communities recently completed the construction of 40 townhouse units at this location. AS:to Cc: Noel Anderson, Community Planning&Development Director Eric Thorson, City Engineer Dennis Gentz,Assistant City Engineer Wayne Castle,Associate Engineer --file-- Prepared by Tim Andera.Associate Planner.City of Waterloo.715 Mulberry SL Waterloo.IA 50703—(319)291-4366 PERMANENT EASEMENT The undersigned does hereby grant and convey unto the City of Waterloo,Iowa,a permanent easement over,under,and upon the following described property in the City of Waterloo,Black Hawk County,State of Iowa: SEE ATTACHED PLAT AND LEGAL DESCRIPTION for the purpose of public sidewalk use. Together with a right of ingress and egress thereon. si IN WITNESS WHEREOF,we have hereunto set our hands this 1 day of Ci•Oc N 2011. For East Waterloo Housing,LLLP Paul Fate,President By: Paul Fate Its: President State of Miaaew R4mCey County) ss. On this J'day of March ,2011,before me the undersigned,a Notary Public in and for the County of kck.rv'Se ,State of Minnesota personally appeared Paul Fate,President ,to me known to be the persons named in and who executed the foregoing instrument and acknowledged that they executed the same as their voluntary act and deed. IN WITNESS WHEREOF,I have hereunto signed my name and affixed my Notarial Seal the day and year last above written. Seal ri_UANN M. OLSON Ng7tiRy PUBLH: 6@N�E.90TA \ Ja .t „.�MY COMMISSION No Public EXPIRES JAN.31 2015 Kirk D. Eschliman, P.L.S. Iowa Lic. No. 9961, 819 Sycamore Street, Waterloo, Iowa 50703-4729 - Phone: 319-234-0509 i PLAT OF SURVEY PERMANENT EASEMENT 1 • _ _ NEWELL STREET FOUND CUT'x' CENTERLINE 66 FT. PUBLIC RIGHT OF WAY NW CORNER NE 1/4 OF NE 1/4 SEC.24,T89N,R13W I CURRENT LOCATION: E ® MST CONWNUBON 1, .7, U EQUIPMENTW ` W o o MC SIDEWALK 5.0 FT.P.C.CONCRETE0 \ d ' '' �'- 'k J o SOWN PoCNT.OF WAY LINE W NEWELL ST. I Ena g �(35.0') R I gg 4`" PERMANENT .Wa e R PUBLIC SIDEWALK ACCESS 3 EASEMENT: 210.0 SQ. FT. IA 1 Li 'A PARCEL "A" NE 1/4, I SECTION 24, T89N, R13W CITY OF WATERLOO I 1 n - BLACK HAWK COUNTY , STATE OF IOWA I LEGAL DESCRIPTION: PERMANENT EASEMENT FOR PUBLIC SIDEWALK PURPOSES, MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE NORTH SIX (6) FEET OF THE WEST THIRTY-FIVE (35) FEET OF PARCEL "A" IN THE NE 1/4 OF SECTION 24, T89N, R13W IN THE CITY OF WATERLOO, BLACK HAWK COUNTY, STATE OF IOWA. GP.APHIC SCALE "*" DENOTES ASSUMED BEARING THIS IS NOT A DIVISION OF LAND PER BLACK HAWK 0 20 qp "•p DENOTES MONUMENT FOUND COUN CO�cpr.�PTIBC 0, 010-012491 O DENOTES MONUMENT SET iU - - I, 0.00' DENOTES RECORD DIMENSION pyfp9�p 1 Inch = 20 Ft. (0.00')DENOTES FIELD DIMENSION A. r I HEREBY CERTIFY THAT THIS LAND SURVEYING DOCUMENT " D-••,, CURRENT OWNER: EAST WATERLOO FAMILY, WAS PREPARED AND THE RELATED SURVEY WORK WAS 6° .. . •o .••.. ...••.•o'q HOUSING LLL PERFORMED BY ME OR UNDER MY DIRECT PERSONAL ��4' o`= PER BLACK HAWK COUNTY RECORDER'S SUPE' ..r=r 5 HAT I AM A DULY LICENSED LAND LI Kirk D. "I OFFICE: DOCUMENT NO. 2010-012491 ,UR • NDER T S OF THE STATE OF IOWA. *;8sahliman:•*= . 9983 i FOR: EAST WATERLOO FAMILY HOUSING LLL ���• •.. �_ �L.IWJI/l:O II• •'%,•'•+. .•`,o,• 1 WATERLOO, WAE KIRK D. ESCHLIMAN, P.L.S. IOWA LIC. NO. 9961 ""'zmi"pO REQ. BY: CYNTHIA LEE/COMMONBOND MY LICENSE RENEWAL DATE IS DECEMBER 31, 2011 uNa:'-w 14.gsrersm, COMMUNITIES PAGES OR SHEETS COVERED BY THIS SIGNATURE & SEAL: SHEET 1 OF 1 Amon HEREONST. PAUL, MINNESOTA KE S S 8c ASSOCIATES ? IN RE V C . DDATE OF FIE02/08/: 12/07/2010 BY: GJ.P./KD£ 1/4..819 SYCAMORE ST., WATERLOO, IOWA 50703-4729 PHONE: (319) 234-0509 CADD FILE: 10CI6PS—E2.DWG PROJECT NO.: 10C16 1 Printable Map Output Page 1 of 1 Black Hawk County Parcel Map Parcel ID: 8913-24-226-001 Deed Holder: EAST WATERLOO FAMILY HOUSING LLL Leal: UNPLATTED WLOO EAST ALL THAT PART NE NE SEC 24 T' 89 R} 13 f arzt t S• a AMIft0 ✓"p ', mY34 .r" e ▪ r—i n 144 '41 ugand C_ r # ,R x*c =.i- 44 5.sx a s;s� a� * u s^^ w,- rr ' -}�u` ,,ip n a ,'D.^ a MnaaI Photos ser ,s,. . y `a y, 1tPM_ t Ya ' ttsIPPO t r w mr t Pnwi. .- ¢} a ciganwa ` IT 4 t I'^`' paarcaao m r.1, +{2-�r�x-y....yr .:, ; #»➢+ se.�q,3 t ya tT k r T'3 f " r4 X cara.It ta4 4y pw Am.Ss k $t.,^ ,' a' {,name rodrim0411!:*C44f46,1T141:17 .,:.4!.%, x i a n B4 X. a U4 ' Vi14'. i47. .Wammama i Xt' A- t sy r - .' . �} 44s,1 D m y F i ,-' . e, 'L s . 1e a q 'a` y1 m 5., r 'r ' "S:.-t 7-''.,BS -- ,xli y$ix'fl.agri a ko '' 7"'in r . � �i e a{i Pf ' N ' , g51 a yn y-»wA- $ . .,. T's. t .2.- I,C rsr a=t , . ki 4.. i 5 1 * -a' ^p} xpF ; � } T Y a a", �.t* £5Y- e.3 . :. - *`- `e c r :e,Fy E 3 a 41, a 3a481&xx :a Li &> --*-ter•' yy t r#n_ a liP fA u.alvd was A,,Ll3.copyright(CI 1*1 •2tgl Emu inc.- z . .-s»�.r:() 23ft Black Hawk County,Iowa Map Disclaimer:This map does not represent a survey.No liability is assume. or the 316 East 5th Street accuracy of the data delineated herein,either expressed or implied by Bla awk County,Waterloo,Iowa 50703-4774 the Black Hawk County Assessor or their employees.This map is com -d from official Phone:(319)833-3002 records,including plats,surveys,recorded deeds,and contracts,an. only contains Fax:(319)833-3070 information required for local government purposes.See the re x .ed documents for more E-mail:auditor(c�co.black-hawk.ia.us.org detailed legal information. http://www2.co.black-hawk.ia.us/servlet/com.esri.esrimap.Esrimap?ServiceName=bhov&Cl... 3/2/2011 RESOLUTION NO. 2011-179 RESOLUTION ACCEPTING AND APPROVING PERMANENT EASEMENT AGREEMENT WITH THE EAST WATERLOO FAMILY HOUSING, LLL AND DIRECTING EXECUTION OF SAID AGREEMENT BY MAYOR PRO TEM. WHEREAS, that the Permanent Easement Agreement of the hereinafter described parcel is to allow for a portion of public sidewalk to encroach upon a portion of the recently constructed Unity Square Townhomes Development at the corner of Mobile Street and Newell Street. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Permanent Easement Agreement, by and between the East Waterloo Family Housing, LLLP, for the parcel hereinafter described, all of which is situated in the City of Waterloo, Black Hawk County, Iowa, is accepted and approved: Permanent Easement for public sidewalk purposes, more particularly described as follows : The North Six (6) feet of the West Thirty-Five (35) feet of Parcel "A" in the NE 1/4 of Section 24, T89N, R13W in the City of Waterloo, Black Hawk County, State of Iowa. PASSED AND ADOPTED this 14th day of March, 2011, and approved by the Mayor Pro Tem on the 14th day of March, 2011. Quentin Hart, Mayor Pro Tern ATTEST: Suzy Scharr, CMC City Clerk RESOLUTION NO. 2011-180 RESOLUTION APPROVING ENCROACHMENT AGREEMENT WITH RICHARD L. PENN AND SHARON L. ARMFIELD- PENN AND DIRECTING EXECUTION OF SAID ENCROACHMENT AGREEMENT BY MAYOR PRO TEM. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Encroachment Agreement dated March 14, 2011, to allow for the construction of four (4 ) parking bollards along the northeasterly wall of 316-320 West 4 h Street and encroaching an additional 3" for a total of 16" in the public alley adjacent to 316-320 West 4th Street, legally described as follows : Original Plat, Waterloo West, the Northeasterly sixty (60) feet of the Southeasterly thirty (30) feet of Lot 9, Block 16, and the Northeasterly sixty (60) feet of Lot 10, Block 16 all in the City of Waterloo, Black Hawk County, State of Iowa; by and between Richard L. Penn and Sharon L. Armfield-Penn and the City of Waterloo, Iowa, be and the same is hereby approved, and the Mayor Pro Tem and City Clerk authorized to execute the same in behalf of the City of Waterloo, Iowa. PASSED AND ADOPTED this 14th day of March, 2011 . Quentin Hart, Mayor Pro Tem ATTEST: Suzy Schar s, CMC City Clerk 40r.ai CITY OF WATERLOO , IOWA i►osto _ _ m COMMUNITY PLANNING AND DEVELOPMENT 715 MulberryStreet • Waterloo,Iowa 50703-5783 • (319)291-4366 Fax(319)291-4262 drerl00 NO NOEL C.ANDERSON,Community Planning&Development Director Council Communication Mayor City Council Meeting: March 1 11 / BUCK Prepared: March 9, 2011 CLARK Dept.Head Signature�p, . #of Attachments: " COUNCIL MEMBERS SUBJECT: Request from Richard Penn for an encroachment agreement for the purpose of constructing 4 parking bollards in the public alley adjacent to 316-320 W 4"' DAVID street that would encroach up to 16" into the public alley. JONES ward? Submitted by: Noel Anderson, Community Planning&Development Director CAROLYN COLE Recommended City Council Action: Approval of the request to encroach 16"into the Ward 2 public alley. HAROLD Summary Statement: Richard Penn requests approval for an encroachment agreement for Ward 3Y the purpose of constructing 4 parking bollards along his building at 316-320 W 4th Street that would encroach 16"into a public alley to prevent his building from being struck by QUENTIN any vehicles using the alley. The alley in question is a very busy alley and staff has HART concerns with narrowing an already narrow 20'wide alley almost 1.5'to a functionally Ward 4 18.5'wide alley. Staff is aware that similar parking bollards can be found directly across the street along the north side of 316 W 5'I' Street,which have not had any known negative RON WEEPER impact and encroach 24" into the alley, but the alley has significantly less vehicular traffic. Ward S Adjacent businesses that utilize the alley include Subway, Doughy Joey's,Kings and Queens, Lindgren Glass, Convention and Visitors Bureau and the 1540 KXEL radio BOB station. GREENWOOD At-Large The Planning and Zoning Commission voted 5-3 to deny the request in their December 7, 2010 meeting. STEVE SCH Expenditure Required: None At-Large Source of Funds:N/A Policy Issue: Right-of-way Alternative: Possible alternatives would be to grant a smaller encroachment into the alley for the bollards,or prohibit placement of the bollards. Background Information: The applicant has indicated that there would be 4 bollards installed that would be 25' between centers and would measure 8.5"wide by 36"tall. The applicant has noted that the CITY WEBSITE: wwwci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer first bollard would be positioned 6"from the front corner of the building and the last one would be on the rear corner of the building. A signed and executed encroachment agreement would be required,which would stipulate that the bollards would have to be removed if the space was needed for public purposes. cc: Aric Schroeder,City Planner Eric Thorson,City Engineer Dennis Gentz,Assistant City Engineer Exhibit"A" Request for an encroachment at 316-320 W 4th Street to allow 4, 8.5" wide by 36" high parking bollards to encroach 16" into the platted public alley. . • <164 • 41 Proposed Parking Bollards 316-320 West 4th Street . 5 ar 10 0 0 / A 10 Feel ENCROACHMENT AGREEMENT Prepared by:David Zellhoefer,715 Mulberry Street,Waterloo,Iowa 50703(319)291-4327 THIS ENCROACHMENT AGREEMENT is entered into by and between Richard L.Penn and Sharon L.Amtfield-Penn,hereinafter"Penn",and the City of Waterloo,Iowa,hereinafter"City" this day of March 2011. WHEREAS,Penn is the owner(s)of real estate commonly known as 316-320 West 4"'Street, Waterloo,Iowa 50701 and legally described as Original Plat,Waterloo West,the Northeasterly sixty(60)feet of the Southeasterly thirty(30)feet of Lot 9,Block 16,and the Northeasterly sixty (60)feet of Lot 10,Block 16 all in the City of Waterloo,Black Hawk County,State of Iowa, hereinafter"Penn property";and WHEREAS,there is City owned right-of-way adjacent to the Northeasterly line of Penn property,which is dedicated as public alley,hereinafter"Alley";and WHEREAS,Penn is requesting to place four(4),8.5"x 36"parking bollards along the northeasterly wall of the building at 316-320 West 4 Street,hereinafter`Bollards"to encroach 16"into said alley; and WHEREAS,the City is willing to allow said Bollards to encroach 16"into alley as shown on the attached Exhibit"A",subject to the following agreement regarding each party's rights. THEREFORE IT IS HEREBY AGREED by and between the parties as follows: 1. Affirmation-Penn hereby recognizes and reaffirms,said alley. 2. Grants-The City grants Penn the right to place and maintain said Bollards on and over said alley,subject to the rights of the City and/or any agency to which the City has granted a utility franchise to and for access over,under and upon within said alley, expressly recognizing and acknowledging that any damage that occurs to said Bollards will be the sole risk and expense of Penn,or all successors or assigns,including moving or replacement expenses. In the event that the City and/or any agency to which the City has granted a utility franchise needs said Bollards to be temporarily moved for access to said alley,Penn and all successors or assign,shall move said Bollards if present and able,otherwise the City and/or any agency to which the City has granted a utility franchise shall be authorized to move said Bollards and assess any costs for moving against Penn or any successors or assigns,or against the Penn property. The City and/or any agency to which the City has granted a utility franchise shall not be responsible or liable for damage or replacement of said Bollards. 3. Term of Agreement-The term of this agreement shall be for so long as said encroachment is maintained by Penn,or any successors or assigns,and said encroachment continues to exist,and that this agreement shall automatically terminate if said encroachment is removed(other than for temporary removal as noted). It is understood and agreed that this Agreement is appurtenant to Real Estate. It is further understood and agreed that this agreement may be terminated by the City upon 60 days notice and order to permanently remove to Penn,or any successors and assigns,and that Penn,and any successors and assigns,agree to remove said encroachment(s)prior to the end of the 60 days notice and termination of this agreement. If Penn,or any successors and assigns,fail to remove said encroachment upon termination of this agreement,Penn,or any successors and assigns,authorize the City to remove said encroachment and assess costs to Penn,or any successors and assigns,or against the Penn property. 4. Indemnification-Penn,and all successors and assigns shall protect,defend, indemnify,and hold harmless the City and its successors and assigns,and its officers, elected officials,employees,and agents,and any agency to which the City has granted a utility franchise from any claim damages,liability and expenses(including,but not limited to,reasonable attorneys fees and costs of litigation)arising out of the use or maintenance of said encroachment,including any damage to said encroachment.This covenant shall survive the termination of this Agreement. Richard L.Penn Sharon L.Annfield-Penn City of Waterloo By:Ernest G.Clark Its:Mayor Attest: Suzy Schares,City Clerk STATE OF IOWA ) COUNTY OF BLACK HAWK )SS. On this day of March,2011,before me,the undersigned,a Notary Public in and for the State of Iowa,personally appeared Richard L.Penn and Sharon L.Armfield-Penn to me known to be the identical persons named herein and who executed the foregoing instrument and acknowledged that they executed the same as their voluntary act and deed. Notary Public STATE OF IOWA ) COUNTY OF BLACK HAWK )SS. This instrument was acknowledged before me on this day of March,2011,by Ernest G. Clark and Suzy Schares as Mayor and City Clerk,respectively,of the City of Waterloo. Notary Public Plat Map — Encroachment Agreement at 316-320 W 4th St x �'j l iC ,, s, 5"'btz ; xis q �^,.d, f S ,r )' A iT* .. 1-3 ems,. 1 ,' ,i '� Diu 4v .} 1 ,. ,, U _c 5 its'' ./` '°'°' .f-. 4" "1. 12" Storm Sewer , ti, � r ' 8" Sanitary Sewer mow, `'Y' ` cjr 47 r M1 '1 { . �j✓n v'. /I' \. `� o4r' ��CSt 4th St /, / /'..z.,,,,V0,./.."'4" '"wiw, .°'0 \'4 ` ,',, c Ntt,. ` ,- < k tip. N / qQ4 pVf V t t6„, ,%,_, Alley in Question ...:\ (- ram / s r 516 :1 : (w` {- a I : ;'u �' , ' ' 24" Storm Sewer `�� . r V 4 - y r � 2 � n t � \ �f�e T ��q r rq f, ✓ .,,3'a • , / +r Gr /(f .. 3 s`'c 2 'r , ;J w ry s h r' ".S�g9 < it tt,1� t \ ,, '/ t �,. , F S . 'i' V , 24" Sanitary SCwer p t - `V /jet ivr `..,t" z t � y - rt' ti� tic f• ''"po • , 9 { ` ; 4 t 'u , /y { ./ r �u'md oO /1-'-. Encroachment Agreement — 316-320 W 4th Street tE Approximately 24" ,. Looking east down the alley in question Looking west down the alley in question towards West 4th Street. The applicant's towards West Park Avenue. The building is on the right. applicant's building is on the left. h + A Looking west down alley in question Looking west towards West 4th Street at the towards West Park Avenue. existing bollards that are located along the north side of the building at 316 5th Street. /40 r'. CITY OF WATERLOO , *Vali'i O , I O Wq �dt�ar o�O 715 MWberry stre413, COMMUNITY PLANNING AND DEVELOPMENT Waterloo, Iowa 50703-5783 • (319)291-4366 Fax(319)291-4262 NOEL C.ANDERSON,Community planning&Development Director Council Communication Mayor BUCK City Council Meeting: March--- . 2011 CLARK prepared: Marc 2_ q_j_litf ;Dept. Head Signature: 3/ gl�i 1 #of Attachments:_ ���COUNCIL MEMBERS ................... SUBJECT: Request to set the date of public hearing for a request by Lavern DAVID Droste to rezone 1.845 acres of land at 245 Fletcher Avenue from "R-2,C-Z" JONES Ward1 Conditional Zoning District and "C-2,C-Z Ward 1 Z"Conditional Zonin "Conditional Zoning District to "C-1,C- CAROLYN g District Ward Submitted by:y: Ark Schroeder, City Planner HAROLD Recommended City Council Action: Approval GETTY ', Ward 3 Summary Statement: Transmitted herewith is a request to rezone approximately QUENTIN 0.845 acres of land at the northeast of University and Fletcher Avenues from "R- HART 2,C-Z"Conditional Zoning District and "C-2,C-Z" Conitional Zoning District Ward 4 "C-1,C-Z"Conditional Zoning District. The property at 245 Fletcher Avenueis to RON the former Red's CB and Sound Room, which has recently closed. The site in RON question is zoned as "R-2,C-Z"and "C-2,C-Z", which allowed for the construction WELWards of the commercial facility in 1987 to be used as an electronics store with necessary storage. Due to the property being conditionally zoned to allow for the electronics SOB store use, the ability to establish a new commercial venture upon the site is limited REENWOOD to that use. Also, the storage building to the southeast of the main It-Large ng Fletcher Avenue is also conditionally zoned to allow the use of that sited to beat for 245 TEVE storage and electronics installation related to the business at 245 Fletcher Avenue. CHMITT The property would need to be rezoned, and the conditions amended to allow for -Large other lighter commercial uses the ability to locate at this location. Conditions placed upon of those rezones were they were be constructed in accordance with the parking and landscaping ordinance regulations, and that any development upon that site is effectively screened from the abutting residential properties to the east on Joder Avenue and Black Hawk Road. It would appear that appropriate screening of both developments may not have been completed. Any new commercial use upon the property needs to insure that it is properly screened by either landscaping or solid fencing from the residential properties t effectively the east, and provides adequate parking. i Staff did receive calls from many nearby residents questioning why is rezoning the land, and what types of uses can locate within the bui dingplicant CITY WEBSITE: www.ci.waterbo.ia.us WE'RE WORKING FOR YOU! -- 4 An Equal Opportunity/Affirmative Action Employer Many nearby residents noted that they do not want to see a bar or liquor store moving into the site, and some residents noted that they would not like to see an automobile dealership moving into the site,noting they can sometimes be unsightly. Also, all the residents that called noted that they have alley access to their garages behind their properties, and at times, delivery trucks going to Red's CB used the alley, sometimes creating ruts in the alley, as well as noting that the alley is very narrow, and a tight 90 degree turn in the alley makes it difficult for some trucks to maneuver through. Staff is looking at the possibility of restricting truck access to the site from either the entrance off of Joder Drive, or from the alley that accesses the cul-de-sac from the end of Black Hawk Road At their February 1, 2011 meeting,the Planning and Zoning Commission recommended approval of the rezone request, subject to the following conditions: 1. That uses permitted in the "C-1"Commercial District are allowed upon the site, and that uses permitted in the "C-2" Commercial District are allowed upon the site, except the following: a) That no adult uses as defined by the City of Waterloo Zoning Ordinance are permitted upon the site. b) That the sale of beer, wine, liquor or other alcoholic beverages upon the site are not allowed. c) That the sale or repair of automobiles,trailers and farm implement equipment upon the site is not allowed. 2. That if a car wash or gas station locates upon the site,there are no automatic dryers, and all lighting for any use shall be diverted away from the surrounding residential uses. 3. That proper screening of either landscaping plantings that make an effective visual barrier, or a solid fence of at least 6'in height be installed along the abutting residential properties to the east. 4. That the alley located between Joder Avenue and Black Hawk Road be restricted to prohibit its use by large trucks to and from the site by means of posting a"No Trucks" sign at the 2 entrance points of the alley. Please find attached a staff report, aerial photo, and legal description,detailing the area in question. Therefore, we request the City Council set a date of public hearing on the rezoning request as February 28,2011, and publish an official notice pertinent to the requested rezoning. 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 Alternative: N/A Background Information: AS:to cc: Noel Anderson,Community Planning and Development Director Eric Thorson,City Engineer Sandie Greco,Traffic Operations Superintendent --file-- February 1,2011 REQUEST: Request to rezone approximately 0.845 acres of land from "R-2, C- Z" Conditional Zoning District and "C-2,C-Z" Conditional Zoning District to "C-1,C-Z" Conditional Zoning District. APPLICANT: Lavern Droste, 2342 Country Lane Waterloo, IA 50701 GENERAL The applicant is requesting to rezone the property at 245 Fletcher DESCRIPTION: Avenue to allow for the redevelopment of the site. Currently, the site is zoned as "R-2,C-Z" and "C-2,C-Z", which allowed for the construction of a new commercial facility to be used as an electronics store with necessary storage. Due to the property being conditionally zoned to allow for the electronics store use, the ability to establish a new commercial venture upon the site is limited to that use. Also, the storage building to the southeast of the main building at 245 Fletcher Avenue is also conditionally zoned to allow the use of that site to be for storage and electronics installation related to the business at 245 Fletcher Avenue. The property would need to be rezoned, and the conditions amended to allow for other lighter commercial uses the ability to locate at this location. IMPACT ON It would appear that the rezone would not have a negative impact NEIGHBORHOOD & upon the surrounding area, as uses within the "C-1" Commercial SURROUNDING District are geared towards neighborhood developments, thus being LAND USE: more compatible to nearby residential development. The conditions to the zoning will prohibit commercial uses that would potentially have a negative impact.on the area. VEHICULAR & The proposed rezone area fronts up to Fletcher Avenue, which is PEDESTRIAN classified as a Minor Arterial, and Joder Avenue and Black Hawk TRAFFIC Road, which are classified as Local Streets. University Avenue CONDITIONS: borders the property along the south edge, and is classified as a Principal Arterial. It would appear that the rezone would not have a negative impact on traffic and pedestrian conditions in the area, as a new light commercial use would appear similar to the existing electronics store that is there. Conditions of the approval may need to be considered to limit or restrict access to the site via the alley between Black Hawk Road and Joder Avenue. There are no pedestrian sidewalks located within the surrounding area, however, the future University Avenue Improvements Project will look to potentially reduce the road from 6-lanes to 4-lanes, and add pedestrian trails along the roadway. RELATIONSHIP TO The Sergeant Road Recreational Trail is located approximately a IA RECREATIONAL mile to the east of the site in question at the intersection of TRAIL PLAN: University Avenue and Highway 63. ZONING HISTORY The buildings located at 245 Fletcher Avenue were rezoned from FOR SITE AND "R-2" One and Two Family Residence District to "R-2,C-Z" IMMEDIATE VICINITY: Conditional Zoning District on October 7, 1987. Conditions were placed on that rezone request that limited development of that site as an electronics store with service and installation areas, a hard surfaced parking area for a minimum of 10 vehicles, and that the east property line be screened from adjoining property with shrubs 2.1.11 Rezone R2CZ and C2CZ to C1CZ, Page 1 of 5 • February 1,2011 and/or fence. Also, in 1999, the applicant constructed a new storage building for the business to the southeast of the main building at 245 Fletcher Avenue at the end Black Hawk Road near its cul-de- sac. That property was rezoned from "R-2" to "C-2,C-Z" Conditional Zoning District. Conditions placed upon that rezone were the development be constructed in accordance with the parking and landscaping ordinance regulations, and that any development upon that site is effectively screened from the abutting residential properties to the east. It would appear that appropriate screening of both developments may not have been completed. Surrounding land uses and their zoning are as follows: North — One and Two Family Residences, zoned "R-2" One and Two Family Residence District. South University Avenue and Katoski Greenbelt, Hope Martin Park, zoned "A-1"Agricultural District. East— One and Two Family Residences, zoned "R-2" One and Two Family Residence District. West— Commercial development (Papa John's) and strip mall, zoned "C-2" Commercial District. DEVELOPMENT The surrounding area consists of commercial and residential uses HISTORY: at the intersection of University Avenue and Fletcher Avenue. The commercial area where Papa John's Restaurant is located was constructed in 1980. Residential homes are located to the north and east of the rezone area, with many of those homes being developed in the 1930s and 1940s. BUFFERS/ SCREENING Rezoning of the land in question will require that any commercial REQUIRED: use located upon the property is effectively screened either by landscaping or solid fence to diminish any impact upon the surrounding residential area. DRAINAGE: Rezoning of the land would not have a negative impact upon the surrounding area. No additional buildings are proposed as a part of this rezone request. FLOODPLAIN: The area in question is located within the Zone-B, 500-year floodplain as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 190025 and Panel Number 0012, dated July 3, 1985. PUBLIC /OPEN Edison Elementary School is located approximately a '/z mile to the SPACES/ SCHOOLS: north and west at the intersection of Falls Avenue and Magnolia Parkway. Hope Martin Park and the Katoski Greenbelt are located directly south of the area in question along Black Hawk Creek. UTILITIES: WATER, SANITARY SEWER, 8" sanitary sewer is located within Joder Avenue to the north and STORM SEWER, ETC. within Fletcher Avenue to the west. A 10" sanitary sewer line parallels the front property line of 245 Fletcher Avenue, along with a 48" storm sewer. A 21" sanitary sewer line is located within Black 2.1 11 Rezone R2CZ and C2CZ to C1 CZ Page 2 of 5 February 1,2011 Hawk Road to the south and east of the site in question. The surrounding area is also served by other utilities such as water, telephone, gas, cable, etc. RELATIONSHIP TO The Future Land Use Map designates this area as Mixed COMPREHENSIVE Residential, which allows for Low, Medium to High Density LAND USE PLAN: Residential; Professional Offices and Neighborhood Commercial. The rezone area is located within the Primary Growth Area. STAFF ANALYSIS — The proposed rezone consists of approximately 0.845 acres of land ZONING located near northeast corner of Fletcher and University Avenues. ORDINANCE: The applicant is currently in the process of trying to sell their building at 245 Fletcher Avenue. When the land at 245 Fletcher was rezoned to a Conditional Zoning District in 1987, the property was limited to only allow for use of the property as an electronics store, with incidental installation of sound equipment in customer's vehicles upon the site. In 1999, the current property owner constructed a 2,592 SF building to the southeast of the main building at the end of Black Hawk Road. That particular property was rezoned from "C-2" to "C-2,C-Z", which allowed the new building to be used as storage and installation of stereo equipment related to the business at 245 Fletcher. As the land is currently zoned, it is limited to the use of the property as an electronics business with related incidental uses. Essentially, rezoning of the property to "C-1,C-Z" would amend the previous conditions set in place, by allowing for additional light commercial uses upon the site. Staff has received numerous calls from surrounding residents questioning why the applicant is rezoning the land, and what types of uses can locate within the building. Many nearby residents noted that they do not want to see a bar or liquor store moving into the site, and some residents noted that they would not like to see an automobile dealership moving into the site, noting they can sometimes be unsightly. It would appear that access to the site is very limited, as no direct access is obtained from University Avenue, and only motorist traveling north on Fletcher Avenue can turn right onto Joder Avenue to get to the property. A left hand turn from Fletcher Avenue onto Joder Avenue is restricted, due to a median in the middle of Fletcher Avenue. Due to the limited access to the site, it would appear that a high intensity commercial use at this location would not be the best overall use of the property, and a lighter commercial use that does not depend on a good access for its operations would appear to work better. Staff suggests that uses permitted in the "C-1" Commercial District be allowed at the site, including a car wash or gas station, subject to a car wash not having an automatic dryer, and all lights for any use to be diverted from surrounding residential properties. Staff also suggests that uses permitted in the "C-2" also be allowed, with the exception that adult uses as defined by the Zoning Ordinance, the sale of beer or alcoholic beverages upon the premises, outside storage and automobile sales should not be 2.1.11 Rezone R2CZ and C2CZ to C1CZ Page 3 of 5 February 1, 2011 allowed at this location. Also, any new commercial use upon the property needs to insure that it is properly and effectively screened by either landscaping or solid fencing from the residential properties to the east, and provides adequate parking. All the residents that called noted that they have alley access to their garages behind their properties, and at times, delivery trucks going to Red's CB used the alley, sometimes creating ruts in the alley, as well as noting that the alley is very narrow, and a tight 90 degree turn in the alley makes it difficult for some trucks to maneuver through. Staff is looking at the possibility of restricting truck access to the site from either the entrance off of Joder Drive, or from the alley that accesses the cul-de-sac from the end of Black Hawk Road to alleviate any wear and tear upon the alley and ease concerns of the surrounding neighbors. However, the effectiveness and enforceability of such a restriction on truck access has been questioned. Alternatively, staff would suggest to vacate the portion of alley that abuts the rear portion of their property and close off the end of the alley with a fence so that delivery trucks will be required to access the site from either Joder Avenue or Black Hawk Road, which would create a dead-end alley. Staff has discussed the possibility of vacating the alley with the Street Department, and they noted that they do not have an issue with doing so, as maintenance of the alley is only done on a call by call basis, and a front loader could be used to maintain the alley instead of a road grader, which would not require a turn-around at the end of the alley. If the alley is vacated, it may want to be discussed with the State to see if they would possibly sell some of their property they own directly to the south of the main building to the property owner. The commercial development at 245 Fletcher Avenue serves as a buffer between commercial uses at the northwest corner of University and Fletcher Avenues and the residential uses to the east, and staff believes that if the primary function of the site is a low intensity neighborhood friendly commercial use that adheres to the suggested conditions by staff, a new commercial use at this location would not be detrimental to the surrounding neighborhood. STAFF ANALYSIS — SUBDIVISION There is no platting required for this request. ORDINANCE: STAFF Therefore, staff recommends that the request to rezone from "R- RECOMMENDATION: 2,C-Z" Conditional Zoning District and "C-2,C-Z" Conditional Zoning District to "C-1,C-Z" Conditional Zoning District be approved for the following reasons: 1. The proposed rezone area is in conformance with the Comprehensive Plan and Future Land Use Map, which designates this area as Mixed Residential, which allows for Low, Medium to High Density Residential; Professional Offices and Neighborhood Commercial. 2.1.11 Rezone R2CZ and C2CZ to C1CZ Page 4 of 5 February 1,2011 2. The site in question would appear to provide sufficient space to meet all required regulations including setbacks, drainage, landscaping, screening, etc. 3. The proposed rezone area is already served by all necessary utilities. 4. The proposed rezone would allow the property owner to market the building for multiple uses, and thus filling a currently vacant commercial building. And subject to the following condition(s): 1. That uses permitted in the "C-1" Commercial District are allowed upon the site, and that uses permitted in the "C-2" Commercial District are allowed upon the site, except the following: a) That no adult uses as defined by the City of Waterloo Zoning Ordinance are permitted upon the site. b) That the sale of beer, wine, liquor or other alcoholic beverages upon the site are not allowed. c) That the sale or repair of automobiles, trailers and farm implement equipment upon the site is not allowed. 2. That if a car wash or gas station locates upon the site, there are no automatic dryers, and all lighting for any use shall be diverted away from the surrounding residential uses. 3. That proper screening of either landscaping plantings that make an effective visual barrier, or a solid fence of at least 6' in height be installed along the abutting residential properties to the east. 4. That the alley located between Joder Avenue and Black Hawk Road be restricted to prohibit its use by large trucks to and from the site by means of posting a "No Trucks" sign at the 2 entrance points of the alley. 2.1.11 Rezone R2CZ and C2CZ to Cl CZ Page 5 of 5 Rezone request from "R-2,C-Z" Conditional Zoning District and , ; "C-2, C-Z" Conditional Zoning District to "C-1 ,C-Z" Conditional __ a: u Zoning E,� 4 District at 245 Fletcher Avenue 3 ` Ar At t Janney Avenue { t pIQ s dL/ " L I 1-11.1,_14-, , il 1 01 le C 2 R-2,C=Z 4 - as . ilidlik ,.:,__,... ` C2,CZ Area requested to be rezonedif 401k ., University Avenue C _= A." uv it. r3 ' .. , • - Legend Hope=Park B Area to be Rezoned _,� 00 50 0 100 t 1 (Peet 1, CITY OF WATERLOO PLANNING,PROGRAMMING, AND ZONING COMMISSION WATERLOO, IOWA 319.291.4366 1.APPLICATION INFORMATION: a. Applicant's name(please print): / ;; r; 1i Address::,1 s`/rA' ( i c, /, y % ;1 Phone: Fax: City: /:, , / r'1 %C t State: "/ Zip: / /// b. Status of applicant:(a)Owner j' (b)Other (CHECK ONE):If other explain: c. Property owner's name if different than above(please print): ; Address: Phone: (2 9-3-1i x: City: State: Zip: 2.PROPERTY INFORMATION: a. General location of property to be rezoned: 7: 5 1` `, i . /L b. Legal description of property to be rezoned: '' „ ;;: .f/ ic,A ,' 131 3-1 f r / [1 j/ 1 et mail /l/Rt e- L / JIB; 2-f n // ,_31 (II Pi'1''ileff� t �=Lv' a/ley )tif'//i3 ,4 4;!, Li s i4i/i�jc-l//////, so dellif6 c. Dimensions of Proposed Zoning Boundary(Excluding Right of Way): d. Area of Proposed Zoning Boundary(Excluding Right of Way): e. Current zoning: -D Requested ping: C - j G 2 f. Reasons)for rezoning and proposed use(s)of property: /r c/ v'E', I f k`�` - "C t tc'ro/ b e mar rfri k 6/e - g. Conditions(if any)agreed to: h. Other pertinent information(use reverse side if necessary): Please Note: if applicant is not the owner of the property,the signature of the owner must be secured. If it is the intent to subdivide (split) any land, vacant or improved in conjunction with this request it must go through a platting process(separate from rezone request). The filing fee of$200+$10 per acre($750 max)(payable to the City of Waterloo)is required(round amount down to nearest$10 increment). This fee is non-refundable. Under no condition shall said sum or any part thereof be refunded for failure of said amendment to be enacted into law. Any major change in any of the information given will require that the request go back through the process,with a new filing fee. If the request is denied no new petition covering the same or portion of the same property shall be filed with or considered by the Planning,Programming,and Zoning Commission until four(4)months have elapsed from the date of denial by the Waterloo City Council.The undersigned certify under oath and under the penalties of perjury that all information on this request and submitted along with it is true and correct. Ali information submitted will be used by the Waterloo Planning, Programming, and Zoning Commission and the Waterloo City Council in making their decision. The undersigned authorize City Zoning Officials to enter the property in question in regards to the request. Pew /-/..?-a1P11 Ali-,��%1 /lam __ J // Signature of Applicant Date Signature of Owner Date 19 Rezone "R-2,C-Z" and "C-2,C-Z" to "C-1,C-Z"—245 Fletcher Avenue _ Looking east across Fletcher Avenue at Looking north from 245 Fletcher at the 245 Fletcher Avenue. existing residential development along the north side of Joder Avenue. Looking at the 2,592 SF building that is Looking west across Fletcher Avenue from located to the south and east of the main the site in question at existing commercial building at 245 Fletcher. development at the northwest corner of Fletcher and University Avenues. 20 Rezone "R-2,C-Z" and "C-2,C-Z" to "C-1,C-Z" —245 Fletcher Avenue • 7 Air _Asovm_ Alley Looking southwest from the site in Looking at the 2 other storage buildings question at existing residential located directly behind the main building at development at the southwest corner of 245 Fletcher Avenue. Fletcher and University Avenues. is 245 Fletcher WE— t - No screening installed as required. Looking west from the dead-end of Black Looking at the north sides of the buildings Hawk Road at the rear portion of the 2,592 that front towards Joder Avenue. SF storage building. It appears that screening was never installed when the building was constructed in 1999. 21 RESTRICTIVE COVENANT WHEREAS Iowa Code Section 414.5 provides for zoning with conditions provided the conditions are agreed to in writing by the property owner prior to adjournment of the hearing by the City Council, AND WHEREAS,the owners of property in the City of Waterloo currently zoned"C-2,C-Z"Conditional Zoning District and"R-2,C-Z"Conditional Zoning District and requested to be zoned"C-I,C-Z"Conditional Zoning District,commonly known as 245 Fletcher Avenue,at the northeast corner of Fletcher and University Avenues,and legally described as: Lots 12,13,14,15,16,20 and 21 in Block 34,in Hagerman Place in the City of Waterloo,Black Hawk County,Iowa,and that portion of East,West alley in Block 34,in Hagerman Place,adjoining Lots 14,15 and 16 in Block 34 of said addition, and HEREBY agree to the following conditions on the above-described property: 1. That uses permitted in the"C-1"Commercial District are allowed upon the site,and that uses permitted in the"C-2"Commercial District are allowed upon the site,except the following: a) That no adult uses as defined by the City of Waterloo Zoning Ordinance are permitted upon the site. b) That the sale of beer,wine,liquor or other alcoholic beverages upon the site are not allowed. c) That the sale or repair of automobiles,trailers and farm implement equipment upon the site is not allowed. 2. That if a car wash or gas station locates upon the site,there are no automatic dryers,and all lighting for any use shall be diverted away from the surrounding residential uses. 3. That proper screening of either landscaping plantings that make an effective visual barrier,or a solid fence of at least 6'in height is installed along the abutting residential properties to the east. 4. That the alley located between Joder Avenue and Black Hawk Road be restricted to prohibit its use by large trucks to and from the site by means of posting a"No Trucks"sign at the 2 entrance points of the alley. NOW THEREFORE,it is agreed by the owners that any proposed change in the use or conditions of the property other than as detailed in this agreement shall first be submitted to the Planning and Zoning Commission,for its recommendation to the City Council who will review and approve the proposed change to the above-described property. These conditions have been placed on the above-described property for the purpose of complying with the regulations and policies of the City of Waterloo. As a result of said covenant,I(we)herein declare that the following restrictive covenants shall govern the entire property as described above,which restrictions shall run with the land and be binding on the successors,heirs and assigns,and herein agree: 1)that this restrictive covenant shall not prohibit the division or subdivision of said property in compliance with the City of Waterloo Zoning Ordinance No.2479 and the City of Waterloo Subdivision Ordinance No.2997,however each subdivided part thereof shall be subject to the terms of this restrictive covenant,and 2)that none of these restrictive covenants shall be rescinded or altered without the approval of the City Council of the City of Waterloo as outlined above. Agreed to this day of ,2011. Lavern N.Droste Owner/Rezone Applicant Page 1 of 2 On this day of ,2011,before me,the undersigned,a Notary Public in and for the State of Iowa,personally appeared Lavern N.Droste to me known to be the identical person named herein and who executed the foregoing instrument and acknowledged that he executed the same as his voluntary act and deed. SEAL Notary Public in and for the State of Iowa Original Recorded Form to be returned to: Waterloo Planning and Zoning Department 715 Mulberry St,Waterloo IA 50703 Page 2 of 2 Rezone Legal Description—245 Fletcher Avenue Lots 12, 13, 14,15, 16,20 and 21 in Block 34,in Hagerman Place in the City of Waterloo,Black Hawk County,Iowa,and that portion of East,West alley in Block 34,in Hagerman Place,adjoining Lots 14, 15 and 16 in Block 34 of said addition RESTRICTIVE COVENANT WHEREAS Iowa Code Section 414.5 provides for zoning with conditions provided the conditions are agreed to in writing by the property owner prior to adjournment of the hearing by the City Council, AND WHEREAS,the owners of property in the City of Waterloo currently zoned"C-2,C-Z"Conditional Zoning District and"R-2,C-Z"Conditional Zoning District and requested to be zoned"C-1,C-Z"Conditional Zoning District,commonly known as 245 Fletcher Avenue,at the northeast corner of Fletcher and University Avenues,and legally described as: Lots 12,13,14,15,16,20 and 21 in Block 34,in Hagerman Place in the City of Waterloo,Black Hawk County,Iowa,and that portion of East,West alley in Block 34,in Hagerman Place,adjoining Lots 14,15 and 16 in Block 34 of said addition, and HEREBY agree to the following conditions on the above-described property: 1. That uses permitted in the"C-1"Commercial District are allowed upon the site,and that uses permitted in the"C-2"Commercial District are allowed upon the site,except the following: a) That no adult uses as defined by the City of Waterloo Zoning Ordinance are permitted upon the site. b) That the sale of beer,wine,liquor or other alcoholic beverages upon the site are not allowed. c) That the sale or repair of automobiles,trailers and farm implement equipment upon the site is not allowed. 2. That if a car wash or gas station locates upon the site,there are no automatic dryers,and all lighting for any use shall be diverted away from the surrounding residential uses. 3. That proper screening of either landscaping plantings that make an effective visual barrier,or a solid fence of at least 6'in height is installed along the abutting residential properties to the east. 4. That the alley located between Joder Avenue and Black Hawk Road be restricted to prohibit its use by large trucks to and from the site by means of posting a"No Trucks"sign at the 2 entrance points of the alley. NOW THEREFORE,it is agreed by the owners that any proposed change in the use or conditions of the property other than as detailed in this agreement shall first be submitted to the Planning and Zoning Commission,for its recommendation to the City Council who will review and approve the proposed change to the above-described property. These conditions have been placed on the above-described property for the purpose of complying with the regulations and policies of the City of Waterloo. As a result of said covenant,I(we)herein declare that the following restrictive covenants shall govern the entire property as described above,which restrictions shall run with the land and be binding on the successors,heirs and assigns,and herein agree:1)that this restrictive covenant shall not prohibit the division or subdivision of said property in compliance with the City of Waterloo Zoning Ordinance No.2479 and the City of Waterloo Subdivision Ordinance No.2997,however each subdivided part thereof shall be subject to the terms of this restrictive covenant,and 2)that none of these restrictive covenants shall be rescinded or altered without the approval of the City Council of the City of Waterloo as outlined above. p y� Agreed to this / day of 77 2011. Lavern .Dr ,- P /41 Owner/Rezone Applicant Page 1 of 2 On this 9 day of /'CeNT// ,2011 fore me,the undersigned,a Notary Public in and for the State of Iowa,personally appeared o me known to be the identical person named herein and who executed the foregoing instrument and acknowledged that he executed the same as his voluntary act and deed. SEAL J/* . Note Public in and for.the .te of Iowa Original Recorded Form to be returned to: ) +: rl Waterloo Planning and Zoning Department 715 Mulberry St,Waterloo IA 50703 H U 1. 1t]11R t .: � n Page 2 of 2 Notary Search::Notary Details Page 1 of 1 Site Map I Contact Us Matt Schultz Business Services Home-*Search Databases .a Notary-4 Results-.Details Search Databases Search Databases Online Filing Iowa Corporations UCC Certified Federal Tax Liens Notary Voter/Elections 28E Agreement UCC Alternative Financial Disclosure Notaries Nonprofits Notary Details -------Youth/Civic Events- - - -- --- Commission Number: 149969 Press/Media Home Publications Name TED WINNINGER About the Office ;Address 1 550 SHERIDAN RD Useful Links !Address 2 Contact Us ;City,State Zip WATERLOO, Iowa 50701 :Phone ; (319)232-6060 E-Mail---_-_----- • Business 'Name TED WINNINGER REALTORS f _dre ' 3116 KIMBALL AVE Adss 1 !Address2 ---j ;City,State Zip WATERLOO, Iowa 50702 'Phone � _i (319)234-4402 E-Mail Additional - Notary Information Long Commission; 1/13/1989 :Issue Date _' 1/13/2010 Expiration Date 11/13/2013 Type Resident `Languages History - Notary History Home I State of Iowa I Site Map I Contact Us http://www.sos.state.ia.us/search/notary/NotarySearch Detail.aspx?n=WPnkYFeh2YCZ80... 3/11/2011 RESOLUTION NO. 2011-181 RESOLUTION FIXING THE TIME AND PLACE OF HEARING TO BE GIVEN ON APPLICATION OF LAVERN DROSTE TO REZONE FROM "R-2, C-Z" CONDITIONAL ZONING DISTRICT AND "C-2,C-Z" CONDITIONAL ZONING DISTRICT TO "C-1, C-Z" CONDITIONAL ZONING DISTRICT APPROXIMATELY 0 . 845 ACRES GENERALLY LOCATED AT 245 FLETCHER AVENUE, AS MARCH 28, 2011, AT 5 : 30 P.M. IN THE COUNCIL CHAMBERS IN CITY HALL AND INSTRUCTING CITY CLERK TO PUBLISH NOTICE OF HEARING. WHEREAS, the Council of the City of Waterloo, Iowa, shall meet in the Council Chambers in the City Hall in the City of Waterloo, Iowa, at 5 : 30 p.m. on the 28th day of March, 2011, for the purpose of acting upon an application of Lavern Droste to rezone from "R-2, C-Z" Conditional Zoning District and "C-2, C-Z" Conditional Zoning District to "C-1, C-Z" Conditional Zoning District approximately 0. 845 acres generally located at 245 Fletcher Avenue, and legally described as follows : Lots 12, 13, 14, 15, 16, 20 and 21 in Block 34, in Hagerman Place in the City of Waterloo, Black Hawk County, Iowa, and that portion of East, West alley in Block 34, in Hagerman Place, adjoining Lots 14, 15 and 16 in Block 34 of said addition, all in the City of Waterloo, Black Hawk County, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the City Clerk is hereby directed to publish Notice of the time and place of said hearing in the Waterloo Courier. PASSED AND ADOPTED this 14th day of March, 2011 . 1(k.e,citc4- Quentin Hart, Mayor Pro Tem ATTEST: Suzy Schal s, CMC City Clerk JeAoIdw3 uoiloy angeunuy/RT!unpodd0 ienb3 uy (o o 1 e a i e N`, iflOA 2I03 ONINHOM— 32L3M sn•erool.Ia2eM•1.MMM :3 LISaaM A.LID sl;o!us?p aauap?SOJ pauuntd a o;punt alp&u?uozoj •spoogaogppau pansggnisa pug 2u?;s?xa,ipraate Mau salts IIT3ut asatp uodn sm000;uauzdotanap otgn;ms pus atgprdutoo;nip amsua 0;s;ot.us?Q pauurtd sr st a;?s s?q;Jo Sutuozoi pasodoid aq j •sasn punt luao21pn o;,Cj?pgr1ndtuoo amsua 0; `Jtas;?a?sap pue;n0,fet a;?s ut uo3fet oq 0;area pue soots?nozd moods io3 saptnozd `Ma?naa uBlsap Jo Stanat Joigar2 oopa;nM Jo ki?0 atp Sant$ ostr uo?;rut?sap„d-u„ aq1, •eazg 5urpuno.uns atp uodn I ndult a/?103u r 2u?nrg mop;?;uanaid tpm;uauidotanap amug uo suop?puoo aadotd Bu?oetd pug Lions sr punt atp 2uiuozoi sanagaq"e;s •;?uo;orduu ant;e2au,Con anng 1011 `poogiogg2tau ulpuno.rms atp g?Idn 0;spaau;uauldotanap Aug sanagaq"ir;s •poogzogq Iou 2utpunouns atp 01 Ir?ogauaq s?;uatudotanap ag;amsua of;urylodtu?AI4p?g 96an7-7d oq!pm sauroq Jo atits pun `iil?Suap `uope;uaUO `;noAet `u$?sap atp `asea 1atp?a ut L LII�HOS •;uaurdotanap atuog UIM;3o Ir?;ua;od atp tp?M 'pop! aq pInOM sauzoq,it?urea-a0u?s HAILS •;uatudotanap &utsnog pit?um 0M;pun auo.10j raze ag;dotanapal 0; dial!II?M a6.,o7-11, 10u;S?Q aouarlsou pauurld nd-2I`1-2L, ag;sana?tagitr;s •a;?s atp;e;uatudolanap 000MN3311s �I? 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IN THE COUNCIL CHAMBERS IN CITY HALL AND INSTRUCTING CITY CLERK TO PUBLISH NOTICE OF HEARING. WHEREAS, the Council of the City of Waterloo, Iowa, shall meet in the Council Chambers in the City Hall in the City of Waterloo, Iowa, at 5 : 30 p.m. on the 28th day of March, 2011, for the purpose of acting upon an application of the City of Waterloo to rezone from "R-2" One and Two Family Residence District and "R-2, C-Z" Conditional Zoning District to "R-1, R-P" Planned Residence District approximately 7 . 73 acres generally located at the former Greenbrier School site at 1554 Oakwood Drive at the northwest corner of Oakwood Drive and Cedar Bend Street, and legally described as follows : Lots 1 and 2 in Greenbrier Third Addition, all in the City of Waterloo, Black Hawk County, Iowa; and Tract F in Greenbrier Fourth Addition, all in the City of Waterloo, Black Hawk County, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the City Clerk is hereby directed to publish Notice of the time and place of said hearing in the Waterloo Courier. PASSED AND ADOPTED this 14th day of March, 2011 . nIAJ)JY15t2;- kl-021 Quentin Hart, Mayor Pro Tem ATTEST: zy Schar s, CMC City Clerk CITY OF WATERLOO , IOWA mot; �.\�.r:._ COMMUNITY PLANNING AND DEVELOPMENT 4 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319)291-4366 Fax(319)291-4262 drOr100 "O NOEL C.ANDERSON,Community Planning&Development Director 6)5 Council Communication Mayor City Council Meeting: M. • 4 2t ► ' 4 '�i �' BUCKK Prepared: March 9, 2011CLAR � ag�� Dept. Head Signatui --- # of Attachments: r COUNCIL MEMBERS SUBJECT: Request by the City of Waterloo to rezone approximately 2.2 acres DAVID from"R-2" One and Two Family Residence District to "R-1,R-P"Planned JONES Residence District, located at the former Van Eaton School site at 2170 Burton Ward 1 Avenue, approximately 1/8 of a mile north of the intersection of Burton Avenue CAROLYN and West Donald Street, and set a date of hearing as March 28, 2011. COLE Ward 2 Submitted by: Noel Anderson, Community Planning &Development Director HAROLD GETTY Recommended City Council Action: Approval, with conditions as recommended Ward 3 by the Planning, Programming and Zoning Commission. QUENTIN Summary Statement: Transmitted herewith is a request to rezone approximately HART Ward 4 2.2 acres from"R-2" One and Two Family Residence District to "R-1,R-P" Planned Residence District, located at the former Van Eaton School site at 2170 RON Burton Avenue. The City is requesting to rezone the property at 2170 Burton WEEPER Avenue to allow for future one and two family development at the site. Staff Ward 5 believes the "R-1,R-P" Planned Residence District will help to redevelop the area BOB for one and two family housing development. Single-family homes would be GREENWOOD ideal, with the potential of twin home development. In either case,the design, At-Large layout, orientation, density, and style of homes will be highly important to ensure STEVE the development is beneficial to the surrounding neighborhood. Staff believes any SCHMITT development needs to uplift the surrounding neighborhood, not have any negative At-Large impact on it. Staff believes rezoning the land as such and placing proper conditions on future development will prevent it from having a negative impact upon the surrounding area. The "R-P" designation also gives the City of Waterloo greater levels of design review, provides for special provisions and care to be taken in site layout and design itself, to ensure compatibility to adjacent land uses. The proposed rezoning of this site is as Planned Districts to ensure that compatible and suitable development occurs upon these infill sites near already existing and established neighborhoods. Rezoning the land to a Planned Residence district is meant to make certain that: 1. The City of Waterloo has a greater level of review for these sites to ensure CITY WEBSITE: wwwci.waterloo.ia.us WE'RE WORKING FOR YOU! 11) An Equal Opportunity/Affirmative Action Employer 1 the infill sites are properly redeveloped to have a positive impact on the surrounding neighborhoods. 2. That the surrounding neighbors have a greater level of public input for the redevelopment of these sites. Many of these residents have lived and invested in these areas for a long period of time, and it is in their interest that the transition from school sites to other residential sites is done in a way that is beneficial to their homes. It is proposed that prior to the approval of any specific development plan, conditions on the approval will be required, including limiting the type of development to single-family homes and possibly twin homes if appropriate, restricting the minimum lot size and lot width to be compatible with the neighborhood, and restricting designs, such as requirements for attached garages, number of stories, and minimum finished areas. The Future Land Use Map designates this area as Low Density Residential, which would allow for the redevelopment of the site for single-family, and possibly two family residences. The rezone area is located within the Primary Growth Area. At their March 1,2011 Planning, Programming and Zoning Commission meeting, the Planning and Zoning Commission unanimously recommended approval of the rezone request, subject to the following condition(s): 1. That the development be restricted to single-family dwellings, with the potential for two-family dwellings. 2. That the development will be highly scrutinized to provide a higher level of design and livability by the City of Waterloo in the following,but not limited to, categories: a. Design of homes for curb appeal,number of stories, setbacks, etc. b. Orientation, size,house density-to-lot ratio, and layout of lots. c. Amenities of homes such as garages, fencing, finished areas, green space, etc. d. Relationship and positive impact on existing and surrounding development. Please find attached a staff report, aerial photo,and legal description, detailing the area in question. Therefore, we request the City Council set a date of public hearing on the rezoning request as March 28, 2011, and publish an official notice pertinent to the requested rezoning. 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 Alternative: N/A Background Information: Legal Description: A replat of the West '/z of Cushman Heights, Lot 2, Block 2, all in the City of Waterloo, Black Hawk County, Iowa NA:to cc: Aric Schroeder, City Planner Eric Thorson, City Engineer --file-- March 1,2011 REQUEST: REQUEST BY THE CITY OF WATERLOO TO REZONE 2.2 ACRES AT THE FORMER VAN EATON SCHOOL SITE, LOCATED AT 2170 BURTON AVENUE, FROM "R-2" ONE AND TWO FAMILY RESIDENCE DISTRICT TO "R-1,R-P" PLANNED RESIDENCE DISTRICT. APPLICANT: City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703 GENERAL The applicant is requesting to rezone the property at 2170 Burton DESCRIPTION: Avenue from "R-2" to "R-1,R-P" to allow for future one and two family development at the site. Currently, the site is zoned as "R-2", which allows for one and two family development, however with higher density levels. There is no proposed project at this time to redevelop the site. The City of Waterloo currently owns the property. IMPACT ON Staff believes the "R-1,R-P" Planed Residence District will help to NEIGHBORHOOD & redevelop the area for one and two family housing development. SURROUNDING Single-family homes would be ideal, with the potential of twin home LAND USE: development. In either case, the design, layout, orientation, density, and style of homes will be highly important to make certain that any new development is beneficial to the surrounding neighborhood. Staff believes any development needs to uplift the surrounding neighborhood, not have any negative effect on it. Staff believes rezoning the land as such and placing proper conditions on future development will prevent it from having a negative impact upon the surrounding area. VEHICULAR & The site is located along the east side of Burton Avenue, PEDESTRIAN approximately 1/8 of a mile north of West Donald Street. Both TRAFFIC Burton and West Donald are classified as Minor Arterials. It would CONDITIONS: appear that the development of the land in question as one and two family residences would not have a negative impact upon vehicular and pedestrian traffic in the area. There are no public sidewalks located along any of the nearby streets. RELATIONSHIP TO The Donald Street Recreational Trail is located approximately a 1/8 RECREATIONAL of a mile to the south at the intersection of Burton Avenue and West TRAIL PLAN: Donald Street. The trail continues to the south and westward from the intersection, and connects with the existing trail network in George Wyth State Park. The trail going eastward from this intersection connects into the Allen Hospital and Logan Plaza area. ZONING HISTORY The building located at 2170 Burton Avenue is zoned "R-2" One and FOR SITE AND Two Family Residence District, and has been zoned as such since IMMEDIATE VICINITY: the adoption of the Zoning Ordinance on February 3, 1969. Surrounding land uses and their zoning are as follows: North — Low Density residential development, zoned "R-2" One and Two Family Residence District. South Ray Tiller Park, zoned "R-2" One and Two Family Residence District. East— Low Density residential development, zoned "R-2" One and 3.1.11 Rezone R2&R2CZ—Van Eaton School Page 1 of 4 75 March 1,2011 Two Family Residence District. West Low Density residential development in the Cloverdale Neighborhood area, zoned "R-2" One and Two Family Residence District. DEVELOPMENT The surrounding area consists predominantly low density residential HISTORY: uses in the adjacent, nearby areas, with development occurring from the 1930s to the 1980s. BUFFERS/ SCREENING Rezoning of the land in question would not require any additional REQUIRED: buffering or screening. DRAINAGE: Rezoning of the land would not have a negative impact upon the surrounding area. FLOODPLAIN: The area in question is not located within a Special Flood Hazard area as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 190025 and Panel Number 0004, dated July 3, 1985. PUBLIC /OPEN The former Van Eaton School, which was constructed in the 1960s, SPACES/ SCHOOLS: was used by the Waterloo Community School District as an elementary school. The school has not served as an elementary school for quite some time, and currently is vacant, with demolition of the building set to occur in the very near future. Lincoln Elementary School is located approximately a 1 mile to the south and west at the intersection of Cedar Bend Street and Walker Street. Ray Tiller Park is directly to the south, and Cloverdale Park is located 4 blocks to the west. UTILITIES: WATER, SANITARY SEWER, There is an 8" sanitary sewer is located within Burton Avenue to the STORM SEWER, ETC. west. There is no storm sewer located within the immediate area The surrounding area is also served by other utilities such as water, telephone, gas, cable, etc. RELATIONSHIP TO The Future Land Use Map designates this area as Parks, Open COMPREHENSIVE Spaces, Schools, Airport, Government Facilities, and Public Areas. LAND USE PLAN: It may be necessary to amend the Future Land Use Map in the future to reflect the site as Low Density Residential. The rezone area is located within the Primary Growth Area. STAFF ANALYSIS — The proposed rezone consists of approximately 2.2 acres located ZONING at the former Van Eaton School site, north of the intersection of ORDINANCE: West Donald Street and Burton Avenue. Currently, the City of Waterloo is taking proactive steps on several infill development sites within the community. Utilizing infill development sites within developed portions of the City where existing infrastructure is readily available is a Smart Growth Practice, and the installation and extension of utilities to serve any new development would be minimal, saving on future maintenance costs for the City. The proposed rezoning for all of these sites are as Planned Districts to ensure that compatible and suitable development occurs upon 3.1.11 Rezone R2&R2CZ—Van Eaton School Page 2 of 4 76 March 1,2011 these infill sites near already existing and established neighborhoods. Rezoning the land to a Planned Residence district is meant to make certain that: 1. The City of Waterloo has a greater level of review for these sites to ensure the infill sites are properly redeveloped to have a positive impact on the surrounding neighborhoods. 2. That the surrounding neighbors have a greater level of public input for the redevelopment of these sites. Many of these residents have lived and invested in these areas for a long period of time, and it is in their interest that the transition from school sites to other residential sites is done in a way that is beneficial to their homes. All of the sites are primarily located within the developed portion of the City of Waterloo, the Primary Growth Area as designated by the City of Waterloo Comprehensive Plan. This particular location at Van Eaton School is located on the fringe of the developed portion of the City, however, all necessary utilities to serve the site are located within the area. Also, this particular site is located within the CURA and Enterprise Zone incentive districts, so the City of Waterloo has taken prior steps to help in their redevelopment. These designations also indicate a need for proper redevelopment so as to not upset the delicate nature of some neighborhoods, and ensure they continue to move forward in a positive manner. It is staffs goal that any redevelopment of these areas represent the best possible infill homes to each area. Staff would like to see new construction with compatible or better designs, compatible or bigger yards, more home amenities, and compatible or bigger houses. These sites need to uplift the neighborhoods, and make surrounding neighbors encouraged with their redevelopment, and secure that it is helping their property values and future investments in their own homes. The City of Waterloo Leisure Services Department has reviewed all of the sites to recommend they are eligible for redevelopment. This is due to other park areas and open spaces being in close proximity. The "R-1-R-P" designation suggests a lower level of density, as the underlying "R-1" designation is the lowest density level in the City of Waterloo, with lots at least 9,000 SF in area, widths of at least 75', and greater setbacks for buildings. The "R-P" designation also gives the City of Waterloo greater levels of design review, provides for special provisions and care to be taken in site layout and design itself, to ensure compatibility to adjacent land uses, including screening, landscaping, building design, etc. It also provides for greater levels of public input, as any development would be required to be reviewed by the Planning, Programming and Zoning Commission and subsequently the City Council after recommendation in lieu thereof. It is for the explicit reasons of making this a high quality development that this is 3.1.11 Rezone R2&R2CZ—Van Eaton School Page 3 of 4 77 March 1,2011 proposed to being rezoned. It is proposed that prior to the approval of any specific development plan, conditions on the approval will be required, including limiting the type of development to single-family homes and possibly twin homes if appropriate, restricting the minimum lot size and lot width to be compatible with the neighborhood, and restricting designs, such as requirements for attached garages, number of stories, and minimum finished areas. STAFF ANALYSIS — SUBDIVISION There is no platting required for this request, but platting may be ORDINANCE: required when the area is developed. STAFF Therefore, staff recommends that the request to rezone from "R-2" RECOMMENDATION: One and Two Family Residence District to "R-1,R-P" Planned Residence District be approved for the following reasons: 1. The request is in conformance with the Comprehensive Plan for this area through its differing district requests and the areas designated on the Future Land Use Map, as well as planned development in a Primary Growth Area. 2. The site in question would appear to provide sufficient space to meet all required regulations including setbacks, drainage, landscaping, screening, etc. 3. The proposed rezone area is already served by all necessary utilities. 4. The areas requested are all planned districts, to allow for the orderly development of land and to ensure to the citizenry and City of Waterloo that development will occur as planned and approved, as well as providing for compatibly deigned development near neighboring development and districts. 5. The request contains all the necessary information as required by the City of Waterloo Zoning Ordinance. And subject to the following condition(s): 1. That the development will be highly scrutinized to provide a higher level of design and livability by the City of Waterloo in the following, but not limited to, categories: a) Design of homes for curb appeal, number of stories, setbacks, etc. b) Orientation, size, house density-to-lot ratio, and layout of lots. c) Amenities of homes such as garages, fencing, finished areas, green space, etc. d) Relationship and positive impact on existing and surrounding development. 3.1.11 Rezone R2&R2CZ—Van Eaton School Page 4 of 4 78 • ,._ _ '1.--- ram. . - s Request to rezone approximately 2.2 acres from "R-2" One and Two Family Reisdence District to =rt "R-1 ,R-P" Planned Residence District -tom : s , „. „.,.4,,....., ___ . .„ ,.. . ..., ,_,... .. __ .., .. , ,_. _ ,..;,___.„. . ,._=....„......„..„...., . . . ..4 Former Van Eaton School 2170 Burton Avenue '` it 1 3 e. gOpt 4,24-7:,-;._ i.f y- -'':----- ---7-sr',:_ ----,-,. . .''. _t- t:---./ ,.// ,,. . T_'- -it-,-,_,E-,- -' - ,t- • ,, - / _ f E `j' F j - .. F 1 .5 ELl €_ / A emu' YY i i _� - : L, ' -- Fairchild Street s, .- -4 _ t` Area in Question ��, 6 r i �Q; i �:. .ate -- k. @i % vim 1 t i y �'F i\• _ - j r imir _ E 150 ➢5 a ur •-- -- West.DOnald '•'s -__ FP' - -F t F PL _, Plat Map — Former Van Eaton Site Rezone Jot.81 8"Sanitary Sewer C SHMAN Z Site in Question O CDn n Y f Nb� 80 APPLICATION FOR REZONING CITY OF WA 1'hRLOO PLANNING, PROGRAMMING, AND ZONING COMMISSION WATERLOO, IOWA 319.291.4366 1.APPLICATION INFORMATION: a. Applicant's name(pleaseprint):j,iiy _‘-'f. �� z) Address: 1/rj /y/,' z. ..Si Phone: .754-4/.3hb Fax: City: l,(A1?ei ,State: /% Zip: .,max"7€3 b. Status of applicant:(a)Owner 4/(b)Other (CHECK ONE):If other explain: c. Property owner's name if different than above(please print): Address: Phone: Fax: City: State: Zip: 2.PROPERTY INFORMATION: a. General location of property to be rezoned:- ' 'lt,.—::. '#it t ,,- (e `''k -" `;"� b. Leg 1 description of property to be rezoned: i< ' ., 4 ? --<` 'tP" z e""--):,-- i2 -""re" (,lf 5•r)14,Ak, '1 ?- j -,- '-4',-.4_ e c. Dimensions of Proposed Zoning Boundary(Excluding Right of Way): ^- - 3" c: .. u d. Area of Proposed Zoning Boundary(Excluding Right of Way): Yr; e. Current zoning: .R;Z Requested zoning: j.- I; l? V f. Reason(s)for rezoning and proposed use(s)of property: M V,6"/„- 2 .�ii- As' /Nig •97112 Zee) / 117i,<:?6" it fir,7( /779‘.—_ g. Conditions(if any)agreed to: h. Other pertinent information(use reverse side if necessary): Please Note: If applicant is not the owner of the property,the signature of the owner must be secured. If it is the intent to subdivide (split) any land, vacant or improved in conjunction with this request it must go through a platting process(separate from rezone request). The filing fee of$200+$10 per acre($750 max)(payable to the City of Waterloo)is required(round amount down to nearest$10 increment). This fee is non-refundable. Under no condition shall said sum or any part thereof be refunded for failure of said amendment to be enacted into law. Any major change in any of the information given will require that the request go back through the process,with a new filing fee. If the request is denied no new petition covering the same or portion of the same property shall be filed with or considered by the Planning, Programming,and Zoning Commission until four(4)months have elapsed from the date of denial by the Waterloo City Council. The undersigned certify under oath and under the penalties of perjuurryyh information on this request and submitted along with it is true and correct. All information submitted will e(used by Waterloo Planning, Programming, and Zoning Commission and the Waterloo City Council in m g their deci i . The undersigned authorize City Zoning Officials to enter the property incsti in to the reque . a"/s// Signature of Applicant Date Signature of Owner Date 81 Rezone "R-2" to "R-1, R-P"—Former Van Eaton School Site � e }`- � r_: Looking northeast from Burton Avenue. Looking southeast Burton Avenue. 82 RESOLUTION NO. 2011-183 RESOLUTION FIXING THE TIME AND PLACE OF HEARING TO BE GIVEN ON APPLICATION OF THE CITY OF WATERLOO TO REZONE FROM "R-2" ONE AND TWO FAMILY RESIDENCE DISTRICT TO "R-1, R-P" PLANNED RESIDENCE DISTRICT APPROXIMATELY 2 . 2 ACRES GENERALLY LOCATED AT THE FORMER VAN EATON SCHOOL SITE AT 2170 BURTON AVENUE, APPROXIMATELY 1/8 OF A MILE NORTH OF THE INTERSECTION OF BURTON AVENUE AND WEST DONALD STREET AS MARCH 28, 2011, AT 5: 30 P.M. IN THE COUNCIL CHAMBERS IN CITY HALL AND INSTRUCTING CITY CLERK TO PUBLISH NOTICE OF HEARING. WHEREAS, the Council of the City of Waterloo, Iowa, shall meet in the Council Chambers in the City Hall in the City of Waterloo, Iowa, at 5 : 30 p.m. on the 28th day of March, 2011, for the purpose of acting upon an application of the City of Waterloo to rezone from "R-2" One and Two Family Residence District to "R- 1, R-P" Planned Residence District approximately 2 . 2 acres generally located at the former Van Eaton School site at 2170 Burton Avenue, approximately 1/8 of a mile north of the intersection of Burton Avenue and West Donald Street and legally described as follows : A replat of the West 1/2 of Cushman Heights, Lot 2, Block 2, all in the City of Waterloo, Black Hawk County, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the City Clerk is hereby directed to publish Notice of the time and place of said hearing in the Waterloo Courier. PASSED AND ADOPTED this 14th day of March, 2011. Quentin Hart, Mayor Pro Tem ATTEST: uzy Schare , CMC City Clerk A`,_-- jig CITY OF WATERLOO , IOWA ti�10 011 .:.j . COMMUNITY PLANNING AND DEVELOPMENT 0 Ohm 715 Mulberry Street • Waterloo,Iowa 50703-5783 • (319)291-4366 Fax(319)291-4262 rer�00 NOEL C.ANDERSON,Community Planning&Development Director Council Communication t Mayor City Council Meeting: March 1 BUCK Prepared: March 9, 2011 Q � 3/21 (t CLARK Dept. Head Signatu cr#of Attachments: COUNCIL MEMBERS SUBJECT: Request by the City of Waterloo to rezone approximately 2.2 acres DAVID from"R-2" One and Two Family Residence District to "R-1,R-P"Planned JONES Residence District, located at the former Lincoln Elementary School site at the Ward 1 southeast corner of Burton Avenue and West Parker Street, and set a date of CAROLYN hearing as March 28, 2011. COLE Ward 2 Submitted by: Noel Anderson, Community Planning & Development Director HAROLD GETTY Recommended City Council Action: Approval, with conditions as recommended Ward 3 by the Planning, Programming and Zoning Commission. QUENTIN Summary Statement: Transmitted herewith is a request to rezone approximately HART Ward 4 2.2 acres from"R-2" One and Two Family Residence District to "R-1,R-P" Planned Residence District, located at the former Lincoln Elementary School site RON at the southeast corner of Burton Avenue and West Parker Street. The City is WEEPER requesting to rezone this particular property to allow for future one and two family Ward 5 development at the site. Staff believes the "R-1,R-P" Planned Residence District BOB will help to redevelop the area for one and two family housing development. GREENWOOD Single-family homes would be ideal, with the potential of twin home development. At-Large In either case, the design, layout, orientation, density, and style of homes will be STEVE highly important to ensure the development is beneficial to the surrounding SCHMITT neighborhood. Staff believes any development needs to uplift the surrounding At-Large neighborhood, not have any negative impact on it. Staff believes rezoning the land as such and placing proper conditions on future development will prevent it from having a negative impact upon the surrounding area. The"R-P" designation also gives the City of Waterloo greater levels of design review,provides for special provisions and care to be taken in site layout and design itself,to ensure compatibility to adjacent land uses. The proposed rezoning of this site is as Planned Districts to ensure that compatible and suitable development occurs upon these infill sites near already existing and established neighborhoods. Rezoning the land to a Planned Residence district is meant to make certain that: CITY WEBSITE: www.ci.waterbo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer 1. The City of Waterloo has a greater level of review for these sites to ensure the infill sites are properly redeveloped to have a positive impact on the surrounding neighborhoods. 2. That the surrounding neighbors have a greater level of public input for the redevelopment of these sites. Many of these residents have lived and invested in these areas for a long period of time, and it is in their interest that the transition from school sites to other residential sites is done in a way that is beneficial to their homes. It is proposed that prior to the approval of any specific development plan, conditions on the approval will be required, including limiting the type of development to single-family homes and possibly twin homes if appropriate, restricting the minimum lot size and lot width to be compatible with the neighborhood, and restricting designs, such as requirements for attached garages, number of stories, and minimum finished areas. The Future Land Use Map designates this area as Low Density Residential,which would allow for the redevelopment of the site for single-family, and possibly two family residences. The rezone area is located within the Primary Growth Area. At their March 1,2011 Planning, Programming and Zoning Commission meeting,the Planning and Zoning Commission unanimously recommended approval of the rezone request, subject to the following condition(s): 1. That the development be restricted to single-family dwellings, with the potential for two-family dwellings. 2. That the development will be highly scrutinized to provide a higher level of design and livability by the City of Waterloo in the following, but not limited to, categories: a. Design of homes for curb appeal,number of stories, setbacks, etc. b. Orientation, size, house density-to-lot ratio, and layout of lots. c. Amenities of homes such as garages, fencing, finished areas, green space, etc. d. Relationship and positive impact on existing and surrounding development. Please find attached a staff report, aerial photo, and legal description,detailing the area in question. Therefore, we request the City Council set a date of public hearing on the rezoning request as March 28,2011, and publish an official notice pertinent to the requested rezoning. 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 Alternative: N/A Background Information: Legal Description: Lots 1 thru 10, inclusive, Lots 16 thru 20, inclusive, the alley from the East line of said Lot 4 and 17 West to Burton Avenue in Block 14 and the West 35 feet of that part of the alley running East and West through Block 14, which lies between said Lots 5 and 16, all in Block 14 in Second Addition to Grand View Place, City of Waterloo, Black Hawk County, Iowa NA:ta cc: Aric Schroeder, City Planner Eric Thorson, City Engineer --file-- March 1,2011 REQUEST: REQUEST BY THE CITY OF WATERLOO TO REZONE 2.2 ACRES AT THE FORMER LINCOLN ELEMENTARY SCHOOL SITE, LOCATED AT THE SOUTHWEST CORNER OF BURTON AVENUE AND WEST PARKER STREET FROM "R-2" ONE AND TWO FAMILY RESIDENCE DISTRICT AND "R-2,C-Z" CONDITIONAL ZONING DISTRICT TO "R-1 ,R-P" PLANNED RESIDENCE DISTRICT. APPLICANT: City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703 GENERAL The applicant is requesting to rezone the Lincoln School site from DESCRIPTION: "R-2" to "R-1,R-P" to allow for future one and two family development at the site. Currently, the site is zoned as "R-2", which allows for one and two family development, however with higher density levels. The City of Waterloo is looking to acquire this property from the schools, but there is no proposed project at this time to redevelop the site. IMPACT ON Staff believes the "R-1,R-P" Planed Residence District will help to NEIGHBORHOOD & redevelop the area for one and two family housing development. SURROUNDING Single-family homes would be ideal, with the potential of twin home LAND USE: development. In either case, the design, layout, orientation, density, and style of homes will be highly important to make certain that any new development is beneficial to the surrounding neighborhood. Staff believes any development needs to uplift the surrounding neighborhood, not have any negative effect on it. Staff believes rezoning the land as such and placing proper conditions on future development will prevent it from having a negative impact upon the surrounding area. VEHICULAR & The north side of the property fronts up to West Parker Street, which PEDESTRIAN is classified as a Local Street. The east and west ends of the TRAFFIC property front along Avon Avenue, which is classified as Local CONDITIONS: Street, and Burton Avenue, which is a Collector. It would not appear that the development of the land in question as one and two family residences would have a negative impact upon vehicular and pedestrian traffic in the area. There are public sidewalks located along all the streets in the nearby vicinity, making pedestrian access to the site very accessible. RELATIONSHIP TO The Donald Street Recreational Trail is located approximately a '/4 RECREATIONAL mile to the north at the intersection of Burton Avenue and Walker TRAIL PLAN: Street. ZONING HISTORY The site is currently zoned "R-2", One and Two Family Residence FOR SITE AND District, which allow for one and two family residences. The site in IMMEDIATE VICINITY: question has been zoned as such since the adoption of the Zoning Ordinance on February 3, 1969. Surrounding land uses and their zoning are as follows: North — Existing commercial development, zoned "C-1,C-Z" Conditional Zoning District and one and two family residences, zoned "R-2", One and Two Family Residence District. 3.1.11 Rezone R2&R2CZ—Lincoln School Page 1 of 4 83 March 1,2011 South — Existing one and two family residences along Newton Street, zoned "R-2" One and Two Family Residence District. East — Existing one and two family residences, zoned "R-2" One and Two Family Residence District.. West - Existing One and Two Family residences and a religious facility, zoned "R-2" One and Two Family Residence District. DEVELOPMENT The surrounding area consists predominantly residential uses, with HISTORY: some religious uses mixed in. The housing in the area was predominantly constructed from the 1920s to the 1950s. BUFFERS/ SCREENING Rezoning of the land in question would not require any additional REQUIRED: buffering or screening. DRAINAGE: Rezoning of the land would not have a negative impact upon the surrounding area. FLOODPLAIN: The area in question is located within any Special Flood Hazard area as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 190025 and Panel Number 0004, dated July 3, 1985. PUBLIC /OPEN The former Lincoln School, which was constructed in the early SPACES! SCHOOLS: 1900s. The school has since then been demolished. The new Lincoln Elementary School is located approximately a 1/2 mile to the northwest at the intersection of Cedar Bend Street and Walker Street. UTILITIES: WATER, SANITARY SEWER, 10" sanitary sewer is located within West Parker Street, Burton STORM SEWER, ETC. Avenue and Newton Street on the north, south and west sides of the site. An 18" storm sewer is located within West Parker Street, and a 30" storm sewer is located in Avon Avenue to the east. 4" drain tile located in Burton Avenue and Newton Street, south and east of the site. The surrounding area is also served by other utilities such as water, telephone, gas, cable, etc. RELATIONSHIP TO The Future Land Use Map designates this area as Parks, Open COMPREHENSIVE Spaces, Schools, Airport, Government Facilities, and Public Areas. LAND USE PLAN: It may be necessary to amend the Future Land Use Map in the future to reflect the site as Low Density Residential. The rezone area is located within the Primary Growth Area. STAFF ANALYSIS — The proposed rezone consists of approximately 2.2 acres of land ZONING located at the southeast corner of West Parker Street and Burton ORDINANCE: Avenue. Currently, the City of Waterloo is taking proactive steps on several infill development sites within the community. Utilizing infill development sites within developed portions of the City where existing infrastructure is readily available is a Smart Growth Practice, and the installation and extension of utilities to serve any new development would be minimal, saving on future maintenance costs for the City. The proposed rezoning for all of these sites are as Planned Districts to ensure that compatible and suitable 3.1.11 Rezone R2&R2CZ—Lincoln School Page 2 of 4 84 March 1,2011 development occurs upon these infill sites near already existing and established neighborhoods. Rezoning the land to a Planned Residence district is meant to make certain that: 1. The City of Waterloo has a greater analysis of review for these sites to ensure the infill sites are properly redeveloped to have a positive impact on the surrounding neighborhoods. 2. That the surrounding neighbors have a greater level of public input for the redevelopment of these sites. Many of these residents have lived and invested in these areas for a long period of time, and it is in their interest that the transition from school sites to other residential sites is done in a way that is beneficial to their homes. All of the sites are primarily located within the developed portion of the City of Waterloo, the Primary Growth Area as designated by the City of Waterloo Comprehensive Plan. This particular location at is located within the developed portion of the City, and all necessary utilities to serve the site are located within the area. Also, this particular site is located within the CURA Tax Incentive District, and has been recommended for inclusion in the Enterprise Zone by the local Enterprise Zone Commission, so the City of Waterloo has taken prior steps to help in their redevelopment. These designations also indicate a need for proper redevelopment so as to not upset the delicate nature of some neighborhoods, and ensure they continue to move forward in a positive manner. It is staff's goal that any redevelopment of these areas represent the best possible infill homes to each area. Staff would like to see new construction with compatible or better designs, compatible or bigger yards, more home amenities, and compatible or bigger houses. These sites need to uplift the neighborhoods, and make surrounding neighbors encouraged with their redevelopment, and secure that it is helping their property values and future investments in their own homes. The City of Waterloo Leisure Services Department has reviewed all of the sites to recommend they are eligible for redevelopment. This is due to other park areas and open spaces being in close proximity. The "R-1-R-P" designation suggests a lower level of density, as the underlying "R-1" designation is the lowest density level in the City of Waterloo, with lots at least 9,000 SF in area, widths of at least 75', and greater setbacks for buildings. The "R-P" designation also gives the City of Waterloo greater levels of design review, provides for special provisions and care to be taken in site layout and design itself, to ensure compatibility to adjacent land uses, including screening, landscaping, building design, etc. It also provides for greater levels of public input, as any development would be required to be reviewed by the Planning, Programming and Zoning Commission and subsequently the City Council after recommendation in lieu thereof. It is for the explicit reasons of making this a high quality development that this is proposed to being 3.1.11 Rezone R2&R2CZ—Lincoln School Page 3 of 4 85 March 1,2011 rezoned. It is proposed that prior to the approval of any specific development plan, conditions on the approval will be required, including limiting the type of development to single-family homes and possibly duplexes if appropriate, restricting the minimum lot size and lot width to be compatible with the neighborhood, and restricting designs, such as requirements for attached garages, number of stories, and minimum finished areas. STAFF ANALYSIS — There is no platting required for this request, but platting may be SUBDIVISION required when the area is developed. ORDINANCE: STAFF Therefore, staff recommends that the request to rezone from "R-2" RECOMMENDATION: One and Two Family Residence District to "R-1,R-P" Planned Residence District be approved for the following reasons: 1. The request is in conformance with the Comprehensive Plan for this area through its differing district requests and the areas designated on the Future Land Use Map, as well as planned development in a Primary Growth Area. 2. The site in question would appear to provide sufficient space to meet all required regulations including setbacks, drainage, landscaping, screening, etc. 3. The proposed rezone area is already served by all necessary utilities. 4. The areas requested are all planned districts, to allow for the orderly development of land and to ensure to the citizenry and City of Waterloo that development will occur as planned and approved, as well as providing for compatibly deigned development near neighboring development and districts. 5. The request contains all the necessary information as required by the City of Waterloo Zoning Ordinance. And subject to the following condition(s): 1. That the development will be highly scrutinized to provide a higher level of design and livability by the City of Waterloo in the following, but not limited to, categories: a) Design of homes for curb appeal, number of stories, setbacks, etc. b) Orientation, size, house density-to-lot ratio, and layout of lots. c) Amenities of homes such as garages, fencing, finished areas, green space, etc. d) Relationship and positive impact on existing and surrounding development. 3.1.11 Rezone R2&R2CZ—Lincoln School Page 4 of 4 86 . . _ of _ NE -11 ' 4 ._ Request to rezone approximately 2.2 acres from _ r i' "R-2" One and Two Family Reisdence District to ': 'R-1 ,R-P" Planned Residence District ct cm t � `g`, F II.. ,- _ ; �a l� , F. F. -{ , ir W .'cam • - - ; � � _ r I ,1 [ _ i Area in Question T . # J f, ,ac=� r°- s s` `� 2 �. <," i - ~" West Parker Street , i . V' iii . o \.. , a // i �s�l :-tea - t- _ -- `g j i 1. , 1 _ i --, _ o —,Ji , - > ti f ( t3- Y _ x _.\\ Newton Street i r - s' 0. ` = Former Lincoln School t (Demolished) — y • 3 y Pillk -tmilow -' , - - + 4' N ,' 4ts - ` i �.-tip. t - " 'i. a-- - a _ .. q ice" 4 _ •�,_� � r Ai- ft,-,-, ` a Kern Street ' eet ram- ,_-_- i N _ _ , 100 50 a co �, a t- i Plat Map — Former Lincoln School Site Rezone i 1 - eg.,c v7.<c `f, .b / C.•"' 10"Sanitary Sewer ' r 10"Sanitary Sewer ? a M1 "' ' i : ^I �— i 18"Storm Sewer ;� err e illy , G 1 I 1 Jai I �/ - 1 - Site in Question ,,,, lip; \ _ qrL I j ::: \Li au J I y .` I 1 I 4"Drain Tile I 1 gae 111 10" Sanitary Sewer J ' 11] 1 y IoT a k' 1 & 1ARI uI i-1w 1 k k ,I, -4 4 VI $ m i a 1.I' nl .''2 I 1 I 1 1 �_ u 1 4"Drain Tile 30"Storm Sewer �' G2 1 Jo Grarici i VzeW 1CIcTe / I J, ; ,/e1Q rq t I 4, _ _ -- E� _ 1 „,„ (�t , /"kl� ; IO l , m! I io I q ' ti , I I e,. 88 APPLICATION FOR REZONING CITY OF WATERLOO PLANNING, PROGRAMMING, AND ZONING COMMISSION WATERLOO, IOWA 319.291.4366 1.APPLICATION INFORMATION: :2 a. Applicant's name(pleascjprint): Ui; tf6 ) Address: 7/5 174/ ZY " Phone: 7- -3h6 Fax: City: (Aci/`7�p-4-44 Mate: /4 Zip: •.74 3 b. Status of applicant:(a)Owner c/ (b)Other (CHECK ONE): If other explain: c. Property owner's name if different than above(please print): Address: Phone: Fax: City: State: Zip: 2. PROPERTY INFORMATION: i / a. General location of property to be rezoned: Lj , -e,J9 w,,.; - lsi,_ -,77° -{7 b. Legal description of property to be rezoned: ? t1- Is^; -,--7 c. Dimensions of Proposed Zoning Boundary(Excluding Right of Way): 4;e7 .-=',.zt./dy d. Area of Proposed Zoning Boundary(Excluding Right of Way): -'. ,v ..,;,w - t - e. Current zoning: 2 Requested zoning: 1-?-- , ( - f. Reason(s)for rezoning and proposed use(s)of property: 7 c V-e ,7 Si•rr" X 4- g. Conditions(if any)agreed to: h. Other pertinent information(use reverse side if necessary): Please Note: If applicant is not the owner of the property, the signature of the owner must be secured. If it is the intent to subdivide (split) any land, vacant or improved in conjunction with this request it must go through a platting process(separate from rezone request). The filing fee of$200+$10 per acre($750 max)(payable to the City of Waterloo)is required(round amount down to nearest$10 increment). This fee is non-refundable. Under no condition shall said sum or any part thereof be refunded for failure of said amendment to be enacted into law. Any major change in any of the information given will require that the request go back through the process,with a new filing fee. If the request is denied no new petition covering the same or portion of the same property shall be filed with or considered by the Planning,Programming,and Zoning Commission until four(4)months have elapsed from the date of denial by the Waterloo City Council. The undersigned certify under oath and under the penalties of perjury., information on this request and submitted along with it is true and correct. All information submitted will -•used by Waterloo Planning, Programming, and Zoning Commission and the Waterloo City Council in g their deci i . The undersigned authorize City Zoning Officials to enter the propertygaestio in s to the reques . Signature of Applicant Date Signature of Owner Date 89 Rezone "R-2" to "R-1, R-P"—Former Lincoln School Site Looking north from Newton Street. Looking northeast from the intersection of Burton Street and Newton Street. 90 RESOLUTION NO. 2011-184 RESOLUTION FIXING THE TIME AND PLACE OF HEARING TO BE GIVEN ON APPLICATION OF THE CITY OF WATERLOO TO REZONE FROM "R-2" ONE AND TWO FAMILY RESIDENCE DISTRICT TO "R-1,R-P" PLANNED RESIDENCE DISTRICT APPROXIMATELY 2 . 2 ACRES GENERALLY LOCATED AT THE FORMER LINCOLN ELEMENTARY SCHOOL SITE AT THE SOUTHEAST CORNER OF BURTON AVENUE AND WEST PARKER STREET AS MARCH 28, 2011, AT 5 : 30 P.M. IN THE COUNCIL CHAMBERS IN CITY HALL AND INSTRUCTING CITY CLERK TO PUBLISH NOTICE OF HEARING. WHEREAS, the Council of the City of Waterloo, Iowa, shall meet in the Council Chambers in the City Hall in the City of Waterloo, Iowa, at 5 : 30 p.m. on the 28th day of March, 2011, for the purpose of acting upon an application of the City of Waterloo to rezone from "R-2" One and Two Family Residence District to "R- 1,R-P" Planned Residence District approximately 2 .2 acres generally located at the former Lincoln Elementary School site at the southeast corner of Burton Avenue and West Parker Street, and legally described as follows : Lots 1 thru 10, inclusive, Lots 16 thru 20, inclusive, the alley from the East line of said Lot 4 and 17 West to Burton Avenue in Block 14 and the West 35 feet of that part of the alley running East and West through Block 14, which lies between said Lots 5 and 16, all in Block 14 in Second Addition to Grand View Place, all in the City of Waterloo, Black Hawk County, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the City Clerk is hereby directed to publish Notice of the time and place of said hearing in the Waterloo Courier. PASSED AND ADOPTED this 14th day of March, 2011 . S Quentin Hart, Mayor Pro Tem ATTEST: <301kkr‘r_sLer) zy ,Schar s, CMC City Clerk „ 1k, CITY OF WATERLOO , IOWA �r,"iI --� -r-, COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319)291-4366 Fax(319)291-4262 erlo0 ' ++, NOEL C.ANDERSON,Community Planning&Development Director Council Communication Mayor City Council Meeting: March 121 CLARK BUCK Prepared: March 9, 2011 k Dept. Head Signature• L( U # of Attachments: Q) COUNCIL MEMBERS SUBJECT: Request by the City of Waterloo to rezone approximately 2.8 acres DAVID from"R-3”Multiple Residence District and "C-2" Commercial District to "C-P" JONES Planned Commercial District, located at the former Expo High School site at 927 Ward 1 Franklin Street, and set a date of hearing as March 28, 2011. CAROLYN COLE Submitted by: Noel Anderson, Community Planning&Development Director Ward 2 HAROLD Recommended City Council Action: Approval, with conditions as recommended GETTY by the Planning, Programming and Zoning Commission. Ward 3 Summary Statement: Transmitted herewith is a request to rezone approximately QHARTTIN 2.8 acres from"R-3"Multiple Residence District and"C-2" Commercial District Ward 4 to "C-P" Planned Commercial District, located at the former Expo High School site at 927 Franklin Street. The City is requesting to rezone the property at 927 RON Franklin Street to allow for redevelopment of the site for future commercial/office WEEPER purposes. People's Community Health Clinic, the adjoining property owner is Ward 5 proposing to acquire the property, but there is no proposed project at this time to BOB redevelop the site. Staff believes the "C-P" Planned Commercial District will help GREENWOOD to redevelop the surrounding area, and open up additional space in the central At-Large portion of the City for potential retail commercial/office development. The STEVE design, layout, orientation, density, and style of new development upon the site SCHMITT will be highly important to make certain that any new development is beneficial to At-Large the surrounding neighborhood. Staff believes any development needs to uplift the surrounding neighborhood, not have any negative affect on it. Staff believes rezoning the land as such will prevent it from having a negative impact upon the surrounding area, as development of the site as commercial/office uses would be similar to already existing development within the nearby Downtown area. The proposed rezoning of this site is as a Planned District to ensure that compatible and suitable development occurs upon these infill sites near already existing and established neighborhoods. Rezoning the land to a Planned Commercial district is meant to make certain that: 1. The City of Waterloo has a greater level of review for these sites to ensure CITY WEBSITE: www.ci.waterbo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer the infill sites are properly redeveloped to have a positive impact on the surrounding neighborhoods. 2. That the surrounding neighbors have a greater level of public input for the redevelopment of these sites. Many of these residents have lived and invested in these areas for a long period of time, and it is in their interest that the transition from school sites to other residential sites is done in a way that is beneficial to their homes. It is proposed that prior to the approval of any specific development plan, conditions on the approval will be required, including limiting the type of development to single-family homes and possibly twin homes if appropriate,restricting the minimum lot size and lot width to be compatible with the neighborhood, and restricting designs, such as requirements for attached garages, number of stories, and minimum finished areas. The Future Land Use Map designates this area as Mixed Commercial, Medium to High Density Residential, Professional Offices and Compatible Commercial, which would allow for the redevelopment of the site for office or commercial purposes. The rezone area is located within the Primary Growth Area. At their March 1,2011 Planning, Programming and Zoning Commission meeting, the Planning and Zoning Commission unanimously recommended approval of the rezone request, subject to the following condition(s): 1. That the development be restricted to single-family dwellings, with the potential for two-family dwellings. 2. That the development will be highly scrutinized to provide a higher level of design and livability by the City of Waterloo in the following, but not limited to, categories: a. Design of homes for curb appeal, number of stories, setbacks, etc. b. Orientation, size,house density-to-lot ratio, and layout of lots. c. Amenities of homes such as garages, fencing, finished areas, green space, etc. d. Relationship and positive impact on existing and surrounding development. Please find attached a staff report, aerial photo,and legal description,detailing the area in question. Therefore, we request the City Council set a date of public hearing on the rezoning request as March 28,2011, and publish an official notice pertinent to the requested rezoning. 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 Alternative: N/A Background Information: Legal Description: Commencing on the Southwesterly line of Walnut Street, in the City of Waterloo, Iowa, 220 feet Southeasterly from the Northerly corner of Block 57 in Cooley Addition to Waterloo, Iowa, otherwise known and described as "Church Donation Block", and running thence at right angles with said Walnut Street Southwesterly 150 feet, thence at right angles Southeasterly, parallel with Walnut Street, 80 feet, to the Southeasterly line of said Block 57, thence Northeasterly along said line, 150 feet to Walnut Street, thence Northwesterly along the Southwesterly line of Walnut Street 80 feet to the place of beginning, and Lot 1 in Eickelbergs Subdivision, and A part of Lots 1, 4 and 5 in Block 57 in the Cooley Addition to Waterloo, Iowa described as follows: Commencing at a point on the Southwesterly line of Walnut Street, that is 180 feet Southeasterly from the most Northerly corner of said Block 57; running thence Southwesterly at right angles to Walnut Street a distance of 150 feet; thence at right angles Southeasterly a distance of 40 feet; thence at right angles Northeasterly a distance of 150 feet to Walnut Street; thence Northwesterly a distance of 150 feet to Walnut Street; thence Northwesterly along the Southwesterly line of Walnut Street a distance of 40 feet to the place of beginning, and Assessor Warrens Plat No. 1 of Subdivision of Lot 1 of Plat No. 1 of a part of the Southwest Quarter of Section 24, Township 89 North, of Range 13 West, and a part of Lot 3 of Section 25, Township 89 North, Range 13 West, Lot 6; Also Assessor Warrens Plat No. 1 of Subdivision of Lot 1 of Plat No. 1 of a part of the Southwest Quarter of Section 24, Township 89 North, of Range 13 West and a part of Lot 3 of Section 25, Township 89 North, Range 13 West, all Lot 7, excluding the Southeasterly '/2 of the Southwesterly 150 feet; Also, Eickelbergs Subdivision Lot 2; Also,Assessor Warrens Plat No. 1 of Subdivision of Lot 1 of Plat No. 1 of a part of the Southwest Quarter of Section 24, Township 89 North, of Range 13 West and a part of Lot 3 of Section 25, Township 89 North, Range 13 West, of the Southeasterly '/2 of the Southwesterly 150 feet of Lot 7; Also,Assessor Warrens Plat No. 1 of Subdivision of Lot 1 of Plat No. 1 of a part of the Southwest Quarter of Section 24, Township 89 North, of Range 13 West and a part of Lot 3 of Section 25, Township 89 North, Range 13 West, Lots 8 and 9 and a triangle piece bounded as follows: Commencing at the most Southerly corner of Lot 1, running thence North along the East line of said Lot to an extension of the centerline of the alley in Block 1 in Sullivan Days Addition in Waterloo,Iowa; thence West along an extension of said centerline to the Southwesterly line of Lot 1; thence Southeasterly along the Southwesterly line of said Lot to place of beginning; Also,Assessor Warrens Plat No. 1 of Subdivision of Lot 1 of Plat No. 1 of a part of the Southwest Quarter of Section 24,Township 89 North, of Range 13 West, and a part of Lot 3 of Section 25,Township 89 North,Range 13 West,the Northwest 48 feet of Lot 10, all in the City of Waterloo, Black Hawk County, State of Iowa NA:to cc: Aric Schroeder, City Planner Eric Thorson,City Engineer --file-- March 1,2011 REQUEST: REQUEST BY THE CITY OF WATERLOO TO REZONE 2.8 ACRES AT THE FORMER EXPO HIGH SCHOOL SITE, LOCATED AT 927 FRANKLIN STREET, FROM "R-3" MULTIPLE RESIDENCE DISTRICT AND "C-2" COMMERCIAL DISTRICT TO "C-P" PLANNED COMMERCIAL DISTRICT. APPLICANT: City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703 GENERAL The applicant is requesting to rezone the property at 927 Franklin DESCRIPTION: Street from "R-3" and "C-2" to "C-P" to allow for redevelopment of the site for future commercial/office purposes. People's Community Health Clinic, the adjoining property owner is proposing to acquire the property, but there is no proposed project at this time to redevelop the site. IMPACT ON Staff believes the "C-P" Planned Commercial District will help to NEIGHBORHOOD & redevelop the surrounding area, and open up additional space in the SURROUNDING central portion of the City for potential retail commercial/office LAND USE: development. The design, layout, orientation, density, and style of new development upon the site will be highly important to make certain that any new development is beneficial to the surrounding neighborhood. Staff believes any development needs to uplift the surrounding neighborhood, not have any negative affect on it. Staff believes rezoning the land as such will prevent it from having a negative impact upon the surrounding area, as development of the site as commercial/office uses would be similar to already existing development within the nearby Downtown area. VEHICULAR & The site is located along the north side of Franklin Street, north of its PEDESTRIAN intersections with East 8th and East 9th Streets. Franklin Street is TRAFFIC classified as a Principal Arterial. Both East 8th and 9th Streets are CONDITIONS: classified as Local Streets. Walnut Street and Independence Avenue are located directly north of the site, and are classified as Collector Streets. It would appear that the development of the land in question as commercial/office uses would not have a negative impact upon vehicular and pedestrian traffic in the area. Sidewalk is located along all streets within the nearby vicinity, making pedestrian access to the site very accessible. RELATIONSHIP TO The Cedar Valley Lakes Recreational Trail is located approximately RECREATIONAL a 1/4 of a mile to the south along the north side of Cedar River. TRAIL PLAN: ZONING HISTORY The building located at 927 Franklin Street is zoned "R-3" Multiple FOR SITE AND Residence District, and "C-2" Commercial District, and has been IMMEDIATE VICINITY: zoned as such since the adoption of the Zoning Ordinance on February 3, 1969. Surrounding land uses and their zoning are as follows: North — multiple family residential development and office development, zoned "R-3" Multiple Residence District. South existing commercial development, zoned "C-2" Commercial District. 3.1.11 Rezone C2&R3 to CP—Expo High School Page 1 of 4 91 March 1,2011 East— multiple family residential development, zoned "R-3" Multiple Family Residence District. West medical office development, zoned "C-2" Commercial District. DEVELOPMENT The surrounding area consists of a mix or retail commercial uses HISTORY: and single-family and multiple-family residential uses. This particular area of the City is near the original town plat of the City, with developments ranging from the late 1800s to as recent as the last decade. BUFFERS/ SCREENING Rezoning of the land in question would not require any additional REQUIRED: buffering or screening. DRAINAGE: Rezoning of the land would not have a negative impact upon the drainage in the surrounding area. Any new commercial development upon the site would be required to submit a storm water drainage and retention plan, and be required to retain any storm water upon the site. FLOODPLAIN: The area in question is not located within any Special Flood Hazard area as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 190025 and Panel Number 0004, dated July 3, 1985. PUBLIC /OPEN The former Expo High School site was used as the school district's SPACES/ SCHOOLS: alternative high school up till 2010 before operations were moved to the former McKinstry Elementary site at Idaho Street and Independence Avenue. The site is also located near East High School and Highland Elementary School is located approximately 1 mile to the east near the intersection of Idaho Street and Independence Avenue. Lincoln Park is located approximately 4 blocks to the north and west at the intersection of Franklin and West 4th Streets. UTILITIES: WATER, SANITARY SEWER, A 10" sanitary sewer line is locate within Franklin Street, and 8" lines STORM SEWER, ETC. are within Walnut Street and East 8th and 9th Streets. 18" storm sewer is located within Franklin Street and Walnut Street. The surrounding area is also served by other utilities such as water, telephone, gas, cable, etc. RELATIONSHIP TO The Future Land Use Map designates this area as Parks, Open COMPREHENSIVE Spaces, Schools, Airport, Government Facilities, and Public Areas. LAND USE PLAN: It may be necessary to amend the Future Land Use Map in the future to reflect the site as Commercial. The rezone area is located within the Primary Growth Area STAFF ANALYSIS — The proposed rezone consists of approximately 2.8 acres located ZONING at the former Expo High School site along the north side of ORDINANCE: Franklin Street near its intersections with East 8th and East 9th Streets. Currently, the City of Waterloo is taking proactive steps on several infill development sites within the community. Utilizing infill development sites within developed portions of the City where 3.1.11 Rezone C2&R3 to CP—Expo High School Page 2 of 4 92 March 1,2011 existing infrastructure is readily available is a Smart Growth Practice, and the installation and extension of utilities to serve any new development would be minimal, saving on future maintenance costs for the City. The proposed rezoning for all of these sites are as Planned Districts to ensure that compatible and suitable development occurs upon these infill sites near already existing and established neighborhoods. Rezoning the land to a Planned Commercial district is meant to make certain that: 1. The City of Waterloo has a greater level of review for these sites to ensure the infill sites are properly redeveloped to have a positive impact on the surrounding neighborhoods. 2. That the surrounding neighbors have a greater level of public input for the redevelopment of these sites. Many of these residents have lived and invested in these areas for a long period of time, and it is in their interest that the transition from school sites to other residential sites is done in a way that is beneficial to their homes. All of the sites are primarily located within the developed portion of the City of Waterloo, the Primary Growth Area as designated by the City of Waterloo Comprehensive Plan. This particular location is located within the core of the developed portion of the City, and all necessary utilities to serve the site are located within the area. Also, this particular site is located within the CURA, Rath Urban Renewal Tax Increment Finance District, and Enterprise Zone incentive district, so the City of Waterloo has taken prior steps to help in their redevelopment. These designations also indicate a need for proper redevelopment so as to not upset the delicate nature of some neighborhoods, and ensure they continue to move forward in a positive manner. It is staff's goal that any redevelopment of these areas represent the best possible infill redevelopment to each area. Staff would like to see new construction with better or compatible designs. These sites need to uplift the neighborhoods, and make surrounding neighbors encouraged with their redevelopment, and secure that it is helping their property values and future investments in their own homes. The "C-P" designation gives the City of Waterloo greater levels of design review, provides for special provisions and care to be taken in site layout and design itself, to ensure compatibility to adjacent land uses, including screening, landscaping, building design, etc. It also provides for greater levels of public input, as any development would be required to be reviewed by the Planning, Programming and Zoning Commission and subsequently the City Council after recommendation in lieu thereof. It is for the explicit reasons of making this a high quality development that this is proposed to being rezoned. STAFF ANALYSIS — There is no platting required for this request, but platting may be 3.1.11 Rezone C2&R3 to CP—Expo High School Page 3 of 4 93 March 1,2011 SUBDIVISION required when the area is developed. ORDINANCE: STAFF Therefore, staff recommends that the request to rezone from "C-P" RECOMMENDATION: Planned Commercial District be approved for the following reasons: 1. The request is in conformance with the Comprehensive Plan for this area through its differing district requests and the areas designated on the Future Land Use Map, as well as planned development in a Primary Growth Area. 2. The site in question would appear to provide sufficient space to meet all required regulations including setbacks, drainage, landscaping, screening, etc. 3. The proposed rezone area is already served by all necessary utilities. 4. The areas requested are all planned districts, to allow for the orderly development of land and to ensure to the citizenry and City of Waterloo that development will occur as planned and approved, as well as providing for compatibly deigned development near neighboring development and districts. 5. The request contains all the necessary information as required by the City of Waterloo Zoning Ordinance. And subject to the following condition(s): 1. That the development will be highly scrutinized to provide a higher level of design for the layout of any commercial development in the following, but not limited to, categories: a) Design of commercial buildings from all visible sides for curb appeal, setbacks, etc. b) Orientation, size, building density-to-lot ratio, and layout of lot c) Amenities of development to surrounding development for traffic movements and orientation, landscaping, setbacks, etc. d) Relationship and positive impact on existing and surrounding development 3.1.11 Rezone C2&R3 to CP—Expo High School Page 4 of 4 94 Request to rezone approximately 2.8 acres from "R Multiple Residence District and "C-2" Commercial District to "C-P" Planned Commercial District ..� ® w p =eN ' v F • • ' �[/ _ s Area in Question .. - p of ep �. N. r ti �'= r l / r�74 r r;Z,.r .. ,fir+ �t; _ _ I I/ rf' _'4.`�3 _ . Independence Avenue i�4r3, d '' - i e. ri i T i' r - Former Expo High School _. 4* c,kir 44p. —'"4"-k, _ 927 Franklin Street ' _ �t W1411111 d yt al T , a i mew -- = % a - �� ice_ ` �. 3 ae ,_ . K CourUand Street _ p^'.. ,"-A,. - ,ram , i 1 rrrrq6 `c r Plat Map — Former Expo Site Rezone =1 0 18"Storm Sewer .. LE-NE- ,f' ♦ I- '1_.....ew- .r 4 F4 ' ,.... ? - Y r, = n �• NDEPEN 10"Sanitary Sewer j LI e]o ' l b e2" S - - c- / 8"Sanitary Sewer 9 .I .�",// / -- S L / . / a, 4 11' Site in Question a it if / 9 18"Storm Sewer „ �- ="I /' ` Q,o • v_ d . v ',� -e.� -� 1" /t ,s, „.,fit) 9iy • of n�, - v0 I0I'// O if 6 - 15 �l y�i 9`_` ,e'' / 14 / it.. 2 ,- it b yp'' 8'''(S/�anitary Sewer I el' </4. R1 `Lf°M1, N'�.. • Y 8"Sanitary Sewer ,;', / - P.- 1 96 • APPLICATION FOR REZONING CITY OF WATERLOO PLANNING,PROGRAMMING, AND ZONING COMMISSION WATERLOO,IOWA 319.291.4366 I.APPLICATION INFORMATION: ii 7 f a. Applicant's name(please print): G >J of LC/9-Fi n Address: 115 i.< ,. r .jf- Phone: s74>‘ Fax: City: State: / Zip: •s76 3 b. Status of applicant:(a)Owner t (b)Other (CHECK ONE):If other explain: c. Property owner's name if different than above(please print): Address: Phone: Fax: City: State: Zip: 2.PROPERTY INFORMATION: c� a. General location of property to be rezoned: ,'ic.+-i/! .i r/ y' r col „� , r b. Legal description of property to be rezoned: - 1-04-0 5&4t715,4/) c. Dimensions of Proposed Zoning Boundary(Excluding Right of Way): d. Area of Proposed Zoning Boundary(Excluding Right of Way): e. Current zoning: ,C,23. ';-,� Requested zoning: ( - f. Reason(s)for rezoning and proposed use(s)of property: ,er rier. 5- / /L'fi �C' Tling'('�L 7 g. Conditions(if any)agreed to: h. Other pertinent information(use reverse side if necessary): Please Note: If applicant is not the owner of the property,the signature of the owner must be secured. If it is the intent to subdivide (split) any land, vacant or improved in conjunction with this request it must go through a platting process(separate from rezone request). The filing fee of$200+$10 per acre($750 max)(payable to the City of Waterloo)is required(round amount down to nearest$10 increment). This fee is non-refundable. Under no condition shall said sum or any part thereof be refunded for failure of said amendment to be enacted into law. Any major change in any of the information given will require that the request go back through the process,with a new filing fee. If the request is denied no new petition covering the same or portion of the same property shall be filed with or considered by the Planning,Programming,and Zoning Commission until four(4)months have elapsed from the date of denial by the Waterloo City Council. The undersigned certify under oath and under the penalties of perjury- -ll in onnation on this request and submitted along with it is true and correct. All information submitted will be ed by a aterloo Planning, Programming, and Zoning Commission and the Waterloo City Council in their dec ion. The undersigned authorize City Zoning Officials to enter the prop Min lion in re ds t he reque . a? Signature o Applicant Date Signature of Owner Date 97 Rezone "C-2" to "C-P" —Expo School Site 1 it sa ;Psi "'SFt Looking northeast at Expo School Building. 98 • 1 RESOLUTION NO. 2011-185 RESOLUTION FIXING THE TIME AND PLACE OF HEARING TO BE GIVEN ON APPLICATION OF THE CITY OF WATERLOO TO REZONE FROM "R-3" MULTIPLE RESIDENCE DISTRICT AND "C-2" COMMERCIAL DISTRICT TO "C-P" PLANNED COMMERCIAL DISTRICT APPROXIMATELY 2 . 8 ACRES GENERALLY LOCATED AT THE FORMER EXPO HIGH SCHOOL SITE AT 927 FRANKLIN STREET AS MARCH 28, 2011, AT 5 : 30 P.M. IN THE COUNCIL CHAMBERS IN CITY HALL AND INSTRUCTING CITY CLERK TO PUBLISH NOTICE OF HEARING. WHEREAS, the Council of the City of Waterloo, Iowa, shall meet in the Council Chambers in the City Hall in the City of Waterloo, Iowa, at 5 : 30 p.m. on the 28th day of March, 2011, for the purpose of acting upon an application of the City of Waterloo to rezone from "R-3" Multiple Residence District and "C-2" Commercial District to "C-P" Planned Commercial District approximately 2 . 8 acres generally located at the former Expo High School site at 927 Franklin Street, and legally described as follows: Commencing on the Southwesterly line of Walnut Street, in the City of Waterloo, Iowa, 220 feet Southeasterly from the Northerly corner of Block 57 in Cooley Addition to Waterloo, Iowa, otherwise known and described as "Church Donation Block", and running thence at right angles with said Walnut Street Southwesterly 150 feet, thence at right angles Southeasterly, parallel with Walnut Street, 80 feet, to the Southeasterly line of said Block 57, thence Northeasterly along said line, 150 feet to Walnut Street, thence Northwesterly along the Southwesterly line of Walnut Street 80 feet to the place of beginning, and Lot 1 in Eickelbergs Subdivision, and A part of Lots 1, 4 and 5 in Block 57 in the Cooley Addition to Waterloo, Iowa described as follows : Commencing at a point on the Southwesterly line of Walnut street, that is 180 feet Southeasterly from the most Northerly corner of said Block 57; running thence Southwesterly at right angles to Walnut Street a distance of 150 feet; thence at right angles Southeasterly a distance of 40 feet; thence at right angles Northeasterly a distance of 150 feet to Walnut Street; thence Northwesterly a distance of 150 feet to Walnut street; thence Northwesterly along the Southwesterly line of Walnut Street a distance of 40 feet to the place of beginning, and Assessor Warrens Plat No. 1 of Subdivision of Lot 1 of Plat No. 1 of a part of the Southwest Quarter of Section 24, Township 89 North, of Range 13 West, and a part of Lot 3 of Section 25, Township 89 North, Range 13 West, Log 6; Also Assessor Warrens Plat No. 1 of Subdivision of Lot 1 of Plat No. 1 of a part of the Southwest Quarter of Section 24, Township 89 North, of Range 13 West and a part of Lot 3 of Section 25, Township 89 North, Range 13 West, all Lot 7, excluding the Southeasterly 1/2 of the Southwesterly 150 feet; i r Resolution No. 2011-185 Page 2 Also, Eickelbergs Subdivision Lot 2; Also, Assessor Warrens Plat No. 1 of Subdivision of Lot 1 of Plat No. 1 of a part of the Southwest Quarter of Section 24, Township 89 North, of Range 13 West and a part of Lot 3 of Section 25, Township 89 North, Range 13 West, of the Southeasterly 1/2 of the Southwesterly 150 feet of Lot 7; Also, Assessor Warrens Plat No. 1 of Subdivision of Lot 1 of Plat No. 1 of a part of the Southwest Quarter of Section 24, Township 89 North, of Range 13 West and a part of Lot 3 of Section 25, Township 89 North, Range 13 West, Lots 8 and 9 and a triangle piece bounded as follows : Commencing at the most Southerly corner of Lot 1, running thence North along the East line of said Lot to an extension of the centerline of the alley in Block 1 in Sullivan Days Addition in Waterloo, Iowa; thence West along an extension of said centerline to the Southwesterly line of Lot 1; thence Southeasterly along the Southwesterly line of said Lot to place of beginning; Also, Assessor Warrens Plat No. 1 of Subdivision of Lot 1 of Plat No. 1 of a part of the Southwest Quarter of Section 24, Township 89 North, of Range 13 West, and a part of Lot 3 of Section 25, Township 89 North, Range 13 West, the Northwest 48 feet of Lot 10, all in the City of Waterloo, Black Hawk County, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the CityClerk is hereby b directed ted to publish Notice of the time and place of said hearing in the Waterloo Courier. PASSED AND ADOPTED this 14th day of March, 2011 . Quentin Hart, Mayor Pro Tem ATTEST: uzy -SC4Fak City Clerk CITY OF WATERLOO , IOWA COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street • Waterloo,Iowa 50703-5783 • (319)291-4366 Fax(319)291-4262 Joo ' NOEL C.ANDERSON,Community Planning&Development Director Council Communication 2 Mayor City Council Meeting: Marc• 4 2011410 01 ►iy1 q IAS/19cti BUCK Prepared: March 9, 2011 VW CLARK v Dept. Head Signature # of Attachments: i COUNCIL MEMBERS SUBJECT: Request by the City of Waterloo to rezone approximately 1.14 acres DAVID from"R-2" One and Two Family Residence District to "R-1,R-P"Planned JONES Residence District, located at the former Francis Grout School site 330 Madison Ward 1 Street, located at the southwest corner of Idaho Street and Madison Street, and set CAROLYN a date of hearing as March 28, 2011. COLE Ward 2 Submitted by: Noel Anderson, Community Planning&Development Director HAROLD GETTY Recommended CityCouncilAction: Approval, with conditions as recommended Ward 3 by the Planning, Programming and Zoning Commission. QUENTIN Summary Statement: Transmitted herewith is a request to rezone approximately HART Ward 4 1.14 acres from"R-2" One and Two Family Residence District to "R-1,R-P" Planned Residence District, located at the former Francis Grout School site 330 RON Madison Street. The City is requesting to rezone this particular property to allow WELPER for future one and two family development at the site. Staff believes the "R-1,R-P" Ward 5 Planned Residence District will help to redevelop the area for one and two family BOB housing development. Single-family homes would be ideal, with the potential of GREENWOOD twin home development. In either case, the design, layout, orientation, density, At-Large and style of homes will be highly important to ensure the development is beneficial STEVE to the surrounding neighborhood. Staff believes any development needs to uplift SCHMITT the surrounding neighborhood, not have any negative impact on it. Staff believes At-Large rezoning the land as such and placing proper conditions on future development will prevent it from having a negative impact upon the surrounding area. The "R- P" designation also gives the City of Waterloo greater levels of design review, provides for special provisions and care to be taken in site layout and design itself, to ensure compatibility to adjacent land uses. The proposed rezoning of this site is as Planned Districts to ensure that compatible and suitable development occurs upon these infill sites near already existing and established neighborhoods. Rezoning the land to a Planned Residence district is meant to make certain that: 1. The City of Waterloo has a greater level of review for these sites to ensure CITY WEBSITE: www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! 'sry a r=a io o'I An Equal Opportunity/Affirmative Action Employer i the infill sites are properly redeveloped to have a positive impact on the surrounding neighborhoods. 2. That the surrounding neighbors have a greater level of public input for the redevelopment of these sites. Many of these residents have lived and invested in these areas for a long period of time, and it is in their interest that the transition from school sites to other residential sites is done in a way that is beneficial to their homes. It is proposed that prior to the approval of any specific development plan, conditions on the approval will be required, including limiting the type of development to single-family homes and possibly twin homes if appropriate, restricting the minimum lot size and lot width to be compatible with the neighborhood, and restricting designs, such as requirements for attached garages, number of stories, and minimum finished areas. The Future Land Use Map designates this area as Low Density Residential, which would allow for the redevelopment of the site for single-family, and possibly two family residences. The rezone area is located within the Primary Growth Area. At their March 1,2011 Planning, Programming and Zoning Commission meeting,the Planning and Zoning Commission unanimously recommended approval of the rezone request, subject to the following condition(s): 1. That the development be restricted to single-family dwellings, with the potential for two-family dwellings. 2. That the development will be highly scrutinized to provide a higher level of design and livability by the City of Waterloo in the following, but not limited to, categories: a. Design of homes for curb appeal,number of stories, setbacks, etc. b. Orientation, size, house density-to-lot ratio, and layout of lots. c. Amenities of homes such as garages, fencing, finished areas, green space, etc. d. Relationship and positive impact on existing and surrounding development. Please find attached a staff report, aerial photo, and legal description,detailing the area in question. Therefore, we request the City Council set a date of public hearing on the rezoning request as March 28,2011, and publish an official notice pertinent to the requested rezoning. 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 Alternative: N/A Background Information: Legal Description: Lots 1 thru 4, and 15 thru 18 in Block 6 in Hillside Addition all in the City of Waterloo, Black Hawk County, Iowa NA:to cc: Aric Schroeder, City Planner Eric Thorson, City Engineer -file-- March 1,2011 REQUEST: REQUEST BY THE CITY OF WATERLOO TO REZONE 1 .14 ACRES AT THE FORMER FRANCIS GROUT SCHOOL SITE, LOCATED AT 330 MADISON STREET, FROM "R-2" ONE AND TWO FAMILY RESIDENCE DISTRICT TO "R-1,R-P" PLANNED RESIDENCE DISTRICT. APPLICANT: City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703 GENERAL The applicant is requesting to rezone the property at 330 Madison DESCRIPTION: Street from "R-2" to "R-1,R-P" to allow for future one and two family development at the site. Currently, the site is zoned as "R-2", which allows for one and two family development, however with higher density levels. The City of Waterloo currently owns the property. There is no proposed project at this time to redevelop the site. IMPACT ON Staff believes the "R-1,R-P" Planed Residence District will help to NEIGHBORHOOD & redevelop the area for one and two family housing development. SURROUNDING Single-family homes would be ideal, with the potential of twin home LAND USE: development. In either case, the design, layout, orientation, density, and style of homes will be highly important to make certain that any new development is beneficial to the surrounding neighborhood. Staff believes any development needs to uplift the surrounding neighborhood, not have any negative effect on it. Staff believes rezoning the land as such and placing proper conditions on future development will prevent it from having a negative impact upon the surrounding area. VEHICULAR & The site is located along the west side of Idaho Street, north of PEDESTRIAN Monroe Street and south of Madison Street. Idaho Street is TRAFFIC classified as a Minor Arterial, and Madison and Monroe Street are CONDITIONS: classified as Local Streets. It would appear that the development of the land in question as one and two family residences would not have a negative impact upon vehicular and pedestrian traffic in the area. Public sidewalk is located along all the streets within nearby vicinity of the site. RELATIONSHIP TO The Martin Luther King, Jr. Recreational Trail is located RECREATIONAL approximately a %2 of a mile to the north at the intersection of MLK TRAIL PLAN: Jr. Drive and Idaho Street. ZONING HISTORY The building located at 330 Madison Street is zoned "R-2" One and FOR SITE AND Two Family Residence District, and has been zoned as such since IMMEDIATE VICINITY: the adoption of the Zoning Ordinance on February 3, 1969. Surrounding land uses and their zoning are as follows: North — Low Density residential development, zoned "R-2" One and Two Family Residence District. South - Low Density residential development, zoned "R-2" One and Two Family Residence District. East— Former McKinstry Elementary School and Highland Elementary School, zoned "R-2" One and Two Family Residence District. West Low Density residential development, zoned "R-2" One and 3.1.11 Rezone R2&R2CZ—Francis Grout School Page 1 of 4 99 March 1,2011 Two Family Residence District. DEVELOPMENT The surrounding area consists predominantly low density residential HISTORY: uses in the adjacent, nearby areas, with development occurring in the 1950s. Highland Elementary School was recently constructed in 2009, directly east of the site. BUFFERS/ SCREENING Rezoning of the land in question would not require any additional REQUIRED: buffering or screening. DRAINAGE: Rezoning of the land would not have a negative impact upon the surrounding area. FLOODPLAIN: The area in question is not located within a Special Flood Hazard area as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 190025 and Panel Number 0008, dated July 3, 1985. PUBLIC /OPEN The former Francis Grout School, which was constructed in 1900, SPACES/ SCHOOLS: was used by the Waterloo Community School District as an elementary school. The school has not served as an elementary school for quite some time, and currently is vacant, with demolition of the building set to occur in the very near future. Highland Elementary School and the former McKinstry Elementary School is located directly to the east of the site in question. UTILITIES: WATER, SANITARY SEWER, 8" sanitary sewer is Idaho Street to the east, Madison Street to the STORM SEWER, ETC. north, and Monroe Street to the south. A 15" storm sewer is located within Monroe Street to the south. The surrounding area is also served by other utilities such as water, telephone, gas, cable, etc. RELATIONSHIP TO The Future Land Use Map designates this area as Parks, Open COMPREHENSIVE Spaces, Schools, Airport, Government Facilities, and Public Areas. LAND USE PLAN: It may be necessary to amend the Future Land Use Map in the future to reflect the site as Low Density Residential. The rezone area is located within the Primary Growth Area. STAFF ANALYSIS — The proposed rezone consists of approximately 1.14 acres located ZONING at the former Francis Grout School site, at the intersection of ORDINANCE: Madison and Idaho Streets. Currently, the City of Waterloo is taking proactive steps on several infill development sites within the community. Utilizing infill development sites within developed portions of the City where existing infrastructure is readily available is a Smart Growth Practice, and the installation and extension of utilities to serve any new development would be minimal, saving on future maintenance costs for the City. The proposed rezoning for all of these sites are as Planned Districts to ensure that compatible and suitable development occurs upon these infill sites near already existing and established neighborhoods. Rezoning the land to a Planned Residence district is meant to make certain that: 3.1.11 Rezone R2&R2CZ—Francis Grout School Page 2 of 4 100 March 1,2011 1 . The City of Waterloo has a greater level of review for these sites to ensure the infill sites are properly redeveloped to have a positive impact on the surrounding neighborhoods. 2. That the surrounding neighbors have a greater level of public input for the redevelopment of these sites. Many of these residents have lived and invested in these areas for a long period of time, and it is in their interest that the transition from school sites to other residential sites is done in a way that is beneficial to their homes. All of the sites are primarily located within the developed portion of the City of Waterloo, the Primary Growth Area as designated by the City of Waterloo Comprehensive Plan. All necessary utilities to serve the site are located within the area. Also, this particular site is located within the CURA and Enterprise Zone incentive districts, so the City of Waterloo has taken prior steps to help in their redevelopment. These designations also indicate a need for proper redevelopment so as to not upset the delicate nature of some neighborhoods, and ensure they continue to move forward in a positive manner. It is staffs goal that any redevelopment of these areas represent the best possible infill homes to each area. Staff would like to see new construction with compatible or better designs, compatible or bigger yards, more home amenities, and compatible or bigger houses. These sites need to uplift the neighborhoods, and make surrounding neighbors encouraged with their redevelopment, and secure that it is helping their property values and future investments in their own homes. The City of Waterloo Leisure Services Department has reviewed all of the sites to recommend they are eligible for redevelopment. This is due to other park areas and open spaces being in close proximity. The "R-1-R-P" designation suggests a lower level of density, as the underlying "R-1" designation is the lowest density level in the City of Waterloo, with lots at least 9,000 SF in area, widths of at least 75', and greater setbacks for buildings. The "R-P" designation also gives the City of Waterloo greater levels of design review, provides for special provisions and care to be taken in site layout and design itself, to ensure compatibility to adjacent land uses, including screening, landscaping, building design, etc. It also provides for greater levels of public input, as any development would be required to be reviewed by the Planning, Programming and Zoning Commission and subsequently the City Council after recommendation in lieu thereof. It is for the explicit reasons of making this a high quality development that this is proposed to being rezoned. It is proposed that prior to the approval of any specific development plan, conditions on the approval will be required, including limiting the type of development to single-family homes and possibly twin homes if appropriate, restricting the minimum lot size and lot width to be 3.1.11 Rezone R2&R2CZ—Francis Grout School Page 3 of 4 101 March 1,2011 compatible with the neighborhood, and restricting designs, such as requirements for attached garages, number of stories, and minimum finished areas. STAFF ANALYSIS — SUBDIVISION There is no platting required for this request. ORDINANCE: STAFF Therefore, staff recommends that the request to rezone from "R-2" RECOMMENDATION: One and Two Family Residence District to "R-1,R-P" Planned Residence District be approved for the following reasons: 1. The request is in conformance with the Comprehensive Plan for this area through its differing district requests and the areas designated on the Future Land Use Map, as well as planned development in a Primary Growth Area. 2. The site in question would appear to provide sufficient space to meet all required regulations including setbacks, drainage, landscaping, screening, etc. 3. The proposed rezone area is already served by all necessary utilities. 4. The areas requested are all planned districts, to allow for the orderly development of land and to ensure to the citizenry and City of Waterloo that development will occur as planned and approved, as well as providing for compatibly deigned development near neighboring development and districts. 5. The request contains all the necessary information as required by the City of Waterloo Zoning Ordinance. And subject to the following condition(s): 1. That the development will be highly scrutinized to provide a higher level of design and livability by the City of Waterloo in the following, but not limited to, categories: a) Design of homes for curb appeal, number of stories, setbacks, etc. b) Orientation, size, house density-to-lot ratio, and layout of lots c) Amenities of homes such as garages, fencing, finished areas, green space, etc. d) Relationship and positive impact on existing and surrounding development 3.1.11 Rezone R2&R2CZ—Francis Grout School Page 4 of 4 102 Request to rezone approximately 1 . 14 acres from - = : —' "R-2" One and Two Family Residence District to of *IF "R-1 R-P" Planned Residence District Former McKinstry School F" F - � _ire }IndependenceAvenue - - 1 11 ' . --''-l'i : -:I : -:.r YD) -- '‘ ._,:t... -_ Y- t ,-_�� _. - ill - :Tl '-: r T, �'�' o - Area in Question ``�'I �! f r_ `t f.- { R � ` - t1 �1 . t - k 4 - _ - Mad ison.Street F r r' - Y r 6 Prtf / ; fir # �1f"<y' YJ j / /j / r A ■_ � - I tit I- o •'_ 'J 0i '" j Q Former Francis Grout School E : E '~ Monroe Street ` t 330 Madison Street _ ` . 7 r ;' ®if ilk .'--s- - r _ z J .w 14 IA-4 —F . .... mil t - --- New Highland ' • -- a ■ t Location I t Folk Stree{' IE RIL"In jit '' , .&.--.. .,..,. 77-7": '°-:2 ' -''- '''''''' - -' - TO 150 75 0 150 >nL .. _ - AFeet ` V, Plat Map — Fotiuer Francis Grout School Site Rezone i ,n ` o� ;� n n � q M, 'J' n� �7 "( Y N. ,!� M M P • n r n ^ SO 4S. 0 I0. + I',� J r rsv Madison Street y /c� , e k 1 a 8" Sanitary Sewer q��/ U S> h -S 05 N—yam SO [n7 -'F— z u .s a o n a .. 4N 5 m m O h N m ' m '' 4' � C, t" n h m ^ M T epr, Gl /��• 8" Sanitary Sewer az s ► �L 92 l CO BlgN �l rt c11 .: 5 3 Site in Question 9,s 6 /2 /3 /1 /S /6 ? /8 9)9 P yOs� l,j 15"Storm Sewer N o el _ -. ,� N h N d ' P 9� 8" Sanitary Sewer y,it� / =MINT oec No:200. �u1 1$47 �� •�o ��� ' Monroe Street a i 1, m 1 104 APPLICATION FOR REZONING CITY OF WATERLOO PLANNING, PROGRAMMING, AND ZONING COMMISSION WATERLOO,IOWA 319.291.4366 1.APPLICATION INFORMATION: .2 J a. Applicant's name(pleas print): ai- iF G (�zi Address: 7/5 fl/!//, ', i,`17- Phone: ,may 43 ' ' Fax: City: ,( '4d State: /,Q Zip: .. 745 b. Status of applicant:(a)Owner /�(b)Other (CHECK ONE): If other explain: c. Property owner's name if different than above(please print): Address: Phone: Fax: City: State: Zip: 2.PROPERTY INFORMATION: a. General location of roe to be rezoned: ?%>-' f i T property rtY / Jj?1�,�;�_ v ..s ', '; L=++zwr` .�%.4-er b. Legal description of property to be rezoned: `i . 4-7 .- --) -? c. Dimensions of Proposed Zoning Boundary(Excluding Right of Way): 2 ,;><> ' r- .?‘,.2-` d. Area of Proposed Zoning Boundary(Excluding Right of Way): =;i ,...�A 5 e. Current zoning: �';2 Requested zoning: P- I , P f. Reason(s)for rezoning and proposed use(s)of property:�� L V-C' _ - TiP A S.- ',lib 47V.J 12410 7irr� /rCJ/%7( T - . g. Conditions(if any)agreed to: h. Other pertinent information(use reverse side if necessary): Please Note: If applicant is not the owner of the property,the signature of the owner must be secured. If it is the intent to subdivide (split) any land, vacant or improved in conjunction with this request it must go through a platting process(separate from rezone request). The filing fee of$200+$10 per acre($750 max)(payable to the City of Waterloo)is required(round amount down to nearest$10 increment). This fee is non-refundable. Under no condition shall said sum or any part thereof be refunded for failure of said amendment to be enacted into law. Any major change in any of the information given will require that the request go back through the process,with a new filing fee. If the request is denied no new petition covering the same or portion of the same property shall be filed with or considered by the Planning,Programming,and Zoning Commission until four(4)months have elapsed from the date of denial by the Waterloo City Council.The undersigned certify under oath and under the penalties of perjury tha information on this request and submitted along with it is true and correct. All information submitted will 'used by Waterloo Planning, Programming, and Zoning Commission and the Waterloo City Council in ma g their deci i . The undersigned authorize City Zoning Officials to enter the propertyue stio in r s to the reques . �L_ a i5// Signature of Applicant Date Signature of Owner Date 105 Rezone "R-2" to "R-1, R-P"—Francis Grout School Site -0i . fit'- h4-, *III r . _ p ♦ -._- Y __ F.�...e`s- — _. - 1 - — _ -� —rF .-- ;yam r r sil __ � --- — _' - • - - _ 't`ta''i33�s+. iy-:�v...r ✓� TR`w.:'^ �'. Y-': 'x 'is.,rf ,0 vt • x t 9•, _ r-.. Looking east at Francis Grout School Looking southeast from Madison Street. building. Looking north from Monroe Street. 106 RESOLUTION NO. 2011-186 RESOLUTION FIXING THE TIME AND PLACE OF HEARING TO BE GIVEN ON APPLICATION OF THE CITY OF WATERLOO TO REZONE FROM "R-2" ONE AND TWO FAMILY RESIDENCE DISTRICT TO "R-1, R-P" PLANNED RESIDENCE DISTRICT APPROXIMATELY 1 . 14 ACRES GENERALLY LOCATED AT THE FORMER FRANCIS GROUT SCHOOL SITE AT 330 MADISON STREET AT THE SOUTHWEST CORNER OF IDAHO STREET AND MADISON STREET AS MARCH 28, 2011, AT 5 : 30 P.M. IN THE COUNCIL CHAMBERS IN CITY HALL AND INSTRUCTING CITY CLERK TO PUBLISH NOTICE OF HEARING. WHEREAS, the Council of the City of Waterloo, Iowa, shall meet in the Council Chambers in the City Hall in the City of Waterloo, Iowa, at 5 : 30 p.m. on the 28th day of March, 2011, for the purpose of acting upon an application of the City of Waterloo to rezone from "R-2" One and Two Family Residence District to "R- 1,R-P" Planned Residence District approximately 1 . 14 acres generally located at the former Francis Grout School site at 330 Madison Street at the southwest corner of Idaho Street and Madison Street, and legally described as follows : Lots 1 thru 4, and 15 thru 18 in Block 6 in Hillside Addition, all in the City of Waterloo, Black Hawk County, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the City Clerk is hereby directed to publish Notice of the time and place of said hearing in the Waterloo Courier. PASSED AND ADOPTED this 14th day of March, 2011. Quentin Hart, Mayor Pro ATTEST: Suzy Schales, CMC City Cler CITY OF WATERLOO , IOWA COMMUNITY PLANNING AND DEVELOPMENT ... .....• rC 715 Mulberry Street • Waterloo,Iowa 50703-5783 • (319)291-4366 Fax(319)291-4262 44Y100 `O NOEL C.ANDERSON,Community Planning&Development Director Council Communication Mayor City Council Meeting: March 14 1 p BUCK f CLARK Prepared: March 9, 2011 { I Yl�j ' f�i�l� Dept. Head Signature: # of Attachments: f9 COUNCIL MEMBERS SUBJECT: Request by the City of Waterloo to rezone approximately 7.96 acres DAVID from"R-2" One and Two Family Residence District to "R-1,R-P"Planned JONES Residence District located at the former Maywood School site at 800 Milwaukee Ward 1 Avenue, at the northeast corner of Calhoun Street and Milwaukee Avenue, and set CAROLYN a date of hearing as March 28, 2011. COLE Ward 2 Submitted by: Noel Anderson, Community Planning & Development Director HAROLD GETTY Recommended City Approval,Action: A roval, with conditions as recommended Ward 3 by the Planning, Programming and Zoning Commission. QUENTIN Summary Statement: Transmitted herewith is a request to rezone approximately HART Ward 4 7.96 acres from"R-2" One and Two Family Residence District to "R-1,R-P" Planned Residence District located at the former Maywood School site at 800 RON Milwaukee Avenue. The City is requesting to rezone this particular property to Ward 5 WELPER allow for future one and two family development at the site. Staff believes the "R- 1,R-P" Planned Residence District will help to redevelop the area for one and two BOB family housing development. Single-family homes would be ideal,with the GREENWOOD potential of twin home development. In either case,the design, layout, orientation, At-Large density, and style of homes will be highly important to ensure the development is STEVE beneficial to the surrounding neighborhood. Staff believes any development needs SCHMITT to uplift the surrounding neighborhood, not have any negative impact on it. Staff At-Large believes rezoning the land as such and placing proper conditions on future development will prevent it from having a negative impact upon the surrounding area. The "R-P" designation also gives the City of Waterloo greater levels of design review, provides for special provisions and care to be taken in site layout and design itself,to ensure compatibility to adjacent land uses. The proposed rezoning of this site is as Planned Districts to ensure that compatible and suitable development occurs upon these infill sites near already existing and established neighborhoods. Rezoning the land to a Planned Residence district is meant to make certain that: 1. The City of Waterloo has a greater level of review for these sites to ensure CITY WEBSITE: www.ci.waterbo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer the infill sites are properly redeveloped to have a positive impact on the surrounding neighborhoods. 2. That the surrounding neighbors have a greater level of public input for the redevelopment of these sites. Many of these residents have lived and invested in these areas for a long period of time, and it is in their interest that the transition from school sites to other residential sites is done in a way that is beneficial to their homes. It is proposed that prior to the approval of any specific development plan, conditions on the approval will be required, including limiting the type of development to single-family homes and possibly twin homes if appropriate,restricting the minimum lot size and lot width to be compatible with the neighborhood, and restricting designs, such as requirements for attached garages, number of stories, and minimum finished areas. The Future Land Use Map designates this area as Low Density Residential, which would allow for the redevelopment of the site for single-family, and possibly two family residences. The rezone area is located within the Primary Growth Area. At their March 1,2011 Planning, Programming and Zoning Commission meeting,the Planning and Zoning Commission unanimously recommended approval of the rezone request, subject to the following condition(s): 1. That the development be restricted to single-family dwellings, with the potential for two-family dwellings. 2. That the development will be highly scrutinized to provide a higher level of design and livability by the City of Waterloo in the following, but not limited to, categories: a. Design of homes for curb appeal,number of stories, setbacks, etc. b. Orientation, size, house density-to-lot ratio, and layout of lots. c. Amenities of homes such as garages, fencing, finished areas, green space, etc. d. Relationship and positive impact on existing and surrounding development. Please find attached a staff report, aerial photo, and legal description, detailing the area in question. Therefore, we request the City Council set a date of public hearing on the rezoning request as March 28,2011, and publish an official notice pertinent to the requested rezoning. 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 Alternative: N/A Background Information: Legal Description: Lots, 5, 6, 15 and 16, Maywood Third Addition, and That part of Dearborn Street in Maywood Third Addition, in Black Hawk County, Iowa lying East of Milwaukee Avenue, being that part of Dearborn Street abutting on Lots Nos. 6 and 15 in Maywood Third Addition, and A tract of land in Section 29, Township 89 North, Range 12 West of the Fifth Principal Meridian, described as commencing at a point on the North and South center line of said section that is 25 feet South of the center point of said section; thence East 330 feet on a line parallel with the East and West center line of said section; thence South 610 feet on a line parallel with the North and South center line of said section;thence West 330 feet to a point on the North and South center line of said section that is 635 feet South of the center of said section; thence North along such center line of said section 610 feet to the point of beginning, all in the City of Waterloo, Black Hawk County, State of Iowa NA:to cc: Aric Schroeder, City Planner Eric Thorson, City Engineer --file-- March 1,2011 REQUEST: REQUEST BY THE CITY OF WATERLOO TO REZONE 7.96 ACRES AT THE FORMER MAYWOOD SCHOOL SITE, LOCATED AT 800 MILWAUKEE AVENUE, FROM "R-2" ONE AND TWO FAMILY RESIDENCE DISTRICT TO "R-1,R-P" PLANNED RESIDENCE DISTRICT. APPLICANT: City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703 GENERAL The applicant is requesting to rezone the property at 800 Milwaukee DESCRIPTION: Avenue from "R-2" to "R-1,R-P" to allow for future one and two family development at the site. Currently, the site is zoned as "R-2", which allows for one and two family development, however with higher density levels. Tri-County Development Council, who currently operates a Head-Start Program from the site, has proposed to acquire a portion of the site from the schools. The existing building may remain for the continued use for Head-Start. There is no proposed project for the redevelopment of the site. IMPACT ON Staff believes the "R-1,R-P" Planed Residence District will help to NEIGHBORHOOD & redevelop the area for one and two family housing development. SURROUNDING Single-family homes would be ideal, with the potential of twin home LAND USE: development, due to the existence of other multiple family dwellings in the area. In either case, the design, layout, orientation, density, and style of homes will be highly important to make certain that any new development is beneficial to the surrounding neighborhood. Staff believes any development needs to uplift the surrounding neighborhood, not have any negative effect on it. Staff believes rezoning the land as such and placing proper conditions on future development will prevent it from having a negative impact upon the surrounding area. VEHICULAR & The site is located along the east side of Milwaukee Avenue, which PEDESTRIAN is classified as a Local Street. Calhoun Street borders the south TRAFFIC edge of the property, and is classified as a Local Street. Dearborn CONDITIONS: Avenue intersects Milwaukee Avenue just west of the site, and it is classified as a Local Street. It would appear that the development of the land in question as one and two family residences would not have a negative impact upon vehicular and pedestrian traffic in the area. There are no public sidewalks located along any of the nearby streets. RELATIONSHIP TO The nearest recreational trail would be the south segment of Martin RECREATIONAL Luther King, Jr. Recreational Trail that is located approximately a ''/z TRAIL PLAN: mile to the north along the east side of Northeast Drive. ZONING HISTORY The building located at 800 Milwaukee Avenue is zoned "R-2" One FOR SITE AND and Two Family Residence District, and has been zoned as such IMMEDIATE VICINITY: since the adoption of the Zoning Ordinance on February 3, 1969. Surrounding land uses and their zoning are as follows: North — Low Density residential development and open agricultural land, zoned "R-2" One and Two Family Residence District. South One and Two Family Residences, zoned "R-2" One and Two 3.1.11 Rezone R2&R2CZ—Maywood School Page 1 of 4 107 March 1,2011 Family Residence District. East — One and Two Family Residences, zoned "R-2" One and Two Family Residence District. West One and Two Family Residencesent, zoned "R-2" One and Two Family Residence District. DEVELOPMENT The surrounding area consists predominantly low-density residential HISTORY: uses in the adjacent, nearby areas, with development occurring from the 1940s to the 1990s. BUFFERS! SCREENING Rezoning of the land in question would not require any additional REQUIRED: buffering or screening. DRAINAGE: Rezoning of the land would not have a negative impact upon the surrounding area. FLOODPLAIN: The area in question is not located within a Special Flood Hazard area as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 190025 and Panel Number 0008, dated July 3, 1985. PUBLIC /OPEN The former Maywood School, which was constructed in the 1970s, SPACES! SCHOOLS: was used by the Waterloo Community School District as an elementary school. The school has not served as an elementary school for quite some time, and has been used for other district activities, such as the Head Start Program. Highland Elementary School and the former McKinstry Elementary School are located approximately 1.5 miles to the north and west at the intersection of Idaho Street and Independence Avenue. Maywood Park is located 1 block to the south. UTILITIES: WATER, SANITARY SEWER, 8" sanitary sewer is located within Calhoun Street to the south and STORM SEWER, ETC. Short Street to the east. There is also an 8" sanitary sewer located on the northeast portion of the site in question within a 30' sanitary sewer easement. There is no storm sewer located within the immediate area. The surrounding area is also served by other utilities such as water, telephone, gas, cable, etc. RELATIONSHIP TO The Future Land Use Map designates this area as Parks, Open COMPREHENSIVE Spaces, Schools, Airport, Government Facilities, and Public Areas. LAND USE PLAN: It may be necessary to amend the Future Land Use Map in the future to reflect the site as Low Density Residential. The rezone area is located within the Primary Growth Area. STAFF ANALYSIS — The proposed rezone consists of approximately 7.96 acres located ZONING at the former Maywood School site, at the intersection of ORDINANCE: Milwaukee Avenue and Calhoun Street. Currently, the City of Waterloo is taking proactive steps on several infill development sites within the community. Utilizing infill development sites within developed portions of the City where existing infrastructure is readily available is a Smart Growth Practice, and the installation and extension of utilities to serve any new development would be 3.1.11 Rezone R2&R2CZ—Maywood School Page 2 of 4 108 March 1,2011 minimal, saving on future maintenance costs for the City. The proposed rezoning for all of these sites are as Planned Districts to ensure that compatible and suitable development occurs upon these infill sites near already existing and established neighborhoods. Rezoning the land to a Planned Residence district is meant to make certain that: 1. The City of Waterloo has a greater level of review for these sites to ensure the infill sites are properly redeveloped to have a positive impact on the surrounding neighborhoods. 2. That the surrounding neighbors have a greater level of public input for the redevelopment of these sites. Many of these residents have lived and invested in these areas for a long period of time, and it is in their interest that the transition from school sites to other residential sites is done in a way that is beneficial to their homes. All of the sites are primarily located within the developed portion of the City of Waterloo, the Primary Growth Area as designated by the City of Waterloo Comprehensive Plan. This particular location at Maywood School is located on the fringe of the developed portion of the City, however, all necessary utilities to serve the site are located within the area. Also, this particular site is located within the CURA incentive district, so the City of Waterloo has taken prior steps to help in their redevelopment. These designations also indicate a need for proper redevelopment so as to not upset the delicate nature of some neighborhoods, and ensure they continue to move forward in a positive manner. It is staff's goal that any redevelopment of these areas represent the best possible infill homes to each area. Staff would like to see new construction with compatible or better designs, compatible or bigger yards, more home amenities, and compatible or bigger houses. These sites need to uplift the neighborhoods, and make surrounding neighbors encouraged with their redevelopment, and secure that it is helping their property values and future investments in their own homes. The City of Waterloo Leisure Services Department has reviewed all of the sites to recommend they are eligible for redevelopment. This is due to other park areas and open spaces being in close proximity. The "R-1-R-P" designation suggests a lower level of density, as the underlying "R-1" designation is the lowest density level in the City of Waterloo, with lots at least 9,000 SF in area, widths of at least 75', and greater setbacks for buildings. The "R-P" designation also gives the City of Waterloo greater levels of design review, provides for special provisions and care to be taken in site layout and design itself, to ensure compatibility to adjacent land uses, including screening, landscaping, building design, etc. It also provides for greater levels of public input, as any development would be required to be reviewed by the Planning, Programming and Zoning Commission and subsequently the City 3.1.11 Rezone R2&R2CZ—Maywood School Page 3 of 4 109 March 1,2011 Council after recommendation in lieu thereof. It is for the explicit reasons of making this a high quality development that this is proposed to being rezoned. It is proposed that prior to the approval of any specific development plan, conditions on the approval will be required, including limiting the type of development to single-family homes and possibly twin homes if appropriate, restricting the minimum lot size and lot width to be compatible with the neighborhood, and restricting designs, such as requirements for attached garages, number of stories, and minimum finished areas. STAFF ANALYSIS — SUBDIVISION There is no platting required for this request, but platting may be ORDINANCE: required when the area is developed. STAFF Therefore, staff recommends that the request to rezone from "R-2" RECOMMENDATION: One and Two Family Residence District to "R-1,R-P" Planned Residence District be approved for the following reasons: 1. The request is in conformance with the Comprehensive Plan for this area through its differing district requests and the areas designated on the Future Land Use Map, as well as planned development in a Primary Growth Area. 2. The site in question would appear to provide sufficient space to meet all required regulations including setbacks, drainage, landscaping, screening, etc. 3. The proposed rezone area is already served by all necessary utilities. 4. The areas requested are all planned districts, to allow for the orderly development of land and to ensure to the citizenry and City of Waterloo that development will occur as planned and approved, as well as providing for compatibly deigned development near neighboring development and districts. 5. The request contains all the necessary information as required by the City of Waterloo Zoning Ordinance. And subject to the following condition(s): 1. That the development will be highly scrutinized to provide a higher level of design and livability by the City of Waterloo in the following, but not limited to, categories: a) Design of homes for curb appeal, number of stories, setbacks, etc. b) Orientation, size, house density-to-lot ratio, and layout of lots c) Amenities of homes such as garages, fencing, finished areas, green space, etc. d) Relationship and positive impact on existing and surrounding development 3.1.11 Rezone R2&R2CZ—Maywood School Page 4 of 4 110 Request to rezone approximately 7.96 acres from _ �t "R-2" One and Two Family Residence District to 'R-1 ,R-P" Planned Residence District t- ate_ C- F ` w 4 3 • Area in Question Butler Avenue � E_ _ i =,-'1r2.2 e // J / - -- / , '. n 5 y x _ t Y 3 . , ;_ 77 // Dearborn Avenue / . --mod F r i . / �: 4 , -7 , .. �� Former Maywood School 800 Milwaukee Avenue I 1 -tg- l j / j' F_ ___ Calhoun Street it. _ i . e F g fry. ��a J n N 1 ' q ,, R 200 100 0 200 iFeet "1 Plat Map — Former Maywood School Site Rezone vie ..., . C,E/, a....,- v COTTAGE GROVE ; AVENUE r aI, M SD ly 1 ie � I IC w 30' Sanitary Sewer Easement w UJ a { w, > aQ , ?it 6 m 8"Sanitary Sewer I Milwaukee Avenue - y .; 1 ,, / I� I INN. t IFZ � Site in Question , f. AVE.DEAR BORN— eF a ,. eta_ ,., !,J N.ID V _� 8"Sanitary Sewer 1 1 Y F Or k G Ulq q 8"Sanitary Sewer .' \, T,RE_E,, T h ° aaa f� ;rx�'•�.. GA�}}L��I-OUN F )zrs• ,-.s.a � r>«•>o E -/:a 4 Fuse °' ee/s7 o-1 ©P P.I,?. 4'S89 lay fi$eB?«2 ell NL `r-9'1 €74 3�VR imY DEOIUTED 4 D•+8ETwTEro m.LINE uar weOD B E.LINE ExOBT 4E5.I183648 1 112 APPLICATION FOR REZONING CITY OF WATERLOO PLANNING,PROGRAMMING, AND ZONING COMMISSION WATERLOO, IOWA 319.291.4366 1.APPLICATION INFORMATION: 2 /// ,'"=_ a. Applicants name(pleas print):_ ,,h 46 G L �r;'!dd Address: 7/5 ///ei '< Phone: :..,7`1--4' bt Fax: City: `,(A o State: /,Q Zip: '76 3 b. Status of applicant:(a)Owner t/(b)Other (CHECK ONE): If other explain: c. Property owner's name if different than above(please print): Address: Phone: Fax: City: State: Zip: 2.PROPERTY INFORMATION: a. General location of property to be rezoned: ATI ///<<u4-rr/rr lijF 6-771i1 ,4)‘.,,,,-, c Yf,t ; b. Legal description of property to be rezoned: 1?, �7f/,,.1 c. Dimensions of Proposed Zoning Boundary(Excluding Right of Way): ,-:7-:- -A- /O d. Area of Proposed Zoning Boundary(Excluding Right of Way): 7 ![ :l'.P.ZS- e. Current zoning: ''1 Requested zoning: /2-�. k'- P f. Reason(s)for rezoning and proposed use(s)of property: F X'V  �r-r` /J 5- g. Conditions(if any)agreed to: h. Other pertinent information(use reverse side if necessary): Please Note: If applicant is not the owner of the property,the signature of the owner must be secured. if it is the intent to subdivide (split) any land, vacant or improved in conjunction with this request it must go through a platting process(separate from rezone request). The filing fee of$200+$10 per acre($750 max)(payable to the City of Waterloo)is required(round amount down to nearest$10 increment). This fee is non-refundable. Under no condition shall said sum or any part thereof be refunded for failure of said amendment to be enacted into law. Any major change in any of the information given will require that the request go back through the process,with a new filing fee. If the request is denied no new petition covering the same or portion of the same property shall be filed with or considered by the Planning,Programming,and Zoning Commission until four(4)months have elapsed from the date of denial by the Waterloo City Council. The undersigned certify under oath and under the penalties of perjury that_ information on this request and submitted along with it is true and correct. All information submitted will used by Waterloo Planning, Programming, and Zoning Commission and the Waterloo City Council in g their deci i . The undersigned authorize City Zoning Officials to enter the propertyyquestion in s to the reques. �. s./1 Signature of Applicant Date Signature of Owner Date 113 Rezone "R-2" to "R-1, R-P"—Maywood School Site Looking northeast from the intersection of Dearborn Avenue and Milwaukee Avenue. 114 RESOLUTION NO. 2011-187 RESOLUTION FIXING THE TIME AND PLACE OF HEARING TO BE GIVEN ON APPLICATION OF THE CITY OF WATERLOO TO REZONE FROM "R-2" ONE AND TWO FAMILY RESIDENCE DISTRICT TO "R-1, R-P" PLANNED RESIDENCE DISTRICT APPROXIMATELY 7 . 96 ACRES GENERALLY LOCATED AT THE FORMER MAYWOOD SCHOOL SITE AT 800 MILWAUKEE AVENUE AT THE NORTHEAST CORNER OF CALHOUN STREET AND MILWAUKEE AVENUE, AS MARCH 28, 2011, AT 5 : 30 P.M. IN THE COUNCIL CHAMBERS IN CITY HALL AND INSTRUCTING CITY CLERK TO PUBLISH NOTICE OF HEARING. WHEREAS, the Council of the City of Waterloo, Iowa, shall meet in the Council Chambers in the City Hall in the City of Waterloo, Iowa, at 5 : 30 p.m. on the 28th day of March, 2011, for the purpose of acting upon an application of the City of Waterloo to rezone from "R-2" One and Two Family Residence District to "R- 1, R-P" Planned Residence District approximately 7 . 96 acres generally located at the former Maywood School site at 800 Milwaukee Avenue at the northeast corner of Calhoun Street and Milwaukee Avenue, and legally described as follows : Lots 5, 6, 15 and 16, Maywood Third Addition, and That part of Dearborn Street in Maywood Third Addition, in Black Hawk County, Iowa lying East of Milwaukee Avenue, being that part of Dearborn Street abutting on Lots Nos. 6 and 15 in Maywood Third Addition, and A tract of land in Section 29, Township 89 North, Range 12 West of the Fifth Principal Meridian, described as commencing at a point on the North and South center line of said section that is 25 feet South of the center point of said section; thence East 330 feet on a line parallel with the East and West center line of said section; thence South 610 feet on a line parallel with the North and South center line of said section; thence West 330 feet to a point on the North and South center line of said section that is 635 feet South of the center of said section; thence North along such center line of said section 610 feet to the point of beginning, all in the City of Waterloo, Black Hawk County, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the City Clerk is hereby directed to publish Notice of the time and place of said hearing in the Waterloo Courier. PASSED AND ADOPTED this 14th day of March, 2011. Quentin Hart, Mayor Pro Tem ATTEST: c1/3 Suzy Scha es, CM City Clerk nFL CITY OF WATERLOO , IOWA eimitirP 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 0C4) Council Communication Mayor City Council Meeting: March 14 1 BUCK Prepared: March 9, 2011 ' y CLARK Dept. Head Signature:` `+^" +� ��/ 0 # of Attachments: COUNCIL MEMBERS SUBJECT: Request by the City of Waterloo to rezone approximately 1.12 acres DAVID from"R-3"Multiple Residence District to "R-1,R-P"Planned Residence District, JONES located at the Williston Field site at the northeast corner of Williston Avenue and Ward 1 West 7th Street, and set a date of hearing as March 28, 2011. CAROLYN COLE Submitted by: Noel Anderson, Community Planning& Development Director Ward 2 HAROLD Recommended City Council Action: Approval, with conditions as recommended GETTY by the Planning, Programming and Zoning Commission. Ward 3 Summary Statement: Transmitted herewith is a request to rezone approximately QHARTTIN 1.12 acres from"R-3" Multiple Residence District to "R-1,R-P" Planned Ward 4 Residence District, located at the Williston Field site at the northeast corner of Williston Avenue and West 7th Street. The City is requesting to rezone this RON particular property to allow for future one and two family development at the site. W dSER Staff believes the "R-I,R-P" Planned Residence District will help to redevelop the area for one and two family housing development. Single-family homes would be BOB ideal, with the potential of twin home development. In either case, the design, GREENWOOD layout, orientation, density, and style of homes will be highly important to ensure At-Large the development is beneficial to the surrounding neighborhood. Staff believes any STEVE development needs to uplift the surrounding neighborhood, not have any negative SCHMITT impact on it. Staff believes rezoning the land as such and placing proper At-Large conditions on future development will prevent it from having a negative impact upon the surrounding area. The "R-P" designation also gives the City of Waterloo greater levels of design review,provides for special provisions and care to be taken in site layout and design itself,to ensure compatibility to adjacent land uses. The proposed rezoning of this site is as Planned Districts to ensure that compatible and suitable development occurs upon these infill sites near already existing and established neighborhoods. Rezoning the land to a Planned Residence district is meant to make certain that: 1. The City of Waterloo has a greater level of review for these sites to ensure the infill sites are properly redeveloped to have a positive impact on the CITY WEBSITE: wwwci.waterbo.ia.us WE'RE WORKING FOR YOU! 1111 An Equal Opportunity/Affirmative Action Employer surrounding neighborhoods. 2. That the surrounding neighbors have a greater level of public input for the redevelopment of these sites. Many of these residents have lived and invested in these areas for a long period of time, and it is in their interest that the transition from school sites to other residential sites is done in a way that is beneficial to their homes. It is proposed that prior to the approval of any specific development plan, conditions on the approval will be required, including limiting the type of development to single-family homes and possibly twin homes if appropriate,restricting the minimum lot size and lot width to be compatible with the neighborhood, and restricting designs, such as requirements for attached garages, number of stories, and minimum finished areas. The Future Land Use Map designates this area as Low Density Residential,which would allow for the redevelopment of the site for single-family, and possibly two family residences. The rezone area is located within the Primary Growth Area. At their March 1, 2011 Planning, Programming and Zoning Commission meeting,the Planning and Zoning Commission unanimously recommended approval of the rezone request, subject to the following condition(s): 1. That the development be restricted to single-family dwellings, with the potential for two-family dwellings. 2. That the development will be highly scrutinized to provide a higher level of design and livability by the City of Waterloo in the following, but not limited to, categories: a. Design of homes for curb appeal, number of stories, setbacks, etc. b. Orientation, size, house density-to-lot ratio, and layout of lots. c. Amenities of homes such as garages, fencing, finished areas, green space, etc. d. Relationship and positive impact on existing and surrounding development. Please find attached a staff report, aerial photo, and legal description, detailing the area in question. Therefore, we request the City Council set a date of public hearing on the rezoning request as March 28,2011, and publish an official notice pertinent to the requested rezoning. 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 Alternative: N/A Background Information: Legal Description: Lot No. 3 in Auditor Francis' Dry Run Plat in the City of Waterloo, excepting the South 30 feet thereof heretofore conveyed to the City of Waterloo, Iowa, for street purposes. NA.to cc: Aric Schroeder, City Planner Eric Thorson,City Engineer --file-- March 1,2011 REQUEST: REQUEST BY THE CITY OF WATERLOO TO REZONE 1.12 ACRES AT WILLISTON FIELD, LOCATED NORTH OF WILLISTON AVENUE BETWEEN WEST 7TH AND ALLEN STREETS, FROM "R- 3" MULTIPLE RESIDENCE DISTRICT TO "R-1,R-P" PLANNED RESIDENCE DISTRICT. APPLICANT: City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703 GENERAL The applicant is requesting to rezone the property in question from DESCRIPTION: "R-3" to "R-1,R-P" allow for future one and two family development at the site. Currently, the site is zoned as "R-3", which allows for multiple residences with higher density levels. The City of Waterloo is looking to acquire this property from the schools, but there is no proposed project at this time to redevelop the site. IMPACT ON Staff believes the "R-1 ,R-P" Planed Residence District will help to NEIGHBORHOOD & redevelop the area for one and two family housing development. SURROUNDING Single-family homes would be ideal, with the potential of twin home LAND USE: development, due to the existence of other multiple family dwellings in the area. In either case, the design, layout, orientation, density, and style of homes will be highly important to make certain that any new development is beneficial to the surrounding neighborhood. Staff believes any development needs to uplift the surrounding neighborhood, not have any negative effect on it. Staff believes rezoning the land as such and placing proper conditions on future development will prevent it from having a negative impact upon the surrounding area. VEHICULAR & The site is located along the north side of Williston Avenue between PEDESTRIAN West 7th Street, Allen Street and Pleasant Street. Williston Avenue TRAFFIC is classified as a Minor Arterial, and West 7th, Allen and Pleasant CONDITIONS: Streets are classified as Local Streets. There is public sidewalk located along Williston Avenue, the north side of Pleasant Street and the west side of West 7th Street. It would appear that the rezone request would not have a negative impact upon vehicular and pedestrian traffic within the area, and the site would have high accessibility for pedestrians. Sidewalk extensions should be required for any future development along the south side of Pleasant Street and the east side of West 7th Street. RELATIONSHIP TO RECREATIONAL There are no recreational trails located within the nearby vicinity. TRAIL PLAN: ZONING HISTORY The site in questions is zoned "R-2" One and Two Family Residence FOR SITE AND District, and has been zoned as such since the adoption of the IMMEDIATE VICINITY: Zoning Ordinance on February 3, 1969. Surrounding land uses and their zoning are as follows: North Multiple Family Residences, zoned "R-3" Multiple Residence District. South One and Two Family Residences, zoned "R-2" One and Two Family Residence District, and Multiple Family Residence and 3.1.11 Rezone R3 to R1RP—Williston Field Page 1 of 4 115 March 1,2011 commercial uses, located further to the east. East— One and Two Family Residences, zoned "R-3" Multiple Residence District. West One and Two Family Residences, zoned "R-3" Multiple Residence District. DEVELOPMENT The surrounding area consists low-density and multiple family HISTORY: residential uses and some light commercial uses, nearby areas, with development occurring from the 1910s to the 1960s. BUFFERS/ SCREENING Rezoning of the land in question would not require any additional REQUIRED: buffering or screening. DRAINAGE: Rezoning of the land would not have a negative impact upon the surrounding area. FLOODPLAIN: The area in question is not located within any Special Flood Hazard area as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 190025 and Panel Number 0012, dated July 3, 1985. PUBLIC /OPEN The Williston Field was established as an open space associated SPACES/ SCHOOLS: with the former West Intermediate Middle School, which was closed and replaced with the new Irving Elementary. The nearest school is the new Irving Elementary School at the intersection of West 5th Street and Baltimore Street, west of the area. Leavitt Triangle Park is located 2 blocks to the east at the intersection of Williston Avenue and West 9th Street. Liberty Park is located 4 blocks to the south on the south side of Byron Avenue. UTILITIES: WATER, SANITARY SEWER, 8" sanitary sewer is located within West 7th Street to the west, along STORM SEWER, ETC. with a 36" sanitary sewer line that parallels it. The Dry Run Creek sewer storm sewer is located under Allen Street to the east of the site, and there is a 15" storm sewer line within Pleasant Street to the north. RELATIONSHIP TO The Future Land Use Map designates this area as Parks, Open COMPREHENSIVE Spaces, Schools, Airport, Government Facilities, and Public Areas. LAND USE PLAN: It may be necessary to amend the Future Land Use Map in the future to reflect the site as Low Density Residential. The rezone area is located within the Primary Growth Area. STAFF ANALYSIS — The proposed rezone consists of approximately 1.12 acres located ZONING at the Williston Field site, located along the north side of Williston ORDINANCE: Avenue between West 7th and Allen Streets. Currently, the City of Waterloo is taking proactive steps on several infill development sites within the community. Utilizing infill development sites within developed portions of the City where existing infrastructure is readily available is a Smart Growth Practice, and the installation and extension of utilities to serve any new development would be minimal, saving on future maintenance costs for the City. The proposed rezoning for all of these sites are as Planned Districts to 3.1.11 Rezone R3 to R1 RP-W lliston Field Page 2 of 4 116 March 1,2011 ensure that compatible and suitable development occurs upon these infill sites near already existing and established neighborhoods. Rezoning the land to a Planned Residence district is meant to make certain that: 1. The City of Waterloo has a greater level of review for these sites to ensure the infill sites are properly redeveloped to have a positive impact on the surrounding neighborhoods. 2. That the surrounding neighbors have a greater level of public input for the redevelopment of these sites. Many of these residents have lived and invested in these areas for a long period of time, and it is in their interest that the transition from school sites to other residential sites is done in a way that is beneficial to their homes. All of the sites are primarily located within the developed portion of the City of Waterloo, the Primary Growth Area as designated by the City of Waterloo Comprehensive Plan. This particular location at Williston Field is located within the core of the developed portion of the City, and all necessary utilities to serve the site are located within the area. Also, this particular site is located within the CURA tax incentive district, so the City of Waterloo has taken prior steps to help in the redevelopment of the site. These designations also indicate a need for proper redevelopment so as to not upset the delicate nature of some neighborhoods, and ensure they continue to move forward in a positive manner. It is staff's goal that any redevelopment of these areas represent the best possible infill homes to each area. Staff would like to see new construction with compatible or better designs, compatible or bigger yards, more home amenities, and compatible or bigger houses. These sites need to uplift the neighborhoods, and make surrounding neighbors encouraged with their redevelopment, and secure that it is helping their property values and future investments in their own homes. The City of Waterloo Leisure Services Department has reviewed all of the sites to recommend they are eligible for redevelopment. This is due to other park areas and open spaces being in close proximity. The "R-1-R-P" designation suggests a lower level of density, as the underlying "R-1" designation is the lowest density level in the City of Waterloo, with lots at least 9,000 SF in area, widths of at least 75', and greater setbacks for buildings. The "R-P" designation also gives the City of Waterloo greater levels of design review, provides for special provisions and care to be taken in site layout and design itself, to ensure compatibility to adjacent land uses, including screening, landscaping, building design, etc. It also provides for greater levels of public input, as any development would be required to be reviewed by the Planning, Programming and Zoning Commission and subsequently the City Council after recommendation in lieu thereof. It is for the explicit reasons of making this a high quality development that this is 3.1.11 Rezone R3 to R1 RP—Winston Field Page 3 of 4 117 March 1,2011 proposed to being rezoned. It is proposed that prior to the approval of any specific development plan, conditions on the approval will be required, including limiting the type of development to single-family homes and possibly twin homes if appropriate, restricting the minimum lot size and lot width to be compatible with the neighborhood, and restricting designs, such as requirements for attached garages, number of stories, and minimum finished areas. STAFF ANALYSIS — SUBDIVISION There is no platting required for this request, but platting may be ORDINANCE: required when the area is developed. STAFF Therefore, staff recommends that the request to rezone from "R-3" RECOMMENDATION: Multiple Residence District to "R-1 ,R-P" Planned Residence District be approved for the following reasons: 1. The request is in conformance with the Comprehensive Plan for this area through its differing district requests and the areas designated on the Future Land Use Map, as well as planned development in a Primary Growth Area. 2. The site in question would appear to provide sufficient space to meet all required regulations including setbacks, drainage, landscaping, screening, etc. 3. The proposed rezone area is already served by all necessary utilities. 4. The areas requested are all planned districts, to allow for the orderly development of land and to ensure to the citizenry and City of Waterloo that development will occur as planned and approved, as well as providing for compatibly deigned development near neighboring development and districts. 5. The request contains all the necessary information as required by the City of Waterloo Zoning Ordinance. And subject to the following condition(s): 1. That the development will be highly scrutinized to provide a higher level of design and livability by the City of Waterloo in the following, but not limited to, categories: a) Design of homes for curb appeal, number of stories, setbacks, etc. b) Orientation, size, house density-to-lot ratio, and layout of lots c) Amenities of homes such as garages, fencing, finished areas, green space, etc. d) Relationship and positive impact on existing and surrounding development 3.1.11 Rezone R3 to R1 RP—Williston Field Page 4 of 4 118 /.- Request to rezone approximately 1 . 12 acres from f• "R-3" Multiple Residence District to 4 "R-1 ,R-P" Planned Residence District a, Area in Question F , r� r ugh a - Pleasant Street C F' T `.. , -fir �i .£ / r - V Ii` / / _ r 7 -- V ; - 'VFW'VIP' , i ' 3� x T / Fv } r :7- :---‘ — ' 1 - - A ,, . , ill .1,,, , /-/ /// _ , . - - . _ , ‘ ,.. i , - ,. .. .. a: r - i . Williston-Avenue ,r ?"%,-- 4- ' -'-' ' ' - N - _ r---- r.,_, _____.--,,o, ., .,--:. , _ ,_ , __ ..... , 4.- . /_ c -� s� - - F - _- 1' i ,; -4' - .\ t 100 , ,,. . ..At Feet � —_ - . -. - _ yam . -,eta. i kEY i.< 4 •-A�"� , - - - Plat Map — Williston Field Site Rezone - ', - ..,''' ' in) tl ' ' ' / I 0 71 /200 3z 0 p 90 �Oce_ /-, 15"Storm Sewer J/00 W. 17'113' I 1 63\I et 1 to to \-: ko to I 7a_�� 8"Sanitary Sewer 3 //0Z 30' co a 'n 36" Sanitary Sewer ol /c i 1 v!1 /la/ //Dc o 1 f U /218 �. 0 D /709 //a? } 1 �ckI /z• RUp ( T ' FR jivcis ` toI IC/2 /di3 ///2 i N l N il /Z/6 4, ' /eii //,f to 1 a r2i �•71 ' ro _ ///8 0 k I W Site in Question I w�I to 17P0 /�?/ //20 F. w n (1 /22 d "•� /?73 //2z o W 4} a S a ,,--z¢ /za- /i?f 0 > o Y , a ,IAn , r a , IA /2P7 //?C ii i 1 1° /a89 //e8 ,� ii /zyo a /.?Jy //ad t 6 Q m T 4772 F /c'73 Dry Run Sewer /2s11 /asv-- //3A - /2d4- /277 //3G 1111� Ma 8 0` o Q o ` ::' 40 _._I I Igo •„,�9 /39.6 °� b� t/32 013' 30' 1 S.5 6 :\ 1 120 APPLICATION FOR REZONING CITY OF WATERLOO PLANNING, PROGRAMMING, AND ZONING COMMISSION WATERLOO, IOWA 319.291.4366 1.APPLICATION INFORMATION: / '- a. Applicant's name(pleas. print): L',Z- `` T. °W2., Address: ?/- z v zC//', -- Phone: 4 h6 Fax: City: ,( r-,e,'1,6 ,State: /,4 Zip: •.. )72-5 b. Status of applicant:(a)Owner 4/(b)Other (CHECK ONE): If other explain: c. Property owner's name if different than above(please print): Address: Phone: Fax: City: State: Zip: 2.PROPERTY INFORMATION: a. General location of property_4o be rezoned: ;/ z�; j,,, ,;J tLf? G u -rn J -j`pY 'L'7 `i - / r1f r , ., b. Legal description of property to be rezoned: ,-�," -:,� �-,.r.v ; - f ,»,� ;�,�.,/; i;r.4i Stu Al n%r ,;=, f«,. .v- Sri{l -ry c. Dimensions of Proposed Zoning Boundary(Excluding Right of Way): ;:z- /....7-5 ,r .;/-/ d. Area of Proposed Zoning Boundary(Excluding Right of Way): / /-7 . ,•, S- e. Current zoning: -'' Requested zoning: R-i , 1?P f. Reason(s)for rezoning and proposed use(s)of property: F V6 ,�j� A c .0I/G v0 �ctj 7i4� /tGf i(�/77/�� . g. Conditions(if any)agreed to: h. Other pertinent information(use reverse side if necessary): Please Note: If applicant is not the owner of the property, the signature of the owner must be secured. If it is the intent to subdivide (split) any land, vacant or improved in conjunction with this request it must go through a platting process (separate from rezone request). The filing fee of$200 +$10 per acre($750 max)(payable to the City of Waterloo)is required(round amount down to nearest$10 increment). This fee is non-refundable. Under no condition shall said sum or any part thereof be refunded for failure of said amendment to be enacted into law. Any major change in any of the information given will require that the request go back through the process,with a new filing fee. If the request is denied no new petition covering the same or portion of the same property shall be filed with or considered by the Planning,Programming,and Zoning Commission until four(4)months have elapsed from the date of denial by the Waterloo City Council. The undersigned certify under oath and under the penalties of perj tla information on this request and submitted along with it is true and correct. All information submitted will used by Waterloo Planning, Programming, and Zoning Commission and the Waterloo City Council in m g their deci i . The undersigned authorize City Zoning Officials to enter the property t estio in s to the reques . Signature of App icant Date Signature of Owner Date 121 Rezone "R-3" to "R-1, R-P"— Williston Field Site .4 .-_- ♦:. as _ --a}.r^Mr�.uv-��-s-` ��• �r ... Toms.. " 3 - - •i _ Looking south from the intersection of 7th Looking north from intersection of 7th Street and Williston Avenue. Street and Pleasant Street. 122 RESOLUTION NO. 2011-188 RESOLUTION FIXING THE TIME AND PLACE OF HEARING TO BE GIVEN ON APPLICATION OF THE CITY OF WATERLOO TO REZONE FROM "R-3" MULTIPLE RESIDENCE DISTRICT TO "R-1,R-P" PLANNED RESIDENCE DISTRICT APPROXIMATELY 1 . 12 ACRES GENERALLY LOCATED AT THE WILLISTON FIELD SITE AT THE NORTHEAST CORNER OF WILLISTON AVENUE AND WEST 7TH STREET, AS MARCH 28, 2011, AT 5 : 30 P.M. IN THE COUNCIL CHAMBERS IN CITY HALL AND INSTRUCTING CITY CLERK TO PUBLISH NOTICE OF HEARING. WHEREAS, the Council of the City of Waterloo, Iowa, shall meet in the Council Chambers in the City Hall in the City of Waterloo, Iowa, at 5 : 30 p.m. on the 28th day of March, 2011, for the purpose of acting upon an application of the City of Waterloo to rezone from "R-3" Multiple Residence District to "R-1, R-P" Planned Residence District approximately 1 . 12 acres generally located at the Williston Field site at the northeast corner of Williston Avenue and West 7th Street, and legally described as follows : Lot No. 3 in Auditor Francis' Dry Run Plat in the City of Waterloo, excepting the South 30 feet thereof heretofore conveyed to the City of Waterloo, Iowa, for street purposes, all in the City of Waterloo, Black Hawk County, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the City Clerk is hereby directed to publish Notice of the time and place of said hearing in the Waterloo Courier. PASSED AND ADOPTED this 14th day of March, 2011 . Quentin Hart, Mayor Pro Tem ATTEST: Suzy Schar s, CMC City Clerk A_ �i. �. CITY OF WATERLOO , IOWA / ril91P. 4.11.111111 COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319)291-4366 Fax(319)291-4262 ferloo NOEL C.ANDERSON,Community Planning&Development Director 0 Council Communication Mayor City Council Meeting: March 14 BUCK � Prepared: March 9, 2011 F11 • j110 II/E,t' CLARK Dept. Head Signatufe: ' # of Attachments: COUNCIL MEMBERS SUBJECT: Request by the City of Waterloo to rezone approximately 3.52 acres DAVID from"R-2"One and Two Family Residence District to "R-I,R-P" Planned JONES Residence District, located at the former Irving Elementary School site at 728 Ward 1 Hawthorne Avenue, located at the southwest corner of West 6th Street and CAROLYN Hawthorne Avenue, and set a date of hearing as March 28, 2011. COLE Ward 2 Submitted by: Noel Anderson, Community Planning&Development Director HAROLD GETTY Recommended City Council Action: Approval, with conditions as recommended Ward 3 by the Planning, Programming and Zoning Commission. HARTTIN Summary Statement: Transmitted herewith is a request to rezone approximately Ward 4 3.52 acres from"R-2" One and Two Family Residence District to "R-1,R-P" Planned Residence District, located at the former Irving Elementary School site at RON 728 Hawthorne Avenue. The City is requesting to rezone this particular property WardWEL s R to allow for future one and two family development at the site. Staff believes the "R-1,R-P" Planned Residence District will help to redevelop the area for one and BOB two family housing development. Single-family homes would be ideal, with the GREENWOOD potential of twin home development. In either case,the design, layout, orientation, At-Large density, and style of homes will be highly important to ensure the development is STEVE beneficial to the surrounding neighborhood. Staff believes any development needs SCHMITT to uplift the surrounding neighborhood, not have any negative impact on it. Staff At-Large believes rezoning the land as such and placing proper conditions on future development will prevent it from having a negative impact upon the surrounding area. The "R-P" designation also gives the City of Waterloo greater levels of design review,provides for special provisions and care to be taken in site layout and design itself, to ensure compatibility to adjacent land uses. The proposed rezoning of this site is as Planned Districts to ensure that compatible and suitable development occurs upon these infill sites near already existing and established neighborhoods. Rezoning the land to a Planned Residence district is meant to make certain that: 1. The City of Waterloo has a greater level of review for these sites to ensure CITY WEBSITE: www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! 11111 An Equal Opportunity/Affirmative Action Employer the infill sites are properly redeveloped to have a positive impact on the surrounding neighborhoods. 2. That the surrounding neighbors have a greater level of public input for the redevelopment of these sites. Many of these residents have lived and invested in these areas for a long period of time, and it is in their interest that the transition from school sites to other residential sites is done in a way that is beneficial to their homes. It is proposed that prior to the approval of any specific development plan, conditions on the approval will be required, including limiting the type of development to single-family homes and possibly twin homes if appropriate,restricting the minimum lot size and lot width to be compatible with the neighborhood, and restricting designs, such as requirements for attached garages, number of stories, and minimum finished areas. The Future Land Use Map designates this area as Low Density Residential,which would allow for the redevelopment of the site for single-family, and possibly two family residences. The rezone area is located within the Primary Growth Area. At their March 1,2011 Planning, Programming and Zoning Commission meeting,the Planning and Zoning Commission unanimously recommended approval of the rezone request, subject to the following condition(s): 1. That the development be restricted to single-family dwellings, with the potential for two-family dwellings. 2. That the development will be highly scrutinized to provide a higher level of design and livability by the City of Waterloo in the following,but not limited to, categories: a. Design of homes for curb appeal,number of stories, setbacks, etc. b. Orientation, size,house density-to-lot ratio, and layout of lots. c. Amenities of homes such as garages, fencing, finished areas, green space, etc. d. Relationship and positive impact on existing and surrounding development. Please find attached a staff report, aerial photo, and legal description, detailing the area in question. Therefore, we request the City Council set a date of public hearing on the rezoning request as March 28,2011, and publish an official notice pertinent to the requested rezoning. 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 Alternative: N/A Background Information: Legal Description: Auditor Francis' Reitzel Plat, Lots 10, 11, 12 and 13, all in the City of Waterloo, Black Hawk County, State of Iowa. NA:to cc: Aric Schroeder, City Planner Eric Thorson, City Engineer --file-- March 1,2011 REQUEST: REQUEST BY THE CITY OF WATERLOO TO REZONE 3.52 ACRES AT THE FORMING IRVING ELEMENTARY SCHOOL, LOCATED AT 728 HAWTHORNE AVENUE, FROM "R-2" ONE AND TWO FAMILY RESIDENCE DISTRICT TO "R-1,R-P" PLANNED RESIDENCE DISTRICT. APPLICANT: City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703 GENERAL The applicant is requesting to rezone the property at 728 Hawthorne DESCRIPTION: Avenue from "R-2" to "R-1,R-P" to allow for future one and two family development at the site. Currently, the site is zoned as "R-2", which allows for one and two family development, however with higher density levels. Habitat for Humanity is proposing to acquire the property from the schools, and do plan to redevelop it for residential homes, but detailed plans have been submitted. IMPACT ON Staff believes the "R-1,R-P" Planed Residence District will help to NEIGHBORHOOD & redevelop the area for one and two family housing development. SURROUNDING Single-family homes would be ideal, with the potential of twin home LAND USE: development, due to the existence of other multiple family dwellings in the area. In either case, the design, layout, orientation, density, and style of homes will be highly important to make certain that any new development is beneficial to the surrounding neighborhood. Staff believes any development needs to uplift the surrounding neighborhood, not have any negative effect on it. Staff believes rezoning the land as such and placing proper conditions on future development will prevent it from having a negative impact upon the surrounding area. VEHICULAR & The site is located along the south side of Hawthorne Avenue. The PEDESTRIAN site is bordered by West 6th Street to the east, Western Avenue on TRAFFIC the west and Eureka Street on the south All these particular streets CONDITIONS: are classified as Local Streets. There is public sidewalk located along West 6th Street, Hawthorne Avenue and Western Avenue. It would appear that the rezone request would not have a negative impact upon vehicular and pedestrian traffic within the area. RELATIONSHIP TO RECREATIONAL There are no recreational trails located within the nearby vicinity. TRAIL PLAN: ZONING HISTORY The site in questions is zoned "R-2" One and Two Family Residence FOR SITE AND District, and has been zoned as such since the adoption of the IMMEDIATE VICINITY: Zoning Ordinance on February 3, 1969. Surrounding land uses and their zoning are as follows: North - One and Two Family Residences, zoned "R-2" One and Two Family Residence District. South One and Two Family Residences, zoned "R-2" One and Two Family Residence District. East - One and Two Family Residences, zoned "R-2" One and Two Family Residence District. West One and Two Family Residences, zoned "R-2" One and Two 3.1.11 Rezone R2 to R1CP—Irving School Page 1 of5 123 March 1,2011 Family Residence District. DEVELOPMENT The surrounding area consists predominantly low-density residential HISTORY: uses and some light commercial uses, nearby areas, with development occurring from the 1910s to the 1950s. BUFFERS/ SCREENING Rezoning of the land in question would not require any additional REQUIRED: buffering or screening. DRAINAGE: Rezoning of the land would not have a negative impact upon the surrounding area, and one or two family residences are not required to provide storm water detention. FLOODPLAIN: The area in question is not located within any Special Flood Hazard area as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 190025 and Panel Number 0012, dated July 3, 1985. PUBLIC /OPEN The Irving Elementary School was constructed in the 1910s, and SPACES/ SCHOOLS: used by the Waterloo Community School District as an elementary School. The school has not served as an elementary school since the new Irving Elementary was constructed in 2004, 4 blocks to the north. The building will need to be demolished. The nearest schools are the newer Irving Elementary School at the intersection of West 5th Street and Baltimore Street, and West High School, which is approximately a ''/z mile to the south at the intersection of East Ridgeway Avenue and Baltimore Street. Miller Park is located approximately 3 blocks to the south and west. UTILITIES: WATER, SANITARY SEWER, A 10" sanitary sewer and 15" storm sewer is located in Western STORM SEWER, ETC. Avenue to the west, and an 18" sanitary sewer is located within West 6th Street to the east. A 21" storm sewer is located within Hawthorne Avenue to the north. The surrounding area is also served by other utilities such as water, telephone, gas, cable, etc. RELATIONSHIP TO The Future Land Use Map designates this area as Parks, Open COMPREHENSIVE Spaces, Schools, Airport, Government Facilities, and Public Areas. LAND USE PLAN: It may be necessary to amend the Future Land Use Map in the future to reflect the site as Low Density Residential. The rezone area is located within the Primary Growth Area. STAFF ANALYSIS — The proposed rezone consists of approximately 3.52 acres located ZONING at the former Irving Elementary School site, located 728 ORDINANCE: Hawthorne Avenue. Currently, the City of Waterloo is taking proactive steps on several infill development sites within the community. Utilizing infill development sites within developed portions of the City where existing infrastructure is readily available is a Smart Growth Practice, and the installation and extension of utilities to serve any new development would be minimal, saving on future maintenance costs for the City. The proposed rezoning for all of these sites are as Planned Districts to ensure that compatible and suitable development occurs upon 3.1.11 Rezone R2 to R1CP—Irving School Page 2 of 5 124 March 1,2011 these infill sites near already existing and established neighborhoods. Rezoning the land to a Planned Residence district is meant to make certain that: 1. The City of Waterloo has a greater level of review for these sites to ensure the infill sites are properly redeveloped to have a positive impact on the surrounding neighborhoods. 2. That the surrounding neighbors have a greater level of public input for the redevelopment of these sites. Many of these residents have lived and invested in these areas for a long period of time, and it is in their interest that the transition from school sites to other residential sites is done in a way that is beneficial to their homes. All of the sites are primarily located within the developed portion of the City of Waterloo, the Primary Growth Area as designated by the City of Waterloo Comprehensive Plan. This particular location at Irving School is located within the core of the developed portion of the City, and all necessary utilities to serve the site are located within the area. There is also a need for proper redevelopment so as to not upset the delicate nature of some neighborhoods, and ensure they continue to move forward in a positive manner. It is staff's goal that any redevelopment of these areas represent the best possible infill homes to each area. Staff would like to see new construction with compatible or better designs, compatible or bigger yards, more home amenities, and compatible or bigger houses. These sites need to uplift the neighborhoods, and make surrounding neighbors encouraged with their redevelopment, and secure that it is helping their property values and future investments in their own homes. The City of Waterloo Leisure Services Department has reviewed all of the sites to recommend they are eligible for redevelopment. This is due to other park areas and open spaces being in close proximity. The "R-1-R-P" designation suggests a lower level of density, as the underlying "R-1" designation is the lowest density level in the City of Waterloo, with lots at least 9,000 SF in area, widths of at least 75', and greater setbacks for buildings. The "R-P" designation also gives the City of Waterloo greater levels of design review, provides for special provisions and care to be taken in site layout and design itself, to ensure compatibility to adjacent land uses, including screening, landscaping, building design, etc. It also provides for greater levels of public input, as any development would be required to be reviewed by the Planning, Programming and Zoning Commission and subsequently the City Council after recommendation in lieu thereof. It is for the explicit reasons of making this a high quality development that this is proposed to being rezoned. It is proposed that prior to the approval of any specific development plan, conditions on the approval will be required, including limiting the type of development to single-family homes and possibly duplexes if 3.1.11 Rezone R2 to R1CP—Irving School Page 3 of 5 125 March 1,2011 appropriate, restricting the minimum lot size and lot width to be compatible with the neighborhood, and restricting designs, such as requirements for attached garages, number of stories, and minimum finished areas. Staff is aware that Habitat for Humanity is reviewing the ability for a larger development plan for this area. Staff has reservations and concerns with such a plan, as Habitat receives funds from the City of Waterloo, and the City would much rather prioritize the redevelopment of infill lots acquired through the cleanup of existing neighborhoods. Furthermore, staff believes the larger lot redevelopment sites better label themselves for potential private development for contractors to save in bulk construction methods. STAFF ANALYSIS — SUBDIVISION There is no platting required for this request. ORDINANCE: STAFF Therefore, staff recommends that the request to rezone from "R-2" RECOMMENDATION: One and Two Family Residence District to "R-1,R-P" Planned Residence District be approved for the following reasons: 1. The request is in conformance with the Comprehensive Plan for this area through its differing district requests and the areas designated on the Future Land Use Map, as well as planned development in a Primary Growth Area. 2. The site in question would appear to provide sufficient space to meet all required regulations including setbacks, drainage, landscaping, screening, etc. 3. The proposed rezone area is already served by all necessary utilities. 4. The areas requested are all planned districts, to allow for the orderly development of land and to ensure to the citizenry and City of Waterloo that development will occur as planned and approved, as well as providing for compatibly deigned development near neighboring development and districts. 5. The request contains all the necessary information as required by the City of Waterloo Zoning Ordinance. And subject to the following condition(s): 1. That the development will be highly scrutinized to provide a higher level of design and livability by the City of Waterloo in the following, but not limited to, categories: a) Design of homes for curb appeal, number of stories, setbacks, etc. b) Orientation, size, house density-to-lot ratio, and layout of lots c) Amenities of homes such as garages, fencing, finished areas, green space, etc. d) Relationship and positive impact on existing and surrounding development 3.1.11 Rezone R2 to R1 CP—Irving School Page 4 of 5 126 y_Request to rezone approximately 3.52 acres from - =a JIM "R 2" One and Two Family Residence District to >... "R-1 ,R-P" Planned Residence District ii -4-amir `A Forest Avenue k_ v - ,, ice ` t c` P •SWI -a 1 , F 4. -•-- 411.1k,_ Y.^ Former Irving School ' r ` 728 Hawthorne Avenue = " i _- eaaa-am - Hawtthhome Avenue I A - - i 1,...Lic i si , '" / / ,. r ' � �, • �, _ _ c I j_ _Q , (I) rA l,,,,__„:„..t..„------fr f----, I r 1 I ,L..- , i4-1.,, - , I _ �__� C ' # -yam'`- I-�= -� � B L. g t "' I Byron Avenue Byron.Avenue _ -``g - Y - •- ' - ice`- EE .- _ s~ a t ' c t 4 k: Area in Question ! / ' . .} a ___ , _y ■ // '// . . "„*.,-4_,: ' .-- 1 t -u',AFP - - - le 34111. , i 4,11?. ro. Eureka Street ;_ 1 R m s 6 * ,'> e N• r F — Ali tsa 75 o tso . . - - _ z I Feet z_ 4 ' _ Pm Map — Former Irving Site Rezone ):\it 3> . \» . 91/w5' � . � # , . y Hawthorne Av_e « = / ƒ! \ƒ \ /may s`Storm Sewer ? \« \ I. ) - \ , / 1Esa_Sewer 10"s;�Sewer\It . 11 % }\ A th) » 2 . 1 r k y2 ms m Sear ` % ~» } \\ w LoT / 10 ~© \ N \ a© % } wa \ . . . . ƒ « ' < ` « \ % Site in Question a \ 3 \\ w: % a»« \ � � . \° < R£IT�LL PL A ? ; \/ �Tx ♦ e A� 128 APPLICATION FOR REZONING CITY OF WATERLOO PLANNING,PROGRAMMING, AND ZONING COMMISSION WATERLOO,IOWA 319.291.4366 1.APPLICATION INFORMATION: a. Applicant's name(pleasejprint): y �f - Address: 7/5 /%/1/ Z.. S- Phone: '5'-4flb6 Fax: City: /(, r..' 6 .State: Zip: -old 3 b. Status of applicant:(a)Owner c/(b)Other (CHECK ONE):If other explain: c. Property owner's name if different than above(please print): Address: Phone: Fax: City: State: Zip: 2.PROPERTY INFORMATION: a. General location of property to be rezoned: 7, `.�. 1- ;,7,f,L / t ,t f,) b. Legal description of property to be rezoned: <- 471-14-+ c. Dimensions of Proposed Zoning Boundary(Excluding Right of Way): d. Area of Proposed Zoning Boundary(Excluding Right of Way): e. Current zoning: J?;Z Requested zoning: , (� f. Reason(s)for rezoning and proposed use(s)of property: ,Sj-rf-' I4 S' g. Conditions(if any)agreed to: h. Other pertinent information(use reverse side if necessary): Please Note: If applicant is not the owner of the property, the signature of the owner must be secured. If it is the intent to subdivide (split) any land, vacant or improved in conjunction with this request it must go through a platting process(separate from rezone request). The filing fee of$200+$10 per acre($750 max)(payable to the City of Waterloo)is required(round amount down to nearest$10 increment). This fee is non-refundable. Under no condition shall said sum or any part thereof be refunded for failure of said amendment to be enacted into law. Any major change in any of the information given will require that the request go back through the process,with a new filing fee. If the request is denied no new petition covering the same or portion of the same property shall be filed with or considered by the Planning,Programming,and Zoning Commission until four(4)months have elapsed from the date of denial by the Waterloo City Council. The undersigned certify under oath and under the penalties of perjury, information on this request and submitted along with it is true and correct. All information submitted will used by h Waterloo Planning, Programming, and Zoning Commission and the Waterloo City Council in m g their deci i . The undersigned authorize City Zoning Officials to enter the property in 'n s to the reques . Signature of Applicant Date Signature of Owner Date . 129 Rezone "R-2" to "R-1, R-P"—Irving School Site 4 , , Fyg • w i „qCa�a �^'P- { _ a mr" Looking southeast from the intersection of Looking northeast from the intersection of Western Avenue and Hawthorne Avenue. Western Avenue and Bryon Avenue. 130 RESOLUTION NO. 2011-189 RESOLUTION FIXING THE TIME AND PLACE OF HEARING TO BE GIVEN ON APPLICATION OF THE CITY OF WATERLOO TO REZONE FROM "R-2" ONE AND TWO FAMILY RESIDENCE DISTRICT TO "R-1, R-P" PLANNED RESIDENCE DISTRICT APPROXIMATELY 3 . 52 ACRES GENERALLY LOCATED AT THE FORMER IRVING ELEMENTARY SCHOOL SITE AT 728 HAWTHORNE AVENUE AT THE SOUTHWEST CORNER OF WEST 6T14 STREET AND HAWTHORNE AVENUE, AS MARCH 28, 2011, AT 5 : 30 P.M. IN THE COUNCIL CHAMBERS IN CITY HALL AND INSTRUCTING CITY CLERK TO PUBLISH NOTICE OF HEARING. WHEREAS, the Council of the City of Waterloo, Iowa, shall meet in the Council Chambers in the City Hall in the City of Waterloo, Iowa, at 5 : 30 p.m. on the 28th day of March, 2011, for the purpose of acting upon an application of the City of Waterloo to rezone from "R-2" One and Two Family Residence District to "R- 1, R-P" Planned Residence District approximately 3 . 52 acres generally located at the former Irving Elementary School site at 728 Hawthorne Avenue at the southwest corner of West 6th Street and Hawthorne Avenue, and legally described as follows: Auditor Francis' Reitzel Plat, Lots 10, 11, 12 and 13, all in the City of Waterloo, Black Hawk County, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the City Clerk is hereby directed to publish Notice of the time and place of said hearing in the Waterloo Courier. PASSED AND ADOPTED this 14th day of March, 2011 . (71-0.0Aelt..4 4ela Quentin Hart, Mayor Pro Tem ATTEST: +mom A Suzy Scha es, CMC City Clerk � .�i,, CITY OF WATERLOO , IOWA fro r,�.._ ... ..,.. COMMUNITY PLANNING AND DEVELOPMENT , Sim 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319)291-4366 Fax(319)291-4262 �rer100 ‘° NOEL C.ANDERSON,Community Planning&Development Director Council Communication Mayor City Council Meeting: March 14, 20 �� - r ( BUCK Prepared: March 9, 2011 /.jj v 1 Zl96U CLARK Dept. Head Signature: # of Attachments: f3 COUNCIL MEMBERS SUBJECT: Request by the City of Waterloo to rezone approximately 6.39 acres DAVID from "R-2" One and Two Family Residence District to "R-1,R-P"Planned JONES Residence District, located at the Baltimore Field site along the east side of Ward 1 Vermont Street between Eureka Street Hawthorne Avenue, and set a date of CAROLYN hearing as March 28, 2011. COLE Ward 2 Submitted by: Noel Anderson, Community Planning&Development Director HAROLD GETTY Recommended City Council Action: Approval, with conditions as recommended Ward 3 by the Planning, Programming and Zoning Commission. HARTTIN Summary Statement: Transmitted herewith is a request to rezone approximately Ward 4 6.39 acres from"R-2"One and Two Family Residence District to "R-1,R-P" Planned Residence District, located at the Baltimore Field site along the east side RON of Vermont Street between Eureka Street Hawthorne Avenue. The City is WEEPER requesting to rezone thisparticular property to allow for future one and two family Ward 5 q g p P Y development at the site. Staff believes the "R-1,R-P" Planned Residence District BOB will help to redevelop the area for one and two family housing development. GREENWOOD Single-family homes would be ideal,with the potential of twin home development. At-Large In either case,the design, layout, orientation, density, and style of homes will be STEVE highly important to ensure the development is beneficial to the surrounding SCHMITT neighborhood. Staff believes any development needs to uplift the surrounding At-Large neighborhood, not have any negative impact on it. Staff believes rezoning the land as such and placing proper conditions on future development will prevent it from having a negative impact upon the surrounding area. The "R-P" designation also gives the City of Waterloo greater levels of design review, provides for special provisions and care to be taken in site layout and design itself, to ensure compatibility to adjacent land uses. The proposed rezoning of this site is as Planned Districts to ensure that compatible and suitable development occurs upon these infill sites near already existing and established neighborhoods. Rezoning the land to a Planned Residence district is meant to make certain that: CITY WEBSITE: www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer 1. The City of Waterloo has a greater level of review for these sites to ensure the infill sites are properly redeveloped to have a positive impact on the surrounding neighborhoods. 2. That the surrounding neighbors have a greater level of public input for the redevelopment of these sites. Many of these residents have lived and invested in these areas for a long period of time, and it is in their interest that the transition from school sites to other residential sites is done in a way that is beneficial to their homes. It is proposed that prior to the approval of any specific development plan, conditions on the approval will be required, including limiting the type of development to single-family homes and possibly twin homes if appropriate, restricting the minimum lot size and lot width to be compatible with the neighborhood, and restricting designs, such as requirements for attached garages, number of stories, and minimum finished areas. The Future Land Use Map designates this area as Low Density Residential, which would allow for the redevelopment of the site for single-family, and possibly two family residences. The rezone area is located within the Primary Growth Area. At their March 1,2011 Planning, Programming and Zoning Commission meeting, the Planning and Zoning Commission unanimously recommended approval of the rezone request, subject to the following condition(s): 1. That the development be restricted to single-family dwellings, with the potential for two-family dwellings. 2. That the development will be highly scrutinized to provide a higher level of design and livability by the City of Waterloo in the following, but not limited to, categories: a. Design of homes for curb appeal, number of stories, setbacks, etc. b. Orientation, size,house density-to-lot ratio, and layout of lots. c. Amenities of homes such as garages, fencing, finished areas, green space, etc. d. Relationship and positive impact on existing and surrounding development. Please find attached a staff report, aerial photo, and legal description, detailing the area in question. Therefore, we request the City Council set a date of public hearing on the rezoning request as March 28,2011, and publish an official notice pertinent to the requested rezoning. 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 Alternative: N/A Background Information: Legal Description: Lot No. 5, except the East 156 feet thereof in Auditor Francis' Reitzel Plat, and Orlo C. Miller Addition, all of Lot 1, except the West 30 feet, Lot 2, and,All that part of Byron Avenue in the City of Waterloo, Iowa, lying East of a Northerly extension of the West line of Lot No. 1 in Orlo C. Miller Addition, and West of a line that is 156 feet West of the West line of Baltimore Street. Also, all that part of Denver Street in the City of Waterloo, Iowa,lying South of the South line of Byron Avenue and North of the North line of Eureka Street. NA:to cc: Aric Schroeder, City Planner Eric Thorson,City Engineer —file— March 1,2011 REQUEST: REQUEST BY THE CITY OF WATERLOO TO REZONE 6.39 ACRES AT THE BALTIMORE FIELD SITE, LOCATED AT THE SOUTHEAST CORNER OF HAWTHORNE AVENUE AND VERMONT STREET, FROM "R-2" ONE AND TWO FAMILY RESIDENCE DISTRICT TO "R-1,R-P" PLANNED RESIDENCE DISTRICT. APPLICANT: City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703 GENERAL The applicant is requesting to rezone the property at the southeast DESCRIPTION: corner of Hawthorne Avenue and Vermont Street from "R-2" to "R- 1,R-P" to allow for future one and two family development at the site. Currently, the site is zoned as "R-2", which allows for one and two family development, however with higher density levels. The City of Waterloo is looking to acquire the property from the schools, but there is no proposed project at this time to redevelop the site. IMPACT ON Staff believes the "R-1,R-P" Planed Residence District will help to NEIGHBORHOOD & redevelop the area for one and two family housing development. SURROUNDING Single-family homes would be ideal, with the potential of twin home LAND USE: development, due to the existence of other multiple family dwellings in the area. In either case, the design, layout, orientation, density, and style of homes will be highly important to make certain that any new development is beneficial to the surrounding neighborhood. Staff believes any development needs to uplift the surrounding neighborhood, not have any negative effect on it. Staff believes rezoning the land as such and placing proper conditions on future development will prevent it from having a negative impact upon the surrounding area. VEHICULAR & The site is located along the east side Vermont Street, between PEDESTRIAN Hawthorne Avenue to the north and Eureka Street to the south. All TRAFFIC these particular streets are classified as Local Streets. Baltimore CONDITIONS: Street is located 1 block to the east of the site, and it is classified as a Local Street. It would appear that the development of the land in question as one and two family residences would not have a negative impact upon vehicular and pedestrian traffic in the area. There are no public sidewalks located along all the streets abutting the site, however, there is public sidewalk located along Baltimore Street, 1 block to the east. Sidewalk extensions should be required for any future development. RELATIONSHIP TO RECREATIONAL There are no recreational trails located within the nearby vicinity. TRAIL PLAN: ZONING HISTORY The site in questions is zoned "R-2" One and Two Family Residence FOR SITE AND District, and has been zoned as such since the adoption of the IMMEDIATE VICINITY: Zoning Ordinance on February 3, 1969. Surrounding land uses and their zoning are as follows: North — Low Density residential development, zoned "R-2" One and Two Family Residence District. 3.1.11 Rezone R2&R2CZ—Baltimore Field Page 1 of 4 131 March 1,2011 South One and Two Family Residences, zoned "R-2" One and Two Family Residence District. East— One and Two Family Residences, zoned "R-2" One and Two Family Residence District. West One and Two Family Residences and Byron Avenue Hy-Vee, zoned "R-2" One and Two Family Residence District and "C-1" Commercial District. DEVELOPMENT The surrounding area consists predominantly low-density residential HISTORY: uses and some light commercial uses, nearby areas, with development occurring from the 1920s to the 1950s. BUFFERS/ SCREENING Rezoning of the land in question would not require any additional REQUIRED: buffering or screening. DRAINAGE: Rezoning of the land would not have a negative impact upon the surrounding area. FLOODPLAIN: The area in question is not located within a Special Flood Hazard area as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 190025 and Panel Number 0012, dated July 3, 1985. PUBLIC /OPEN The Baltimore Field was established as open space associated with SPACES/ SCHOOLS: the former Irving Elementary School at 728 Hawthorne Avenue. The school district no longer needs this open recreational field, due to the close proximity of other parks in the area. The nearest schools are Irving Elementary School at the intersection of West 5th Street and Baltimore Street, and West High School, which is approximately a '/z mile to the south at the intersection of East Ridgeway Avenue and Baltimore Street. Miller Park is located 2 blocks to the south along the west side of Vermont Street, and Liberty Park is located 3 blocks to the east on the south side of Byron Avenue. UTILITIES: WATER, SANITARY SEWER, 8" sanitary sewer is located within Vermont Street to the west and STORM SEWER, ETC. Eureka Street to the south. There is also 4" drain tile within Vermont Street and Eureka Street, and there is a 24" storm sewer within Byron Avenue, west of the site. The surrounding area is also served by other utilities such as water, telephone, gas, cable, etc. RELATIONSHIP TO The Future Land Use Map designates this area as Parks, Open COMPREHENSIVE Spaces, Schools, Airport, Government Facilities, and Public Areas. LAND USE PLAN: It may be necessary to amend the Future Land Use Map in the future to reflect the site as Low Density Residential. The rezone area is located within the Primary Growth Area. STAFF ANALYSIS — The proposed rezone consists of approximately 6.39 acres located ZONING at the Baltimore Field] site, at the intersection of Vermont Street ORDINANCE: and Hawthorne Avenue. Currently, the City of Waterloo is taking proactive steps on several infill development sites within the community. Utilizing infill development sites within developed portions of the City where existing infrastructure is readily 3.1.11 Rezone R2&R2CZ—Baltimore Field Page 2 of 4 132 March 1,2011 available is a Smart Growth Practice, and the installation and extension of utilities to serve any new development would be minimal, saving on future maintenance costs for the City. The proposed rezoning for all of these sites are as Planned Districts to ensure that compatible and suitable development occurs upon these infill sites near already existing and established neighborhoods. Rezoning the land to a Planned Residence district is meant to make certain that: 1. The City of Waterloo has a greater level of review for these sites to ensure the infill sites are properly redeveloped to have a positive impact on the surrounding neighborhoods. 2. That the surrounding neighbors have a greater level of public input for the redevelopment of these sites. Many of these residents have lived and invested in these areas for a long period of time, and it is in their interest that the transition from school sites to other residential sites is done in a way that is beneficial to their homes. All of the sites are primarily located within the developed portion of the City of Waterloo, the Primary Growth Area as designated by the City of Waterloo Comprehensive Plan. This particular location at Maywood School is located on the fringe of the developed portion of the City, however, all necessary utilities to serve the site are located within the area. There is also a need for proper redevelopment so as to not upset the delicate nature of some neighborhoods, and ensure they continue to move forward in a positive manner. It is staff's goal that any redevelopment of these areas represent the best possible infill homes to each area. Staff would like to see new construction with compatible or better designs, compatible or bigger yards, more home amenities, and compatible or bigger houses. These sites need to uplift the neighborhoods, and make surrounding neighbors encouraged with their redevelopment, and secure that it is helping their property values and future investments in their own homes. The City of Waterloo Leisure Services Department has reviewed all of the sites to recommend they are eligible for redevelopment. This is due to other park areas and open spaces being in close proximity. The "R-1-R-P" designation suggests a lower level of density, as the underlying "R-1" designation is the lowest density level in the City of Waterloo, with lots at least 9,000 SF in area, widths of at least 75', and greater setbacks for buildings. The "R-P" designation also gives the City of Waterloo greater levels of design review, provides for special provisions and care to be taken in site layout and design itself, to ensure compatibility to adjacent land uses, including screening, landscaping, building design, etc. It also provides for greater levels of public input, as any development would be required to be reviewed by the Planning, Programming and Zoning Commission and subsequently the City 3.1.11 Rezone R2&R2CZ—Baltimore Field Page 3 of 4 133 March 1,2011 Council after recommendation in lieu thereof. It is for the explicit reasons of making this a high quality development that this is proposed to being rezoned. It is proposed that prior to the approval of any specific development plan, conditions on the approval will be required, including limiting the type of development to single-family homes and possibly twin homes if appropriate, restricting the minimum lot size and lot width to be compatible with the neighborhood, and restricting designs, such as requirements for attached garages, number of stories, and minimum finished areas. STAFF ANALYSIS — SUBDIVISION There is no platting required for this request, but platting may be ORDINANCE: required when the area is developed. STAFF Therefore, staff recommends that the request to rezone from "R-2" RECOMMENDATION: One and Two Family Residence District to "R-1,R-P" Planned Residence District be approved for the following reasons: 1. The request is in conformance with the Comprehensive Plan for this area through its differing district requests and the areas designated on the Future Land Use Map, as well as planned development in a Primary Growth Area. 2. The site in question would appear to provide sufficient space to meet all required regulations including setbacks, drainage, landscaping, screening, etc. 3. The proposed rezone area is already served by all necessary utilities. 4. The areas requested are all planned districts, to allow for the orderly development of land and to ensure to the citizenry and City of Waterloo that development will occur as planned and approved, as well as providing for compatibly deigned development near neighboring development and districts. 5. The request contains all the necessary information as required by the City of Waterloo Zoning Ordinance. And subject to the following condition(s): 1. That the development will be highly scrutinized to provide a higher level of design and livability by the City of Waterloo in the following, but not limited to, categories: a) Design of homes for curb appeal, number of stories, setbacks, etc. b) Orientation, size, house density-to-lot ratio, and layout of lots c) Amenities of homes such as garages, fencing, finished areas, green space, etc. d) Relationship and positive impact on existing and surrounding development 3.1.11 Rezone R2&R2CZ—Baltimore Field Page 4 of 4 134 1` g '.. At . g -� Request to rezone approximately 6.39 acres from „a - . "R-2" One and,Two Family Residence District to _ • 1" R-1 ,R-P Planned Residence District a _ Forest.Avenu'e _ Imo' rx _ --..., - _'Ii-4"_:ti - ,a .. ter. 1 t r t, Allif .' E , ¢ voi f k. �1''�� ,e-t...z �e r' �r- f, -.7-:_i.-t, _--_--.,------;:-.:Ur €; . Hawthorne-Avenue - w.. r r / - l ,�, Area in Question Ti' 2. p1 :E / ' - 4s >' / B ron Avenue' Byron•Avenue . / / // y Tr 3 j / } 7...„:,L.=_7".--_- ^--„--,z--'-- -•-w. . // //////////// /// // L , Frances Drive _ _ a y -;,virt j / - . . , L . , __ ___. . ,__ , , _� _ __ _..a. 1 _„. . . . ._ __ . a. . ___ . _ . 9 ,' 7 ° : __ tr Eureka Seet 4- - _ 1 jk-1 . `t in z `ar Qt." e 1 t -_-I :t -1 N\ 150 15 0 15Feet I Li -* I ri l • ,"!-= Plat Map — Baltimore Field Site Rezone NAINTHORNL 1 —.— — -- — ---a-- — — — ——— — — — 1 i is ♦-� 4"Drain Tile A =, _ — S . — :j 1 8" Sanitary Sewer t FRANCIS REITZELL FL, i 1 1 1 Site in Question 4I ' t 24"Storm Sewer V 1 r ,...„.„ --r_ _ ...........„ ,,.,„,_ __ -, • 12"Stonn SewerdireS _ Site in Question ► _ ORLO C. MILLE'RS ADD/770N r. 1I '.s 9-7-1--- - eI 1rAY . Go :!P 1 1 G Eureka Street 136 APPLICATION FOR REZONING CITY OF WATERLOO PLANNING, PROGRAMMING, AND ZONING COMMISSION WATERLOO,IOWA 319.291.4366 1.APPLICATION INFORMATION: //�' /lt.7Cdd 7 a. Applicant's name(pleas print): L a� cF G Address: 7/5 17,4( n Sj— Phone: 677 4"e-3b6 Fax: City: /,{},traf,-,AS Mate: /,Q Zip: •- 7& b. Status of applicant:(a)Owner t. (b)Other (CHECK ONE): If other explain: c. Property owner's name if different than above(please print): Address: Phone: Fax: City: State: Zip: 2.PROPERTY INFORMATION: �- y,�� ' a. General location of property to be rezoned: ,• � f�,� � Z „,y b.` Legal description of property to be rezoned: f.} Nye �rf � f , c. Dimensions of Proposed Zoning Boundary(Excluding Right of Way): '= - d. Area of Proposed Zoning Boundary(Excluding Right of Way): ( %5 e .1,-r T; f 2 jam' e. Current zoning: ' . Requested zoning: -1, p f. Reason(s)for rezoning and proposed use(s)of property: I2 1 V— ,4 C ,-Zoo >i,G,' / :17./'C--a1�i�G- . g. Conditions(if any)agreed to: h. Other pertinent information(use reverse side if necessary): Please Note: If applicant is not the owner of the property, the signature of the owner must be secured. If it is the intent to subdivide (split) any land, vacant or improved in conjunction with this request it must go through a platting process(separate from rezone request). The filing fee of$200+$10 per acre($750 max)(payable to the City of Waterloo)is required(round amount down to nearest$10 increment). This fee is non-refundable. Under no condition shall said sum or any part thereof be refunded for failure of said amendment to be enacted into law. Any major change in any of the information given will require that the request go back through the process,with a new filing fee. If the request is denied no new petition covering the same or portion of the same property shall be filed with or considered by the Planning,Programming,and Zoning Commission until four(4)months have elapsed from the date of denial by the Waterloo City Council.The undersigned certify under oath and under the penalties of perjury information on this request and submitted along with it is true and correct. All information submitted will used by Waterloo Planning, Programming, and Zoning Commission and the Waterloo City Council in m ng their dec' i . The undersigned authorize City Zoning Officials to enter the property�questio in s to the reques . Signature of Applicant Date Signature of Owner Date 137 Rezone "R-2"to "R-1, R-P"—Baltimore Field Site • y _ a Looking southeast from the intersection of Looking southwest from Hawthorne Hawthorne Avenue and Vermont Street. Avenue. 138 RESOLUTION NO. 2011-190 RESOLUTION FIXING THE TIME AND PLACE OF HEARING TO BE GIVEN ON APPLICATION OF THE CITY OF WATERLOO TO REZONE FROM "R-2" ONE AND TWO FAMILY RESIDENCE DISTRICT TO "R-1, R-P" PLANNED RESIDENCE DISTRICT APPROXIMATELY 6. 39 ACRES GENERALLY LOCATED AT THE BALTIMORE FIELD SITE ALONG THE EAST SIDE OF VERMONT STREET BETWEEN EUREKA STREET AND HAWTHORNE AVENUE, AS MARCH 28, 2011, AT 5 : 30 P.M. IN THE COUNCIL CHAMBERS IN CITY HALL AND INSTRUCTING CITY CLERK TO PUBLISH NOTICE OF HEARING. WHEREAS, the Council of the City of Waterloo, Iowa, shall meet in the Council Chambers in the City Hall in the City of Waterloo, Iowa, at 5: 30 p.m. on the 28th day of March, 2011, for the purpose of acting upon an application of the City of Waterloo to rezone from "R-2" One and Two Family Residence District to "R- 1, R-P" Planned Residence District approximately 6. 39 acres generally located at the Baltimore Field site along the east side of Vermont Street between Eureka Street and Hawthorne Avenue, and legally described as follows : Lot No. 5, except the East 156 feet thereof in Auditor Francis' Reitzel Plat, and Orlo C. Miller Addition, all of Lot 1, except the West 30 feet, Lot 2, and all that part of Byron Avenue in the City of Waterloo, Iowa, lying East of a Northerly extension of the West line of Lot No. 1 in Orlo C. Miller Addition, and West of a line that is 156 feet West of the West line of Baltimore Street. Also, all that part of Denver Street in the City of Waterloo, Iowa, lying South of the South line of Byron Avenue and North of the North line of Eureka Street, all in the City of Waterloo, Black Hawk County, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the City Clerk is hereby directed to publish Notice of the time and place of said hearing in the Waterloo Courier. PASSED AND ADOPTED this 14th day of March, 2011 . Quentin Hart, Mayor Pro Tem ATTEST: Suzy 514PLIAIOJP,L) CMC City Clerk _.:` �i� CITY OF WATERLOO , IOWA �1.�1lt,�j/�I m COMMUNITY PLANNING AND DEVELOPMENT µ,,S� 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319)291-4366 Fax(319)291-4262 drerl00 �O NOEL C.ANDERSON,Community Planning&Development Director `\\\\ Council Communication Mayor lei City Council Meeting: March 14 20 IlaAlf YA372o BUCK Prepared: March 9, 2011CLAR it Dept. Head Signature: # of Attachments: // COUNCIL MEMBERS SUBJECT: Request by the City of Waterloo to rezone approximately 8.47 acres DAVID from"R-2" One and Two Family Residence District to "R-I,R-P"Planned JONES Residence District at the former Devonshire School site at 515 Devonshire Drive, Ward 1 located along the south side of Devonshire Road, near its intersection with Wenner CAROLYN Drive, and set a date of hearing as March 28, 2011. COLE Ward 2 Submitted by: Noel Anderson, Community Planning& Development Director HAROLD GETTY Recommended City Council Action: Approval, with conditions as recommended Ward 3 by the Planning,Programming and Zoning Commission. QUENTIN Summary Statement: Transmitted herewith is a request to rezone approximately HART Ward 4 8.47 acres from"R-2" One and Two Family Residence District to "R-1,R-P" Planned Residence District at the former Devonshire School site at 515 Devonshire RON Drive. The City is requesting to rezone this particular property to allow for future WELPER one and two family development at the site. Staff believes the "R-1,R-P" Planned Ward 5 Residence District will help to redevelop the area for one and two family housing BOB development. Single-family homes would be ideal, with the potential of twin GREENWOOD home development. In either case, the design, layout, orientation, density, and At-Large style of homes will be highly important to ensure the development is beneficial to STEVE the surrounding neighborhood. Staff believes any development needs to uplift the SCHMITT surrounding neighborhood,not have any negative impact on it. Staff believes At-Large rezoning the land as such and placing proper conditions on future development will prevent it from having a negative impact upon the surrounding area. The"R- P" designation also gives the City of Waterloo greater levels of design review, provides for special provisions and care to be taken in site layout and design itself, to ensure compatibility to adjacent land uses. The proposed rezoning of this site is as Planned Districts to ensure that compatible and suitable development occurs upon these infill sites near already existing and established neighborhoods. Rezoning the land to a Planned Residence district is meant to make certain that: 1. The City of Waterloo has a greater level of review for these sites to ensure CITY WEBSITE: wwwci.waterbo.ia.us WE'RE WORKING FOR YOU! ',x a T E e r 00 An Equal Opportunity/Affirmative Action Employer i' the infill sites are properly redeveloped to have a positive impact on the surrounding neighborhoods. 2. That the surrounding neighbors have a greater level of public input for the redevelopment of these sites. Many of these residents have lived and invested in these areas for a long period of time, and it is in their interest that the transition from school sites to other residential sites is done in a way that is beneficial to their homes. It is proposed that prior to the approval of any specific development plan, conditions on the approval will be required, including limiting the type of development to single-family homes and possibly twin homes if appropriate,restricting the minimum lot size and lot width to be compatible with the neighborhood, and restricting designs, such as requirements for attached garages, number of stories, and minimum finished areas. Approximately the west 1/3 of the property in question is located within the Zone-A, 100-year floodplain as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, dated July 3, 1985. Currently,FEMA is updating the City of Waterloo floodplain maps, and after that update is completed, approximately ''/z of the property will be located within the Zone-A, 100-year floodplain. Residences in the area have expressed concerns on drainage and flooding issues in the past. Any future development will have to ensure that it does not have a negative affect on drainage or flooding of adjacent property. The City also has a drainage plan that needs to have more specific design continued,which indicates the need for a retention pond on the site. Any future development will need to take this into account. The Future Land Use Map designates this area as Low Density Residential, which would allow for the redevelopment of the site for single-family, and possibly two family residences. The rezone area is located within the Primary Growth Area. At their March 1,2011 Planning, Programming and Zoning Commission meeting,the Planning and Zoning Commission unanimously recommended approval of the rezone request, subject to the following condition(s): 1. That the development be restricted to single-family dwellings,with the potential for two-family dwellings. 2. That the development will be highly scrutinized to provide a higher level of design and livability by the City of Waterloo in the following, but not limited to, categories: a. Design of homes for curb appeal, number of stories, setbacks, etc. b. Orientation, size, house density-to-lot ratio, and layout of lots. c. Amenities of homes such as garages, fencing, finished areas, green space, etc. d. Relationship and positive impact on existing and surrounding development. Please find attached a staff report,aerial photo, and legal description,detailing the area in question. Therefore, we request the City Council set a date of public hearing on the rezoning request as March 28,2011, and publish an official notice pertinent to the requested rezoning. 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 Alternative: N/A Background Information: Legal Description: That part of the West 15 acres of the Northeast Quarter of the Southeast Quarter and all that part of the East 5 acres of the Northwest Quarter of the Southeast Quarter, all in Section 33, Township 89 North, Range 13, West of the 5th Principal Meridian, Black Hawk County, Iowa, lying South of the Westerly extension of the South line of Devonshire Drive as platted in Byrnbrae Second Addition to the City of Waterloo, Iowa, except therefrom the following tracts: Beginning at the Southeast corner of the East 5 acres of the Northwest Quarter of the Southeast Quarter of said Section 33; thence West 164.75 feet along the South line of said East 5 acres to the Southwest corner of said East 5 acres; thence North 252 feet along the West line of said East 5 acres; thence Southeasterly to the point of beginning. NA:to cc: Aric Schroeder, City Planner Eric Thorson, City Engineer --file-- March 1.2011 REQUEST: REQUEST BY THE CITY OF WATERLOO TO REZONE 8.47 ACRES AT THE FORMER DEVONSHIRE ELEMENTARY SCHOOL, LOCATED AT 515 DEVONSHIRE AVENUE, FROM "R-2" ONE AND TWO FAMILY RESIDENCE DISTRICT TO "R-1,R-P" PLANNED RESIDENCE DISTRICT. APPLICANT: City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703 GENERAL The applicant is requesting to rezone the property at 515 DESCRIPTION: Devonshire Avenue from "R-2" to "R-1,R-P" to allow for future one and two family development at the site. Currently, the site is zoned as "R-2", which allows for one and two family development, however with higher density levels. There is no proposed project at this time to redevelop the site. IMPACT ON The applicant is requesting to rezone the property at 2170 Burton NEIGHBORHOOD & Avenue from "R-2" to "R-1,R-P" to allow for future one and two SURROUNDING family development at the site. Currently, the site is zoned as "R-2", LAND USE: which allows for one and two family development, however with higher density levels. VEHICULAR & The site is located along the south side of Devonshire Drive PEDESTRIAN between Ansborough Avenue and Delane Avenue. Devonshire TRAFFIC Drive and Delane Avenue are classified as Local Streets, and CONDITIONS: Ansborough Avenue is classified as a Minor Arterial. There is public sidewalk located along both sides of Devonshire Drive between Ansborough Avenue and Delane Avenue. It would appear that the rezone request would not have a negative impact upon vehicular and pedestrian traffic within the area. RELATIONSHIP TO RECREATIONAL The nearest recreational trail would be the Sergeant Road Trail TRAIL PLAN: along the west side of Highway 63, approximately a % mile to the west. ZONING HISTORY The site in questions is zoned "R-2" One and Two Family Residence FOR SITE AND District, and has been zoned as such since the adoption of the IMMEDIATE VICINITY: Zoning Ordinance on February 3, 1969. Surrounding land uses and their zoning are as follows: North — One and Two Family Residences, zoned "R-2" One and Two Family Residence District. South Multiple Family Residences, zoned "R-3" Multiple Family Residence District. East—Two Family Condominium development, zoned "R-3"R-P Planned Multiple Residence District. West One and Two Family Residences, zoned "R-2" One and Two Family Residence District. DEVELOPMENT The surrounding area consists predominantly low-density residential HISTORY: uses and some light commercial uses, with development occurring from the 1960s to as recent as this past decade. The most recent development has occurred upon Presley Circle to the east, where 3.1.11 Rezone R2&R2CZ—Devonshire School Page 1 of 5 139 March 1,2011 approximately 35 condominium units have been constructed BUFFERS/ SCREENING Rezoning of the land in question would not require any additional REQUIRED: buffering or screening. DRAINAGE: Rezoning of the land would not have a negative impact upon the drainage in the surrounding area. It may be necessary to examine creating a retention area for storm water retention upon the west 1/3 of the lot as new development is proposed. FLOODPLAIN: Approximately the west 1/3 of the property in question is located within the Zone-A, 100-year floodplain as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 190025 and Panel Number 0015, dated July 3, 1985. Currently, FEMA is updating the City of Waterloo floodplain maps, and after that update is completed, approximately 'A of the property will be located within the Zone-A, 100-year floodplain. Residences in the area have expressed concerns on drainage and flooding issues in the past. Any future development will have to ensure that it does not have a negative affect on drainage or flooding of adjacent property. The City also has a drainage plan that needs to have more specific design continued, which indicates the need for a retention pond on the site. Any future development will need to tak this into account. PUBLIC /OPEN The former Devonshire School, which was constructed in the 1960s, SPACES/ SCHOOLS: was used by the Waterloo Community School District as an elementary school. The school has not served as an elementary school for quite some time, and has been used for other district activities, such as AEA 267. Kingsley Elementary School is located approximately 1 mile to the north and east at the intersection of Prospect Boulevard and Sunset Road. Byrnes Park is located nearby to the north and east at Ansborough Avenue and Martin Road. The Katoski Greenbelt is located approximately a 'h mile to the west along Black Hawk Creek. The school district is proposing to sell a portion of the area to the City of Waterloo to maintain as a park. UTILITIES: WATER, SANITARY SEWER, 8" sanitary sewer is located within Devonshire Drive to the north, STORM SEWER, ETC. and along the east property line of the site. There is also a 12" sanitary sewer to the southwest of the site, and a 4" drain tile within Devonshire Drive. The surrounding area is also served by other utilities such as water, telephone, gas, cable, etc. RELATIONSHIP TO The Future Land Use Map designates this area as Parks, Open COMPREHENSIVE Spaces, Schools, Airport, Government Facilities, and Public Areas. LAND USE PLAN: It may be necessary to amend the Future Land Use Map in the future to reflect the site as Low Density Residential. The rezone area is located within the Primary Growth Area. STAFF ANALYSIS — The proposed rezone consists of approximately 8.47 acres located 3.1.11 Rezone R2&R2CZ—Devonshire School Page 2 of 5 140 March 1,2011 ZONING at the former Devonshire Elementary School site, located at 515 ORDINANCE: Devonshire Avenue. Currently, the City of Waterloo is taking proactive steps on several infill development sites within the community. Utilizing infill development sites within developed portions of the City where existing infrastructure is readily available is a Smart Growth Practice, and the installation and extension of utilities to serve any new development would be minimal, saving on future maintenance costs for the City. The proposed rezoning for all of these sites are as Planned Districts to ensure that compatible and suitable development occurs upon these infill sites near already existing and established neighborhoods. Rezoning the land to a Planned Residence district is meant to make certain that: 1. The City of Waterloo has a greater level of review for these sites to ensure the infill sites are properly redeveloped to have a positive impact on the surrounding neighborhoods. 2. That the surrounding neighbors have a greater level of public input for the redevelopment of these sites. Many of these residents have lived and invested in these areas for a long period of time, and it is in their interest that the transition from school sites to other residential sites is done in a way that is beneficial to their homes. All of the sites are primarily located within the developed portion of the City of Waterloo, the Primary Growth Area as designated by the City of Waterloo Comprehensive Plan. This particular location at Devonshire School is located within the core of the developed portion of the City, and all necessary utilities to serve the site are located within the area. There is also a need for proper redevelopment so as to not upset the delicate nature of some neighborhoods, and ensure they continue to move forward in a positive manner. It is staff's goal that any redevelopment of these areas represent the best possible infill homes to each area. Staff would like to see new construction with compatible or better designs, compatible or bigger yards, more home amenities, and compatible or bigger houses. These sites need to uplift the neighborhoods, and make surrounding neighbors encouraged with their redevelopment, and secure that it is helping their property values and future investments in their own homes. The City of Waterloo Leisure Services Department has reviewed all of the sites to recommend they are eligible for redevelopment. This is due to other park areas and open spaces being in close proximity. The "R-1-R-P" designation suggests a lower level of density, as the underlying "R-1" designation is the lowest density level in the City of Waterloo, with lots at least 9,000 SF in area, widths of at least 75', and greater setbacks for buildings. The "R-P" designation also gives the City of Waterloo greater levels of design review, provides for special provisions and care to be taken in site 3.1.11 Rezone R2&R2CZ—Devonshire School Page 3 of 5 141 March 1,2011 layout and design itself, to ensure compatibility to adjacent land uses, including screening, landscaping, building design, etc. It also provides for greater levels of public input, as any development would be required to be reviewed by the Planning, Programming and Zoning Commission and subsequently the City Council after recommendation in lieu thereof. It is for the explicit reasons of making this a high quality development that this is proposed to being rezoned. It is proposed that prior to the approval of any specific development plan, conditions on the approval will be required, including limiting the type of development to single-family homes and possibly twin homes if appropriate, restricting the minimum lot size and lot width to be compatible with the neighborhood, and restricting designs, such as requirements for attached garages, number of stories, and minimum finished areas. STAFF ANALYSIS — SUBDIVISION There is no platting required for this request, but platting may be ORDINANCE: required when the area is developed. STAFF Therefore, staff recommends that the request to rezone from "R-2" RECOMMENDATION: One and Two Family Residence District to "R-1,R-P" Planned Residence District be approved for the following reasons: 1. The request is in conformance with the Comprehensive Plan for this area through its differing district requests and the areas designated on the Future Land Use Map, as well as planned development in a Primary Growth Area. 2. The site in question would appear to provide sufficient space to meet all required regulations including setbacks, drainage, landscaping, screening, etc. 3. The proposed rezone area is already served by all necessary utilities. 4. The areas requested are all planned districts, to allow for the orderly development of land and to ensure to the citizenry and City of Waterloo that development will occur as planned and approved, as well as providing for compatibly deigned development near neighboring development and districts. 5. The request contains all the necessary information as required by the City of Waterloo Zoning Ordinance. And subject to the following condition(s): 1. That the development will be highly scrutinized to provide a higher level of design and livability by the City of Waterloo in the following, but not limited to, categories: a) Design of homes for curb appeal, number of stories, setbacks, etc. b) Orientation, size, house density-to-lot ratio, and layout of lots c) Amenities of homes such as garages, fencing, finished areas, green space, etc. 3.1.11 Rezone R2&R2CZ—Devonshire School Page 4 of 5 142 March 1,2011 a) Relationship and positive impact on existing and surrounding development 3.1.11 Rezone R2&R2CZ—Devonshire School Page 5 of 5 143 Request to rezone approximately 8.47 acres from ' "R-2" One and Two Family Residence District to .. "R-1 ,R-P" Planned Residence District 1--w-,,,,,--..„ -1- ‘, t-3.,,,--z----- w----,--,._-_,k4----1----- _ '11....--: Fm--1-' .. 4 € - i f. U 1 1.,^ L f6 _ # PiiineerRoad t ( _ al - . a �_ �E w4 . Former Devonshire School 515 Devonshire Drive lir ... ... (... _ - ggli- -_. - - 41, g• - sir re _ _ Devonshir Dnv E - a r x CO / / --01/ ' / / / - / �/ / // -� - S! / j / ' / Presley Court j t ///' // / / / / / i Jane Street _� //;% '€ Area in Question f r r . - t n d ar At - - -1N - fee •yam , Current Floodplain Map }4� July 3, 1985 gli _I II V , ur. t 1 �_ I,� t- , 7 to - 4 - c.■ _ _ Pioneer Road �' ff ._ - p a Former Devonshire Schoolac.-.--' v „L 515 Devonshire Drive .de ... _ -ter Devonshire Drive -44;01r --' .110-- ` . 1 �! / vim. ' si / 4 " 7 / 5 FT` i / ��/ , k r , // / / N1t ' �/ / j Presley Court 77„ /7,/ /,,, :1 .„:" Ir..,, t il-IR:3,R.,p,_._:....,_, ,,___ .„7., f 4 - - V Jane Street _ , / �j '4, �, . / / _ ;- w Area in Question �- - _ }, -, , ti - . Zone-A, 100-year `- - 3 R- _. _ --I II '� Waterloo Memorial < Park Cemetery `A e, Ni {F* 5ti e -1 Feet vV fir' '= , • g _ Proposed Floodplain Map ` " An'4,' ticipated Adopti1 on Date:,July 18, 2011 t _ i-.•i i--l-? _ F 1I..L1 1.1_1 1 ,,—_-I,,,.. _- ---_ .__i _-- -_ �- '€-_ Loz Pi. Rt, ? 1611 1 ❑` Former Devonshire School `I' 515 Devonshire Drive e- -- c _ - �90 o �7 me4 � 3 i� ,a Devonshire Drive .c » a - lit _4)! , /,/ / / / / / / / / / r i Presley Court at 1 ��; / / R_3_R_P l Jane Street , ,, i` . V j - Area in Question — F . l z s - ties_ • - ? 1 r ,. ! '1 rr _ i nA Zone-A, 100-yearfloodplain - - Waterloo Memorial Park Cemetery _ r. - NE Y — m4< d� e N e� err 5 - 150 75 0 150 `{ t� J Plat Map — Former Devonshire School Site Rezone L _ _ Devonshire Drive �- — ff- 8"Sanitary Sewer d k 4"Drain Tile • 4 8"Sanitary Sewer '` FFS_ 1 Site in Question ¶ 0 `t 12"Sanitary Sewer ea V 147 APPLICATION FOR REZONING CITY OF WATERLOO PLANNING, PROGRAMMING, AND ZONING COMMISSION WATERLOO, IOWA 319.291.4366 1.APPLICATION INFORMATION: a. Applicant's name(pleas print): L�jb d` G (cr0 Address: 7/5 /7/if '�— Phone: Fax: City: {,(/W ,‘-z6 .State: /4 Zip: �7d3 b. Status of applicant:(a)Owner //(b)Other (CHECK ONE): If other explain: c. Property owner's name if different than above(please print): Address: Phone: Fax: City: State: Zip: 2.PROPERTY INFORMATION: a. General location of property to be rezoned: 5 'r' 1) > { , iT)>1t b. Legal description of property to be rezoned: c. Dimensions of Proposed Zoning Boundary(Excluding Right of Way): � . d. Area of Proposed Zoning Boundary(Excluding Right of Way): ti ` '' rt- e. Current zoning: f.;Z Requested zoning: t`- I , f2 f. Reason(s)for rezoning and proposed use(s)of property: .7rV Z c-jc' 57rp ,4 c (1/b- !I i /7 J,ti_ . g. Conditions(if any)agreed to: h. Other pertinent information(use reverse side if necessary): Please Note: If applicant is not the owner of the property, the signature of the owner must be secured. If it is the intent to subdivide (split) any land, vacant or improved in conjunction with this request it must go through a platting process (separate from rezone request). The filing fee of$200+$10 per acre($750 max)(payable to the City of Waterloo)is required(round amount down to nearest$10 increment). This fee is non-refundable. Under no condition shall said sum or any part thereof be refunded for failure of said amendment to be enacted into law. Any major change in any of the information given will require that the request go back through the process,with a new filing fee. If the request is denied no new petition covering the same or portion of the same property shall be filed with or considered by the Planning,Programming,and Zoning Commission until four(4)months have elapsed from the date of denial by the Waterloo City Council. The undersigned certify under oath and under the penalties of perjury_tha information on this request and submitted along with it is true and correct. All information submitted will used by h Waterloo Planning, Programming, and Zoning Commission and the Waterloo City Council in ma g their deci i . The undersigned authorize City Zoning Officials to enter the property in question_in to the reques . /577 Signature of Applicant Date Signature of Owner Date 148 Rezone "R-2" to "R-1, R-P" —Devonshire School Site Vti1 5 ft mod• .3 .may • -41 46 Looking southwest from Devonshire Drive. Looking southeast from Devonshire Drive. 149 RESOLUTION NO. 2011-191 RESOLUTION FIXING THE TIME AND PLACE OF HEARING TO BE GIVEN ON APPLICATION OF THE CITY OF WATERLOO TO REZONE FROM "R-2" ONE AND TWO FAMILY RESIDENCE DISTRICT TO "R-1, R-P" PLANNED RESIDENCE DISTRICT APPROXIMATELY 8 . 47 ACRES GENERALLY LOCATED AT THE FORMER DEVONSHIRE SCHOOL SITE AT 515 DEVONSHIRE DRIVE ALONG THE SOUTH SIDE OF DEVONSHIRE ROAD, NEAR ITS INTERSECTION WITH WENNER DRIVE, AS MARCH 28, 2011, AT 5: 30 P.M. IN THE COUNCIL CHAMBERS IN CITY HALL AND INSTRUCTING CITY CLERK TO PUBLISH NOTICE OF HEARING. WHEREAS, the Council of the City of Waterloo, Iowa, shall meet in the Council Chambers in the City Hall in the City of Waterloo, Iowa, at 5: 30 p.m. on the 28th day of March, 2011, for the purpose of acting upon an application of the City of Waterloo to rezone from "R-2" One and Two Family Residence District to "R- 1, R-P" Planned Residence District approximately 8 . 47 acres generally located at the former Devonshire School site at 515 Devonshire Drive along the south side of Devonshire Road, near its intersection with Wenner Drive, and legally described as follows: That part of the West 15 acres of the Northeast Quarter of the Southeast Quarter and all that part of the East 5 acres of the Northwest Quarter of the Southeast Quarter, all in Section 33, Township 89 North, Range 13, West of the 5th Principal Meridian, Black Hawk County, Iowa, lying South of the Westerly extension of the South line of Devonshire Drive as platted in Byrnbrae Second Addition to the City of Waterloo, Iowa, except therefrom the following tracts : Beginning at the Southeast corner of the East 5 acres of the Northwest Quarter of the Southeast Quarter of said Section 33; thence West 164 . 75 feet along the South line of said East 5 acres to the Southwest corner of said East 5 acres; thence North 252 feet along the West line of said East 5 acres; thence Southeasterly to the point of beginning, all in the City of Waterloo, Black Hawk County, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the City Clerk is hereby directed to publish Notice of the time and place of said hearing in the Waterloo Courier. PASSED AND ADOPTED this 14th day of March, 2011 . Quentin Hart, Mayor Pro Tem ATTEST: uzy Scha es, CMC City Clerk 1i;: CITY OF WATERLOO , IOWA u> r_ �� CITY HALL • 715 Mulberry Street • Waterloo, IA 50703 • (319)291-4301 Fax(319)291-4286 .,.._..gym drerioo �o Mayor BUCK CLARK Council Communication City Council Meeting: March 9, 2011 COUNCIL Prepared: March 14, 2011 MEMBERS Dept. Head Signature: DAVID Number of Attachments: None JONES Ward I SUBJECT: Black Hawk County Gaming Grant Application for co CAROLYN Equipment and Furnishings for the Public Market Ward 2 Submitted by: Mayor Clark HAROLD GETTY Ward 3 Recommended City Council Action: We recommend that the City Council QuENTnvM. approve an application to the Black Hawk County Gaming Association in the HART amount of$195,295 for equipment and furnishings for the Public Market. This is Ward 4 a joint application made by the Waterloo Development Corporation and the City of Waterloo. RON WELPER Summary Statement: This grant is for the equipment and furnishings needed Wards for the operations of the Public Market. BOB Expenditure Required: None GREENWOOD At-Large Source of Funds: N/A STEVE SCHMITT Policy Issue: None At-Large Alternative: Background Information: CITY WEBSITE: www.cityofwaterlooiowa.com WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer RESOLUTION NO. 2011-192 RESOLUTION AUTHORIZING SUBMISSION OF APPLICATION TO BLACK HAWK COUNTY GAMING ASSOCIATION FOR GRANT FUNDING AND DIRECTING EXECUTION OF SAID APPLICATION BY MAYOR. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the application for grant funding in the amount of $195, 295 . 00, for equipment and furnishings for the Public Market, by and between the Black Hawk County Gaming Association and the City of Waterloo, Iowa, be and the same is hereby approved, and the Mayor authorized to execute the same in behalf of the City of Waterloo, Iowa. PASSED AND ADOPTED this 17th day of March, 2011 . IelV Ernest G. Clark, Mayor ATTEST: Suzy Schares, CMC City Clerk CITY OF WATERLOO , IOWA 440 :Irk ilk .� COMMUNITY PLANNING AND DEVELOPMENT l44111116T4011111,� a 715 Mulberry Street • Waterloo,Iowa 50703-5783 • (319)291-4366 Fax(319)291-4262 'eploo NOPi.C.ANDERSON,Community Planting&Development Diu'tit CITY OF WATERLOO BUCK CLARK Council Communication CouNCIL City Council Meeting: March 14, 2011 MEMBERS Prepared: March 10, 2011 _____-__ 00 Dept. Head Signature: Noel Anderson, Community Planning & Development Director DAVID # of Attachments: 1 JONES ward/ SUBJECT: Adopt a resolution authorizing the Mayor and City Clerk to sign and fully execute a Second Amendment to Development Agreement with Deer Creek CAROLYN Develop ment, LLC from October 13, 2006 to change grant repayment schedule coil,. p Wald by City to developer for infrastructure improvements previously put in place. HAROLD Submitted by: Noel Anderson, Community Planning & Development Director GETTY Ward 3 Recommended City Council Action: Resolution approving agreement QUENTIN Wald Summary Statement: As you may recall, back in 2006, the City of Waterloo and Deer Creek Development, LLC entered into a development agreement for the RON provision of infrastructure in the Greenbelt Centre Business Park area. This WE I E R agreement helped for the turning lane improvements to Ridgeway Avenue, the Wray/i construction of water, sewer, and new road portions to provide for new projects BOB such as the Mauer Eye Center, the Social Security Office building, the Craft GREENWOOD Cochran facility, and the Turnkey & Associates office building. The proposed At large amendment will alter the repayment schedule for this infrastructure previously put srEVE in place, to better accommodate the needs of the developer, as well as help SCHMITT lower the timeline and interest rates due by the City of Waterloo. In all, we At.crt,,e believe this amendment will help to keep the area developing, as well as reduce future debt to the City of Waterloo. You may recall this original agreement was put in place with provisions to xxx the developer to work towards rapid development of the area. The proposed amendment still retains some of that language by adding additional years with the continued development of buildings in the area. Expenditure Required: See agreement Source of Funds: Martin TIF District funds Policy Issue: Economic Development within the City of Waterloo. CIIY 'WEBSITE_ www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! WATEp o1c An Equal Opportunity/AHiunanve Action Employer Alternative: NA Background Information: The City of Waterloo works with private developers to enhance development within our TIF Districts. The funds generated by TIF Districts are designed to be reused for infrastructure provision, incentives, grants, etc. to promote economic development within the TIF Districts. This amendment continues that trend of a public-private partnership, and works to create more development within the City of Waterloo. CITY OF WATERLOO , WA �ato ;1 ' � �•+ COMMUNITY PLANNING AND DEVELOPMENT $f�NC' erry SRe L.t • Waterloo.ion a 50703 ;r83 • (319)291 4 t 6h Fax(319)291-42262 l/pp NOEC.ANDERSON,Comrm,tiiy Pzarneth &DeldRiuncni 1 nncrnr CITY OF WATERLOO BUCK CLARK Council Communication (iO NC]C. - __ City Council Meeting: March 14, 2011 MEMBERS Prepared: March 10, 2011 Dept. Head Signature: Noel Anderson, Community Planning & Development Director L:> 'II) # of Attachments: 1 (ONES SUBJECT: Adopt a resolution authorizing the Mayor and City Clerk to sign and fully execute a Second Amendment to Development Agreement with Deer Creek `COI,IF " knL}`a Development, LLC from October 13, 2006 to change grant repayment schedule iEitvl a by City to developer for infrastructure improvements previously put in place. HAROLD Submitted by: Noel Anderson, Community Planning & Development Director GETTY traki Recommended City Council Action: Resolution approving agreement Summary Statement: As you may recall, back in 2006, the City of Waterloo and Deer Creek Development, LLC entered into a development agreement for the provision of infrastructure in the Greenbelt Centre Business Park area. This r'FI agreement helped for the turning lane improvements to Ridgeway Avenue, the construction of water, sewer, and new road portions to provide for new projects BOB such as the Mauer Eye Center, the Social Security Office building, the Craft GREE;NWOOD Cochran facility, and the Turnkey & Associates office building. The proposed amendment will alter the repayment schedule for this infrastructure previously put sLI_.ve in place, to better accommodate the needs of the developer, as well as help Sl HMI CT lower the timeline and interest rates due by the City of Waterloo. In all, we believe this amendment will help to keep the area developing, as well as reduce future debt to the City of Waterloo. You may recall this original agreement was put in place with provisions to xxx the developer to work towards rapid development of the area. The proposed amendment still retains some of that language by adding additional years with the continued development of buildings in the area. Expenditure Required: See agreement Source of Funds: Martin TIF District funds Policy Issue: Economic Development within the City of Waterloo. CITY WE!SI I L•. w ww ci.' aicrhto_i t us WE'RE WORKING FOR YOU ,w a o o) An Equal ntpotunitylAHnn au e ActIon Employer Alternative: NA Background Information: The City of Waterloo works with private developers to enhance development within our TIF Districts. The funds generated by TIF Districts are designed to be reused for infrastructure provision, incentives, grants, etc. to promote economic development within the TIF Districts. This amendment continues that trend of a public-private partnership, and works to create more development within the City of Waterloo. Prepared by Chris Wendland,Clark, Butler,Walsh&Hamann, PO Box 596,Waterloo, Iowa 50704, (319)234-5701 SECOND AMENDMENT TO DEVELOPMENT AGREEMENT This Second Amendment to Development Agreement (the "Second Amendment") is entered into as of March , 2011, by and between the City of Waterloo, Iowa ("City") and Deer Creek Development, LLC ("Company"). RECITALS A. Company and City are parties to a certain Development Agreement entered into as of October 13, 2006 (the "Agreement"). The Agreement provided for certain grants to be made by City to Company from specific tax revenues generated by the Property in connection with specified development activities. The Agreement was amended by an Amendment to Development Agreement entered into as of July 7, 2008 (the "First Amendment"). B. The parties desire to further amend the Agreement on the terms set forth herein in order to revise the amount of grants to be paid. NOW, THEREFORE, in consideration of the mutual promises set forth herein, the parties hereby agree to amend the Agreement as follows: 1. The Agreement is hereby amended to strike Section 3 in its entirety and to add a new Section 3 as follows: "3. Grants to Company. As an inducement for Company to make the Street Improvements in connection with development of the Property, the City agrees to make grants to Company as follows: A. Company acknowledges receipt of the sum of $80,000.00 previously paid by City. B. City shall pay Company the sum of$300,000.00, on or before April 1, 2011. 1 C. City shall pay Company the greater of(i) the sum of $200,000.00 or (ii) the amount due under paragraph 3.G or 3.H below, as applicable, for each fiscal year ending in 2012, 2013, 2014, and 2015. D. If a building project with a minimum assessed value of $1,000,000.00 is built on the Property after January 1, 2011 and is completed on or before December 31, 2015, City shall pay Company the greater of (i) the sum of $200,000.00 or (ii) the amount due under paragraph 3.G or 3.H below, as applicable, for each fiscal year ending in 2016 and 2017. If these conditions are not met, City shall pay Company the amount due under-paragraph-3.G or 3:H; as—applicable;-for said fiscal years. E. If a building project is completed on the Property in accordance with paragraph 3.0 above, and if a second building project with a minimum assessed value of$1,000,000.00 is built on the Property and is completed on or before December 31, 2017, City shall pay Company the greater of (i) the sum of $200,000.00 or (ii) the amount due under paragraph 3.G or 3.H below, as applicable, for the fiscal year ending in 2018. If these conditions are not met, City shall pay Company the amount due under paragraph 3.G or 3.H, as applicable, for said fiscal year. F. Beginning in fiscal year 2019 and continuing until City has paid Company all sums payable under this Agreement, City shall pay Company in accordance with the provisions of paragraph 3.G or 3.H below, as applicable. G. This paragraph sets forth the default method for calculating grant payments when a party making improvements on the Property (a "Developer") has a separate development agreement with City. City shall pay to Company a semi-annual grant equal to 100% of the property taxes collected by the City (excluding Non-TIF Collections as defined in paragraph 3.H.2 below) from a Developer pursuant to a separate development agreement with City, reduced by any and all tax rebates that the City is required to pay to the Developer pursuant to the terms of any development agreement with such Developer. For purposes of illustration only, if an agreement between City and a Developer provides for rebatement of 50% of qualifying property taxes for a period of five years, then Company would receive a grant equal to the remaining 50% of qualifying property taxes in each year of such period. No grant with respect to such Developer's project shall be made to Company before a property tax rebate is first paid to the Developer. At the end of the Developer's tax rebatement period, City will grant to Company 100% of property tax rebates allowable until Company has been repaid pursuant to paragraph 3.K below. For purposes of this paragraph, the term "Developer" may include Company with respect to improvements made on 2 the Property other than the improvements that are the subject of this Agreement. Notwithstanding that Company has no right of approval or disapproval with respect to any development agreement that City may enter into with a Developer, Company acknowledges that City has entered into a development agreement with Mauer Land, L.L.C. as Developer, and Company hereby consents to such agreement for purposes of this paragraph 3.G. H. This paragraph sets forth the default method for calculating grant payments that are not within the scope of paragraph 3.G above. —With respect-to any taxable improvements-("Non-Qualifying Improvements") constructed on the Property that are not subject to a separate development agreement between the City and the owner-builder of the Non-Qualifying Improvements, City shall pay to Company a semi- annual grant equal to 100% (with the exceptions noted below) of the property tax capable of rebatement, if not for the non-qualifying character of the improvements, starting in "Year One" and continuing thereafter until Company has been repaid pursuant to paragraph 3.K below. For purposes of illustration, a "Non-Qualifying Improvement" means, generally, an improvement of a type that is not eligible for property tax rebates or similar incentives, such as improvements for a retail business. 1. "Year One" shall be the first year for which the assessment is based upon the partial or completed value of the Non-Qualifying Improvements, but not a prior year for which the assessment is based solely upon the value of the land. 2. The above-described rebate program is not applicable to any special assessment levy, debt service levy, or any other levy that is exempted from treatment as tax increment financing under the provisions of applicable law (collectively, "Non-TIF Collections"). I. Rebates are payable in respect of a given year only to the extent that general property taxes that are due and owing for such year have actually been paid. The City will pay rebates in equal semi-annual installments on or before November 1 and the following May 1 of each fiscal year. J. Notwithstanding anything to the contrary in this Section 3, in no event will the cumulative amount of grants payable by City to Company exceed the total of Street Improvement costs incurred by Company, as documented to City's reasonable satisfaction, plus interest on such costs at the rate of 7% per annum commencing on the date that Company made payment of such costs, and continuing until grants paid to Company by 3 City equal such costs plus interest. Effective as of April 1, 2011 and thereafter, the interest rate shall be adjusted to 4.75%. K. If City fails to make payment of any installment due under this Section 3 within ninety (90) days of it being due and payable, Company shall have the right to declare City to be in default of this Agreement following City's failure to cure the default within an additional sixty (60) days after written notice from Company to City that specifically references this paragraph 3.K. In addition to the City officials required to be notified under paragraph 6(a), Company shall also deliver a copy of the foregoing notice to City's Chief Financial Officer. 2. Except as modified herein, the Agreement shall continue in full force and effect. The Agreement, as amended by the First Amendment and this Second Amendment, shall inure to the benefit of and be binding upon the parties and their respective successors and assigns. Capitalized terms used but not defined herein shall have the meanings ascribed to them in the Agreement. IN WITNESS WHEREOF, the parties have executed this Second Amendment to Development Agreement by their duly authorized representatives as of the date first set forth above. Deer Creek Development, LLC City of Waterloo, Iowa ht,t1,g By: 'z By: Harold L. You lu anager Ernest G. Clark, Mayor By: Suzy Schares, City Clerk 4 1 RESOLUTION NO. 2011-193 RESOLUTION APPROVING SECOND AMENDMENT TO DEVELOPMENT AGREEMENT WITH DEER CREEK DEVELOPMENT, LLC AND DIRECTING EXECUTION OF SAID AGREEMENT BY MAYOR. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Second Amendment to the original Development Agreement dated October 16, 2006, to strike Section 3 in its entirety and to add a new Section 3 changing the repayment schedule by the City to the developer for infrastructure improvements previously put in place, by and between Deer Creek Development, LLC of Waterloo, Iowa and the City of Waterloo, Iowa, be and the same is hereby approved, and the Mayor and City Clerk authorized to execute the same in behalf of the City of Waterloo, Iowa. PASSED AND ADOPTED this 14th day of March, 2011 . II' Quentin Hart, Mayor Pro Tem ATTEST: �Gp P..() Suzy Sc res, CMC City Clerk /ialk '� ���, CITY OF WATERLOO , IOWA COMMUNITY PLANNING AND DEVELOPMENT r°rl �� 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319)291-4366 Fax(319)291-4262 oo \ NOEL C.ANDERSON,Community Planning&Development Director Council Communication City Council Meeting: 03/14/11 Mayor Prepared: 03/08/11 !/ BUCK CLARK Dept. Head Signature: # of Attachments: 7 COUNCIL MEMBERS SUBJECT: Request to approve First Amendment to Contract for Asbestos Abatement Services dated February 15, 2011 for asbestos abatement services DAVID pertaining to the City of Waterloo's Hazard Mitigation Grant Program to authorize JWONES Change Order No. 1 for a net increase of$880 for work performed by Advanced Environmental Testing and Abatement, Inc. under the Contract, with a revised CAROLYN contract limit and total actual expenses allowed by the Contract not to exceed COLE $87,590. Ward 2 HAROLD Submitted by: Aric Schroeder, City Planner GETTY Ward 3 Recommended City Council Action:Approve the First Amendment to Contract, QUENTIN and authorize the Mayor and City Clerk to sign said Amendment. HART Ward 4 Summary Statement: RON Expenditure Required: Total not to exceed Contract amount is being increased WELPER Wards $880, from $86,710 to$87,590 BOB Source of Funds: FEMA Public Assistance (PA) Project Worksheet02RJD73 GREENWOOD At-Large Policy Issue: This Contract provides asbestos abatement services for properties STEVE acquired as part of the HMGP Property Acquisition Project. The abatement SCHMITT contractor, Advanced Environmental, has determined that there were 11 additional At-I'are windows with asbestos glazing at 807 Riverside Drive, in addition to the three windows with asbestos glazing that was identified in the asbestos survey report prepared by the survey contractor,ATC, Inc. The additional windows were not included in the bid from Advanced Environmental, and the Contract Documents provide for such a change order. The change order has already been approved by HSEMD State Demolition team. Alternative: None. The windows have been identified as asbestos and must be abated. The dwelling can not be demolished without first being abated, and the terms of the FEMA funds used to acquire the property require that the dwelling be abated and demolished. FEMA Public Assistance funds will cover the costs. CITY WEBSITE: www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! 11111 An Equal Opportunity/Affirmative Action Employer Background Information: On 1/20/09 the City Council authorized the submittal of an application to apply for Hazard Mitigation Grant Program (HMGP) 1763 Structural Acquisition (Buy Out) funds through the Iowa Homeland Security and Emergency Management Division (HSEMD). On 7/17/09 the City of Waterloo received official notice that the City was awarded funding under the program in accordance with the scope of work and budget that was included in our application that was submitted and approved by HSEMD and FEMA. On 8/3/09 the City Council authorized the agreement between HSEMD and the City of Waterloo, which has subsequently been executed. The total HMGP Property Acquisition (Buy Out) budget is $4,859,419.00, with funding from HSEMD for up to 75% of the total project budget, and funding from the Iowa Department of Economic Development (IDED) through a Supplemental Community Development Block Grant (CDBG) for the required 15% local match and the 10% state share. The Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 45121- 5207 provides for the FEMA Public Assistance (PA) Program. The PA Program funds multiple disaster recovery activities, such as debris removal. Sections 403 Essential Assistance and 404 Hazard Mitigation provide funding for demolitions associated with a HMGP Property Acquisition (Buy Out) Program. With this disaster (DR-1763) the program is funded 90%Federal share and 10% State share, with no required local match. Unlike the HMGP Program, with the PA Program communities are not issued an award, but all eligible expenses will be reimbursed through Project Worksheets (PW's). Therefore expenses related to the demolition of acquired properties, including administration and contractual expense (which would include an asbestos abatement contract) will be eligible for reimbursement through the FEMA PA Program. The City of Waterloo is looking to award a contract after seeking proposals for asbestos abatement services in connection with the property acquisition project. This initial contract is for twenty seven properties with twenty eight homes. All properties have been acquired by the City of Waterloo as part of the HMGP Property Acquisition Project. On 2/7/11 the City Council awarded a contract for asbestos abatement services in connection with the HMGP Project to Advanced Environmental Testing and Abatement, Inc. The RFP that was used to solicit bids included a summary of the asbestos survey reports prepared by ATC Associates, Inc. The RFP provided wording on the ability to submit a request for change order if the abatement contractor found additional asbestos that was not identified by the survey contractor, which is the case with this request. Staff has reviewed the proposed change order and amendment to the contract with officials from the State of Iowa Homeland Security and Emergency Management Division, which oversees the project and funds paying for the project, and they have concluded that the City has provided sufficient justification for the change order. If you have any questions or need any additional information on this matter, please contact our office. cc: Noel Anderson,Community Planning&Development Director Path: K:\USERS\ARIC-S\City of Waterloo\council letters\RFPs Bids Contracts and Agreements for Goods or Services\11-09-10 Council Communication First Amendment to Contract for Appraisal Services 2nd Appraiser for HMGP.doc FIRST AMENDMENT TO CONTRACT FOR ASBESTOS ABATEMENT SERVICES This First Amendment to Contract for Asbestos Abatement Services is made as of the latest date set forth below by and between the City of Waterloo, Iowa ("City") and Advanced Environmental Testing and Abatement,Inc. ("Contractor"). WITNESSETH: WHEREAS, the City and the Contractor have heretofore entered into a certain Contract for Asbestos Abatement Services dated February 15, 2011 (the "Agreement") for the Contractor to provide asbestos abatement services to the City pertaining to the City of Waterloo's Hazard Mitigation Grant Program(HMGP)Property Acquisition Project; and, WHEREAS, pursuant to the Agreement, the Agreement may not be modified or amended except pursuant to the mutual written agreement of the parties; and, WHEREAS, the Contractor has determined that there is additional asbestos containing material (ACM) that was not identified by the asbestos testing and survey reports, and that the additional ACM must also be abated, and that the cost to abate the additional ACM is not part of the scope of work covered by the Agreement; and, WHEREAS, the Contractor has provided a bid tab for Change Order No. 1, with a net increase of$880 for work performed under the Agreement. NOW, THEREFORE, the parties hereby amend the Agreement to approve Change Order No. 1 with a ne t increase of$880 for work performed under the Agreement, for a revised contract limit and total actual expenses allowed by the Agreement not to exceed $87,590. All other terms and conditions of the Agreement shall remain in full force and effect, without modification. IN WITNESS WHEREOF, the parties have caused this First Amendment to Contract for Asbestos Abatement Services to be executed by their duly authorized representatives. CITY OF WATERLOO,IOWA ADVANCED ENVIRONMENTAL TESTING AND ABATEMENT, INC. By: By Ernest G. Clark, Mayor ay J. ell , aterloo Asbestos Ab ent ager Date: Date: \ 3 2 cS Attest: Suzy Schares, City Clerk C _ 1 3 °7 = = 1 to 5, o o n =_ O Z'� 0 7 (3 K a 5. -c U 4 co 3 9 co Coo. C =.m o = m O � n agcog C ri. xi o ° u `m_ 3 30 Co C o0 30 0 3 coo -. O.CDco N r m < -0 co S 3 m m m C o3v m a ° CD .ct CD y o o GZ)3 50 c. ; ym � � 3 m T O 0 2 CDN ."L7 C) m r 0r m co m (vV^. "..` D a $OO �,W C- mo o , v F $ m Da - N 0) r N x 7 a = no � O m DQ Cl- r x m-0a 1 o r -< C) r= c �a = w 0 ,C Co = 1 ODoo m na° oV K ma mc � W C ?- r 3 y E m°_' a co D ko m CO Z. a C 10O 3 ' co C S - - N — Z,,- 0 0N 6p O ma, o 5 S fl.: m� = ovfDm O y0 N = f' 3 O p� 3 m o < < '`; Z m 5, o O a m 00 A V CO ) m y m cci o1 a y ie_ m.. T C 3 o m y+o ,. 3vo m _ 3 mNo � o " a 0o = a al � v S v o � � Cr 0 � Ooj 0 'N' 5 NCm (C °. a)0 CO 3 = 3 m v so 0) o -, ,C � o so o m onm o- = C0c' Z N 0 � cr = o o al z 0 CD (ohm O S 0 O—a' n c0i CC X N113 r% I 0 N o a ^ Zn 1C A O m = oopo ` Co a 0 Q c 5\ 1 �. O Maa co �' 3 w Q�. a C o m g a. �' 4 , D y . y i e e - NI . e-. Ni C' n o 0 co 5 t F E, C ,-- N m n o R. a -i _ m cD 3- o L.CD0 CO 3. 1 c., cD0'1 0 rn O n y 00- ? cm -1 < N 4 O i r` CONTRACT FOR ASBESTOS ABATEMENT SERVICES This Contract for Asbestos Abatement Services(the"Contract") is entered into as of February 15,2011,by and between the City of Waterloo,Iowa("City") and Advanced Environmental Testing and Abatement, Inc. ("Contractor"). In consideration of the mutual promises exchanged herein, the parties agree as follows: 1. Term and Services. For a period of six(6)months after the date of this Contract, subject to extension upon the mutual written agreement of the parties,the Contractor agrees to furnish all tools, labor and materials, and perform and substantially complete all work within the time period stated in the specifications after receipt of Notice to Proceed with respect to a given property or set of properties. By executing this Contract, Contractor certifies that it holds an asbestos permit issued by the Iowa Division of Labor and that all personnel who perform work on the project will have an asbestos license issued by the Iowa Division of Labor. Contractor agrees that such permit and licenses will be maintained during the term of this Contract. Work to be performed includes all work described in the Contract Documents(defined below). Contractor shall provide the above services at the cost set forth in the Contractor's RFP response. Contractor will be paid separately for each property at which services are performed. Contractor's request for payment for services authorized under this Contract shall be submitted on a monthly basis and will be paid within forty-five(45) days after receipt of an original invoice and after such services are delivered and accepted. Contractor will be paid for all items satisfactorily completed. Such payment will be full compensation for asbestos removal and disposal, for all permits, licenses, inspections, for complying with all laws,rules, regulations and ordinances, including safety, and for furnishing all materials, equipment and labor to complete the work in accordance with the plans and specifications. 2. Contract Documents. The following documents(collectively,the"Contract Documents") are hereby incorporated by reference as though set forth herein in full: a. Request for Proposal b. Addenda c. Response (Proposal) from the Contractor In the event of conflict between the provisions of the Contract Documents and this Contract,the provisions of this Contract shall prevail. 2.1 Contract Limits. Total actual expenses allowed by the project Contract,including any renewal extensions of the Contract, shall not exceed $86,710.00 as provided in the Bid Tabulation that is part of Contractor's RFP Response referenced in Section 2.c above, except by written amendment as provided herein. 3. Approval; Timing of Work. Contractor shall not begin work until after the Contract has been approved by the City Council and a completely executed copy has been returned to Contractor with Notice to Proceed. The work shall commence within seven(7) days after the City has issued a Notice to Proceed with respect to any particular property or set of properties, and all work shall be completed and delivered within thirty(30) days after issuance of the Notice to Proceed. 4. Performance Bond. Contractor shall furnish a bond in an amount equal to One Hundred percent(100%)of the contract price and shall be issued by a responsible surety acceptable to the City. The bond shall guarantee the faithful performance of the contract and the terms and conditions therein contained, shall guarantee the prompt payment of all materials and labor and protect and shall save harmless the City from claims and damages of any kind arising out of the performance of this contract. 4.1 Payment Bond. Contractor will be required to furnish a payment bond 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 payment as required by law of all persons supplying labor and material in the execution of the work provided for in the Contract. 5. Reporting; Records. Contractor shall exercise best efforts to maintain communication with City personnel whose involvement in the project is necessary or advisable for successful and timely completion of the work of the project. Communications between the parties shall be verbal or in writing, as requested by the parties or as dictated by the subject matter to be addressed. Contractor shall maintain all project records for a minimum period of three(3) years after the date of final payment for services rendered under this Contract. During the term of this Contract and for the ensuing record-retention period, Contractor shall make any or all project records available upon reasonable request, and in any event within two (2)business days of request, to City,Iowa Homeland Security and Emergency Management Division (HSEMD),the Federal Emergency Management Agency(FEMA), the Comptroller General of the United States,and any other agency of state or federal government, or the duly authorized representatives of any of the foregoing, that has provided funding or oversight for the HMGP property acquisition project, for the purpose of making audit, examination, excerpts and/or transcriptions. For purposes of this section, "records"means any and all books, documents, papers and records of any type or nature that are directly pertinent to this Contract. Contractor agrees to furnish,upon termination of this Contract and upon demand by the City, copies of all basic notes and sketches, charts,computations, and any other data prepared or obtained by the Contractor pursuant to this Contract, without cost and without restrictions or limitation as to the use relative to specific projects covered under this Contract. In such event,the Contractor shall not be liable for the City's use of such documents on other projects. 6. Government-Mandated Provisions. Because the project activity is funded by the federal government, federal law requires that the City's contracts relating to the project include certain provisions. It is possible that some of the provisions set forth in this Section do not apply to Contractor or the services to be provided hereunder,but the provisions are nonetheless set forth to cause this Contract to comply with federal law. City makes no representation about whether any particular requirement is applicable to this Contract. Parenthetical comments in the following paragraphs are taken from 44 CFR § 13.36(i). A. Remedies. See Section 8 below. 2 B. Termination for Cause and for Convenience. See Sections 8 and 9 below. C. Contractor shall comply with Executive Order 11246 of September 24, 1965, entitled"Equal Employment Opportunity,"as amended by Executive Order 11375 of October 13, 1967,and as supplemented in Department of Labor regulations (41 CFR Chapter 60). (applies to all construction contracts awarded in excess of$10,000 by grantees and their contractors or subgrantees) D. Contractor shall comply with the Copeland"Anti-Kickback"Act(18 U.S.C. 874) as supplemented in Department of Labor regulations(29 CFR Part 3). (applies to all contracts and subcontracts for construction or repair) E. Contractor shall comply with the Davis-Bacon Act(40 U.S.C.276a to 276A-7)as supplemented by Department of Labor regulations (29 CFR Part 5). (applies to construction contracts in excess of$2,000 awarded'by grantees and subgrantees when required by federal grant program legislation,but does not apply to projects paid for with disaster funding) F. Contractor shall comply with Sections 103 and 107 of the Contract Work Hours and Safety Standards Act(40 U.S.C. 327-330)as supplemented by Department of Labor regulations(29 CFR Part 5). (applies to construction contracts awarded by grantees and subgrantees in excess of$2,000,and in excess of$2,500 for other contracts which involve the employment of mechanics or laborers) G. City's Reporting Regulations and Requirements. See Section 4 above. H. Patent Rights and Copyrights. With respect to any discovery or invention which arises or is developed in the course of or under this Contract,the Archaeological Company is responsible for complying with requirements pertaining to patent rights, as defined by the awarding agency. With respect to any publication, documents, or data that arises or is developed in the course of or under this Contract, the Archaeological Company is responsible for complying with requirements pertaining to copyright, as defined by the awarding agency. I. Access to Documents. See Section 4 above. J. Retention of Documents. See Section 4 above. K. Contractor shall comply with all applicable standards, orders,or requirements issued under Section 306 of the Clean Air Act(42 U.S.C. 1857(h)), Section 508 of the Clean Water Act(33 U.S.C. 1368),Executive Order 11738,and Environmental Protection Agency regulations(40 CFR Part 15). (applies to contracts,subcontracts, and subgrants of amounts in excess of$100,000) L. Energy Efficiency Standards. Contractor shall comply with mandatory standards and policies relating to energy efficiency that are contained in the State Energy Conservation Plan issued pursuant to the Energy Policy and Conservation Act(Pub. L. 94-163, 89 Stat. 871). [53 FR 8078, 8087,Mar. 11, 1988, as amended at 60 FR 19639, 19645, Apr. 19, 1995]. 3 7. Indemnity. Except as to any negligence of City, its officials, officers, employees or agents, in the performance of any duty under this Contract, and to the extent not covered by insurance maintained by Contractor, Contractor agrees to defend and indemnify City, its officials, officers, employees and agents, and to hold same harmless, from and against any and all claims,demands, causes of action,losses, costs, or liabilities whatsoever,including but limited to reasonable attorneys' fees and expenses,arising from or in connection with the acts or omissions of Contractor in providing the services contemplated by this Contract, 8. Default; Termination for Cause. In the event that Contractor defaults in the performance or observance of any covenant,agreement or obligation set forth in this Contract,and if such default remains uncured for a period of seven(7)days after notice thereof shall have been given by City to Contractor(or for a period of fourteen(14)days after such notice if such default is curable but requires acts to be done or conditions to be trinedied which,by their nature,cannot be done or remedied within such 14-day period and thereafter Contractor fails to diligently and continuously prosecute the same to completion within such 14-day period),then City may declare that Contractor is in default hereunder and may take any one or more of the following steps, at its option: a. by mandamus or other suit,action or proceeding at law or in equity,require Contractor to perform its obligations and covenants hereunder,or enjoin any acts or things which may be unlawful or in violation of the rights of the City hereunder,or obtain damages caused to the City by any such default; b. have access to and inspect, examine and make copies of all books and records of Contractor which pertain to the project; c. declare a default of this Contract,make no further disbursements,and demand immediate repayment from Contractor of any funds previously disbursed under this Contract; d. terminate this Contract by delivery to Contractor of written notice of termination; and/or e. take whatever other action at law or in equity may be necessary or desirable to enforce the obligations and covenants of Contractor hereunder,including but not limited to the recovery of funds. No delay in enforcing the provisions hereof as to any breach or violation shall impair,damage or waive the right of City to enforce the same or to obtain relief against or recover for the continuation or repetition of such breach or violation or any similar breach or violation thereof at any later time or times. In the event that City prevails against Contractor in a suit or other enforcement action hereunder, Contractor agrees to pay the reasonable attorneys' fees and expenses incurred by City. 9. Termination for Convenience. This Contract may be terminated at any time, in whole or in part,upon the mutual written agreement of the parties. City may also choose to terminate this Contract at any time by delivering to Contractor 10-days' advance written notice of intent to terminate. 4 10. Non-Assignable Duties. Contractor may not assign its duties hereunder without the prior written consent of City. 11. Independent Contractor. Contractor is an independent contractor and is not an employee, servant, agent,partner, or joint venturer of City. Contractor has no power or authority to enter into contracts or agreements on behalf of City. City shall determine the work to be done by Contractor,but Contractor shall determine the legal means by which it performs the work specified by City. City is not responsible for withholding, and shall not withhold, FICA or taxes of any kind from any payments which it owes Contractor. Neither Contractor nor its employees, if any, shall be entitled to receive any benefits which employees of City are entitled to receive and shall not be entitled to workers' compensation, unemployment compensation, medical insurance, life insurance,pension, or any benefits of any type or nature whatsoever on account of their work for City. Contractor shall be solely responsible for compensating its employees, if any. 12. Anti-Discrimination. During the performance of this Contract, Contractor, for itself, its assignees and successors in interest, agrees to comply with the anti-discrimination laws of the State of Iowa, as contained in Sections 19B, 551.4 of the Code of Iowa,which are herein incorporated by reference and made a part of this Contract. 13. Severability. In the event any provision of this Contract,together with the Contract Documents, is held invalid, illegal, or unenforceable, whether in whole or in part, the remaining provisions of this Contract shall not be affected thereby and shall continue in full force and effect. If, for any reason, a court finds that any provision of this Contract is invalid, illegal, or unenforceable as written,but that by limiting such provision it would become valid, legal, and enforceable,then such provision shall be deemed to be written and shall be construed and enforced as so limited. 14. General Terms. This Contract,together with the Contract Documents,constitutes the entire agreement between the parties pertaining to the subject matter hereof. This Contract may not be modified or amended except pursuant to the mutual written agreement of the parties. This Contract is binding on the parties and the heirs,personal representatives, successor and assigns of each. Time is of the essence in the performance of the terms hereof. IN WITNESS WHEREOF, the parties have executed this Contract for Asbestos Abatement Services as of the date first set forth above. CITY OF WATERLOO,IOWA ADVANCED ENVIRONMENTAL TEST al G AND ABATEMENT,INC. By: dif war- mest G. lark,Mayor ay J. e f llyn, tifirerloo Asbestos Abat• e t Man.ler Attest` Suzy Scares, City Clerk 5 CITY OF WATERLOO eat t( Council Communication City Council Meeting: 3/14/11 Prepared: 3/9/11 d Dept. Head Signature: # of Attachments: SUBJECT: 2011 Right of Way Contract Mowing Submitted by: JB Bolger- Golf&Downtown Area Maintenance Manger Recommended City Council Action:Approve Plans, Specifications, and Bid Documents for 2011 Right of Way Contract mowing and set the date of public hearing and bid opening for Monday March 28, 2011. Summary Statement The City of Waterloo utilizes contractors to mow many of the City's right of ways including the following corridors: • San Marnan Dr. • US 218 • Green Hill Rd. • Martin Luther King Jr. Dr. • Broadway St. • Dubuque Rd. • Virden Creek Waterway Expenditure Required Depends on bid prices. Source of Funds General fund 4100 Leisure Services Parks 1390 Contracted Services Policy Issue N/A Alternative N/A Background Information: Leisure Services has been using private contractors to mow these right- of-way areas for at least 15 years. CITY OF WATERLOO LEISURE SERVICES COMMISSION 2011 RIGHT-OF-WAY MOWING The Waterloo Leisure Services Commission is seeking bids for 2011 RIGHT-OF-WAY MOWING. BID REQUEST Sealed bids are due 12:00 NOON, Monday, March 28, 2011, to the City Clerk at her office at City Hall, 715 Mulberry Street, Waterloo, IA 50703. Bids must be submitted on the Waterloo Leisure Services Bid Form. Bids will be opened in open Council meeting to be held in the Council Chambers in City Hall, Waterloo, Iowa on Monday, March 28, 2011, at 5:30 PM. The City of Waterloo reserves the right to reject any and/or all bids. When submitting bid, please note on the lower, left-hand corner of envelope: Waterloo Leisure Services Commission 2011 RIGHT-OF-WAY MOWING All work to meet City of Waterloo codes. Questions, please contact JB Bolger, Golf Manager, at Leisure Services, 291-4370, Monday through Friday 7:00 a.m. to 4:00 p.m. CITY OF WATERLOO, IOWA LEISURE SERVICES COMMISSION NOTICE OF PUBLIC HEARING On Proposed Specifications and the NOTICE TO BIDDERS for 2011 RIGHT-OF-WAY MOWING RECEIVING OF BIDS Sealed proposals will be received by the City Clerk of the City of Waterloo, Iowa, at her office in City Hall, Waterloo, Iowa, on Monday, March 28, 2011, until 12:00 NOON., for the 2011 RIGHT-OF- WAY MOWING as described in the plans and specifications now on file in the City Clerk's office and the Waterloo Leisure Services Commission office. OPENING OF BIDS All proposals received for the RIGHT-OF-WAY MOWING will be opened in open Council meeting to be held in the Council Chambers in City Hall, Waterloo, Iowa, on Monday, March 28, 2011, at 5:30 p.m:, and the proposals will be referred to the Waterloo Leisure Services Commission for recommendation of award. PUBLIC HEARING Notice is hereby given that the Waterloo City Council will conduct a public hearing on the proposed specifications and form of contract for the 2011 RIGHT-OF-WAY MOWING at 5:30 p.m. on Monday, March 28, 2011. The hearing will be held in the Council Chambers in Waterloo City Hall. The contract documents are on file in the City Clerk's office, 715 Mulberry St. and the Waterloo Leisure Services Commission office, 1101 Campbell Ave., Waterloo, Iowa, for public examination. Any person interested may file written objection with the City Clerk before the date set for the hearing or appear and make objection at the meeting. SCOPE OF WORK The Contractor shall provide all labor and materials necessary to mow the designated right-of-way areas in accordance with these plans and specifications. CONTRACT PERIOD The period of time covered under this proposed contract shall be the 2011 growing season (approximately May 1, 2011, through October 15, 2011). NOTICE TO BIDDERS Page I of 3 PROPOSALS SUBMITTED All bids must be submitted on forms supplied by the Waterloo Leisure Services Commission. The bidder shall bid on a per unit price (WITH EACH "Option"treated as a separate unit) as shown on the Bid Form. Each unit should be bid as a stand-alone item and not merely as a component of a total bid package that includes all options together. BID SECURITY REQUIRED All bids must be accompanied, in a separate envelope, by a certified or cashier's check drawn on an Iowa bank chartered under the laws of the United States, or a certified share draft drawn on a Credit Union in Iowa chartered under the laws of the United States, or a bid bond payable to the City of Waterloo, Iowa, in the sum of Three Thousand Dollars ($3,000.00), which certified check, certified share draft, or bid bond will be held as security that the Bidder will enter into a Contract for the mowing 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, the bid security may be retained by said City as agreed liquidated damages. If Bid Bond is used, it must be signed by both the bidder and the surety or the surety's agent. Signature of surety's agent must be supported by accompanying Power of Attorney. CONTRACT AWARD The Leisure Services Commission has divided the mowing contract into six (6) areas as indicated on the Bid Form. Each is severable from the others and may be the subject of a separate contract. The City shall award one or more Contracts to the responsible Bidder(s) whose bid, conforming to the Specifications and without regard to whether the bid is made on a per-Option or a total basis, is most advantageous to the City and the Waterloo Leisure Services Commission, price and other factors considered. The City reserves the right to award a contract for any single Option, any combination of Options, or all Options together. The intention is not to award the contract at the time of bid opening, but to award the contract after review of bids and bidder information by the City and Waterloo Leisure Services Commission such that the award is made within thirty (30) days after bid opening. The City reserves the right to waive any and all parts of a specific bid. BOND The successful Bidder shall furnish a Performance Bond, within ten (10) days after notification of acceptance of the bid, in the amount of Fifty Thousand Dollars ($50,000.00). The Bond is to be issued by a responsible surety approved by the City Council and shall guarantee the faithful performance of the contract and the terms and conditions therein contained and shall guarantee the prompt payment of all materials and labor and protect and save harmless the City from claims of any kind caused by the operation of the Contractor. AFFIRMATIVE ACTION PROGRAM The successful Bidder and any subcontractors will be required to execute and have approved an Affirmative Actions Program or Update before beginning work on the project, if they have been awarded an aggregate of$10,000 in city projects during the current calendar year. NOTICE TO BIDDERS Page 2 of 3 METHOD OF PAYMENT TO CONTRACTOR Payment to the contractor for services performed shall be paid on a monthly basis. Payments shall be based on the actual number of acres mowed the previous period. A detailed bill of completed work must be received by the Waterloo Leisure Services Commission before payment can be made. Actual number of acres mowed must agree with numbers recorded by the Leisure Services Commission. Published pursuant to the provision of Division VI of Chapter 384 the City Code of Iowa and upon order of the City Council of said Waterloo, Iowa, on the day of , 2011 City of Waterloo, Iowa, Suzy Schares, City Clerk NOTICE TO BIDDERS Page 3 of 3 CITY OF WATERLOO, IOWA Waterloo Leisure Services INSTRUCTION TO BIDDERS T. EXPLANATIONS TO BIDDERS Any explanation desired by a bidder regarding the meaning or interpretation of the Notice to Bidders, Plans, Specifications, etc., must be requested in writing and with sufficient time allowed for a reply to reach bidders before submission of their bids. Any interpretation made will be in the form of an amendment of the Notice to Bidders, Plans, Specifications, etc., and will be furnished to all prospective bidders. Its receipt by the bidder must be acknowledged in the space provided on the Proposal Form or by letter or telegram received before the time set for opening of bids. Oral explanations or instructions given before the award of the contract will not be binding. IT. PROPOSALS SUBMITTED All bids must be submitted on forms supplied by the Waterloo Leisure Services. Before submitting a bid, each bidder shall carefully examine the drawings (if any), read the specifications and all other contract documents and visit the site of the work. Each bidder shall be fully informed, prior to the bidding, as to all existing conditions and limitations under which the work is to be performed and shall include in this bid a sum to cover the cost of all items necessary to perform the work as set forth in the contract documents. No allowance will be made to any bidder because of lack of such examination or knowledge. The submission of a bid shall be construed as conclusive evidence that the bidder has made such examination. The bidder's attention is directed to the fact that all applicable state laws, municipal ordinances and the rules and regulations of all authorities having jurisdiction over the project shall apply to the Contract throughout and they shall be deemed to be included in the Contract the same as though herein written out in full. III. LATE BIDS AND MODIFICATIONS OR WITHDRAWALS Bids and modifications or withdrawals thereof received at the office designated in the Notice to Bidders after the exact time set for closing of bids will not be considered. However, a modification which is received from an otherwise successful bidder, and which makes the terms of the bid more favorable to the City, will be considered at any time it is received and may thereafter be accepted. Bids may be withdrawn by written or telegraphic request received from bidders prior to the time set for closing of bids. TV. PUBLIC OPENING OF BIDS Bids will be publicly opened at the specified time and place for opening in the Notice to Bidders. Their content will be made public for the information of bidders and others interested who may be present either in person or by representative. INSTRUCTIONS TO BIDDERS PAGE I OF 3 V. COLLUSIVE AGREEMENTS A. Each bidder submitting a bid shall execute and include with the bid, a Non-Collusion Affidavit in the form herein provided, to the effect that he has not colluded with any other person, firm,or corporation in regard to any bid submitted. B. Each bidder submitting a bid shall have each proposed subcontractor, if any, execute and include with the bid, a Non-Collusion Affidavit in the form herein provided, to the effect that he has not colluded with any other person, firm, or corporation in regard to any bid submitted. Before executing any subcontract, the successful bidder shall submit the name of any proposed subcontractor for approval by the City. VI. MBEAVBF CONTRACT COMPLIANCE PROGRAM All Bidders have the responsibility to comply with the City of Waterloo MBE/WBE Contract Compliance Program. • City of Waterloo Contract Compliance Officer: Louis Starks, Contract Compliance Officer Community Development Board 620 Mulberry Street Suite 202 • Waterloo, Iowa 50703 (319) 291-4429 VII. EMPLOYMENT AND ROSINESS OPPORTUNITY To the greatest extent feasible, suppliers, subcontractors, and low income workers owning businesses or living in the Waterloo area must be given priority in supplying materials, bidding for subcontract work, or applying for employment by the contractor on this project. Opportunities for training and for employment arising in connection with this project, shall to the greatest extent feasible be made available to lower income persons residing in the project area. The Contract area is the City of Waterloo. The City of Waterloo will require the contractor to document his efforts in securing lower income workers living in the project area and in purchasing supplies from, and awarding subcontracts to, businesses owned by persons residing in the project area. VIII. STATEMENT OF BIDDER'S QUALIFICATIONS Each Bidder shall, upon request of the Waterloo Leisure Services, submit on the form furnished a statement of the Bidder's qualifications, his/her experience record in completing the type of project proposed, and equipment available for the work contemplated; and when requested, a detailed financial statement. The Waterloo Leisure Services shall have the right to take such steps as it deems necessary to determine the ability of the Bidder to perform obligations under the Contract; and the Bidder shall furnish the Waterloo Leisure Services all such information and data for this purpose as it may request. The right is reserved to reject any bid where an investigation of the available evidence or information does not satisfy the Waterloo Leisure Services that the Bidder is qualified to carry out properly the terms of the Contract. INSTRUCTIONS TO BIDDERS PAGE 2 OF 3 IX. EXECUTION OF AGREEMENT, BOND, AND CERTIFICATE OF INSURANCE, A. Subsequent to the award and within ten(10) days after the prescribed forms are presented for signature, the successful bidder shall execute and deliver to the City, an agreement in the form included in the contract documents in such number of copies as the City, may require. B. Having satisfied all conditions of award as set forth elsewhere in these documents, the successful bidder shall, within the period specified in paragraph "A" above, furnish a surety bond in a penal sum not less than the amount of the contract as awarded, as security for the faithful performance of the contract and the terms and conditions therein contained and shall guarantee the prompt payment of all persons, firms, or corporations to whom the contractor may become legally indebted for labor, materials, tools, equipment, or services of any nature including utility and transportation services, employed or used by him/her in performing the work. The bond shall protect and save harmless the City and Waterloo Leisure Services from claims and damages of any kind caused by the operations of the contractor and shall also guarantee the maintenance of the contract improvements for the period stated in the Notice of Hearing from and after completion of said improvements and their acceptance by the City and the Waterloo Leisure Services. Such bond shall be in the same form as that included in the contract documents and shall bear the same date as, or a date subsequent to that of the agreement. The current Power of Attorney for the person who signs for any surety company shall be attached to such bond. C. The successful bidder shall,within the period specified in paragraph"A" above, furnish a certificate of insurance for approval in amounts of not less than the amounts specified in the General Conditions. The certificate of insurance shall be furnished in such number of copies as the City of Waterloo may require. The City of Waterloo shall be named as an "Additional Named Insured." The contractor shall similarly submit his subcontractor's certificates of insurance in the amounts for approval before each commences work. The contractor shall carry or require that there be Worker's Compensation insurance for all his employees and those of his subcontractors engaged in work at the site, in accordance with State Worker's Compensation Laws. D. The failure of the successful bidder to execute such agreement and to supply the required bond or bonds within ten (10) days after the prescribed forms are presented for signature, or within such extended period as the City, may grant, based upon reasons determined sufficient by the City, may either award the contract to the next lowest responsible bidder or re-advertise for bids, and may charge against the bidder the difference between the amount of the bid and the amount for which a contract for the work is subsequently executed, irrespective of whether the amount thus due exceeds the amount of the bid guaranty. If a more favorable bid is received by re-advertising, the defaulting bidder shall have no claim against the City or Waterloo Leisure Services for a refund. INSTRUCTIONS TO BIDDERS PAGE 3 OF 3 CITY OF WATERLOO, IOWA Waterloo Leisure Services GENERAL CONDITIONS Definitions Whenever used in any of the Contract Documents, these terms shall be defined as follows: Contract- means the Contract or Agreement executed by and between the City of Waterloo and the Contractor. Owner or Local Public Agency (LPA) - means the Waterloo Leisure Services. Contractor- means the person, firm or corporation entering into the Contract with the City of Waterloo, to maintain City of Waterloo Right Of Ways and/or properties as described in the Specifications provided. Contract Documents -means and shall include the following: Executed Contract or Agreement, Addenda(if any), Invitation for Bids, Instructions to Bidders, Signed copy of Bid, General Conditions, Special Conditions, Specifications, and (Plans or Drawings when required). Superintendence by Contractor Except where the Contractor is an individual and gives personal superintendence to the work, the Contractor shall provide a competent superintendent, satisfactory to the Waterloo Leisure Services/City of Waterloo, on the work site at all times during working hours with full authority of the Contractor. The Contractor shall also provide an adequate staff to properly coordinate and expedite the work. The Contractor shall lay out and be responsible for all work executed under this Contract. The Contractor shall verify all figures and elevations before proceeding with the work and will be held responsible for any error resulting from failure to do so. Other Contracts The City of Waterloo may award or may have awarded other Contracts for additional work, and the Contractor shall cooperate fully with other Contractors, by scheduling work under this Contract with that to be performed under other Contracts as may be directed by the Waterloo Leisure Services/City of Waterloo. The Contractor shall not commit or permit any act which will interfere with the performance of work by any other Contractor as scheduled. GENERAL CONDITIONS PAGE I OF 3 Fitting and Coordination of the Work The Contractor shall be responsible for the proper fitting of all work and for the coordination of the operations of all Subcontractors engaged upon this Contract. The Contractor shall be prepared to guarantee to each Subcontractor the locations and measurements which they may require for the fitting of their work to all surrounding work. Care of Work The Contractor shall be responsible for all damages to person or property that occur as a result of negligence in connection with the execution of work and shall be reasonable for the proper care and protection of all materials delivered and work performed until completion and final acceptance by the Waterloo Leisure Services. The Contractor shall provide sufficient security, both day and night, including weekends and holidays, from the time the work is commenced until final completion and acceptance, except when work being performed does not require protection. The Contractor shall be responsible for any loss of work, materials, equipment or time due to acts of any person on the project site. Therefore it is the responsibility of the Contractor to determine when security is needed. The Contractor shall avoid damage to existing sidewalks, streets, curbs, pavements, structures, and utilities except those which are to be replaced or removed. Any damage caused by the Contractor's operation shall be completely repaired at no expense to the Owner. General Requirements The Contractor shall be responsible for being informed as to all existing conditions and limitations under which the work is to be performed. No extra allowance will be made because of lack of such examination or knowledge. The Contractor shall not disturb existing walks, drives, parking areas, trees, shrubs, or turf areas outside the limits of the project. If disturbed, these items shall be replaced by the Contractor at no cost to the Owner. Trees and shrubs located in or near the project area shall be protected by the Contractor from damage by workers and construction equipment during time of construction. The City Forester will determine the extent of protection necessary for the trees. Permits and Codes The Contractor shall give all notices required by, and comply with all applicable municipal and state laws, ordinances and codes. GENERAL CONDITIONS PAGE 2 OF 3 Liability Insnranc* The Contractor shall carry liability insurance which shall save the City harmless and protect the public and any person from injury sustained by the reason of the prosecution of the work or the handling or storing of materials therefore, and said Contractor shall also carry insurance which shall meet the requirements of the Iowa Worker's Compensation Law. Before the work shall be started on this contract, the Contractor shall furnish the City Clerk/Finance Manager with proper affidavit or affidavits executed by representatives of duly qualified insurance companies, evidencing that said insurance company or companies have issued liability insurance policies, effective during the life of the contract, or for a period of at least ten (10) days following the filing of written notice of cancellation, protecting the public and any person from injuries or damages sustained by reason of carrying on the work involved in the contract. The affidavit shall specifically evidence the following forms of insurance protection: a. Public liability insurance covering all operations performed by persons directly employed by-the Contractor. b. Public liability insurance covering all operations performed by any subcontractor to whom a portion of the work may have been assigned. c. Public liability insurance covering all work upon the project performed by any independent contractor working under the direction of either the principal contractor or a subcontractor. d. Motor vehicle bodily injury liability insurance and property damage liability insurance on all motor vehicles employed on the work, whether owned by the contractor or by other persons, firms, or corporations. e. The minimum protection shall be as follows: Comprehensive General Liability Insurance Bodily Injury(including wrongful death) $5,000,000.00 per person Aggregate, Products and Completed Operations $5,000,000.00 Property Damage $5,000,000.00 per accident Comp. Auto Bodily Injury $5,000,000.00 per person Property Damage $5,000,000.00 per occurrence The Contractor shall have the City of Waterloo, Iowa, named as an "Additional Named Insured" in the amount of$5,000,000.00 liability for bodily injury (including wrongful death) and property damage. A certificate or a policy, if requested, shall be filed with the Owner. All certificates and/or policies of insurance furnished by the Contractor to be filed with the City Clerk/Finance Manager shall include the name and address of the agency issuing the same. It shall be required that the City Clerk/Finance Manager be notified by registered mail of the cancellation or expiration of the above insurance. Removal of Debris, Cleaning, F,tc, The Contractor shall periodically, or as directed during the progress of the work, remove and legally dispose of all surplus excavated material and debris, and keep the project area reasonably clean. Upon completion of the work the Contractor shall remove all temporary construction facilities, debris and unused materials provided for the work and put the whole site of the work in a neat and clean condition. GENERAL CONDITIONS PAGE 3 OF 3 CITY OF WATERLOO, IOWA WATERLOO LEISURE SERVICES COMMISSION SPECIFICATIONS for 2011 RIGHT-OF-WAY MOWING SCOPE OF WORK The Contractor shall provide all labor and material necessary to mow the designated right-of-way and other turf areas in accordance with these specifications. RIGHT-OF-WAY AREAS The following are the right-of-way areas to be mowed. Included in the mowing areas are medians, shoulders, ditches, and frontage areas. The acreages listed are approximate only and shall be verified by the bidder. Broadway St. (22 acres) Parker St. to Airport Blvd. Dubuque Road (22 acres) Nevada St. to Evansdale city limits San Marnan Dr. 63 acres (33 Acres) W 4th St. to Kimball Ave. (30 Acres)Kimball Ave. to Texas St. US 218 corridor (52 acres) US 63 interchange to San Marnan Dr. Highway 20 overpasses (7 acres) Hammond Ave., Kimball Ave.,Ansborough Ave., W.4th St. Martin Luther King Jr. Dr. (23 acres) Franklin St. to Idaho Police Training Center (2.6 acres) Martin Luther King&Elk Run Rd Greenhill Road (28 acres) Cedar Falls city limits to US 218 interchange University Avenue (13 acres) Midway Dr. to US 63 Virden Creek Waterway (2 acres) Corner of East 4th & Arlington St. to East Mullan Ave. (Hwy 63) FAIRVIEW CEMETERY The following area shall be mowed on a biweekly basis from approximately May 1 to October 15 for a maximum of 15 mowings, depending on holidays. The actual number of mowings will be based on growing conditions and budget restraints. Fairview Cemetery (7 acres) Corner of Fairview Ave. & Conger St. VIRDEN CREEK WATERWAY The following area shall be mowed monthly May 1 to October 15 (maximum of 6 mowings). The actual number of mowings shall be based on growing conditions and budget restraints. Virden Creek Waterway (2 acres) from corner of East 4th Street& Arlington St. to East Mullan Ave (Hwy 63). This area includes 3380 linear feet of fencing, to be trimmed one foot on each side of fence line to match the height and appearance of surrounding vegetation. Page 1 of 4 RESIDENTIAL PROPERTY COMPLAINT MOWING The following areas will be mowed on a one time only basis. The Department of Waste Management Services will give out work orders for any work done in this area. The City will be in charge of any clean up that will be done on any of these properties. Mowing height will be between 2"- 4". All billing will be directed to Waste Management Services, 3505 Easton Avenue, Waterloo, IA 50702 SITE CLEAN-UP Prior to each mowing the Contractor shall remove all trash and debris including paper, branches, rocks, and other portable objects. All trash and debris shall be legally disposed of, off site, at no additional expense to the Leisure Services'Commission. Additionally, the contractor shall be responsible for cleaning up and repairing all damage created by snow plow& snow removal operations. This includes adding soil and seeding damaged areas as needed. To include the responsibility for legally disposing of animal carcasses by contacting Animal Control at 235-5335, or after hours emergency at 231-2038. SCHEDULING OF WORK Areas to be mowed shall be divided into categories for type and frequency of mowing. The listed schedules are for bid purposes only. The Leisure Services Commission may add or delete mowing of areas based on growing conditions and budget restraints. The following right-of-way areas shall be mowed on a weekly basis from approx. May 1 to June 15 (maximum 6 mowings) and biweekly basis from June 15 to October 15 (maximum of 9 mowings). 1) Greenhill Road 2) San Marnan Dr. 30 Acres (medians, north frontage from Kimball Ave. to Texas St., south frontage from Hammond Ave. to Texas St.) NEW FOR 2011: Right of Way behind Dicks Sporting Goods and adjacent stores to be mowed from the road all the way down to the back of the buildings. (Full width of the right of way.) Added in 2010 (1) Median East San Marnan Drive between Community Motors& Popeyes 3) University Ave. 4) US 218 corridor—Mow approx. 20 foot wide path along fence line, from San Marnan Dr. going north on the east side of the on ramp to just past Scott Jordan Electric, and from San Marnan Dr. going north on the west side of the off ramp to Exit Sign 72. 5) Martin Luther King Jr. Dr. (23 acres from Franklin St. to Idaho St.) 6) Police Training Center (2.6 acres Martin Luther King & Elk Run Rd) Page 2 D(4 The following right-of-way areas shall be mowed on a biweekly basis from approximately May 1 to August 15, and monthly from August 15 to October 15, for a maximum of 10 mowings based on growing conditions and budget restraints. 1) Broadway St 2) Dubuque Rd. 3) San Marnan Dr. 33 Acres (north shoulder and ditch areas from W. 4`h St. to Kimball Ave., south shoulder and ditch areas from W. 4th St. to Hwy 21, around corner west side Hwy 21, along Lowes property line and on ramp to Hwy 20 Added in 2010: Medians: (2) West San Marnan Dr. &Johnathan St. to Tower Park Dr. (1) West San Marnan Dr. & Nicki St. NOTE: ditch areas include all R.O.W. property from edge of pavement to private property line) 4 ) Hwy 20 overpasses The following right-of-way areas shall be mowed on a biweekly basis from approximately May 1 to August 15, and monthly from August 15 to October 15, for a maximum of 15 mowings (depending on holidays)based on growing conditions and budget restraints. 1) Fairview Cemetery (Corner of Fairview Ave. & Conger St.) The following right-of-way areas shall be mowed on a monthly basis from approximately May 1 to October 15. Mowings based on growing conditions and budget restraints. 1) Virden Creek Waterway (E 4th to E. Mullan) GRASS CUTTING Grass shall be cut to an even height of four inches (4"). Grass cutting shall be accomplished in a manner so as not to result in scalping, bunching, rutting, uneven or rough cutting. All scalping, bunching, rutting or uneven cutting shall be promptly remedied by the Contractor to the satisfaction of the Leisure Services Commission with no additional cost to the Leisure Services Commission. Grass clippings shall not be blown onto road surfaces in accordance with applicable laws and City ordinances. In areas such as narrow medians clippings shall be bagged or mulched straight down. Ultimately clippings may not land on any road surfaces. TRIMMING Along with each mowing, the Contractor shall trim around trees, shrubs, poles, fences, and other objects to match the height and appearance of the surrounding vegetation. Vegetation growing over curb and sidewalk edges shall be trimmed. This shall include trimming around any additional plant materials that may be installed as new.landscaping. Use of herbicides to reduce trimming requirements shall be allowed with prior authorization from the Leisure Services Commission and applied by qualified state approved person with commercial applicator license. Page 3 of 4 DAMAGE PROTECTION The Contractor shall avoid damage to existing sidewalks, streets, curbs, pavements, structures, signs, mailboxes, fences, benches, utilities, and other fixtures. Any damage caused by the Contractor shall be completely repaired at no additional cost to the Leisure Services Commission. - All work shall be done in a manner so as not to result in damage to trees or shrubs. At no time shall any mowing or trimming equipment come in contact with any tree or shrub. Any tree or shrub damaged by the Contractor shall be replaced at the direction of the City Forester with no additional cost to the Leisure Services Commission. The Contractor shall avoid damage to turfgrass and underlying soil and grade. Any rutting and related turf loss and erosion damage shall be promptly remedied by the Contractor to the satisfaction of the Leisure Services Commission with no additional cost to the Leisure Services Commission. The Contractor shall take all necessary precautions to protect pedestrians and motorists from personal injury and property damage. All equipment safety guards shall remain intact and serviceable. The Contractor shall carry liability insurance as detailed in the GENERAL CONDITIONS to cover any damage claims. REQUIRED EQUIPMENT The Contractor shall have sufficient and proper equipment to perform all work in a safe and timely manner. Types of equipment required for this contract: Line trimmers Walk-behind mowers Commercial rotary front mowers (60"-72" deck) Bagging/mulching mowers Utility tractors with heavy-duty mowers Four wheel drive slope running tractor/mower Equipment listed on the Bid Form will be reviewed.by Leisure Services Commission to determine whether it is adequate for this mowing contract. Page 4 of 4 CITY OF WATERLOO, IOWA WATERLOO LEISURE SERVICES COMMISSION BID FORM for - 2011 RIGHT-OF-WAY MOWING BIDDER: COMPANY NAME ADDRESS: PHONE: ( ) 1. The undersigned, being a Corporation existing under the laws of the State of a Partnership consisting of the following partners: having been familiarized with the existing conditions on the project area affecting the cost of the work, and with all.the Contract Documents now on file in the offices of the City Clerk, City Hall, Waterloo, Iowa, and the Waterloo Leisure Services Commission, 1101 Campbell Ave., Waterloo, Iowa,hereby proposes to furnish all supervision, technical personnel, labor, materials, machinery,tools, equipment, and services, including utility and transportation services required to complete the proposed RIGHT- OF-WAY MOWING, in accordance with the contract documents and for the unit price in place for the following amount: OPTION A: provide all mowing services for: • Broadway St. (22 acres) Parker St. to Airport Blvd. • Dubuque Road (22 acres) Nevada St. to Evansdale city limits • San Marnan Dr. (63 acres) W.4th St. to Texas St. • US 218 corridor (52 acres) US 63 interchange to San Marnan Dr. • Highway 20 overpasses (7 acres) Hammond Ave., Kimball Ave., Ansborough Ave., W.46 St. • Martin Luther King Jr. Dr. (23 acres) Franklin St. to Idaho. • Police Training Center (2.6 acres) Martin Luther King & Elk Run Rd Total 191.6 acres Price Per Acre: dollars ($ ) OPTION B: provide all specified mowing services for • University Ave. (13 acres) and • Greenhill Road (28 acres) Total 41 acres Price Per Acre: dollars ($ ) BID FORM page I of 3 OPTION C: provide all specified mowing services for Fairview Cemetery (7 acres) Price Per Acre: dollars ($ ) OPTION D: provide all specified mowing services for Residential Property Complaint Mowing for normal residential lots Price Per Hour: dollars($ ) OPTION E: provide all specified mowing services for Residential Property Complaint Mowing for larger lots and open areas Price Per Acre: dollars($ ) OPTION F: provide all specified mowing services for Virden Creek Waterway (2 acres) - Price Per Acre: dollars($ ) 2. It is understood that the quantities set forth are approximate only and subject to variation and that the unit price for the work done shall govern the actual payment to the Contractor. 3. In submitting this bid, the Bidder understands that the City reserves the right to reject any or all bids and to award one or more contracts for a single Option, all Options together, or any combination of Options. If written notice of acceptance of this Bid is mailed or delivered to the undersigned within thirty (30) days after Bid Opening, of at any time thereafter before this bid is withdrawn, the undersigned agrees to execute and deliver an agreement in the prescribed form and furnish the required bond and certificate of insurance within ten (10) days after the agreement is presented for signature, and start work within ten (10) days after "Notice to Proceed" is issued. 4. Security in the sum of dollars ($ ) in the form of , is submitted herewith in accordance with NOTICE TO BIDDERS. 5. Attached is a Non-Collusion Affidavit of Prime Contractor. 6. The Bidder is prepared to submit a financial and experience statement upon request. 7. The Prime Contractor and Subcontractor(s), which have performed an aggregate of $10,000.00 in work for the City in the current calendar year, are prepared to submit an BID FORM page 2 of 3 AAP or Update and an EOC, within ten (10) days of notification that the bid submitted is lowest and acceptable. 8. The Bidder has received the following Addendum or Addenda: Addendum No. Date: / / / •/ / / 9. The Bidder shall list the MBE/WBE subcontractors, amount of subcontracts and bid items listed on the City of Waterloo Minority and/or Women Business Pre-bid Contract Information Form submitted with this Bid Form. The apparent low bidder shall submit a list of all other subcontractor(s)to be used on this project to the City of Waterloo by 5:00 p.m. the business day following the day bids on this project are due along with the Non- collusion Affidavits of ALL Subcontractor(s). The subcontractors listed on this proposal and/or submitted to the Contract Compliance Officer cannot be changed except for the following reasons. 1. The City of Waterloo does not approve the subcontractors. 2. The subcontractors submit in writing that they cannot fulfill their subcontracts 10. The Bidder shall list all equipment available for this project: 11. The Bidder has filled in all blanks on this proposal. Those blanks not applicable are marked "none" or "NA". 12. The bidder has attached all applicable forms. 13. The owner reserves the right to select alternatives, delete line items, and/or to reduce quantities prior to the Award of Contract due to budgetary limitations. SIGNED: DATE: / / Name and Title BID FORM page 3 of 3 STATEMENT OF BIDDER'S QUALIFICATIONS (To be submitted by the Bidder only upon request of the City of Waterloo, Iowa.) All questions shall be answered and the data given must be clear and comprehensive. This statement must be notarized. If necessary,questions may be answered on separate attached sheets. The Bidder may submit any additional information desired. 1. Name of Bidder. 2. Permanent main office address. 3. When organized. 4. If a corporation, where incorporated. 5. How many years have you been engage d in the contracting business under your present firm or trade name? 6. Contracts on hand: (Schedule these showing amount of each contract and the appropriate anticipated dates of completion.) 7. General character of work performed by your company. 8. Have you ever failed to complete any work awarded to you? If so, where and why? 9. Have you ever defaulted on a contract? If so, where and why? 10. List the more important projects recently completed by your company, stating the approximate cost for each, and the month and year completed. 11. List your major equipment available for the contract. 12. Experience in landscape work similar in importance to the project. 13. Background and experience of the principal members of your organization, including the officers. 14. Credit available: $ 15. Give Bank reference: 16. Will you, upon request, fill out a detailed financial statement and furnish any other information that may be required by the City of Waterloo, Iowa? 17. The undersigned hereby authorizes and requests any person, firm, or corporation to furnish any information requested by the City of Waterloo, Iowa, in verification of the recitals comprising this Statement of Bidder's Qualifications. STATEMENT OF BIDDERS QUALIFICATIONS PAGE I OF 2 Dated this day of , 20 Name of Bidder By: - Title: State of ) ) ss County of ) , being duly sworn deposes and says that she/he is of Name of Organization and that the answers to the foregoing questions and all statements therein contained are true and correct. Subscribed and sworn to before me this day of , 20 Notary Public My commission expires . , 20 STATEMENT OF BIDDER'S QUALIFICATIONS PAGE 2 OF 2 BID BOND KNOW ALL MEN BY THESE PRESENTS, that we, as Principal, and as Surety are held and firmly bound unto the City of Waterloo, Iowa,hereinafter called "OWNER". In the penal sum dollars ($ ) lawful money of the United States, for the payment of which sum will and truly be made, we bind ourselves, our heirs, executors, administrators, and successors,jointly and severally, firmly by these presents. The condition of this obligation is such that whereas the Principal has submitted the accompanying bid dated the day of , 20 , for NOW, THEREFORE, a) If said Bid shall be rejected, or in the alternate, b)If said Bid shall be accepted and the Principal shall execute and deliver a contract in the form specified and shall furnish a bond for his faithful performance of said contract, and for the payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the agreement created by the acceptance of said Bid, Then this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. By virtue of statutory authority, the full amount of this bid bond shall be forfeited to the Owner in liquidation of damages sustained in the event that the Principal fails to execute the contract and provide the bond as provided in the specifications or by law. The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its bond shall be in no way impaired or affected by any extension of the time within which the Owner may accept such Bid or execute such contract; and said Surety does hereby waive notice of any such extension. IN WITNESS WHEREOF, the Principal and the Surety, have hereunto set their hands and seals, and such of them as are corporations, have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers this day of , A.D. 20 (Seal) Principal By (Title) Witness (Seal) Surety By Witness Attorney-In-Fact BID BOND PAGE I OF I NON-COLLUSION AFFIDAVIT OF PRIME BIDDER State of ) County of ) , being first duly sworn, deposes and says that: 1. He is (Owner), (Partner), (Offic er), (Representative), or(Agent) of the Bidder that has submitted the attached Bid; 2. He is fully informed respecting the preparation and contents of the attached Bid and of all pertinent circumstances respecting such Bid; 3. Such Bid i s genuine and is not a collusive or sham Bid; 4. Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees, or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly, with any other Bidder, firm or person to submit a collusive or sham Bid in connection with the Contract for which the attached Bid has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other Bidder, firm or person to fix the price or prices in the attached Bid or of any other Bidder, or,to fix any overhead, profit or cost element of the bid price or the bid price of any other Bidder, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against the City of Waterloo, Iowa, or any person interested in the Proposed Contract; and 5. The price or prices quote d in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the Bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. Signature Title St incra ed✓a.n.d'bworwto-before/vneJtk.- day of , 2011. Snatu,re' rifle: My camotiiksio-nie%ptres NON-COLLUSION AFFIDAVIT OF SUBCONTRACTOR State of ) County of ) , being first duly sworn, deposes and says that: 1. He is (Owner), (Partner) , (Officer), (Representative), or(Agent) of hereinafter referred to as the "Subcontractor"; 2. He is fully informed respecting the preparation and contents of the subcontractor's proposal. submitted by the subcontractor to , contract pertaining to the 2011 RIGHT-OF-WAY MOWING CONTRACT in Waterloo, Black Hawk County, Iowa; 3. Such subcontractor's proposal is genuine and is not a collusive or sham proposal; 4. Neither the subcontractor nor any of its officers, partners, owners, agents, representatives, employees, or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly, with any other bidder, firm or person to submit a collusive or sham proposal in connection with such contract or to refrain from submitting a proposal in connection with such contract, or has in any manner, directly or indirectly, sought by unlawful agreement or connivance with any other bidder, firm or person to fix the price or prices in said subcontractor's proposal, or to fix any overhead, profit or cost element of the price of prices in said subcontractor's proposal, or to secure through collusion, conspiracy, connivance or unlawful agreement any advantage against the City of Waterloo, Iowa, or any person interested in the proposed Contract; 5. The price or prices quoted in the subcontractor's proposal are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. Signature Title Su.bycrided.and.worn,to-Z> -Pivv�P.tau day of , 2011. S%g-nature, rate, My Gomwu bsi.o-w e xpi re. EQUAL OPPORTUNITY CLAUSE (As provided in Executive Order No. 11246) All contractors,subcontractors, vendors and suppliers of goods and services doing business with the City and value of said business equals or exceeds ten thousand dollars ($10,000.00) annually agree as follows: I. The contractor, subcontractor,vendor and supplier of goods and services will not discriminate against any employee or applicant for employment because of race, color, creed, sex, national origin, economic status, age, mental or physical handicap, political opinions or affiliations. The contractor, subcontractor, vendor and supplier will develop an Affirmative Action program to ensure that applicants are employed and that employees are treated during employment without regard to their race;creed, color, sex, national origin, religion, economic status, age, mental or physical disability, political opinions or affiliations. Such actions shall include but not be limited to the following: a. Employment b. Upgrading c. Demotion or Transfer d. Recruitment and Advertising e. Layoff or Termination f. Rates of Pay or Other Forms of Compensation g. Selection for Training Including Apprenticeship. 2. The contractor, subcontractor,vendor and supplier of goods and services will, in all solicitations or advertisements for employees, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, sex, national origin, religion, economic status, age, mental or physical disabilities, political opinion or affiliations. 3. The contractor, subcontractor, vendor and supplier or his/her collective bargaining representative will send to each labor union or representative of workers which he/she has a collective bargaining agreement or other contract or understanding, a notice advising said labor union or workers' representative of the contractor's commitment under this section. 4. The contractor, subcontractor, vendor and supplier of goods and services will comply with all published rules, regulations, directives, and order of the City of Waterloo Affirmative Action Program Contract Compliance Provisions. 5. The contractor, subcontractor vendor and supplier of goods and services will furnish and file compliance reports within such time and upon such forms as provided by the Affirmative Action Officer. Said forms will elicit information as to the policies, procedures, patterns, and practices of each subcontractor as well as the contractor himself/herself and said subcontractor, vendor and supplier will permit access to his/her employment books, records and accounts to the City's Affirmative Action Officer, for the purpose of investigation to ascertain compliance with this contract and with rules and regulations of the City's Affirmative Action Program—Contract Compliance Provisions relative to Resolution No. 24664. EQUAL OPPORTUNITY CLAUSE - PAGE 1 OF 2 6. In the event of the contractor's non-compliance with the non-discrimination clauses of this contract or with any of such rules, regulations and orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further contracts in accordance with procedures authorized by the City Council. 7. The contractor, subcontractor, vendor and supplier of goods and services will include, or incorporate by reference, the provisions of the non-discrimination clause in every contract, subcontract or purchase order unless exempted by the rules, regulations or orders of the City's Affirmative Action Program, and will provide in every subcontract, or purchase order that said provisions will be binding upon each contractor, subcontractor, or supplier. 8. We, the undersigned, recognize that we are morally and legally committed to non- discrimination in employment. Any person who applies for employment with our company will not be discriminated against because of race, creed, color, sex, national origin, economic status, age, mental or physical.disabilities. Signed: Appropriate Official Title Date EQUAL OPPORTUNITY CLAUSE PAGE 2 OF 2 RESOLUTION NO. 2011-194 RESOLUTION PRELIMINARILY APPROVING THE SPECIFICATIONS, BID DOCUMENT, FORM OF CONTRACT, ESTIMATE OF COST, ETC. , IN CONJUNCTION WITH THE F. Y. 2011 RIGHT-OF-WAY MOWING. WHEREAS, the City Council of the City of Waterloo, Iowa, heretofore instructed the Leisure Services Director of said City to prepare proposed specifications, bid document, form of contract, estimate of cost, etc. , in conjunction with the F. Y. 2011 Right-of-Way Mowing, in the City of Waterloo, Iowa, and WHEREAS, said Leisure Services Director did file said specifications, bid document, form of contract, estimate of cost, etc. , in conjunction with the F. Y. 2011 Right-of-Way Mowing. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that said proposed specifications, bid document, form of contract, estimate of cost, etc. , in conjunction with the F.Y. 2011 Right-of-Way Mowing, in the City of Waterloo, Iowa, be, and the same are hereby, preliminarily approved as filed. PASSED AND ADOPTED this 14th day of March, 2011 . Quentin Hart, Mayor Pro Tem ATTEST: uzy Sch4res, CMC City Clerk RESOLUTION NO. 2011-195 RESOLUTION FIXING THE TIME AND PLACE OF HEARING ON PROPOSED SPECIFICATIONS, BID DOCUMENT, FORM OF CONTRACT, ETC. , IN CONJUNCTION WITH THE F.Y. 2011 RIGHT-OF-WAY MOWING, IN THE CITY OF WATERLOO AS MARCH 28, 2011, AT 5 : 30 P.M. AT CITY HALL COUNCIL CHAMBERS, WITH THE TAKING OF BIDS THEREFORE, AND INSTRUCTING THE CITY CLERK TO PUBLISH THE NOTICE OF HEARING. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, AS FOLLOWS: Section 1 . That the Council of the City of Waterloo, Iowa, shall meet at the City Hall Council Chambers in the City of Waterloo, Iowa, at 5 : 30 p.m. on the 28th day of March, 2011, for the purpose of holding a public hearing on proposed specifications, bid document, form of contract, etc. , in conjunction with the F.Y. 2011 Right-of-Way Mowing, in the City of Waterloo, with the taking of bids therefore. Section 2 . That the City Clerk is hereby directed to publish notice of the time and place of said hearing in the Waterloo Courier. PASSED AND ADOPTED this 14th day of March, 2011 . ��r1514 .44716.1 Quen`tin Hart, Mayor Pro Tem ATTEST: Suzy Schar s, CMC City Clerk 1 CITY OF WATERLOO Council Communication -4--LU'1 5(0 s' /96 City Council Meeting: March 14, 2011 Prepared: March 8, 2011 Dept. Head Signature: Eric Thorson, PE., City Engineer # of Attachments: 1 (street list) SUBJECT: F.Y. 2011 STREET RECONSTRUCTION PROGRAM CONTRACT NO. 798 Submitted by: Dennis Gentz, P.E.,Assistant City Engineer Recommended City Council Action: It is recommended that Council approve these documents, set April 4, 2011, 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.2011 STREET RECONSTRUCTION PROGRAM, Contract No. 798, as prepared by the City Engineer's Office. Expenditure Required To Be Determined Source of Funds Local Option Sales Tax Funds Policy Issue N/A Alternative None Background Information: These are the plans and specifications for reconstruction of streets (see attached list) that were approved by Council for 2011. Cc: Louis Starks, Contracts &Grants Coordinator F.Y. 2011 STREET RECONSTRUCTION PROGRAM STREET FROM TO WARD BLOCKS Sager Ave. S. Hackett Rd. Westland Ave. 1 2000 - 2200 Scott Ave. Downing Ave. Pavement Ends 1 1300 - 1400 University Ave. Frt. Littlefield Rd. Sheerer Ave. 1 3100 - 3200 Ridgeway Ave., E. Oregon St. W. of La Porte Rd. 2 1600 - 1900 Dawson St. Broadway St. Fairview Ave. 3 500 4th St., E. Louise St. Donald St. 4 2700 - 2800 Colorado St. Lafayette St. Dearborn Ave. 4 500 11th St., W. Forest Ave. Mitchell Ave. 5 1000 - 1400 11th St., W. South St. Forest Ave. 5 600 - 900 8/2/2010 RESOLUTION NO. 2011-196 RESOLUTION PRELIMINARILY APPROVING THE PLANS, SPECIFICATIONS, FORM OF CONTRACT, ESTIMATE OF COST, ETC. , IN CONJUNCTION WITH THE F. Y. 2011 STREET RECONSTRUCTION PROGRAM, CONTRACT NO. 798 . WHEREAS, the City Council of the City of Waterloo, Iowa, heretofore instructed the City Engineer of said City to prepare proposed plans, specifications, form of contract, estimate of cost, etc. , in conjunction with F.Y. 2011 Street Reconstruction Program, Contract No. 798, in the City of Waterloo, Iowa, and WHEREAS, said City Engineer did file said plans, specifications, form of contract, estimate of cost, etc. , in conjunction with the F.Y. 2011 Street Reconstruction Program, Contract No. 798 . NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that said proposed plans, specifications, form of contract, estimate of cost, etc. , in conjunction the F.Y. 2011 Street Reconstruction Program, Contract No. 798, in the City of Waterloo, Iowa, be, and the same are hereby, preliminarily approved as filed. PASSED AND ADOPTED this 14th day of March, 2011. l �-1 X�IJ►' 6u-d� �� _ Quentin Hart, Mayor Pro Tem ATTEST: tiL y Schar s, CMCesi-n City Clerk RESOLUTION NO. 2011-197 RESOLUTION FIXING THE TIME AND PLACE OF HEARING ON PROPOSED PLANS, SPECIFICATIONS, FORM OF CONTRACT, ETC. , IN CONJUNCTION WITH THE F.Y. 2011 STREET RECONSTRUCTION PROGRAM, CONTRACT NO. 798, IN THE CITY OF WATERLOO AS APRIL 4, 2011, AT 5 : 30 P.M. AT CITY HALL COUNCIL CHAMBERS, WITH THE TAKING OF BIDS THEREFORE, AND INSTRUCTING THE CITY CLERK TO PUBLISH THE NOTICE OF HEARING. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, AS FOLLOWS: Section 1 . That the Council of the City of Waterloo, Iowa, shall meet at the City Hall Council Chambers in the City of Waterloo, Iowa, at 5 : 30 p.m. on the 4th day of April, 2011, for the purpose of holding a public hearing on proposed plans, specifications, form of contract, etc. , in conjunction with the F. Y. 2011 Street Reconstruction Program, Contract No. 798, in the City of Waterloo, with the taking of bids therefore. Section 2 . That the City Clerk is hereby directed to publish notice of the time and place of said hearing in the Waterloo Courier. PASSED AND ADOPTED this 14th day of March, 2011 . LSZ,(Vl Quentin Hart, Mayor Pro Tem ATTEST: Suzy Scha<Vs, CMC City Clerk WATERLOO CABLE TV COMMISSION July 1, 2010 4:30 p.m. First Floor Conference Room Members present: Michael G Neff, Jane Scott, Edward Hutchens, Larry Herzog. Members absent: Willie Cody Also present: Suzy Schares, David Jones. Moved by Scott, seconded by Neff that the agenda, as amended adding discussion of whether public channels are available to non-cable subscribers, be approved. Ayes: Four. Motion carried. Moved by Scott, seconded by Hutchens that the minutes of May 6, 2010, as proposed, be approved. Ayes: Four. Motion carried. Citizen Oral Comments None. Financial Report—None Chairperson Report — Received notice that Doug Nix is no longer with Mediacom and he has not been informed who will be replacing him. Mediacom Report-None CT Production Coordinator Report — Reported Anchored in Faith and Jazz Cardio Strength Stretch are the two new Public Access Programs. The Sheriff's Spotlight and American Democracy Television are the new Government Access Programs. There have not been conversations to implement a show with the Police Department. The Mayors show may start in the fall. Committee Report No reports New Business Mr. Herzog explained the new fiber cable that will be available in Cedar Falls by next year. Public Access and Government Access channel — The channels are only available to Mediacom customers because we don't broadcast our own signal. We are on the Mediacom system. This will be tabled to unfinished business. Do press release for boards and commissions. Moved by Scott, seconded by Hutchens to adjourn. Ayes: Four. 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