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Council Packet - 10/18/2021
COUNCIL WORK SESSION October 18, 2021 Time indicated below Harold E. Getty Council Chambers RULES FOR WORK SESSION PUBLIC COMMENT Iowa Code Chapter 21 gives the public the right to attend council meetings, but it does not require cities to allow public participation except during public hearings. The city council shall not receive any public comment during a work session. Roll Call Agenda, as proposed or amended Approval of Minutes Minutes of October 4, 2021, as proposed. 3:45 p.m. Department updates from Waterloo Regional Airport and Leisure Services Department. Submitted By:Keith Kaspari,Airport Director and Paul Huting,Leisure Services Director Approx. Discussion of litter control and native grasses ordinance amendments. 4:20 p.m. Submitted By:Martin M.Petersen,City Attorney Approx. Amendments to the sidewalk repair program ordinance. 4:50 p.m. Submitted By:Jamie Knutson,PE, City Engineer ADJOURNMENT Kelley Felchle City Clerk CITY OF WATERLOO Council Communication Minutes of October 4, 2021, as proposed. City Council Meeting: 10/18/2021 Prepared: REVIEWERS: Department Reviewer Action Date Clerk Office Higby, Nancy Approved 10/11/2021 - 11:11 AM ATTACHMENTS: Description Type ❑ Work Session Minutes of October 4, 2021 Backup Material COUNCIL WORK SESSION October 4, 2021 3:50 p.m. Harold E. Getty Council Chambers Members present: Boesen, Amos, Morrissey, Klein, Feuss, Grieder, and Juon. 160494 -Grieder/Boesen That the Agenda, as proposed,be approved. Voice-vote Ayes: Seven. Motion carried. 160495 -Grieder/Feuss That the Minutes of September 20 2021, as proposed, be approved. Voice-vote Ayes: Seven. Motion carried. Objective: Discussion of a resolution establishing a bereavement policy for loss of pregnancy. Mr. Grieder addressed the council regarding the current bereavement policy and recommended adopting a resolution extending the bereavement policy to both parents in cases of loss of pregnancy and have the Human Resources department draft the appropriate language for council approval. Mr. Boesen questioned if there will be a differentiation regarding early trimesters. Lance Dunn, Human Resources Director, indicated they could include requiring documentation from a doctor to confirm pregnancy loss. He also stated it would take some time and discussions with the unions to add new language into the union contracts for those employees. Mrs. Juon questioned if they have researched what other cities policies are for loss of pregnancy and if these situations are covered under FMLA. Lance Dunn responded that this would qualify under FMLA if more time was needed than what is currently allowed under the bereavement policy. Mr. Boesen pointed out that the union contracts for bereavement are all different and that there needs to be uniform language for each contract. Lance Dunn responded that they would make the new language uniform under each contract and explained that FMLA does not cover paid leave but that the new language would offer some pay relief. Mr. Grieder stated he would like the language to allow three to four days bereavement leave for loss of pregnancy. Mr. Morrissey requested that the language define "parents"to make it all inclusive. Mr. Grieder explained the definition of"parent"should be exclusive to all parental units and that the definition and terminology will be left up to Human Resources Department. Mr. Morrissey stated he supports the concept but wanted to raise those issues to make sure language is inclusive. Lance Dunn stated he is willing to accept all input from the council for language. Mrs. Juon questioned if this could be applied to non-union staff now and then union staff upon completion of negotiations with the unions. She also indicated she does not believe it is appropriate to allow bereavement days for early pregnancies that are unknown. Objective: Department operations update from Waterloo Library and Cultural Arts. Page 2 Jillian Rutledge, Interim Library Director, provided an overview of the Waterloo Public Library's programs, services, building and grounds improvements, diversity, equity and inclusion plans and policies, strategic plan progress, visions and wish list. Council members and Mayor Hart commended Ms.Rutledge on her presentation and questioned if she was in the running as the permanent director? Ms. Rutledge replied that she has applied and interviewed for the position. Kent Shankle, Director Waterloo Center for the Arts, provided an overview of the Cultural & Arts Departments programs,plans and facilities. Mr. Morrissey commented that the exterior of the Arts Center was looking a little worn. Kent Shankle explained that some repairs are finished,repairs are ongoing to update the structure and soon they will have a beautiful new plaza entry and much increased parking capacity. Mr. Morrissey requested an artist rendering of the plaza construction for the council. Mrs. Juon questioned the timeline for the parking lot repairs and expansion and if the fountain will be replaced. Mr. Shankle explained that any fountain and its maintenance is problematic in Iowa and that the previous fountain was a barrier to patrons as it obstructed visibility and access to the facility. Mr. Shankle indicated they have preliminary plans for a canopy element at the center and feels when completed will be a cultural destination and icon for the community. Mrs. Juon commended the Center and staff for all of the activities brought to the community and expressed her appreciation for the murals. Klent Shankle explained the "Our freedom Story" created by the Youth Art Team connected to Civil Rights sites and the Phelps Youth Pavillion to address help race and culture, which the Youth Art Team turned into a public art piece along the walls of the River. Mr. Grieder expressed his appreciation for all they are doing, including bathroom accessibility at Mark's Park, and is happy the Youth Pavilion is open again. Mr. Morrissey questioned if the Youth Art depictions on the bridge canopy are complete. Kent Shankle responded that this is an ongoing project and that he anticipates it will be complete after Covid restrictions are no longer necessary. Mr. Morrissey questioned if there is preventative maintenance for the Amphitheatre stage. Kent Shankel responded there are more problems with engineering with sound and staging then maintenance. Mr. Morrissey requested a railing be placed on the trail along the curve so people don't go into river. Kent Shankle responded that this is a pedestrian walkway not a bike trail. Mr. Boesen stated he has addressed this question with the City Engineer and was also told this is a pedestrian walkway not a bike trail. Mr. Boesen questioned the total number of parking spaces after the renovations. Kent Shankle responded he would provide that information Mayor Hart thanked Mr. Shankle for his efforts. Page 3 160496 -Juon/Grieder that the meeting be adjourned at 5:05 p.m. Voice-vote Ayes: Seven. Motion carried. LeAnn M. Even, CMC, IaCMC Deputy City Clerk CITY OF WATERLOO Council Communication Department updates from Waterloo Regional Airport and Leisure Services Department. City Council Meeting: 10/18/2021 Prepared: 10/6/2021 REVIEWERS: Department Reviewer Action Date Clerk Office Felchle, Kelley Approved 10/6/2021 - 11:01 AM ATTACHMENTS: Description Type ❑ Airport Presentation Backup Material ❑ Leisure Services Presentation Backup Material SUBJECT: Department updates from Waterloo Regional Airport and Leisure Services Department. Submitted by: Submitted By:Keith Kaspari,Airport Director and Paul Huting, Leisure Services Director Recommended Action: Summary Statement/ Background Information: Neighborhood Impact: Data: Community Engagement Methods: Analysis and Strategies: Implementation,Accountability, and Communication:: Expenditure Required/ Source of Funds: Alternative: WATERLOO CITY COUNCIL Airport Department Update Monday, October 18, 2021 All , �. LW_ law'- MOEN • - • T E R L, 0 0 • . CY 2021 Airfield Construction ➢ FAA Grant No: 46 for a 4-Phase & $4.855M Airfield Construction Project. Only 1 project Change Order, also covered by FAA at 100%. Project Dates: April 5th to October 15th 1 . Tree Removal / Obstruction Mitigation at the approach to Runway 18 (north of Dunkerton Road), and Mid-Point and West of Runway 18/36 (Winter of 2020 — 2021); 2. East Terminal Parking Apron Joint Cleaning and Sealing; 3. FBO — Charter Aircraft Parking Apron Pavement Reconstruction; and, 4. Taxiway Bravo Pavement Reconstruction. (Note: Above Areas 3 & 4 Transition from Asphalt to Concrete) 5. Project Covers ALO Federal Funding for FY's 18-22. (Project Funding: No local match requirement — FAA at 100%) Taxiway Bravo Pavement Reconstruction (DemoWork) inn, CITY OF Large Aircraft / Charter Apron Parking Area (Demo Work) �atr ■ w • ITY OF WATERLOO • • Project Project1 1 1n for Large Aircraft 1 Charter Apron 1 skf- CITY OF WATERLOO Project Project1 1 1n for Taxiway Bravo Completed Additional Phase of Improvements to Aircraft Storage Hangar No: 4 via Iowa DOT Project No: 9-I-ALO-200 at a Project Cost of $105,000. Zero Percent Match by the City or ALO. T • I T F WATERLOO • Project Final — January 2021 Recarpeting of Airline Passenger Terminal Lobby & Baggage Claim Area and New Energy Efficient LED Lights for Ceiling Fixtures Iowa DOT Project No: 9-I-190-ALO-200 at approximately $101,000. i 110 "bek- w � _ s i t + I�ILI P F W A, T E R L, 0 0y • • Air Methods Corp. Air Ambulance / Life Flight Tenant Lease Area Ground Lease is for 20-Years or (4) 5-Year Terms Experimental Aircraft Association — EAA Chapter 227 at ALO Hosted Their Annual Young Eagles Event This EAA Chapter Flew 429 kids ages 8-17 this summer from Waverly, Independence, and Oelwein, including 163 kids from Waterloo s n W. A� ,.. . . Cedar 1 1 September Honor I 1 1 for ................M. rxi r a - 0 F W A T E R L • JUNE 2021 - New Series of Airport Logos / Branding; and, New User-Friendly Airport Website WWW.FLYALO.COM ■ ALS �_ FALO WATERLOO WATERLOO REGIONAL AIRPORT REGIONAL AIRPORT * WATERLOO WATERLOO MEL REGIONAL AIRPORT C AIRPORT WATERLOO REGIONAL. AIRPORT 1 T Y 0 F W A. T E R L, 0 0 • • Staff Worked with Officials from the Federal Aviation Administration to complete the Physical and Administrative work necessary for the Formal Closure of Runway 6/24 and Removal from all FAA Data Records err_ law., j CITY OF WATERLOOy • • END OF DEPARTMENT PRESENTATION Questions or Comments for Staff Thanks to All City Council Members, Members of the Airport Board, the Offices of the Mayor & CFO — and all City of Waterloo and GCV area residents for your continued support for the on-going airfield and air service development, and the support for ALO's Airline American Airlines at the Waterloo Regional Airport. Any questions, please contact me at: 291 - 4483 (Office) (or) KEITH.KASPARI*WATERLOO-IA.ORG City Council - October 18, 2021 Waterloo Leisure Services Updates MISSION STATEMENT The City of Waterloo Leisure Services Commission is dedicated to improving the quality of life for all citizens by providing the best possible recreational activities, special events,facilities, and services that encourage lifelong learning,fitness and fun. The Commission strives to provide an enjoyable outdoor environment with top quality parks, preserves, golf courses, recreational trails, and a healthy urban forest resource. LEISURE SERVICES Organizational Chart 7 Leisure Services Full Time Employees Commissioners (Temporary Staff Members not shown below) Advisory Board Leisure Services Director Office Coordinator-Bookkeeper Park Superintendent/ Recreation City Forester Superintendent LESIp,Ry.E 5pE.�.•f sro45s iO�KL=.M 4Assistant Park Young Arena Manager Recreation Services Mgr. i0u Nrt Superintendent Facilities/Projects Manager Assistant Arena Facilities Specialist Six Primary Activity Budgets: Manager Forestry Crew: (1)Foreman Golf Courses: Fitness Specialist . Par "Faesby (1)Foreman (3)Park Maintenance. (3)Golf Maintenance III's Recreation Specialist . (1)Park Maintenance II— II-Construction (6)Golf Maintenance 11's ���Am klairterwxe Forestry Recreation Specialist • GolffCou�s Mowing Crew: Downtown Maintenance: Member Services • SPO-- "-- (4)Park Maint II-Mowing (1)Foreman Specialist • .*orls"Ybulh, vioes (2)Downtown Maint.II Natural Resources Yarxg Arena Technician Shop: Aquatics/Safety Services (1)Mechanic Suecialist — -7 WE- - v Parks & Forestry , . L 4 Hi hIi hts - - _ �40- , g g TrK CITY OF WATERLOO,IOW ' I • Completed Construction of the Riverside Skatepark with grants from BHCGA, Schoitz Foundation,and Cedar Valley Skatepark Association. • Completely renovated Lincoln Park with nearly$1 million in Grants from BHCGA, Shoitz Found, McElroy Trust, Max and Helen Guernsey Foundation,Waterloo Community Foundation. • Installed new play structure at Elks Memorial Park. • Installed new Picnic Pavilion at Hope Martin Memorial Park. • Completed Construction of REAP funded Greenbelt Lake improvements Phase 1 with accessible fishing pier, parking and shoreline improvements, 5 acre pollinator planting. • Greenbelt Lake Phase 2 REAP application submitted. ��_ • Completed Byrnes Park Tennis Center court resurfacing project. • Received first in Iowa"Sustained Flight"status after 3 consecutive years of participation in the"Bird Friendly Iowa"Program. • Received "Tree City USA" Award for the 37th year in a row for the city's commitment to urban forest. • Mowed and maintained 1,353 acres of park, levee,and r.o.w.turf areas. • Managed Waterloo's urban forest of 24,064 publicly owned trees. • Removed 236 trees on City property and treated 40 ash trees for EAB prevention. • Trimmed 1,955 trees on City property. • Removed 95 tree stumps(contracted). • Obtained tree planting grants from Mid-American Energy. • Planted 36 trees in new tree planting pits in Downtown Area. • Working with Walnut Neighborhood Association to plant 95 trees with CFNEI Grant. • Distributed 216 trees through Plant Waterloo! Partnership with Young Family Foundation. „ • Responded to storm emergency calls as trees as high winds blew down limbs and trees. • Ongoing Partnership with Cedar Valley Monarch Zones to convert public areas to Pollinator plantings. =� • Hosted RAGBRAI campers at Exchange Park and Sans Souci. • Received a planning grant from Young Family Foundation for new Edison School Park. - • Working on a new master plan for"Reimagined"Gates Park in concert with the Aquatics Master Plan. • Meeting with neighbors to explore improvements and volunteer projects at Morris Park. - • Instituting a new Forestry Apprentice Program to address employee shortage. x ; FISHTREE CITY USN a �- A 114 J y � k ■ • � -� - RIES Y_ .... Downtown Area Maintenance .... � Highlights and Recent Wi,� =� Accomplishments • Maintained downtown parks, public building grounds, amphitheater, Expo Plaza, Mark's Park splash pad, trails, and riverfront areas. • Fully Completed Lincoln Park Improvements Project. • Worked with architects and engineers on the final phase of Hwy the 63 Enhancements Project. • Collaborated with the City Engineering Department and contractors to ensure successful installation of new streetscape improvement along Jefferson Street in from of the Cedar Valley SportsPlex. • Prepared downtown venues for major events including RAGBRAI, Irish Fest, My Waterloo Days, Mayor's Fireworks, Stem and Stein, Cedar Valley Pride Fest, and Octoberfest. „, •_ MAYOR'S R walerldyb UPERIENCE R A G B Ri L Golf Highlights and Accomplishments GOLF WATERLOO • Managed and maintained 3 premier municipal 18-hole golf courses. • Golf Courses stayed open all but 8 days through the Coronavirus Pandemic. • Implemented numerous safety and social distancing strategies both on the courses and in the pro shops to keep customers and staff safe during the pandemic. • Golf rounds for FYE21 totaled 74,449, increased more than 18,000 rounds over the previous year. Collected over $1 million in revenues for the first time in history. • Hosted a successful 2021 Waterloo Open (all 3 courses) with 327 pro and amateur golfers from across the U.S. Completed construction of new Gates Park Maintenance Building, and demolished old structure. • Installed new irrigation control system at Iry Warren GC. • Renovated restrooms at Iry Warren. • Continued to implement Redox plant health program for all greens at all golf courses to create better, healthier, greens while reducing pesticide and fertilizer applications enough to pay for itself. -M THE GREATER CEDAR VALLCY JAYCEES' AT RL 74 1w, -1. 1 00 OPEN 3 � r „F 1 �l f _ y 77 • - CEDAR VALLEY . ' SPORTSPLiEE Highlights and Accomplishments • Navigated closing, reopening, and safe operation throughout the global pandemic. • Built membership numbers back to 4,800 - approaching pre-pandemic level. • Safely resumed recreation and aquatics programs allowing citizens much needed recreation time. • Increased availability and offerings of Fitness Classes to over 70 classes per week with continued growth in post-covid attendance numbers. • Increased Senior memberships through insurance supplement programs including Silver Sneakers, Renew Active, and Silver & Fit. • Hosted COVID-19 Vaccination Clinics. • Home to Cedar Valley Court Kings of the Midwest Professional Basketball League. • Hosted numerous weekend soccer, volleyball, basketball, and gymnastics tournaments. • Provided average of 12 private rentals weekly for pool, gym, indoor play, multi-purpose room. 2 Sneakers OR SENIORS 1 aer,xtne r suyfu sur lnnud. '.,_ '•� _� r - �' • - &0 ■ s and Youth Services Highlights • Safely resumed (incorporating pandemic restrictions) recreation and aquatics programs during the pandemic allowing citizens much needed recreational outlets. • Built usage numbers back to 83% of pre-pandemic levels. • Resurfaced all courts at Byrnes Park Tennis Center. • Engaged Ballard-King Consultants on a comprehensive Aquatics Master Plan. • Implemented new youth programs: Mayor's More Than Basketball League, More than Basketball Girls' Clinic, and 2021 Mayor's Play Ball Sandlot Event • Organized and implemented a broad spectrum of indoor and outdoor sports, fitness, aquatics, and recreation programs throughout the community in parks, schools, and Leisure Services sports venues. '117 oe" A A- 1 770 77 2 c 3 `^\ r �. > R� t Young Arena Highlights and Recent Accomplishments NOTICE: • Navigated safely and gradually resuming limited operations within pandemic related YOUNG ICE ARENA restrictions FACILITY • Hosted over 78,000 visitors throughout the pandemic restricted season CLOSED UNITL FURTHER NOTICE • Implemented COVID-19 related protocols for cleaning, masking, social distancing and limiting attendance numbers • Hosted 29 Black Hawks USHL Hockey games and 20 Warriors and Cedar Rapids High School hockey games • Held 125 youth hockey games and 80 adult hockey games • Hosted Black Hawks summer camps with 300 participants • Home to AAU Wrestling in March of 2021 with 1 ,000 participants K-2nd grade with estimated $800,000 local economic impact. • Replaced west and east flat roof sections, entered into contract for south roof replacement • Repaired aging ice system components. • Made repairs and improvements to exterior concrete walkways, improved accessibility. • Resumed public walk/run on 1/7 mile indoor track. C . • Resumed public ice skating. • Entered into renewed negotiations for new Black Hawks lease. =� ` Leisure Services Goals JL Parks • Create and implement a Master Plan for a Re-imagined Gates Park. • Implement planning process for new Edison School Park in cooperation with Planning Department and Developer. • Continue to maintain and improve the quality and safety of our park system to provide enjoyable outdoor recreation opportunities for residents and visitors. • Strive to update and maintain our park and play equipment to create play experiences for a wide range of users and abilities. • Strive to trim or remove tree related hazards before they cause property damage or personal injury. • Replace many of the ash trees removed in Waterloo Parks. • Provide a safe working environment for our employees. • Work with engineers and contractors for successful completion of Phase III University Avenue Reconstruction project. • Work with Engineering Department on installation of large new roundabout near South Hills Golf driving range. Mechanic/Fleet Operations • Continue to service, repair, and protect on-road and off-road equipment to safeguard major capital investments and to allow maintenance crews to maximize productivity with a safe, efficient equipment fleet. Downtown Area Maintenance. • Collaborate with the appropriate engineering staff to ensure successful construction of the Jefferson and Commercial Street corridor renovations. • Continue to maintain all properties we are responsible for at a very high standard and provide a clean, attractive downtown area for citizens and guests to enjoy. • Work with Engineering and Planning departments on design for new downtown marina project. . Golf Courses • Provide top quality golf courses for residents and visitors while continuing every effort to maximize revenues and minimize general fund subsidy by offering appealing promotions, seeking out new organizations to host group outings or tournaments, and always striving to minimize operating costs though efficient operation. • Continue focus of bringing youth into the sport of golf by creating a PGA Junior League at each of our three courses that will compete against other courses in NE Iowa. • Install continuous cart path at Gates Golf Course from #10 green to#12 tee. • Begin design of new South Hills maintenance building. Sports- SportsPlex • Complete strategic planning process to replace obsolete outdoor pools. • Offer high quality recreation and aquatic programming for our community at an affordable price for all income levels. • Operate the Cedar Valley SportsPlex in a manner that allows for funds to be set aside for maintenance and equipment replacement while continuing to grow membership numbers and hosting sporting events that boost the local economy. Young Arena • Operate and maintain Young Arena as a top quality ice arena hosting a wide variety events and activities serving area residents while driving major tourism activity in downtown Waterloo. Waterloo-,2 COMMUNITY VISION 7 Z 3 FLY THE CE 8 HOUSING .CONNECT "Waterloo is a community of opportunity. Everyone can prosper here if we all work together to meet 4 s challenge" WATERLOO Waterloo CROSSROADS WORKS DOUBLEDOWN [p MNINNITY VISION Leisure Services programs and 6 8 initiatives will play a key role in realizing the initiatives of the Waterloo . , . MMUNITY 2030 Plan . . OPPORTUNITYUSA OF CITY Cf WATERI 00 LEISURE SERVICES CITY OF WATERLOO Council Communication Discussion of litter control and native grasses ordinance amendments. City Council Meeting: 10/18/2021 Prepared: 10/6/2021 REVIEWERS: Department Reviewer Action Date Legal Felchle, Kelley Approved 10/6/2021 - 11:20 AM ATTACHMENTS: Description Type ❑ Ordinance as proposed- Litter Control Backup Material ❑ ROW Native Planting Permit Draft 10-8-2021.docx Backup Material ❑ Private Native Planting Permit Draft 10-8-2021.docx Backup Material SUBJECT: Discussion of litter control and native grasses ordinance amendments. Submitted by: Submitted By: Martin M. Petersen. City Attorney Recommended Action: Summary Statement/ Background Information: Neighborhood Impact: Data: Community Engagement Methods: Analysis and Strategies: Implementation,Accountability, and Communication:: Expenditure Required/ Source of Funds: Alternative: ORDINANCE NO. AN ORDINANCE AMENDING THE CITY OF WATERLOO CODE OF ORDINANCES BY REPEALING SECTION 11, PROHIBITED ACTS AND CONDITIONS, OF CHAPTER 4, LITTER CONTROL, TITLE 4, PUBLIC HEALTH AND SAFETY, AND ENACTING IN LIEU THEREOF A NEW SECTION 11, PROHIBITED ACTS AND CONDITIONS, OF CHAPTER 4, LITTER CONTROL,TITLE 4,PUBLIC HEALTH AND SAFETY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA AS FOLLOWS: Section 1. That Section 11, Prohibited Acts and Conditions, Chapter 4, Litter Control, Title 4, Public Health and Safety is hereby repealed and a new Section 11,Prohibited Acts and Conditions,Chapter 4, Litter Control, Title 4,Public Health and Safety is enacted in lieu thereof as follows: 4-4-11: PROHIBITED ACTS AND CONDITIONS: A. Scattering Of Refuse And Litter: It shall be unlawful for any person to: 1. Scatter refuse, garbage or yard waste about or litter any public or private street or area or place; 2. Cast, throw, place, sweep or deposit anywhere within the city any refuse, trash, garbage or yard waste in such a manner that it may be carried or deposited by the elements upon any street, sidewalk, alley, sewer, parkway or other public place or into any occupied or unoccupied premises within the city; 3. Throw or deposit any refuse, garbage, yard waste or debris in any stream or body of water; 4. Deposit Excluded Waste, including Styrofoam, as defined in Title 4, Chapter 3, Section 1 of the Waterloo City Code in or near a drop off recycling site, or in any public or private street or area or place. Any person violating the provisions of this subsection A may be subject to a fine of up to five hundred dollars ($500.00)for a first offense, and up to seven hundred fifty dollars ($750.00)for any subsequent offense. (Ord. 4342, 2-22-1999) B. Sunken Receptacles: Refuse contained in sunken or underground receptacles will not be collected by the city. (Ord. 2958, 3-27-1978; amd. Ord. 4034, 8-22-1994) Section 2. This ordinance shall be in full force and effect from and after its passage and publication as provided by law. INTRODUCED: , 2021 PASSED 1st CONSIDERATION: , 2021 PASSED 2nd CONSIDERATION: , 2021 PASSED 3rd CONSIDERATION: , 2021 PASSED AND ADOPTED this day of , 2021. Quentin Hart, Mayor ATTEST: Kelley Felchle City Clerk Ordinance No. Page 2 bCity of Waterloo Right-of-Way and City Property Native Planting Permit - Right-of-Way Application Guidelines and City Property Native Planting Permit Process Any individual, business, or corporation intending to plant native vegetation upon a public right-of-way or city owned property, shall first have approval from the City of Waterloo before planting. A Right-of-Way and City Property Native Planting permit application shall be submitted by the applicant to the Leisure Services Department. The process involved in obtaining a Right-of-Way and City Property Native Planting Permit is as follows: 1) Make a Plan: a) Determine the location of planting following City of Waterloo planting requirements: i) *Separation. Native plantings shall be placed in such a manner as to prevent interference with, or obstruction to any improvements, or utilities such as streets, sidewalks, fire hydrants, water valves, or manholes. • Five (5) feet from a public street or curb • Two (2) feet from a street sign, light or signalpole, hydrant, water valve, or manhole • Two (2) feet from sidewalks • Two (2) feet from the edge of a residential driveway • Five (5) feet from driveways of commercial, industrial or institutional properties *These are minimum distances subject to approval by the City Engineer ii) Soil and Sunlight Conditions. Proposed location(s) for native plantings is required to have adequate sunlight and soil conditions necessary to promote germination and growth with plant species that are selected. iii) Weather and Season. Seeding or planting work shall be conducted during weather conditions that are conducive to native seed growth. iv) Stabilization of Seeded area. Native Planting areas must be stabilized using mulch or a rolled erosion control product to limit soil loss as soon as seeding or planting work is completed. b) Select the desired plant species from the approved species list on page 5 i) To reduce loss from pests and disease, no more than 25%of one species should be planted in any section. ii) For small areas, plants ordered from a nursery may increase likelihood of a successfully established native planting area. c) Include a maintenance plan for the proposed native planting area in the space provided on page 6 of this packet. The maintenance plan should be detailed and state specific action that will be taken to keep the native planting area free of weeds, turf grasses, and trees. d) Use the site drawing sketch block included in the application on page 4 to show where plantings are to be located and any other adjacent items such as: sidewalks, streets, driveways, traffic signs, mailboxes, street lights, trees, utility boxes, and manholes. e) Place a flag, wood stake, or lathe at the corners of the proposed planting area to be referenced by city staff. 1 2) Submit application: Completed application can be mailed to the Natural Resources Technician at 1101 Campbell Avenue Waterloo, IA 50701. Application can also be emailed to Jacob.Geller@waterloo-ia.org. 3) Approval by the City: The City will review the permit application and the staked locations at the property to verify compliance with applicable requirements. The applicant requesting the permit will be notified of approval or of any necessary changes needed to the permit by email. The applicant shall not begin work until the application has been approved by city staff. 4) Use: Permittee will not use the Property for any purpose other than non-commercial native plantings. No structures of any type are permitted in the planting area. 5) Maintenance: It is the duty of the permittee to maintain all native plantings placed in the right of way or on other city property. The native planting area shall be kept free of weeds, volunteer trees, and debris. Burning of native prairie would require a separate approval process through the Fire Department and City Council, and is unlikely to be allowed in residential and urban areas. Below are suggested maintenance actions to maintain native prairie areas. Permittee to provide specific maintenance plan based on species being planted. a) Mowing i) First year- Mow to a height of 6" 3-4 times during the growing season to help control fast growing annual weeds. ii) Second year- Mow in mid to late June to a height of 12" to prevent biennial weeds from forming seed iii) Third and subsequent years- Mow as low to the ground as possible in the early spring before growth begins and rake cut material from the native planting area. This mimics a prescribed fire and promotes native plant growth. b) Hand digging and pulling i) If the native planting area is small enough and the applicant is skilled at identifying native plant species and weeds, then weeds and volunteer trees can be dug and pulled from within the native planting area. Care should be taken not to damage root systems of native plants. Source:Diboll, Neil"Management of Prairie Meadows" 6) Expiration/Termination: Permit will expire after a period of 3 years, and renewal will be at the discretion of the city based on an inspection of the native planting area to determine if it is free of weeds and volunteer trees. Native planting permit may be terminated at any time if the city deems that the native planting area has become a nuisance, or for any public improvement that necessitates removal of the native planting area. Native Planting areas that contain more than 10 percent weeds or other undesirable vegetation shall be deemed a nuisance, and can be mowed or removed with costs assessed to the property owner, pursuant to Title 7, Chapter 5B of the City Code. The presence of more than 8 volunteer trees shall also constitute a per se nuisance pursuant to Title 7, Chapter 5B of the City Code. 7) Existing Areas: If existing native planting areas are discovered by or reported to the city that have not obtained coverage under a Native Planting Permit, the property owner will have 14 days to submit an application to be covered under a Native Planting Permit. Existing areas will be subject to inspection by the city and will be subject to the same standards and penalties as defined above. 2 City of Waterloo Right-of-Way and City Property Native Planting Permit Project Information: Site Address: Applicant is: ❑ Property Owner ❑ HOA If HOA,Applicant's Title: Applicant E-mail Address Day Phone# Contractor E-mail Address Day Phone# Describe work to be completed: Anticipated seeding or planting date: Notice: 1. Installation work must be completed within four months of the permit being approved.Permittee agrees to indemnify,defend and hold harmless the City from and against any and all claims,demands,causes of action,damages,injuries,losses or liabilities whatsoever,including but not limited to attorneys'fees and expenses,whether to themselves or any other person,arising from or in connection with the acts or omissions of Permittee or any invitee of Permittee in any way relating to use of the Property.I agree to adhere to the plans as submitted and approved by City Staff and will provide notification of any change prior to planting.The granting of a permit does not presume to give authority to violate or cancel the provisions of any other state or local law regulating construction or the performance of construction. 2. Permittee agrees that City may terminate this Agreement and Permittee's rights hereunder at any time upon fourteen(14)days'advance written notice delivered to Permittee at its last-known address. Permittee agrees to waive and hereby does waive any and all demands or claims upon the City for damages to growing native plantings on the Property in the event of such termination. Permittee agrees that its use of the Property is undertaken at the sole risk of Permittee. 3. This Agreement is the entire agreement between the parties and may not be modified except by a written instrument signed by both parties. The rights granted to Permittee hereunder are personal to Permittee and may not be assigned to any other person or entity without the prior written consent of City. This Agreement is binding on the parties and the respective heirs,personal representatives and assigns of each. 4. Subject to the terms and conditions of this Native Planting Permit,the City of Waterloo,Iowa,hereby grants permission to the person(s)identified below(the "Permittee")to use the following legally described City-owned property or right-of-way(the"Property')as a native planting area. Signature of Applicant Date Printed Name: ALLOW A MINIMUM OF FIVE (5) FULL WORKING DAYS FOR PERMIT REVIEW &APPROVAL Office Use Only Engineering Dept.Approval Date Date received Leisure Services Approval Date 3 Site Drawing: Sketch diagram indicating: ✓ North arrow ✓ Proposed planting location(s)with distance from adjacent items such as: o Streets and Sidewalk(s) o Home or business and Driveway approach(es) o Traffic signs o Light/Utility poles o Utility boxes o Manholes o Storm intakes o Mailboxes o Trees ...................................................................................................................................................................................................................................................................................................................................................................................................................................... 4 Allowed Native Forbs Common Name Scientific Name Approximate Mature Height Silky Aster Symphyotrichum sericeum 12 - 24" Butterfly Milkweed Asclepias tuberosa 18 - 24" Wild Petunia Ruellia humilis 12 - 18" Prairie Phlox Phlox pilosa 6 - 24" Prairie Spiderwort Tradescantia bracteata 10 - 24" Bottle Gentian Gentiana andrewsii 12—24" Woodland Phlox Phlox divaricata 12— 18" Shooting Star Dodecatheon meadia 8- 20" Canada Anemone Anemone canadensis 12—24" Prairie Smoke Geum triflorum 6— 18" Pasque Flower Anemone patens 3— 18" Downy Gentian Gentiana puberulenta 6— 18" Yellow Stargrass Hypoxis hirsuta 6— 12" Hoary Puccoon Lithospermum canescens 6— 18" Fringed Puccoon Lithospermum incisum 12— 18" Small Skullcap Scutellaria parvula 3-911 Prairie Blue-Eyed Grass Sisyrinchium campestre 6— 12" Allowed Native Grasses Common Name Scientific Name Approximate Mature Height Junegrass Bouteloua macranthha 10— 20" Buffalograss Bouteloua dactyloides 4—6" *Plant species were chosen for this list because they have an approximate mature height of no more than 2 feet tall. Proposed Seed/Plant Species Indicate proposed species to be planted,or attach a seed mix or plant information sheet(s) Species: #of Plantings/%of Seed Mix: Species: #of Plantings/%of Seed Mix: Species: #of Plantings/%of Seed Mix: Species: #of Plantings/%of Seed Mix: Species: #of Plantings/%of Seed Mix: Species: #of Plantings/%of Seed Mix: Species: #of Plantings/%of Seed Mix: Species: #of Plantings/%of Seed Mix: Species: #of Plantings/%of Seed Mix: Species: #of Plantings/%of Seed Mix: Species: #of Plantings/%of Seed Mix: Species: #of Plantings/%of Seed Mix: Species: #of Plantings/%of Seed Mix: Species: #of Plantings/%of Seed Mix: Species: #of Plantings/%of Seed Mix: Species: #of Plantings/%of Seed Mix: 5 Proposed Maintenance Plan Describe specific maintenance actions that are planned to keep native planting area free of weeds and volunteer trees Mulch/Ground Cover to be used: Year 1: Year 2: Year 3 and Beyond: 6 bCity of Waterloo Private Property Native Planting Permit - Private Application Guidelines Property Native Planting Permit Process Any individual, business,or corporation intending to plant native vegetation upon privately owned property shall first have approval from the City of Waterloo before planting. A Private Property Native Planting permit application shall be submitted by the applicant to the Leisure Services Department. The process involved in obtaining a Private Property Native Planting Permit is as follows: 1) Make a Plan: a) Determine the location of planting following City of Waterloo planting requirements: i) *Separation. Native plantings shall be placed in such a manner as to prevent interference with, or obstruction to any improvements, or utilities such as streets, sidewalks, fire hydrants, water valves, or manholes. • Five (5) feet from a public street or curb • Two (2) feet from a street sign, light or signalpole, hydrant, water valve, or manhole • Two (2) feet from sidewalks • Two (2) feet from the edge of a residential driveway • Five (5) feet from driveways of commercial, industrial or institutional properties *These are minimum distances subject to approval by the City Engineer ii) Soil and Sunlight Conditions. Proposed location(s) for native plantings is required to have adequate sunlight and soil conditions necessary to promote germination and growth with plant species that are selected. iii) Weather and Season. Seeding or planting work shall be conducted during weather conditions that are conducive to native seed growth. iv) Stabilization of Seeded area. Native Planting areas must be stabilized using mulch or a rolled erosion control product to limit soil loss as soon as seeding or planting work is completed. b) Use the suggested seed mix attached, or select and submit a desired seed mix for approval by city staff. i) Suggested seed mix was developed for use in Black Hawk County by the Cedar Valley Monarch Zones (CVMZ) project of the Cedar Valley Arboretum. • Parties interested in purchasing CVMZ Pollinator Seed Mix can contact: Jackie@cedarvalleymonarchzones.org, (319) 226-4966 ii) For small areas, plants ordered from a nursery may increase likelihood of a successfully established native planting area. iii) To reduce loss from pests and disease, no more than 25%of one species should be planted in any section. c) Include a maintenance plan for the proposed native planting area in the space provided on page 5 of this packet. The maintenance plan should be detailed and state specific action that will be taken to keep the native planting area free of weeds, turf grasses, and trees. d) Use the site drawing sketch block included in the application on page 4 to show where plantings are to be located and any other adjacent items such as: sidewalks, streets, driveways, traffic signs, mailboxes, street lights, trees, utility boxes, manholes, and neighboring properties. e) Place a flag, wood stake, or lathe at the corners of the proposed planting area to be referenced by city staff. 1 2) Submit application: Completed application can be mailed to the Natural Resources Technician at 1101 Campbell Ave. Waterloo, IA 50701. Application can also be emailed to Jacob.Geller@waterloo-ia.org. 3) Approval by the City: The City will review the permit application and the staked locations at the property to verify compliance with applicable requirements. The applicant requesting the permit will be notified of approval or of any necessary changes needed to the permit by email. The applicant shall not begin work until the application has been approved by city staff. 4) Use: Permittee will not use the native planting area for any purpose other than non-commercial native plantings. 5) Maintenance: It is the duty of the permittee to maintain all native plantings on their property. The native planting area shall be kept free of weeds,volunteer trees, and debris. Burning of native prairie would require a separate approval process through the Fire Department and City Council, and is unlikely to be allowed in residential and urban areas. Below are suggested maintenance actions to maintain native prairie areas. Permittee to provide specific maintenance plan based on species being planted. a) Mowing i) First year- Mow to a height of 6" 3-4 times during the growing season to help control fast growing annual weeds. ii) Second year- Mow in mid to late June to a height of 12" to prevent biennial weeds from forming seed iii) Third and subsequent years- Mow as low to the ground as possible in the early spring before growth begins and rake cut material from the native planting area. This mimics a prescribed fire and promotes native plant growth. b) Hand digging and pulling i) If the native planting area is small enough and the applicant is skilled at identifying native plant species and weeds, then weeds and volunteer trees can be dug and pulled from within the native planting area. Care should be taken not to damage root systems of native plants. Source:Diboll, Neil"Management of Prairie Meadows" 6) Expiration/Termination: Permit will expire after a period of 3 years, and renewal will be at the discretion of the city based on an inspection of the native planting area to determine if it is free of weeds and volunteer trees. Private Property Native planting permit may be terminated at any time if the city deems that the native planting area has become a nuisance. Native Planting areas that contain more than 10 percent weeds or other undesirable vegetation, shall be deemed a nuisance, and can be mowed or removed with costs assessed to the property owner, pursuant to Title 7, Chapter 5B of the City Code. The presence of more than 8 volunteer trees shall also constitute a per se nuisance pursuant to Title 7, Chapter 5B of the City Code. 7) Existing Areas: If existing native planting areas are discovered by or reported to the city that have not obtained coverage under a Native Planting Permit, the property owner will have 14 days to submit an application to be covered under a Native Planting Permit. Existing areas will be subject to inspection by the city and will be subject to the same standards and penalties as defined above. 2 City of Waterloo Private Property Native Planting Permit Project Information: Site Address: Applicant is: ❑ Property Owner ❑ HOA If HOA,Applicant's Title: Applicant E-mail Address Day Phone# Contractor E-mail Address Day Phone# Describe work to be completed: Anticipated seeding or planting date: Seed/planting mix to be used: Suggested CVMZ seed mix ❑ Other seed/plant mix attached or listed ❑ Notice: 1. Installation work must be completed within four months of the permit being approved.Permittee agrees to indemnify,defend and hold harmless the City from and against any and all claims,demands,causes of action,damages,injuries,losses or liabilities whatsoever,including but not limited to attorneys'fees and expenses,whether to themselves or any other person,arising from or in connection with the acts or omissions of Permittee or any invitee of Permittee in any way relating to use of the Property.I agree to adhere to the plans as submitted and approved by City Staff and will provide notification of any change prior to planting.The granting of a permit does not presume to give authority to violate or cancel the provisions of any other state or local law regulating construction or the performance of construction. 2. Permittee agrees that City may terminate this Agreement and Permittee's rights hereunder at any time upon fourteen(14)days'advance written notice delivered to Permittee at its last-known address. Permittee agrees to waive and hereby does waive any and all demands or claims upon the City for damages to growing native plantings on the Property in the event of such termination. Permittee agrees that its use of the Property is undertaken at the sole risk of Permittee. 3. This Agreement is the entire agreement between the parties and may not be modified except by a written instrument signed by both parties. The rights granted to Permittee hereunder are personal to Permittee and may not be assigned to any other person or entity without the prior written consent of City. This Agreement is binding on the parties and the respective heirs,personal representatives and assigns of each. 4. Subject to the terms and conditions of this Private Property Native Planting Permit,the City of Waterloo,Iowa,hereby grants permission to the person(s) identified below(the"Permittee")to use the following legally described property as a native planting area. Signature of Applicant Date Printed Name: ALLOW A MINIMUM OF FIVE (5) FULL WORKING DAYS FOR PERMIT REVIEW & APPROVAL Office Use Only Engineering Dept.Approval Date Date received Leisure Services Approval Date 3 Site Drawing: Sketch diagram indicating: ✓ North arrow ✓ Proposed planting location(s)with distance from adjacent items such as: o Streets and Sidewalk(s) o Home or business and Driveway approach(es) o Traffic signs o Light/Utility poles o Utility boxes o Manholes o Storm intakes o Mailboxes o Trees ...................................................................................................................................................................................................................................................................................................................................................................................................................................... 4 Proposed Seed/Plant Species If not using attached CVMZ seed mix, indicate proposed species to be planted,or attach a seed mix or plant information sheet(s) Species: #of Plantings/%of Seed Mix: Species: #of Plantings/%of Seed Mix: Species: #of Plantings/%of Seed Mix: Species: #of Plantings/%of Seed Mix: Species: #of Plantings/%of Seed Mix: Species: #of Plantings/%of Seed Mix: Species: #of Plantings/%of Seed Mix: Species: #of Plantings/%of Seed Mix: Species: #of Plantings/%of Seed Mix: Species: #of Plantings/%of Seed Mix: Species: #of Plantings/%of Seed Mix: Species: #of Plantings/%of Seed Mix: Species: #of Plantings/%of Seed Mix: Species: #of Plantings/%of Seed Mix: Species: #of Plantings/%of Seed Mix: Species: #of Plantings/%of Seed Mix: Species: #of Plantings/%of Seed Mix: Species: #of Plantings/%of Seed Mix: Proposed Maintenance Plan Describe specific maintenance actions that are planned to keep native planting area free of weeds and volunteer trees Mulch/Ground Cover to be used: Year 1: Year 2: Year 3 and Beyond: 5 MZ Pollinator Seed M Ix Common Name ,'ierrtific,Name ISL lbs, per acre GrassesJSedges Big bluexem AndrOP09on QOrerdu 0-10 Ganaaa Wild Rye r-fymus camoomis 0.60 ted'iargrasrf &urghmIrU4m nuWm D.W Ludic 131mtern &hlzwMyrirm scopadurn 1.00 Prairie Drops sJ SpomaWrrs helerolepsia WO Pralr4a.lune K el i marrentha 0.10 Rough Dropsy SROoAokrs aspor 0.5Q SKhmarls Grams Cd0FJ1$14ua cunip du le 1.50 Copper fikruliemed CNal Sedge G.bkrknellll 0.04 Pfakn Oval vdpo G.brevlor 0 04 Field Owl&x4z G.moEssta q.04 Totals 2 Fortis Anisb Hvmop Agaratsaw faenmulum QX plack•ey8d Sutan Rudbeckie hirls 0.20 fslus llerwsln Vmbt wa hesiata 0.06 V*da wild Indigo ©ap[isa 91ra 0.04 Brown-eyed Susan kWbedtl8 irilabA 0.15 Eutlerfly Milkw&od Asclepias lubes" p,$¢ Canada Milk Vabch Asb-agahra esnedenE19 0.05 (�OMM*n Evsni5ng Prlmroae 4enothera biennis 0.08 Cpmrn"Mllkweed AWsp4s sy6aca 0.30 OornWa Plant Sllphlum la0lnlhh►m 0.10 Foxglove BeardbuV a Ranuawrk dIoRalls D,02 Golden Alimandere Z"aures -D,15 Great St. ,F#ws WON Hyp cern pyramilabum 41.05 11,99111 Ater 5�Ymphyo;riuhum ericdcles 0.07 Hoary lhweln V rwt slrkla 0.09 Imcia Bundle Flower Db&Mahtntag llllrrgeriai$ 0,15 I.-anweed Verw as fasciculsls 0,43 Great Blue LcbeFm Labells eiph3lncca 0,02 Now England l+sbsr Asler navaeranglise 0.07 Cih lo Spiderm)O Tra,descantia ohlenEZ% 0_f]Y 4x (Early)19ur+rr[wdr Ho kV*is lraltianthoidea 0.15 PS*Purple Ooneflnwef 1~0111wCn+3 pollkla 0-20 Partridge Paa Gh$ma40rls1A IaWculata 0.60 Prairie DlezWQr3tar Llatm pycnoeta&ya U,1.0 Purple Canallower Edimazes Purpraea 0.20 Purplo Prairio Glower Delea purpurea 0.tea RAIlU=Meke PA"ter EryrIglwM yu0tikfiurrr D b0 Ro01n Weed %i Phlurn Iplegriiallum 0.16 Rawd-headed Bush Clover Lespedeza captleta 0,10 Showy Tia TreM d0esmadium canadehse 0,25 Sky 81ue Aster Symphyatraum wemsngieneo b.D7 Srw!FU&r*w Helenlurn eutumnale 0.05 Sli f Goldenrod 5odiidagp riglda 0.0& -9warnp bAllkweed PrsOepiss IncsrrlptN 4.05 Tlckseed Carep sle 11nularia 0,05 Weetern 1famcfw Achilles mitle,`Dllum 4.03 6 CITY OF WATERLOO Council Communication Amendments to the sidewalk repair program ordinance. City Council Meeting: 10/18/2021 Prepared: 10/6/2021 REVIEWERS: Department Reviewer Action Date Clerk Office Felchle, Kelley Approved 10/6/2021 - 11:48 AM ATTACHMENTS: Description Type ❑ Ordinance as proposed Backup Material SUBJECT: Amendments to the sidewalk repair program ordinance. Submitted by: Submitted By: Jamie Knutson, PE, City Engineer Recommended Action: Summary Statement/ Background Information: Neighborhood Impact: Data: Community Engagement Methods: Analysis and Strategies: Implementation,Accountability, and Communication:: Expenditure Required/ Source of Funds: Alternative: 7-2-1: CITY COUNCIL TO ORDER CONSTRUCTION: A. Permanent Or Temporary Sidewalks: The city council may, by resolution, order the construction of permanent and/or temporary sidewalks upon any streets, highways, avenues or public grounds in the city, but the construction of permanent sidewalks shall not be made until the bed of the sidewalks shall have been graded, so that when completed, the sidewalks shall be at the established grade. B. Vote Required For Improvement: Unless the owners of a majority of the linear feet of property fronting on the proposed sidewalk improvement petition the city council therefor, the proposed improvement shall not be made unless three-fourths (3/4) of all the members of the city council shall, by vote, order the making thereof. (Rev. Ord. 1193, Comp. 1941, p. 5-14; amd. Ord. 3626, 3-13-1989; Ord. 3649, 6-5-1989) 7-2-2: PUBLIC IMPROVEMENT PROCEDURES: The procedure for the construction of the public improvements in the nature of the construction of new public sidewalks, whether permanent or temporary, shall be governed by any and all provisions of the Iowa Code, then in existence, with regard to notice for hearing, publication of notice, notice of assessments and any other relevant statutory rules and regulations. (Rev. Ord. 1193, Comp. 1941, p. S-14; amd. Ord. 3626, 3-13-1989; Ord. 3649, 6-5-1989) 7-2-3: SPECIAL ASSESSMENTS FOR IMPROVEMENTS: A. Payments: Any assessment that exceeds five hundred dollars ($500.00) maybe paid in installments as set by the city council, not exceeding nine (9), in the same manner and at the same interest rate as for special assessments under Iowa Code chapter 384, division IV. (Ord. 5346, 4-11-2016) B. Certification Of Special Assessments To County Treasurer: Upon making the special assessment pursuant to this chapter, it shall be certified to the county treasurer and shall be placed on the tax list as is provided by law. (Ord. 4611, 4-28-2003) 7-2-4: JOB PERMITS REQUIRED: A. No person, except the public works director or the city engineer, while acting in their official capacity, or a contractor in performing the necessary work on a contract with the city, shall construct or cause to be constructed any concrete sidewalk in any public street, avenue, alley or highway within the city except such walks as are required to connect residences or other buildings with the city sidewalks, curbs or street roadways, without first obtaining a permit therefor, signed by the city engineer. The permit shall describe the location of the work and state the time in which it is to be done. If an extension of time is required, the permittee shall present the permit to the city engineer for an extension of the completion date, and no extension of time shall be valid unless signed by the city engineer. B. All permits issued pursuant to subsection A of this section must be kept at the place of construction for which they were issued during the time when the work is being done and exhibited when called for by the city official having the authority to examine the permit(s). C. Sidewalk improvement permit fees shall be set by resolution of the city council and be collected by the office of the city engineer. Work performed by the city shall not require a permit fee. (Rev. Ord. 1783, Comp. 1941, p. 5-25; amd. Ord. 2878, 4-18-1977; Ord. 3626, 3- 13-1989; Ord. 3649, 6-5-1989) 7-2-5: CONTRACTOR'S BOND: Any person constructing sidewalks within the city must first file a right of way construction bond with the city clerk in the sum of fifteen thousand dollars ($15,000.00), effective January 1, 2017. The application for such construction must be approved by the city council and conditioned upon the fulfillment of the following: A. Faithful performance of all duties and regulations required by this chapter; B. Faithful performance of every driveway and sidewalk specification on file in the city engineer's office, and/or any provision of this code or other city ordinance regulating the construction, reconstruction or repair of sidewalks within the city; C. Prompt payment to the city of any sums that may become due for any reason or under this chapter; D. Prompt payment of all fines imposed upon said person for a violation of this chapter, which violations occur during the life of the bond; and E. Upon indemnifying and keeping the city harmless from any liability arising from said person's constructing or reconstructing sidewalks within the city. (Ord. 5346, 4-11-2016) 7-2-6: STANDARDS AND SPECIFICATIONS: Standards and specifications for concrete sidewalks shall be prescribed from time to time by the city council, and shall be on file in the office of the city engineer; conformance with such standards and specifications is required, and failure to comply shall be grounds for revocation of the permit issued pursuant to this chapter to construct a sidewalk. (1970 Code § 33-70) 7-2-7: VIOLATION; PENALTY: A. Any person violating the provisions of this chapter shall be deemed guilty of an offense, and shall be liable for all damage sustained by the city or by any person. Failure to comply with any of the provisions of this chapter shall be deemed a municipal infraction and upon conviction thereof shall be punished in accordance with subsection 1-3-2C of this code. B. In the case of a construction specification of this chapter not being complied with, the sidewalk contractor shall be given written notice by the city engineer, or designee, stating the specifications not complied with and the contractor shall cause the work to comply with such specifications within fifteen (15) days of the mailing of the notice. If the contractor fails to comply with the notice, the bonding company shall be immediately notified by certified mai' regular mail of such failure to comply. C. Any person who shall have violated the provisions of this chapter shall be refused any further permit required by this chapter until that person has complied with all the provisions of this chapter. (Ord. 3626, 3-13-1989; amd. Ord. 3649, 6-5-1989; Ord. 4441, 10- 16-2000) ARTICLE A. INSPECTION AND REPAIR SECTION: 7-2A-1: Definitions 7-2A-2: Sidewalk Specifications 7-2A-3: Permits 7-2A-4: Inspections 7-2A-5: Improvements And Repairs 7-2A-6: Barricades And Warning Lights 7-2A-7: Cost Of Improvements; Assessments 7-2A-8: Vacation Of Sidewalks 7-2A-1: DEFINITIONS: As used in this article, the following words have the following meanings: CITY ENGINEER: The city engineer or personnel designated by the city engineer to perform the duties prescribed for the engineer by this article. DEFECTIVE SIDEWALK: Any public sidewalk exhibiting one or more of the following characteristics: A. Vertical separations equal to three-quarters inch (3/4") or more; B. Horizontal separations equal to three-quarters inch (3/4") or more; C. Spalling or surface deterioration over fifty percent (50%) of the surface of a single square of the sidewalk and one or more half-inch (1/2") depressions; D. A single square of sidewalk cracked in such a manner causing more three (3) or more pieces with one or more loose pieces; E. A sidewalk that is sloped or tilted creating water pockets, greater than 1/z the width of the sidewalk, measured at any one point; F. A change from design or construction grade equal to or greater than two inches (2") in a ten foot (10') long area or less; G. Holes and/or depressions greater than one-half inch (1/2") deep and one and one-half inches (11/2") or more in any horizontal dimensions; Holes to the full depth of the sidewalk shall be repaired by removal and replacement of the full panel from existing joint to existing joint. H. Vertical or horizontal separations equal to three-fourths inch (3/4") or more where sidewalk abuts the curb, or any other fixture or structure and the separation is deemed unsafe; I. Any other defects deemed unsafe by the City Engineer. OWNER: The person owning the fee title or the contract purchaser for purposes of notification required herein. For all other purposes, "owner" shall include the lessee, if any. SIDEWALK IMPROVEMENTS: The reconstruction, repair, replacement or removal of a public sidewalk or the excavating, filling or depositing of material in the public right of way in connection therewith. SIDEWALK REPAIRS: Sidewalk repairs shall be by removal and replacement of full sidewalk panels from existing joint to existing joint for all defect types except surface depressions with an area of eighteen (18) square inches or less,which qualify for repair by patching. Holes to the full depth of the sidewalk and sections of the sidewalk complete! patches,. . - Pit exceeding eighteen (18) squaFe inches may also be FepaiFed by patching. Nosidewalk panel shall have a patched area, including surface and full depth exceeding fifty peFeent (50%) of the neater-thap Ane-halfr� 2) square feet panel's No sidewalk panel shall have a patched area exceeding 20% of the panel's total area. Sidewalk panels exceeding 20% of patched surface area shall be removed and replaced from existing joint to existing joint. A list of approved patching materials shall be on file in the city engineer's office. (Ord. 3626, 3-13-1989; amd. Ord. 3649, 6-5-1989; Ord. 3875, 7-6-1992) 7-2A-2: SIDEWALK SPECIFICATIONS: All sidewalk improvements on public property, whether performed by the owner of the abutting property or by the city, shall be performed under the supervision and inspection of the city engineer or designee and in accordance with the plans and specifications prepared by the city engineer's office and approved by the city council. No permanent sidewalk improvements shall be performed until the bed for the same shall have been graded so that when completed such sidewalk shall be at the location and grade established by the city engineer or designee. (Ord. 3626, 3-13-1989; amd. Ord. 3649, 6-5- 1989) 7-2A-3: PERMITS: A. Permit Required: No person shall make any sidewalk improvements whether ordered by the city council or not, unless such person obtains a permit from the city engineer and agrees that, in making the sidewalk improvements, compliance will be made with the ordinances of this city and with the specifications for the sidewalks as prepared by the city engineer and approved by the city council, and that the work shall be done under the direction and supervision of the city engineer and subject to the approval of the city engineer or designee. B. Bonds: A bond shall be required for all repairs except repairs made by patching as allowed under the definition of"sidewalk repairs" in section 7-2A-1 of this article. The bond shall be filed in the proper amount and the owner shall also agree to hold the city free from all liability for damages on account of injuries received by anyone through the negligence of such person or agents thereof in making the sidewalk improvements, or by reason of failure to properly guard the premises. C. Filing, Term Of Permits: All permits issued shall be filed and preserved in the office of the city engineer. Before granting any permit to make sidewalk improvements, the city engineer shall determine the peepy appropriateness of the same and shall state in all permits issued when the w ork is to be commenced, if not Upon WsiHaPpp Arthe peF� anA when the sidewalk work is to be completed. D. Extension Of Permit: The time of completion for the sidewalk improvements may be extended by the city engineer when in his judgment the snore extension is deemed necessary. The city engineer may withhold the issuance of any permit for any sidewalk improvements for a sufficient period to determine the necessity for the proposed improvements or if weather conditions will adversely affect the sidewalk improvements. E. Permit Fees: Sidewalk permit fees shall be set by resolution of the city council and collected by the city engineer's office.Work performed by the city shall not require a permit fee. (Ord. 3626, 3-13-1989; amd. Ord. 3649, 6-5-1989; Ord. 3708, 4-23- 1990) F. Failure To Obtain Permit: Whenever any sidewalk improvements are not completed in conformance to the provisions of this article, i.e., not in compliance with the current sidewalk standard specifications, or without a permit, the city engineer shall serve notice upon the property owner and/or the contractor doing such work of the nonconformance. If construction work is underway without a permit, the notice shall order the work to cease until a permit is obtained, and a fee of two hundred dellaF' ($200.00) three (3) times the permit cost in addition to the cost of the original permit is paid. If the sidewalk improvement underway with a permit is not in conformance with the current sidewalk specifications, all work must be corrected to comply with the current specifications. In the event that the sidewalk work has been completed without obtaining a permit, a permit shall be immediately obtained, and a fee of two hundr-^a a^"^rc ($200.00) three (3) times the permit cost in addition to the cost of the original permit is paid, and any corrections needed shall be completed within five (5) days after receipt of the permit.Any person who shall have violated the provisions of this chapter shall be refused any further permits required by this chapter until he has complied with all of the provisions of this chapter. Failure to comply with this notice shall result in the completion of the work being done by the office of the city engineer with the costs being assessed to the property owner as provided in this article. (Ord. 4611, 4-28-2003) 7-2A-4: INSPECTIONS: A. Time Of Inspections: The office of the city engineer, its employees, or designees shall be responsible for inspecting the public sidewalks on a ten (10) twelve (12) year cycle within the city or on a complaint basis. These inspections shall be made to determine if any of the public sidewalks within the city are defective as previously defined. B. Inspection And Approval: The city engineer, or a designee, shall inspect the work, and may order the corrections if the work does not meet specifications. (Ord. 3626, 3-13-1989; amd. Ord. 3649, 6-5-1989) 7-2A-5: IMPROVEMENTS AND REPAIRS: A. Sidewalk Improvements Ordered: The city engineer may order the reconstruction, repair or replacement of permanent sidewalks upon any public street of col right of way. Notice of this order shall be sent to the owner by Corti-fie 7 mai' regular mail. This notice shall include the fact that a hearing shall be held by the city council within fifteen (15) thirty (30) days from the date of sending of the notice. The notice shall also contain information regarding the estimated costs of reconstruction, repair or replacement, as estimated by the office of the city engineer. B. Defective Sidewalks Repaired: It shall be the duty of the abutting property owner at any time, or within forty five (45) days from the date of notice from the city, to repair, replace or reconstruct all broken or defective sidewalks in the public right of way abutting said property. If, after the expiration of the forty five (45) days, as provided in the notice, the required work has not been done or is not in the process of completion, the city engineer shall proceed to repair, replace or reconstruct the sidewalk. The total costs, including, but not limited to, engineering, inspection, construction and administrative costs, shall be assessed to the property as taxes or special assessments as provided hereinafter. (Ord. 3626, 3-13-1989; amd. Ord. 3649, 6-5-1989) 7-2A-6: BARRICADES AND WARNING LIGHTS 1 : Proper warning lights and barricades shall be placed to protect persons from materials, equipment and dangerous conditions. Placement and maintenance of adequate warnings is the responsibility of the constructor, the owner ^r the lessee of the pFope y or the person conducting the work. (Ord. 3626, 3-13-1989; amd. Ord. 3649, 6-5-1989) Notes 1. See also sections 7-1-3 and 7-3-10 of this title. 7-2A-7: COST OF IMPROVEMENTS; ASSESSMENTS: A. Hearing On Estimated Costs: The city council shall hold a hearing within fifteen (15) thirty (30) days from the date of the sending of the notice, as aforementioned,wherein, at the time and place designated in the notice,the city council shall consider the estimated costs of reconstruction, repair or replacement which may be assessed against the property owners and any errors, irregularities or inequalities in the proposed reconstruction, repair or replacement.Affected property owners shall have the right to object to the proposed costs. B. Notice Of Assessment For Repair Costs: When the city engineer submits an assessment for sidewalk improvements or repair, the city clerk shall send a notice of such facts to the owner of the abutting property. The notice n+ay shall be sent give-n eitheF by peFsenal se-vviee ^r by eeFt;fi^a by regular mail to the last known address of the owner. The notice shall contain a statement of the work performed, the total costs of the work that is being assessed, a description of the property affected, and the fact that the person may pay the amount assessed by a certain date without interest or penalty. The notice shall also indicate that the person may object to such assessment, on account of errors, irregularities or inequalities, and give the place and time at which the city council will hear such objections. The time set for hearing shall be at least fifteen ( 5) within thirty (30) days after the service or mailing of the notice. C. Hearing And Assessment: At the time and place designated in the notice,the city council shall consider all objections to the assessment, correct all errors or omissions and adopt a corrected list of the amounts to be assessed against the property. (Ord. 3626, 3-13- 1989; amd. Ord. 3649, 6-5-1989) D. Billing, Certification To County: Thirty (30) days after the decision of the city council of the assessment, the city clerk shall certify any unpaid amounts to the Black Hawk County treasurer. The unpaid assessments shall be collected by the county treasurer in the same manner as special assessments. The following schedule shall control the method wherein the property owner shall be required to pay any unpaid portion of the total costs of the repair of the sidewalk: $0.00 to $500.00 1 year $500.01 to $1,500.00 3 years $1,500.01 to $2,500.00 5 years $2,500.01 to $3,500.00 7 years $3,500.01 and over 9 years Such assessments shall be paid in the same manner and at the same interest rates as for special assessments under Iowa Code chapter 384, division IV. No interest shall be charged for such assessments, or parts thereof, if paid within thirty (30) days from the date of the city council determination on the final amounts of the assessment. (Ord. 5346, 4-11-2016) 7-2A-8: VACATION OF SIDEWALKS: A sidewalk may be vacated by the owner of the property by making a request to the planning, programming and zoning commission. The city engineer, and/or his designee, will review the request and forward it, along with his recommendation, to the planning, programming and zoning commission. The planning, programming and zoning commission will review the vacation request at its regular monthly meeting. The commission's recommendation will be forwarded to the city council for its consideration at its next regular meeting. (Ord. 3626, 3-13-1989; amd. Ord. 3649, 6-5-1989) CITY OF WATERLOO , IOWA Current Sidewalk Zones N N'+E S Legend Current Sidewalk Zones 63 Zone&Sidewalk Totals -Zane 1-27.55 Miles Zone 2-30.29 Miles -Zone 3-28.61 Miles Q -Zone 4-23.75 Miles -Zone 5-44.18 Miles Zone 6-22.86 Miles Zone 7-29.64 Miles M •I! tom.�� -Zone 8-17.73 Miles <T! Zone 9-36.93 Miles s. Zone 10-20.63 Miles i E s . i@ ." ,nem• .......,m �, � ..�...1 ' .. Y ,�° it E�hEE•�E3 ei e� P renes ��� J •. 333 Inset'A' aa, 3w a 8....al.. s n.re k 1 `hp .•µ:, e°,..'Y�� E..�° � 3 1 Y o..,c..,,.co.•e e.c...a. el��reo� a.n "aE" !i.. ..§ ...3... ..�.....c� @ � • _ p:..vE e. 9 ii yy .ni }.a 3 wnrea,00 woaa• �''�`•t " ""° rl..w.i.. ° ,n�u nn% ....ai x wei•@Pa d �..... 63' E ei,eE _ — ., r' 7NInset'B' r' •.e. 9 I al w �.:..Ei. $ x�xa„°x '°°$ ..�"�. m..a�..c f•r''. ."�. -'•� ,..E�,_ rE'" .� i'"I •" E- . �'°4 S,`.�,.�.�. E..,a. 1".S.,. ..�B Be B ��t,gN .....�,.�... 2a �:.re. �� f le ° i '.6€ �'I.�� n 1 81 , °4 J a..•. S. I _ � �f�� xre..,n ...... 'i.�e�E°��IE�_�°L.E..°�'�,El.a•�3E° �� � "�`�� ��El sl �� , ...E � •.ee..,. a'� � ®%. E.+ a :;;is... � � 'is9'9 q1" q'� sa,.�•�� �� a'" ,,...�. E oe..•e ¢ ao.e..•a. @ivamPB,..P.•. ¢ P C 5.' , CITY OF WATERLOO , IOWA Proposed Sidewalk Zones N W+E S Legend Proposed Sidewalk Zones —� Zone&Sidewalk Totals Zone 1-25.78 Miles Zone 2-27.21 Miles Zone 3-24.98 Miles — ° -Zone 4-23.75 Miles -Zone 5A-25.67 Miles Q Zone 5B-18.50 Miles Zone 6-22.86 Miles -Zone 7-26.97 Miles .....,,.. ,x e,...... 83 Zone 8-24.47 Miles -Zone 9A-19.45 Miles -Zone 9B-19.39 Miles im —�_ -Zone 10-23.16 Miles € I ` r 3 € 9 ) F Inset'A' w e xuo ' v -- ..I I ,•✓ yz^ j.°:w.; y" Y III �; " r " lnset'B' i ; E E lMa s e 3 4 r�. xoeeaeexo xeaoaa rtl nnex,ounev � P P 13 y £t ." f I ° �:� /r 6 PO © f r € 6.^€1 lEi p1 • � �x.e. ss m,.mM„ jg• •,�» s a 01