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HomeMy WebLinkAbout04/04/2011 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, APRIL 4, 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. FaciIitate 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: Mayor Buck Clark. April 4, 2011 Page 2 Agenda, as proposed or amended. Minutes of March 28, 2011, Regular Session, as proposed. Recognition of April Team Member of the Month -Mike Jenn 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 Hawkeye Valley Area Agency to hold Aging Walk event to be held on Thursday, May 26, 2011 at 10:00 a.m., with the route to start at Young Arena east along Commercial Street, right on W. Park Avenue, left on Washington Street, right on W. 3rd Street, left on Commercial Street and end at Young Arena. Submitted by Daniel J. Trelka, Director of Safety Services 3. Request of Easter Seals Camp Sunnyside to hold Pony Express Ride within Black Hawk County on Friday, April 22, 2011 to enter Waterloo city limits at approximately 3:15 p.m. with riders parade route to start along Lafayette Street from the city limits of Evansdale to Waterloo, right on E. 6th Street to Mulberry Street, left on Mulberry Street to City Hall. Submitted by Daniel J. Trelka, Director of Safety Services 4. Request of Waterloo Community Playhouse/Black Hawk Children's Theater to hold a 5K run/walk event on Saturday, June 11, 2011 at 7:30 a.m., with route to start at Young Arena west along River Road, take River Rd. one mile to the middle of the bridge, turn around and run past Young Arena along Commercial Street, right on W. 2nd Street, left on Washington Street, left on W. 4th Street and end at Lincoln Park. Submitted by Daniel J. Trelka, Director of Safety Services 5. Request of Black Hawk Contracting and Development for tax exemptions on improvements totaling $125,000.00 for property located at 324 Madison Street and located in the Consolidated Urban Revitalization Area Submitted by Shane Graham, Planner/l April 4, 2011 Page 3 b. Motion to approve the following: Travel Requests Name & Title of Amount not Personnel Class/Meeting Destination Date(s) to Exceed 1. Paul Huting, Iowa Park and Davenport, April 10- $598.64 Leisure Services Recreation Iowa 13, 2011 Director Association 2011 Spring Conference 2. Officer Eryn Technical Accident Johnston, April 3- $470.00 Hageman Investigation Iowa 15, 2011 School 3. Recommendation of appointment of Matthew Schafer to the position of Equipment Operator I, effective April 5, 2011. 4. Motion to receive and file Mayor Clark's recommendation of the following appointments: Appointee Board/Commission Expiration Date New or Re Appointment Phil Thomas Memorial Hall Commission December 1, 2013 Re Appointment Don Bessman Memorial Hall December 1, 20I3 New Appointment Commission (as Alternate) Richard Hastings Memorial Hall g Commission December 1, 2013 Re Appointment Kristine Reeves Memorial Hall December 1, 2013 New Appointment Commission (as Alternate) Marcia Courbat Memorial Hall Commission December 1, 2013 Re Appointment Don Ticknor Memorial Hall December 1, 2013 Re Appointment Commission Ron McMahon Memorial Hall Commission December 1, 2013 New Appointment Sherman Lund Memorial Hall New Appointment y Commission December 1, 2013 (as Alternate) Class B Beer License Permit Application 5. National Dairy Cattle Congress -Arena Grounds, 250 Ansborough Avenue (Transfer to Pepsi Pavilion on 4/8/11) April 4, 2011 Page 4 Class C Liquor License Permit Application 6. National Dairy Cattle Congress -Pepsi Pavilion, 250 Ansborough Avenue (Transfer to Arena Grounds on 4/8/11) Fireworks Display Application 7. National Cattle Congress, 250 Ansborough Avenue (April 8, 2011) 8. Bonds OTHER COUNCIL BUSINESS 2. Motion to approve the request from Vaska Tosic for an exception to the City of Waterloo Residency of Critical Municipal Employees and City Department Heads Policy. PUBLIC HEARINGS 3. Request of Mr. and Mrs. Ickey Buchanan for the sale and conveyance of city-owned property generally located at 215-217 Courtland Street for $750.00 per lot for a total of$1,500.00, minus cleanup costs of $1,000.00 for the purpose of building a 3-stalI _garage on the property. 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 authorizing said sale and conveyance, and authorize City Attorney to prepare and deliver deed accordingly. Submitted by Noel Anderson, Community Planning& Development Director 4. F.Y. 2011 Street Reconstruction Program, Contract No. 798 Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING—No objections on file. Motion to close the hearing and receive and file oral and written comments. Resolution confirming approval of plans, specifications, form of contract, etc. Resolution ordering construction. Motion to receive and file and instruct City Clerk to open and read bids and refer to City Engineer for review. Submitted by Dennis Gentz, P.E., Assistant City Engineer April 4, 2011 Page 5 RESOLUTIONS 5. Resolution approving the award of hotel/motel discretionary funding to the following entities: Waterloo Community Playhouse in the amount of $2,000.00; United Sisters of Black Hawk County in the amount of $5,000.00; Kiwanis Club in the amount of$10,000.00; Waterloo Homecoming Association in the amount of$6,000.00. Submitted by Michelle Weidner, Chief Financial Officer 6. Resolution approving the award of FYE2012 hotel/motel discretionary funding to the Waterloo Municipal Band in the amount of$22,431.00. Submitted by Michelle Weidner, Chief Financial Officer 7. Resolution approving the design and installation of the sign faces to the Five Sullivan Brothers Convention Center pylon sign. Submitted by Aric Schroeder, City Planner 8. Resolution approving award of contract to B & B Lawn Care Inc. of Waterloo, Iowa in conjunction with 2011 Right-of-Way Mowing in the following amounts: Option A - $28.45 per acre; Option B - $28.45 per acre; Option C - $20.00 per acre; Option D - $26.50 per acre; Option E - $45.00 per acre; Option F - $600.00 per acre. Submitted by JB Bolger, Golf& Downtown Area Maintenance Manager 9. Resolution approving Contract, Bonds and Certificates of Insurance with B & B Lawn Care Inc. of Waterloo, Iowa in conjunction with 2011 Right-of- Way Mowing; and authorize Mayor and City Clerk to execute said documents. Submitted by JB Bolger, Golf& Downtown Area Maintenance Manager 10. Resolution approving Contract, Bonds and Certificates of Insurance in the amount of$1,514,212.00 with Peters Construction Corporation of Waterloo, Iowa in conjunction with F.Y. 2011 River Renaissance Upper Plaza, Contract No. 808; and authorize Mayor to execute said documents. Submitted by Jamie Knutson, P.E., Associate Engineer 11. Resolution approving award of contract to Mike Dolan Concrete & Masonry, Inc. of Waterloo, Iowa in the amount of$93,396.54 in conjunction with F.Y. 2011 Sidewalk Repair Program - Zone 1 and Trail Repairs, Contract No. 804. Submitted by W. Wayne Castle, PLS, El, Associate Engineer April 4, 2011 Page 6 12. Resolution approving Contract, Bonds and Certificates of Insurance in the amount of$93,396.54 with Mike Dolan Concrete & Masonry, Inc. of Waterloo, Iowa in conjunction with F.Y. 2011 Sidewalk Repair Program - Zone 1 and Trail Repairs, Contract No. 804; and authorize Mayor and City Clerk to execute said documents. Submitted by W. Wayne Castle, PLS, El, Associate Engineer 13. Resolution approving the Final Plat of Anderson's Ninth Addition together with staff report, aerial photograph, final plat, Deed of Dedication, Certificate of Survey and Report of the City Engineer. Submitted by Aric Schroeder, City Planner 14. Resolution accepting and approving the acquisition of property generally located at 121 Cutler Street, as granted by court order pursuant to Section 657A of the Iowa Code; and authorize Mayor and City Clerk to execute any necessary documents. Submitted by Noel Anderson, Community Planning& Development Director 15. Resolution approving Supplemental Development Agreement with Michael Nyguyen for the redevelopment of his condominium in the former Winterbottom Supply building located at 25 Westfield Avenue with a minimum assessment of$135,585.00; and authorize Mayor and City Clerk to execute said document. Submitted by Noel Anderson, Community Planning& Development Director 16. Resolution approving Supplemental Development Agreement with Marc Del Rizzo for the redevelopment of his condominium in the former Winterbottom Supply building located at 25 Westfield Avenue with a minimum assessment of$127,073.00; and authorize Mayor and City Clerk to execute said document. Submitted by Noel Anderson, Community Planning& Development Director 17. Resolution approving the Iowa Department of Transportation contract extension with North American Salt for the city's FY2012 Snow & Ice Control Programs. Submitted by Steve Decker, Superintendent of Streets April 4, 2011 Page 7 18. Resolution accepting an Iowa Department of Economic Development Brownfield forgivable loan in the amount of$43,525.00 to be used towards the demolition of the former Francis Grout School building; and authorizing Mayor to execute said document. Submitted by Noel Anderson, Community Planning& Development Director 19. Resolution setting date of hearing as April 18, 2011 to review the proposed funding recommendations set forth by the Community Development Board for CDBG and HOME Program funds for the FY2012 Waterloo/Cedar Falls HOME Consortium Consolidated Plan application. Submitted by Rudy Jones, Community Development Director 20. Resolution setting date of hearing as April 18, 2011 to approve a 5-year lease with revenue in the amount of$9,600.00 per year with Fidelity Towers to allow for the construction of a 120' stealth monopole tower and equipment at Morris Park located at the corner of Ridgeway Avenue and 11th Street. Submitted by Noel Anderson, Community Planning& Development Director ORDINANCES 20. Motion to receive,file, consider and pass for the second time an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance by adding Subsection No. 114 to Section 2A-7N, Conditional Zoning Certain Property 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 to allow for other lighter commercial use. Motion to suspend the rules. Motion to consider and pass for the third time and adopt ordinances. 21. Motion to receive,file, consider and pass for the second time an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance by adding Subsection No. 115 to Section 2A-7N, Conditional Zoning Certain Property 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 to allow for future one and two family housing development. Motion to suspend the rules. Motion to consider and pass for the third time and adopt ordinances. April 4, 2011 Page 8 22. Motion to receive, file, consider and pass for the second time an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance by adding Subsection No. 412 to Section 2A-5, Rezoning Certain Property 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 to allow for future one and two family housing development Motion to suspend the rules. Motion to consider and pass for the third time and adopt ordinances. 23. Motion to receive,file, consider and pass for the second time an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance by adding Subsection No. 413 to Section 2A-5, Rezoning Certain Property 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 to allow for future one and two family housing development Motion to suspend the rules. Motion to consider and pass for the third time and adopt ordinances. 24. Motion to receive,file, consider and pass for the second time an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance by adding Subsection No. 414 to Section 2A-5, Rezoning Certain Property 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 to allow for redevelopment of the site for future commercial/office purposes Motion to suspend the rules. Motion to consider and pass for the third time and adopt ordinances. 25. Motion to receive,file, consider and pass for the second time an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance by adding Subsection No. 415 to Section 2A-5, Rezoning Certain Property 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 to allow for future one and two family housing development Motion to suspend the rules. Motion to consider and pass for the third time and adopt ordinances. April 4, 2011 Page 9 26. Motion to receive, file, consider and pass for the second time an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance by adding Subsection No. 416 to Section 2A-5, Rezoning Certain Property 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 to allow for future one and two family housing development Motion to suspend the rules. Motion to consider and pass for the third time and adopt ordinances. 27. Motion to receive, file, consider and pass for the second time an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance by adding Subsection No. 417 to Section 2A-5, Rezoning Certain Property 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 to allow for future one and two family housing development Motion to suspend the rules. Motion to consider and pass for the third time and adopt ordinances. 28. Motion to receive,file, consider and pass for the second time an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance by adding Subsection No. 418 to Section 2A-5, Rezoning Certain Property 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 to allow for future one and two family housing development Motion to suspend the rules. Motion to consider and pass for the third time and adopt ordinances. 29. Motion to receive,file, consider and pass for the second time an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance by adding Subsection No. 419 to Section 2A-5, Rezoning Certain Property 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 to allow for future one and two family housing development Motion to suspend the rules. Motion to consider and pass for the third time and adopt ordinances. April 4, 201I Page 10 30. Motion to receive,file, consider and pass for the second time an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance by adding Subsection No. 420 to Section 2A-5, Rezoning Certain Property 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 to allow for future one and two family housing development Motion to suspend the rules. Motion to consider and pass for the third time and adopt ordinances. OTHER COUNCIL BUSINESS 31. F.Y. 2011 Waterloo Public Works Facility, Contract No. 810 Motion to instruct Superintendent of Central Garage to prepare plans, specifications,form of contract, etc. Motion to receive and file plans, specifications, bid document, form of contract, etc. Resolution preliminarily approving plans, specifications, bid document, form of contract, etc. Resolution instructing City Clerk to publish notice of plans, specifications, bid document, form of contract, etc. Set date of hearing and bid opening as May 16, 2011. Submitted by Mark Rice, Superintendent of Central Garage 32. Purchase of Traffic Mast Arm Poles, Williston at Baltimore & Williston at West 9th Street Motion to instruct Superintendent of Traffic Operations to prepare plans, specifications, estimate of costs, bid document, etc. Motion to receive and file plans, specifications, estimate of costs, bid document, etc. Resolution preliminarily approving plans, specifications, estimate of costs, bid document, etc. Resolution instructing City Clerk to publish notice of plans, specifications, estimate of costs, bid document, etc. and taking of bids. Set date of hearing and bid opening as April 18, 2011. Submitted by Sandie Greco, Superintendent of Traffic Operations ORAL PRESENTATIONS Motion to receive and file oral comments. April 4, 2011 Page 11 ADJOURNMENT Motion to adjourn. Suzy Schares City Clerk MEETINGS Monday, April 4, 2011 4:05 p.m. - Council Work Session, Council Chambers 4:35 p.m. - Public Works Committee, Council Chambers 4:40 p.m. Building and Grounds Committee, Council Chambers 4:45 p.m. - Boards and Commissions Committee, Council Chambers 4:50 p.m. -Human Resources Committee, Council Chambers 5:00 p.m. -Finance Committee, Council Chambers PUBLIC INFORMATION 1. Waterloo Regional Airport Board minutes of February 22, 2011 on file in the City Clerk's office. CONTRACT PAYMENT SCHEDULE 1. Donald Street Recreational Trail, Contract No. 700 Pay estimate No. 8 to Vieth Construction Company in the total amount due of $5,601.75 2. F.Y. 2010 Cedar River Water Trail (Portages), Contract No. 734 Pay estimate No. 17 to Vieth Construction in the total amount due of$12,687.25 3. F.Y. 2008 Cedar Valley River Renaissance Trail Enhancement, Contract No. 743 Pay estimate No. 42 to Vieth Construction Company in the total amount due of $6,984.00 W'LOO TY OF [TIE COURIER CLERK'S IOFFICE AD NUMBER 1346629 PAGE NO. 1 of 1 715 MULBERRY WATERLOO, IA 50703 BILL DATE SALESPERSON 319-291-4323 04/18/11 milli START DATE STOP DATE 04/18/11 04/18/11 AD NUMBER AD DESCRIPTION CLASS LINES 1346629 APRIL 4 MIN. & RESO.2011-239 0950 LEGAL NOTICE 1362 Publication Insertions Rate Net Amount Gross Amount 3 WATERLOO/CEDAR FALLS COURIER- 1 LEGAL $591.11 TOTAL AD CHARGE $591.11 Purchase Order 719637 PAY THIS AMOUNT $591.11 $591.11 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 50734-0540 Return this portion with your payment Legal COURIER COMMUNICATIONS I Check# _ ❑Credit Card Ad Number 1346629 c/o LEE NEWSPAPERS ❑ r,,wE- ❑ v. ❑ WI ❑ Billing Date 04/18/11 PO BOX 540 WATERLOO IA 50704-0540 Acct#: Amount Due $ 591.11 Exp.Date: LE Amount Name on credit card Enclosed Signature _ Please make checks payable to: COURIER COMMUNICATIONS 000496 COURIER COMMUNICATIONS t W'LOO CITY OF c/o LEE NEWSPAPERS CLERK'S OFFICE PO BOX 742548 715 MULBERRY CINCINNATI OH 45274-2548 WATERLOO, IA 50703 Ir1„IlIri,r,IrIIrr.I,Ir.I„1,1 I 1 1, 11.JuJrlll,rl.ir„II 21780300000013466290000000000000005911100000591116 s STATE OF IOWA, Black Hawk County I do solemnly swear that the annexed copy of 1346629 APRIL 4 MIN. & RESO. 2011-239 notice was published in the WATERLOO/CEDAR FALLS COURIER - , a daily newspaper printed in WATERLOO, Black Hawk County, Iowa, for 1 issues commencing on 04/18/2011, in the issues of Apnl4,2011 The Council of the 04/18/2011 Waterloo, Iowa,met in Regular S at City Hall Council Chambers,Wa Iowa,at 5:30 p.m.,on Monday,A., of said newspaper, and that the annexed rate of 2011. Mayor Ernest G.Clark in thi Roll Call:Cole,Getty,Jones,Greer advertising is the regular legal rate of said Schmitt, Wolper, Hart. Moment lance. Pledge of Allegiance: May, newspaper, and that the following is a correct Clark. Hart/Schmitt that the Agenda,as bill for publishing said notice . ed adding an executive session, Regular Session on Monday,Aodl,' at 5:30 p.m.,be accepted and ;pf Ayes: Seven. Motion carried. Printer' s Bill $591 . 11 Hart/Schmitt that the Mint posed,for the Regular Sers day, March 28, 2011, at accepted and approved Motion tamed. • Mayor Clark Recogni:U ir��?ziilnor. r1 /��j11 Member of the cam, lob0; (vim,f�J 4. CONSENT AGg 3, ,r y 1. HarUSchmitt that e the file arcenser'ag s igned on esol !o• ,Ws, a.Resol 1.Resol i,, �a znr;net . a 1 n ys oni •Pa, aa is e Is on fil '':of k,rrrnys . Subscribed and swornto before me this with,„ an loft aril u h e Mara No. 0' Dams �; No.20' a flub day of 1 aaalr BE I7 P. ,om• THE CI) aidt bills her lerr' and thr oar' AO.761976 hereby • . warrant ;c9 I a j i _respect "X U rJ '.`ACES ACTIOI ota Public ADVAN''' CONT ADVAh TXRBT AECOT Received of ONT R FII TS IER the sum of Dollars in full for publication of the above invoice . 'emr - Notary Seal : Amended Council Agenda Items Council Meeting Monday, April 4, 2011 ' DP Add Executive Session Motion to adjourn to Executive Session. EXECUTIVE SESSION 1. Discussion of strategy in matters in litigation pursuant to Iowa Code Section 21.5(1)(c)(2007). Motion to adjourn Executive Session. k March 28, 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 28, 2011. Mayor Ernest G. Clark in the Chair. Roll Call: Cole, Getty, Jones, Schmitt, Welper, Hart. Absent: Greenwood. Moment of Silence. Pledge of Allegiance: Steve Decker, Superintendent of Streets. 136136 - Hart/Schmitt that the Agenda, as amended adding approval of the application for the Byrne-Jag grant, for the Regular Session on Monday, March 28, 2011, at 5:30 p.m. , be accepted and approved. Ayes: Six. Absent: Greenwood. Motion carried. 136137 - Hart/Schmitt that the Minutes, as proposed, for the Regular Session on Monday, March 28, 2011, at 5:30 p.m. , be accepted and approved. Ayes: Six. Absent: Greenwood. Motion carried. Mayor Clark performed a swearing in of the following Firefighters: Joseph Reiter and Jared Bargman. CONSENT AGENDA 136138 - 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. 1-55, dated March 28, 2011, in the amount of $2, 754, 430.77, 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. 2011-216. 2. Request of Tracey Southall to hold Leukemia & Lymphoma Society's Boot Block fundraiser on Saturday, April 16, 2011 from 9:00 a.m. to 2:00 p.m. at the intersection of Ridgeway Avenue and Hammond Avenue-Submitted by Daniel J. Trelka, Director of Safety Services. Resolution adopted and upon approval by Mayor assigned No. 2011-217. 3. Request of VFW Post 138 to hold annual Poppy Sale on May 21-22, 2011 at Hy-Vee Stores located on University, Logan, Crossroads and Byron; Fareway, Wal-Mart, K-Mart on University Avenue and Farmers Market-Submitted by City Clerk Suzy Schares. Resolution adopted and upon approval by Mayor assigned No. 2011-218. 4. Request of Curtis Klatt for a variance to the Noise Ordinance on August 20, 2011 from 4:00 p.m. to 11:00 p.m. in conjunction with a wedding reception to be held at Waterloo Boathouse including a DJ and the use of a PA system, together with recommendation of approval of Director of Safety Services. Resolution adopted and upon approval by Mayor assigned No. 2011-219. 5. Request of BJs Bar and Billiards for a variance to the Noise Ordinance on Thursday, Friday and Saturday evenings from May 5, 2011 to August 27, 2011 from 6:00 p.m. to 10:00 p.m. in conjunction with Full Throttle Thursdays and Weekend Live event that will be held at 110 Ida Street, including live band, together with recommendation of approval of Director of Safety Services. 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A;T;zao o; ;sanbag •9 Z abed ITOZ '8Z gOzeN March 28, 2011 Page 3 11.Recommendation of appointment of Joseph Leibold to the position of Captain of Police Services, effective March 22, 2011-Submitted by Daniel J. Trelka, Director of Safety Services 12.Recommendation of appointment of Pat Treloar to the position of Chief of Fire Services, effective March 22, 2011-Submitted by Daniel J. Trelka, Director of Safety Services 13.Recommendation of appointment of Greg Ahlhelm to the position of Plans Examiner, effective April 4, 2011-Submitted by Craig Clark, Building Official/Maintenance Administrator 14.Recommendation of appointment of Scott Clement to the position of Street Operations Supervisor, effective March 28, 2011-Submitted by Steve Decker, Superintendent of Streets 15.Motion to receive and file Mayor Clark' s recommendation of the following appointments: Appointee Board/Commission Expiration New or Re- Date Appointment Dee Vandeventer Airport Board June 30, p 2013 New Appointment Class C Liquor License Permit Application 16.Balkan Grill, 926 LaPorte Road (New) (Expires 3/1/12) (Includes Sunday Sales) 17.BHC United, 910 W. 5th Street (Transfer effective 3/1/11) (Includes Sunday Sales) 18.Bonds Ayes: Six. Absent: Greenwood. Motion carried. Mr. Schmitt abstained from the payment to Schmitt Telecom. Mayor Clark recognized the new appointees. PUBLIC HEARINGS 136139 - Schmitt/Welper that proof of publication of notice of public hearing on F.Y. 2011 Sidewalk Repair Program - Zone 1 And Trail Repairs, Contract No. 804, as published in the Waterloo Courier on March 15, 2011, be received and placed on file. Ayes: Ayes: Six. Absent: Greenwood. Motion carried. 136140 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Schmitt/Welper that the hearing be closed. Ayes: Ayes: Six. Absent: Greenwood. Motion carried. 136141 - Schmitt/Welper that "Resolution confirming approval 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: Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2011-222. 136142 - Schmitt/Welper that "Resolution ordering construction in conjunction with F.Y. 2011 Sidewalk Repair Program - Zone 1 And Trail Repairs, Contract No. 804", be adopted. Ayes: Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2011-223. • • •petzzeo uoT;or •pooMuaazc :;uasgy •xrs :sally :SOAy 'aTT; uo paoeTd pue paATaoaz aq 'TTOZ '£Z uoasN uo zsTzn00 ooTza;eM au; uT pausTTgnd SP 'SATIQ azTusuoAa( STS :anuaAy au1Ou4Meg pue ;aaz;S Pxazng UaaM;aq ;aez;S ;uOuizaA ;o apTs ;Sea au; buoTE a;Ts PTaT3 azouiT;Teg :anuaAi auzou;Meg 8ZL s;aaz;S u;L ;saM Puy anuany uo;sTTT?M 3o zauzoo ;sPau;zou au; ;P a;Ts PT°T9 uo4sTTTTM .anuaAv aexnPMTTW 008 f;aaz;S UOSTpPW 0££ t;aaz;S uTTxuPz3 LZ6 :;aaz;S zax1Pd 3saM pus anuaAV uo;zng go zauzoo ;seau;nos au; ;P a;Ts ToocjoS Aze;uamaT3 uToOuT7 zamao; :anuany uO;zng OLTZ canTaa pooMx5O 6SST :anuany zeuO4OT3 S6Z :3o butuozaz au; uo buTzeau oTTgnd ;o aoT;ou ;o uoT;soTTgnd ;o ;oozd ;Pu; zadTaM - 66T9£T •parzzso uoT;oW •pooMueezc :;uesgy •xTS :saAy :saAy 60LOS VI '00TzO4PM S6'L£$ SL'L6$ SL' L6$ Z66T x09 '0'd DYI 'eau° UMP'j TeuoTssa;old 0 £0L05 yI 'ooTza;PM O '009$ 00'56$ OS'9Z$ 00'OZ$ S6'8Z$ S6'8Z$ ;aBz;S 1446 '3 ZOTZ •OUI aae3 UMP'T g 9 3 Q 0 ff y u0T4d0 UoT;dO u0T4dO uoT;dO uoT;do uoT;dO zaPPT9 PTa PTff PTg PTH PIS PTg :Matnaz zo; zo;oa1TQ saoTAzaS aznsTaZ o; za3az pue spTq peat pue uado o; xzaTO A;iM ;onz;suT pue aTT; 'anTaoaz o; zadTaM/A;409 - 86T9£T 'SZZ-TTOZ '0N paUbTsse zo/i ] Aq TPAozddP uodn pus pe;dope uoT;nTosag 'pooMUaa1O :;uasgy •xTS :saAj :seAV •pa;dope aq '„6uTM0W 'SeM 30 4u6T TTOZ 144?M uoT;ounuoo uT paaoozd o; buTzTzou;ne uoT;nTosag" ;eu; zedTaM/A;;aO - L6T9£T '6ZZ-TTOZ '0N paubTssP .zoAPW Aq Tenozdde uodn pue pa;dope uoT;nTosag •pooMUee1O :;uesgy 'xTS :seAy :saAJ •pa;dope aq '„bUTMOyy AeM ;o ;146TE TTOZ u;?M uoT;ounCuoo uT •O;a ';Uaumoop pTq 'suoT;POT;Toads ;o Tenozdde buTma T;UOO uoT;nTosag„ ;Pu; zadTaM/A;;aO - 96T9£T •patzzeo uoT;ow •pooMueaao :;uesgy •xTS :saAV :saAy 'pasQTo aq buTzeau au; ;Pu; zadTaM/A;;aO •SUOU azaM azeu; pue suoT;oaCgo Tezo pue ua;4T1M zo; paTTeo zoAPW au; '6uTasau oTTgnd ;o aoPTd pup a''T; au; bUTaq sTuy - 56T9£T •p9TzzPo not;oW •pooMuaa1O :;uasgy •xTS :SaAy :saAy •aTT; u0 paoeTd pue penTaoaz aq 'TTOZ '£Z uozej u0 zaTznop ooTza;eM au; uT pausTTgnd se 'buTMoN AeM ;O ;ubTU TTOZ uo buTzeau oTTgnd ;o OoT;oU ;o uoT;eoTTgnd ;o ;oozd ;eu; zadTaM/A;4a9 - 66T9£1 •paTzzEO uoT;ow •pooMuaaao :;uesgy •xTS :seA1 COLDS yI 'ooTze;PM ! £S'96£ '£6$ £S'9L6 'Z6$ %S 4aaz4S .PT?1401Toa 06TT 0U[ 'AtUOSPW '9 a4azoUo3 usTo0 ax?W TOLOS VI 'ooTza;eM £6'£6S '6ITS £6 'OTT '6TT$ %S BATIQ ezz°TS 8ZLS ATddnS 9 szapiTng g g g ;unouiy ptg V a;euza;Ty ;unouiy P?H PuOff zaPPTH Z 'T UOTSTATQ z 5 I UOTSTATQ pTg :MBTAaz z0; zaauTbug A;TO O; za;Oz pue spTq pPaz pue uado o; xzaTO A;?0 ;onz;suT pue aTT; 'anTaoaz o; zadTaM/34TuuoS - £6T9£T 6 abed TTOZ '8Z 1-10JEW March 28, 2011 Page 5 136150 - This being the time and place of public hearing, the Mayor called for written and oral objections. Mayor Clark explained that we will have one joint hearing but all the properties will be voted on separately. Noel Anderson, Community and Planning Development Director, thanked the Waterloo Community Schools for the properties. Mr. Anderson explained the rezoning is to allow more neighborhood input for future development of sites. The R-1 RP will allow for greater review and conditions by City staff for specific conditions for each site; such as drainage concerns, house design, layout, etc. The rezoning does not guarantee any development of these sites. Ron Lepsch, 467 Devonshire, spoke in support of the rezoning. He asked that a study be conducted regarding adding a holding pond for the Devonshire property and he asked that the park remain. Mayor Clark explained that the old study will be updated prior to developing this property. Linda Morgan, Director of Iowa Heartland Habitat for Humanity, spoke in opposition of rezoning the old Irving School Site. She expressed concern that the new zoning would prohibit building affordable homes. Welper/Schmitt that the hearing be closed and recommendation of approval of Planning, Programming and Zoning Commission and oral and written comments be received and placed on file. Ayes: Ayes: Six. Absent: Greenwood. Motion carried. 136151 - Schmitt/Welper that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance by adding Subsection No. 114 to Section 2A-7N, Conditional Zoning Certain Property 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 to allow for other lighter commercial use", be received, placed on file, considered and passed for the first time. Ayes: Ayes: Six. Absent: Greenwood. Motion carried. It was explained that this property is the former Sound Room, Red CB property on Fletcher Ave. 136152 - Schmitt/Welper • that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Five. Nay: Schmitt. Absent: Greenwood. Motion failed. 136153 - Schmitt/Welper that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance by adding Subsection No. 115 to Section 2A-7N, Conditional Zoning Certain Property 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 to allow for future one and two family housing development", be received, placed on file, considered and passed for the first time. Ayes: Ayes: Six. Absent: Greenwood. Motion carried. 136154 - Schmitt/Welper that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Five. Nay: Schmitt. Absent: Greenwood. Motion failed. 136155 - Schmitt/Welper that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance by adding Subsection No. 412 to Section 2A-5, Rezoning Certain Property 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 to allow for future one and two family housing development", be received, placed on file, considered and passed for the first time. Ayes: Six. Absent: Greenwood. Motion carried. •paTTe; uot;oN •pooMuaaao :;uasgy -;;tuxqos :ApN •anT3 :seA' •papuadsns aq sbuT;aaw aoTad oM; ;p abessed ao; pa;on pue paaaptsuoo aq o; saoueutpao butatnbaa saina ;eu; aadTaM/aToo - P9T9Ei •paTaaeo uoT;oN •pooMueaao :;uesgy •xTs :seAv :saAy •awt; ;saig au; ao; passed pue paaaptsuoo 'aTT; uo paoeid 'panTaoaa eq '„;uawdoTanap buTsnoq ATTwe; oM; pue auo aan;n; ao; MoTTP 0; anuany aaxneMTTN pue ;aaa;s unouieo ;o aauaoo ;seaq;aou aq; ;E 'enuany aaxnpMTTN 008 ;e a;Ts Toogos pooMAeN aau10; au; ;e pa;eooi ;oTa;sTQ aouapTsaE pauueTd d-E'i-E 0; ;oTa;sTQ aouapTsaE ATTwe3 oMy pue aup „Z-E,. woo; saaoE 96•L ATa;pmTxoadde auozaa o; A;aadoad uTe;aao buTuozaE 'S-yZ uot;oas o; 9T4 'ON uoT;oasgns buTppe Aq aoueurpao buTuoZ A;To 'pepuewe Se '60Z 'oN aoueuTpap buTpuawe aoueuTpap UP" ;eq; aadTaM/eToo - £9T9£T •paTTe; uoT;oN •pooMuaaao :;uesgy •;;Twg0S :AeN •ant. :saAy •papuadsns eq sbuT;eaw aoTad OM; ;e abessed ao; pa;on pue paaaptsuoo eq o; saoueutpao butatnbaa saTna ;eq; ;aeH/A;;ao - Z9T9£T •paTaaeo uoT;ow •pooMuaaap :;uesgy •xTs :seAj :seAy •out; ;saT; au; ao; passed pue paaaptsuoo 'aTT; uo paoeid 'pantaoaa eq '„;uawdoianap buTsnoq ATTwe; oM; pue auo aan;n; ao; MoTTe o; ;aaz;s uostpeN pue ;aaa;s ouepi ;o aauaoo ;se q;nos eq; ;e pe;eooT ';aaa;s uosTppw 0££ e;Ts Toogos ;noap sToupag aawao; eq; ;e pe;ezoT ';oTa;STQ aouapTsaE pauueTd „d-E'T-E.. o; g0Ta;sT0 aouapTsaE ATTued oMy pue aup „Z-E, woo; saaoe pi•T ATe;euTxozdde auozaa o; A;aadoad uTe;aao buTuozaE 'S-yZ uoT;oes o; sip •oN uoT;oasgns buTppe Aq aoueuTpap buTuoZ A4T3 'pepueue se '6LbZ •oN aoueuTpap buTpuewe aoueuTpap up.. ;eq; • ;aeH/A;;as - T9i9£T •paTTe; uoT;oN •pooMuaaao :;uesgy •;;Tugos :AeN •anT. :se •papuadsns eq sbuT;aaw aoTad oM; ;e abessed ao; pa40n pue paaaptsuoo eq o; saoueutpao butatnbaa se-ma ;eq; ;aeH/A;;ao - 09T9£T •paTaaeo uoT;ow •pooMuaaao :;uasgy •xTs :se j :seAy •awT; ;sat; eq; ao; passed pup paaaptsuoo 'aTT; uo paoeid 'pantaoaa eq '„sesodand eeT;;o/Tetoaeunoo aan;n; ao; a;Ts aq; ;o ;uawdoianapaa ao; MOTTE o; ;eaa;g uTTxuea. 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Ayes: Four. Nay: Two (Cole, Hart) . Absent: Greenwood. Motion carried. 136166 - Cole/Welper that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Five. Nay: Schmitt. Absent: Greenwood. Motion failed. 136167 - Cole/Welper that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance by adding Subsection No. 418 to Section 2A-5, Rezoning Certain Property 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 to allow for future one and two family housing development", be received, placed on file, considered and passed for the first time. Ayes: Six. Absent: Greenwood. Motion carried. 136168 - Cole/Welper that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Five. Nay: Schmitt. Absent: Greenwood. Motion failed. 136169 - Hart/Schmitt that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance by adding Subsection No. 419 to Section 2A-5, Rezoning Certain Property 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 to allow for future one and two family housing development", be received, placed on file, considered and passed for the first time. Ayes: Six. Absent: Greenwood. Motion carried. 136170 - Hart/Welper that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Five. Nay: Schmitt. Absent: Greenwood. Motion failed. 136171 - Hart/Schmitt that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance by adding Subsection No. 420 to Section 2A-5, Rezoning Certain Property 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 to allow for future one and two family housing development", be received, placed on file, considered and passed for the first time. Ayes: Six. Absent: Greenwood. Motion carried. 136172 - Hart/Welper that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Five. Nay: Schmitt. Absent: Greenwood. Motion failed. RESOLUTIONS 136173 - Schmitt/Welper that "Resolution approving submission of grant application to Black Hawk County Gaming Association requesting up to $55, 000.00 to purchase fitness gear for all six (6) fire stations-Submitted by Daniel Trelka, Director of Safety Services", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2011-226. 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Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2011-234. 136182 - Schmitt/Welper that "Resolution approving submission of grant application to Black Hawk County Gaming Association in the amount of $850, 000.00 with a $850, 000.00 city match to be used to meet FEMA requirements to raise the levee height along Virden Creek from Highway 63 to E. 4th Street/Gates Park-Submitted by Eric Thorson, P.E. , City Engineer", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2011-235. 136183 - Schmitt/Welper that "Resolution approving request to be included in the Iowa Department of Transportation's soliciting of bids for rock salt to be used in the Snow & Ice Control Program for fiscal year 2012; and authorize Mayor to execute said document-Submitted by Steve Decker, Superintendent of Streets", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2011-236. 136184 - Schmitt/Welper that "Resolution approving Development Agreement with Failor Hurley Properties LLC for a new 3,250 sq. ft. industrial building valued at $260, 000.00 in the Martin Road Tax Increment Finance District, near Country Estates Fencing; and authorize Mayor and City Clerk to execute said document-Submitted by Noel Anderson, Community Planning & Development Director", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2011-237. 136185 - Schmitt/Welper that "Resolution approving application for FY 2012 Byrne-JAG/RSAT Grant for funding to be used for the Tri-County Drug Enforcement Task Force, with Federal funding of 75 percent and an additional 25 percent match from participating agencies-Submitted by Daniel Trelka, Director of Safety Services", be adopted. Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2011-238. ORAL PRESENTATIONS None ADJOURNMENT 136186 - Hart/Cole that the Council adjourn at 6:29 p.m. Ayes: Six. Absent: Greenwood. Motion carried. Suzy Schares City Clerk CITY OF WATERLOO Council Communication City Council Meeting: April 4th, 2011 Prepared: March 18th 011 Dept. Head Signature: # of Attachments: N/A SUBJECT: April 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 Battalion Chief Mike Jenn has been named April's Team Member of the Month. He has worked for Fire Services since July 21, 1986. While holding the position of Interim Chief of Fire Services, he distinguished himself by illustrating a record of excellence through his teamwork, "can do" attitude and demonstrating service and performance above and beyond what is normally expected in the day-to-day performance of his job duties. Expenditure Required Source of Funds Policy Issue Alternative Background Information: CITY OF WATERLOO PAYMENT VOUCHER \ Payment voucher prepared by Cheryel Stevenson �� atch# DATE: March 28,2011 Vendor# 9177 Keyed By. zl VENDOR NAME: Schmitt Telecom Partners Inc. DEPARTMENT: P lice ADDRESS: P.O.Box 2213 CITY 8 STATE: Waterloo,IA 50704-2213 PROJECT/GRANT ODE: INVOICE DATE INVOICE AMOUNT DESCRIPTION G/L DISTRIBUTION 3/25/2011 43506W 4107.50 Service order/labor check voice mail 010 11 1100 1344 3/25/11 43514W 5.00 Move fax line hallway to copier 010 11 1100 1344 ..4",..1-d"ffit jk 13 Legrg� TOTAL: $192.50 // Submitted g Date Approved By Date An Equal Opportunity/Affirmative Action Employer a CITY OFN WATERLOO PAYMENT VOUCHER PREPARED BY: M.t,QJ„)1 Finance *-vt tL PV# 2011-617 Vendor No. 9177 Batch N, DATE: 03/28/11 Keyed B, : AI Vendor Name: SCHMITT TELECOM PARTNERS, INC. Department: INFO' ,'T ON ER ES Address: 772 WATER STREET SUITE 400 City & State: WATERLOO, IA 50703 Grant/Project.Code # Reference Purchase Order # *********************************** Invoice Date Invoice Number Qty/Unit Amount Description G/L Distribution 03/25/11 43544W 1 $1,176.38 ELD CARD PHONE SYS REPAIR 410-01-8225-2106 Total: $1,176.38 Special Instruction:� r� 4`'f// 03/28/11 W 3Iiiit ubmitted By: James A. Quint Date Approved By Date u ski An Equal Opportunity/Affirmative Action Employer , E- 11 a 0 0 o r o o ,.a 0 0 i r,,J ii 01 a, 11 a 1 O I - tr -. 0 r 0 U tr. o o a O I 4 17 4 II w1 W W 14.1 Li, II N I- A O Cl! • to 4 .0 , Q p rj0 0 al N a, it7 cr. to !! xi 7 r1 cc ') 0 x 07 Cr m &- Q tr 7 In II tri CCui O 40 0 `, II 0 O, 0 D : .. m0 m - II .a 4a1- > n Y II a4U Z II Ix Cr '..3 I ce N II 4•+ 11 O 0 .0 O 3 0, I p, 11 3 3 3 3 n : : _ I n I- 0 I- O I-O I-O I-O I li E 0 .. E..r W I 4 1- -4 < I- -I 4: .1-: ,.r 4 U i -,4 0.` H I CV.E ., 7 E a. 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W F .,W CI .,W I- .t 4 W W W I !W- I0- Cn I- 0 C7.I- 0 CI 1-I I- CI I- ID 4 _.1 .4 I-.4 W I e, F-: a er I- .,rti I- .a.-II I- .a er. F I-0 I- Uq1- > I I- 0 •It lif 0 44 .9 .9 9 T • 0 • 0 • • ! s. O ® 04 0 1 CITY OF WATERLOO Council Communication City Council Meeting: April 4, 2011 Prepared: Daniel J. Trelka,_-- SA Dept. Head Signature: # of Attachments: 2 SUBJECT: Hawkeye Valley Area Agency on Aging Walk Submitted by: Daniel J. Trelka, Director of Safety Services Recommended City Council Action: Seeking Council approval for a one-mile walk requested by the Hawkeye Valley Area Agency on Aging. Summary Statement: A one-mile walk is being planned by the Hawkeye Valley Area Agency on Aging for Thursday, May 26, 2011. They will leave from Young Arena at approximately io:oo a.m., returning back to Young Arena after the walk. A map of their route is attached. Expenditure Required: Source of Funds Policy Issue Alternative Background Information: Cc: Chief Treloar, Fire Rescue Captain Leibold,Waterloo Police Department Sandie Greco,Traffic Operations Steve Decker, Street Department Paul Huting,Leisure Services tHawkeyeValley Area Agency on Aging KCEIVED MAR 2 5 2011 Mayor Buck Clark City of Waterloo 715 Mulberry Street Waterloo, IA 50703 March 24, 2011 Dear Mayor and City Council, The Hawkeye Valley Area Agency on Aging respectfully requests permission to host a one-mile long walk as part of our celebration of Older Americans Month, May 2011. This will be our second annual event to celebrate the strength and vitality of older Iowans, and to encourage healthy exercise. "Age Strong! Live Long! Walk On!" will be held in 10 counties and 19 communities on the same day. This walk is open to all ages and there is no charge to participate. We understand that this may require "permission to parade" from your community. We will be leaving from and returning to Young Arena at approximately 10:00 a.m. on Thursday May 26. We anticipate following a sidewalk or designated path. Please call Heather Chingren at 319-272-2086 if you have any questions. Sincerely, fe:7?-----Th Mike Isaac Executive Director J ,t. 2101 Kimball Avenue, Suite 320 • P.O. Box 388 • Waterloo, Iowa 50704-0388 319.272.2244 • 800.779.8707 • FAX: 319.272.2455 • E-mail: hvaaa@hvaaa.org Hawkeye Valley Area Agency on Aging is an Affirmative Action/Equal Employment Opportunity Employer. r, . N'a \Hawkeye ' >` ,r� r t Fr US B 1 a atellr?O ' y> A Hawks 7_, oafs% `"-a . A�+tr If Burger Kong Zil ' City of fi3 3 *BP stYrioo . c ,i'sto . �y'f C Reed Park E. �s `b Eternal `W) TattOo t: HAW( I ;'s'DanGable ' ' Intl Wres€linr Iowa Community ' ''' use Ateilon Credit Union/ /' .. A um P� r.Ijk�ra,i x , 71'. '14 �fie, • J 7L-, iU Gentlemen's'-... C:• ■ nt.'tEf i `j Club " 1Z �" �' �o ` .` , f Ramada ks ', ." KFMW De pifc't' ' ` °� lmagnenum , ,,�,. 'ttU i Friday,Mar 25,2011 02:08 PM RESOLUTION NO. 2011-240 RESOLUTION APPROVING REQUEST OF HAWKEYE VALLEY AREA AGENCY ON AGING TO HOLD "AGING WALK" EVENT ON MAY 26, 2011 . WHEREAS, the Hawkeye Valley Area Agency on Aging has requested that they be allowed to hold the "Aging Walk" event on May 26, 2011 beginning at 10 : 00 a.m. , with the route starting at Young Arena east along Commercial Street, right on West Park Avenue, left on Washington Street, right on West 3rd Street, left on Commercial Street and end at Young Arena. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the request of the Hawkeye Valley Area Agency on Aging to hold the "Aging Walk" event on May 26, 2011 beginning at 10 : 00 a.m. , with the route starting at Young Arena east along Commercial Street, right on West Park Avenue, left on Washington Street, right on West 3rd Street, left on Commercial Street and end at Young Arena, together with the recommendation of approval by the Director of Safety Services, be and the same is hereby approved. PASSED AND ADOPTED this 4th day of April, 2011. /---(4A4 Ae-i Ernest G. Clark, Mayor ATTEST: Suzy S h res, CMC City Clerk CITY OF WATERLOO Council Communication City Council Meeting: April 4, 20 Prepared: Daniel J. Trelka Dept.Dept. Head Signature: # of Attachments: 1 SUBJECT: PONY EXPRESS RIDE Submitted by: Daniel J. Trelka, Director of Safety Services Recommended City Council Action: approval of event scheduled for Friday, April 22, 2011 Summary Statement: Darrell Ludwig has been designated by Easter Seals Camp Sunnyside to coordinate the Pony Express ride within Black Hawk County. There will be a parade of Express Riders that will enter the city limits of Waterloo around 3:15 p.m. Parade route will be: -along Lafayette Street from the city limits of Evansdale to Waterloo -to 6th Street near Black Hawk County Courthouse -right on 6th Street to Mulberry Street -left on Mulberry to City Hall 12 to 15 horses with riders will be participating in the event. They request an escort from the Waterloo Police Department at the city limits around 3:15 p.m. They also request Mayor Clark or another city official to meet and welcome the group to Waterloo. Expenditure Required: none Source of Funds: none Policy Issue: none Alternative: none Background Information: cc: Chief Treloar, Fire Rescue Captain Leibold, Waterloo Police Department Sandie Greco, Traffic Operations Steve Decker, Street Department Paul Huting, Leisure Services PONY EXPRESS RIDERS of IOWA ?'/ P.O. Box 4002 . Des Moines, IA 50333 . 515.289.1933 x244 . www.ponyexpressridersofiowa.org 144 March 23, 2011 Capt. Joe Leibold Waterloo Police Department City Hall Waterloo, Iowa 50701 Capt. Leibold: I am Darrell Ludwig and have been designated by Easter Seals Camp Sunnyside to coordinate the Pony Express Ride within Black Hawk County. The ride will be on Friday April 22, 2011. Pony Express Riders of Iowa is a group of horsemen statewide who have banned together, collect donations and take them to Camp Sunnyside. The ride we are involved in will start at Decorah on Friday morning. We will stop at many towns and cities along the way and will end up at Hudson on Friday evening. We will then start out at Hudson on Saturday morning and continue on to Des Moines and Camp Sunnyside. I have sent a letter to Mayor Clark(copy attached) asking permission to hold a parade on Friday April 22, 2011. I am asking you to furnish the escort for the parade. The route will be along Lafayette Road from the city limits of Evansdale/Waterloo to 6th Street near the Black Hawk County court house and then to the right one block to Mulberry Street and then left to the front entrance of City Hall. Traditionally we have had from 12 to 15 horses with riders and a group of horse trailers to support the horses. The parade will leave the corner of Evans Rd and Lafayette Rd in Evansdale with an escort from the Evansdale Police Department at approximately 3 pm. We would plan to meet the escort from the Waterloo Police Department at the city limits at about 3:15 pm. We would then continue to City Hall. We have asked Mayor Clark or some other official designated by him to meet us and welcome us to Waterloo. We would be most honored to have the equestrian mounted escort from Waterloo Police Department if that is possible. We will leave City Hall after the stop and will trailer to Hudson. Thank you for your consideration. Darrell Ludwig 3523 N. Union Rd Cedar Falls, Iowa 50613 Phone: Home 277-2413. Cell 319-240-5317 RESOLUTION NO. 2011-241 RESOLUTION APPROVING REQUEST OF EASTER SEALS CAMP SUNNYSIDE TO HOLD PONY EXPRESS RIDE ON APRIL 22, 2011 . WHEREAS, Easter Seals Camp Sunnyside has requested that they be allowed to hold a Pony Express Ride within Black Hawk County on April 22, 2011 beginning at approximately 3 : 15 p.m. , with riders leaving the city limits of Evansdale along Lafayette Street to East 6th Street near the Black Hawk County Courthouse, right on East 6th Street to Mulberry Street, and left on Mulberry Street to City Hall. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the request of Easter Seals Camp Sunnyside to hold a Pony Express Ride on April 22, 2011 beginning at approximately 3 : 15 p.m. , with riders leaving the city limits of Evansdale along Lafayette Street to East 6th Street near the Black Hawk County Courthouse, right on East 6th Street to Mulberry Street, and left on Mulberry Street to City Hall, together with the recommendation of approval by the Director of Safety Services, be and the same is hereby approved. PASSED AND ADOPTED this 4th day of April, 2011 . Ernest G. Clark, Mayor ATTEST: L uzy S a es, CMC City Clerk CITY OF WATERLOO Council Communication City Council Meeting: April 4, 2011\ Prepared: Daniel J. Trelka ° Dept. Head Signature: # of Attachments: 2 SUBJECT: Waterloo Community Playhouse and Black Hawk Children's Theater 5K run/walk for June 11, 2011 Submitted by: Daniel J. Trelka, Director of Safety Services Recommended City Council Action: Seeking Council approval for a 5K run/walk scheduled for June 11, 2011 @ 7:3o a.m. This event is being requested by the Waterloo Community Playhouse and Black Hawk Children's Theater. Summary Statement: A 5K run/walk is being planned by the Waterloo Community Playhouse and Black Hawk Children's Theater for June 11, 2011 @ 7:3o a.m. The route information is attached. Expenditure Required: Source of Funds Policy Issue Alternative Background Information: Cc: Chief Treloar,Fire Rescue Captain Leibold,Waterloo Police Department Sandie Greco,Traffic Operations Steve Decker,Street Department Paul Huting, Leisure Services RECEIVED MAR 23 2011 Waterloo Community Playhouse/ Black Hawk Children's Theater PO BOX 433 WATERLOO IOWA 50704-0433 (319) 235-0367 March 22, 2011 Mayor Buck Clark 715 Mulberry Street Waterloo IA 50703 Dear Mayor Clark: The Waterloo Community Playhouse and Black Hawk Children's Theater are planning a second annual 5k fundraising run/walk for June 11, 2011 at 7:30 a.m. We are calling it the "Spotlight Run:All Shook Up". Last year's event was the "Run for the Dream:the Amazing Technicolor 5k".We discussed the date with Main Street Waterloo,the Visitor and Convention Bureau, and the Waterloo Police Department. We are excited about keeping this event in downtown Waterloo. We plan to use the same route that the police mapped out for us last year.The route starts at Commercial and Mullan, run westbound down Commercial to River Road,take River Road one mile,turn around and run back to Mullan, continue on Commercial to W 2"d Street,turn right on W 2"d Street and take it to Washington(Bluff). Go left on Washington to W 4th Street; go left/North on W 4th Street to Lincoln Park. I am attaching the race map from last year to help you visualize the complete route. I spoke with Captain Leibold of the Waterloo Police Department regarding our request, and he said to get City Council approval of our race route and plans that I needed to send a letter to the Mayor. This letter is the formal request of the Waterloo Playhouse Black Hawk Children's Theater for approval of our race route and permission to close some intersections during the race.We will complete an application for discretionary hotel/motel funds to assist with paying the Waterloo Police Department to provide route security. Last year this event exceeded our expectations in every way. We appreciate you support for our event. I look forward to hearing from you. Sincerely, ‘tAte-041kit° Linnea Nicol WCP/BHCT Vice-President of Fundraising Cc:Captain Joe Leibold 41 03 I C C Htin el CC 3 3 m m JS n�/ ` a 11% Jr 111111 tcL S 0 ` at'' iV y `� k. vJs .w \ j / JS ��Jn ya` ildam O O W V f\ f f a > ' m = err �f . )./bWY W Y O {0in c ._ O 713 0 _I*: ~ ii F m 0 w r. y S a le \ S� a Y m L YI�'.0 1 d £ d v 03 W v I t\.x. S ela a. 0 ea d dm $ 3 J ` . m � � a W w w is, O III a al m ca E A. I" o _ 3 u o r 7 W of xT s g �_ o a ' d a`r E p L E t �y R o o 1r ��` y ig I, I, Cifs L ?.` 0 _ c a) c co m 2o d 2 0)a- till° 04 CIO IF) c0 C i U w O E - ,. '- =I= •-- i - : (12 E "a T3 0 +- : : IN V c > D N N O Z �� � � D ` oY o 0 cn2Qa .� U � rn � RESOLUTION NO. 2011-242 RESOLUTION APPROVING REQUEST OF THE WATERLOO COMMUNITY PLAYHOUSE/BLACK HAWK CHILDREN' S THEATRE TO HOLD "SPOTLIGHT RUN: ALL SHOOK UP" EVENT ON JUNE 11, 2011 . WHEREAS, the Waterloo Community Playhouse/Black Hawk Children' s Theater has requested to hold the "Spotlight Run: All Shook Up" event on June 11, 2011, with race starting at 7 : 30 a.m. at Mullan Avenue and Commercial Street, west to River Road, take River Road one mile to the middle of the bridge, turn around and run back to Mullan Avenue, continue on Commercial Street to West 2nd Street, right on West 2nd Street to Washington Street (Bluff) , and left on Washington Street to West 4th Street to Lincoln Park. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the request of the Waterloo Community Playhouse/Black Hawk Children' s Theater to hold the "Spotlight Run: All Shook Up" event on June 11, 2011, with race starting at 7 : 30 a.m. at Mullan Avenue and Commercial Street, west to River Road, take River Road one mile to the middle of the bridge, turn around and run back to Mullan Avenue, continue on Commercial Street to West 2nd Street, right on West 2nd Street to Washington Street (Bluff) , and left on Washington Street to West 4th Street to Lincoln Park, together with the recommendation of approval by the Director of Safety Services, be and the same is hereby approved. PASSED AND ADOPTED this 4th day of April, 2011 . ,g,(2 Ernest G. Clark, Mayor ATTEST: Suzy Sthres, CMC City Clerk CITY OF WATERLOO , IOWA ArilL ,pi`ti ie/ COMMUNITY PLANNING AND DEVELOPMENT MS�m 715 Mulberry Street • Waterloo,Iowa 50703-5783 • (319)291-4366 Fax(319)291-4262 diOt Ioo �O P ( NOEL C.ANDERSON,Community Planning&Development Director \.l Council Communication Mayor City Council Meeting:April 4, 2011 BUCK CLARK Prepared: March 30, 2011 Dept. Head Signature: G�� # of Attachments: 4 COUNCIL MEMBERS SUBJECT: Request of Black Hawk Contracting and Development for tax DAVID exemptions on improvements totaling$125,000 for property located at 324 Madison JONES Ward 1 St and located in the Consolidated Urban Revitalization Area. CAROLYN Submitted by: Shane Graham, Planner II COLE • Ward 2 Recommended City Council Action:Approval HAROLD GETTY Ward 3 Summary Statement:Attached please find a formal application for tax exemptions on improvements made to the property at 324 Madison Street. Black Hawk QUENTIN Contracting and Development has submitted the application for the following HART improvement(s):New Single-Family Home. The sum costs of these improvements Ward 4 were reported to have been$125,000. RON WELPER Expenditure Required: None Ward 5 BOB Source of Funds:None GREENWOOD At-Large Policy Issue:None STEVE SCHMITT Alternative: None At-Large Background Information: These improvements qualify for exemptions from taxes on the actual value added to residential and commercial property under the Consolidated Urban Revitalization Area Plan. The applicant has selected the ten (10)year, partial exemption. Legal Description: Hillside Addition Lot 5 Block 6 cc Noel Anderson,Community Planning&Development Director Path: K:\USERS\SHANE-0\CURA\Letters\CURA Council Communication 324 Madison St.doc CITY WEBSITE: www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer , URBAN REVITALIZATION APPLICATION iv. IN FOR PROPERTY TAX EXEMPTION FOR IMPROVEMENTS UNDER THE PROVISIONS OF THE URBAN REVITALIZATION PLANS ADOPTED BY THE CITY COUNCIL OF THE efegpp:%° CITY OF WATERLOO. The Consolidated Urban Revitalization Area(CURA)allows property tax exemptions on improvements to property located within its boundaries that meet the following criteria: 1. At least a 10%improvement to the value of the residential property. At least a 15%improvement to the value of commercial property if a building was previously on the site. It commercial property was previously vacant,all actual value added by the improvements is eligible for tax exemption. 2. Be located within the CURA boundaries(a map of which can be obtained from the City of Waterloo Community Planning &Development Department.) 3. This application must be filed with your assessor according to the timeline of the State Code of Iowa,Section 404.4 unnumbered paragraph 2(as attached.) However,a single application may be filed upon completion of an entire project requiring more than one year to construct or complete,providing prior approval has bee granted by the City Council or County Board of Supervisors. Please fill out the following information for your application to be submitted t ity Council. NAME: SIGNATURE: ADDRESS: O 144'Z-C-a dot _ TELEPHONE: S ' 2'52' (-1&=6 j DATE: ( + j A. What is the Address of your property? Il (SCA/ What is the Legal Description,off�ur prope ?(Available at County ssessor's Office on 2"d floor of the Courthouse)? 4-1IL-L- 1l1`Z )tTZC I-f 7 5 B. Indicate desired exemption schedule:(1 or 2) 1. One Hundred Percent(100%)exemption for three years on the actual value added by improvements; 2. X A partial exemption on the actual value added by improvements according to the following schedule: a. First Year-------80% d. Fourth Year------50% g. Seventh Year 30% b. Second Year-----70% e. Fifth Year--------40% h. Eighth Year 30% c. Third Year-------60% f. Sixth Year--------40% i. Ninth Year--- 20% j. Tenth Year 20% C. What was.tbeLnatu�re11ofthe improvement(s)? D. City of Waterloo Building and Inspections Department Information: c Permit Number: g( - 2Cu . Date permit was issued: 711° -'") Total permit(s)valuation: I I L J E. What was the cost of the improvement i I(v ,V Q Q I / -07}v 0..2/6 E---- • F. Estimated or actual date of completion of these improvements? ( i S (0, I q(3 O t t t 64-7 T G. If this is not a singe-family dwelling unit,which you own d reside in,will these improvements create a displacement of zcif, 8,7 you tenants? Yes �To r/ GI`f CITE'OF WATERLOO N ///��� v/ APPROVED DATED: w_ RESOLUTION NO: 1I(- DENIED BLACK HAWK COUNTY ASSESSOR APPROVED DATED: Tami McFarland DENIED Black Hawk County Assessor Note: The improvements to your home or business may not change the assessed value. Note: City Council approval does not guarantee tax exemptions. The application must be reviewed and approved by the Black Hawk County Assessor's Office for criteria eligibility. Black Hawk County Detailed Parcel Report Page 1 of 2 BLACK HAWK COUNTY REAL ESTATE ASSESSMENT AND TAX INFORMATION Parcel ID Deed Holder Tax Mail to Address BLACK HAWK CONTRACTING AND BLACK HAWK CONTRACTING AND 8912-30-129-022 DEV DEV PO BOX 295 PDF No. Map Area Contract Buyer WATERLOO, IA 50704-0000 7 EWTLO-04 Property Address Current Recorded Transfer 324 MADISON ST Date Drawn Date Filed Recorded Document Type WATERLOO, IA 50703-0000 7/7/2009 7/15/2009 2010 001126 D SALES BUILDING PERMIT Date Amount NUTC /Type Date Number Amount Reason 7/7/2009 22,800 VACANT LOTS/ Deed 11/9/2009 WA 08201 5,600 Furnace 10/28/2009 WA 04879 84,124 New Dwlg ASSESSED VALUES/CREDITS Year Class 2011 Proposed Values Subject to Board of Review Action R 100% Land Dwelling Building MIE Total Acres Value 26,190 82,860 0 0 109,050 0 Taxable Land Dwelling Building M/E Total Value 26,190 82,860 0 0 109,050 Year Class 2010 R 100% Land _Dwelling Building M/E Total Acres Value 17,520 86,060 0 0 103,580 0 Taxable Land Dwelling Building M/E Total Value 8,502 41,765 0 0 50,267 �'\.. LEGAL HILLSIDE ADDITION LOT ,.. 99-AND 10 BLK 6 LAND Basis Front Rear Side 1 Side 2 Lot Area Acres Front 50 50 128 128 0 19200 0.441 Foot Front 50 50 128 128 0 Foot Front 50 50 128 128 0 Foot Totals: 19200 0.441 DWELLING CHARACTERISTICS Type Style Single-Family/Owner Occupied 1 Story Frame Year Built Area Heat AC Attic 2009 1176 Yes Yes None Total Rooms Above 'Total Rooms Below (Bedrooms Above (Bedrooms Below http://www2.co.black-hawk.ia.us/website/bhmap/bhRepDet.asp?apn=891230129022 3/30/2011 Black Hawk County Detailed Parcel Report Page 2 of 2 5 10 13 10 Basement Basement Finished Area No Basement Floor Full 0 0 Foundation Flooring Conc Carp/Vinyl Exterior Walls Interior Finish Vinyl SHIRK Roof Asph/Gable Non-Base Floor/Wall Pipeless Handfired Space Heaters Heating 0 Plumbing12 Full Bath Deck Style Area Wood Deck-Med 100 http://www2.co.black-hawk.ia.us/website/bhmap/bhRepDet.asp?apn=891230129022 3/30/2011 I City of Waterloo ® Consolidated_Ubran_Revitalization_Area i 1 1 0.5 0 1 ^ I �� . Miles ..----1 1 L 1 L. 1••-'4 ®, I r 1 �. t„111 ` L..r.._ _• --v J■_ ■ fl �a� N .,�24...'.ter... & _DELI 11. 'r"' qi�i. o.o. I II %11111.1410121"N Ak.._ -4./4`..44,V,A77.71"" :" —---"K _ �s ♦O�4r♦♦••i♦i♦i♦ �.��I�11 1 =— \ ., ppr., ,g INNIII ••• lb Ni ri. ► , r` a*` ��1. �leeii�1 t !"—"—"'—. ,..•'''7" ..? 1 if hIrritarill"123a=VA — .,./ 41011111.1.1411 "IV" — ,#A1\ ; 1 —) ' — 01 sitimhomN11,911,411• I .. , Aso. — VI t 1 r , �-� i I i.._.. .._ ._.._.._- RESOLUTION NO. 2011-243 RESOLUTION APPROVING APPLICATION WITH BLACK HAWK CONTRACTING AND DEVELOPMENT FOR TAX EXEMPTIONS ON IMPROVEMENTS TOTALING $125, 000. 00 FOR PROPERTY LOCATED AT 324 MADISON STREET IN THE CONSOLIDATED URBAN REVITALIZATION AREA PLAN, IN THE CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA. WHEREAS, Black Hawk Contracting and Development has submitted an application dated March 28, 2011 to the City Council of the City of Waterloo, Iowa, requesting to receive tax exemptions on improvements totaling $125, 000 . 00 for property located at 324 Madison Street, more fully described as follows : Hillside Addition Lot 5 Block 6, all in the City of Waterloo, Black Hawk County, Iowa; and, WHEREAS, said property is located within the designated Consolidated Urban Revitalization Area in Waterloo, Iowa, as previously established by the City Council of the City of Waterloo, Iowa, and, WHEREAS, the improvement project respecting said property is in conformance with the Consolidated Urban Revitalization Plan as officially adopted by the City Council for the City of Waterloo, Iowa, and WHEREAS, the improvements on said property were made during the time in which such improvements are eligible for the tax exemption as set forth in the Consolidated Urban Revitalization Plan as adopted by the City Council of the City of Waterloo, Iowa, and as set forth in the Urban Revitalization Act as adopted by the Legislature of the State of Iowa and signed by the Governor of the State of Iowa, and WHEREAS, said applicant is requesting the following exemption schedule: For the first year 80% For the second year 70% For the third year 60% For the fourth year 50% For the fifth year 40% For the sixth year 40% For the seventh year 30% For the eighth year 30% For the ninth year 20% For the tenth year 20% NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, that said application is hereby approved and the City Clerk is hereby authorized and directed to forward said application and a copy of this resolution to the Assessor by March 1, 2011 . Resolution No. 2011-243 Page 2 PASSED AND ADOPTED this 4th day of April, 2011 . Ernest G. Clark, Mayor ATTEST : City Clerk Carol Hai l o ri To-pw►y Gtyl ark FINANCE DEPT. STAFF ONLY LINE ITEM USED 010-11-1100-1346 TRAVEL REQUEST FY BUDGETED 4/oou1,10 CITY OF WATERLOO EXPENDED YTD /7/0( 2(v THIS REQUEST 470.00 LEFT AFTER THIS REQUEST DATE 22,21.,) .3 3 3t,7ll Original-Clerk/Finance Copy-Department NAME(S) AND POSITION(S): DATE: Officer Eryn Hageman March 23rd, 2011 NAME OF CLASS /MEETING: DESTINATION: Iowa Law enforcement Academy Technical Accident Investigation School Johnston, Iowa DEPARTURE POINT IF NOT WATERLOO: DEPARTURE DATE: RETURN DATE: DATE(S) OF MEETING: April3`d, 2011 April 15th, 2011 April4-15, 2011 PURPOSE OF TRAVEL: Lt McNamee is requesting authorization to send Officer Eryn Hageman to the Technical Accident Investigation course at the Iowa Law Enforcement Academy on April 4th-15th, 2011, in Johnston, Iowa. Officer Hageman has attended the one- week Accident Investigation course that is a prerequisite for this two-week Accident investigative school. This is an advanced Accident Investigation school that will teach the officer how to properly investigate accidents that involve serious injuries and deaths. The registration for the school is$210.00. Officer Hageman will stay at the Law Enforcement Academy at no cost and would require meals at the academy. A city vehicle will be needed for travel to the training facility WILL TRAVEL REQUIRE ADDITIONAL PERSONNEL: x COST$ 00.00 YES NO METHOD OF TRAVEL: xx CITY VEHICLE PRIVATE VEHICLE AIRFARE DEPARTING FROM: ESTIMATE OF COST: BUDGET LINE ITEM: 010-11-1100-1346 $0.00 LODGING TAXI xx GRANT REIMBURSABLE $160.00 MEALS PARKING YES NO $210.00 REGISTRATION AIRFARE xx REQUIRED CERTIFICATION $/00.00 MILEAGE/FUEL MISC/TOLLS YES NO TOTAL FOR ALL: $ 470.00 TOTAL: $ 0.00 PER PERSON I BELIEVE THIS TRIP SERVES A PUBLIC PURPOSE I APPROVE THIS TRAVEL REQUEST AND IS NECESSARY AND BENEFICIAL TO THE CITY OF WATERLOO j �/,(� DEPARTMENT HEAD MAYOR I I — { 11J4121)i1 DATE DATE FINANCE DEFT. STAFF ONLY LINE ITEM USED ,(/(J 37 '/iDD 13'l'�0 TRAVEL REQUEST FY • BUDGETEDJ'Gl).OU CITY OF WATERLOO EXPENDED YTD V1737 THIS REQUEST 8.6 LEFT AFTER THIS REQUEST / -3.Gj`/ DATE 717u/ 3-.2.2 ),J 1 I Original-Clerk/Finance Copy-bepartment NAME(S) AND POSITION(S): DATE: Paul Muting, Leisure Services Director March 20, 2011 NAME OF CLASS/MEETING: DESTINATION: Davenport, IA- Iowa Park and Recreation Association 2011 Spring Conference DEPARTURE POINT IF NOT WATERLOO: DEPARTURE DATE: RETURN DATE: DATE(S) OF MEETING: 4/10/11 4/13/11 April 10-13, 2011 PURPOSE OF TRAVEL: To attend annual IPRA Conference and give invitation presentation to members for the 2012 conference to be held in Waterloo. WILL TRAVEL REQUIRE ADDITIONAL PERSONNEL: X COST$ NA YES NO METHOD OF TRAVEL: X CITY VEHICLE PRIVATE VEHICLE AIRFARE DEPARTING FROM: ESTIMATE OF COST: BUDGET LINE ITEM: 010-37-4100-1346 332.64 LODGING TAXI x GRANT REIMBURSABLE 40.00 MEALS 21 PARKING YES NO 205.00 REGISTRATION AIRFARE x REQUIRED CERTIFICATION 35.00 MILEAGE/FUEL MISC/TOLLS YES NO TOTAL FOR ALL: $ 598.64 TOTAL: $ 598.64 PER PERSON I BELIEVE THIS TRIP SERVES A PUBLIC PURPOSE I APPROVE THIS TRAVEL REQUEST AND IS NECESSARY AND BENEFICIAL TO THE CITY OF WATERLOO t ;2'r /ill ���ppp DEPARTMENT HEA / MAYOR 3—Z0-77 4/1.600 DATE DATE K:\Shared Goodies\Forms\Travel Request Form January 2010 CITY OF WATERLOO Council Communication City Council Meeting:April 4, 2011 Prepared: 3/30/11 Dept. Head Signature: SD #of Attachments: SUBJECT: APPOINTMENT AND TRANSFER OF MATTHEW SCHAFER TO EQUIPMENT OPERATOR I Submitted by: Steve Decker, Street Supt. Recommended City Council Action: Approval Summary Statement: We are requesting approval for the appointment and transfer of Matthew Schafer from Leisure Services to the position of Equipment Operator I within the Street Department, effective 4/4/11. Expenditure Required: Source of Funds: Road-Use Tax Funds Policy Issue: Alternative: Background Information: We have had an open Equipment Operator I position due to the retirement of Alfred Montgomery. Matthew Schafer has worked back and forth between the Leisure Services Department(7 months per year) and the Street Department(5 months per year) since November of 2004. He would now work permanently in the Street Department. BONDS FOR COUNCIL APPROVAL APRIL 4, 2011 RIGHT OF WAY CONSTRUCTION BOND (EXPIRES 4/30/12) AMOUNT: $5, 000. 00 IA 590535 DON SCHMITZ & SONS INC WASHBURN, IA 95 BA G306 0 IOWA FLATWORKS CEDAR FALLS, IA 55-199026 JEFFREY ASSINK DBA C & J CONSTRUCTION CEDAR FALLS, IA 69173956 MELI, LLC WATERLOO, IA 400TE9079 PETERSON CONTRACTORS, INC. REINBECK, IA W150089848 RELIABLE LAWN CARE WATERLOO, IA BD 0000433682 TOM GIBERSON DBA TOTAL MASONRY CEDAR FALLS, IA (/ IL ) CITY OF WATERLOO , IOWA CITY ATTORNEY'B OFFICE lL" yap 715 Mulberry St. • Waterloo, IA 50703 • (319) 291-4327 Fax(319)291-4671 %r►p° \p JAMES E.WALSH,JR.,City Attorney • DAVID R.ZELLHOENER,Assistant City Attorney Mayor BUCK CLARK COUNCIL April 4, 2011 MEMBERS DAVID JONES Ward 1 Mayor Buck Clark and CAROLYN City Council COLE City Hall Ward 2 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 31, 2011. Ward 4 RON Of the 7 bonds submitted, 7 were approved and 0 WELPER rejected, as shown on the attached list. Ward 5 BOB Ver truly yours, GREENWOOD JJjj At-Large STEVE SCHMITT David R. Zellhoefer At-Large Assistant City Attorney DRZ:lc CITY WEBSITE:www.cityofwaterlooiowa.com WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Vaska Tosic Waterloo Police Dept. January 26, 2011 Waterloo Mayor Clark and City Council Members I am writing you this letter to request an exemption from the current residency restriction policy,that being the ten-mile portion of the policy that I fall under. My boyfriend, Waterloo Police Department Officer Joseph A Zubak, a nine-year employee who falls under a less strict policy, owns a piece of property,which is within Black Hawk County, Iowa,but which lies 13.7 air miles from Waterloo City Hall and 10.37 air miles from the nearest city limits. Joseph and I are in a serious relationship and currently live together and he has plans in place for building a home on the property,both of which he secured prior to our relationship together. Mayor Clark and City Council Members,I am asking you,with this letter,to be permitted to live in this home with Joseph whom I plan on continuing my relationship with long into the future. Thank you for your consideration, Sincerely Vaska osi CITY OF WATERLOOej /4/ i Committee Communication City Council Meeting:March 21, 2011 Prepared:March 15, 2011 Dept.Head Signature: # of Attachments SUBJECT: Request by Mr. and Mrs. Ickev Buchanan to purchase two vacant lots commonly known as 215-217 Courtland Street for$750 per lot minus clean up costs of$1,000. Submitted by: Noel Anderson, Community Planning and Development Director Recommended Council Action: That the City Council set a date of public hearing on the sale of city owned property and publish an official notice pertinent to the requested sale. Summary Statement: As you may recall the City acquired 215-217 Courtland Street through the 657A process in 2009. The property has since been torn down and is available for sale. The remaining parcels of land are 28' x 150' or 4,200 sq. ft. Neither of the lots meets current minimum lot width requirements of 50 ft, but are considered lots of record therefore making them legal non-conforming parcels. According to Black Hawk County, the land has an assessed value of$750. The City has received a request by Mr. and Mrs. Ickey Buchanan to purchase each parcel for $750 for a total of$1,500 minus$1,000 for removal of cement garage floor left after demo of large 4-stall garage and removal of involuntary trees. It is their intention to build a 3-stall garage on the property, which is adjacent to their home at 221 Courtland Street. However, Mr. Buchanan can't commit to a 12-month timetable for the construction of the proposed garage. However, Mr. Buchanan is offering the full- assessed value of the property, which meets the Sale of City Owned Property Policy including the requested deductions for cleanup of the site. There will be a 12-month development agreement signed by the applicant to ensure the concrete slab is removed as stated in the application. Expenditure Required N/A Source of Funds N/A Policy Issue Dilapidated Housing Alternative: Leave vacant Legal Description: Lot No. 4 in "WI. Illingsworth addition." Background Information: Cc Noel Anderson, Community Planning and Development Director Aric Schroeder, City Planner Printable Map Output Page 1 of 1 Black Hawk Coun Parcel Ma. Parcel ID: :913-25-202-009 Deed Holder: CITY OF WATERLOO L ILLINGWORTHS ADDITION W 1/2 LOT 4 x L,9.nd V ieNY`ame: w.ctlam — roaawm._ iro.pWl Soda,PM1ofo. -- 1 W µ . itt l , �� Townkkii. # Y: .. 141i++ Rau•" l i sa ki ��~ Township w., +° i ) • .; 1 5 4 ,t at 1. 3 e 3 z I l*: F� • !� u ` Oi jf CO Um. ' 3- k c , .! , rallro.d_am .:y( I _�, , tiAt'Rt g r".` nn.m. • k t ,eadam �y.� i '�. Y .g ii'` 611, Watl._ y .u._.. �5 [. { a . t �FS�i'4�R 'N � tl yam. �. I' e .444 ,."..«.I y r. ` t ; lI -1:, ; 9 5. _"' 9 t ii 1 ill I ram' — 1, d 3 n x!Y . -,, ..;+ •t a 11 aA Map alertedweb Aoc*a.,0opyroafa(C):1992.2001 EMI k!c. Claaammla.mAdeft Black Hawk County,Iowa Map Disclaimer:This map does not represent a survey.No liability is assumed for the 316 East 5th Street accuracy of the data delineated herein,either expressed or implied by Black Hawk County, aterloo,Iowa 50703-4774 he Black Hawk County Assessor or their employees.This map is compiled from official Phone:(319)833-3002 records,including plats,surveys,recorded deeds,and contracts,and only contains Fax:(319)833-3070 information required for local government purposes.See the recorded documents for more E-mail:auditor•co.black-hawk.ia.us.or. detailed let al information. http://www2.co.black-hawk.ia.us/servlet/com.esri.esrimap.Esrimap?ServiceName=bhov&... 3/16/2011 Black Hawk County Detailed Parcel Report Page 1 of 2 BLACK HAWK COUNTY REAL ESTATE ASSESSMENT AND TAX INFORMATION Parcel ID Deed Holder Tax Mail to Address 8913-25-202-008 CITY OF WATERLOO CITY OF WATERLOO 715 MULBERRY ST PDF No. Map Area Contract Buyer CITY OWNED 7 EWTLO-02 WATERLOO, IA 50703-0000 Property Address Current Recorded Transfer Date Drawn Date Filed R ID ecorded Document ype /11/2010 I6/21/2010 I2010 023974 SALES BUILDING PERMIT None Date Number Amount Reason 1/27/2004 WA HA 1432 50 Misc ASSESSED VALUES/CREDITS Year Class 2011 Proposed Values Subject to Board of Review Action E 100% Land Dwelling Building M/E Total cres Value 750 0 0 0 750 0 Taxable Land Dwelling Building M/E Total Value 750 0 0 0 750 Year Class 2010 E 100% Land Dwelling Building MIE Total Acres Value 2,290 17,280 0 0 19,570 0 Taxable Land Dwelling Building MIE Total Value 2,290 17,280 0 0 19,570 Year Class 2009 R 100% Land Dwelling Building M/E Total Acres Value 2,290 17,280 0 0 19,570 0 Taxable Land Dwelling Building M/E Total Value 1,074 8,106 0 0 9,180 Year Class 2008 R 100% Land Dwelling Building M/E Total Acres Value 2,290 17,280 0 0 19,570 0 Taxable Land Dwelling Building M/E Total Value 1,044 7,878 0 0 8,922 TAX INFORMATION ASSESSMENT YEAR 2009 PAYABLE 2010/2011 Tax 941131 -WATERLOO RATH AREA TIF AMD1 District Gross Value Taxable Value Military Exemption Levy Rate Gross Tax Net Tax Corp 19,570 9,180 0 42.76081 $392.54 $392.00 Nocorp 0 0 0 0 $0.00 I I I I http://www2.co.black-hawk.ia.us/website/bhmap/bhRepDet.asp?apn=891325202008 3/16/2011 Black Hawk County Detailed Parcel Report Page 2 of 2 Homestead Disabled Veteran Property Tax Relief g Family Farm Credit Credit Credit Credit Credit Corp $0.00 $0.00 $0.00 $0.00 $0.00 Nocorp $0.00 LEGAL IW L ILLINGWORTHS ADDITION E 1/2 LOT 4 I LAND Basis Front Rear Side 7 Side 2 Lot Area cres Front 28 28 150 150 0 4200 0.096 Foot otals: 4200 0.096 http://www2.co.black-hawk.ia.us/website/bhmap/bhRepDet.asp?apn=891325202008 3/16/2011 Black Hawk County Detailed Parcel Report Page 1 of 2 BLACK HAWK COUNTY REAL ESTATE ASSESSMENT AND TAX INFORMATION Parcel ID Deed Holder Tax Mail to Address 8913-25-202-009 CITY OF WATERLOO CITY OF WATERLOO 715 MULBERRY ST PDF No. Map Area Contract Buyer CITY OWNED 7 EWTLO-02 WATERLOO, IA 50703-0000 Property Address Current Recorded Transfer Date Drawn Date Filed Recorded Document 'Type /11/2010 '6/21/2010 I2010 023974 SALES BUILDING PERMIT Date moun NUTC/Type Date Number mount Reason I 12/31/1987IA 8,000 RESIDENTIAL SALE OF TWO OR 112/3/2010 IWA 09542 IO ' MORE PARCELS-SINGLE CONSIDERATION /Contract Demo/Rmvl ASSESSED VALUES/CREDITS Year 2011 Proposed Values Subject to Board of Review Action Klass E 100% Land (Dwelling 'Building Total Acres Value 750 0 0 IM/E 0750 0 Taxable Land (Dwelling 'Building M/E Total Value 750 0 10 0 750 Year 'Class 2010 E 100% Land 'Dwelling 'OBuilding IM/E 19,790 jAcres Value 2,290 17,500 Taxable Land 'Dwelling Building OM/E otal Value 2,290 17,500 I19,790 Year 'Class 2009 R 100% Land Dwelling 'Building M/E !Total 'Acres Value 2,290 17,500 0 I0 I19,790 Taxable Land Dwelling 'Building IM/E 'Total Value 1,074 8,209 0 0 9,283 Year (Class 2008 R 100% Land Dwelling 'Building '0M/E JT19ot7a90 lU�cres Value 2,290 17,500 0 ,7 Taxable Land Dwelling 'Building IMIE JTotal Value 1,044 7,978 0 0 9,022 TAX INFORMATION ASSESSMENT YEAR 2009 PAYABLE 2010/2011 ax District 941131 -WATERLOO RATH AREA TIF AMD1 Gross Value Taxable Value (Military Exemption Levy Rate Gross Tax Net Tax Corp 19,790 9,283 0 I42.76081 $396.95 $396.00 http://www2.co.black-hawk.ia.us/website/bhmap/bhRepDet.asp?apn=891325202009 3/16/2011 Black Hawk County Detailed Parcel Report Page 2 of 2 Nocorp 0 10 10 10 I$0.00 Homestead Disabled Veteran Property Tax Relief g Family Farm Credit Credit Credit Credit Credit Corp $0.00 $0.00 $0.00 $0.00 Nocorp $0.00 $0.00 LEGAL 1W L ILLINGWORTHS ADDITION W 1/2 LOT 4 I LAND Basis Front Rear Side 1 Side 2 Lot Area cres Front 28 28 150 150 0 4200 0.096 Foot otals: 4200 0.096 http://www2.co.black-hawk.ia.us/website/bhmap/bhRepDet.asp?apn=891325202009 3/16/2011 STATE OF IOWA, Black Hawk County I do solemnly swear that the annexed copy of 1345130 NOTICE OF PUBLIC HEARING ON REZONIN notice was published in the WATERLOO/CEDAR FALLS COURIER a daily newspaper printed in WATERLOO, Black Hawk County, Iowa, for 1 issues commencing on 03/30/2011, in the issues of 03/30/2011 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 $11 . 72 s _ NOTICE OF PUBLIC HEARING ON REZONING TO WHOM IT MAY CONCERN: Notice is hereby given that on the 4th Si ned day of April,2011,at 5:30 p.m.in the g Council Chambersin the City Hall in the City of Waterloo,Iowa,a public hearing will be held by the Council of the City of Waterloo,Iowa, on the proposal to sell and convey city-owned property gener- allySubscribed and sworn to before me this to Mr.atnd Mrs.ed at �key-217 Bucha an,deurtland - scribed as follows: Lot No.4 in'W.L Illingsworth addition", day of all in the City of Waterloo,Black Hawk r>. I .®.-. -- r- 1� County,Iowa; m rn, x for$750.00 per lot for a total of$1,500.00, ,�s e C minus clean up costs of$1,000.00. o Anyone who is interested may appear at p CC.) rimiss said time andplace and be heard or may NO.761976 file written objection with the City Clerk, w I"" R1 EXPIRES City Hell,Waterloo,Iowa,before the (, f --- _ date set for said hearing. By order of the Council of the City of Wa- Notary Publi ' terloo this 21st day of March,2011. Suzy Schares,CMC City Clerk Received of the sum of Dollars in full for publication of the above invoice . Notary Seal : RESOLUTION NO. 2011-244 RESOLUTION AUTHORIZING THE SALE AND CONVEYANCE OF CITY-OWNED 657A PROPERTY GENERALLY LOCATED AT 215-217 COURTLAND STREET, AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND DELIVER DEED FOR SAME. WHEREAS, the City of Waterloo, Iowa, is the owner of real property in the City of Waterloo, Iowa, as described below, and WHEREAS, an offer to purchase said certain parcels of real property in the sum of $1, 500 . 00, plus costs, minus $1, 000 . 00 allowance for removal of cement garage floor left after demo, in conjunction with a Development Agreement with Mr. & Mrs . Ickey Buchanan prior to transferring property, and WHEREAS, a public hearing was held on April 4, 2011, at 5 : 30 p.m. in the Council Chambers in City Hall, Waterloo, Iowa, as provided by law, by the Council of the City of Waterloo, Iowa, on the proposal to sell and convey premises owned by the City of Waterloo, Iowa, to Mr. and Mrs . Ickey Buchanan in conjunction with said Development Agreement, and WHEREAS, it is the opinion of this Council that sale and conveyance should be made as proposed. NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, AS FOLLOWS: 1 . The following described real property, as fully described in the published notice in the Waterloo Courier on April 1, 2011, is not presently needed and will not be needed in the foreseeable future for municipal purposes and its ownership is serving no municipal purpose, and 2 . That the offer of Mr. and Mrs . Ickey Buchanan to purchase real property for the sum of $1, 500 . 00, and costs, minus $1, 000 . 00 allowance for removal of cement garage floor left after demo, in conjunction with said Development Agreement be and it is hereby accepted for real property described below: Lot No. 4 in "W.L. Illingsworth Addition", all in the City of Waterloo, Black Hawk County, Iowa; for $1, 500 . 00, plus costs, minus $1, 000 . 00 allowance for removal of cement garage floor left after demo. 3 . That the City of Waterloo, Iowa, convey said parcels of real property to Mr. and Mrs . Ickey Buchanan by deed. 4 . That the Mayor and City Clerk are hereby authorized to execute and deliver deed to Mr. and Mrs. Ickey Buchanan. 5 . That the original of said deed fully executed and acknowledged is hereby approved and confirmed by the Council. 6. That the City Clerk is authorized and directed to deliver said deed of conveyance to Mr. and Mrs. Ickey Buchanan upon receipt of the sum of $1, 500 . 00, and costs, minus $1, 000. 00 allowance for removal of cement garage floor left after demo, plus signed Development Agreement . Resolution No. 2011-244 Page 2 PASSED AND ADOPTED this 4th day of April, 2011 . Ernest G. Clark, Mayor ATTEST: Suzy Sc a CMC City Clerk CITY OF WATERLOO 4/ Council Communication �1 1./ City Council Meeting: March 14, 2011 J 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 NOTICE OF PUBLIC HEARING On Proposed Plans, Specifications, Form of Contract, And Estimate of Cost and the NOTICE TO BIDDERS For the Taking of Construction Bids For the F.Y. 2011 STREET RECONSTRUCTION PROGRAM In the City of Waterloo, Iowa CONTRACT NO. 798 RECEIVING OF BIDS Sealed proposals will be received by the City Clerk of the City of Waterloo, Iowa, at her office in the City Hall of the said City on the 4th day of April, 2011, until 4:00 p.m. for the construction of the F.Y. 2011 STREET RECONSTRUCTION PROGRAM, Contract No. 798, as described in detail in the plans and specifications now on file in the Office of the City Clerk. OPENING OF BIDS All proposals received will be opened in open Council meeting to be held in the Council Chambers in the City Hall in the City of Waterloo, Iowa, on the 4th day of April, 2011 at 5:30 p.m., and the proposals will be acted upon at such later time and place as may then be fixed. PUBLIC HEARING Notice is hereby given that the Council of said City will conduct a public hearing on the proposed plans, specifications, form of contract, and estimate of cost for the construction of the above-described improvement project at 5:30 p.m. on April 4, 2011 said hearing to be held in the Council Chambers in the City Hall in said City. The proposed plans, specifications, form of contract, and• estimate of cost for said improvements heretofore prepared by the City Engineer of the City of Waterloo are now on file in the office of the City Clerk for public examination, and any person interested therein may file written objection thereto with the City Clerk before the date set for said hearing, or appear and make objection thereto with the City Clerk before the date set for said hearing, or appear and make objection thereto at the meeting above set forth. SCOPE OF WORK The extent of the work involved is the construction of street improvements in, along and upon portions of certain streets, avenues, roads, and alleys, and such other work as may be incidental thereto along and upon the following streets, avenues, roads and alleys. Street improvements consisting of: DIVISION I: Alternate A: • 5 1/2, 7, or 8 1/2, -inch thick HMA 3M Intermediate and Base, 3/", 60% CR or 75% CR with a 2-inch thick HMA 3M Surface, %", 60% CR or 75% CR between new 24-inch curb and gutter sections; OR Alternate B: • 6,7, or 8-inch non-reinforced PCC paving with integral curb and gutter Subgrade drain tile, granular subbase, new storm sewer and appurtenances and other such work as may be incidental thereto. All street improvements consist of the reconstruction of an existing paved street, which is to be replaced with a proposed street. The list of streets, which are proposed for improvements, is as follows: STREET FROM TO BLOCKS Sager Ave. S. Hackett Rd. Westland Ave. 2000 - 2200 Scott Ave. Downing Ave. Pavement Ends 1300 - 1400 University Ave. Frt. Littlefield Rd. Sheerer Ave. 3100 - 3200 W. of La Porte Ridgeway Ave., E. Oregon St. Rd. 1600 - 1900 Dawson St. Broadway St. Fairview Ave. 500 4thSt., E. Louise St. Donald St. 2700 - 2800 Colorado St. Lafayette St. Dearborn Ave. 500 11th St., W. Forest Ave. Mitchell Ave. 1000 - 1400 11th St., W. South St. Forest Ave. 600 - 900 DIVISION II: Reconstruction of water main on Sager Avenue, University Avenue Frontage Road @ Sheerer Avenue and E. Ridgeway Avenue. BEGINNING AND COMPLETION DATES The work under the proposed contract shall be commenced within ten (10) working days after receipt of "Notice to Proceed" and all items shall be completed on or before November 18, 2011. METHOD OF PAYMENT TO CONTRACTOR The Contractor will be paid against bi-monthly estimates in cash on the basis of ninety- five percent (95%) of the work as it is completed and materials delivered and work approved. Final payment will be made thirty-one (31) days after completion of the work and acceptance by the Council. Before final payment is made, vouchers showing that all subcontractors and workmen and all persons furnishing materials have been fully paid for such materials and labor will be required unless the City is satisfied that material, men and laborers have been paid. The Contractor is hereby notified that if the City does not have cash on hand to pay monthly pay estimates, according to Chapter 384.57 of the Code of Iowa, payment may be made by anticipatory warrants issued bearing a rate of interest not exceeding that permitted by Chapter 74A, Code of Iowa. PLANS AND SPECIFICATIONS Plans and Specifications governing the construction of the proposed improvements have been prepared by the City Engineer, which plans and specifications and also the prior proceedings of the City Council referring to and defining said proposed improvements are hereby made a part of this notice, and the proposed contract by reference shall be executed in compliance therewith. Plans and Specifications are available from the City Engineer upon the City's receipt of a $25.00 refundable deposit. Deposits will be refunded if the plans are returned in usable condition (i.e. free of highlights, ink markings, tears, stickers, water stains and soiling) to the Engineer's Office by the end of the 14th consecutive day after the project has been awarded. No deposits will be refunded for any plans received after the 14th consecutive day, which includes plans returned via mail service. Plan holders are responsible for ascertaining when the project has been awarded. This deposit policy shall also apply to the prime contractor awarded the project for all plans and specifications obtained and distributed by the prime contractor to their subcontractors and suppliers in determining the prime contractor's bid, if the prime contractor wishes for their deposit to be returned. Upon award of project, the prime contractor shall be supplied with the needed number of plans and specifications at no additional cost. CONTRACT AWARD A contract will be awarded for each division of the contract to the qualified bidder submitting the lowest bid. The City reserves the right to reject any or all bids, re-advertise for new bids, and to waive informalities in the bids submitted that might be in the best interest of the City. Bids may be held by the City of Waterloo, Iowa, for a period not to exceed thirty (30) days from the day of the opening of bids for the purpose of reviewing the bids and investigating the qualifications of bidders, prior to awarding the contract. By virtue of statutory authority, a preference will be given to products and provisions grown and coal produced with the State of Iowa and preference will be given to local domestic labor in the construction of the improvement. PROPOSALS SUBMITTED The bidder shall submit bids on the items listed in the proposal. The bidder shall clearly write or type the unit bid price and the bid item extension (Unit Price x Estimated Qty) in numerals on the blanks provided. Should there be any discrepancy between the unit bid price and extension, the City of Waterloo shall consider the unit bid price as being the valid unit bid price. The bidder has the option to submit a computer-generated spreadsheet in lieu of the portion of the Form of Bid or Proposal, which includes the Bid Item Number, Description, Unit, Estimated Quantity, Unit Bid Price, Total Bid Price and Total Bid. The computer-generated spreadsheet shall include all of the information listed in that portion of the Form of Bid or Proposal as well as bear the signature of the Prime Contractor submitting the bid. For the bidders who submit a computer-generated spreadsheet, the TOTAL BID (with alternates, if applicable) shall also be indicated in the space(s) provided on the Form of Bid or Proposal. BID SECURITY REQUIRED All bids must be accompanied in a separate envelope by a certified or cashier's check drawn on an Iowa bank, or a bank chartered under the laws of the United States, a certified share draft drawn on a credit union in Iowa or chartered under the laws of the United States, or bid bond, (on the form furnished by the City) payable to the City of Waterloo, Iowa, in the sum of not less than five percent (5%) of the bid submitted, which certified check, certified share draft or bid bond will be held as security that the Bidder will enter into a Contract for the construction of the work and will furnish the required bonds, and in case the successful Bidder shall fail or refuse to enter into the Contract and furnish the required bonds, his bid security may be retained by said City as agreed upon liquidated damages. If bid bond is used, it must be signed by both the Bidder and the surety or surety's agent. Signature of surety's agent must be supported by accompanying Power of Attorney. PERFORMANCE & PAYMENT BONDS The successful bidder will be required to furnish a "Performance Bond" and a "Payment Bond" within ten (10) days after forms are presented to him in an amount equal to one hundred percent (100%) of the contract price, said bond to be issued by a responsible surety approved by the City Council and shall guarantee the faithful performance of the contract and the terms and conditions therein contained, and shall guarantee the prompt payment of all materials and labor and protect and save harmless the City from claims of any kind caused by the operations of the contractor. MAINTENANCE BOND Before the Contractor shall be entitled to receive final payment for work done under this contract, it shall execute and file a bond in the penal sum of not less than 100% of the total amount of the contract, same to be known as "Maintenance Bond," and which bond must be approved by the City Council, and which bond is in addition to the bond given by the Contractor to guarantee the completion of the work. CONTRACT COMPLIANCE PROGRAM / SUBCONTRACTING The program proposes numerical projections regarding utilization of Minority Business Enterprise (MBE) and Women Business Enterprise (WBE) as Subcontractors, vendors and suppliers in the performance of Contracts awarded by the City of Waterloo, Iowa. A goal of at least ten percent (10%) for MBE participation on all City funded construction projects that are estimated at $50,000.00 or more. A goal of at least two percent (2%) for WBE participation on all City funded construction projects that are estimated at $50,000.00 or more. Any project funded in part or in total with federal funds shall follow the respective agencies contract compliance program and goals. The Prime Contractor shall make "good-faith efforts" to meet the Contract Compliance MBE/WBE goals. The MBE/WBE subcontractors, suppliers or vendors must provide the Prime Contractor a reasonably competitive price for the service being rendered or the Contractor is not required to accept their bid. LIQUIDATED DAMAGES Time is an essential element of this contract. It is important that the work be diligently pursued to completion. If the work is not completed within the specified contract period, plus authorized extensions, the contractor shall pay to the City Liquidated Damages in the amount of five hundred dollars ($500.00) per day, for each day, as further described herein, in excess of the authorized time. Days beyond the specified completion date for which Liquidated Damages will be charged will be working days that the contractor does, or could have worked, from Monday through Saturday. Sundays will be counted only if work is performed. Partial working days will be considered as a full working day. Days not chargeable for Liquidated Damages will include rain days, Sunday if no work is done, and legal holidays. Working days will cease to be charged when only punch list items remain to be completed. Punch list items do not include contract bid items or approved change/extra work orders. When the Contractor believes the project to be substantially completed, a written notice stating the same shall be submitted to the Engineer and a request made for a Punch List. If the work under the Contract extends beyond the normal construction season for such work the Contractor shall submit to the Engineer in writing a request that working days counted toward the project be suspended until work is resumed the following construction season. This amount is not construed as a penalty. These damages are for the cost to the City of providing the required additional inspection, engineering and contract administration. PRE-CONSTRUCTION CONFERENCE Before the work is commenced on this contract, a conference shall be held for the purpose of discussing the contract. The conference shall be attended by the prime contractor, subcontractors and City Officials. RECIPROCAL RESIDENT BIDDER PREFERENCE Attention of bidders is called to the requirement of complying with the provisions of the Reciprocal Resident Bidder Preference requirement. Each bidder submitting a bid shall execute and include with the bid, a Resident Bidder Certification in the form herein provided, to the effect that he will not have as employees, Illinois laborers on the work site. SALES TAX EXEMPTION CERTIFICATES Contractors and approved subcontractors will be provided a Sales Tax Exemption Certification to purchase building materials or supplies in the performance of construction contracts let by the City of Waterloo. Published pursuant to the 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 14th day of March, 2011. CITY OF WATERLOO, IOWA BY: Suzy Schares City Clerk STATE OF IOWA, Black Hawk County I do solemnly swear that the annexed copy of 1344391 CONTRACT 798 notice was published in the WATERLOO/CEDAR FALLS COURIER - , a daily newspaper printed in WATERLOO, Black Hawk County, Iowa, for 1 issues commencing on 03/23/2011, in the issues of 03/23/2011 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 $165 . 35 JEFFREY S.JONES:TRACY A.JONES: \ve." 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NI H H -' -• o e. 0 0 + y rt rr 0 0 — - CA CD 0CD • ° H el P . � °4 D • Pz CDcn CD 0 ecp 0 CGCd �' tdo--( a- a: 1-1 iiiigg ao eD > O• + + '-` co co 'Pi = s� °- a > b� td = . 1. + 0H 0 C u o 0.: a ft e N �- • C t]., w p ... — O w 0 � 0-. 0CDwYYt� � C 1--A w cn 0 .0 to > • CD 0 ? CZ Id N CO �: fl. ICJ• C7 r o '.' 71 N eD y �1 d 0 0 N � 00 G ~ C — V CD • 0" VI0 3 sII II op p4 :v o �. . w ,tn o - vwto ti,o 0 + + 0 C.) J N > 'a d 1--' to 00 tit d � ,-•• 40 01 ---' .C.,. CD to ... L....) tJ, 00 0 + + O 0o d > pi d 00 R. . cD w -. 41, 0 cp 0 N 1~-' t0 fl• RESOLUTION NO. 2011-245 RESOLUTION CONFIRMING APPROVAL OF 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 the F.Y. 2011 Street Reconstruction Program, Contract No. 798, in the City of Waterloo, Iowa, and WHEREAS, said City Engineer did file said preliminary plans, specifications, form of contract, estimate of cost, etc. in conjunction with F.Y. 2011 Street Reconstruction Program, Contract No. 798, which were preliminarily approved by Resolution No. 2011-196 on March 14, 2011, and WHEREAS, a public hearing, upon notice, was held on April 4, 2011. 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 with the F.Y. 2011 Street Reconstruction Program, Contract No. 798, in the City of Waterloo, Iowa, be, and the same are hereby, approved as filed. PASSED AND ADOPTED this 4th day of April, 2011 . ef,f,41 f'S Ernest G. Clark, Mayor ATTEST: Cr7:;a„,_ uzy S h res, CMC City Clerk RESOLUTION NO. 2011-246 RESOLUTION ORDERING CONSTRUCTION IN CONJUNCTION WITH THE F.Y. 2011 STREET RECONSTRUCTION PROGRAM, CONTRACT NO. 798 . WHEREAS, by Resolution No. 2011-245, plans, specifications, form of contract, etc. , in conjunction with the F. Y. 2011 Street Reconstruction Program, Contract No. 798, in the City of Waterloo, Iowa, have been approved and adopted by this Council after the public hearing on April 4, 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 plans and specifications. PASSED AND ADOPTED this 4th day of April, 2011 . Ernest G. Clark, Mayor ATTEST: :47 Suzy Sihlres, CMC City Clerk CITY OF WATERLOO , IOWA 7111W CITY CLERK AND FINANCE DEPARTMENT 715 Mulberry Street • Waterloo,IA 50703 • (319)291-4323 Fax(319)291-4571 0 \O� SUZY SCHARES • City Clerk MICHELLE WEIDNER,CPA • Chief Financial Officer Mayor BUCK CLARK Council Communication City Council Meeting: April 4, 2011 COUNCIL Prepared: March 29, 2011 MEMBERS Dept. Head Signature: Hotel/Motel Discretionary Funding Committee Number of Attachments: Applications available in CFO's office for review DAVID SUBJECT: Hotel/Motel DiscretionaryGrant Applications JONES pp Ward 1 Submitted by: Michelle Weidner, CFO I, CAROLYN wOIF Recommended Action: Approve the award of hotel/motel discretionary funding to the following entities in the amounts reflected below. The current HAROLD available balance for this fiscal year is $40,512.52. GETTY Ward3 Summary Statement— Committee Funding Recommendations: FYE2011 Funds: QUENTIN M. 1. Waterloo Community Playhouse wa HAR 2. United Sisters of Black Hawk Countyd $2,000.00 North End Arts & Music Fest 5,000.00 RON 3. Kiwanis Club —Air Show 10,000.00 WEEPER 4. Waterloo Homecoming Association 6,000.00 Wards Total $23,000.00 BOB GREENWOOD At-Large Expenditure Required: $23,000.00 STEVE Source of Funds: Hotel/Motel Discretionary Fund SCHMITT At-Large Policy Issue: N/A Alternative: N/A Background Information: N/A CITY WEBSITE: www.cityofwaterlooiowa.com WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer RESOLUTION NO. 2011-247 RESOLUTION APPROVING ALLOCATION OF DISCRETIONARY HOTEL/MOTEL TAX FUNDS. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the following allocation of Discretionary Hotel/Motel Tax Funds, be and the same is hereby approved: Waterloo Community Playhouse $ 2, 000 . 00 United Sisters of Black Hawk County $ 5, 000 . 00 North End Arts & Music Fest Kiwanis Club - Air Show $10, 000 . 00 Waterloo Homecoming Association $ 6, 000 . 00 Total Expenditure $23, 000 . 00 PASSED AND ADOPTED this 4th day of April, 2011 . Ernest G. Clark, Mayor ATTEST: Suzy Sthtres, CMC City Clerk ��'�%;�' CITY OF WATERLOO , IOWA �y�t - - CITY CLERK AND FINANCE DEPARTMENT T m 715 Mulberry Street • Waterloo,IA 50703 • (319)291-4323 Fax(319)291-4571 dterlp0 \p� SUZY SCHARES • City Clerk MICHELLE WEIDNER,CPA • Chief Financial Officer Mayor BUCK CLARK COUNCIL MEMBERS Council Communication City Council Meeting: April 4, 2011 Prepared: March 29, 2011 DAVID Dept. Head Signature: Hotel/Motel Discretionary Funding Committee o aEs Number of Attachments: Applications available in CFO's office for review CAROLYN SUBJECT: Hotel/Motel Discretionary Grant Applications COLE Ward Submitted by: Michelle Weidner, CFO.: HAROLD Recommended Action: Approve the award of FYE2012 hotel/motel GETTY discretionary funding to the Waterloo Municipal Band in the amount of $22,431. Ward 3 Expenditure Required: $22,431.00 QUENTIN M. HART Source of Funds: Hotel/Motel Discretionary Fund Ward 4 Policy Issue: N/A RON Alternative: N/A WELPER Wards Background Information: N/A BOB GREENWOOD At-Large STEVE SCHMITT At-Large CITY WEBSITE:www.cityofwaterlooiowa.com WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer RESOLUTION NO. 2011-248 RESOLUTION APPROVING ALLOCATION OF DISCRETIONARY HOTEL/MOTEL TAX FUNDS. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the following allocation of Discretionary Hotel/Motel Tax Funds, be and the same is hereby approved: Waterloo Municipal Band $22, 431 . 00 Total Expenditure $22, 431 . 00 PASSED AND ADOPTED this 4th day of April, 2011 . Ze--chet-4L—ci Ernest G. Clark, Mayor ATTEST: zy c ares, CMC City Clerk l%I ���� CITY OF WATERLOO , IOWA .,101%--14_ m COMMUNITY PLANNING AND DEVELOPMENT ear 0� 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319)291-4366 Fax(319)291-4262 Qr/00 � NOEL C.ANDERSON,CommunityPlanning&Development Director Council Communication Mayor City Council Meeting: 4/4/11 BUCK Prepared: 3/29/11 CLARK Dept. Head Signature: # of Attachments: 3 COUNCIL MEMBERS SUBJECT: Review and Approval of the design and installation of sign faces to DAVID the 5 Sullivan Brothers Convention Center pylon sign. JONES Ward I Submitted by: Aric Schroeder, City Planner CAROLYN Recommended City Council Action: Approval of the design and installation of the COLE sign faces. Ward 2 HAROLD Summary Statement: Main Street Waterloo has secured a gaming grant for various GETTY improvements to the Downtown, including funds to replace the sign faces in the 5 Ward 3 Sullivan Brothers Convention Center pylon sign. The proposed sign faces with fit QUENTIN with the existing design of the sign and building and coordinates with the other on- HART site signage, while paying tribute to the Sullivan brothers with their images. Ward 4 Expenditure Required: $5,250 RON WELPER Source of Funds: Gaming grant secured by Main Street Waterloo. Ward 5 Policy Issue: i BOB GREENWOOD Alternative: At-Large SIEVE Background Information: Main Street Waterloo is continuing to work to improve SCHMITT the downtown and make it an attractive place to live, work and visit. Main Street At-Large Waterloo applied for and was granted a gaming grant to assist with improving the downtown, including the painting of street light poles, traffic light poles, sign poles, parking meter poles, etc. so that there is a uniform appearance throughout the downtown. The project also includes putting new panel faces in the pylon sign at the 5 Sullivan Brothers Convention Center, to give it a more updated and consistent look, while paying tribute to the Sullivan brothers for which the facility is named. Legal Description: Block 7 of the Original Plat of Waterloo West as originally platted, all in the City of Waterloo, Black Hawk County, Iowa. co Noel Anderson,Community Planning&Development Director Path: K:\USERS\AR[GS\City of Waterloo\council letters\Building and Grounds\03-29.11 Building and Grounds Communication 5 Sullivan Sign.doc CITY WEBSITE: wwwci.waterloo.ia.us WE'RE WORKING FOR YOU! 111 An Equal Opportunity/Affirmative Action Employer Page l of l ARIC SCHROEDER From: Mason Fromm [Mason@theSignPeople.net] Sent: Wednesday, March 23, 2011 2:06 PM To: ARIC SCHROEDER Cc: Jeff Kurtz; NOEL ANDERSON; ddeedsuni@hotmail.corn; MAYOR CLARK; dlaw@ramadawaterloo.corn Subject: 5 Sullivan Brothers Convention Center new sign faces Good afternoon,gentlemen. I have attached a letter requesting design review and approval for the new faces at the 5 Sullivan Brothers Convention Center. This very prominent downtown sign has unfortunately needed a design facelift since it was installed. Working with Main Street Waterloo, we have developed a fitting design that not only coordinates with the other on-site signage, but pays tribute to the Sullivan brothers with their images. A gaming grant has been secured to cover the expense of this project, so we are simply requesting your approval of the design, since the sign structure is technically owned by the city. We'd also request a timely response, as we'd like the project completed before the major downtown event schedule gets underway. If you have any questions, please email or call me at your convenience. FROMM ".�IG�' s DESIGNS" ; x- 5600 Nordic Drive Cedar Falls, IA 50613 T 319 277.8829 T 800.326.8929 f 319.268.2298 3/25/2011 5600 C DRIVE SIGNS t DESIGNS CEDAR FALLS,O OW 50613 PHONE:319-277-8829 FAX:319-268-2298 March 23, 2011 Aric Schroeder, City Planner City of Waterloo 715 Mulberry St. Waterloo, Iowa 50703 Aric, Please review the enclosed design proposal for updating the translucent sign faces in the 5 Sullivan Brothers Convention Center pylon sign. Your review and recommendation to city council to approve this design is being sought as this sign is considered city property. Waterloo city code does not require a permit or design review for simply changing faces, however, we have received approval for this design from the Main Street Waterloo Design Council. There is no cost to the city for this much-needed upgrade as gaming funds have been secured by Main Street Waterloo. Please contact me if you have any questions. I look forward to receiving design approval, so we can move forward and complete this project before summer visitors come downtown. Sincerely, Mason Fromm Signs & Designs, Inc. oinkr".19 , lg. *H......10 r.......‹, , ... 11/414‘. , v 41,4. of ra..14:9 = ,.. rn ) T { X Na) rc-- 147 , ...... 1111 .21,....... ) z 1. CS r\3 ar-...." ' -..• rApti<4 . rk--- li t•,‘,3 .......... 1 4 , 1,14 7 0 0 Cn , , 0 Z C n < im: Fs M, m Co lir! — o z < _ , so z . 0 -n N.) or, w • , . llgral ,-- -_,‘.' i - „.. •_.• = , - I-- C) 0 --, 4_ c . MI mil ,— Av 110; —40, -71 ts4 MIMI rn co Ill xi _ _ , r X1 Cn N) Sit'to , oi O > RESOLUTION NO. 2011-249 RESOLUTION APPROVING THE DESIGN AND INSTALLATION OF THE SIGN FACES TO THE 5 SULLIVAN BROTHERS CONVENTION CENTER PYLON SIGN. WHEREAS, Main Street Waterloo has secured a gaming grant for various improvements to the downtown, including funds to replace the sign faces in the 5 Sullivan Brothers Convention Center pylon sign, and WHEREAS, proposed sign faces will fit with the existing design of the sign and building, and coordinates with the other on-site signage, while paying tribute to the Sullivan brothers with their images . NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that said proposed design and installation of the sign faces to the 5 Sullivan Brothers Convention Center pylon sign be, and the same are hereby, approved. PASSED AND ADOPTED this 4th day of April, 2011 . Ernest G. Clark, Mayor ATTEST: Suzy ares, CMC City Clerk 1 1 1 CITY OF WATERLOO re- Council Communication City Council Meeting: 4/4/11 Prepared: 3/30/11 Dept. Head Signature: # of Attachments: 1 SUBJECT: Award of 2011 Right-Of Mowing Contract-B&B Lawn Care Inc. and Approval of Bonds Etc. Submitted by: JB Bolger- Golf& Downtown Area Maintenance Manager Recommended City Council Action: Approve Contract with B&B Lawn Care Inc. Summary Statement Main areas of this contract will include the following corridors: • San Marnan Dr. • US 218 • Green Hill Rd. • Martin Luther King Jr. Dr. • Broadway St. • Dubuque Rd. • Virden Creek Expenditure Required Option A: Twenty Eight and 45/100 dollars per acre ($28.45) Option B: Twenty Eight and 45/100 dollars per acre ($28.45) Option C: Twenty and 00/100 dollars per acre ($20.00) Option D: Twenty Six and 50/100 dollars per hour ($26.50) Option E: Forty Five and 00/100 dollars per acre (45.00) Option F: Six Hundred and 00/100 dollars per acre (600.00) 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. RESOLUTION NO. 2011-250 RESOLUTION APPROVING RECOMMENDATION OF AWARD OF CONTRACT TO B & B LAWN CARE, INC. , OF WATERLOO, IOWA, IN CONJUNCTION WITH THE F. Y. 2011 RIGHT-OF-WAY MOWING. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA: That the contract to B & B Lawn Care, Inc. , of Waterloo, Iowa, in the following amounts: Option A - $28 . 45 per acre; Option B - $28 . 45 per acre; Option C - $20 . 00 per acre; Option D - $26. 50 per hour; Option E - $45 . 00 per acre; and Option F - $600 . 00 per acre, in conjunction with the F.Y. 2011 Right-of-Way Mowing described in the specifications heretofore adopted by this Council for said project with Resolution No. 2011-224, after public hearing on March 28, 2011 on published notice required by law, be and is hereby awarded. PASSED AND ADOPTED this 4th day of April, 2011 . Ernest G. Clark, Mayor ATTEST : • Suzy Sc res, CMC City Clerk RESOLUTION NO. 2011-251 RESOLUTION APPROVING CONTRACT, BONDS, AND CERTIFICATES OF INSURANCE WITH B & B LAWN CARE, INC. , OF WATERLOO, IOWA, IN CONJUNCTION WITH THE F. Y. 2011 RIGHT-OF-WAY MOWING, AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID DOCUMENTS. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA: That the Contract, Bonds, and Certificates of Insurance with B & B Lawn Care, Inc. , of Waterloo, Iowa, in the following amounts : Option A - $28 . 45 per acre; Option B - $28 . 45 per acre; Option C - $20 . 00per acre; Option D - $26. 50 Option P p per hour; 0 E - $45. 00 per acre; and Option F - $600 . 00 per acre, in conjunction with the F.Y. 2011 Right-of-Way Mowing, described in the specifications heretofore adopted by this Council for said project with Resolution No. 2011-224, after public hearing on March 28, 2011 on published notice required by law, be and are hereby approved, and the Mayor and City Clerk are hereby authorized to execute said documents . PASSED AND ADOPTED this 4th day of April, 2011 . Ernest G. Clark, Mayor ATTEST: uzy Sc ares, CMC City Clerk CITY OF WA I'ERLOO Council Communication City Council Meeting:April 4, 2011 Prepared: March 29, 2011 Dept. Head Signature: Eric Thorson, PE., City Engineer # of Attachments: SUBJECT: F.Y. 2011 RIVER RENAISSANCE UPPER PLAZA CON TRACT, BONDS AND CERTIFICATES OF INSURANCE PETERS CONSTRUCTION CORPORATION Contract No. 808 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. 2011 RIVER RENAISSANCE UPPER PLAZA, Contract No. 808. 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 RIVER RENAISSANCE UPPER PLAZA, Contract No. 808, for approval and signatures of City officials. The contract is with PETERS CONSTRUCTION CORPORATION, of Waterloo, Iowa, in the amount of$1,514,212.00. Expenditure Required $1,514,212.00 Source of Funds Vision Iowa Funding Policy Issue N/A Alternative N/A Background Information: N/A Cc: Louis Starks, Contracts & Grants Coordinator RESOLUTION NO. 2011-252 RESOLUTION APPROVING CONTRACT, BONDS, AND CERTIFICATES OF INSURANCE WITH 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, AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID DOCUMENTS. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA: That the Contract, Bonds, and Certificates of Insurance with 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. 2011-149, after public hearing on March 7, 2011 on published notice required by law, be and are hereby approved, and the Mayor and City Clerk are hereby authorized to execute said documents. PASSED AND ADOPTED this 4th day of April, 2011 . Ernest G. Clark, Mayor ATTEST: JBI,�cAr k.ra Suzy Scha es, CMC City Cler 1Y CITY OF WATERLOO Council Communication City Council Meeting:April 4, 2011 Prepared: March 29, 2011 Dept. Head Signature: Eric Thorson, PE., City Engineer # of Attachments: 1 SUBJECT: F.Y. 2011 SIDEWALK REPAIR PROGRAM - ZONE 1 AND TRAIL REPAIRS AWARDING OF CONTRACT MIKE DOLAN CONCRETE&MASONRY, INC. Contract No. 804 Submitted by: W. Wayne Castle, PLS, El,Associate Engineer Recommended City Council Action: After review of the bids, it is being recommended that the award of the contract be made to MIKE DOLAN CONCRETE&MASONRY, INC., of Waterloo, Iowa, in the amount of $93,396.54. Summary Statement At the City Council meeting on March 28, 2011, bids were opened for the F.Y. 2011 SIDEWALK REPAIR PROGRAM- ZONE 1 AND TRAIL REPAIRS, Contract No. 804, with MIKE DOLAN CONCRETE&MASONRY, INC., 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 $93,396.54 Source of Funds G.O. Bonds Policy Issue N/A Alternative None Background Information: Cc: Louis Starks, Contracts & Grants Coordinator CITY OF WATERLOO , IOWA ;41,141`'�• 1 COMMUNITY DEVELOPMENT 620 Mulberry Street,Carnegie Annex • Waterloo,IA 50703 • (319)291-4429 Fax(319)291-4431 rE'r100 \O —... ..� Mawr BUCK CLARK MEMORANDUM MEETO: Mayor Clark and City Council MB FROM: Louis Starks, Contracts and Grants Coordinator SUBJECT: F.Y. 2011 Sidewalk Repair Program-Zone 1 and Trail Repairs City Contract No. 804 DAVID DATE: April 1, 2011 JONES Ward I CAROLYN The two bids for this project and their W/MBE participation levels are as follows: COLE IVard2 PRIME CONTRACTOR TOTAL BID M/WE Amounts HAROLD GWE�Y Mike Dolan Concrete $93,396.53 10% ($9,000) QUENTIN M. B &B Builders $114,593.33 0.00 HART Ward 4 B &B desires to self-perform all functions. This is not inherently prohibited under any RON "good faith" standard. Good Faith depends upon the facts and circumstances. However, WELPER this case is clear,Mike Donlon Concrete is both low bidder and met the 10% MBE Ward 5 percentage of participation. There is no commercially practicable WBE firm for the BOB items in this contract that Staff is aware of. GREENWOOD At-Large I find that"Good Faith"has been meet and recommend award to Mike Dolan Concrete. STEVE Cc: Noel Anderson,C P&D Director SCHMIIT Rudy D.Jones,Community Development Director At-Large Michelle Weidner,Chief Financial Officer Suzy Schares,City Clerk J:\LOUIS-S\Contract Compliance\Compliance Reviews\Compliance review No.804.doc CITY WEBSITE:www.cityofwatertooiowa.com EOM uO,S,IO WE'RE WORKING FOR YOU! OPPORTUNITY An Equal Opportunity/Affirmative Action Employer RESOLUTION NO. 2011-253 RESOLUTION APPROVING RECOMMENDATION OF AWARD OF CONTRACT TO MIKE DOLAN CONCRETE & MASONRY, INC. OF WATERLOO, IOWA, IN CONJUNCTION WITH THE F.Y. 2011 SIDEWALK REPAIR PROGRAM - ZONE 1 AND TRAIL REPAIRS, CONTRACT NO. 804, IN THE AMOUNT OF $93, 396. 54 . BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA: That the contract to Mike Dolan Concrete & Masonry, Inc. of Waterloo, Iowa, in the amount of $93, 396. 54, in conjunction with the F.Y. 2011 Sidewalk Repair Program - Zone 1 and Trail Repairs, Contract No. 804, described in the plans and specifications heretofore adopted by this Council for said project with Resolution No. 2011-222, after public hearing on March 28, 2011 on published notice required by law, be and is hereby awarded. PASSED AND ADOPTED this 4th day of April, 2011 . rnest G. Clark, Mayor ATTEST: Suzy Scha es, CMC City Cler it 6 CITY OF WATERLOO Council Communication City Council Meeting:April 4, 2011 Prepared: March 29, 2011 Dept. Head Signature: Eric Thorson, PE., City Engineer # of Attachments: SUBJECT: F.Y. 2011 SIDEWALK REPAIR PROGRAM - ZONE 1 AND TRAIL REPAIRS CON TRACT, BONDS AND CERTIFICATES OF INSURANCE MIKE DOLAN CONCRETE&MASONRY, INC. Contract No. 804 Submitted by: W. Wayne Castle, PLS, EI, Associate Engineer Recommended City Council Action: Approval and signatures of Contracts, Bonds; Certificate of Insurance for the F.Y. 2011 SIDEWALK REPAIR PROGRAM - ZONE 1 AND TRAIL REPAIRS, Contract No. 804. 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 SIDEWALK REPAIR PROGRAM - ZONE 1 AND TRAIL REPAIRS, Contract No. 804, for approval and signatures of City officials. The contract is with MIKE DOLAN CONCRETE &MASONRY, INC., of Waterloo, Iowa in the amount of$93,396.54. Expenditure Required $93,396.54 Source of Funds G.O. Bonds Policy Issue N/A Alternative None Background Information: Cc: Louis Starks, Contracts & Grants Coordinator RESOLUTION NO. 2011-254 RESOLUTION APPROVING CONTRACT, BONDS, AND CERTIFICATES OF INSURANCE WITH MIKE DOLAN CONCRETE & MASONRY, INC. OF WATERLOO, IOWA, IN CONJUNCTION WITH THE F.Y. 2011 SIDEWALK REPAIR PROGRAM - ZONE 1 AND TRAIL REPAIRS, CONTRACT NO. 804, IN THE AMOUNT OF $93, 396. 54, AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID DOCUMENTS . BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA: That the Contract, Bonds, and Certificates of Insurance with Mike Dolan Concrete & Masonry, Inc. of Waterloo, Iowa, in the amount of $93, 396. 54, in conjunction with the F.Y. 2011 Sidewalk Repair Program - Zone 1 and Trail Repairs, Contract No. 804, described in the plans and specifications heretofore adopted by this Council for said project with Resolution No. 2011-222, after public hearing on March 28, 2011 on published notice required by law, be and are hereby approved, and the Mayor and City Clerk are hereby authorized to execute said documents . PASSED AND ADOPTED this 4th day of April, 2011. d4e- Ernest G. Clark, Mayor ATTEST: uzy Schaes, CMC City Cler r " AIL CITY OF WATERLOO , IOWA COMMUNITY PLANNING AND DEVELOPMENT .... 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319)291-4366 Fax(319)291-4262 Gieri'00 NOEL C.ANDERSON,Community Planning&Development Director Council Communication Mayor City Council Meeting:March 30, 2011 BUCK Prepared:April 4, 2011 CLARK Dept.Head Signature: # of Attachments: l 0 COUNCIL MEMBERS SUBJECT: Request for the final plat of Anderson's Ninth Addition generally located DAVID south of Tower Park Drive,between Kimball Avenue and Mirage Ridge, for the development JONES of a 6 lot commercial subdivision. Ward I Submitted by: Aric Schroeder, City Planner CAROLYN COLE Recommended City Council Action: Approval of the final plat of Anderson's Ninth Ward 2 Addition. HAROLD GETTY Summary Statement: The final plat consists of 6 lots, containing approximately Ward 3 5.54 acres of land,which is located south of Tower Park Drive, between Kimball QUENTIN Avenue and Mirage Ridge.The lots vary in size measuring 0.45 acres to 1.75 acres. HART The Planning, Programming and ZoningCommission voted 8-0 to Ward 4 g g approve the final plat at their meeting on March 1, 2011 RON WELPER Transmitted herewith is one print of the Final Plat of Anderson's Ninth Addition. Please find Ward 5 attached: BOB GREENWOOD ° Staff report At-Large ° Aerial photograph of the area ° Final Plat STEVE ° Deed of Dedication SCHMITT At-Large ° Certificate of Survey ° Report of the City Engineer Expenditure Required:None Source of Funds:N/A Policy Issue: Plat Approval Alternative: CITY WEBSITE: www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! .1) An Equal Opportunity/Affirmative Action Employer k 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. 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 Final plat-andersons 9th 3.30.11.doc 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 I i , - -- � �,. l x.?y= - Request for 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. } 1 P&P ��` tlM ` ° l,._'• ,, 414 n ipf ""' - -Y "Tower Park Drive f� � h;"ip rogy _ - - ° 'AT ,. ,r gi P'•* m 4 s alarillill 5 sax" T� c -' .� N 3 » T iiiii sr � ` Furniture Row .OPK A ± '� � "_ L. ..8. es• ' IIIMIII Atv q Aliaa''tt#81 > t ? ?i=i"Stighlh'a'INN irt �1 440,%ii,it ! g Sam's Club .. to I. Hitilyl+ i /frerr _ 1 11 __ — IP mow S { .„ Highway-20 , * ' z t ,'' 1 Legend , � - �� Area proposed to be platted - " N zoo ioa o zoo W. , I Feet C Final Plat Anderson's Ninth Addition Waterloo, Black Hawk County, Iowa Legal Description: A parcel of land in the Northwest Quarter(NW 1/4)of Section 10,Township 88 North,Range 13 West of the 5th P.M.,in the City of Waterloo,Black Hawk County,Iowa,described as follows: Commenting at the Northwest Quarter(NW 1/4)corner of saki Northwest Quarter(NW 1/4);thence SOO°17'19"W 786.56 feet along the West line of saki NW 1/4;thence S89°42'41"E 60.00 feet to the East right of way line of Kimball Avenue,the Southwest comer of Lot 1 Anderson's Eighth Addition and the point of beginning;thence S88°1465'E 332.61 feet Wong the South Ire of Lot 1 Anderson's Eighth Addition and Lot 1 Anderson's Fifth Addition to the Southeast corner of Lot 1 Anderson's Fifth Addition and the West right of way line of Mirage Ridge;thence SOI'40'22 W 261.83 feel along the West right of way line of Mirage Ridge;thence N88719'38W 36.00 feet along the North right of way line as described'n Doc.#2010 17057;thence S01°4022 W 90.00 feet along the West right of way line as described in Doc.#201017057;thence$88°09'41"E 284.86 along the South tight of way line of Mirage Ridge and Lot 1 Anderson's First Addition to the Northwest corner of Lot 1 Anderson's Addition;thence S01°41'19W 251.26 feel along the West line of Lot 1 Anderson's Addition to the Southwest corner of Anderson's Addition and the North right of way line of U.S.Highway 20;thence N88°41'34 W 482.06 feet along the North line of U.S.Highway 20 to the East right of way line of Kimball Avenue;thence N11°30'42W 297.65 feet along the East right of way tine of Kimbal Avenue;thence N89°5626 W 25.00 feet;thence NO0°17'19"E 318.44 feel along the East tight of way line of Kimball Avenue to the point of beginning containing 5.540 acres,subject to easements and restrictions of record. Point a Con.NmmpM1 Nw C.re,NW 114 10-0&13 For MOT Num Disk S Lot 1 or Anderson's EighthLot 1 Addition Anderson's Fifth Addition S 89'42'41'E S 88°14'55"E P.O.B. 60.00' 332.81'(332.16') Fed lag Rene! I , 58.35,255°E / Pr.tn°e XI2]8(201.151' 5885.5.5 588°10'55'E Reha,'0 U:T°� 72.75 130.02(130.00 Cap P11809 I 125.09' 5891155.E 207IT P I alUSdnaf0ess-r;ea,ne„t - guu� � Lot 4I Eemax \ Anderson's Seventh Lot 1 a;, Lot 6 I Addition I 8 9 20,097 so.ft. c't. g 32,226 so.ft. 5 I 0,46 acres 8- 0.74 acres it- IiS W z I o'Wela Mein ° {I� 2 Easement E. In$ 3k.2Ewen Pg.B]0 _ryI�� 589525'E , 599'azal'E a1 hNo z i 125.Ctl 203.99 _i, .i•:,s, ul l - oR7 I Lot2 a, Lot5 I - y it, 19,586 sq.ft. ti E 30.358 sq.ft. IP cw E 0.45 acres 8,, Public 0.70 acres N 88°19'38"W I°A $' Lot 1 > $.- r05.0,E 1, to Willy 35.00 E Q$ End rwe'e Pager. 1 occ.*20161]oss Ease... Na.new Pa, Anderson's First q IOOT Alum.Ca00.5N 14 Gas 6 Eke0k fl Malty Doc.a2010.1705] Addition I n 0 Eastq R.O W. I9 ay ti Agreamane Easeak 5 Pg.15a ` t1 595•atno ses'al'3a°E L g 501°40'22"W j- 1000z� Y �65.tz 90.00' aap27gdyon 1121182yZy'y 5 S88°09'41"E 1 m l Alderson Drive IPmwel I 0150221 284.88' 'N89°5826'W 1 35118a4 sew.sawet-1 I 363J Fnd 100 Reber air 8ggpgaf 25.00' 1 - a 96.00. ^esa..Capaa133 Ina. nd W9Pepy I 1 Pdvala Sarilsy I / 6 N 69.Oa<1 w r aSeoe,V+nne2'4erm`, 3 1 S0we,Eesemaripe, I IN ?TIC 1 I Palk Sanitaryc. 1�EasamSm I m 4 Doc.Rzmo-,Ens - ✓ ���yyy???fff dic torm Setif* °r NZ 1 1 Ib /I I ` Eas�e,ont par Dw.P2010-17055 11, Lot 3 14/ m -12v 1 r m� 1 62,944 sq.ft. I I" u,1 F3 Lot 4 ; N N I 4 11 a4 acres Im /Ig8 IPA 76,100 sq.a. a a"4N A�' 11 owe.Man Ina /IDS 1" 1.75 acres la win Ad I ^`NC '!� Eememp. I Drainage Eakwn.x N Lot1 1 �-2tl I= Ease,ak 132.112 1 ekn Eese..Pig Srs I {tom 1 I I Anderson's Addition I1 1 c___s p q___r arl __LE., yy1 1 saN zg cdnmr 11 _ . k ♦•-1- �.Gr` ✓ � 1 I slam De...m:eg..112 Easement N 55.41'04'W 181.]g' i Eeek 13 P&112 FM WSW Raba,ad 50 NDPger wt N88511.1.300.36 � "' / NORTH 9 IOOT Nam.Cep Private Sanitary 3330.oa y Eawmantg,,,,y. N88°41'34"W End ve°a Eae.,,,coovucdbn l» 482.06'(481.89') U.S.Highway#20 RBA swcwre,NW 1n 108613 Doc.a2n0.,6815 CmpMsd Acme Highway par SN Pk Mall In AsplWlpa lava Dept.of Trane,Rb0d USPLS Corner CMNmreN Way Plat Bk.539 Pg.&l] MISC.Book ow,,Page e07 This Plat or Subdivision has been reviewed by the City of Waterloo Owner/Subdivider Current Zoning Hope Martin Anderson C-2,Commercial District P.O.lox 777 Signature of City Date Waterloo,Iowa 50704 Ordinance Administrator. Bulking Setbacks FEATURE LEGEND See C-2,Commercial District I hereby canny maws swan.ng da.rmmrcwn P.N..' requirements O SET RED CAP 24'REBAR rig Mated eurvry work wr palo,mad by me a ands,.1,dYa1 o LANp.S , paraaneleapemmm�amma hem a duly licensed La,dsvroera W/RED CORNER#72088 E• "•.�pG_, unaa lnebn am5 smmalowe. Notes: • PROPERTY FOUND n` . g on observations p u 120R8 .r 1)Bearings are based GPS SET SECTION CORNER Wendell J. j Si adjusted by Ike IA RTN. in SECTION CORNER FOUND Lupkes WENDELL J.LUPKES,L.S. DATE 2.)All dimensions are in feet and decimalsthereof. umna.a.,,ba,t2tte 3.)The error of closure is better than 1:10,000. 10(300 DIMENSION OF SURVEY i gryA aslcena5 renews date Is Oammbar 31.2012 4.)Proprietor Hope Martin Anderson P5gea or meal.wooed by mh sun: 5.)Fieldwork was completed 2/14/11. (100.00)DIMENSION OF RECORD 0 50 100 200 scale 03 Anderson's Ninth Addition Vol Engineering =toCD cD Final Plat `4) 1501 Technology Parkway 7awn MAK Y c"I Cedar Falls, Iowa - 319-266-5829 dole Z/21/11 revisions dale J Prepared By: Eric W. Johnson, P.O. Box 178, Waterloo, IA 50704- 0178 (319) 234-1766 After Recording Return To: Eric W. Johnson, P.O. Box 178, Waterloo, IA 50704-0178 Address Tax Statement to: No Change DEDICATION FOR ANDERSON' S NINTH ADDITION, WATERLOO, BLACK HAWK COUNTY, IOWA KNOW ALL MEN BY THESE PRESENTS : That Hope M. Anderson, a single person, being desirous of platting the land described in the attached Certificate of Survey by Wendell J. Lupkes, Licensed Land Surveyor, dated the day of , 2011, does by these presents designate and set apart the aforesaid premises as a subdivision of the City of Waterloo, Black Hawk County, Iowa, the same to be known as ANDERSON'S NINTH ADDITION, WATERLOO, BLACK HAWK COUNTY, IOWA, all of which is with the free consent and desire of the undersigned, and the undersigned does hereby designate and set apart for public use the streets and avenues as shown upon the attached plat . EASEMENTS The owner does hereby grant and convey to the City of Waterloo, Iowa, its successors and assigns, and to any private corporation, firm, or person furnishing utilities for the transmission and/or distribution of water, sanitary sewer, storm sewer, natural gas, electricity, communication service, or cable television, perpetual easements for the erection, laying, building, and maintenance of said services over, across, on and/or under Development as shown on the attached plat . RESTRICTIVE COVENANTS The owner does also covenant and agree for himself, his successors and assigns, that : 1 . Said real estate shall be available for such uses as may be permitted under the zoning regulations of the City of Waterloo, Iowa. 2 . Said real estate shall not have direct access onto Kimball Avenue, except as follows : a. Lots 2, 3 , and 5 may continue to use their existing shared access and curb cut onto Kimball Avenue until such time as Mirage Ridge and Anderson Drive are completed, at which time they shall use Mirage Ridge and Anderson Drive as their sole access and the Kimball Avenue access and curb cut shall be removed. b. Lot 1 may continue to use its existing access and curb cut onto Kimball Avenue until such time as Lot 1 is no longer used for residential uses, at which time the Kimball Avenue access and curb cut shall be removed. 3 . All of the provisions hereof shall be enforceable by appropriate legal proceedings by any present or future owners of the legal or equitable title to said real estate. Invalidation of any one or more of the within restrictions by judgment or decree of court, shall not be regarded as affecting the validity of any of the other provisions hereof, nor shall any judicial determination with respect to any of the restrictive provisions hereof be regarded as affecting the validity or sufficiency of this instrument as a deed of dedication of said plat . 4 . Each of the undersigned and all persons and corporations hereafter acquiring any right, title, or interest in said real estate shall be taken and held to have agreed and covenanted with the undersigned, and with the respective successors and assigns of said real estate, to conform to and observe all of the foregoing covenants, restrictions, and stipulations as to the use, improvement, and occupancy of said real estate, for a period of 21 years from the date of the filing of said plat, however, that the easements contained herein, shall not be subject to change at any time, but shall be permanent . Hope M. Anderson STATE OF IOWA COUNTY OF BLACK HAWK ) ss . This instrument was acknowledged before me on this day of , 2011, by Hope M. Anderson, a single person. Notary Public 3 EXHIBIT "A" SURVEYOR'S CERTIFICATE ANDERSON'S NINTH ADDITION, CITY OF WATERLOO,BLACK HAWK COUNTY,IOWA I certify that during the month of February,2010, at the direction of Hope Martin Anderson, a survey was made, under my supervision, of the tract of land to be known as "Anderson's Ninth Addition,City of Waterloo,Black Hawk County,Iowa", as shown on the attached plat, and the boundary of which is more particularly described as follows: A parcel of land in the Northwest Quarter(NW 1/4) of Section 10, Township 88 North, Range 13 West of the 5th P.M., in the City of Waterloo, Black Hawk County, Iowa, described as follows: Commencing at the Northwest Quarter(NW 1/4) corner of said Northwest Quarter(NW 1/4); thence S00°17'19"W 786.56 feet along the West line of said NW 1/4; thence S89°42'41"E 60.00 feet to the East right of way line of Kimball Avenue, the Southwest corner of Lot 1 Anderson's Eighth Addition and the point of beginning;thence S88°14'55"E 332.81 feet along the South line of Lot 1 Anderson's Eighth Addition and Lot 1 Anderson's Fifth Addition to the Southeast corner of Lot 1 Anderson's Fifth Addition and the West right of way line of Mirage Ridge; thence SO1°40'22"W 261.83 feet along the West right of way line of Mirage Ridge; thence N88°19'38"W 35.00 feet along the North right of way line as described in Doc. #2010 17057; thence S01°40'22"W 90.00 feet along the West right of way line as described in Doc. #2010 17057; thence S88°09'41"E 284.88 along the South right of way line of Mirage Ridge and Lot 1 Anderson's First Addition to the Northwest corner of Lot 1 Anderson's Addition; thence S01°41'19"W 251.26 feet along the West line of Lot 1 Anderson's Addition to the Southwest corner of Anderson's Addition and the North right of way line of U.S. Highway 20; thence N88°41'34"W 482.06 feet along the North line of U.S. Highway 20 to the East right of way line of Kimball Avenue; thence N 11°30'42"W 297.65 feet along the East right of way line of Kimball Avenue; thence N89°56'26"W 25.00 feet;thence N00°17'19"E 318.44 feet along the East right of way line of Kimball Avenue to the point of beginning containing 5.540 acres, subject to easements and restrictions of record. I further certify that the Plat as shown is a correct representation of the survey and all corners are marked as indicated. Wendell J. Lupkes IA Lic.No. 12088 Date Subscribed and sworn before me this day of , 20 Notary Public, in and for the State of Iowa Plat- Anderson's Ninth Addition- South of Tower Park Drive r - Looking west from Mirage Ridge at Looking south from Mirage Ridge towards commercial development. Highway 20. '"fir . ga.41041 Looking northwest from Mirage Ridge at 125 Anderson Drive. CITY OF WATERLOO , IOWA WATERLOO ENGINEERING DEPARTMENT 715 Mulberry Street • Waterloo, IA 50703 • (319)291-4312 Fax(319)291-4262 drPr100 \O� ERIC THORSON,P.E. • City Engineer email:city.engineer@waterloo.ia.org Mayor BUCK March 16, 2011 CLARK 9131 COUNCIL 9641 MEMBERS Mr. Aric Schroeder, City Planner DAVID Planning, Programming & Zoning Commission JONES Waterloo City Hall Ward I Waterloo, IA 50703 CAROLYN COLE Ward 2 RE: FINAL PLAT ANDERSON'S NINTH ADDITION HAROLD GETTY Ward 3 Dear Aric: QUENTIN M. This final plat has been reviewed, and it has been determined that it meets the HART requirements of the applicable portions of Section 3, 4 and 5 of Ordinance 2997, Ward Subdivision Ordinance. RON WELPER It is recommended that this final plat be approved. Ward 5 BOB Sincere , GREENWOOD At-Large STEVE Dennis . Gentz, P. . SCHMITT At-Large Assistant City Engineer CITY WEBSITE:www.cityofwaterlooiowa.com • WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer RESOLUTION NO. 2011-255 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, APPROVING THE FINAL PLAT AND NECESSARY DOCUMENTS OF ANDERSON' S NINTH ADDITION, ALL IN THE CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA. WHEREAS, on this 4th day of April, 2011, at a regular meeting of the City Council of the City of Waterloo, Iowa, the Final Plat of Anderson' s Ninth Addition, Waterloo, Black Hawk County, Iowa, was presented for approval, and WHEREAS, said Final Plat has been previously submitted to and has been approved by the Waterloo City Planning, Programming and Zoning Commission, and WHEREAS, said Final 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 Final 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 4th day of April, 2011 . el/I Yal Ernest G. ark:Mayor or ATTEST: <1..._;Sil_ cv -e Suzy zchares, 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. 2011-255, as passed and adopted by the Council of the City of Waterloo, Iowa, on the 4th day of April, 2011 . Witness my hand and seal of office this 4th day of April, 2011 . SEAL Suzy Sch res, CM City Clerk • " •i� 24ITY OF WATERLOO , IOWA COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street • Waterloo,Iowa 50703-5783 • (319)291-4366 Fax(319)291-4262 er100 �0 NOEi.C.ANDERSON.Community Pkutn, &I)e lnpnr nt Pnet Try CITY OF WATERLOO klety„r Council Communication BUCK City Council Meeting:Novemb 0 CLARK Prepared:November 10.Z010 Dept.Head Signature: COUNCIL # of Attachments: MEMBERS SUBJECT:Acceptance of 121 Cutler Street. through Iowa Code 657A. L1A V I D Submitted by: Noel Anderson JONES rva,,f/ Recommended City Council Action:We would ask that the City Council adopt a resolution to accept CAROLYN the property at 121 Cutler Street, and authorize the Mayor and City Clerk to sign and fully execute any C()LE necessary documents needed for this acquisition. tdhud HAROLD Summary Statement:The property currently contains a vacant dwelling that has been deemed dangerous GETTY and unsafe.Attached is a court order under 657A, granting the City of Waterloo title to property located at 121 Cutler Street. This particular property cannot be reasonably rehabilitated therefore; it is the intention our intentions to demolish the dangerous building immediately. QUENTIN HART After the demolition, the property would be available for sale to the adjacent property owners or ff`"`f a interested parties for a reasonable cost with the execution of development agreement. The size of the lot RON is 43'x 91' or 3,913 sq. ft.,which is considered a"lot of record"as it is below the minimum lot size of WEEPER 6,000 sq. ft. in the city of Waterloo.As a "lot of record the property could be built upon but must meet ward,d c current minimum set-back requirements. BOB GREENWOOD Expenditure Required:There is no cost associated with the acquisition of the property other than the GRcost of filing for 657A with the Courts. However, asbestos removal and demolition may reach$6,000 to 1 t-Law $7,000 dollars. STEVE SC H M I T'T Source of Funds:N/A Policy Issue: Dilapidated Housing Alternative:N/A Legal Description:The South 43 feet of the North 87 feet of Lots Nos. 1 and 2 in Block No. 10 in "East Park Place" in the City of Waterloo, Iowa. Background Information:The City of Waterloo has been working to address the state of disrepair of the property through out the city using Iowa Legislation (657A) that allows cities to take possession of dilapidated and abandoned homes. Cc:Aric Schroeder,City Planner Rudy Jones,Community Development Director Louis Starks,Contract Compliance Officer Dave Zellhoefer,.Assistant City Attorney _.---- CITY WEBSITE: www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! tVAAL• ao, An Equal Opportunity/Affirmative Action Employer IN THE IOWA DISTRICT COURT FOR BLACK HAWK COUNTY CITY OF WATERLOO, IOWA, ) 2011 VIP 10 AM p. 16 42-6005327, ) Petitioner, ) No. EQCV114833` ' `" ) vs. ) ) ORDER REGIONS BANK;RICHARD BYERLY; ) BLACK HAWK COUNTY, IOWA; ) OHP 28, LC; FRTL AO11, LLC and ) UMB BANK COLORADO NA, ) ) Respondents. ) NOW on this 10t' day of March, 2011, this matter comes before the Court as scheduled for hearing. Present is Attorney David R. Zellhoefer representing the Petitioner, City of Waterloo, Iowa. No other attorneys or respondents appear. The Court notes that proof of service on all parties has been shown. The Petition and Original Notice were posted on the property located at 121 Cutler Street on December 15, 2010, by the Black Hawk County Sheriff. The remaining Respondents were served by certified mail as shown by the Proof of Service filed by Petitioner on January 27, 2011. No one appears today to argue or answer on behalf of any Respondent, and the Court finds all Respondents to be in default. THE COURT MAKES THE FOLLOWING FINDINGS OF FACT: 1. That 121 Cutler Street is legally described as: The South 43 feet of the North 87 feet of Lots Nos. 1 and 2 in Block No. 10 in "East Park Place" in the City of Waterloo, Iowa. This is a residence and not a commercial building. There are presently no utilities being provided to the property. The property is unoccupied and has been vacant for a number of years. The property does not meet the City's housing code for being fit for human habitation or occupancy. The building is presently partially boarded up, but has been exposed to the elements for an extended period of time, which has made it deteriorate substantially. There is a large presence and accumulation of debris and uncut vegetation on the property. Many windows are broken out and there are holes in the roof and eaves. Much of its siding is torn off. The house is open so that water and vermin can enter, and there is a large presence of black mold and other debris. 2. That because of the findings of fact made above, the Court determines that the property is an abandoned building pursuant to Section 657A.10A. IT IS, THEREFORE, ORDERED, ADJUDGED AND DECREED, that the property cited above is an abandoned property pursuant to Section 657A.10A; judgment is hereby ordered in favor of the Petitioner, City of Waterloo, Iowa, and the Court hereby awards title of this property to the City of Waterloo, free and clear from any liens and encumbrances. The Clerk shall notify the Black Hawk County Auditor's Office, Assessor's Office, Treasurer's Office and Recorder's Office, so that these offices may take note of this Order and adjust their records accordingly. Court costs shall be taxed to the Petitioner. Judge of the/F. st Judicial District of Iowa Page 1 of 1 - i fi,H r a Y ' , . Rf 1`"' l � y i p u 3 i if . � f�t.off_ �i� = tM = .i t�. f :::,...„4„.,,,, _ . .. q / Aittir:Y �)X. s � V t 4 '. 1- -' 1 .+u, - h :. ,l le - �- Y • + - + 'mow A p 2n!D.x.JC ----- u - R y 4 s r, t s ak.FCi»u ,`a M# .`' ` .ram - ; t 3 7° m < ' ' Y+ } ; 4 '^ .� x-" - 'fb a �.gY -`n @ - zx w � rs tt _✓ .--- . ` y+ k^ ; fi S- „ -'! http://www2.co.black-hawk.ia.us/images/photo/891314486006006001.jpg 3/29/2011 Black Hawk County Detailed Parcel Report Page 1 of 2 BLACK HAWK COUNTY REAL ESTATE ASSESSMENT AND TAX INFORMATION Parcel ID Deed Holder Tax Mail to Address 8913-14-486-006 NATIONAL BANK WATERLOO BYERLY,RICHARD L 121 CUTLER ST PDF No. Map Area Contract Buyer WATERLOO, IA 50703-0000 6 NWTLO-06 BYERLY,RICHARD L Property Address Current Recorded Transfer 121 CUTLER ST Date Drawn Date Filed Recorded Document Type WATERLOO, IA 50703-0000 6/15/2000 7/11/2000 CLD 674305 C SALES BUILDING PERMIT Date Amount NUTC /Type Date Number Amount Reason 6/28/198421,000 SALE BY LENDING INSTITUTION 12/30/2009 IWA 07465 7,000 Ext-Remodel OF PROPERTY ACQUIRED AS RESULT OF FORECLOSURE, ETC. /Contract ASSESSED VALUES/CREDITS Year Class 2011 Proposed Values Subject to Board of Review Action R 100% Land Dwelling Building M/E Total Acres Value 4,520 19,810 0 0 24,330 0 Taxable Land Dwelling Building M/E Total Value 4,520 19,810 0 0 24,330 Year Class 2010 R 100% Land Dwelling Building M/E otal Acres Value 3,860 19,750 0 0 23,610 0 Taxable Land Dwelling Building M/E Total Value ;1,873 9,585 0 0 11,458 Year Class 2009 R 100% Land Dwelling _Building M/E Total Acres Value 3,860 19,750 0 0 23,610 0 Taxable Land Dwelling Building M/E Total Value 1,811 9,265 0 0 11,076 Year Class 2008 R 100% Land Dwelling Building M/E Total Acres Value 3,860 19,750 0 0 23,610 0 Taxable Land Dwelling Building M/E Total Value 1,760 9,004 0 0 10,764 TAX INFORMATION ASSESSMENT YEAR 2009 PAYABLE 2010/2011 Tax 940001 -WATERLOO District Gross Value 'Taxable Value 'Military Exemption !Levy Rate (Gross Tax 'Net Tax http://www2.co.black-hawk.ia.us/website/bhmap/bhRepDet.asp?apn=891314486006 3/29/2011 Black Hawk County Detailed Parcel Report Page 2 of 2 Corp 23,610 I11,076 100 1402.76081 I$473.62 18474.00 Nocorp 0 0 0 $0.00 Homestead Disabled Veteran Property Tax Relief Ag Family Farm Credit Credit Credit Credit Credit Corp $0.00 $0.00 $0.00 $0.00 $0.00 Nocorp $0.00 LEGAL EAST PARK PLACE S 43 FT N 87 FT LOT 1 BLK 10 S 43 FT N 87 FT LOT 2 BLK 10 LAND Basis Front Rear •Side 1 Side 2 Lot Area Acres Front 43 43 91 91 0 3913 0.09 Foot Totals: 3913 0.09 DWELLING CHARACTERISTICS Type Style Single-Family/Owner Occupied 2 Story Frame Year Built Area Heat AC Attic 1913 616 Yes No Floor& Stairs Total Rooms Above Total Rooms Below Bedrooms Above Bedrooms Below 6 0 3 0 Basement Basement Finished Area No Basement Floor Full 0 0 Foundation Flooring Conc Carp/Tile Exterior Walls Interior Finish Wd Lap Plas/ Panel Roof Asph / Hip Non-Base Floor/Wall Pipeless Handfired Space Heaters Heating 0 Addtions Year Built Style Area Basement (SF) No Basement(SF) Heat AC Attic 1913 1 Story Frame 54 0 0 Yes No 0 Plumbing Full Bath 1 Style Area Porch 1 S Frame Enclosed 180 Frame Encl 2nd Floor 60 YARD EXTRAS Description Year Built _Quantity Plot No. Extended Description Sheds 1998 1 360 SF, Metal, Low Pricing http://www2.co.black-hawk.ia.us/website/bhmap/bhRepDet.asp?apn=891314486006 3/29/2011 Legal Description 121 Cutler Street legally described as: The South 43 feet of the North 87 feet of Lots Nos. 1 and 2 in Block No. 10 in"East Park Place" in the City of Waterloo, Iowa. RESOLUTION NO. 2011-256 RESOLUTION ACCEPTING AND APPROVING ACQUISITION OF PROPERTY GENERALLY LOCATED AT 121 CUTLER STREET IN THE CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA. WHEREAS, Iowa Code Section 657A. 10A allows cities to petition the courts for possession of vacant and dilapidated homes, of which no one will take responsibility for its condition, and WHEREAS, the hereinafter described parcel contains a vacant dwelling that has been deemed dangerous and unsafe and does not meet the City of Waterloo' s Housing Code, and WHEREAS, it is the intention of the City of Waterloo to demolish the dangerous building immediately, and WHEREAS, after said demolition, the City of Waterloo will be able to offer the property to the adjacent property owners or interested parties for a reasonable cost, and WHEREAS, the Iowa District Court for Black Hawk County found that proper Notice of Intent to Take Default against several parties was properly mailed, and WHEREAS, the Iowa District Court for Black Hawk County found: 1. That 121 Cutler Street, legally described as follows: The South 43 feet of the North 87 feet of Lots Nos . 1 and 2 in Block No. 10 in "East Park Place", all in the City of Waterloo, Black Hawk County, Iowa; is a residence located in Waterloo, Black Hawk County, Iowa. There are no utilities being provided to the property. The property is unoccupied and has been vacant for a number of years . The property does not meet the City' s Housing Code for being fit for human habitation or occupancy. The building has been exposed to the elements for many years, which has made it deteriorate substantially. 2 . That because of the findings of fact made by the Iowa District Court of Black Hawk County, it was determined that the property is an abandoned building pursuant to Section 657A. 10A. WHEREAS, the Iowa District Court of Black Hawk County ordered, adjudged and decreed that the above described property is an abandoned property pursuant to Section 657A. 10A and awarded title of said property to the City of Waterloo, and NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the above described property is accepted and approved for the purposes as described in Section 657A. 10A. Resolution No. 2011-256 Page 2 PASSED AND ADOPTED this 4th day of April, 2011. Ernest G. Clark, Mayor ATTEST: Suzy Sch res, CMC City Clerk CITY OF WATERLOO , IOVVA .... ..,., • COMMUNITY PLANNING AND DEVELOPMENT ��S 715 Mulberry Street • waterloo, Iowa 50703-5783 • (319)291-4366 Fax(319)291-4262 �re11 p0 tQ \t)1,1.C-AN DERSON,Community q&ity Plannnt Development Drram.fnt CITY OF WATERLOO mayor BUCK Council Communication CLARK City Council Meeting: April 4, 2011 Prepared: March 30, 2011 COUNCIL Dept. Head Signature: Noel Anderson, Community Planning & Development Director MEMBERS # of Attachments: 1 SUBJECT: Supplemental Development Agreement by Michael Nyguyen for the DAVID redevelopment of his condominium in the former Winterbottom Supply building located at 25 JONES Westfield Avenue. Mr. Nguyen purchased one of the loft style condominium units. Li'nrrl I CAROLYN Submitted by: Noel Anderson, Community Planning & Development Director COLS Recommended City Council Action: Resolution approving supplemental development agreement. IIAROLE) 0E1'1Y Summary Statement: As you may recall, the City of Waterloo entered into a Master yt`t'n Development Agreement with NCN Limited Company for the overall development of the QUENTIN former Winterbottom building. This was due to the plans to set up a condominium regime, HA r and so each unit will come back separately under a Supplemental Development Agreement r ,re-r for their portion of the overall project. The drafting of the Master Agreement helped NCN Limited Company to state what incentives would be available for buyers into the project. RON WEEPER The overall increase of assessed value for the former Winterbottom Building will raise from approximately $200,000 up to a minimum of $2,000,000. Each condominium Supplemental BOB Development Agreement will have a minimum value based on square footage of their GUT NWOOr` portion. The Master Agreement specified the following: 1. Raise the assessed value of the site from $190,830 to a minimum value of $2,000,000. (Note rollback will apply for condo units). SrEN 2 Will base a Minimum Assessment Agreement for each unitper a square footage SCttM1II 9 q g .ln,��, formula. 3. Will make each individual unit eligible for 7 years at 100% in tax rebates. Calculating the formula from the Master Development Agreement based on the amount of condominium space, common percentage ownership, storage space, and garage space, this Supplemental Agreement with Mr. Nguyen will have a minimum assessment agreement of $135,585 for their combined 2,847.29 sq. ft. of space. Expenditure Required: NA Source of Funds: NA Policy Issue: Economic Development within the City of Waterloo. CITY WE BSI i-E: wwwti.waterloo-ta.us WE'RE WORKING FOR YOU! • • An Equal Opportunity/AHianative Action Employer Alternative: NA Background Information: This conversion of the former Winterbottom building has been a great example of urban style Downtown Waterloo loft living options for many people to the area. More options for Downtown Waterloo residential development are a key component of the Downtown Waterloo Master Plan. Preparer Information: Chris Wendland, PO Box 596, Waterloo, Iowa 50704, (319)234.5701 Individual's Name Street Address City Phone SPACE ABOVE THIS LINE FOR RECORDER SUPPLEMENTAL DEVELOPMENT AGREEMENT This Supplemental Development Agreement (the "Agreement") is made and entered into as of by and between Michael Nguyen (the "Developer"), and the City of Waterloo, Iowa (the "City"). WHEREAS, City and Developer, or Developer's predecessor in interest to the real property legally described on Exhibit "A" attached hereto (the "Property"), are parties to that certain Master Development Agreement (the "Master Agreement") dated as of December 5, 2005, and filed on July 26, 2006 as Doc No. 2007002170 in the office of the Black Hawk County Recorder; and WHEREAS, Developer is willing and able to renovate and develop the Property. NOW, THEREFORE, in consideration of the mutual covenants hereinafter contained, Developer and City agree as follows: 1. Development. The parties hereby agree that Developer's Phase Area for purposes of this Agreement is 2,847.29 square feet and that the minimum actual value of the Property which shall be fixed for assessment purposes, without reduction due to application of applicable valuation rollbacks, after completion of Improvements shall be no less than $ 135,585 ("Minimum Actual Value"). 2. Minimum Assessment Agreement. Developer acknowledges and hereby agrees to the terms and conditions of Section 2 of the Master Agreement and that prior to the date set forth in Section 2 of Exhibit "B" it will not seek or cause a reduction in the actual valuation for the Property below the Minimum Actual Value, through: (I) willful destruction of the Property, the Improvements, or any part of either; (ii) a request to the assessor of Black Hawk County; or (iii) any proceedings, whether administrative, legal, or equitable, with any administrative body or court within the City, Black Hawk County, the State of Iowa, or the federal government. Developer agrees to sign a minimum assessment agreement in the form attached hereto as Exhibit "B" with respect to the Improvements. 3. Tax Rebates. Provided that Developer satisfies the conditions set forth in Section 3 of the Master Agreement, City agrees to property tax rebates as set forth in such Section 3 in the manner and on the terms stated therein. City shall pay rebates to Developer at least annually pursuant to a schedule to be determined by City. Developer's share of the January 1 , 2005 taxable value ($190,830) referenced in the Master Agreement is 6.78 %, or $ 12,936.84 The taxable value of a given Phase Area as a result of the Improvements must be increased by a minimum of 10% and must increase the annual tax by a minimum of $500.00. This rebate program is not applicable to any special assessment levy, debt service levy, or any other levy that is exempted from treatment as tax increment financing under the provisions of applicable law. The first year of in which a rebate may be given ("Year One") shall be the first full year for which the assessment with respect to a Phase Area is based upon the completed value of the Improvements and not a prior year for which the assessment is based solely upon the value of the unimproved Phase Area. 4. Representations and Warranties. City hereby reaffirms and restates, as of the date of this Agreement, the representations and warranties of City set forth in the Master Agreement. Developer hereby affirms and states that the representations and warranties made by Company in the Master Agreement are, with respect to Developer, true and correct as of the date of this Agreement. 5. Incorporation by Reference. The parties hereby incorporate by reference the provisions of Sections 6 through 14, inclusive, of the Master Agreement as though said Sections were set forth in full in this Agreement. 6. Capitalized Terms. Each term in this Agreement that is capitalized but not defined herein shall have the meaning assigned to it in the Master Agreement. 7. Master Agreement. Developer acknowledges having read the Master Agreement and is familiar with the terms thereof. 2 8. Assignment. In the event of sale of the Property, the benefits and obligations of Developer under this Agreement shall automatically be transferred and conveyed to the new owner. Developer shall notify City within ten (10) days of any such transfer or sale. IN WITNESS WHEREOF, the parties have executed this Supplemental Development Agreement as of the date and year written above. Developer Michael Nguyen Date City of Waterloo, Iowa By: Ernest G. Clark, Mayor Date Attest: Suzy Schares, City Clerk Date 3 • EXHIBIT "A" Unit 12 and the undivided 6.25% interest in the common elements appurtenant to said unit, "Westfield Lofts Condominium" recorded in Doc. #2006-07463 on September 16, 2005 and laid out on part of Lots 1 thru 5 and vacated Commercial Street, Block 4, James Eggers Addition to the City of Waterloo, Iowa, and part Lot 26, "Auditor's Falls Avenue and Mullan Avenue Plat" in Waterloo, Iowa. 4 EXHIBIT "B" MINIMUM ASSESSMENT AGREEMENT THIS MINIMUM ASSESSMENT AGREEMENT, dated as of , by and among the City of Waterloo, Iowa ("City"), Michael Nguyen ("Developer"), and the COUNTY ASSESSOR of the City of Waterloo, Iowa ("Assessor"). WITNESSETH: WHEREAS, on or before the date hereof the City and Developer have entered into a Supplemental Development Agreement (the "Agreement") regarding certain real property located in the City; and WHEREAS, it is contemplated that pursuant to said Agreement, the Developer will undertake the renovation and development of an area ("Project") within the City and within the "Downtown Urban Renewal Area." WHEREAS, pursuant to Iowa Code section 403.6, as amended, the City and the Developer desire to establish a minimum actual value for the land and improvements constructed thereon pursuant to the Agreement and applicable only to the development, which shall be effective upon substantial completion of the development, and from then until this Agreement is terminated pursuant to the terms herein and which is intended to reflect the minimum actual value of the land and building as to the development only; and WHEREAS, the City and the Assessor have reviewed the preliminary plans and specifications for the improvements which it is contemplated will be erected as a part of the development; NOW, THEREFORE, the parties to this Minimum Assessment Agreement, in consideration of the promises, covenants and agreements made by each other, do hereby agree as follows: 1. Upon substantial completion of construction of the above-referenced improvements by the Developer on the property described in Exhibit "A" attached hereto, the minimum actual value which shall be fixed for assessment purposes, not including any reduction due to application of applicable valuation rollbacks, for the land and improvements to be constructed thereon by the Developer as a part of the development shall not be less than $ $135,585 ("Minimum Actual Value") until termination of this Minimum Assessment Agreement. 2. The Minimum Actual Value herein established shall be of no further force and effect, and this Minimum Assessment Agreement shall terminate on, December 31, 2025. Nothing herein shall be deemed to waive the Developer's rights under Iowa Code section 403.6, as amended, to contest that portion of any actual value assignment made by the Assessor in excess of the Minimum Actual Value established herein. In no event, however, shall the Developer seek to reduce the actual value assigned below the Minimum Actual Value established herein during the term of this Agreement. The City shall not unreasonably withhold its consent to permit the Developer to contest its valuations in full, commencing with the assessment of January 1, 2026. 3. This Minimum Assessment Agreement shall be promptly recorded by the City with the Recorder of Black Hawk County, Iowa. The City shall pay all costs of recording. 4. Neither the preambles nor provisions of this Minimum Assessment Agreement are intended to, or shall be construed as, modifying the terms of the Agreement between the City and the Developer. 5. This Minimum Assessment Agreement shall inure to the benefit of and be binding upon the successors and assigns of the parties. IN WITNESS WHEREOF, the parties have entered this Minimum Assessment Agreement as of the date first written above. CITY OF WATERLOO, IOWA By: Ernest G. Clark, Mayor Attest: By: Suzy Schares, City Clerk 2 DEVELOPER Michael Nguyen STATE OF IOWA ) ) ss. COUNTY OF BLACK HAWK ) On this day of , before me, a Notary Public in and for the State of Iowa, personally appeared Ernest G. Clark and Suzy Schares, to me personally known, who being duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Waterloo, Iowa, a municipal corporation, created and existing under the laws of the State of Iowa, and that the seal affixed to the foregoing instrument is the seal of said municipal corporation, and that said instrument was signed and sealed on behalf of said municipal corporation by authority and resolution of its City Council, and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said municipal corporation by it and by them voluntarily executed. Notary Public STATE OF IOWA ) ) ss. COUNTY OF BLACK HAWK ) Acknowledged before me on , by Michael Nguyen. Notary Public 3 CERTIFICATION OF ASSESSOR The undersigned, having reviewed the plans and specifications for the improvements to be constructed and the market value assigned to the land upon which the improvements are to be constructed for the development, and being of the opinion that the minimum market value contained in the foregoing Minimum Assessment Agreement appears reasonable, hereby certifies as follows: The undersigned Assessor, being legally responsible for the assessment of the property subject to the development, upon completion of improvements to be made on it and in accordance with the Minimum Assessment Agreement, certifies that the actual value assigned to such land, building and equipment upon completion of the development shall not be less than One Hundred Thirty Five Thousand Five Hundred Eighty Five Dollars ($135,585) in the aggregate, until termination of this Minimum Assessment Agreement pursuant to the terms hereof. Assessor for Black Hawk County, Iowa Date STATE OF IOWA ) ) ss. COUNTY OF BLACK HAWK ) Subscribed and sworn to before me on , by , Assessor for Black Hawk County, Iowa. Notary Public RESOLUTION NO. 2011-257 RESOLUTION APPROVING SUPPLEMENTAL DEVELOPMENT AGREEMENT WITH MICHAEL NYGUYEN AND DIRECTING EXECUTION OF SAID AGREEMENT BY MAYOR. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Supplemental Development Agreement dated April 4, 2011, for redevelopment of a condominium in the former Winterbottom Supply building located at 25 Westfield Avenue, with a minimum assessment of $135, 585. 00, by and between Michael Nyguyen 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 4th day of April, 2011 . Ernest G. Clark, Mayor ATTEST: Suzy Sch res, CMC City Clerk CITY OF WATERLOO , IOWA 010414. TIto ,. , .40 COMMUNITY PLANNING AND DEVELOPMENT ��"� °S� 715 Mulberry Street • Waterloo,Iowa 50703-5783 • (319)291-4366 Fax(319)291-4262 er100 ' N0 i_ C.ANDERSON,Community Planning&Development Dtrectra CITY OF WATERLOO e, Mayor BUCK Council Communication CLARK City Council Meeting: April 4, 2011 Prepared: March 30, 2011 COt1NCil Dept. Head Signature: Noel Anderson, Community Planning & Development Director MEMBERS # of Attachments: 1 SUBJECT: Supplemental Development Agreement by Marc Del Rizzo for the DAVIT) redevelopment of his condominium in the former Winterbottom Supply building located at 25 .IONS!-; Westfield Avenue. Mr. Del Rizzo purchased one of the loft style condominium units. Wand I CAROLYN Submitted by: Noel Anderson, Community Planning & Development Director COLE Won!2 Recommended City Council Action: Resolution approving supplemental development agreement. 1-IAROLD (_`EfIY Summary Statement: As you may recall, the City of Waterloo entered into a Master {'"" Development Agreement with NCN Limited Company for the overall development of the QUENTIN former Winterbottom building. This was due to the plans to set up a condominium regime, H R and so each unit will come back separately under a Supplemental Development Agreement Wan -1 for their portion of the overall project. The drafting of the Master Agreement helped NCN Limited Company to state what incentives would be available for buyers into the project. RoN u✓E t..t l ,, The overall increase of assessed value for the former Winterbottom Building will raise from Word approximately $200,000 up to a minimum of $2,000,000. Each condominium Supplemental BOB Development Agreement will have a minimum value based on square footage of their GREENWOOD portion. The Master Agreement specified the following: t;l.ar a 1. Raise the assessed value of the site from $190,830 to a minimum value of $2,000,000. (Note rollback will apply for condo units). SrFVF 2 Will base a Minimum Assessment Agreement for each unit per a square footage SCHMITI lah, formula. 3. Will make each individual unit eligible for 7 years at 100% in tax rebates. Calculating the formula from the Master Development Agreement based on the amount of condominium space, common percentage ownership, storage space, and garage space, this Supplemental Agreement with Mr. Del Rizzo will have a minimum assessment agreement of$127,073 for the combined 2,668.54 sq. ft. of space. Expenditure Required: NA Source of Funds: NA Policy Issue: Economic Development within the City of Waterloo. CITY Y WEBSITE: wwwui.waterioo.ta.us WE'RE WORKING FOR YOU! An Equ&Opportunity/Affirmative Action Employer Alternative: NA Background Information: This conversion of the former Winterbottom building has been a great example of urban style Downtown Waterloo loft living options for many people to the area. More options for Downtown Waterloo residential development are a key component of the Downtown Waterloo Master Plan. Preparer Information: Chris Wendland, PO Box 596, Waterloo, Iowa 50704, (319) 234.5701 Individual's Name Street Address City Phone SPACE ABOVE THIS LINE FOR RECORDER SUPPLEMENTAL DEVELOPMENT AGREEMENT This Supplemental Development Agreement (the "Agreement") is made and entered into as of by and between Marc Del Rizzo (the "Developer"), and the City of Waterloo, Iowa (the "City"). WHEREAS, City and Developer, or Developer's predecessor in interest to the real property legally described on Exhibit "A" attached hereto (the "Property"), are parties to that certain Master Development Agreement (the "Master Agreement") dated as of December 5, 2005, and filed on July 26, 2006 as Doc No. 2007002170 in the office of the Black Hawk County Recorder; and WHEREAS, Developer is willing and able to renovate and develop the Property. NOW, THEREFORE, in consideration of the mutual covenants hereinafter contained, Developer and City agree as follows: 1 . Development. The parties hereby agree that Developer's Phase Area for purposes of this Agreement is 2,668.54 square feet and that the minimum actual value of the Property which shall be fixed for assessment purposes, without reduction due to application of applicable valuation rollbacks, after completion of Improvements shall be no less than $ 127,073 ("Minimum Actual Value"). 2. Minimum Assessment Agreement. Developer acknowledges and hereby agrees to the terms and conditions of Section 2 of the Master Agreement and that prior to the date set forth in Section 2 of Exhibit "B" it will not seek or cause a reduction in the actual valuation for the Property below the Minimum Actual Value, through: (i) willful destruction of the Property, the Improvements, or any part of either; (ii) a request to the assessor of Black Hawk County; or (iii) any proceedings, whether administrative, legal, or equitable, with any administrative body or court within the City, Black Hawk County, the State of Iowa, or the federal government. Developer agrees to sign a minimum assessment agreement in the form attached hereto as Exhibit "B" with respect to the Improvements. 3. Tax Rebates. Provided that Developer satisfies the conditions set forth in Section 3 of the Master Agreement, City agrees to property tax rebates as set forth in such Section 3 in the manner and on the terms stated therein. City shall pay rebates to Developer at least annually pursuant to a schedule to be determined by City. Developer's share of the January 1, 2005 taxable value ($190,830) referenced in the Master Agreement is 6.35 %, or $ 12,124.67 The taxable value of a given Phase Area as a result of the Improvements must be increased by a minimum of 10% and must increase the annual tax by a minimum of $500.00. This rebate program is not applicable to any special assessment levy, debt service levy, or any other levy that is exempted from treatment as tax increment financing under the provisions of applicable law. The first year of in which a rebate may be given ("Year One") shall be the first full year for which the assessment with respect to a Phase Area is based upon the completed value of the Improvements and not a prior year for which the assessment is based solely upon the value of the unimproved Phase Area. 4. Representations and Warranties. City hereby reaffirms and restates, as of the date of this Agreement, the representations and warranties of City set forth in the Master Agreement. Developer hereby affirms and states that the representations and warranties made by Company in the Master Agreement are, with respect to Developer, true and correct as of the date of this Agreement. 5. Incorporation by Reference. The parties hereby incorporate by reference the provisions of Sections 6 through 14, inclusive, of the Master Agreement as though said Sections were set forth in full in this Agreement. 6. Capitalized Terms. Each term in this Agreement that is capitalized but not defined herein shall have the meaning assigned to it in the Master Agreement. 7. Master Agreement. Developer acknowledges having read the Master Agreement and is familiar with the terms thereof. 2 8. Assignment. In the event of sale of the Property, the benefits and obligations of Developer under this Agreement shall automatically be transferred and conveyed to the new owner. Developer shall notify City within ten (10) days of any such transfer or sale. IN WITNESS WHEREOF, the parties have executed this Supplemental Development Agreement as of the date and year written above. Developer Marc Del Rizzo Date City of Waterloo, Iowa By: Ernest G. Clark, Mayor Date Attest: Suzy Schares, City Clerk Date 3 EXHIBIT "A" Unit 10 and the undivided 6.25% interest in the common elements appurtenant to said unit, "Westfield Lofts Condominium" recorded in Doc. #2006-07463 on September 16, 2005 and laid out on part of Lots 1 thru 5 and vacated Commercial Street, Block 4, James Eggers Addition to the City of Waterloo, Iowa, and part Lot 26, "Auditor's Falls Avenue and Mullan Avenue Plat" in Waterloo, Iowa. 4 EXHIBIT "B" MINIMUM ASSESSMENT AGREEMENT THIS MINIMUM ASSESSMENT AGREEMENT, dated as of , by and among the City of Waterloo, Iowa ("City"), Marc Del Rizzo ("Developer"), and the COUNTY ASSESSOR of the City of Waterloo, Iowa ("Assessor"). WITNESSETH: WHEREAS, on or before the date hereof the City and Developer have entered into a Supplemental Development Agreement (the "Agreement") regarding certain real property located in the City; and WHEREAS, it is contemplated that pursuant to said Agreement, the Developer will undertake the renovation and development of an area ("Project") within the City and within the "Downtown Urban Renewal Area." WHEREAS, pursuant to Iowa Code section 403.6, as amended, the City and the Developer desire to establish a minimum actual value for the land and improvements constructed thereon pursuant to the Agreement and applicable only to the development, which shall be effective upon substantial completion of the development, and from then until this Agreement is terminated pursuant to the terms herein and which is intended to reflect the minimum actual value of the land and building as to the development only; and WHEREAS, the City and the Assessor have reviewed the preliminary plans and specifications for the improvements which it is contemplated will be erected as a part of the development; NOW, THEREFORE, the parties to this Minimum Assessment Agreement, in consideration of the promises, covenants and agreements made by each other, do hereby agree as follows: 1. Upon substantial completion of construction of the above-referenced improvements by the Developer on the property described in Exhibit "A" attached hereto, the minimum actual value which shall be fixed for assessment purposes, not including any reduction due to application of applicable valuation rollbacks, for the land and improvements to be constructed thereon by the Developer as a part of the development shall not be less than $ $127,073 ("Minimum Actual Value") until termination of this Minimum Assessment Agreement. 2. The Minimum Actual Value herein established shall be of no further force and effect, and this Minimum Assessment Agreement shall terminate on, December 31, 2025. Nothing herein shall be deemed to waive the Developer's rights under Iowa Code section 403.6, as amended, to contest that portion of any actual value assignment made by the Assessor in excess of the Minimum Actual Value established herein. In no event, however, shall the Developer seek to reduce the actual value assigned below the Minimum Actual Value established herein during the term of this Agreement. The City shall not unreasonably withhold its consent to permit the Developer to contest its valuations in full, commencing with the assessment of January 1, 2026. 3. This Minimum Assessment Agreement shall be promptly recorded by the City with the Recorder of Black Hawk County, Iowa. The City shall pay all costs of recording. 4. Neither the preambles nor provisions of this Minimum Assessment Agreement are intended to, or shall be construed as, modifying the terms of the Agreement between the City and the Developer. 5. This Minimum Assessment Agreement shall inure to the benefit of and be binding upon the successors and assigns of the parties. IN WITNESS WHEREOF, the parties have entered this Minimum Assessment Agreement as of the date first written above. CITY OF WATERLOO, IOWA By: Ernest G. Clark, Mayor Attest: By: Suzy Schares, City Clerk 2 DEVELOPER Marc Del Rizzo STATE OF IOWA ) ) ss. COUNTY OF BLACK HAWK On this day of , before me, a Notary Public in and for the State of Iowa, personally appeared Ernest G. Clark and Suzy Schares, to me personally known, who being duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Waterloo, Iowa, a municipal corporation, created and existing under the laws of the State of Iowa, and that the seal affixed to the foregoing instrument is the seal of said municipal corporation, and that said instrument was signed and sealed on behalf of said municipal corporation by authority and resolution of its City Council, and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said municipal corporation by it and by them voluntarily executed. Notary Public STATE OF IOWA ) ) ss. COUNTY OF BLACK HAWK ) Acknowledged before me on , by Marc Del Rizzo. Notary Public 3 CERTIFICATION OF ASSESSOR The undersigned, having reviewed the plans and specifications for the improvements to be constructed and the market value assigned to the land upon which the improvements are to be constructed for the development, and being of the opinion that the minimum market value contained in the foregoing Minimum Assessment Agreement appears reasonable, hereby certifies as follows: The undersigned Assessor, being legally responsible for the assessment of the property subject to the development, upon completion of improvements to be made on it and in accordance with the Minimum Assessment Agreement, certifies that the actual value assigned to such land, building and equipment upon completion of the development shall not be less than One Hundred Twenty Seven Thousand Seventy Three Dollars ($127,073) in the aggregate, until termination of this Minimum Assessment Agreement pursuant to the terms hereof. Assessor for Black Hawk County, Iowa Date STATE OF IOWA ) ) ss. COUNTY OF BLACK HAWK ) Subscribed and sworn to before me on , by , Assessor for Black Hawk County, Iowa. Notary Public RESOLUTION NO. 2011-258 RESOLUTION APPROVING SUPPLEMENTAL DEVELOPMENT AGREEMENT WITH MARC DEL RIZZO AND DIRECTING EXECUTION OF SAID AGREEMENT BY MAYOR. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Supplemental Development Agreement dated April 4, 2011, for redevelopment of a condominium in the former Winterbottom Supply building located at 25 Westfield Avenue, with a minimum assessment of $127, 073 . 00, by and between Marc Del Rizzo 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 4th day of April, 2011 . 441f;4&:1 Ernest G. Clark, Mayor ATTEST: Suzy Sc aces, C City Clerk CITY OF WATERLOO tt Council Communication City Council Meeting: 4/4/11 Prepared: 3/30/11 Dept. Head Signature: # of Attachments: SUBJECT: Rock Salt for FY2012 Submitted by: Steve Decker, Street Supt. Recommended City Council Action: Approval Summary Statement: Rock Salt needed for FY2012 Snow&Ice Control Programs Expenditure Required: Yes Source of Funds: Road-Use Tax Funds Policy Issue: In accordance with City's Snow&Ice Control Policy Alternative: None Background Information: We recommend accepting the IDOT's contract extension with North American Salt for our FY2012 Snow&Ice Control Programs. FY2011 contract extension prices will be locked in at a 2% increase per ton ($70.83/T x 2%=$72.25/T) plus an adjustable fuel allowance that both increases and decreases by$.20 from a base price of$2.50/gallon. Accepting the IDOT's contract extension for rock salt ensures us of meeting our FY2012 snow and ice control needs at the lowest price possible. .a Arai, r, CITY OF WATERLOO , IOWA 011 m COMMUNITY PLANNING AND DEVELOPMENT ,�..r.. ..� S� 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319)291-4366 Fax(319)291-4262 ��el'gpo �� NO ;L C.ANDERSON,Community Planning&Development!Jirccrr-r f - CITY OF WATERLOO Miry or BUCK CLARK Council Communication COUNCIL City Council Meeting:A ril MEMBERS Prepared:April 1. 2010 Dept. Head Signatttrer ____ DAVID # of Attachments: JONES Ward I CAROLYN SUBJECT:The acceptance of a I.D.E.D (Iowa Department of Economic Development) (OLE Brownfield forgivable loan for the demolition of the former Francis Grout School building. g• HAROLD Submitted by: Noel Anderson Community Planning& Development Director GETTY Wad Recommended City Council Action: That the Waterloo City Council approve and accept a QUENTIN I.D.E.D (Iowa Department of Economic Development) Brownfield forgivable loan of$43,525 to l3AR I be used towards the demolition of the former Francis Grout School building. 174ud 4 RON Summary Statement It is staffs intention to demolish the former school and to make available the WEI.PER land for further residential development. i45- d$ BOB Expenditure Required N/A GREEN\\'(?O'' At Irrro Source of Funds N/A SIEVE; SUNMI"I I Policy Issue Demolition of Francis Grout School Ar Large Alternative Forgivable loan is specifically for the demolition of the former Francis Grout School Building. Background Information: In the past few years there have been(6) six new houses built in the block by John Rooff and the Housing Authority with an interest in building additional homes in the block where the school building currently stands. The sate of Iowa Brownfield grant is eligible for the removal of environmental elements. This grand funding will be used for the testing and removal of asbestos to begin the demolition process. Cc:Aric Schroeder CITY WEBSI TE:: www.ci.waterloo-ia.us £--- , WE'RE WORKING FOR YOU!O ��narert.ou An Equal 1 pporiuniCy/AHirmative Action Employer • I OWA February 18,2011 cha� ging Chris Western 4 7<f 41 City of Waterloo 715 Mulberry e ``,o y S r' � k Waterloo,IA 50703 • F '°s� 2 " I'll- NOTICE OF BOARD ACTION RE: Iowa Brownfield Redevelopment Program Application Award Date: February 17, 2011 $: Dear Mr. Western: I am pleased to inform you that the Iowa Economic Development Board (Board)has reviewed your application and intends to award the City of Waterloo a forgivable loan for $43,525 for your project in Waterloo, Iowa. In a few weeks, our office will send you the necessary contract documents to finalize the terms and conditions of your city's participation in this financial assistance award program. The contract documents must be signed by your authorized representatives, and IDED. This Notice of Board Action is subject to execution of a written contract. This Notice does not constitute the formation of a contract between the Iowa Department of Economic Development (IDED) and the City of Waterloo. You do not acquire any legal or equitable rights until a contract containing the terms and conditions acceptable to IDED has been executed. Incurring costs related to this Project before a contract is signed is a risk analysis decision for the City of Waterloo. Until a contract is executed, IDED has no obligation to authorize benefits for allowable Project costs. If a contract is not signed, those costs will not be reimbursed by IDED. If a contract is executed, IDED's standard contract language permits expenditures as of the Award Date stated in this letter to be eligible Project costs. The Iowa Department of Economic Development looks forward to working with the City of Waterloo on this important economic development project. We are very pleased that you have chosen to make such a significant investment in Iowa. Should you have any questions regarding this award, please contact your project manager, Matt Rasmussen at 515-725-3126. Sincerely, Deborah V. Durham Director DVD/mr cc: Senator William Dotzler Senator Jeff Danielson Representative Deborah Berry Representative Walt Rogers Representative Anesa Kajtazovic Mayor Ernest G. Clark Terry E.Branstad,Governor IOWA DEPARTMENT OF ECONOMIC DEVELOPMENT Kim Reynolds,Lieutenant Governor Debi V.Durham,Director a 200 East Grand Avenue,Des Moines,Iowa USA 50309 Phone:515.725.3000 < Fax:515.725.3010 f' www.iowalifechanging.com IOWA changing' Please have an authorized representative sign this page and return it to the IDED if you intend to accept this Award. The City of Waterloo,Iowa acting by and through its duly authorized officers, hereby accepts the award described in this letter (Award), acknowledges that receipt of this Award is contingent upon the satisfaction of all conditions of the Redevelopment Program, the availability of funds to IDED with respect to the Award, and the execution of the contract; and agrees to be bound by all program requirements of the Iowa Redevelopment Program and the contract that may be executed by the parties with respect to this Award. The City of Waterloo,Iowa: By: Name: Tide • Terry E.Branstad,Governor IOWA DEPARTMENT OF ECONOMIC DEVELOPMENT Kim Reynolds,Lieutenant Governor Debi V.Durham,Director g 200 East Grand Avenue,Des Moines,Iowa USA 50309 K Phone:515.725.3000 Fax:515.725.3010 www.iowalifechanging.corn RESOLUTION NO. 2011-260 RESOLUTION APPROVING AGREEMENT WITH IOWA DEPARTMENT OF ECONOMIC DEVELOPMENT AND DIRECTING EXECUTION OF SAID AGREEMENT BY MAYOR. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the agreement dated April 4, 2011, for a Brownfield forgivable loan in the amount of $43, 525 . 00, for the demolition of the former Francis Grout School building, by and between the Iowa Department of Economic Development 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 4th day of April, 2011 .4GG4r4- 7e1457 E . Clark, Mayor ATTEST: _ Sjk CA Suzy Scha es, CMC City Clerk ,�,� ji,. CITY OF WATERLOO , IOWA /441.41 ii\s.s........j� p �`�� COMMUNITY DEVELOPMENT ly-T» m 620 Mulberry Street,Carnegie Annex • Waterloo, IA 50703 • (319)291-4429 Fax(319)291-4431 Bucx CITY OF WATERLOO ,___,Dx- d. k6ii /' CLARK Council Communication COUNCIL City Council Meeting: April 4, 2011 MEMBERS Prepared: March 7.8 2011/> 1 Dept. Head Signature: i`kny/ CICO;I— #of Attachments: 1 1 DAVID JONES SUBJECT: Waterloo/Cedar Falls HOME Consortium Ward 1 FY2017 One-Yeas Action Plan - CDRG and HOME Program Funds CAROLYN COLE Submitted by: Rudy D Junes, Community Development Director Ward 2 Recommended City Council Action: We request authorization to set the date for a HAROLD public hearing on Monday, April 18, 2011 to review the proposed funding GETTY • recommendations set forth by the Community Development Board for CDBG and HOME Ward 3 Program funds for the FY2012 Waterloo/Cedar Falls OME Consortium Consolidated QUENTIN M. Plan application. Attached is a copy of the proposed program recommendations. As of HART this date, we have prepared an estimated allocation. We are hopeful that a final Ward 4 application award will be available to us by the time of the public hearing. RON Summary Statement: A 30-day public comment period was advertised from March 2, WELPER 2011 through March 31, 2011 on the proposed one-year action plan. To date, no Ward 5 comments have been received. Any comments provided by the end of the comment period will be included with our plan submission. BOB GREENWOOD Following the public hearing we request your approval and authorization to submit this At-Large `LY$e application to the U. S. Department of Housing and Urban Development for review and STEVE approval, before May 15, 2011. SCHMITT At-Large Source of Funds: CDBG and HOME Program Funds Background Information: The Community Development Board approved the attached recommendations on 2/15/11. J:\ANN-N\YEARDATA\Consol Plan\B1l-FY12\Submit App MC Ltr.doc lbCITY WEBSIIE:www.cityofwaterlooiowa.com EQUAL HOUSING WE'RE WORKING FOR YOU! OPPORTUNITY An Equal Opportunity/Affirmative Action Employer FY2012 CDBG AND HOME PROGRAMS - COMMUNITY DEVELOPMENT BOARD RECOMMENDATIONS 2-15-11 BOARD Activity CDBG Organization Recommendation City of Waterloo! Engineering Department $ 18,500 FY2012 Sidewalk Repair-Zone 1 City of Waterloo/Leisure Services $ 27,500 Sullivan Park Shelter—E. 4`h&Adams Clearance and Demolition $ 46,000 Demolition of Vacant Dilapidated Structures Consumer Credit Counseling Services of NE Iowa $ 12,000 MoneyMap Financial Literacy Emergency Repairs $ 100,000 Emergency Repair for Single Family Rehabilitation Eye of the Needle (L.O.F.T.) $ 5,000 Provide Clothing, Basic Needs and Transportation General Program Administration (20% of allocation) $ 276,000 CDBG Administration House of Hope $ 20,000 222 Walnut, Replace Fire Escape,Wood&Cement Stairs Neighborhood Services $ 75,000 City Liaison with Neighborhoods Northeast Iowa Center for Independent Living $ 10,000 Operation Accessibility—Wheelchair Ramps Food Bank Capital Campaign -"Setting the Table of Northeast Iowa Food Bank $ 50,000 Hope"-Year 3 Operation Threshold $ 14,000 Weatherization-Plus Program Pathways Behavioral Services, Inc. Junkman/Knoebel Center $ 7,310 Flooring for Pathways' Junkman/Knoebel Center Rehabilitation Administration $ 213,690 Rehabilitation Project Delivery Costs Single Family Rehabilitation $ 500,000 Single Family Owner-Occupied Rehabilitation Green Iowa AmeriCorps Home Weatherization - University of Northern Iowa $ 5,000 Materials Only TOTAL CDBG REQUESTS $ 1,380,000 HOME Organization 2-15-11 BOARD Activity g Recommendation City of Cedar Falls $ 75,000 Annual Allocation -HOME Consortium Down Payment Assistance—First Time Home Buyers City of Waterloo, Down Payment Assistance $ 59,500 in the CURA Area Iowa Heartland Habitat for Humanity Affordable Homes-New Construction— (CHDO Request) $ 91,500 Irving School Site Operation Threshold $ 35,000 Tenant Based Rental Assistance Program Single Family Rehabilitation $ 258,000 Single Family Owner-Occupied Rehabilitation Sommerfelt Family Housing, LLC $ 30,000 Rental Enhancement Neighborhoods &Tenants(RENT) Administration (10% of allocation) $ 61,000 HOME Administration TOTAL HOME REQUESTS $ 610,000 RESOLUTION NO. 2011-261 RESOLUTION FIXING THE TIME AND PLACE OF HEARING TO BE GIVEN ON THE PROPOSED FUNDING RECOMMENDATIONS FOR COMMUNITY DEVELOPMENT BLOCK GRANT AND HOME PROGRAM FUNDS FOR THE FY2012 WATERLOO/CEDAR FALLS HOME CONSORTIUM CONSOLIDATED PLAN APPLICATION, AS APRIL 18, 2011, AT 5: 30 P.M. IN THE CITY HALL COUNCIL CHAMBERS IN CITY HALL AND INSTRUCTING THE 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 18th day of April, 2011, for the purpose of considering and acting upon proposed funding recommendations for Community Development Block Grant and HOME Program Funds for the FY2012 Waterloo/Cedar Falls Home Consortium Consolidated Plan application. 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 4th day of April, 2011 . nest G. Clark, Mayor ATTEST: { zy Sch res, CMC City Cle k .fry 'C $ T OF WATERLOO IOWA (ff COMMUNITY PLANNING AND DEVELOPMENT Y O 7 au' f-.;ry c nt Waterloo, Iowa 507G3 i7R3 i r 9j r91 1 F t Fax{319'2fa iri G '2 BIfQQ 'SOO T! L.ANDFRSON.Convstan ry CITY OF WATERLOO 1 1 g;96 t � U Council Communication City Council Meeting:A ril 2 Prepared: March 30, 2011 ()UM_IL Dept. Head Signature�� !'i Phi B1-Ith # of Attachments: _ __ DAVIn SUBJECT: Request by Fidelity Towers for approval of a lease agreement to allow for the construction of 'ONES a 120' stealth monopole tower and equipment at Morris Park located at the corner of Ridgeway Avenue and 11th Street. )C.E? Submitted by:Noel Anderson, Community Planning&Development Director Recommended City Council Action:That the City Council set a date of public hearing on the lease agreement with Fidelity Towers and publish an official notice pertinent to the requested lease. Summary Statement: The term of the lease agreement is for five (5)years with five (5) extension terms for five (5) successive five (5)year periods. Monthly payment for the first term is $800 per month for a total of$9,600 a year. The Rent will increase by Fifteen Percent(15%)with each Renewal Term. RO,N, The proposed tower is a 120'Stealth Monopole structure with internal antenna's and room for co- w EL PER locators.The applicant would be leasing a 2,500 SF area for the tower and equipment,which will be ,,t' enclosed by a 6' tall chain link fence.The applicant has noted that they are proposing the tower in order 3(1B to provide better coverage in that area, and have provided coverage maps showing the coverage GRE:F:N WOOD difference in the area with and without the proposed tower. �r-ra„7c The Planning and Zoning Commission on March 1, 2011,voted to approve the construction of the STE\`' 120' Monopole Stealth Cell Tower.At March 22, 2011 the Board of Adjustment meeting a special scHi 4 permit was granted to the applicant to allow for the construction of the cell tower. Expenditure Required:N/A Source of Funds:N/A Policy Issue: Leasing of City owned property Alternative:Deny lease leave park as is Background Information:The Leisure Services Commission recommended approval of the proposed lease at their March 2011 meeting as the tower is located in a location on the park site not generally used by public. Cc Aric Schroeder,City Planner (-try Y WEt3SI IT: wwwci.water`oo.i us WE'RE WORKING FOR YOU' at r, o Ar c.quai Opportunity/A(rrrna:ive Acii-n 6nployer OPTION AND LAND LEASE AGREEMENT This Option and Land Lease Agreement("Agreement")entered into as of the date set forth on the signature page hereof,by and between City of Waterloo,Iowa,acting by and through the Leisure Services Commission,formerly known as the Board of Park Commissioners, whose address is City of Waterloo,Iowa City Hall, 715 Mulberry Street,Waterloo, Iowa 50703 ("Owner") and Fidelity Towers Inc.,a Nevada corporation,whose address is 7539 East Stroh Road,Parker, CO 80134("Tenant"),provides for the granting and leasing of certain property interests on the following terms: For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. PROPERTY. Subject to the terms and conditions as provided herein, the property interests hereby leased and granted by Owner("Premises")shall include the following: 1. Real property comprised of approximately Twenty-five hundred(2500)square feet of land 2. Non—exclusive easement required to run utility lines and cables 3. Non—exclusive easement across Owner's Property(hereinafter defined)for access IN OR UPON THE Owner's real property("Owner's Property") located near the intersection of East Ridgeway Avenue and W. 11`s Street in Waterloo, Black Hawk County, State of Iowa, which Owner's Property is otherwise identified as Parcel # 8913-36-353-002, and more particularly described on Exhibit "A" and the Premises which are more particularly described on Exhibit "B" both exhibits of which are attached hereto and incorporated herein by this reference as if fully set forth. 2. OPTION. In consideration of the sum of FIVE HUNDRED AND NO/100 DOLLARS ($500.00) (the "Option Money"), to be paid by Tenant to Owner within thirty (30) days of Tenant's execution of this Agreement, and subject to delivery of the Option Money, Owner hereby grants to Tenant the exclusive right and option (the "Option")to lease the Premises in accordance with the terms and conditions set forth herein. Tenant's obligation to pay the Option Money is contingent upon Tenant's receipt of a W-9 form setting forth the tax identification number or social security number of Owner, person or entity,to whom the Option Money is to be made payable as directed in writing by Owner. OPTION PERIOD. The Option may be exercised at any time within Twelve (12) months of the execution of this Agreement by all parties (the "Option Period"). At Tenant's election and upon Tenant's written notice to Owner and delivery of an additional payment of FIVE HUNDRED AND NO/100 DOLLARS ($500.00) to Owner prior to expiration of the Option Period, the Option Period may be further extended for an additional Twelve(12)months. The Option Period may be further extended by mutual written agreement of the parties at the same rate as set forth hereinabove. If Tenant fails to exercise the Option within the Option Period as it may be extended as provided herein, the Option shall terminate, and all rights and privileges granted hereunder shall be deemed surrendered. Owner shall retain all money paid for the Option, and no additional money shall be payable from either party to the other. Tenant shall not commence construction of the Communication Facility (as defined herein)before the Commencement Date(as hereafter defined).During the Option Period,Tenant may conduct Tests (as defined in Paragraph 5(1)below)on the Owner's Property. Upon the conclusion of the Tests, the Premises shall be returned to Owner in substantially similar condition as it was prior to the commencement of the Tests. CHANGES IN PROPERTY DURING THE OPTION PERIOD. If during the Option Period or any extension thereof, or during the term of this Agreement if the Option is exercised, Owner decides to sell, subdivide, or change the status of the zoning of the Premises or Owner's Property, Owner shall immediately notify Tenant in writing.Any sale of Owner's Property shall be subject to Tenant's rights under this Agreement. Owner agrees that during the Option Period or any extension thereof,or during the term of this Agreement if the Option is exercised, Owner shall not initiate or consent to any change in the zoning of Owner's Property or consent to any other restriction that would prevent or limit Tenant from using the Premises for the uses intended by Tenant as hereinafter set forth in this Agreement. Site Name: Waterloo,IA 3. TERM. The term of this Agreement shall be five (5)years commencing on the date ("Commencement Date") specified in Tenant's written notice to Owner that Tenant is exercising the Option, and terminating on the fifth annual anniversary of the Commencement Date (the "Term"), unless otherwise terminated as provided in Paragraph 16. In no event will the Commencement Date be any later than the date that Tenant begins construction of the Communications Facility(as such term is defined in Paragraph 5 below). Tenant shall have the right to extend the Term for five (5) successive five (5) year periods (each a "Renewal Term" and collectively the "Renewal Terms") on the same terms and conditions as set forth herein. This Agreement shall automatically be extended for each successive Renewal Term unless Tenant notifies Owner,in writing, of its intention not to renew prior to commencement of the succeeding Renewal Term. 4. RENT. (a)Tenant shall pay to Owner an annual lease fee of NINE THOUSAND SIX HUNDREDAND 00/100 DOLLARS ($9,600.00) ("Rent") in monthly payments of EIGHT HUNDRED AND 00/100 DOLLARS ($800.00) commencing on the Commencement Date and on the first day of each month thereafter. If the obligation to pay Rent commences or ends on a day other than the first day of the month,then the Rent shall be prorated for that month. The Rent shall increase by Fifteen Percent(15%) with each Renewal Term. The first Rent payment shall be delivered within twenty(20)business days of the Commencement Date. 5. USE. (a) Subject to the terms and conditions of this Agreement and only after the Option to lease the Premises is exercised, Tenant may use the Premises for the purpose of constructing, installing, removing, replacing, maintaining and operating a communications facility subject to such modifications and alterations as required by Tenant(collectively, the "Communications Facility"), provided that Tenant shall not be required to occupy the Premises. The Communications Facility may include,without limitation,a tower,antenna arrays, dishes, cables, wires, temporary cell sites, equipment shelters and buildings, electronics equipment, generators, and other accessories. Owner shall provide Tenant with twenty four(24)hour, seven(7)day a week,year-round access to the Premises. Tenant shall construct a fence around the Premises subject to the zoning and building permit requirements of the governing municipality. Tenant agrees to comply with all applicable governmental laws, rules, statutes and regulations, relating to its operation, construction and use of the Communications Facility on the Premises. Tenant shall be responsible for maintaining any access road to the Premises. Tenant shall have the right to park its vehicles on Owner's Property within fifty(50)feet of and immediately adjacent to the Premises when Tenant is constructing, removing, replacing, and/or servicing its Communications Facility, provided that Tenant remedies any damage caused by such vehicles. (b)The Communications Facility and all modifications,repairs and maintenance shall be constructed to industry standards and in a workmanlike manner,in accordance with this Agreement. (c) Tenant shall make proper arrangements for receiving, handling, storage and installation of its equipment and other personal property. Owner shall not be liable for any loss, damage or injury to properties of any kind that are shipped or otherwise delivered to or stored in or on the Premises or Owner's Property,except to the extent caused by the gross negligence or willful misconduct of Owner, its employees, agents, or contractors. Owner shall assume no responsibility for losses suffered by Tenant, its agents, employees or invitees,which are occasioned by theft except to the extent such loss, damage or injury is caused by the gross negligence or willful misconduct of Owner,its employees,agents,or contractors. (e) Owner shall timely pay all real property taxes and assessments against the Owner's Property. Tenant shall pay any increase in real property taxes, directly or via reimbursement to Owner, attributed to the Premises and any of the improvements thereon within thirty (30) days of receipt from Owner of a copy of said tax bill evidencing such an increase. Tenant shall pay all personal property taxes attributed to the Premises and any improvements thereon. (f) During the Option Period, Tenant, its agents and contractors, are hereby granted the right, at Tenant's sole cost and expense, to enter upon the Owner's Property and conduct such studies, as Tenant deems necessary to determine the Premises' suitability for Tenant's intended use. These studies may include surveys, soil tests, environmental evaluations, radio wave propagation measurements, field strength tests and such other analyses and studies, as Tenant deems necessary or desirable (collectively, the "Tests"). Tenant shall not be liable to Owner or any third party on account of any pre-existing defect or condition on or with respect to Owner's Property, whether or not such defect or condition is disclosed by the Tests. Following completion of any testing activities,Tenant shall restore the Premises as nearly as possible to its previous condition. (g) Throughout the term of this Agreement, Owner shall cooperate with Tenant and execute all documents required to permit Tenant's intended use of the Premises in compliance with zoning, land use,utility service, and for building regulations. Notwithstanding any contrary statement in this paragraph or this Site Name: Waterloo,IA Agreement, Tenant acknowledges that Owner is a governmental authority possessing regulatory power with respect to certain project approvals and that in reviewing or taking action upon any request for approval Owner will not extend to Tenant any special consideration that is not generally made available to any other party making a substantially similar request for approval. Subject to the foregoing, Owner shall not take any action that would adversely affect Tenant's obtaining or maintaining any governmental approval. Owner agrees to cooperate promptly and in good faith with any request from Tenant relating to making such filings and taking such actions as are necessary to obtain any desired zoning, land use approvals and/or building permits required for Tenant's intended use of the Premises. 6. SUBLEASING. Tenant has the right to sublease any portion of the Premises during the Term and Renewal Terms of this Agreement, without Owner's consent, subject to the following conditions (i) the term of the sublease may not extend beyond the Term and any Renewal Terms of this Agreement, (ii) all subleases are subject to all the terms, covenants, and conditions of this Agreement, and (iii) all subleases shall require that antennas and equipment placed on the tower do not increase its overall height or diameter . Any sublease not meeting these aforementioned criteria shall require Owner's consent, prior to installation of antennas and equipment. It is contemplated that all subleases shall be of the right to affix antennas and related equipment on the tower,and not of the right to erect any additional tower on the Premises. 7. ASSIGNMENT. (a) Tenant shall have the right to freely assign or transfer its rights under this Agreement, in whole or in part,to its holding company,or any company that acquires substantially all of Tenant's assets,at any time, without Owner's consent. Tenant shall have the right to assign or transfer its rights under this Agreement, in whole or in part,to any person or any business entity at any time,upon prior written consent of Owner,which shall not be unreasonably withheld. After delivery by Tenant of an instrument of assumption by an assignee that assumes all of the obligations of Tenant under this Agreement to Owner, Tenant will be relieved of all liability thereafter accruing after the date of such assignment. (b) Tenant may assign, pledge, mortgage or otherwise encumber its interest in this Agreement to any third party (a "Leasehold Lender") as security for any loan to which Owner hereby consents to without requirement of further evidence of such consent. The Leasehold Lender may secure its interest in such a loan by Tenant's grant of (i) a leasehold mortgage and assignment of rents, leases, contracts, etc. (the "Leasehold Mortgage") encumbering all of Tenant's interest in this Agreement and the Premises; (ii) a security agreement and other security documents(the"Security Agreements")that will encumber and grant a security interest in all of Tenant's now or hereafter existing tangible or intangible personal property located on, derived from, or utilized in connection with the Premises and the Agreement(collectively the"Personal Property"). 1. Successors. Any Leasehold Lender under any note or loan secured by a Leasehold Mortgage or deed of trust lien on Tenant's interest (or any successor's interest to Tenant's interest) who succeeds to such interest by foreclosure,deed in lieu of foreclosure, or otherwise, may take title to and shall have all of the rights of Tenant under this Agreement including the right to exercise any renewal option(s) or purchase option(s) set forth in this Agreement,and to assign this Agreement as permitted hereunder. 2. Default Notice. Owner shall deliver to the initial Leasehold Lender and any subsequent Leasehold Lender(s) (for such subsequent Leasehold Lender(s) at the address as Tenant or Leasehold Lender shall affirmatively inform Owner by written notice hereof) a copy of any default notice given by Owner to Tenant under this Agreement. No default notice from Owner to Tenant shall be deemed effective against the Leasehold Lender unless sent to the notice address for Leasehold Lender (if provided to Owner as set forth herein) or as amended from time to time. 3. Notice and Curative Rights. If Tenant defaults on any monetary obligations under this Agreement then Owner shall accept a cure thereof by the Leasehold Lender within thirty(30)days after Leasehold Lender's receipt of written notice of such default. For non-monetary defaults, Owner will not terminate this Agreement for so long as Leasehold Lender is diligently pursuing a cure of the default, provided such period of time shall not exceed sixty (60) days without Owner's prior written consent, and if curing such non-monetary default requires possession of the Premises then Owner agrees to give the Leasehold Lender a reasonable period of time to obtain possession of the Premises and to cure such default. 4. No Amendment. This Agreement may not be amended in any respect which would be reasonably likely to have a material adverse effect on Leasehold Lender's interest therein and this Agreement will not be surrendered, terminated or cancelled either (i) by Tenant without the prior written consent of the Leasehold Lender,or(ii)by Owner without prior written notice to the Leasehold Lender as provided for herein. Site Name: Waterloo,IA 5. New Lease. If this Agreement is terminated for any reason or otherwise rejected in bankruptcy then Owner may enter into a new lease with Leasehold Lender(or its designee)on the same terms as this Agreement as long as Leasehold Lender pays all past due amounts and cures any other non-monetary default under this Agreement within thirty(30)calendar days of notice of such termination. 6. Subordination. Owner may,in its sole discretion,agree that all right,title and interest of the Owner in and to any collateral encumbered by the Leasehold Mortgage or Security Agreements in favor of Leasehold Lender, may be subordinated and made subject, subordinate and inferior to the lien and security interest of the Leasehold Mortgage and Security Agreements, which subordination shall remain in effect for any modifications or extensions of the Leasehold Mortgage and Security Agreements. 7. Leasehold Lender/Third Party Beneficiary. Any Leasehold Lender shall be considered a third party beneficiary of the terms and conditions of this Agreement. 8. Notice. Notices to Leasehold Lender shall be sent to such address as provided to Owner by Tenant from time to time and as may be amended from time to time by written notice to Owner from Tenant. 8. TRANSFER WARRANTY. During the term of this Agreement, Owner covenants and agrees that it will not grant, create,or suffer any claim,lien,encumbrance,easement,restriction,or other charge or exception to title to the Owner's Property and the Premises that adversely affects Tenant's rights under this Agreement. Upon Tenant's prior written consent, Owner may sell, lease, transfer, grant a perpetual easement or otherwise convey all or any part of the Owner's Property to a transferee and such transfer shall be under and subject to this Agreement and all of Tenant's rights hereunder. It is agreed that in no event will Owner allow any sale, lease, transfer,or grant of easement that adversely affects Tenant's rights under this Agreement. 9. UTILITIES. Tenant shall have the right, at its sole expense, to install or improve utilities servicing Owner's Property(including, but not limited to, the installation of emergency power generators, power lines and utility poles). Payment for electric service and for telephone or other communication services to the Communications Facility shall be Tenant's sole responsibility. At no cost or expense to Owner, Owner agrees to cooperate with Tenant in its efforts to obtain, install and connect the Communications Facility to existing utility service at Tenant's expense.Notwithstanding the foregoing, Tenant shall secure its own metered electrical supply. To the greatest extent feasible, power lines and other utilities to serve the Communications Facility will be located underground. 10. OWNERSHIP OF COMMUNICATIONS FACILITY. All portions of the Communication Facility will be and remain Tenant's personal property and,at Tenant's option,may be removed by Tenant at any time during the Term or any Renewal Term. Owner covenants and agrees that no part of the Communication Facility constructed, erected or placed on the Premises by Tenant will become, or be considered as being affixed to or a part of, Owner's Property, it being the specific intention of the Owner that all improvements of every kind and nature constructed, erected or placed by Tenant on the Premises will be and remain the property of the Tenant and may be removed by Tenant at any time during the Term or any Renewal Term. 11. MAINTENANCE. Tenant will use best efforts to maintain the Premises in good condition and state of repair. Except insofar as Tenant is made responsible by this Agreement, Owner will maintain the Owner's Property surrounding the Premises in good condition and state of repair. 12. REMOVAL OF COMMUNICATIONS FACILITY.Upon written request of Owner, to be given within ten (10) days of the expiration or earlier termination of this Agreement, or at Tenant's option, above-ground improvements, including but not limited to all personal property and trade fixtures of Tenant, specifically including the tower, fences, concrete pads and buildings, as well as any foundation down to a depth of four(4) feet below grade level shall be removed by Tenant within sixty (60) days after the expiration or earlier termination of this Agreement, and Tenant, at its sole expense, shall restore Owner's Property as nearly as possible to its condition before construction of Tenant's improvements. If Tenant's personal property and trade fixtures are not removed within sixty(60) days after expiration or termination of this Agreement, said property will be deemed to be abandoned and will become the property of Owner. Following abandonment,Tenant shall be liable for all costs incurred by Owner to dismantle, demolish or remove Tenant's improvements as set forth above. Site Name: Waterloo, IA 13. INSURANCE. Tenant shall maintain commercial general liability insurance insuring Tenant against liability for personal injury, death or damage to personal property arising out of use of the Premises by Tenant or any agent or independent contractor of Tenant, with combined single limits of One Million Dollars ($1,000,000). Certificates or copies of said policies,naming Owner as an additional insured,and providing for thirty(30)days' advance notice to Owner before cancellation,shall be delivered to Owner no later than the Commencement Date. A renewal certificate shall be provided to Owner prior to expiration of any policy. 14. CONDITION OF PROPERTY. Owner represents,to the best of its knowledge that the Owner's Property and all improvements thereto, if any, are in compliance with all building, life/safety, and other laws of any governmental or quasi-governmental authority. The parties agree that Owner shall have no responsibility to prepare the Property in any way for Tenant's use. It is currently contemplated that no trees will need to be removed to allow construction and operation of the Communications Facility, and in no event will any trees be removed without the prior written consent of Owner. 15. TERMINATION BY TENANT. Tenant may terminate this Agreement at any time, in its sole discretion by giving written notice thereof to Owner not less than thirty(30)days prior to the Commencement Date. Further, this Agreement may be terminated by Tenant immediately, at any time, upon giving written notice to Owner, if (a) Tenant cannot obtain all governmental certificates, permits, leases or other approvals (collectively, "Approvals") required and/or any easements required from any third party, or (b) any Approval is canceled, terminated, expired or lapsed, or (c) Owner fails to deliver any required non-disturbance agreement or subordination agreement, or(d) Owner breaches a representation or warranty contained in this Agreement and such breach is not cured within thirty (30) days of written notice from Tenant to Owner, or (e) Owner fails to have proper ownership of the Owner's Property and/or authority to enter into this Agreement, or (f) Tenant determines that the Owner's Property contains substances of the type described in Section 18 of this Agreement and such substances were not the result of Tenant's use of the Property, or (g) Tenant determines that the Premises is not appropriate for its operations for economic,environmental or technological reasons. 16. INDEMNITY. Owner and Tenant hereby agree to indemnify and defend each other against, and to hold harmless each other from, any and all costs (including reasonable attorney's fees and expenses) and claims, actions, damages, obligations, liabilities and liens which arise out of(a) the breach of this Agreement by the indemnifying party; and (b) the use and/or occupancy of the Premises, or the balance of the Owner's Property, by such indemnifying party. This indemnity shall not apply to any claims, actions, damages, obligations, liabilities and liens arising from any negligent acts or omissions or intentional misconduct of the indemnified party and shall survive the termination of this Agreement. These provisions of the Agreement relating to indemnification shall survive any termination or expiration of this Agreement. 17. HAZARDOUS SUBSTANCES. Owner represents that to the best of its knowledge there is no substance, chemical, or waste on the Owner's Property that is identified as hazardous,toxic or dangerous in any applicable federal, state or local law or regulation. Owner shall hold Tenant harmless from and indemnify Tenant against any damage, loss, expense, response costs, or liability, including consultant fees and attorneys' fees resulting from the presence of hazardous substances on, under or around the Owner's Property or resulting from hazardous substances being generated, stored, disposed of, or transported to, on, under, or around the Owner's Property as long as the hazardous substances were not generated,stored,disposed of,or transported by Tenant or its employees, agents or contractors. Owner and Tenant agree that each will be responsible for their respective compliance with any and all environmental and industrial hygiene laws, including any regulations, guidelines, standards, or policies of any governmental authorities regulating or imposing standards of liability or standards of conduct with regard to any environmental or industrial hygiene condition or other matters as may now or at any time hereafter be in effect, that are now or were related to that party's activity conducted in or on the Owner's Property. Owner and Tenant shall hold each other harmless from and indemnify and defend each other against any damage, loss, expense, response costs, or liability, including reasonable consultant fees and attorneys' fees resulting from the indemnifying party's failure to comply with any environmental or industrial hygiene law, including without limitation any regulations, guidelines, standards or policies of any governmental authorities regulating or imposing standards of liability or standards of conduct with regard to any environmental or industrial hygiene conditions or matters as may now or hereafter be in effect. Site Name: Waterloo,IA 18. CASUALTY/CONDEMNATION. (a) If any portion of the Owner's Property or Communication Facility is damaged by any casualty and such damage adversely affects Tenant's use of the property, or if a condemning authority takes any portion of the Owner's Property and such taking adversely affects Tenant's use of the Owner's Property, this Agreement shall terminate as of the date of casualty or the date the title vests in the condemning authority,as the case may be if Tenant gives written notice of the same within thirty(30)days after Tenant receives notice of such casualty or taking. The parties shall be entitled to make claims in any condemnation proceeding for value of their respective interests in the Property(which for Tenant may include, where applicable, the value of the Communications Facility, moving expenses, prepaid Rents, and business dislocation expenses). Sale of all or part of the Owner's Property including the Premises to a purchaser with the power of eminent domain in the face of the exercise of the power shall be treated as a taking by condemnation. (b)Notwithstanding anything in this Agreement to the contrary, in the event of any casualty to or condemnation of the Premises or any portion thereof during such time as any Leasehold Mortgage shall remain unsatisfied,the Leasehold Lender shall be entitled to receive all insurance proceeds and/or condemnation awards applicable to the Premises (up to the amount of the indebtedness secured by the Leasehold Mortgage) otherwise payable to Tenant and apply them in accordance with the Leasehold Mortgage and shall have the right, but not the obligation,to restore the Premises. 19. LIENS. Neither Tenant,nor anyone claiming by,through or under Tenant, shall have the right to place any lien, mortgage or encumbrance upon the Premises during the Term or any Renewal Term of this Agreement, except as provided by Section 7. If any such lien,mortgage or encumbrance,except as provided by Section 7, is placed on the Premises,Tenant shall promptly undertake such action as is necessary to have it released or removed. 20. QUIET ENJOYMENT. Tenant, upon payment of the Rent, shall peaceably and quietly have, hold and enjoy the Premises. If, as of the date of execution of this Agreement or hereafter, there is any mortgage, or other encumbrance affecting Owner's Property, then Owner agrees to use its best efforts to obtain from the holder of such encumbrance a Non-Disturbance and Attomment Agreement that Tenant shall not be disturbed in its possession,use, and enjoyment of the Premises,provided it is not in default of the Agreement. Owner shall not cause or permit any use of Owner's Property that interferes with or impairs the quality of the communication services being rendered by Tenant from the Premises. Owner shall not grant any other person or entity the right to operate a wireless communication facility on Owner's Property without the express written consent of Tenant. Except in cases of emergency threatening life and/or personal property, Owner shall not have access to the Premises unless accompanied by Tenant personnel. 21. DEFAULT. Except as expressly limited herein, Owner and Tenant shall each have such remedies for the default of the other party hereto, as may be provided at law or equity and including the right to terminate this Agreement, following written notice of such default described in reasonable detail with a demand to cure and failure to cure the same within thirty (30) days. For non-monetary defaults, Owner will not terminate this Agreement for so long as Tenant is diligently pursuing a cure of the default provided such period of time shall not exceed sixty(60)days from receipt by Tenant of notice and demand to cure. If pursuant to the provisions of this Agreement or as a matter of law, Owner shall have the right to terminate this Agreement, then (a) Owner shall take no action to terminate the Agreement without first giving to the Leasehold Lender written notice of such right, a description of the default in reasonable detail, and a reasonable time thereafter not to exceed sixty (60)days from the receipt of such notice, (i)in the case of a default susceptible of being cured by the Leasehold Lender, to cure such default or (ii) in the case of a default not so susceptible of being cured by the Leasehold Lender,to institute,prosecute and complete foreclosure proceedings to otherwise acquire Tenant's interest under this Agreement;provided however,that the Leasehold Lender shall not be obligated to continue such possession or continue such foreclosure proceedings after such default shall have been cured, and (b) absent a Leasehold Lender,Owner may only exercise its right to terminate by providing written notice of termination to Tenant. 24. ESTOPPEL CERTIFICATES. Owner shall from time to time, within fourteen (14) days after receipt of request by Tenant,deliver a written statement addressed to Tenant or any Leasehold Lender certifying: (a) that this Agreement is unmodified and in full force and effect (or if modified that this Agreement as so modified is in full force and effect); Site Name: Waterloo,IA (b) that the agreement attached to the certificate is a true and correct copy of this Agreement, and all amendments hereto; (c) that to the knowledge of Owner, Tenant has not previously assigned or hypothecated its rights or interests under this Agreement, except as described in such statement with as much specificity as Owner is able to provide; (d) the term of this Agreement and the Rent then in effect and any additional charges; (e) the date through which Tenant has paid the Rent; (f) that Tenant is not in default under any provision of this Agreement(or if in default, the nature thereof in detail)and a statement as to any outstanding obligations on the part of Tenant and Owner; and (g) such other matters as are reasonably requested by Tenant. Without in any way limiting Tenant's remedies which may arise out of Owner's failure to timely provide an estoppel certificate as required herein, Owner's failure to deliver such certificate within such time shall be conclusive (i) that this Agreement is in full force and effect, without modification except as may be represented by Tenant;(ii)that there are no uncured defaults in Tenant's or Owner's performance hereunder;and (iii)that no Rent for the then current month,has been paid in advance by Tenant. 25. SEVERABILITY. If any section, subsection, term or provision of this Agreement or the application thereof to any party or circumstance will, to any extent, be invalid or unenforceable, the remainder of the section, subsection, term or provision of the Agreement or the application of same to parties or circumstances other than those to which it was held invalid or unenforceable, will not be affected thereby and each remaining section, subsection, term or provision of this Agreement will be valid or enforceable to the fullest extent permitted by law. 26. INTERPRETATION. Each party to this Agreement and its counsel have reviewed and had the option to revise this Agreement. The normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party will not be employed in the interpretation of this Agreement or of any amendments or exhibits to this Agreement. 27. MISCELLANEOUS (a) Owner represents and warrants that Owner has full authority to enter into and sign this Agreement and has good and indefeasible fee simple title to the Owner's Property. The person executing on behalf of Owner represents individually that such person has the authority to execute this Agreement on behalf of Owner. (b) Tenant warrants and represents that it is duly authorized to do business in the state in which the Premises is located and that the undersigned is fully authorized by Tenant to enter into this Agreement on behalf of Tenant. (c) This Agreement supersedes all prior discussions and negotiations and contains all agreements and understandings between the Owner and Tenant. A writing signed by both parties may only amend this Agreement. (d) The waiver by any party of a breach of any provision of this Agreement will not operate or be construed as a waiver of any subsequent breach of that provision by the same party, or of any other provision or condition of the Agreement. (e) The headings of sections and subsections are for convenient reference only and will not be deemed to limit,construe, affect,modify or alter the meaning of the sections or subsections. (f) Time is of the essence of Owner's and Tenant's obligations under this Agreement. Site Name: Waterloo,IA (g) The parties may sign this Agreement in counterparts hereto. (h) The terms and conditions of this Agreement shall extend to and bind the heirs, personal representatives,successors and assigns of Owner and Tenant. (i) The prevailing party in any action or proceeding in court to enforce the terms of this Agreement shall be entitled to receive its reasonable attorneys' fees and other reasonable enforcement costs and expenses from the non-prevailing party. (j) Owner shall execute and acknowledge and deliver to Tenant for recording a Memorandum of this Agreement ("Memorandum")upon Tenant's reasonable request to properly memorialize and give notice of this Agreement in the public records. Tenant will record such Memorandum at Tenant's sole cost and expense. (k) Rent payments and notices,requests, and other communication shall be in writing and sent by United States Mail, postage prepaid, certified or registered with return receipt requested or by any nationally recognized overnight courier service to the address set forth beneath the signature of each party below. Any such notice shall be deemed given when deposited in the United States Mail or delivered to such courier service. Notices shall be sent to: For Tenant: Fidelity Towers Inc. 7539 E. Stroh Road Parker,CO 80134 For Owner: City of Waterloo Attn: Leisure Services Director 715 Mulberry Street Waterloo,IA 50703 The above addresses may be changed at any time by giving prior written notice as above provided. (1) This Agreement shall be construed in accordance with the laws of the state in which the Owner's Property is located. (m) Each party agrees to furnish to the other, within fourteen (14) days after request, such truthful estoppel information as the other may reasonably request. (n) Owner and Tenant each represent that a real estate broker or other agent in this transaction has not represented them. Each party shall indemnify and hold harmless the other from any claims for commission, fee or other payment by such broker or any other agent claiming to have represented a party herein. (o) Except as otherwise provided herein, Owner agrees to pay when due all taxes, charges, judgments, liens, claims, assessments, and/or other charges outstanding which are levied upon Owner or the Owner's Property and which are or in the future could become liens upon the Owner's Property, in whole or in any part (individually or collectively, "Liens"). Upon failure of the Owner to pay the Liens when due as provided above,Tenant at its option and upon thirty(30)days prior written notice to Owner,may pay said Liens. Tenant shall have the right to setoff and offset any sum so paid by Tenant and any and all costs, expenses and fees (including reasonable attomey's fees)incurred in effecting said payment, against Rents or against any other charges payable by Tenant to Owner under the terms of this Agreement. In the event that Tenant elects not to set off or offset the amounts paid by Tenant against Rents or in the event that the amounts paid by Tenant exceed the Rents payable to Owner for the then term of the Agreement, Owner shall reimburse Tenant for all amounts paid by Tenant (or not offset) immediately upon demand. Any forbearance by Tenant in exercising any right or remedy provided in this paragraph or otherwise afforded by law shall not be deemed a waiver of or preclude the later exercise of said right or remedy. Site Name: Waterloo, IA (p) Owner's recourse against any Leasehold Lender shall be expressly limited to such Leasehold Lender's interest in this Agreement. (The remainder of this page is intentionally left blank) Site Name: Waterloo,IA ♦ 4 IN WITNESS WHEREOF,the parties hereto bind themselves to this Option and Land Lease Agreement effective as of the day of ,2011. OWNER: City of Waterloo, Iowa Leisure Services Commission By: By: Title: Mayor_ Title: Chairperson Date: Date: Notary Public: Acknowledged before me on ,2011,by Ernest G.Clark,as Mayor of the City of Waterloo,Iowa. Notary Public,State of Iowa Acknowledged before me on ,2011, By as Chairperson of the Leisure Services Commission. Notary Public,State of Iowa TENANT: Fidelity Towers Inc. a Nevada corporation By: Name: Title: Date: Notary Public: Site Name: Waterloo,IA I, ,do hereby certify that personally appeared before me this day and acknowledged the due execution of the foregoing instrument. Witness my hand and seal this day of ,2011. Site Name: Waterloo,IA EXHIBIT"A" TO OPTION AND LAND LEASE AGREEMENT OWNER'S PROPERTY THE EAST 660 FEET OF THE SOUTH ONE-HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 36, TOWNSHIP 89 NORTH, RANGE 13 WEST OF THE FIFTH PRINCIPAL MERIDIAN, IN THE CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA, EXCEPT THOSE PARTS CONVEYED TO THE CITY OF WATERLOO,IOWA,IN 114 LD 503 AND 116 LD 457. Owner and Tenant agree that the precise legal description for the Owner's Property will be corrected, if necessary, and that Tenant may place the correct legal description on this Exhibit "A". Site Name: Waterloo, IA EXHIBIT"B"TO OPTION AND LAND LEASE AGREEMENT PREMISES a) Real property comprised of approximately two thousand five hundred(2500)square feet of land b) Non—exclusive easement required to run utility lines and cables c) Non—exclusive easement across Owner's Property(hereinafter defined)for access SITE SKETCH: See attached Exhibit B-1. APPROVED Owner: (Initial) APPROVED Tenant: (Initial) Notes: 1. This Exhibit may be replaced by a land survey of the Premises at Tenant's sole cost and expense, together with non-exclusive easements for utility lines and cables to service the Premises, and a non-exclusive easement for ingress and egress across Owner's Property to the Premises. 2. Setback of the Premises from the Owner's Property lines shall be the distance required by the applicable governmental authorities. 3. Width of access road, if any, shall be the width required by the applicable governmental authorities, including police and fire departments. Site Name: Waterloo, IA March 1,2011 REQUEST: The applicant requests approval of a major significance cell tower to allow for the construction of a 120' monopole tower and equipment at Morris Park located at the corner of Ridgeway Avenue and 11th Street. APPLICANT(S): Fidelity Towers 7803 Glenroy Road, Suite 102 Bloomington, MN 55439 GENERAL The applicant requests that the City approve the request to DESCRIPTION: allow for the construction of a new 120' monopole cell tower and equipment on city owned property (Morris Park). IMPACT ON Properties to the southeast and west are zoned Residential, NEIGHBORHOOD & and have residential uses on them. Property owned by the SURROUNDING Waterloo Schools to the north is also zoned residential but is LAND USES: being used for Kittrell School. The request would not appear to have a negative impact on the neighborhood, as the tower would be located over 240' from the nearest house, which equals double the height of the tower (120'). VEHICULAR & The site is served by both 11th Street which is classified as a PEDESTRIAN Collector Street and Ridgeway Avenue, which is classified as TRAFFIC a Minor Arterial. The proposed location of the cell tower would CONDITIONS: not appear to cause a negative impact on traffic conditions in the area, as the tower will be located over 200' from both 11th Street and Ridgeway Avenue. There is a sidewalk located along both 11th Street and Ridgeway Avenue. RELATIONSHIP TO There are no recreational trails proposed near this site. RECREATIONAL TRAIL PLAN: ZONING HISTORY The site is located at the corner of 11th Street and Ridgeway FOR SITE AND Avenue. The area was zoned "R-2" One & Two Family IMMEDIATE VICINITY: Residence District upon adoption of the Zoning Ordinance No. 2479 in 1969. DEVELOPMENT This area is an existing developed area, comprising of HISTORY: residential homes and a school. BUFFERS A 6' tall chain link fence would surround the leased area REQUIRED/ NEEDED: where the base of the tower and equipment would be located. Also, there will be shrubs planted by the applicant around the equipment building to help screen the equipment area. DRAINAGE: The request would need to meet any applicable codes and ordinance requirements for drainage. No other drainage problems or concerns are known for this site/area. FLOODPLAIN: The property is located within the Zone C, Minimal Flooding, as determined by the FEMA Flood Insurance Rate Map Morris Park New Cell Tower Page 1 of 3 March 1, 2011 (Community # 190025 Panel # 0004, Effective July 3,1985). PUBLIC /OPEN The proposed location is a public park and has a school SPACES/ SCHOOLS: (Kittrel) immediately to the north. UTILITIES: WATER, There are existing utilities to serve the site. No changes are SANITARY SEWER, being proposed. STORM SEWER,ETC. RELATIONSHIP TO The Comprehensive Plan and Future Land Use Map COMPREHENSIVE designates this area as Residential. A development such as LAND USE PLAN: this is allowable in the "R-2" District upon the approval of a special permit for the major significance cell tower by the Board of Adjustment, after a recommendation of the Planning & Zoning Commission. The site is located within the Primary Growth Area as designated on the Growth Area Map within the Comprehensive Plan. STAFF ANALYSIS — The City of Waterloo Zoning Ordinance requires "That any ZONING proposed freestanding tower structure within 500 feet of a 1 or ORDINANCE: 2 family dwelling lot shall go through the Planning, Programming & Zoning Commission for a recommendation to the Board of Adjustment, similar to a special permit". The tower in question would be located adjacent to a single-family dwelling lot, and therefore the approval is required. The proposed tower is a 120' Stealth Monopole structure with internal antenna's and room for co-locators. The applicant would be leasing a 2,500 SF area for the tower and equipment, which will be enclosed by a 6' tall chain link fence. The applicant has noted that they are proposing the tower in order to provide better coverage in that area, and have provided coverage maps showing the coverage difference in the area with and without the proposed tower. The Zoning Ordinance prefers that a new structure be co- located onto an existing tower or placed on a roof of an existing tall building, however the applicant has noted that no such locations were available. Although the tower would be located adjacent to a 1 or 2 family dwelling lot, it would appear that the tower would be located 240' from the nearest house to the South and West, and approximately 1 ,500' from the nearest house to the east. Even though the tower would be located over 200' from the nearest house, it is a predominately residential area. For that reason, the applicant has proposed that the tower be of a Stealth Monopole design, which would lessen the visual impact on the surrounding area. Also, the required setback from all property lines for a new tower is '% the tower height, 60' minimum. The setback from a 1 or 2 family dwelling lot is 500' except that it can be reduced Morris Park New Cell Tower Page 2 of 3 March 1,2011 to twice the tower height if the applicant can demonstrate that no other location in the immediate vicinity can meet the requirement. It would appear that there are no other locations in the immediate vicinity that could meet the requirement; therefore the setback requirement would be twice the height of the tower. The tower will be 120', so the required setback would be 240'. It would appear that the tower would be over 240' from residences, so a variance to the setback requirements will not be needed however; the Board of Adjustment must concur that the proposed tower does indeed meet all setback requirements and will consider this request at there next meeting. At the Technical Review Committee Meeting, the Engineering Department noted that the submitted plans show 3 different surfacing types for the access drive. The applicant will need to let the City know which type of surfacing they intend to use for the driveway. Engineering also noted that a flared curb-cut will need to be used for the driveway, not a radial curb-cut as shown in the current plans. Also, Leisure Services has noted that a gate will need to be installed across the entrance to prevent vehicles from driving into the park. STAFF ANALYSIS — The applicant is not proposing to subdivide the property at this SUBDIVISION ORD: time. STAFF Therefore, staff recommends the request for a major RECOMMENDATION: significance cell tower be approved for the following reasons: 1. The request would not appear to have a negative impact on the neighborhood or traffic conditions in the area. 2. The request is in conformance with the Future Land Use Map and the Comprehensive Plan. 3. The new tower would be located over 240' from the nearest house and would be located away from the nearest street, and would be of a Stealth Monopole design, thus minimizing its visual impact on the area. And subject to the following condition: 1. That the tower be of a camouflage design (includes Stealth Monopole with interior or flush mount antennas) so as to lessen the visual impact on the surrounding properties. 2. That a gate be installed across the entrance to prevent unauthorized vehicles from entering the park. 3. That the curb-cut be a flared design and not a radius design. 4. That the driveway be hard surface with concrete paving. Morris Park New Cell Tower Page 3 of 3 RESOLUTION NO. 2011-262 RESOLUTION FIXING THE TIME AND PLACE OF HEARING TO BE GIVEN ON THE PROPOSED 5-YEAR LEASE AGREEMENT WITH FIDELITY TOWERS INC. TO ALLOW FOR THE CONSTRUCTION OF A 120' MONOPOLE STEALTH CELL TOWER ON CITY-OWNED LAND GENERALLY LOCATED AT MORRIS PARK AT THE CORNER OF RIDGEWAY AVENUE AND 11TH STREET, AS APRIL 18, 2011, AT 5 : 30 P.M. IN THE CITY HALL COUNCIL CHAMBERS IN CITY HALL AND INSTRUCTING THE 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 18th day of April, 2011, for the purpose of considering and acting upon the proposed 5-year Lease Agreement, at a cost of $9, 600 . 00 per year, to allow for the construction of a 120' Monopole Stealth Cell Tower on city- owned land generally located at Morris Park at the corner of Ridgeway Avenue and llth Street. 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 4th day of April, 2011. 141.14-1 Ernest G. Clark, Mayor ATTEST: Suzy Scha s, CMC City Clerk ,41 1 CITY OF WATERLOO , IOWA .T'�/�� COMMUNITY PLANNING AND DEVELOPMENT S� 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319)291-4366 Fax(319)291-4262 drerl00_�0 NOEL C.ANDERSON,Community Planning&Development Director Council Communication I � y�Mayor City Council Meeting: March 14, 2011 `-" ' 31 A6 9aBUCK 11 CLARK Prepared: March 8, 2010 3// Dept. Head Signature: ' '"" ll�it 40 # of Attachments: /.2- v22 I �(-,It y I, ffil COUNCIL (/ p MEMBERS SUBJECT: Request to set the date of public hearing for a request by Lavern DAVID Droste to rezone 0.845 acres of land at 245 Fletcher Avenue from "R-2,C-Z" JONES Conditional Zoning District and"C-2,C-Z" Conditional Zoning District to "C-1,C- Ward 1 Z" Conditional Zoning District CAROLYN COLE Submitted by: Aric Schroeder, City Planner Ward 2 HAROLD Recommended City Council Action: Approval GETTY Ward 3 Summary Statement: Transmitted herewith is a request to rezone approximately 0.845 acres of land at the northeast of University and Fletcher Avenues from"R- QUENTIN 2,C-Z" Conditional Zoning District and"C-2,C-Z" Conditional Zoning District to HART Ward 4 "C-1,C-Z" Conditional Zoning District. The property at 245 Fletcher Avenue is 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 WELPER of the commercial facility in 1987 to be used as an electronics store with necessary Ward 5 storage. Due to the property being conditionally zoned to allow for the electronics BOB store use, the ability to establish a new commercial venture upon the site is limited GREENWOOD to that use. Also, the storage building to the southeast of the main building at 245 At-Large Fletcher Avenue is also conditionally zoned to allow the use of that site to be for STEVE storage and electronics installation related to the business at 245 Fletcher Avenue. SCHMITT The property would need to be rezoned, and the conditions amended to allow for At-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 and effectively screened by either landscaping or solid fencing from the residential properties to the east, and provides adequate parking. Staff did receive calls from many nearby residents questioning why the applicant is rezoning the land, and what types of uses can locate within the building. CITY WEBSITE: www.ci.waterbo.ia.us WE'RE WORKING FOR YOU! N a r_A,t 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-I" 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 ''/z 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 '/2 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 C1CZ 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 i '` � Rezone request from "R-2,C-Z" Conditional Zoning District and 't -, " a '' "C-2, C-Z" Conditional Zoning District to "C-1 C-Z" Conditional g#tu. "` ``' Zoning District at 245 Fletcher Avenue y p Janney Avenue rYy ,10 "ogiala'R-2 ''. : , ''\ l. ,v } c A. 14110.11110 „. `e 'I' # ' cPd 'Tv t .1 .q ,N A.. Ott ae . , , 4 a i �. t 4.: C2rli. Ai R2,GZ ill°�� a,(04a 1 „ ,,., , k ,N=. ... Area requested to be rezonedIiiP� C,2,C Z� University"Avenue G" nor �,� � *' f ; s A I "II 3 r s 1 j .` t Legend Hopei Park .,I Area to be Rezoned t 100 50 0 100 (Feet i1 L. , CITY OF WATERLOO PLANNING, PROGRAMMING, AND ZONING COMMISSION WATERLOO, IOWA 319.291.4366 1.APPLICATION INFORMATION: / a. Applicant's name(please print): [ t Address: '_S'J�> i ; �,„ ;', ' :' ; Phone: Fax: City: ,?; ; / i '/t " State: / z, Zip: : 0, /G% b. Status of applicant:(a)Owner Y (b)Other (CHECK ONE):If other explain: c. Property owners name if different than above(please print): c Address: Phone: ` City: State: Zip: 2.PROPERTY INFORMATION: a. General location of property to be rezoned: , ,��;•�� % r`+' ,',,,' ;', y, •_r, °'1 a %it b. Legal description of property to be rezoned: ; „f/ ; M1 tI�l /� e � y ;� ;t l /31 >'i' % G i'`/r / {,'f j-1(/ e' :3'1-- Hayek"hit) /2/gee Lots' / ; //X -andI'/47 , 3) y �f1t1 k— /ar 0 0/ F=Gt ' alley iy /�,� i'-3'/.4 /° Le //1-,evil//, Said a 111,41' c. Dimensions of Proposed Zoning Boundary(Excluding Right of Way): d. Area of Proposed Zoning Boundary(Excluding Right of Way): e. Current zoning: )t Requested ping: L - 1. 2 f. Reason(a)for rezoning and proposed use(s)of property: /r' c c, .y 15 �/4 _5 i,/f 0 ,�1 i / tt.i'C I d he k' c/, r n, /�> �a 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($750 max)(payable to the City of Waterloo)is required(round amount down to nearest$l0 increment). This fee is non-refundable. Under no condition shall said sum or any part thereof be refunded for failure of said amendment to be enacted into law. Any major change in any of the information given will require that the request go back through the process,with a new filing fee. If the request is denied no new petition covering the same or portion of the same property shall be filed with or considered by the Planning,Programming,and Zoning Commission until four(4)months have elapsed from the date of denial by the Waterloo City Council. The undersigned certify under oath and under the penalties of perjury that all information on this request and submitted along with it is true and correct. All 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. dE4-9. 62.4 /44 /9 '/ ignaS 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 f_e fir..-...r. .. j § £ .0 al a a err. _ . . 4 na 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 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. 245 Fletcher to I _ # 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 Y 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-I"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. y�, L Agreed to this / day of ✓/`�'�l,2011. Lavern .Dr e Owner/Rezone Applicant Page 1 of 2 • On this 9 day of h ,2011 efore 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 ,a No • Pu•licina . for.the .te of Iowa Original Recorded Form to be returned to: t �r + •" "f Waterloo Planning and Zoning Department 715 Mulberry St,Waterloo IA 50703 Page 2 of 2 Notary Search::Notary Details Page 1 of 1 Site Map I Contact Us Matt Schultz Business Services Home- Search Databases -4 Notary.a 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 Address 1 3116 KIMBALL AVE ... .......................... ... Address 2 City, State Zip WATERLOO, Iowa 50702 Phone (319)234-4402 E-Mail Additional - Notary Information Ong Commission 1/13/1989 Issue Date 1/13/2010 Expiration Date 1/13/2013 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 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 STATE OF IOWA, Black Hawk County • I do solemnly swear that the annexed copy of 1344402 NOTICE OF PUBLIC HEARING ON REZONIN notice was published in the WATERLOO/CEDAR FALLS COURIER — , a daily newspaper printed in WATERLOO, Black Hawk County, Iowa, for 1 issues commencing on 03/23/2011, in the issues of 03/23/2011 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 . NOTICE OF PUBLIC HEARING ON Printer ' s Bill $16 . 06 ,TO WHOM ITMA REZONING Notice is hereby given that on the 28th day of March,2011,at 5.30 p.m.in the Council Chambers in City Hall inthe City of Waterloo,Iowa,a public hearing will be held by the Council of the City of Waterloo,Iowa,to approve the request of Lavern Droste to rezone approximate- ly 0.845 acres generally located at 245 1g Fletcher Avenue,upon the recommen- dation of approval of the City Planning, Programming 8 Zoning Commission, from"R-2,C-Z"Conditional Zoning Dis- trict and"C-2,C-Z"Conditional Zoning Subscribed and sworn to before me this District to"C-1,C-Z"Conditional Zoning District for the purpose of allowing for • q other lighter commercial.uses,legally 1 described as follows: la day of Lots 12,13, 14,15, 16,20 and 21 in r �� Block 34,in Hagerman Place in the City -„_.,. of Waterloo,Black Hawk County,Iowa, i and that portion of East.West alley in Block 34,in Hagerman Place,adjoining Lots 14,15 and 16 in Block 34 of said ad- zdilion,all in the City of Waterloo,Black Hawk County,Iowa. ;- ��(61 j3 Anyone who is interested may appear at said time and heard or may otary Public file written objection ace and City Clerk City Hall,Waterloo,Iowa,before the date set for said hearing. By order of the Council of the City of We- terloo this 14th day of March,2011. Received of i Suzy schares,CMC City Clerk the sum of Dollars in full for publication of the above invoice . Notary Seal : ORDINANCE NO. 5031 ORDINANCE AMENDING ORDINANCE NO. 2479, AS AMENDED, BY ADDING SUBSECTION NO. 114 TO SECTION 2A-7N, CONDITIONAL ZONING CERTAIN PROPERTY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA: Section 1 . That Section 2A-7N, of Ordinance No. 2479, as amended, be further amended by adding after Subsection No. 113, of said Section, the following Subsection No. One Hundred Fourteen (114) . "114 . 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 zoned on the Zoning Map of Waterloo, Iowa, approximately 0 . 845 acres as "R-2, C-Z" Conditional Zoning District and "C-2, C- Z" Conditional Zoning District, be and the same is hereby zoned as "C-1, C-Z" Conditional Zoning District as above described, 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. " Section 2 . That the City Clerk be, and she is hereby directed to file a certified copy of this Ordinance with the Recorder of Black Hawk County, Iowa. Ordinance No. 5031 Page 2 INTRODUCED: March 28, 2011 PASSED 1st CONSIDERATION: March 28, 2011 PASSED 2nd CONSIDERATION: April 4, 2011 PASSED 3rd CONSIDERATION: April 4, 2011 PASSED AND ADOPTED this 4th day April, 2011 . /�l�i"V/ Ernest G. Clark, Mayor ATTEST: Suzy S h res, 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 Ordinance No. 5031, as passed and adopted by the City Council of the City of Waterloo, Iowa, on the 4th day of April, 2011 . Witness my hand and seal of office this 4th day of April, 2011. -.' SI t?..._,..0 SEAL Ty h res, CMC City Clerk _� �i� CITY OF WATERLOO , IOWA COMMUNITY PLANNING AND DEVELOPMENT ..r.1�N 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319)291-4366 Fax(319)291-4262 °lerloo ♦0 NOEL C.ANDERSON,Community Planning&Development Director Council Communication y Mayor City Council Meeting: March 1 , 011 1—, I . ✓/// o 76il BUCK Prepared: March 9, 2011 CLARK Dept. Head Signature: "''.i._ 1 : 3/40311 # of Attachments: el :4/ I�cl COUNCIL MEMBER }l� 'f1p4�Ulta 1 r MEMBERS ___ ___ ))) SUBJECT: Request by the City of Waterloo to rezone approximately 7.73 acres DAVID from "R-2" One and Two Family Residence District and"R-2,C-Z" Conditional JONES Zoning District to "R-1,R-P" Planned Residence District, located at the former Ward 1 Greenbrier School site at 1554 Oakwood Drive at the northwest corner of CAROLYN Oakwood Drive and Cedar Bend Street, and set a date of hearing as March 28, COLE 2011. Ward 2 HAROLD Submitted by: Noel Anderson, Community Planning & Development Director GETTY Ward 3 Recommended City Council Action: Approval, with conditions as recommended by the Planning, Programming and Zoning Commission. QUENTIN HART Ward 4 Summary Statement: Transmitted herewith is a request to rezone approximately 7.73 acres from"R-2" One and Two Family Residence District and "R-2,C-Z" RON Conditional Zoning District to "R-1,R-P"Planned Residence District, located at WEEPER the former Greenbrier School site at 1554 Oakwood Drive at the northwest corner Ward 5 of Oakwood Drive and Cedar Bend Street. The City is requesting to rezone the BOB property at 1554 Oakwood Drive to allow for future one and two family GREENWOOD development at the site. Staff believes the "R-1,R-P" Planned Residence District At-Large will help to redevelop the area for one and two family housing development. STEVE Single-family homes would be ideal, with the potential of twin home development. SCHMITT In either case, the design, layout, orientation, density, and style of homes will be At-Large highly important to ensure the development is beneficial to the surrounding neighborhood. Staff believes any development needs to uplift the surrounding 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 CITY WEBSITE: www.cFOR YOU! WE'RE WORKING FORYOU! An Equal Opportunity/Affirmative Action Employer 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. 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 and 2 in Greenbrier Third Addition, and Tract F in Greenbrier Fourth Addition, all in the City of Waterloo, Black Hawk County, Iowa. NA:to cc: At-lc Schroeder, City Planner Eric Thorson, City Engineer --file-- March 1,2011 REQUEST: REQUEST BY THE CITY OF WATERLOO TO REZONE 7.73 ACRES AT THE FORMER GREENBRIER SCHOOL SITE, LOCATED AT 1554 OAKWOOD DRIVE AT THE NORTHWEST CORNER OF OAKWOOD DRIVE AND CEDAR BEND 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 property at 1554 Oakwood DESCRIPTION: Drive from "R-2" and "R-2,C-Z" 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" and "R-2,C-Z", which allow for one and two family development, however with higher density levels. Also, the "R-2,C- Z" zoning upon the site allowed for the site to be used as a bingo hall. 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 ensure the development is beneficial to the surrounding neighborhood. Staff believes any development needs to uplift the surrounding 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. VEHICULAR & The long, southern dimension of the rezone area fronts up to PEDESTRIAN Oakwood Drive, which is classified as a Local Street. The east and TRAFFIC west ends of the property front along Cedar Bend Street, which is CONDITIONS: classified as a Minor Arterial, and Greenbrier Road, which is a Local Street. River's Edge Christian Church is to the north of the area in question at 1247 Cedar Bend Street. 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, as surrounding streets were constructed in the 1960s for residential development. There are no public sidewalks located along any of the nearby streets. The City of Waterloo actively works with the Safe Routes to School program to provide sidewalks to City schools, and it is hoped to get sidewalk extended to this site in the future. RELATIONSHIP TO The Donald Street Recreational Trail is located approximately a RECREATIONAL mile to the south along the south side of Walker Street. The trail TRAIL PLAN: continues on westward from Walker and Cedar Bend Streets, 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 1554 Oakwood Drive was rezoned from "R- 3.1.11 Rezone R2&R2CZ—Greenbrier School Page 1 of 5 66 March 1,2011 FOR SITE AND 2" One and Two Family Residence District to "R-2,C-Z" Conditional IMMEDIATE VICINITY: Zoning District on August 24, 1992 to allow for the former Greenbrier School to be used as a bingo hall. The 2 empty lots at the far southwest corner of the property are zoned "R-2" One and Two Family Residence District, and have 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 — River's Edge Christian Church, zoned "R-2" One and Two Family Residence District. South Kwik Star Convenience Store and one and two family residences along the south side of Oakwood Drive, zoned "C-1" Commercial District and "R-2" One and Two Family Residence District. East — Single family residence and lumber yard, zoned "C-2" Commercial District. West One and Two Family, zoned "R-2" One and Two Family Residence District. DEVELOPMENT The surrounding area consists predominantly of residential uses in HISTORY: the adjacent Greenbrier additions, which were constructed in the mid to late 1960s. The Kwik Star convenience store was constructed at Oakwood Drive and Cedar Bend Street in 1994. 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 Greenbrier 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 the Head Start Program. Lincoln Elementary School is located approximately a 1/2 mile to the south at the intersection of Cedar Bend Street and Walker Street. Tibbits Park is located 2 blocks to the south. UTILITIES: WATER, SANITARY SEWER, There is an 8" sanitary sewer and 18" storm sewer located within STORM SEWER, ETC. Oakwood Drive to the south 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. It may be necessary to amend the Future Land Use Map in the 3.1.11 Rezone R2&R2CZ—Greenbrier School Page 2 of 5 67 March 1,2011 LAND USE PLAN: 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 7.73 acres of land ZONING located near the northwest corner of Cedar Bend Street and ORDINANCE: Oakwood Drive near the Greenbrier Neighborhood. 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 Greenbrier 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 tax 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. 3.1.11 Rezone R2&R2CZ—Greenbrier School Page 3 of 5 68 March 1,2011 The "R-1-RP" 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 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- RECOMMENDATION: 2,C-Z" Conditional Zoning District and "R-2" 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 3.1.11 Rezone R2&R2CZ—Greenbrier School Page 4 of 5 69 March 1,2011 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—Greenbrier School Page 5 of 5 70 tat %� -- � p� : ,'N. .. 4�n` y// '} vto",. ..< .. se «;� :^ a .. .zN _ �.Y Request to rezone approximately 7.731 acres from r "R-2" One and Two Family Reisdence District and 11R-2,C-Z" Conditional Zoning District to "R-1 ,R-P" Planned Residence District lipsH ®� Area in Question ay , a A O��,e » ,. Former Greenbrier School 1\ \�5 1554 Oakwood Drive Ohet<y , , 0. �'- t__,,c / / Golden Valley Drive ,a -`, s/o t ao' I � � ; � aril .. • +-- E Oakwood Drive rill +Y t Woodmayr-Dnve1 ". x a4 r . —A '� ij -�- Off.*yy rw� ar � �; =:yy Wakonda Drive - ' , ��.. �� } .# , ' - p r N West.DonaldQl �.. 200 too a zoo .- 4 Feet k' Plat Map — Former Greenbrier Site Rezone TM Site in Question ► GREENBRtER FOURTH ADDITION 8"Sanitary Sewer rnn •• 18"Storm Sewer — 72 APPLICATION FOR REZONING CITY OF WATERLOO PLANNING, PROGRAMMING, AND ZONING COMMISSION WATERLOO, IOWA 319.291.4366 1. APPLICATION INFORMATION: a. Applicant's name(please print): 4,,e' 4, y Address: 7/6 //44 a tt< C Phone: >9/-44, G6 Fax: City: it 447k74cze State: /xi Zip: So7n.� 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: / / Zork,,eq.„4c) . eg. yx, 5 '1 b. Legal description of property to be rezoned: I/d3.P� 'fyN ¢,�, /;,ai ,� %d'..€c7- lc' / �,O (,� 'c7-%G iti 7i . JOa9piV 1h7 ,e, 4,� (..CC ' e2 ,9'/ ,0,047/i-,14- 47- / c. Dimensions of Proposed Zoning Boundary(Excluding Right of Way): :~ N.- k qi - d. Area of Proposed Zoning Boundary(Excluding Right of Way): 7, 7,3 e. Current zoning:((4-2 4 '--,;L;'- Requested zoning: / - f. Reason(s)for rezoning and proposed use6)of property: h c:/rYFL10 5 ,� fa -y,Z d—r- G46 iblia 'Tli4, rj/ -r �€Si1 --)✓rr.9L • 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 th information on this request and submitted along with it is true and correct. All information submitted will be used by e terloo Planning, Programming, and Zoning Commission and the Waterloo City Council in making their deci 'on. he undersigned authorize City Zoning Officials to enter the property in questionin inreg ds toAhe reques. Signature of Applicant Date Signature of Owner Date 73 Rezone "R-2" and "R-2, C-Z" to "R-1, R-P" —Former Greenbrier School Site 417 pp f — dam+.+-w. .✓"". a ` 4 Looking west from Cedar Bend Street. Looking northwest from the intersection of Cedar Bend Street and Oakwood Drive. Looking east from the intersection of Oakwood Drive and Greenbrier Road. 74 STATE OF IOWA, Black Hawk County I do solemnly swear that the annexed copy of 1344395 NOTICE OF PUBLIC HEARING ON REZONIN notice was published in the WATERLOO/CEDAR FALLS COURIER - , a daily newspaper printed in WATERLOO, Black Hawk County, Iowa, for 1 issues commencing on 03/23/2011, in the issues of 03/23/2011 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 . NOTICE OF PUBLIC HEARING ON REZONING TO WHOM IT MAY CONCERN: Printer' s Bill $15 . 62 Notice is hereby given that on the 28th day of March,2011,at 530 p.m.in the Council Chambers in the City Hall in the City of Waterloo,Iowa,a public hearing p � �� will be held by the Council of the City of / Iowa,to approve the request torWaterloo,rezone approximately gen- �r erally Located at the former7.73 Greenbrier School site at 1554 Oakwood Drive at S i gne the northwest corner of Oakwood Drive and Cedar Bend Street,upon the recom- mendation of approval of City Planning, Programming 8 Zoning Commission, from"R-2"One and Two Family Resi- Con dence DistrictDistr Dindstrict rt 1,R.P"PIenned tional Zoning District to ne and Planned Residence District,for the purpose of al- daylowing for future one and two family day of iy 1� housing development,legally described lJl�� as follows: Lots 1 and 2 in Greenbrier Third Addi- tion,and Tract F in Greenbrier Fourth Addition,all in the City of Waterloo,Black r '-- Hawk County,Iowa. Anyone who is interested may appear at • said time and place and be heard or may a fa / - - Se written objection with the City Clerk, �J/ City Hall,Waterloo,Iowa,before the r Pub l i - date set for said hearing. By order of the Council of the City of Wa- terloo this 14th day of March,2011. Suzy Schares,CMC City Clerk Received of the sum of Dollars in full for publication of the above invoice. Notary Seal : ORDINANCE NO. 5032 ORDINANCE AMENDING ORDINANCE NO. 2479, AS AMENDED, BY ADDING SUBSECTION NO. 115 TO SECTION 2A-7N, CONDITIONAL ZONING CERTAIN PROPERTY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA: Section 1 . That Section 2A-7N, of Ordinance No. 2479, as amended, be further amended by adding after Subsection No. 114, of said Section, the following Subsection No. One Hundred Fifteen (115) . "115 . Lots 1 and 2 in Greenbrier Third Addition, and Tract F in Greenbrier Fourth Addition, all in the City of Waterloo, Black Hawk County, Iowa; now zoned on the Zoning Map of Waterloo, Iowa, approximately 7 . 73 acres as "R-2" One and Two Family Residence District and "R-2, C- Z" Conditional Zoning District, be and the same is hereby zoned as "R-1, R-P" Planned Residence District as above described, subject to the following conditions : 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 . " Section 2 . That the City Clerk be, and she is hereby directed to file a certified copy of this Ordinance with the Recorder of Black Hawk County, Iowa. INTRODUCED: March 28, 2011 PASSED 1st CONSIDERATION: March 28, 2011 PASSED 2nd CONSIDERATION: April 4, 2011 PASSED 3rd CONSIDERATION: April 4, 2011 Ordinance No. 5032 Page 2 PASSED AND ADOPTED this 4th day of April, 2011 . 41P /7'L9 Ernest G. Clark, Mayor ATTEST: Suzy c 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 Ordinance No. 5032, as passed and adopted by the City Council of the City of Waterloo, Iowa, on the 4th day of April, 2011 . Witness my hand and seal of office this 4th day of April, 2011 . SEAL Suzy Sc r s, CMC City Clerk _ "i; CITY OF WATERLOO , IOWA T� tevitatio COMMUNITY PLANNING AND DEVELOPMENT i oOhm 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319)291-4366 Fax(319)291-4262 fOr� O NOEL C.ANDERSON,Community Planning&Development Director Council Communication Mayor City Council Meeting: M. - 4 21 ► 3 • / ° I 11 BUCK Prepared: March 9, 2011 CLARK Dept. Head Signature s gjtk � 3/aS- 2d1( #of Attachments: �r I ' �" COUNCIL o Rit �,, /Li/9611 MEMBERS 1��"'") 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. HARTTIN Summary Statement: Transmitted herewith is a request to rezone approximately 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 ward SER Avenue 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 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: www.ci.waterloo.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: A replat of the West % 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 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 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 Reuest to rezone ap proximately pproximatel 2.2 acres from �+ R-2 One and Two FamilyReisdence , ,District to a n , R-P Planned Residence District K Forme r Van Eaton School 2170 Burton Avenue S.P Y•40 F ik ' +�4 ory �1 y, vt kx v q .44! : / ZSiS -- ,Lr , iiii; {H. r Fairchild Street'",`, Area in Question J_ e y 41.1 /i ,.„.. ' a _ 44 I". V•I 4. ''y�.: • ,�..d,f ' ay, v , AIM3 y f 00 ` .. Leo 15 a 150 West.Donald Street B71NrummeirAwr. Feet } Plat Map — Former Van Eaton Site Rezone 8"Sanitary Sewer C SHMAN ZO Ia Site in Question m CO F 66' 80 APPLICATION FOR REZONING CITY OF WATERLOO PLANNING, PROGRAMMING, AND ZONING COMMISSION WATERLOO, IOWA 319.291.4366 1.APPLICATION INFORMATION: a. Applicants name(please,print): � ;, pd Address: 7/5 /%//�/Cf t2'��i Phone: _ 7 -4?bb Fax: City: �(f'1J .State: iQ Zip: b. Status of applicant:(a)Owner r/(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: y/72) b. Levl description/of�roperty to be rezoned: /ikk".a 7 4.;` 7 /'� :yr jam, <ac c. Dimensions of Proposed Zoning Boundary(Excluding Right of Way): '1Z— is 3 d. Area of Proposed Zoning Boundary(Excluding Right of Way): i.7 -4-/4 3 e. Current zoning: Requested zoning: fe- , f P f. Reason(s)for rezoning and proposed use(s)of property: Div . l/9 ? 4) /Citiv 2rGfir'C7Q/7-i 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 perju th 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�questionjn s to the reques . Signature of Applicant Date Signature of Owner Date 81 Rezone "R-2" to "R-1, R-P" —Former Van Eaton School Site t 'M1 i z41 , .-4 Looking northeast from Burton Avenue. Looking southeast Burton Avenue. 82 STATE OF IOWA, Black Hawk County I do solemnly swear that the annexed copy of 1344399 NOTICE OF PUBLIC HEARING ON REZONIN notice was published in the WATERLOO/CEDAR FALLS COURIER a daily newspaper printed in WATERLOO, Black Hawk County, Iowa, for 1 issues commencing on 03/23/2011, in the issues of 03/23/2011 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. NOTICE OF PUBLIC HEARING ON REZONING Printer' s Bill $14 . 76 TO WHOM IT MAY CONCERN: Notice is hereby given that on the 28th day of March,2011,at 5:30 p.m.in the Council Chambers in the City Hall in the City of Waterloo,Iowa,a public hearing ,�I / I / will be held by the Council otter City of Gl/// Waterloo,Iowa,to approve the request to rezone approximately 2.2 acres gen- erallyrezone located at the former Van Eaton Sined School site at 2170 Burton Avenue,ap- g proximately 1/8 of a mile north of the intersection of Burton Avenue and West Donald Street,upon the recommenda- tion of approval of City Planning,Pro- gramming 8 Zoning Commission,from "R-2"One and Two Family Residence. Subscribed and sworn to before me this District to"R-1,R-P"Planned Residence' _ District for the purpose of allowing for fu- • ture one and two family housing devel- day of , OC�10 ( opment,legally described as follows: A replat of the West'/:of Cushman Heights,Lot 2,Block 2,all in the City of Waterloo,Black Hawk County.Iowa. -- _ Anyone who is interested may appear at said time and place and be heard or may filit writtenH objection with othe City Clerk, �J' 16y ��,I City Hall,Waterloo,Iowa,before the date set for said hearing. + By order of the Council of the City of W a- 7.tary Public terloo this 14th day of March,2011. Suzy Schares,CMC City Clerk Received of the sum of Dollars in full for publication of the above invoice . Notary Seal : ORDINANCE NO. 5033 ORDINANCE AMENDING ORDINANCE NO. 2479, AS AMENDED, BY ADDING SUBSECTION NO. 412 TO SECTION 2A-5, REZONING CERTAIN PROPERTY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA: Section 1 . That Section 2A-5, of Ordinance No. 2479, as amended, be further amended by adding after Subsection No. 411, of said Section, the following Subsection No. Four Hundred Twelve (412) . III "412 . A replat of the West of Cushman Heights, Lot 2, Block 2, all in the City of Waterloo, Black Hawk County, Iowa; now zoned on the Zoning Map of Waterloo, Iowa, approximately 2 . 2 acres as "R-2" One and Two Family Residence District, be and the same is hereby zoned as "R-1,R-P" Planned Residence District as above described, subject to the following conditions: 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. " Section 2 . That the City Clerk be, and she is hereby directed to file a certified copy of this Ordinance with the Recorder of Black Hawk County, Iowa. INTRODUCED: March 28, 2011 PASSED 1st CONSIDERATION: March 28, 2011 PASSED 2nd CONSIDERATION: April 4, 2011 PASSED 3rd CONSIDERATION: April 4, 2011 Ordinance No. 5033 Page 2 PASSED AND ADOPTED this 4th day of April, 2011. )//e / E nest G. Clark, Mayor ATTEST: Suzy S h res, 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 Ordinance No. 5033 as passed and adopted by the City Council of the City of Waterloo, Iowa, on the 4th day of April, 2011 . Witness my hand and seal of office this 4th day of April, 2011. SEAL Suzy c ares, CMC City Clerk 1 _\, CITY OF WATERLOO , IOWA �►�1�,.T��ii COMMUNITY PLANNING AND DEVELOPMENT ��.. . .' m 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319)291-4366 Fax(319)291-4262 t%r,00 '0 NOEL C.ANDERSON,Community Planning&Development Director Council Communication � g' Mayor City Council Meeting: March 1 3 1I BCL ARK CK Prepared: March 9, 2011 � Dept. Head Signatu I Jy" A 3�3�s�as►I #of Attachments: 4'ylaD�l COUNCIL 2 3 �tq MEMBERS �J 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 GETTY HAROLD 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 WELPER 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 WEB SITE:WKINGORYO 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: 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: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 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 % 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 31.11 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 ,Request to rezone approximately 2.2 acres from , ; i R-2 One and Two Family Reisdence District to 4> ,r F.. _ 'R-1 ,R-P" Planned Residence District r, - ,, t..,. IN ra 1 I t Area in Question . �,,, c. 1 • tf� -1 +,. t ' > �. s �J,1 4,�87 " r�„' G # 1, fr- West Parker Street. 1 = 4, t Y� iN � t t'ffiRk ,.. 4 ^ 114 0 .t w�Ir .'' , �. I" ' t * , ,,1. r r��,��� y � Yts2 E j t e R:w — P' T 4.,s I i- �S 4 _ ,, _ , d,,, '.. ,, 'S a�IN Newton Street I k 4 i ri .1011 YF '- Former Lincoln School _r �� (Demolished) . -. -, • i , s'Y ; is 4 .. J • ( m rimumpsommimeimi X - avl .fie �y r rr bT I. • § 814g e at fa.. 1 �� + a ` Kern Street _ ,‘ , :Y411Pr w � N 100 50 0 100 � " �'. 1Feet ' Plat Map — Former Lincoln School Site Rezone _I uy __ � u. �- .n_ P 4 *, i„ .A N. I /Z-Q r.,.;m �e 30; /a � tsO .—�.. er ,,,,—a-. / / ' 994 R93,p 4` h. v0.8 - it. a ,.1 !!10"Sanitary Sewer �s 10"Sanitary Sewer r '' ` ' " v 4+ g ,4 Rik'$ 18"Storm Sewer h 1 q r I Site in Question 3 g rip, W I ' Lie... _ _____L I I Wsa. Z..1.- C< I ill/ I /10 kla I 4 1a a 4"Drain Tile 1 ,' Ale a pp p4 I o�d 1 10"Sanitary Sewer xx a Aar I I ; I oZ Iq 9) R I ^ 1 RI 11 �1 [§ ; 4 I�1y a 4 P k #. d i �`p/R // VV ..Sa3.2 I 55 It >, . , 55 J /`` d`..,: ! t'n: i « .`'. ,-.M(W TON .-..{ Li i 1 e44 46 2 1 50 1 I -- 4" Drain Tile 30"Storm Sewer f�3 - J ,o bra .- If r,. AP Yliac re / c vij %*/4'11) aa g %© J ,(t rois K i Aft 2/ 20 .' { 6 ., Jt4 J ( '-' /9// Ik /aaa /wr J , , 88 APPLICATION FOR REZONING CITY OF WATERLOO PLANNING, PROGRAMMING, AND ZONING COMMISSION WATERLOO, IOWA 319.291.4366 1.APPLICATION INFORMATION: / J a. Applicant's name(pleas. print): L afr �` G/f /t- d,?, Address: 7/5 /74/ /-,,e Phone: ' *-3be Fax: City: �..64172 o ,,State: /4 Zip: . 72.5 b. Status of applicant:(a)Owner G/ (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: _ - q./'g'.-5t Mt'v12 411,0 <5.:;&'r A/ b. Legal description of property to be rezoned: ,_ `E /4 ,µ,c .-p c. Dimensions of Proposed Zoning Boundary(Excluding Right of Way): zeeFe�L d. Area of Proposed Zoning Boundary(Excluding Right of Way): ..7 et e. Current zoning: 2 Requested zoning: Fe- f) JQ f. Reason(s)for rezoning and proposed use(s)of property: 'V.r ,.S;if-- it c /At/b %'V I11Xi 7-55Vi'4" e i71=-7/7i&- . 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 stun 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 h 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 propertyestio 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 i swat .4", m— _ �. v�, ' ' .:� A Looking north from Newton Street. Looking northeast from the intersection of Burton Street and Newton Street. 1 90 STATE OF IOWA, Black Hawk County I do solemnly swear that the annexed copy of • 1344397 NOTICE OF PUBLIC HEARING ON REZONIN notice was published in the WATERLOO/CEDAR FALLS COURIER - , a daily newspaper printed in WATERLOO, Black Hawk County, Iowa, for 1 issues commencing on 03/23/2011, in the issues of 03/23/2011 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 NOTICE OF PUBLIC HEARING ON bill for publishing said notice . REZONING TO WHOM IT MAY CONCERN: Notice is hereby given that on the 28th r day of March,2011,at 5:30 p.m.in the Printer s Bill $17 . 3 6 Council Chambers in the City Hall in the City of Waterloo,Iowa,a public hearing will be held by the Council of the City of /// Waterloo,Iowa,to approve the request to rezone approximately 2.2 acres gen- erally located at the former Lincoln Ele- mentary School site at the fhe southeast corner of Burton Avenue and West Park- er Street,upon the recommendation of Si e • approval of City Planning,Programming &Zoning Commission,from"R-2"One and Two Family Residence District to "R-1,R-P"Planned Residence District, for the purpose of allowing for future one and two family housing development,le- Subscribed and sworn to before me this gaily 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 day o f ��_,,_ , 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 and 16,all in Block 14inSec- ond Addition to Grand View Place,all in r��/t�_ e City of Waterloo,Black Hawk Coun- Iowa. Anyone who is interested may appear at X., said time and place and be heard or may • ota y Publ c/ 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 14th day of March,2011. Suzy Schares,CMC Received of City Clerk j the sum of Dollars in full for publication of the above invoice. Notary Seal: ORDINANCE NO. 5034 ORDINANCE AMENDING ORDINANCE NO. 2479, AS AMENDED, BY ADDING SUBSECTION NO. 413 TO SECTION 2A-5, REZONING CERTAIN PROPERTY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA: Section 1 . That Section 2A-5, of Ordinance No. 2479, as amended, be further amended by adding after Subsection No. 412, of said Section, the following Subsection No. Four Hundred Thirteen (413) . "413 . 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 zoned on the Zoning Map of Waterloo, Iowa, approximately 2 . 2 acres as "R-2" One and Two Family Residence District, be and the same is hereby zoned as "R-1, R-P" Planned Residence District as above described, subject to the following conditions : 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. " Section 2 . That the City Clerk be, and she is hereby directed to file a certified copy of this Ordinance with the Recorder of Black Hawk County, Iowa. INTRODUCED: March 28, 2011 PASSED 1st CONSIDERATION: March 28, 2011 PASSED 2nd CONSIDERATION: April 4, 2011 PASSED 3rd CONSIDERATION: April 4, 2011 Ordinance No. 5034 Page 2 PASSED AND ADOPTED this 4th da of April, 201 . /1141 1 E est G. Clark, Mayor ATTEST: Suzy ch res, 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 Ordinance No. 5034 as passed and adopted by the City Council of the City of Waterloo, Iowa, on the 4th day of April, 2011. Witness my hand and seal of office this 4th day of April, 2011. SEAL Suzy c ares, CMC City Clerk CITY OF WATERLOO , IOWA /,401R•I COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319)291-4366 Fax(319)291-4262 �d"er100 .‘O NOEL C.ANDERSON,Community Planning&Development Director Council Communication Mayor City Council Meeting: March 3 BUCKK Prepared: March 9, 2011 0 7►� 90k Dept. Head Signature. l 3/aot( # of Attachments: COUNCIL •,,J / 1 MEMBERS � �v 2 ' ''[� 4/ II 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 HARTTIN 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 Ward SER 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 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! ;„;,_A,' 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 'Y2 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 , 41,7 Fcc,,,, .,,,. , Request to rezone approximately•� q 2.8 acres from hr;� �', "R-3" Multiple Residence District and "C-2" Commercial District K ' to "C-P" Planned Commercial District ___ << k. . ,' . 311-1 e. '‘ Oktk le fit"., # * / '', A f(r1W>‘Ct '' !la ' — '-' l' cn 1 104 �,(�� ` Area in Question 11 . .4k.,4:- 411,. ,„ , ,› , • ‹,,, , ., , • ... .,. , , ,s, 0 ,, „ ., I' f � ` 1*�4 AA'� '_+� Independence Avenue 11.,,,,,... , it • /r Former Expo High School • iiii,v 927 Franklin Street rt, \N >� `� 4lb 4 �m. �.'*ds~. �.' /" e o r , ., ;'r « `v �'• .�°. s. Courtland Street - •, f r/ r' -r a, , _ � N� ' ' �� S�goo so o ma ` , �r.� ��r. _ a y Plat Map — Former Expo Site Rezone E1 A - .r .r1 '� ' 18"Storm Sewer NE-NE Qv v� y'' I i0 1 � s - _s -zizsza 4tA_,.—.,_ #'C'.,„.+. x �. - =x,.a.kart yam*-.;:.�...- ” ' 7 T_''' 44-k .. t° --1+ 1 • , INO�'PEH 10"Sanitary Sewer j y-' r<7 s•' be ' .Y;,5 8"Sanitary Sewer ,,I / x t5'/ / , '; ,^ 4.. �'ti;a; I Site in Question / 5156 01 / ,mot , / s 'O ,�e `a'! .*Isvek sor harr'11', , rs 0 1' �. � r' 5 1 rZ ah 18"Storm Sewer e c.^_ '0°1 c s° I 'u. ° f812,9,© 'I " al 1) s ! it.,, 'yA`; o p • O t00% to h 4' o A �P11' 8"Sanitary Sewer !� �F<�, a'm I!r ! 0� � p III! 'Y -� '. f.. `j'�- t tr . - `- fi llifT TL/ . .� y 8"Sanitary Sewer t J,// C1 $. 60, ` , 96 APPLICATION FOR REZONING CITY OF WATERLOO PLANNING, PROGRAMMING, AND ZONING COMMISSION WATERLOO,IOWA 319.291.4366 I.APPLICATION INFORMATION: a. Applicant's name(please print): '.7r 7- Qf , �n Address: �/, (�,5 ./ /uiYc.S Jr Phone: ,.�9/- ' Fax: City: !�-OrPF- ,,act State: ",G/ Zip: j- 2 3 b. Status of applicant:(a)Owner e., (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: cc " a. General location of property to be rezoned: 927 > ,4 i. d t 7� 1/ b. Legal description of property to be rezoned: } c. Dimensions of Proposed Zoning Boundary(Excluding Right of Way): i, fzel,Ak, , d. Area of Proposed Zoning Boundary(Excluding Right of Way): v? St- gegle S . e. Current zoning: , .'-,,3,) le -. . Requested zoning: y — f. Reason(s)for rezoning and proposed use(s)of property: rP ej 72 " j-r 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 all information on this request and submitted along with it is true and correct. All information submitted will be ed by he aterloo Planning, Programming, and Zoning Commission and the Waterloo City Council in in their dec ion. The undersigned authorize City Zoning Officials to enter the prop n tion in re ds t he reque . — _.-2. / Signature o pplicant Date Signature of Owner Date 97 • Rezone "C-2" to "C-P"—Expo School Site !ls1 Looking northeast at Expo School Building. 98 STATE OF IOWA, Black Hawk County I do solemnly swear that the annexed copy of 1344393 NOTICE OF PUBLIC HEARING ON REZONIN notice was published in the WATERLOO/CEDAR FALLS COURIER — a daily newspaper printed in WATERLOO, Black Hawk County, Iowa, for 1 issues commencing on 03/23/2011, in the issues of 03/23/2011 of said newspaper, and that the annexed rate of advertising is the regular legal rate of said newspaper, and that the followin is acorrect NOTICE OF PUBLIC HEARING ON g C REZONING bill for publishing said notice. TO WHOM IT MAY CONCERN: Notice is hereby given that on the 28th day of March.2011,al 5:30 p.m.In the Council Chambers In the City Hell In the Printer's Bill $4 8.17 City of Waterloo.Iowa,a public hearing •will be held by the Council of the City of Waterloo.Iowa..to approve the request rn A-Va.,1l tor oaf clgt 927 Frankin aces goo- orally located al the farmer Expo High School sly a182)Frenklin Street,upon Bre remmmentlallon of approval of Ciy Planning,Programming 6 Zoning Cm- Signe V mission,iciand '2 Commercial District to GP'Plafnned Commercial-0etrict,for the purpose of all°wing redevelopment of tire see legally ure commemiallotliro purposes, described as follows. Commencing WalnuSheet the S City of le to lee Subscribed and sworn to before me this Iof owa'220tSoutea'ty°yfromthe Iowa,220 feet southeasterly from the /'1� , Northerly comer of Block ST In Cooley Addi(j^�J know to Waterloo;Iowa,rch rwise Dpna- day of / 11 known and described as'Church Done- h- / _ • �,�4--�, lion Block',and running thence al right d westerlyl 150 feet,sand theenut Street nce at right angles Southeasterly parallel with Walnut; ! (_AA �!' Streal BO feel to the Soulhnserly line ff ° --�H ,�( 1 i�,a of e°Id B1oN 5) thence NOM-e°stmly 'P"� ^��`"- �•y l wence Nortwesterlyt°e gathe�SnutB- lota" P lit. wecterty One of Walnut Street BO feel to lire place of beginning,and Loll in Elokalberas Subdivision,and Ap°col Lots 1.4 and Sin Block S)a Ms Coney smibed as follows: ollon to Waterloo,Iowa da- Received of Commencl olnlonihesoulh- e,eereM line of Walnut Sleet,that is 180 feel comer of ai from the moat Narlh- the sum of .trey comer of said Block 57;running Dollars thence Southwesterly al right angles to thence Walnut at Streetangles Southeasterly a in full for publication of the above invoice. distance o140 feel;thence at right en. glee Northeasterly a distance of 150 feet, to Walnut Street.thence Northwesledy a distance of 150 feet to Walnut Shed; thence Northwesterly along the South- ance Notary Seal: South- westerlyfeet to the place of beginning,ginningreet 11 ,end Assessor Warrens Pal No.1 of Subdivi- sion of Lot 1 of Plat No.1 of a part of the 'Southwest Quarter of Section 24,Town- Ship 9 North.of Range 13 West.end a allot 3 of Section 25,Township Bg North.Range 13 Weal,Lot B; Also Assessor Warrens Plat No.I at Subdiidonofldl otPleiNo.1 ofapart of the Southwest Quarter of Section 24, Township B9 North,of Range 13 West and a part of Lot 3 of Section 25,Town- ship B9 North,Range 13 Wed,all Lot 7, excluding the Southeasterly X of the Southwesterly 150 feel; Also,Eickelbergs Subdivision Lot 2;. Also,Assessor Warrens Plot he.1 of Subdivision of Lot 1 of Piet No.1 of apart of the Southwest Quarter of Section 24, Township 89 North,of Range 13 West and a part of Lot 3 of Section 25.Town- ship B9 North.Range 13 West.of the Southeasterly X of the Southwesterly.. 150 feet of Lot); Also,Assessor Warrens Plel No.1 of Subdivision of Loll d Plat No.1 of a part of the Southwest Querier of Section 24, Township 09 North.of Range 13 West. and a part of Lot of Section 25,Town- ship BB North.Range 13 West.Lots 8 end 9 and a triangle place bounded as • bkows:Commencing al the most South- arty comer of Loll,running thence North along the East line of sold Lot to an ex- tension of the centerline of the alley In Block 1 in Sullivan Days Addition In Wa- terloo.Iowa;thence West along an ex- tension of said centerline to the South- ' westerly tins of Lot 1;thence Southeast- erly along the Southwesterly tins of said Lot to place of beginning: Also,Assessor Warrens Plat No.1 of Subdivision of Lot 1 of Pat No.1 of a part of the Southwest Quarter of Section 24, Township B9.North.of Range 13 West, end a part of Lot 3 of Sedan 25,Town- ship 89 North.Range 13 West,the Northwestda feet of Lot 10..11In the City of Waterloo.Black Hawk County.Iowa. Anyone who 15 Interested may appear at. 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. le bin this 14the Cday or'iMarch.C2011 f W a Suzy ScheCiy C erk.l • ORDINANCE NO. 5035 ORDINANCE AMENDING ORDINANCE NO. 2479, AS AMENDED, BY ADDING SUBSECTION NO. 414 TO SECTION 2A-5, REZONING CERTAIN PROPERTY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA: Section 1 . That Section 2A-5, of Ordinance No. 2479, as amended, be further amended by adding after Subsection No. 413, of said Section, the following Subsection No. Four Hundred Fourteen (414) . "414 . 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 North- easterly 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 : Commencingat apoint 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 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 of the Southwesterly 150 feet of Lot 7; Ordinance No. 5035 Page 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, 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 zoned on the. Zoning Map of Waterloo, Iowa, approximately 2 . 8 acres as "R-3" Multiple Residence District and "C-2" Commercial District, be and the same is hereby zoned as "C-P" Planned Commercial District as above described, subject to the following conditions : 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. " Section 2 . That the City Clerk be, and she is hereby directed to file a certified copy of this Ordinance with the Recorder of Black Hawk County, Iowa. INTRODUCED: March 28, 2011 PASSED 1st CONSIDERATION: March 28, 2011 PASSED 2nd CONSIDERATION: April 4, 2011 PASSED 3rd CONSIDERATION: April 4, 2011 f Ordinance No. 5035 Page 3 PASSED AND ADOPTED this 4th day of April, 2011 . 1! Er est G. Clark, Mayor ATTEST : Suzy S h res, 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 Ordinance No. 5035 as passed and adopted by the City Council of the City of Waterloo, Iowa, on the 4th day of April, 2011 . Witness my hand and seal of office this 4th day of April, 2011 . SEAL Suzy 4t4res, CMC City Clerk l�_o.. IL, CITY OF WATERLOO , IOWA trtSO4r rir,F, �/%l ^" m COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319)291-4366 Fax(319)291-4262 r�r ( NOEL C.ANDERSON,Community Planning&Development Director Council Communication Mayor City Council Meeting: Marc, 4 201 ►. lettn qCLARK r � ptsi BUCK Prepared: March 9, 2011 / h Dept. Head Signatu 4 v.,, - : 3r l�tl # of Attachments: n�"",�I ` COUNCIL 4 2!�13 �t/4 I MEMBERS 20u 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 I 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 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 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 wseR 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 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 : wwwcFORYrbo.ia.us WE'RE WORKING FOR YOU! 1111 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 1 thru 4, and 15 thru 18 in Block 6 in Hillside Addition all in the City of Waterloo, Black Hawk County, Iowa NAta 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 '/ 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 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 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 "R-2" One and Two FamilyResidence District to - , k "R-1 ,R-P" Planned Residence District . - ri rre .,. r 0lstit ` -w � ,.. -- f . a"' Former McKinstry School ti Inde.-ndence Avenu t s i Area in Question I 1. 4 , ems•-a.. e '-t ! J44* ki S. s 40 — Madison•Street ' _ , ..,.. - '' 2 I ��r.. 1 41 ' L > . Q # I Y / as A3 �� 4 5 caa�,x 1 Former Francis Grout School Monroe Street 330 Madison Street r At New Highland 1 ill 1 ti. ,. a Location r z Ti1 ' r �.. ? , ,'I. ,_' Polk Street r t I* 9 i _ , ;x F r II R Q Feet q 7 A Plat Map — Former Francis Grout School Site Rezone TC ,, fi h K "tit „ 'n ~.,; ^ it M ;;; i00 y iI h l%O `Y J. I/ v . 7 Ie,z y7 ♦ Madison Street ---- -----T7 /Y5Y" J /(f r . a 2 e„s+v / 8" Sanitary Sewer r. _ a, ro Tm rc N .n Co m N _ ''. N. y- tn m n n n m '.) n ro m N. r7 n ro M, mil. i 8"Sanitary Sewer ox3OP 11 G/) 7 (' , 9 3 Site in Question 6 I r, ,fie U/J i 2 /3 /y o /0 7'' /8 ,, p 90 y0s_cb r'� 4ai 15"Storm Sewer , =FIEN 5'ou.No. Zavgol}san „ •, 8" Sanitary Sewer M ,1 ,5-' 1 Monroe Street I 104 APPLICATION FOR REZONING CITY OF WATERLOO PLANNING, PROGRAMMING, AND ZONING COMMISSION WATERLOO, IOWA 319.291.4366 1.APPLICATION INFORMATION: a. Applicant's name(please)print): / Address: 7/5 `f C-ii� �F L�d Cd f..` - Phone: ,�1et-.9346 Fax: City: ,(� ,State: /4 Zip: ._-70,..3 b. Status of applicant:(a)Owner v (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: .34) dka dll/ 6fs arzecee _ x) b. Legal description of property to be rezoned: "i, .r :. c. Dimensions of Proposed Zoning Boundary(Excluding Right of Way): .�i../,5-Ty,-?6 d. Area of Proposed Zoning Boundary(Excluding Right of Way): f,f11 .4 5 • e. Current zoning: 1Z';Z Requested zoning: g- (s? f. Reason(s)for rezoning and proposed�use(s),„/q of property: V Vr ,-,`hP AS' ��t/G 'l/J ? . 2k) / 'z17'1 i r'�/7b . _? 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 ma g their deci i . The undersigned authorize City Zoning Officials to enter the propertystio in r s to the reques . (9._que Signature of Applicant Date Signature of Owner Date 105 • Rezone "R-2" to "R-1, R-P"—Francis Grout School Site i f '• , . Looking east at Francis Grout School Looking southeast from Madison Street. building. Looking north from Monroe Street. 106 STATE OF IOWA, Black Hawk County I do solemnly swear that the annexed copy of 1344394 NOTICE OF PUBLIC HEARING ON REZONIN notice was published in the WATERLOO/CEDAR FALLS COURIER - , a daily newspaper printed in WATERLOO, Black Hawk County, Iowa, for 1 issues commencing on 03/23/2011, in the issues of 03/23/2011 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 . NOTICE OF PUBLIC HEARING ON REZONING TO WHOM IT MAY CONCERN: Notice is hereby given that on the 28th Printer' s Bill $14 . 32 day of March,2011,at 5:30 p.m,in the Council Chambers in the City Hall in the. City of Waterloo,Iowa,a public hearing will be held by the Council of the City of Waterloo,Iowa,to approve the request to rezone approximately 1.14 acres gen- erally located at the former Francis Grout �,(74 _ if School site 330 Madison Street at the J j (� southwest corner of Idaho Street and Madison Street,upon the recommenda- Si ned g lion of approval of City Planning,Pro- gramming&Zoning Commission,from 'R-2'One and Two Family Residence District to'R-1,R-P"Planned Residence District,for the purpose of allowing for fu- ture one and two family housing devel- Subscribed and sworn to before me this opment,legally described as follows: Lots 1 thru 4,and 15 thru 18 in Block 6 in F��J Hillside Addition,all in the City of Water- /' ? 9 day of A � , aol I bo,Black Hawk County,Iowa. Cr :::///��1 Anyone who is interested may appear at said time and place and be heard or may file written abjection 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 14th day of March,2011. ares,Suzy• CMC.�% Sch Lary Pu 11C/ City Clerk Received of the sum of Dollars in full for publication of the above invoice . Notary Seal : i r ORDINANCE NO. 5036 ORDINANCE AMENDING ORDINANCE NO. 2479, AS AMENDED, BY ADDING SUBSECTION NO. 415 TO SECTION 2A-5, REZONING CERTAIN PROPERTY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA: Section 1 . That Section 2A-5, of Ordinance No. 2479, as amended, be further amended by adding after Subsection No. 414, of said Section, the following Subsection No. Four Hundred Fifteen (415) . "415. 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 zoned on the Zoning Map of Waterloo, Iowa, approximately 1 . 14 acres as "R-2" One and Two Family Residence District, be and the same is hereby zoned as "R-1, R-P" Planned Residence District as above described, subject to the following conditions : 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 . " Section 2 . That the City Clerk be, and she is hereby directed to file a certified copy of this Ordinance with the Recorder of Black Hawk County, Iowa. INTRODUCED: March 28, 2011 PASSED 1st CONSIDERATION: March 28, 2011 PASSED 2nd CONSIDERATION: April 4, 2011 PASSED 3rd CONSIDERATION: April 4, 2011 Ordinance No. 5036 Page 2 PASSED AND ADOPTED this 4th day of April , 2011 . Ernest G. Clark, Mayor ATTEST: Suzy S h res, 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 Ordinance No. 5036 as passed and adopted by the City Council of the City of Waterloo, Iowa, on the 4th day of April, 2011. Witness my hand and seal of office this 4th day of April, 2011 . <,E;Sks:Ont_. D SEAL Suzy c ares, CMC City Cl rk CITY OF WATERLOO , IOWA COMMUNITY PLANNING AND DEVELOPMENT 41-• 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319)291-4366 Fax(319)291-4262 d'O,l oo \O NOEL C.ANDERSON,Community Planning&Development Director Council Communication Mayor City Council Meeting: March 14 i i , 3 BUCK Prepared: March 9, 2011 �AYih • JJ�l/ CLARx Dept. Head Signatur / ✓ ' • ; 2r #of Attachments: �" J • l ag'�tl COUNCIL 2►talj`�1 �3r �; /,, (�`I MEMBERS �'�"' �•� '1-� 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 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 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 SWELPER 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 WEB SITE: ORYO www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! 111 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 'h 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 ---- - __. 4 8 g.'- Bfs . -° Request to rezone approximately 7.96 acres from "R-211 One and Two Family Residence District to 'R-1 ,R-P" Planned Residence District v ` kd h ... L Z1. k51 y ...,-;.„ I ». . a r .. .. , > illy :> 4 Area in Question "�! di J ',-,� Butler Avenue ? jt 8 K A b,/�M1�'.e�F. a} ..0" xf'o-+ c 5... .ns A ya A Y // // i / / * / a. //� / Dearborn Avenue 44imm, % '.. � / / Former Maywood School �� 800 Milwaukee Avenue Calhoun Street Sal I i � Y =�I� �� eliaga XiiiaDr L ice- 1 r , 1 A.<i �' , 14 Ckpi II 4,, N s¥ A T r.zoo loo o zoa (Feet a7 MEM 1 Plat Map — Former Maywood School Site Rezone N COTTAGE GROVE (,rr ,3""'I AVENUE `, °�"„4., "T, SO ? A 2 ILH 30' Sanitary Sewer Easement w W 1j > aI T1w c B) 8"Sanitary Sewer o Milwaukee Avenue , 0, / i . lj 11 jgtl PPP aq� Iot,:'3. DEARDORNsw a -j.ar a AVE. ez>w q gaT.io Site in Question ®}r,s 67-a> Lam: 00 8"Sanitary Sewer '"----► o 1)k i 1 Ir F r\ q V 8"Sanitary Sewer ho Ja 2 a — " S!3dD \IR T a t 8' ,. B,, ,,, 1$Y '-p'_3.e r7;Z14- 4-{61 3,.SdSw/A6.9Cr `peaN73• 0744 OEINUTEG WO**BETWEEN w.UNE NdwOOO 9 E.LINE SWAT NES.BIBYBN 112 APPLICATION FOR REZONING CITY OF WATERLOO PLANNING,PROGRAMMING, AND ZONING COMMISSION WATERLOO, IOWA 319.291.4366 1.APPLICATION INFORMATION: F G a. Applicant's name(please7print): (4, Address: ?/`j ,,e2e2✓ 2 Phone: ,_ 75'-'/?bb Fax: City: G{),r6 ,,State: /,Q Zip: ?23 b. Status of applicant:(a)Owner r/ (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: Gam") /14 qi AIE(Iibfiycedo.ao c 3 4 r- b. Legal description of property to be rezoned: Sge ,i e- a. . c. Dimensions of Proposed Zoning Boundary(Excluding Right of Way): Ej�} r 6/D d. Area of Proposed Zoning Boundary(Excluding Right of Way): T e. Current zoning: '�';Z Requested zoning: /- (� P f. Reason(s)for rezoning and proposed use(s)of property: c€lig- Srtf ,i r 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. 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 property in_question in s to the reques. is7/ 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 STATE OF IOWA, Black Hawk County I do solemnly swear that the annexed copy of 1344398 NOTICE OF PUBLIC HEARING ON REZONIN notice was published in the WATERLOO/CEDAR FALLS COURIER - , a daily newspaper printed in WATERLOO, Black Hawk County, Iowa, for 1 issues commencing on 03/23/2011, in the issues of 03/23/2011 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 NOTICE OF PUBLIC HEARING ON bill for publishing said notice. REZONING TO WHOM IT MAY CONCERN: Notice is hereby given that on the 28th day of March,2011,at 5:30 p.m.in the Printer' s Bill $24 . 74 Council Chambers in the City Hall in the City of Waterloo,Iowa,a public hearing will be held by the Council of the City of. `►^,^1 toWaterloo,Iowa,to approve the request �1 • , (ALL__ rezone a at la ee acres e,gen- erally located at the former Maywood School site at800 Milwaukee Avenue,at V the northeast corner of Calhoun Street .S lgned -�' and Milwaukee Avenue,upon the rec- ommendation of approval of City Plan- ning,Programming&Zoning Commis- sion,from"R-2"One and Two Family Residence District to'R-1,R-P"Planned Residence District for the purpose of al- lowing for future one and two family Subscribed and sworn to before me this housing development,legally described as follows: Lots,5,6,15 and 16,Maywood'Third Addition,and day Of "' , a�l , That part of Dearborn Street in Maywood Third Addition,in Black Hawk County, Iowa lying East of Milwaukee Avenue, G • being that pa ofin Dearborn 29,StrTeet abut- r ,,,, L 8ng on Lots Nos.6 and 15 in Maywood - Third Addition,and A tract of landrt SectionTownship ( +3 89 North,Range 12 West of the Fifth Principal Meridian,described as com- NOt r Pub mencing at a point on the North and ySouth 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 Received Of 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 the sum of Dollars 635 feet South of the center of said sec- tion;thence North along such center line in full for publication of the above invoice . of said section 610 feet to the point of be- ginning,all in the City of Waterloo,Black Hawk County,Iowa. Anyone who is interested may appear at said time and place and be heard or may Notary Seal : 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 14th day of March,2011. Suzy Scheme,CMC City Clerk ORDINANCE NO. 5037 ORDINANCE AMENDING ORDINANCE NO. 2479, AS AMENDED, BY ADDING SUBSECTION NO. 416 TO SECTION 2A-5, REZONING CERTAIN PROPERTY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA: Section 1 . That Section 2A-5, of Ordinance No. 2479, as amended, be further amended by adding after Subsection No. 415, of said Section, the following Subsection No. Four Hundred Sixteen (416) . "416. 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 zoned on the Zoning Map of Waterloo, Iowa, approximately 7 . 96 acres as "R-2" One and Two Family Residence District, be and the same is hereby zoned as "R-1,R-P" Planned Residence District as above described, subject to the following conditions: 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 . " Section 2 . That the City Clerk be, and she is hereby directed to file a certified copy of this Ordinance with the Recorder of Black Hawk County, Iowa. . Ordinance No. 5037 Page 2 INTRODUCED: March 28, 2011 PASSED 1st CONSIDERATION: March 28, 2011 PASSED 2nd CONSIDERATION: April 4, 2011 PASSED 3rd CONSIDERATION: April 4, 2011 PASSED AND ADOPTED this 4th day of April, 2011 . rnest G. Clark, Mayor ATTEST: ef:,--) ._.....0......L Ca ?_* Suzy h 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 Ordinance No. 5037 as passed and adopted by the City Council of the City of Waterloo, Iowa, on the 4th day of April, 2011 . Witness my hand and seal of office this 4th day of April, 2011 . SEAL Suzy rik-Ct...r-sz-c0 res, CMC City Clerk � �` ��� CITY OF WATERLOO , IOWA �.., .0W4. m COMMUNITY PLANNING AND DEVELOPMENT �..-- - ...-- *' 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319)291-4366 Fax(319)291-4262 drer100 NO NOEL C.ANDERSON,Community Planning&Development Director V.3 ry Council Communication Mayor City Council Meeting: March 14 1VA /� BUCK Prepared: March 9, 2011 �K y l� CLARK Dept. Head Signature: p�� � t 1� # of Attachments: 8 r(U.�du R , .'' - atdlf1�$ COUNCIL �,� 7(' /'lt1�i r�u MEMBERS Q'YSI 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 QUENTIN 1.12 acres from"R-3"Multiple Residence District to "R-1,R-P" Planned HART 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. WELPER Staff believes the "R-1,R-P" Planned Residence District will help to redevelop the Ward 5 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: www.cFOR rbo.ia.us WE'RE WORKING FOR YOU! IIII 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 R1 RP—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—Williston 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—Williston 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 ,. . , „ ;: "R-3" Multiple Residence District to /' "R-1 ,R-P" Planned Residence District ' Area in Question t i � AO.' 5lw r x. V 4 7T ' { a 1 . t� 1R > , 5 d ' ry e lit Pleasant Str • eet ' '" � � E1 i Nil T1 . .... » �_ 'r 1. S« 5 4) t• F_ V 4' Y�ow N Q rc .. P 0 ..� ,5 ,---, i .., .. , N ,€B ) `+' r$ - , 1' r $.s i IPA'. .. ,. "; fi' 3� `er �< n� r fii d , .— t '��• , , / / ,, ,y 44 lit t Williston Avenue V °3f6 3 Y �• ,'p Y M1 X.. A J..£ fp $ -, kil t r • - ---.. .. 446r: '4' ' '111 ' 1 ' rim 4 . -41 ' , Ai ,,, i - _ , - .. , . .„ ,_. . , ., ,.., . ,.. , ... . ,, _ ._ . _ , A , ii MX 100 50 0 100 _9 l ' '; '"1 � Feet �44' I k�`. Plat Map — Williston Field Site Rezone T. g, M'h' M ; , rah.« I f> t,, .(' a /200 0 60 van ciedis 15"Storm Sewer //00 13' 17'113' 17 w �� 8"Sanitary Sewer 3 //oZ 3I� 4 V 4.0 iN/e7� /6a,5" //D� N ti; M I.b N 36"Sanitary Sewer °v,° .!2a u /ea/ //e� o u Ave 1 0 /za9 //o p N f / �1 d / Q l TO PR • /V C/s /pia to /ea - /e49 7 ///z oo .:7 N O /�) DR Pr R. U /ii4 N e � io ui Z /8/6 to 01 o /e/7 ///‘ I M"i ," ///B 0 w k� 1 1- Site in Question waw�� '??a /ez,/ /ea I Q a ta :in . uo /2? `, /?ZJ //d2 NJ 1.0 w H 'Vc*St 1 VI o Y /P&- /iep 0 4.'Is tO f'-s. ‘q'111.\ t Nit t Z l.:?. /ez9 /iza I t m / z.. , ; P /�'J.3 Dry Run Sewer /239 /2...Ar //34 /2dL /c?s7 Age ol 40 ore �`—� /3.99 fo o�, we13' 30' 5.5 a i 120 APPLICATION FOR REZONING CITY OF WATERLOO PLANNING, PROGRAMMING, AND ZONING COMMISSION WATERLOO, IOWA 319.291.4366 1.APPLICATION INFORMATION: 2 a. Applicant's name(please,print): Lan G` Z�a Address: 7/5 /Vz , /, Phone: ,?$-4/3b6 Fax: City: ,State: /4 Zip: •. 7�L3 b. Status of applicant:(a)Owner r/ (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 propertvo be rezoned: j, /,/z cA A/ 4.10 `'t,o7- / c5r b. Legaalldescription property to bee "rezoned:/ 4 c. Dimensions of Proposed Zoning Boundary(Excluding Right of Way): ,r s / d. Area of Proposed Zoning Boundary(Excluding Right of Way): / a,^�S' e. Current zoning: Requested zoning: 1Z-(1 ? P f. Reason(s)for rezoning and proposed use(s)of property: 3r/�7...erp Si-r A c ,+v"b ✓7 -1 tXi ��91/1i,Cge-' R 5//42e-":7/77i74L . 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 perju that, 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 questio in s to the reques . Signature of App scant Date Signature of Owner Date 121 Rezone "R-3" to "R-1, R-P" —Williston Field Site .s . / • �� t - Looking south from the intersection of 7th Looking north from intersection of 7th Street and Williston Avenue. Street and Pleasant Street. 122 STATE OF IOWA, Black Hawk County I do solemnly swear that the annexed copy of 1344400 NOTICE OF PUBLIC HEARING ON REZONIN notice was published in the WATERLOO/CEDAR FALLS COURIER - , a daily newspaper printed in WATERLOO, Black Hawk County, Iowa, for 1 issues commencing on 03/23/2011, in the issues of 03/23/2011 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 NOTICE OF PUBLIC HEARING ON REZONING bill for publishing said notice . TO WHOM IT MAY CONCERN: Notice is hereby given that on the 28th Printer' s Bill $15 . 19 day of March,2011,at 5:30 p.m.in the Council Chambers in the City Hall in the City of Waterloo,Iowa,a public hearing will be held by the Council of the City of /I Waterloo,Iowa,to approve the request CV ` J l I' I to rezone approximatelySre acres gen- erally located at the Williston Field site, at the northeast corner of Williston Ave- nue and West of Street,upon the lan- ( omg,Programming of approval in City Plan- g sing,Programming i Zoning Commis- S 1 ned sion,from Multiple Residenceei Dis- trict to"R-1,R-P"Planned Residence District,for the purpose of allowing for fu- ture one and two family housing devel- opment,legally described as follows: Lot No.3 in Auditor Francis'Dry Run Plat Subscribed and sworn to before me this in the City of Waterloo,excepting the South 30 feet thereof heretofore/ Q con- veyed to the City of Waterloo,Iowa,for 5 //ld�� (^�'�\J street purposes,all in the City of Water- loo,Black Hawk County,Iowa. Anyone who is interested may appear at said time and place and be heard or may file written objection with the City Clerk, La 13 City Hall,Waterloo,Iowa,before the date set for said hearing. • By order of the Council of the City of Wa- terloo this 14th day of March,2011. < i Suzy Schares,CMC Notary Public ' City Clerk Received of the sum of Dollars in full for publication of the above invoice . Notary Seal : ORDINANCE NO. 5038 ORDINANCE AMENDING ORDINANCE NO. 2479, AS AMENDED, BY ADDING SUBSECTION NO. 417 TO SECTION 2A-5, REZONING CERTAIN PROPERTY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA: Section 1 . That Section 2A-5, of Ordinance No. 2479, as amended, be further amended by adding after Subsection No. 416, of said Section, the following Subsection No. Four Hundred Seventeen (417) . "417 . 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 zoned on the Zoning Map of Waterloo, Iowa, approximately 1. 12 acres as "R-3" Multiple Residence District, be and the same is herebyzoned "R-1,R-P"asPlanned Residence District as above described, subject to the following conditions : 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. " Section 2 . That the City Clerk be, and she is hereby directed to file a certified copy of this Ordinance with the Recorder of Black Hawk County, Iowa. INTRODUCED: March 28, 2011 PASSED 1st CONSIDERATION: March 28, 2011 PASSED 2nd CONSIDERATION: April 4, 2011 PASSED 3rd CONSIDERATION: April 4, 2011 Ordinance No. 5038 Page 2 PASSED AND ADOPTED this 4th day of April, 2011 . 1/7 E nest G. Clark, ayor ATTEST: Suzy ch res, 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 Ordinance No. 5038 as passed and adopted by the City Council of the City of Waterloo, Iowa, on the 4th day of April, 2011 . Witness my hand and seal of office this 4th day of April, 2011. SEAL S- LaJA ') Suz c ares CMC Y City Clerk Ark CITY OF WATERLOO , IOWA ii'tl���Ma, prr, �Tm 17/ COMMUNITY PLANNING AND DEVELOPMENT ;? 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319)291-4366 Fax(319)291-4262 1 r 70 '° NOEL C.ANDERSON,Community Planning&Development Director Council Communication Mayor City Council Meeting: March 14 20 3 f �� BUCK Prepared: March 9, 201111-40.fiv,v( Jab 11 CLARK Dept. Head Signature: � 3 # of Attachments: R�.ed. ��fl t I MEMBERS COUNCIL �—c3� �A�i '. 4/"�/p�tl 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.w aterloola.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 % 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 Fieldl 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 i.� _'R __ Request to rezone approximately 6.39 acres from ._: ; "R-2" One and Two Family Residence District to ' a "R-1 ,R-P" Planned Residence District , rForest-Avenue, - — ' 4 let 7.,4"'.:1\ .' .3. I ..,. Mil, . .'' ALIN },+ . ? ' ', , - leg 1 . #" cn , < , m ; > ' ' r — .. - 1.0 ram■ y 's; , .a' iMllia- Hawthome.Avenue I ' . � Area in Question S i Byron Avenue / / Byron Avenue '.; €:• -7 'i-) I III! — . ./.. . c . a* D e ; my 's. w Eureka Street " 75, IN 1 � a te,,. i N ____ A 150 75 0 150 Pee[ 7/1 ,�: Plat Map — Baltimore Field Site Rezone H4WTHO,QNE 61 _ _____ _106 ti i 1 z 4"Drain Tile A - i $ -Wi-jatt 1---- 0 7 i 1 — dr..4te-FAw S _ 8"Sanitary Sewer r FRANCIS R4777ELL. PL, A -. A Site in Question 10- _1 24"Storm Sewer --- 4es.L. *$ i w 1 ° I I r H . , Ii 12"Storm Sewer ? MI 1 Site in Question 10. .. . ORLO C. MILL -S ADDIT/ON (fl ,d --i- :6-7-7rY2'-i'N— (MT— r 1 •194/ V /° .4 \ _ _ Eureka Street __ 136 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):1 _ilk �� //Z 4 7-4 w Address: 7/5 17/1(2,-'ac - Phone: '4x366 Fax: City: `4 cue ,State: /,Q Zip: .X�'7't3 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: 1:347),z irk, . li,.e.// b. Legal description of property to be rezoned: t-.... „4 ,4-c,( 7?. ,, // c. Dimensions of Proposed Zoning Boundary(Excluding Right of Way): �6 ..5 ' x,6tyr d. Area of Proposed Zoning Boundary(Excluding Right of Way): ,grEzJ. e. Current zoning: 'JCS;Z Requested zoning: R- 0 P f. Reason(s)for rezoning and proposed use(s)of property: Pe.GE VFZ_ p .5 = r �N'b 4A/D Wit}-. / !/1'q X cf%i�l Y77ifG-`'_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 perjuryi 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 ng their deci i . The undersigned authorize City Zoning Officials to enter the property question_in s to the reques . Signature of App scant Date Signature of Owner Date 137 Rezone "R-2" to "R-1, R-P"—Baltimore Field Site a. - � .'Tam '`'` •,,p.., ..w... Looking southeast from the intersection of Looking southwest from Hawthorne Hawthorne Avenue and Vermont Street. Avenue. II 138 • STATE OF IOWA, Black Hawk County I do solemnly swear that the annexed copy of 1344388 NOTICE OF PUBLIC HEARING ON REZONI notice was published in the WATERLOO/CEDAR FALLS COURIER - , a daily newspaper printed in WATERLOO, Black Hawk County, Iowa, for 1 issues commencing on 03/23/2011, in the issues of 03/23/2011 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. NOTICE OF PUBLIC HEARING ON REZONING Printer' s Bill $19 . 53 TO WHOM IT MAY CONCERN: Notice is hereby given that on the 28th day of March,2011,at 5:30 p.m.in the Council Chambers in the City Hall in the City of Waterloo,Iowa,a public hearing will be held by the Council of the City of } Waterloo,Iowa,to approve the request togen- erally lly located ato at t telyBalt6.39imoreacresthe Field bee alongthe eastside ef t and HStreet Signed [weer Eureka Street and Hawthorne Avenue,upon the recommendation of approval of City Planning,Programming 8 Zoning Commission,from"R-2"One and Two Family Residence District to Subscribed and sworn to before me this "R-1,R-P"Planned Residence District, far the purpose of allowing for future one S and two family housing development,le- \7 gaily described as follows. day of .s.C. J 1 ( Lai No.scribe as follows art 156 feet there- of in Auditor Francis' l Plat,and ---- Orlo C.Miller Addition,n,all of Lot 1,ex- cept the West 30 feet,Lot 2,and,All that part of Byron Avenue in the City of Wa- terloo,Iowa,lying East of a Northerly extension of the West line of Lot No.1 in . OrIo C.Miller Addition,and West of aline ' that is 156 feet West of the West line of Baltimore Street. Also,all that part of a Public Denver Street in the City of Waterloo,Io- wa,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. Received of Anyone who is interested may appear at said time and place and be heard or may file written objection with the City Clerk, Oily Hall,Waterloo,Iowa,before the the sum of Dollars date set for said hearing. By order of the Council of the City of Wa- in full for publication of the above invoice. terloo this 14th day of March,2011. Suzy Scharer,CMC City Clerk Notary Seal : ORDINANCE NO. 5039 ORDINANCE AMENDING ORDINANCE NO. 2479, AS AMENDED, BY ADDING SUBSECTION NO. 419 TO SECTION 2A-5, REZONING CERTAIN PROPERTY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA: Section 1 . That Section 2A-5, of Ordinance No. 2479, as amended, be further amended by adding after Subsection No. 418, of said Section, the following Subsection No. Four Hundred Nineteen (419) . "419. 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 zoned on the Zoning Map of Waterloo, Iowa, approximately 6. 39 acres as "R-2" One and Two Family Residence District, be and the same is hereby zoned as "R-1, R-P" Planned Residence District as above described, subject to the following conditions : 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 . " Section 2 . That the City Clerk be, and she is hereby directed to file a certified copy of this Ordinance with the Recorder of Black Hawk County, Iowa. INTRODUCED: March 28, 2011 PASSED 1st CONSIDERATION: March 28, 2011 PASSED 2nd CONSIDERATION: April 4, 2011 PASSED 3rd CONSIDERATION: April 4, 2011 Ordinance No. 5039 Page 2 PASSED AND ADOPTED this 4th day of April, 2011 . Ernest G. Clark, Mayor ATTEST: Suzy S h res, 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 Ordinance No. 5039 as passed and adopted by the City Council of the City of Waterloo, Iowa, on the 4th day of April, 2011 . Witness my hand and seal of office this 4th day of April, 2011 . SEAL Suzy c ares, CMC City Clerk CITY OF WATERLOO , IOWA G_ COMMUNITY PLANNING AND DEVELOPMENT Off@ 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319)291-4366 Fax(319)291-4262 er10O } NOEL(.ANDERSON,Community Planning&Development Director Council Communication 11/4A1 Mayor City Council Meeting: March 14 20 YA8/AfBUCKPrepared: March 9, 2011 CLARK /•) -4eta� :3 Dept. Head Signature. � .� �tq /�1�1! # of Attachments: // altJ 3I� � J nd9 , I: 4''tI ci( COUNCIR , J bCdl MEMBERS '"`_- J 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-1,R-P"Planned JONES Residence District at the former Devonshire School site at 515 Devonshire Drive, Ward I 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 GEM 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 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 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.waterloo.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. 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 V2 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 %2 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 1 39 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 % 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 % 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 I IN 1 1,0 1. , ;. . 1- e Pioneer Road Former Devonshire School ar,. 515 Devonshire Drive - 6) . M il IN G@ �� Devonshire Drive I .. ) g , / . ..„.. .:. .,,,,.. . , � . s _ Ail ril esley Court di:: Area in Question , Y r ; wx . ' , S �� es:"a` tom,:�, e 4 4 3 „ y { ` y. ` ' .G � . ' ' # '' a g0 'e0 r k.€+Y Zi ,� �i its „_ f ,,= + � '$ "$ , te s" x �. _ ? air iiit 150 75 0 150 r 'Fee[ r � �6 • l Current Floodplain Map ery 1 July 3, 1985 n ,e: _ -°ate a., it 1 { 6-.wi s. ■ r. s ' , Pioneer Road „ Ili , "; II1 o Former Devonshire School L O c 515 Devonshire Drive ,,,ii �� ._ c Witaills 9t. ' -ra I/ -' .-. ..' 0 :II @�4e .s 9' ' +. . Devonshire Drive ree .„....),,,,,, . ..„...... , / � . ; .... ..„„ili, An il►R A hj , �g ✓l� ,rw:Pt . i a _ :ram. Air p Presley Court / /2 i. Area in Question 004 400 to Zone-A, 100-year floodplain 'z , ,µ� r q ki _r Waterloo Memorial Park Cemetery 1' ' ee�` N 4001‘ 150 75 0..: 150 S�b`r4 `+ IFeet \Z 4 , ` , ,_ Proposed Floodplain Map Anticipated Adoption Date: July 18, 2011 , � 7 a Y Pioneer Road y 140 �N Former Devonshire School — 4.6 515 Devonshire Drive illW — 9 40'(, ':x=ry '$ sue, 1 ! u i -1_ -« ` - ' ` - " Devonshire Drive . . miditilf ammo ,.. , g , ...., .... _., i, .. k ..„,,, '1A, It tO> `. _Abe' -- /N A /// - / / 1 M, 4 Presley Court $ k iy v f vV.al v 1 poi Jane Street- k 1 / ' , leer Area in Question , Zone-A, 100-yearfloodplain ' •> P a ' m" Ili Waterloo Memorial Park Cemetery rs e co 150 75 0 150 "'��1 'tv L\v V,_., Plat Map — Former Devonshire School Site Rezone _ — Devonshire Drive + > f S3 , 4:.:� .dN 4.4 8"Sanitary Sewer t A t1 4"Drain Tile 3f I S 8"Sanitary Sewer Site in Question 10. O 12"Sanitary Sewer • 147 APPLICATION FOR REZONING CITY OF WATERLOO PLANNING, PROGRAMMING, AND ZONING COMMISSION WATERLOO,IOWA 319.291.4366 1.APPLICATION INFORMATION: ,2 a. Applicant's name(please)print): Address: 7/5 ze ,,c7- Phone: /f?bd Fax: City: `,{ ;ff25 A-0 ,State: /4 Zip: b. Status of applicant:(a)Owner I (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 }ocatioon of property to be rezoned: 5/5 � f�l (a.treva5 t b. Legal description of property to be rezoned: y'p � c. Dimensions of Proposed Zoning Boundary(Excluding Right of Way): d. Area of Proposed Zoning Boundary(Excluding Right of Way): g `Z Ac. 5' e. Current zoning: g 2 Requested zoning: R-(, R p f. Reason(s)for rezoning and proposed use(s)of property: teVGr .S A c JN'b -47v 7 /7fj1Ji,46' 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 ma g their deci i . The undersigned authorize City Zoning Officials to enter the property i questionln to the reques . Signature of Applicant Date Signature of Owner Date 148 • Rezone "R-2" to "R-1, R-P" —Devonshire School Site T , dt. am¢ ' } v t4' J. , ei dearmramix vY^~ ,J Y(tk.l - F T� r .itM.. } 5x Looking southwest from Devonshire Drive. Looking southeast from Devonshire Drive. 149 STATE OF IOWA, Black Hawk County • I do solemnly swear that the annexed copy of 1344392 NOTICE OF PUBLIC HEARING ON REZONIN notice was published in the WATERLOO/CEDAR FALLS COURIER - , a daily newspaper printed in WATERLOO, Black Hawk County, Iowa, for 1 issues commencing on 03/23/2011, in the issues of 03/23/2011 of said newspaper, and that the annexed rate of advertising is the regular legal rate of said NU ut OF PUBLIC HEARING ON REZONnewspaper, and that the following is a correct TO WHOM IT MAY CONCERN: Notice is hereby given that on the 28th bill for publishing said notice . day of March,2011,a15'30 p.m.in the Council Chambers'in the City Hall in the City of Waterloo,Iowa,a public hearing Printer' s Bill $23 . 44 will be held by the Council of the City of Waterloo.Iowa,to approve the request to rezone approximately 8.47 acres gen- erally located al the former Devonshire School site at 515 Devonshire Drive along the south side of Devonshire Road,near its intersection with Wenner Drive,upon the recommendation of ap- proval Zoning of om Planning,Programming e Zoning Commission,from Programming ramm One Slgne and Two Family Residence District to "R-1,R-P'Planned Residence District for the purpose of allowing for future one and two family housing development,le- gally described as follows: That part of the West 15 acres of the Subscribed and sworn to before me this 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, day of r ! he 5th Pr Township 89 North,ri of ipal Meridian t,Black Hawk County,Iowa,lying South of the Wester- ' ly extension of the South line of Devon- shireDrive as platted in Byrnbrae Sec- - and Addition to the City of Waterloo,lo- wa,except therefrom the following tracts: Beginning at the Southeast corner ofthe East 5 acres of the Northwest Quarter of -r - --- - the Southeast Quarter of said Section a y Pub i 33;thence West 184.75 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 South- '' Received of easterly to the point of beginning,all in the City of Waterloo,Black Hawk Coun- ty,Iowa. Anyone who is interested may appear at the sum of Dollars said time and place and be heard or may file written objection with the City Clerk, in full for publication of the above invoice . City Hall,Waterloo,Iowa,before the date set for said hearing. By order of the Council of the City of Wa- terloo this 14th day of March,2011. Suzy Schares,CMC City Clerk Notary Seal : ORDINANCE NO. 5040 ORDINANCE AMENDING ORDINANCE NO. 2479, AS AMENDED, BY ADDING SUBSECTION NO. 420 TO SECTION 2A-5, REZONING CERTAIN PROPERTY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA: Section 1 . That Section 2A-5, of Ordinance No. 2479, as amended, be further amended by adding after Subsection No. 419, of said Section, the following Subsection No. Four Hundred Twenty (420) . "420 . 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 zoned on the Zoning Map of Waterloo, Iowa, approximately 8 . 47 acres as "R-2" One and Two Family Residence District, be and the same is hereby zoned as "R-1, R-P" Planned Residence District as above described, subject to the following conditions : 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. " Section 2. That the City Clerk be, and she is hereby directed to file a certified copy of this Ordinance with the Recorder of Black Hawk County, Iowa. • Ordinance No. 5040 Page 2 INTRODUCED: March 28, 2011 PASSED 1st CONSIDERATION: March 28, 2011 PASSED 2nd CONSIDERATION: April 4, 2011 PASSED 3rd CONSIDERATION: April 4, 2011 PASSED AND ADOPTED this 4th day o April, 2011 .d/// E nest G. Clark, Mayor ATTEST: A...--SCL-eLiD uzy Schares, 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 Ordinance No. 5040 as passed and adopted by the City Council of the City of Waterloo, Iowa, on the 4th day of April, 2011 . Witness my hand and seal of office this 4th day of April, 2011 . SEAL Suzy Sc'1:res, CMC City Clerk I �% 1,,_- �iy CITY OF WATERLOO , IOWA liAr.1r•c r r,,_ -. ^^- COMMUNITY PLANNING AND DEVELOPMENT �d 0 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319)291-4366 Fax(319)291-4262 c'rloo NOEL C.ANDERSON,Community Planning&Development Director Council Communication Mayor City Council Meeting: March 14 0 BUCK CLARK Prepared: March 9, 2011Y� 196 11 Dept. Head Signature: I `f . 3124'496(1 # of Attachments: p _ , AS��,: 41�t� If COUNCIL 1�QAdL 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-1,R-P"Planned JONES Residence District, located at the former Irving Elementary School site at 728 Ward 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. QHARTTIN 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 wards WELR 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.waterbo.ia.us WE'RE WORKING FOR YOU! Yar,pioo 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 RICP—Irving School Page 1 of 5 123 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 1/2 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 R1 CP—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 r I. 4- Request to rezone approximately 3.52 acres from • it "R-2" One and Two Family Residence District to "R-1 ,R-P" Planned Residence District I Forest Avenues Li r Former Irving School ' ` a 1 728 Hawthorne Avenue -_ _ _ =g _ !!! ; ;y "�` .� - - t r-- -7 rk-,..-. , - Hawt��e-Avenue ' .. , _ , — ,.,.. , , ... , ,, , ....,. , , , i*„..,,,, . "-, --, ii - „- -_., ;* / / -- , - _ , .., _,--ff Y �I P— w.1 I ,1-I % ifr jaw i 4, ' ii Y ,f _ .�iff r� s,.Vim-' :- {. -_ ' =a r _s .a0 tx _. f ByronAvenue. I ' . - Byron Avenue ''� a, --tr- - , 7 p• r_ I DELItip l I # I Ci € f i j � y - •`ir .r Area in Question r // r - Eureka Street - i l- --- - ik tiiii-r.i ___ „f.: _,,,,111 ,-,1111:: . 14:',_,,,,,_,„ :Li ri-0.0-•iii,-„,,,„-_----_- , -':- :: Az _[ __ - _; re � i } N €Feet �� � €_ - € 7 .l Plat Map — Former Irving Site Rezone Hawthorne Avenue `7j(f it x \^ #° FI• w 21" Storm Sewer A, III rt N4. ,\ 10"Sanitary Sewer 10"Sanitary Sewer xAt , L i- N ; A fi w. 15"Storm Sewer - LoT I /® 4 9 G/ L. k ` Site in Question ri 10. ', - \ /'I It-4 ` 00 RE/T EL L. PLAT E rr CI, 128 APPLICATION FOR REZONING CITY OF WATERLOO PLANNING, PROGRAMMING, AND ZONING COMMISSION WATERLOO, IOWA 319.291.4366 1.APPLICATION INFORMATION: a. Applicant's name leas i ` G'a � PP (p print):.f�iy �* , Address: 7/5 9///./Z .2.�t Phone: 7 - ?e6 Fax: City: `.f/r9 .-mod ,State: /4 Zip: s745 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: 7 g` ,,r a-,,,F ,E 6 Fi'.•J:i'> 5i*.Yr{0 b. Legal description of property to be rezoned: 4rt im p c. Dimensions of Proposed Zoning Boundary(Excluding Right of Way): /t�f-zz/GHz' d. Area of Proposed Zoning Boundary(Excluding Right of Way): A � �f,cx 7 e. Current zoning: 1?2. Requested zoning: jz-r, 12 :P f. Reason(s)for rezoning and proposed use(s)of property: VZa�� ..- - ,Xs' 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 , : 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 property in .-- '', in =:: ;s to the reques ,,.5,„ Signature of Applicant Date Signature of Owner Date 129 Rezone "R-2" to "R-1, R-P"—Irving School Site r. tea — - Looking southeast from the intersection of Looking northeast from the intersection of Western Avenue and Hawthorne Avenue. Western Avenue and Bryon Avenue. 130 STATE OF IOWA, Black Hawk County I do solemnly swear that the annexed copy of 1344396 NOTICE OF PUBLIC HEARING ON REZONIN notice was published in the WATERLOO/CEDAR FALLS COURIER -, a daily newspaper printed in WATERLOO, Black Hawk County, Iowa, for 1 issues commencing on 03/23/2011, in the issues of 03/23/2011 of said newspaper, and that the annexed rate of advertising is the regular legal rate of said NOTICE OF PUBLIC HEARING.ON newspaper, and that the following is a correct -REZDNING bill for publishing said notice . TO WHOM IT MAY CONCERN: is hereby given that on the 28th day of March,2011,at 5.30 p.m.in the Council Chambers in the City Hall in the Printer' s Bill $14 . 76 City of Waterloo,Iowa,a public hearing will be held by the Council of the City of Waterloo,Iowa,to approve the request to rezone approximately 3.52 acres gen- erally located at the former Irving Ele- mentary School site at 728 Hawthorne J 1i�� Avenue.rune,tned southwestcornerof West 81h Street and Hawthorne Avenue,upon ' the recommendation of approval of City Signed Planning,Programming and Two Com- mission,from"R-2'One and Two Family Residence District to"R-1,R-P"Planned Residence District,for the purpose of al- lowing for future one and two family housing development,legally described as follows: Subscribed and sworn to before me this Auditor Francis'Reitzel Plat,Lots 10,11, 12An and 13,all in the City of Waterloo, • 76,1C40 Black Hawk County,Iowa. dayof `` Anyone who is interested may appear y r 1 1 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. • 7 3 By order of the Council of the City of Wa- -:_� terloo this 14th day of March,2011.Suzy Scharer,CM City Clerk Ivota Pubic Received of the sum of Dollars in full for publication of the above invoice . Notary Seal : ORDINANCE NO. 5041 ORDINANCE AMENDING ORDINANCE NO. 2479, AS AMENDED, BY ADDING SUBSECTION NO. 418 TO SECTION 2A-5, REZONING CERTAIN PROPERTY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA: Section 1. That Section 2A-5, of Ordinance No. 2479, as amended, be further amended by adding after Subsection No. 417, of said Section, the following Subsection No. Four Hundred Eighteen (418) . "418 . Auditor Francis' Reitzel Plat, Lots 10, 11, 12 and 13, all in the City of Waterloo, Black Hawk County, Iowa; now zoned on the Zoning Map of Waterloo, Iowa, approximately 3. 52 acres as "R-2" One and Two Family Residence District, be and the same is hereby zoned as "R-1, R-P" Planned Residence District as above described, subject to the following conditions : 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. " Section 2 . That the City Clerk be, and she is hereby directed to file a certified copy of this Ordinance with the Recorder of Black Hawk County, Iowa. INTRODUCED: March 28, 2011 PASSED 1st CONSIDERATION: March 28, 2011 PASSED 2❑d CONSIDERATION: April 4, 2011 PASSED 3rd CONSIDERATION: April 11, 2011 PASSED AND ADOPTED this llth day of April, 2011 . E nest G. Clark, Mayor ATTEST: (--E Suzy S ares, CMC City Clerk l __ Ordinance No. 5041 Page 2 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 Ordinance No. 5041 as passed and adoted by the City Council of the City of Waterloo, Iowa, on the lit day of April, 2011. Witness my hand and seal of office this llth day of April, 2011. SEAL Suzy STiares, CMC City Clerk CITY OF WATERLOO Itahl - 5 ( /50(I Council Communication City Council Meeting:April 4, 2011 Prepared: Date prepared Dept. Head Signature: # of Attachments: SUBJECT: Request the City Council adopt resolutions to preliminarily approve the request for the bid document and specifications for General Contractor Services to construct the Public Works Building Project at 625 Glenwood Street,Waterloo, IA and to instruct the City Clerk to publish notice of hearing on bid document, specifications etc, as May 16, 2011. Submitted by: Mark Rice, Central Garage Superintendent Recommended City Council Action: Approval Summary Statement: Expenditure Required: Source of Funds: I-Jobs Grant, GO Bond proceeds Policy Issue Alternative Background Information: Request council approve setting date of hearing for bid opening on General Contractor services to construct City of Waterloo Public Works Building project. 2 O/ ak goo Pueoc Wows / 1 e,L I eotvPm eTA/© , 6 /0 RESOLUTION NO. 2011-264 RESOLUTION FIXING THE TIME AND PLACE OF HEARING ON PROPOSED PLANS, SPECIFICATIONS, FORM OF CONTRACT, ETC. , IN CONJUNCTION WITH THE F.Y. 2011 WATERLOO PUBLIC WORKS FACILITY, CONTRACT NO. 810, IN THE CITY OF WATERLOO AS MAY 16, 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 16th day of May, 2011, for the purpose of holding a public hearing on proposed plans, specifications, form of contract, etc. , in conjunction with the F.Y. 2011 Waterloo Public Works Facility, Contract No. 810, 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 4th day of April, 2011 . 46iE nest G. Clark, Mayor ATTEST: Suzy Scha es, CMC City Clerk CITY OF WATERLOO .14 fl& M , L E 49-at Council Communication City Council Meeting:April 4, 2011 Prepared: March 25, 2011 Dept. Head Signature: Sandie Greco # of Attachments: 1 SUBJECT: PURCHASING MAST ARM POLES,WILLISTON AT BALTIMORE& WILLISTON AT W. 9111,TRAFFIC SAFETY IMPROVEMENTS TRF-161 Submitted by: Sandie Greco Recommended City Council Action: Set date of public hearing on specifications, plans, and estimate of costs, as well as date of opening the bids for April 18, 2011. Summary Statement This is for purchasing mast arm poles to be installed by traffic operations Department personnel. Expenditure Required$44,000 Source of Funds Iowa Traffic Safety Grant covering 100% of the purchase costs. Policy Issue None. Alternative None. Background Information: The two intersections experience frequent red light running crashes.The safety improvement completely re-signalizes the intersections and replaces pedestal pole mounted signals with mast arm-signals. The expected safety benefit has qualified this project for safety grant funds. CONTRACT DOCUMENTS PURCHASING MAST ARM POLES WILLISTON AT BALTIMORE & WILLISTON AT W. 9TH TRAFFIC SAFETY IMPROVEMENTS WATERLOO, IOWA CS-TSF-8155(717)--85-07 TRF-161 TABLE OF CONTENTS I- NOTICE OF PUBLIC HEARING AND NOTICE TO BIDDERS I-1 RECEIVING OF BIDS I-1 PUBLIC HEARING I-1 II- FORM OF BID OR PROPOSAL II-1 III- TARGETED SMALL BUSINESS (TSB) AFFIRMATIVE ACTION RESPONSIBILITIES ON NON-FEDERAL-AID PROJECTS (THIRD-PARTY STATE-ASSISTED PROJECTS) III-3 A. TSB REQUIREMENTS III-3 B. TSB DIRECTORY INFORMATION III-3 IV- SPECIFICATIONS IV-1 A. RELATED SPECIFICATIONS AND STANDARDS IV-1 B. GALVANIZED STEEL SUPPORTS IV-1 V- GENERAL CONDITIONS OF CONTRACT V-1 VI- SPECIAL CONDITIONS OF CONTRACT VI-1 VII- FORM OF CONTRACT VII-1 I- NOTICE OF PUBLIC HEARING AND NOTICE TO BIDDERS NOTICE OF PUBLIC HEARING On Specifications, Form of Contract, And Estimate of Cost and the NOTICE TO BIDDERS For the Taking of Bids For PURCHASING MAST ARM POLES FOR WILLISTON AT BALTIMORE &WILLISTON AT W. 9TH TRAFFIC SAFETY IMPROVEMENTS WATERLOO, IOWA RECEIVING OF BIDS Sealed bids will be received by the City Clerk of the City of Waterloo, Iowa, at her office at City Hall 715 Mulberry Street Waterloo, Iowa 50703 on the 18 day of April 2011, until 12:00 noon for the purchase of mast arm poles as described in detail in the specifications now on file in the office of the City Clerk. PUBLIC HEARING The City Council will conduct a public hearing on the proposed specifications, drawings, form of contract, and estimate of cost (now on file in the office of the City Clerk) at 5:30 p.m. on April 18, 2011, in the Council Chambers in the City Hall. You may appear and make objection thereto with the City Clerk before the date set for said hearing, or appear and make objection thereto at the hearing. Bids will be opened in open council meeting to be held in the Council Chambers in the City Hall, on April 18, 2011, at 5:30 p.m., and will be acted upon at that time and place or at such later time and place as may then be fixed. The Specifications and the prior proceedings of the City Council referring to and defining said materials are hereby made a part of this notice, and the proposed contract by reference shall be executed in compliance therewith. CITY OF WATERLOO, IOWA Suzy Schares City Clerk NOTICE OF PUBLIC HEARING PAGE I-1 II- FORM OF BID OR PROPOSAL PURCHASING MAST ARM POLES FOR WILLISTON/BALTIMORE & WILLISTON W. 9T" TRAFFIC SAFETY IMPROVEMENTS CITY OF WATERLOO, IOWA Honorable Mayor and City Council Waterloo, Iowa Gentlemen: 1.The undersigned, being a Corporation existing under the laws of the State of , a Partnership consisting of the following partners: , having familiarized (himself) (themselves) (itself) with the plans as well as all the contract documents listed in the Table of Contents and Addenda (if any), as prepared by the the City of Waterloo now on file in the office of the City Clerk, City Hall, Waterloo, Iowa, hereby proposes to furnish all materials and equipment including transportation services required to supply and deliver the MAST ARM POLES, all in accordance with the above-listed documents and for the unit prices for the following items and quantities: PURCHASING TRAFFIC MAST-ARM POLES BID DESCRIPTION UNIT EST. UNIT BID EXTENSION ITEM QTY. PRICE 17.8 TO 18.8 FT GALVANIZED POLE WITH 15 FT ARM AND TRANSFORMER BASE AND ALL THE NECESSARY MATERIAL FOR INSTALLATION 1 INCLUDING ANCHOR BOLTS EA 3 17.8 TO 18.8 FT GALVANIZED POLE WITH 28 FT ARM AND 27 FT OR LONGER LUMINAIRE EXTENSION FOR STANDARD COBRA HEAD AND TRANSFORMER BASE AND ALL THE NECESSARY MATERIAL FOR 2 INSTALLATION INCLUDING ANCHOR BOLTS EA 1 MINIMUM 17.8-18.8 FT GALVANIZED POLE WITH 22 FT ARM AND TRANSFORMER BASE AND ALL THE NECESSARY MATERIAL FOR INSTALLATION 3 INCLUDING ANCHOR BOLTS EA 1 17.8 TO 18.8 FT GALVANIZED POLE WITH 19 FT ARM AND 19 FT OR LONGER LUMINAIRE EXTENSION FOR STANDARD COBRA HEAD AND TRANSFORMER BASE AND ALL THE NECESSARY MATERIAL FOR 4 INSTALLATION INCLUDING ANCHOR BOLTS EA 1 MINIMUM 17.8-18.8 FT GALVANIZED POLE WITH TWO ARMS 31 FT AND 29 FT AND TRANSFORMER BASE AND ALL THE NECESSARY MATERIAL FOR 5 INSTALLATION INCLUDING ANCHOR BOLTS EA 1 TOTAL BID PRICE (NUMERAL): $ TOTAL BID PRICE (WRITING): DOLLARS TSB PAGE II-1 2. In submitting this bid, the bidder understands that the right is reserved by the City of Waterloo, Iowa, to reject any or all bids. If notice of the acceptance of this bid is mailed, emailed, telegraphed, or delivered to the undersigned within thirty (30) days after the opening thereof, or at any time thereafter before this bid is withdrawn, the undersigned agrees to execute and deliver an agreement in the prescribed form within ten (10) days after the agreement is presented to him. 3. The bidder has received the following Addendum or Addenda: Addendum No. Date 4. The bidder has filled in all blanks on this proposal. Those blanks not applicable are marked "none" or"NA". 5. The City reserves the right to select alternates, delete line items, and/or to reduce quantities prior to the award of a contract due to budgetary limitations. (Name of Bidder) (Date) BY: Title Official Address: (Including Zip Code): I.R.S. No. TSB PAGE 11-2 III- TARGETED SMALL BUSINESS (TSB) AFFIRMATIVE ACTION RESPONSIBILITIES ON NON-FEDERAL-AID PROJECTS (THIRD-PARTY STATE-ASSISTED PROJECTS) A. TSB REQUIREMENTS At the time of advertising of this document there were no qualified firms listed on Iowa TSB list who either manufacture or sell mast arm poles. The bidder, however, is encouraged to check the TSB directory information before submitting a bid, in case a TSB manufacturer or supplier becomes available. In case one does appear on the list use the form below to record your contact with them. (In all State-assisted projects made available through the Iowa Department of Transportation, local governments have certain affirmative action requirements to encourage and increase participation of disadvantaged individuals in business enterprises. These requirements are based on Iowa Code Section 19B.7 and 541 Iowa Administrative Code Chapter 4.) B. TSB DIRECTORY INFORMATION Available from: Iowa Department of Inspections and Appeals Targeted Small Business Lucas Building Des Moines, IA 50319 Phone: 515-281-7357 Website: www.iowai.net/iowa/dia/tsb TSB PAGE III-3 -- \ \ \ } E (( = { }/ \ § . .j § ° !) uE) k \§ \ \ \ \ 00 / 0 ) < , \ \ } 0 (2 § — Q 0 o or :o j ) 0 , : 2CO Er.\ / _ G-( Ba uJ\ / f /7 / ) WO / 0 / \ � \° ) . / 35 ) � \ \ \\ 5 / i { \ co ) /5 \ ®o {) ) = yu o (z \ ( = mf / \ •0 \ ) q' � p -0 j / < \ ) / § %t { § )8 3/ \ � 73_r Jo \ \\ 0° (\ ƒ m$ / °) rn I— { / H CO \ \ / } co /I2 � MI { ( /§5 ) o \\\ 0 \){�\# \ cn-}�\ { § i{ Eos z §{ . : ] r m . 0 {)$() e 5] / 3 0 E5c0 ) / e IV- SPECIFICATIONS GALVANIZED STEEL SUPPORT POLE AND MAST ARM WILLISTON @ BALTIMORE, & WILLISTON @ W. 9TH WATERLOO, IOWA IOWA DOT PROJECT NUMBER: CS-TSF-8155(717)-85-07 TRAFFIC OPERATIONS PROJECT NUMBER: TRF-161 A. RELATED SPECIFICATIONS AND STANDARDS 1. The supplier shall comply with all of the standards listed in paragraphs 2 to 6 below. 2. Iowa Department of Transportation Standard Specifications for Highway and Bridge Construction, and all current Supplemental Specifications in particular Section 2404: Reinforcements; Section 2408: Steel Structures; Section 2423: Supplemental Standards for Highway Signs, Luminaires, and Traffic Signals; Section 4187: Material for Support Structures. 3. Specifications of the Underwriters Laboratories, Inc. 4. ASTM (American Society for Testing Materials) standards. 5. ANSI (American National Standards Institute) standards. 6. All pertinent state and federal laws and regulations covering material and design. B. GALVANIZED STEEL SUPPORTS 1. The sign mast arms and support poles shall be continuous steel poles of the anchor base type. The pole shall be fabricated from low carbon (maximum carbon 0.30%) steel of U.S. Standard Gauge and shall be manufactured from steel sheet with one continuous welded vertical seam. 2. After manufactured, they shall have a minimum yield strength of 48,000 psi. The base shall be of heavy cast or rolled steel attached to the lower end of the shaft by a continuous weld on both the inside and outside of the shaft. The diameter of the bolt circle shall be as specified by the manufacturer. 3. Welding and fabrication shall conform to the Structural Welding Code AWS, as modified by ASSHTO Standard Specifications for Welding of Structural Steel Highway Bridges. 4. The pole shall be designed to support the signs and all the static and dynamic loads such as wind loads as required in the Specifications and Standards. 5. The mast arms and poles shall be supplied with all necessary hardware, such as base-plates, shims, and anchor bolts, etc., to provide for a complete installation without additional parts. 6. Galvanization of the pole and mast arms shall be in accordance with the latest revision of A.S.T.M. A123. All hardware shall be of hot dipped galvanized steel SPECIFICATIONS PAGE IV-1 in accordance with the latest revision of A.S.T.M. A123. All mast arms and support poles shall be galvanized steel and shall be in conformance with IDOT Specification 2525. 7. All supports shall contain the anchor bolts. The anchor bolts shall be constructed from A36 steel with minimum yield strength of 50,000 psi. The anchor bolts shall be hot dipped galvanized for a minimum of 12" on the threaded end and shall be threaded a minimum of 6" at one end and have a 4" long, 90° bend at the other end. 8. Certification. The fabricator shall certify that the mast arms are capable of withstanding winds of at least 100 mph without failure; that only certified welding operators in accordance with AWS D1.1-75 or latest revisions were used; and that only electrodes as modified by the current version of AASHTO Standard Specifications for Welding of Structural Steel for Highway Bridges were used. SPECIFICATIONS PAGE IV-2 City of Waterloo, Iowa V- GENERAL CONDITIONS OF CONTRACT For Purchasing Traffic Signal Goods 1. Definitions 1.1 In this Contract, the following terms shall be interpreted as indicated: (a) "The Contract" means the agreement entered into between the City of Waterloo, and the Supplier, as recorded in the Contract Form signed by the parties, including all attachments and appendices thereto and all documents incorporated by reference therein. (b) "The Contract Price" means the price payable to the Supplier under the Contract for the full and proper performance of its contractual obligations. (c) "The Goods" means any material, equipment, or machinery, which the Supplier is required to supply to the City under the Contract. (d) "The Services" means those services ancillary to the supply of the Goods, such as transportation and insurance, and any other incidental services. (e) "GCC" means the General Conditions of Contract contained in this section. (f) "SCC" means the Special Conditions of Contract. (g) "The City" means the the City of Waterloo, Iowa. (h) "The Supplier" means the individual or firm supplying the Goods and Services under this Contract. (i) "The Project Site," where applicable, means the place or places named in SCC. (j) "Day" means calendar day. 2. Application These General Conditions shall apply to the extent that they are not superseded by provisions of other parts of the Contract. 3. Standards The Goods supplied under this Contract shall conform to the standards mentioned in the Specifications. 4. Use of Contract Documents and Information Any document, other than the Contract itself, enumerated in GCC shall remain the property of the City and shall be returned (all copies) to the City on completion of the Supplier's performance under the Contract if so required by the City. 5. Patent Rights The Supplier shall indemnify the City against all third-party claims of infringement of patent, trademark, or industrial design rights arising from use of the Goods or any part thereof in the City. 6. Performance Security 6.1 Within thirty (30) days of receipt of the notification of Contract award, the successful Bidder shall furnish to the City the performance security in the amount specified in SCC. PAGE V-1 6.2 The proceeds of the performance security shall be payable to the City as compensation for any loss resulting from the Supplier's failure to complete its obligations under the Contract. 6.3 The performance security shall in one of the following forms: (a) a bank guarantee or an irrevocable letter of credit issued by a reputable bank, in the form provided in the bidding documents or another form acceptable to the City; or (b) a cashier's or certified check or certified share draft.. 6.4 The performance security will be discharged by the City and returned to the Supplier not later than thirty (30) days following the date of completion of the Supplier's performance obligations under the Contract, including any warranty obligations, unless otherwise specified in SCC. 7. Inspections and Tests 7.1 The City or its representative shall have the right to inspect and/or to test the Goods to confirm their conformity to the Contract specifications at no extra cost to the City. SCC and the Technical Specifications shall specify what inspections and tests the City requires and where they are to be conducted. The City shall notify the Supplier in writing, in a timely manner, of the identity of any representatives retained for these purposes. 7.2 The inspections and tests may be conducted on the premises of the Supplier or its subcontractor(s), at point of delivery, and/or at the Goods' final destination. If conducted on the premises of the Supplier or its subcontractor(s), all reasonable facilities and assistance, including access to drawings and production data, shall be furnished to the inspectors at no charge to the City. 7.3 Should any inspected or tested Goods fail to conform to the Specifications, the City may reject the Goods, and the Supplier shall either replace the rejected Goods or make alterations necessary to meet specification requirements free of cost to the City. 7.4 The City's right to inspect, test and, where necessary, reject the Goods after the Goods' arrival to the final destination shall in no way be limited or waived by reason of the Goods having previously been inspected, tested, and passed by the City or its representative prior to the Goods shipment. 7.5 Testing and inspecting under GCC Clause 7 shall not in any way release the Supplier from any warranty or other obligations under this Contract. 8. Packing 8.1 The Supplier shall provide such packing of the Goods as is required to prevent their damage or deterioration during transit to their final destination, as indicated in the Contract. The packing shall be sufficient to withstand, without limitation, rough handling during transit and exposure to extreme temperatures, salt and precipitation during transit, and open storage. 8.2 The packing, marking, and documentation within and outside the packages shall comply with such special requirements as shall be expressly provided for in the Contract, including additional requirements, if any, specified in SCC, and in any subsequent instructions ordered by the City. PAGE V-2 9. Delivery and Documents 9.1 Delivery of the Goods shall be made by the Supplier in accordance with the terms specified in the Notice to Bidders. The details of shipping and/or other documents to be furnished by the Supplier are specified in SCC. 9.3 Documents to be submitted by the Supplier are specified in SCC. 10. Insurance The Goods supplied under the Contract shall be fully insured against loss or damage incidental to manufacture or acquisition, transportation, storage, and delivery in the manner specified in the SCC. 11.Transportation The Supplier is required under Contract to deliver the Goods to the location specified in the SCC and bear all the associated costs unless otherwise specified in the SCC. 12. Incidental Services 12.1 The Supplier may be required to provide any or all of the following services, including additional services, if any, specified in SCC: (a) performance or supervision of on-site assembly and/or start-up of the supplied Goods; (b) furnishing of tools required for assembly and/or maintenance of the supplied Goods; (c) furnishing of a detailed operations and maintenance manual for each appropriate unit of the supplied Goods; (d) performance or supervision or maintenance and/or repair of the supplied Goods, for a period of time agreed by the parties, provided that this service shall not relieve the Supplier of any warranty obligations under this Contract; and (e) training of the City's personnel, at the Supplier's plant and/or on-site, in assembly, start-up, operation, maintenance, and/or repair of the supplied Goods. 12.2 Prices charged by the Supplier for incidental services, if not included in the Contract Price for the Goods, shall be agreed upon in advance by the parties and shall not exceed the prevailing rates charged to other parties by the Supplier for similar services. 13.Spare Parts 13.1 As specified in SCC, the Supplier may be required to provide any or all of the following materials, notifications, and information pertaining to spare parts manufactured or distributed by the Supplier: (a) such spare parts as the City may elect to purchase from the Supplier, provided that this election shall not relieve the Supplier of any warranty obligations under the Contract; and (b) in the event of termination of production of the spare parts: (i) advance notification to the City of the pending termination, in sufficient time to permit the City to procure needed requirements; and PAGE V-3 (ii) following such termination, furnishing at no cost to the City, the blueprints, drawings, and specifications of the spare parts, if requested. 14.Warranty 14.1 The Supplier warrants that the Goods supplied under the Contract are new, unused, of the most recent or current models, and that they incorporate all recent improvements in design and materials unless provided otherwise in the Contract. The Supplier further warrants that all Goods supplied under this Contract shall have no defect, arising from design, materials, or workmanship (except when the design and/or material is required by the City's specifications) or from any act or omission of the Supplier, that may develop under normal use of the supplied Goods in the conditions prevailing in the country of final destination. 14.2 This warranty shall remain valid for twelve (12) months after the Goods, or any portion thereof as the case may be, have been delivered to and accepted at the final destination indicated in the Contract unless specified otherwise in SCC. 14.3 The City shall promptly notify the Supplier in writing of any claims arising under this warranty. 14.4 Upon receipt of such notice, the Supplier shall, within the period specified in SCC and with all reasonable speed, repair or replace the defective Goods or parts thereof, without costs to the City. 14.5 If the Supplier, having been notified, fails to remedy the defect(s) within the period specified in SCC, the City may proceed to take such remedial action as may be necessary, at the Supplier's risk and expense and without prejudice to any other rights which the City may have against the Supplier under the Contract. 15. Payment 15.1 The method and conditions of payment to be made to the Supplier under this Contract shall be specified in SCC. 15.2 The Supplier's request(s) for payment shall be made to the City in writing, accompanied by an invoice describing, as appropriate, the Goods delivered and Services performed, and by documents submitted pursuant to GCC Clauses, and upon fulfillment of other obligations stipulated in the Contract. 16. Prices Prices charged by the Supplier for Goods delivered and Services performed under the Contract shall not vary from the prices quoted by the Supplier in its bid, with the exception of any price adjustments authorized in SCC or in the City's request for bid validity extension, as the case may be. 17.Change Orders 17.1 The City may at any time, by a written order given to the Supplier pursuant to GCC Clauses, make changes within the general scope of the Contract in any one or more of the following: (a) drawings, designs, or specifications, where Goods to be furnished under the Contract are to be specifically manufactured for the City; (b) the method of shipment or packing; (c) the place of delivery; and/or PAGE V-4 (d) the Services to be provided by the Supplier. 17.2 If any such change causes an increase or decrease in the cost of, or the time required for, the Supplier's performance of any provisions under the Contract, an equitable adjustment shall be made in the Contract Price or delivery schedule, or both, and the Contract shall accordingly be amended. Any claims by the Supplier for adjustment under this clause must be asserted within thirty (30) days from the date of the Supplier's receipt of the City's change order. 18.Contract Amendments Subject to GCC Clauses, no variation in or modification of the terms of the Contract shall be made except by written amendment signed by the parties. 19.Assignment The Supplier shall not assign, in whole or in part, its obligations to perform under this Contract, except with the City's prior written consent. 20.Subcontracts 20.1 The Supplier shall notify the City in writing of all subcontracts awarded under this Contract if not already specified in the bid. Such notification, in the original bid or later, shall not relieve the Supplier from any liability or obligation under the Contract. 20.2 Subcontracts must comply with the provisions of GCC Clauses. 21. Delays in the Supplier's Performance 21.1 Delivery of the Goods and performance of Services shall be made by the Supplier in accordance with the time schedule prescribed by the City in the Notice to Bidders. 21.2 If at any time during performance of the Contract, the Supplier or its subcontractor(s) should encounter conditions impeding timely delivery of the Goods and performance of Services, the Supplier shall promptly notify the City in writing of the fact of the delay, its likely duration and its cause(s). As soon as practicable after receipt of the Supplier's notice, the City shall evaluate the situation and may at its discretion extend the Supplier's time for performance, with or without liquidated damages, in which case the extension shall be ratified by the parties by amendment of Contract. 21.3 Except as provided under GCC Clause 24, a delay by the Supplier in the performance of its delivery obligations shall render the Supplier liable to the imposition of liquidated damages pursuant to GCC Clause 22, unless an extension of time is agreed upon pursuant to GCC Clause 22.2 without the application of liquidated damages. 22. Liquidated Damages Subject to GCC Clause 24, if the Supplier fails to deliver any or all of the Goods or to perform the Services within the period(s) specified in the Contract, the City shall, without prejudice to its other remedies under the Contract, deduct from the Contract Price, as liquidated damages, a sum as specified in the SCC for each week or part thereof of delay until actual delivery or performance, up to a maximum delay specified PAGE V-5 in the SCC. Once the maximum is reached, the City may consider termination of the Contract pursuant to the GCC Clause 23. 23.Termination for Default 23.1 The City, without prejudice to any other remedy for breach of Contract, by written notice of default sent to the Supplier, may terminate this Contract in whole or in part: (a) if the Supplier fails to deliver any or all of the Goods within the period(s) specified in the Contract, or within any extension thereof granted by the City pursuant to GCC Clause 21; or (b) if the Supplier fails to perform any other obligation(s) under the Contract. 23.2 In the event the City terminates the Contract in whole or in part, pursuant to GCC Clause 23.1, the City may procure, upon such terms and in such manner as it deems appropriate, Goods or Services similar to those undelivered, and the Supplier shall be liable to the City for any excess costs for such similar Goods or Services. However, the Supplier shall continue performance of the Contract to the extent not terminated. 24. Force Majeure 24.1 Notwithstanding the provisions of GCC Clauses 21, 22, and 23, the Supplier shall not be liable for forfeiture of its performance security, liquidated damages, or termination for default if and to the extent that its delay in performance or other failure to perform its obligations under the Contract is the result of an event of Force Majeure. 24.2 For purposes of this clause, "Force Majeure" means an event beyond the control of the Supplier and not involving the Supplier's fault or negligence and not foreseeable. Such events may include, but are not restricted to, acts of the City in its sovereign capacity, wars, fires, floods, epidemics. 24.3 If a Force Majeure situation arises, the Supplier shall promptly notify the City in writing of such condition and the cause thereof. Unless otherwise directed by the City in writing, the Supplier shall continue to perform its obligations under the Contract as far as is reasonably practical, and shall seek all reasonable alternative means for performance not prevented by the Force Majeure event. 25.Termination for Insolvency The City may at any time terminate the Contract by giving written notice to the Supplier if the Supplier becomes bankrupt or otherwise insolvent. In this event, termination will be without compensation to the Supplier, provided that such termination will not prejudice or affect any right of action or remedy which has accrued or will accrue thereafter to the City. 26.Termination for Convenience 26.1 The City, by written notice sent to the Supplier, may terminate the Contract, in whole or in part, at any time for its convenience. The notice of termination shall specify that termination is for the City's convenience, the extent to which performance of the Supplier under the Contract is terminated, and the date upon which such termination becomes effective. PAGE V-6 26.2 The Goods that are complete and ready for shipment within thirty (30) days after the Supplier's receipt of notice of termination shall be accepted by the City at the Contract terms and prices. For the remaining Goods, the City may elect: (a) to have any portion completed and delivered at the Contract terms and prices; and/or (b) to cancel the remainder and pay to the Supplier an agreed amount for partially completed Goods and Services and for materials and parts previously procured by the Supplier. 27.Settlement of Disputes 27.1 If any dispute or difference of any kind whatsoever shall arise between the City and the Supplier in connection with or arising out of the Contract, the parties shall proceed in accordance with the rules of procedure specified in the SCC. 27.3 Notwithstanding any reference to the SCC herein, (a) the parties shall continue to perform their respective obligations under the Contract unless they otherwise agree; and (b) the City shall pay the Supplier any monies due the Supplier. 28. Notices 28.1 Any notice given by one party to the other pursuant to this Contract shall be sent to the other party in writing or by cable, telex, or facsimile and confirmed in writing to the other party's address specified in the SCC. 28.2 A notice shall be effective when delivered or on the notice's effective date, whichever is later. 29.Taxes and Duties This purchase is tax exempt. The Supplier shall be entirely responsible for obtaining tax-exempt forms and all taxes (if any), duties, license fees, etc., incurred until delivery of the contracted Goods to the City. PAGE V-7 • City of Waterloo, Iowa VI- SPECIAL CONDITIONS OF CONTRACT Purchasing Mast Arm Poles Williston/Baltimore & Williston/W. 9th CS-TSF-8155(717)--85-07 TRF-161 1. Project Purchasing mast arm poles. Description 2. Project Location City of Waterloo, Iowa 3. City's Address City of Waterloo 715 Mulberry Street Waterloo, Iowa 50703. 4. Performance NONE Security 5. Inspections and As per Contract Documents Tests 6. Packing As per Contract Documents 7. Delivery and As per Contract Documents Documents 8. Insurance All insurance cost to deliver the Goods to their final destination in a acceptable condition are the Supplier's responsibility. 9. Transportation Goods shall be transported and delivered to the following address: City of Waterloo Traffic Operations Department 408 E. 6th Street Waterloo, Iowa 50703. 10. Incidental NONE. Services 11. Spare Parts NONE. 12. Warranty As per Contract Documents. 13. Payment Upon receipt of invoice and after the goods has been delivered and inspected by the City and accepted by the City, payment processed will be initiated.. 14. Adjustment in NONE Prices 15. Liquidated As specified in the Notice to Bidders. Maximum delay is 30 days. Damages 16. Settlement of Normal procedures. Disputes PAGE VI-1 VII- FORM OF CONTRACT PURCHASING MAST ARM POLES FOR WILLISTON / BALTIMORE & WILLISTON /W. 91" TRAFFIC SAFETY IMPROVEMENTS CITY OF WATERLOO, IOWA This contract is made and entered into this day of , 2011 , by and between the City of Waterloo, Iowa, a Municipal Corporation, (hereinafter referred to as City), and of (city and state) (hereinafter referred to as Supplier), WITNESSETH: PAR. 1 Supplier agrees to provide the MAST ARM POLES as called for in the specifications and plans in a workmanshiplike manner and for the prices set forth in supplier's bid, which was accepted by the city, and which is understood and agreed to be a part of this contract. PAR. 2 It is understood and agreed that the resolution adopted by the City Council ordering the purchase of the goods, the Notice to Bidders as published, the Form of Proposal, the council proceedings relating to this matter, General Conditions of Contract, Special Conditions of Contract and the Specifications shall all be considered as forming a part of the contract the same as through they were each set out in said contract. PAR. 3 The supplier agrees to furnish at its own cost and expense, all goods in strict accordance with the requirements of this contract, and of the specifications made a part hereof by reference, and to the satisfaction and approval of the city and it's engineer. PAR 4. The supplier agrees to provide the goods according to the delivery dates set in the Notice to Bidders. PAR 5. Should the supplier fail to provide said goods in strict accordance with the terms and conditions of this contract, or the specifications herein promptly by the date specified, the city may pay such additional sums as it may be required to pay by reason of the failure of said supplier and deduct all such sums from the amount then due the supplier. PAR. 6 The supplier agrees to pay punctually all just claims of labor, material, or subcontractors in relation to supplying of these goods. It is agreed that the city need not pay the supplier until all such claims are paid by the supplier. It is agreed that the city shall not be liable for said labor or material under this contract. PAR. 7 In consideration of the full compliance on the apart of the supplier with all the provisions, stipulations, and conditions hereof, or contained in the various instruments made a part of this contract by reference, and upon delivery and acceptance of said goods, the city agrees to pay to the supplier, in the manner set out in the Notice to Bidder, the amount of money due the supplier for goods delivered and accepted, at the unit prices set out in the supplier's bid, which has been accepted by the city. FORM OF CONTRACT PAGE VII-1 PAR. 8 The total amount of the contract, based on the quantities and the supplier's unit bid prices is required is $ PAR. 9 This contract is not divisible, but in the event of a conflict between this contract and the various instruments incorporated by reference, this contract shall govern. SUPPLIER: OWNER: CITY OF WATERLOO, IOWA BY: BY: TITLE: TITLE: MAYOR Approved by the City Council of the City of Waterloo, Iowa, this day of , 2011. ATTEST: , City Clerk FORM OF CONTRACT PAGE VII-2 RESOLUTION NO. 2011-265 RESOLUTION PRELIMINARILY APPROVING THE SPECIFICATIONS, BID DOCUMENT, FORM OF CONTRACT, ESTIMATE OF COST, ETC. , IN CONJUNCTION WITH THE PURCHASE OF TRAFFIC MAST ARM POLES, WILLISTON AT BALTIMORE AND WILLISTON AT WEST 9TH• WHEREAS, the City Council of the City of Waterloo, Iowa, heretofore instructed the Superintendent of Traffic Operations of said City to prepare proposed specifications, bid document, form of contract, estimate of cost, etc. , in conjunction with the Purchase of Traffic Mast Arm Poles, Williston at Baltimore and Williston at West 9th, in the City of Waterloo, Iowa, and WHEREAS, said Superintendent of Traffic Operations did file said specifications, bid document, form of contract, estimate of cost, etc. , in conjunction with the Purchase of Traffic Mast Arm Poles, Williston at Baltimore and Williston at West 9th 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 Traffic Mast Arm Poles, Williston at Baltimore and Williston at West 9th, in the City of Waterloo, Iowa, be, and the same are hereby, preliminarily approved as filed. PASSED AND ADOPTED this 4th day of April, 2011 . /1,/(44,t4Off &lc Ernest G. Clark, Mayor ATTEST: zy Scha es, CMC City Clerk MINUTES WATERLOO REGIONAL AIRPORT BOARD Tuesday February 22, 2011 I. ROLL CALL Cynthia Goro declared a quorum and called the meeting to order at 1:00 pm. Board members present were Cynthia Goro, Mark Higley, Pat Cole, and Ed McCann. Director Brad Hagen and a Tina from WCF Courier were also in attendance. Absent: Aaron Buzza, Tom Schellhardt, Steve Dust, Councilman Getty, and Councilman Hart II. AGENDA AS RECEIVED OR AMENDED. Director Hagen asked to have the T-hangar lease to Rick Green added to the agenda. III. PUBLIC COMMENTS. None. IV. REPORTS A. Director's report—Director Hagen reviewed City budget reports through January 2011. Each revenue and expense line item was reviewed. Hagen discussed January 2011 revenues and expenses. Hagen reviewed airfares, on-time performance, load factor analysis, and enplanements were essentially flat. Hagen also discussed Delta Airlines (DL) on-time performance for the month and calendar year. Discussion followed. V. BOARD APPROVAL C. Approval of Minutes of January 25, 2011 Regular Meeting. Higley moved to approve the minutes. McCann seconded. Ayes: McCann, Goro, Higley, and Cole. Motion passed. D. Motion to Receive and File January 2011 Expenses. All expenses were reviewed. Director Hagen discussed the expenses that were non-reoccurring. Higley moved to approve the minutes. McCann seconded. Ayes: McCann, Goro, Higley, and Cole. Motion passed E. Approval of Change Order #2 — Rehabilitation of Runway 18/36. Hagen presented a draft Change Order (CO) #2 for Runway 18/36 project in the amount of$39,963.85. The CO is finalizing the adjusted quantities for the project. The funding will come 95%from FAA grant and 5% from PFC. The project is substantially complete and will be closed out soon with FAA. A discussion of the CO breakdown and project followed. Goro moved to approve CO #2. McCann seconded. Ayes: McCann, Goro, Higley, and Cole. Motion passed F. Approval of 5 Year CIP. Hagen presented a draft 5-year CIP for board approval prior to forwarding to FAA. The CIP is required by FAA and City of Waterloo. The CIP was put together in accordance with the airport master plan, airport staff, AECOM, and FAA officials. Funding for all projects has been identified with 95% FAA grants and 5% PFC. Each year's projects were reviewed. Cole moved to approve the 5 Year CIP. McCann seconded. Ayes: McCann, Goro, Higley, and Cole. Motion passed G. Approval of T-Hangar lease with Rick Green. Hagen presented a T-hangar lease with Rick Green for board approval. Rick is proposing to lease hangar#22 with a monthly rent of$125. The lease is the same as all other T-hangar leases at the Airport. Higley moved to approve T-hangar lease with Rick Green. McCann seconded. Ayes: McCann, Goro, Higley, and Cole. Motion passed VI. OLD BUSINESS VII. NEW BUSINESS VIII. 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