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HomeMy WebLinkAbout03.03.2008 CITY OF WATERLOO, IOWA COUNCIL RECORD March 3, 2008 The Council of the City of Waterloo, Iowa, met in Regular Session at City Hall Council Chambers, Waterloo, Iowa, at 5:, 0//p.m. , on M nd y, March 3, 2008. Ma or, TTimoth J. Hurley in the Chair. Roll Call: ���`{, ; ^) )I �c'" iW Moment of Silence. AiZit. Pledge of Allegiance: Michelle Weidner, Chief Financial Officer. AYES NAYS ABSENT ABSTAIN MS. COLE V MR. GETTY MR. HART v ' 7 MR. GREENWOOD MR. STEVE SCHMITT (/ MR. WELPER MR. REGGIE SCHMITT rb d Q PI Pd A cn r. H 0 p. m• rt 0 0 n N u.m � xi H H O 0 a m c 0 n 0 0 1-3 H F a s 0 m w r* ►` ' °z H H 6 0 x a 0 .. 0 r• rr M r IA O W 0 O z H • Di z °z 0 a ,P e (D ro 0 n rr N 0 a o rn 0 ro rr m a ). 6, CITY OF WATERLOO, IOWA COUNCIL RECORD (21t) that the Agenda, as proposed, for the Regular Sessi onday, March 3, 2008, at 5:30 p.m. , be accepted and approved. Ayes: 7 Motion carrie AYES NAYS ABSENT ABSTAIN MS. COLE MR. GETTY MR. HART MR. GREENWOOD MR. STEVE SCHMITT MR. WELPER MR. REGGIE SCHMITT Di N 0 Pi ro 0 n, N ' ro H ro 0 r_, L.J. �r O H t" 0 4# H a (D cr 0 0 n N fD : `' x H H G a m C 0. ht 0 0 i " H H n rt a p, c0i p. '�` Z n til H Z ► 0 It 0 Z H 0 . z p '-'ril:sit: 1,....:.17, O II Pzi o t- Mil n rr > N ► 0 CI, O k rn rr a THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, REGULAR SESSION TO BE HELD AT THE CITY HALL COUNCIL CHAMBERS, 5:30 P.M. MONDAY, MARCH 3, 2008 CITY OF WATERLOO GOALS 1. Support economic development efforts that attract, retain and create quality jobs resulting in a diverse economic base and increased population. 2. Continue to support implementation of the Downtown Master Plan. 3. Facilitate and promote the development of housing options to meet the needs of current and future Waterloo citizens. 4. Develop a customer-centered service delivery approach. 5. Seek additional opportunities to share services and resources with other government entities. 6. Collaborate with statewide elected officials to reduce the burden on local property taxes. 7. Address the changing public workforce needs in Waterloo. 8. Enhance and protect a diverse,family-oriented community where neighborhoods are safe and well maintained. 9. Enhance the quality of place opportunities for the citizens of our community. General Rules for Public Participation 1. You may address and item on the agenda by stepping to the podium, and after recognition by the chair, state your name, address and group affiliation(if appropriate)and speak clearly into the microphone. 2. You may speak one(1)time per item for a maximum of three(3)minutes. 3. Although not required by city code of ordinances, oral presentations may be allowed at the Mayor's 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. 4. Keep comments germane and refrain from personal, impertinent or slanderous remarks. 5. Questions concerning these rules or any agenda item may be directed to the Clerk's Office at 291-4323. 6. 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: Michelle Weidner, Chief Financial Officer. Agenda, as proposed or amended. March 3, 2008 Page 2 . Minutes of February 25, 2008, Regular Session, as proposed. 1. Consent Agenda: (The following items will be acted upon by voice vote on a single motion without separate discussion, unless someone from the council or public requests that a specific item be considered separately.) a. Resolutions to approve the following: 1. Resolution-to approve Bills Payment, Schedule AP640, a copy of which is on file in the City Clerk's office. 2. Communication from Police Chief transmitting request of Peregrine Charities to hold Peregrine Charities Triathlon on September 28, 2008 starting at 7:30 a.m., including one mile swim, 22 mile bike ride on Waterloo, Cedar Falls and Black Hawk County roads and six mile run on trails through George Wyth Park and Hartman Reserve. b. Motion-to approve the following: 1. Rudy Jones, Community Development Director, to attend Iowa NAHRO Annual Conference in Des Moines, Iowa on April 16-18, 2008, with costs not to exceed $630.00, including use of city vehicle. c. Beer/Liquor License Permit Application Class C Fortune's, 328 Elm Street (Renewal) (Expires 3/27/09) (Includes Sunday Sales) Catherine Doyle's Pub, 504 Sycamore Street (Renewal) (Expires 3/7/09) (Includes Sunday Sales) Beck's Pub and Grille, 3295 University Avenue (Renewal) (Expires 3/24/09) (Includes Sunday Sales and Brew Pub) d. Beer/Wine License Permit Application Special Class C Waterloo Bucks, 850 Park Road (6 months-3/24/08 - 9/24/08) (Includes Sunday Sales) e. Outdoor Service Area Application Fortune's, 328 Elm Street Waterloo Bucks, 850 Park Road f Fireworks Displat Application Waterloo Bucks, Riverfront Stadium on May 29, July 11, July 12, August 11, 2008 g. Bonds. . ` March 3, 2008 Page 3 HEARINGS AND BIDS 2. F.Y. 2008 Street Reconstruction Program, Contract No. 736. 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-to confirm approval of plans, specifications, form of contract, etc. Resolution-to order construction. Motion-to receive and file and instruct City Clerk to open and read bids and refer to City Engineer for review. 3. General Obligation Bond Demolition Project, 93 and 97 Vinton, 156-D-GO-03-03-08. 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-to confirm approval of plans, specifications,form of contract, etc. Resolution-to order construction. Motion-to receive and file and instruct City Clerk to open and read bids and refer to Contracts and Grants Coordinator for review. HEARINGS 4. Rezone from "M-2,P"Planned Industrial District to "B-P Business Park approximately 119 acres of land generally located west of 2015 West Ridgeway Avenue and north of 3250 Greyhound Drive for the purpose of establishing a business park development Deer Creek Development. 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 recommendation of approval of Planning, Programming and Zoning Commission and oral and written comments. Motion-to receive, file, consider and pass for the first time. Motion-to suspend the rules. Motion-to consider and pass for the second and third times and adopt ordinance. PETITIONS FROM PUBLIC 5. Resolution-to approve communication from Senior Planner transmitting request of Mike Reimer for a minor site plan amendment to the "R-3,R-P"Planned Residence District for property generally located at the northwest corner of Hummingbird Circle and Sarah Drive, directly south of Wal-Mart and Hy-Vee grocery store. Set date of hearing, if necessary. March 3, 2008 Page 4 . 6. Resolution-to approve communication from City Planner transmitting request of Grainger, Inc. on behalf of Leondorf LLC for a site plan amendment to the "B-P" Business Park District to construct a 40,000 sq.ft. office building, with 20,000 sq. ft. future expansion, on property generally located at the southeasterly corner of Ansborough Avenue and San Marnan Drive. Set date of hearing as March 17, 2008. DOCUMENTS 7. Resolution-to approve communication from Police Chief transmitting Letter of Agreement with Pathways Behavioral Services, Inc. for a grant in the amount of $2,500.00, with no required match,for enforcement of underage drinking laws. 8. Resolution-to approve communication from Leisure Services Director transmitting application with Iowa Department of Natural Resources for LAWCON (Land and Water Conservation Fund) grant in the amount of$50,000.00 for development of Mark's Park near the Waterloo Center For The Arts. 9. Resolution-to approve communication from Senior Planner transmitting addendum to temporary construction easement for total compensation of$1,670.69 for trees to be removed on property located at 629 West Donald Street as part of the Donald Street Recreational Trail project. 10. Resolution-to approve communication froYn Assistant City Engineer transmitting acceptance of plat improvements for Nottingham Second Addition and two year maintenance bond from Peterson Contractors, Inc. 11. Resolution-to approve communication from City Planner transmitting agreement with Roberta Wagner to lease approximately 8 acres of property generally located along Bishop Avenue,just south of the Blowers Creek drainage way at a rate of $600.00 per year RESOLUTIONS TO BE ADOPTED 12. Resolution-to fix date of hearing as March 17, 2008 on authorization and issuance of a variable/fixed rate note in the amount not to exceed $2,970,000.00 under the contract for loan guarantee assistance dated September 19, 2006 between the City of Waterloo and the U.S. Department of Housing and Urban Development to finance the River Walls reconstruction portion of the Cedar River Dam, to be repaid using Black Hawk County Solid Waste distributions. March 3, 2008 Page 5 ORDINANCES TO BE ADOPTED 13. An ordinance amending the 2007 Code of Ordinances of the City of Waterloo, Iowa, by repealing Section 5-1B-1, Definitions, Section 5-1B-4 Dangerous Dogs Prohibited, and Section 5-1B-6, Restrictions on Possession of Animals, of Article B, Dangerous Animals and Dogs, of Chapter 1, Animal Control, of Title 5, Police Regulations; and enacting in lieu thereof new Section 5-1B-1, Definitions, Section 5- 1B-4 Dangerous Dogs Prohibited, Section 5-1B-6, Restrictions on Possession of Animals, and Section 5-1B-7, Registration of Potentially Dangerous Dogs, of Article B, Dangerous Animals and Dogs, of Chapter 1, Animal Control, of Title 5, Police Regulations (new definitions, violation registry, new section on potentially dangerous dogs). Motion-to receive, file, consider and pass for the second time. Motion-to suspend the rules. Motion-to consider and pass for the third time and adopt ordinance. NEW BUSINESS 14. Resolution-to approve communication from Senior Planner transmitting request to vacate the alleys generally located between West 3rd Street and West Park Avenue, and between Commercial Street and Washington Street to allow for construction of the Waterloo RiverLoop Expo as part of the Waterloo Downtown Redevelopment Master Plan, together with recommendation of approval of Planning, Programming and Zoning Commission. Set date of hearing as March 17, 2008. 15. Resolution-to approve communication from General Manager of Waterloo Water Works transmitting request to certify the amount of$388.54 for work performed by the Water Works at 619 Anthony Street, together with recommendation of approval of Waterloo Water Works Board of Trustees. ORAL PRESENTATIONS Motion-to receive and file oral comments. ADJOURNMENT Nancy Eckert, CMC City Clerk MEETINGS Monday, March 3, 2008 4:30 p.m. - Council Work Session, Council Chambers 5:00 p.m. - Finance Committee, Council Chambers March 3, 2008 Page 6 '' • PUBLIC INFORMATION 1. Community Development Board and Public Hearing minutes of January 15, 2008 on file in the City Clerk's office. 2. Waterloo Historic Preservation Commission minutes of January 15, 2008 on file in the City Clerk's office. 3. Northeast Iowa Response Group minutes of January 3, 2008 on file in the City Clerk's office. 4. Memorial Hall Commission minutes of January 23, 2008 on file in the City Clerk's office. 5. Board of Waterloo Water Works Trustees minutes of February 20, 2008 on file in the City Clerk's office. CONTRACT PAYMENT SCHEDULE 1. Cedar River Dam Portages Cedar River Water Trail, Contract No. 734. Pay estimate No. 1 to Earth Tech in the total amount due of$8,850.00. 2. US 63 Westfield Avenue Connection, Contract No. 730. Pay Earth Tech in the total amount due of$16,115.07. 3. Waterloo Dam Rehabilitation and Riverwall Reconstruction, Contract No. 713. Pay estimate No. 21 to Peterson Contractors, Inc. in the total amount due of $9,554.63. CITY OF WATERLOO, IOWA COUNCIL RECORD that the Minutes, as proposed, for the Regular Sessio uary 25, 2008, at 5:30 p.m. , be accepted and approved. Ayes: Motion carried. AYES NAYS ABSENT ABSTAIN MS. COLE MR. GETTY MR. HART MR. GREENWOOD MR. STEVE SCHMITT MR. WELPER MR. REGGIE SCHMITT tn P. 0 m rooV p a PO �, y tzi CI 0 fD P• 0 ri (D rt. L.J. .4 I-' a (D rr o 0 ri P. CD „!4. la'.. O H r O amm tl W H rr a (DD rr 10, o H >1 C=] o P., x a' o �" z yn, H vb. DV 0 P., cr ItH O 0 0 +( H Z H o `� fir_ °z z • 0 a cD ` ro 9 , o ; n rr a o '� 0 ; ro I. rr m a February 25, 2008 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, February 25, 2008. Mayor Pro Tem Reggie Schmitt in the Chair. Roll Call: Cole, Getty, Hart, Greenwood, Steve Schmitt, Welper, Reggie Schmitt. Moment of Silence. Pledge of Allegiance: Jim Walsh, City Attorney. 126664 - Welper/Steve Schmitt that the Agenda, as proposed, for the Regular Session on Monday, February 25, 2008, at 5:30 p.m. , be accepted and approved. Ayes: Seven. Motion carried. 126665 - Welper/Steve Schmitt that the Minutes, as proposed, for the Regular Session on Monday, February 18, 2008, at 5:30 p.m. , be accepted and approved. Ayes: Seven. Motion carried. CONSENT AGENDA 126666 - Welper/Steve Schmitt that the following items on the consent agenda be received, placed on file and approved: a. Resolution to approve the following: 1. Resolution approving Schedule AP640, pp. 1-43, dated February 25, 2008, in the amount of $651,489.49, 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 Pro Tem assigned No. 2008- 144. b. Motion-to approve the following: 1. Communication from Building Official/Maintenance Administrator transmitting recommendation of appointment of Joel Shepard to the position of Assistant Maintenance Mechanic, effective February 26, 2008. 2 . Communication from Mayor Tim Hurley transmitting recommendation of reappointment of Dave Buck and Christine Handfelt to the Leisure Services Commission, with term expiration date of March 1, 2011; and appointment of Sharon Samec, with term expiration date of March 1, 2011. c. Beer/Liquor Permit Application Class C Blue River, 315 West 4th Street (Renewal) (Expires 2/14/09) (Includes Sunday Sales) Sapphire' s Gentlemen' s Club, 301 West 4th Street (New Owners) (Expires 2/13/09) (Includes Sunday Sales) d. Bonds. Ayes: Seven. Motion carried. UNFINISHED BUSINESS 126667 - Hart/Cole that communication from Superintendent of Traffic Operations transmitting recommendation of award of contract in the amount of $19, 061.12 from 3E Company in conjunction with Purchase of Traffic Mast and Poles, West 9th Street & Ridgeway Avenue, be received, placed on file and "Resolution approving award of said contract" , be adopted. Ayes: Seven. 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Councilperson Hart noted as a clarification from the original Planning and Zoning meeting, there was an error with the legal description on the plat that was provided and used for the resolution. Aric Schroeder, Senior Planner, explained that the applicant' s engineers submitted a plat and legal description for the encroachment agreements. There were two separate encroachment agreements, one for the light poles and one for the sign. The legal description for the sign was fine, but in the legal description for the three light poles the word west should have been east. The abstract company caught the error, and it was considered a significant enough deviation in what the legal description intended to be that the resolution needed to be rescinded and redone. Mayor Pro Tem Reggie Schmitt noted that council is rescinding the previous resolution in its entirety, but all the conditions are the same. If these light poles need to be moved, they will be moved by people who put them there. Mr. Schroeder commented that the motion will re-approve the encroachment agreement which does include all of those conditions. Following comments a vote was taken on the above motion with the following result. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2008-151. ORDINANCES TO BE ADOPTED 126675 - Cole/Welper that "an Ordinance amending the 2003 Traffic Code by repealing Subsection (57) Cataract Avenue of Section 551, Parking Prohibited At All Times On Certain Streets; and enacting in lieu thereof a new Subsection (57) Cataract Avenue of Section 551, Parking Prohibited At All Times on Certain Streets (restricting parking on the north side of the 300 and 400 blocks of Cataract Avenue from Edgemont Avenue to Barton Avenue) " , be received, placed on file, considered and passed for the second time. Ayes: Seven. Motion carried. 126676 - Cole/Welper that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 126677 - Cole/Greenwood that "an Ordinance amending the 2003 Traffic Code by repealing Subsection (57) Cataract Avenue of Section 551, Parking Prohibited At All Times On Certain Streets; and enacting in lieu thereof a new Subsection (57) Cataract Avenue of Section 551, Parking Prohibited At All Times on Certain Streets (restricting parking on the north side of the 300 and 400 blocks of Cataract Avenue from Edgemont Avenue to Barton Avenue) " , be considered and passed for the third time and adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor Pro Tem assigned No. 4898. 126678 - Greenwood/Welper that "an Ordinance amending the 2007 Code of Ordinances of the City of Waterloo, Iowa, by repealing Section 5-1B-1, Definitions, Section 5-1B-4 Dangerous Dogs Prohibited, and Section 5-1B-6, Restrictions on Possession of Animals, of Article B, Dangerous Animals and Dogs, of Chapter 1, Animal Control, of Title 5, Police Regulations; and enacting in lieu thereof new Section 5-1B-1, Definitions, Section 5-1B-4 Dangerous Dogs Prohibited, Section 5-1B-6, Restrictions on Possession of Animals, and Section 5-1B-7, Registration of Potentially Dangerous Dogs, of Article B, Dangerous Animals and Dogs, of Chapter 1, Animal Control, of Title 5, Police Regulations (new definitions, violation registry, new section on potentially dangerous dogs) " , be received, placed on file, considered and passed for the first time. Prior to a vote on the above motion, the following comments were heard. •paTzzpo uotgoW •uanas :saAy •glnsaz buTMoTIo3 aqg ggTM guawpuawe aqg uo uaxeg spm agon Ft •suoTssas xzoM aqg buTznp passnosTP peg TTounoo gpgM sT gpgg pup 'gzegs you saop xoolo aqg 'aoupuTpzo agg goeua you saop awTg auo gT buTsspd gpgg paguawwoo ggTwgoS aTbbag way ozd zoAeW •aoupuTpzo sTgg uo buTTnz au; 3o awos 3o suoTge3T3Twez aqg 3o awos uo aneg pinoM ITounoa aqg uo gsow upgg abpaIMoux zaggaq p anpq oqM sxlo3 asagg 3o awos aATonuT uagg gnq 'aWT4 gS1T3 agg zo3 sTgg sspd lTounoo gegg pagsabbns ggTwgoS anagS uoszadTTounoo •szpaA OfiT zo3 sTgg uo buTxzoM uaaq spq oolzagpM 3o AgT3 aqg obp sbuTgaaw Mai p pauotguaw ggTwgoS aTbbag way old zoAew sp gnq 'pabupgo sbuTgg awos gab pup poi aqg uMop uo anow og axTT pInoM am gpgg sgguow Ipzanas gspl agg uT azaq pauaddeq anpg gpgg sguana zaggo agg 3o awos pup TTTzzaW •zW ggTM spuegszapun au pagpgs ggTwgoS anagS uoszadITounoa •guawbpnC og gsnz s ,TTounoo aqg uoTgsanb wzag zaggaq e 3o xopl p zo3 gpgg sguabp aoupznsuT pup szauTpzg IpwTup pup bop 'supTzpuTzagan ggTM slleo auogd zo suoTgeszanuoo zaggTa ppq spq au gpgg pagpgs ggTwgoS anagS uoszadITounoD •sTgg uo auop anpq Awn xzoM pooh aqg uo AgaTooS upwnH aqg paguawTldwoo ggTwgoS anagS uoszadITounop •aoupuTpzo aspq aqg sT STgg gnq gpgg op og anuTguoo IITM am 'paxeaMg zo papuawe aq og paau gpgg swagT anpq am pup sTgg oguT zaggzn3 gab GM sy+ •sTspq awpu-gslT3 p uo sMoux Iozguoo IpwTup gpgg shop OST og SZT aqg uo pagzpgs xoolo aqg buTggab pup anpq op GM gpgg sanssT IpwTup aqg buTgpbTgTW pup aATgopozd aq og buTAzg azp am gpgg 'buTgaaw ppuabp aqg gp gnogp paxlpg am aNTI 'SUM buTuospaz aqg pup ieM gpgg ppuabp aqg uo sT aoupuTpzo aqg papuodsaz ggTwgoS aTbbag way old zoiCew •sawTg pITgg pup puooas aqg zo3 sTgg sspd og kkq ssod buTsodozd sT ITounoo gpgg ppuabp s ,ggbTuog gp buTxool uT goazzoo sT au 3T paxsp ggTwgoS anagS uoszadTTounoD •apTnozd og spg AITpoTgewognp ApogAzana gpgg buTggawos aq g,uoM gT pup 'asool buTuunz uaaq Alpagpadaz zo Apogawos uag;Tq spg bop e zag;p aoupznsuT 3o 3oozd pup uoTgpzgsTbaz saaTnbaz Aluo aoupuTpzo aqg gpgg pagpgs gsleM •zW •aoupznsuT aqg Anq noA azogaq snozabupp pazploap uaaq spg bop p 3T xsp og AIaxTI aze wagg 3o auoN •sTpwTue oTgsawop Tpwzou zanoo IITM gegg aoupznsuT szaguaz zo szauMoawoq ATddns upo xooq auogd agg uT guabe aoupznsuT AUP gsowlp gegg papuodsaz gslet •zw •paznsuT aq zo aoupznsuT gab og algp aq IITM Aagg gegg poogTlaxTT aqg sT gpgM snozabupp AI'?quaqod pawaap sT gpgg bop p spq uoszad p 3T sT uoTgsanb puooas s ,gzeH uoszadTTaunoD •oguT dpg pinoo aTdoad gpgg szaTzzpo aoupznsuT 3o buTgsTl e anpg pinoo Iozguoo IpwTup os aoznosaz p aq upo AgTo alp Moq gnogp buTxuTgg gsnC sT au gnq 'Aupdwoa aoupznsuT up huTgsnd AIlpngop uaaMgaq auTT auT3 p sT azagg sMoux au pagpgs gzeH uoszadTTounoD •aoupznsuT Alddns og algp aq IITM gpgg szaTzzpo aoupznsuT zo3 buTgsTl 3o pup awos aq og buob sT azagg 3T paxsp au pup bop ITT zo3 aoupznsuT 3o adAg awos gab og buTAzg aoupznsuT Ipguaz anpq Aagg pTp IOU SzauMoawog you azaM oqM slpnpTATpuT woz3 sxaaM 3o aldnoo gspd agg zano sllpo oMg zo auo panTaoaz au pagou gzpH uosaadTTounop •aoupznsui 3o 3oozd pup aad uoTgpzgsTbag 'a uoTgoasgns 'sboa snozabupa AIIpTguagod 3o uoTgpzgsTbag L-ffI S uoTgoaS uT pa1Tnbaz aoupznsuT aqg buTpzpbaz paguawwoo gzpH uoszadTTouno3 •AauzoggV AgTD agg Aq pagpgs sp sabuego aqg ggTM papuawe aq uoTgow anogp aqg gpgg zadlaM/pooMuaa1E •asnog 1Tagg uT Tauuax p se AIlpwzo;uT wzag gpgg asn SaUTgawos aldoad asneoaq Iauuax pzoM aqg ggTM pauzaouoo azp SzaoT33o Iozguoo IpwTue agg gpgg paguawwoo gslpm •zW • „Iauuax„ pzoM aqg anowaz og sT 'sboa snozabupa AIIeTguagod 3o uoTgpzgsTbag 'L-ET-S uoTgoaS 3o 'slauuax pup szaglags 'SupTzpuTzagan zo3 uoTgdaoxs 'H uoTgoasgns uT uoTgoazzoo zaggo aqy •gpgg 3o asnpoaq snozabuep pazploap buTaq bop awos ggTM do pua g,uop Aagg gpgg azns axew og gupM Aagg pup 'agTq pup dpus awTgawos IITM IpwTup agg 'IpwTue pazncuT up buTpTP zo buTgpazg 3o Ssaoozd aqg uT azp Aagg uatM asnpoaq pauzaauoo azp SzaoT33o Iozguoo IpwTue aqg gpgg pagou gsTPN •zW „•IewTup paznCuT AlsnoTnazd p og pTp buTzapuaz zo buTgpazg 3o ssaoozd aqg uT zo„ ppp uoTgoaS aug 3o pua aqg ge (p) suoT;TuT3aa 'y uoTgoasgng 'sboa snozabuea ATTTguagod 30 uoTgezgsTbag 'L-ffT-S uoTgoaS uI '00'OS$ og 00'OZ$ woz3 pabupgo aq pinogs auT3 agg ' (Z) zap1O ggTM AIdwoo og aznTTed 'f uoTgoasgns zapun •AgaToos auewnH puag zppao agg og pabupgo aq pinogs AgaToos aupwnH Agunoo xMpH xopTg og aouaza3az aqy -uoTgeToTA 3o aoTgoN 'g uoTgoasgns 'pagTgTgozd sboa snozabuea '6-ffT-s uoTgoaS uT azp abuego gs1T3 aqy •ggbTuog goazzoo ATTspa upo ITounoo gpgg sabupgo Mai p pagou szaDT33o Iozguoo IewTup aqg gpgg pagpgs 'Aauzoggv AgTD 'gsleM sower panuTguoo pagdopy aq og saoupuTpzp abed 800Z 'SZ Azpnzgag February 25, 2008 Page 5 Ordinances to be Adopted continued 126679 - A vote was taken on the original motion, as amended, to receive, file, consider and pass for the first time with the following result. Ayes: Seven. Motion carried. 126680 - Greenwood/Cole that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Prior to a vote on the above motion, the following comments were heard. Councilperson Getty commented that he has some reservations about approving all three readings tonight, and he personally would like to wait one more week to pass for the second and third times so that we can have feedback from individuals before we press on. Mayor Pro Tem Reggie Schmitt commented this is the city' s base ordinance, and this is going to be tweaked and the clock doesn't start running until the ordinance is enacted. Following comments a vote was taken on the above motion with the following result. Ayes: Five. Nays: Getty, Steve Schmitt. Motion failed. NEW BUSINESS 126681 - Greenwood/Steve Schmitt to instruct Superintendent of Central Garage to prepare specifications, bid document, etc. in conjunction with Purchase of Two 4-Wheel Drive Pickup Trucks, be received, placed on file and approved. Ayes: Seven. Motion carried. 126682 - Greenwood/Steve Schmitt that specifications, bid document, etc. in conjunction with Purchase of Two 4- Wheel Drive Pickup Trucks, be received and placed on file. Ayes: Seven. Motion carried. 126683 - Greenwood/Steve Schmitt that "Resolution confirming approval of specifications, bid document, etc. in conjunction with above described purchase" , be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2008-152. 126684 - Greenwood/Steve Schmitt that "Resolution setting date of hearing on specifications, bid document, etc. as March 17, 2008 at 5:30 p.m. in the City Hall Council Chambers and taking of bids on above described purchase" , be adopted and City Clerk instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2008-153 . 126685 - Greenwood/Steve Schmitt to instruct Building Official/Maintenance Administrator to prepare plans, specifications, form of contract, etc. in conjunction with Roof Replacement for the Filter Building At Waste Water Treatment Plant, be received, placed on file and approved. Ayes: Seven. Motion carried. 126686 - Greenwood/Steve Schmitt that plans, specifications, form of contract, etc. in conjunction with Roof Replacement for the Filter Building At Waste Water Treatment Plant, be received and placed on file. Ayes: Seven. Motion carried. 126687 - Greenwood/Steve Schmitt that "Resolution confirming approval of plans, specifications, form of contract, etc. in conjunction with above described project", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2008-154 . xaa-D A4TD DWD 'qaaxDg AauPN •paTaapo uoTgow •uanag :saAy •w•d VS:S qp uanoCpp TTounop auq gpuq aadTaM/aTop - 6899Zt INHWNUMfaV 'SST-800Z •oN paubTssp way oad aoAPw Aq Tpnoaddp uodn pup pagdopp uoTgnTosag •uanas :saAy .awes go aoTgou usTTgnd oq pagonagsuT xaaTD AgTD pup pagdopp aq ' „goaCoad pagTaosap anogp uo spTq go buTxp; pup saagwpu3 TTounoD TTEH 'aT3 aug uT 'w'd o£:S ;p 800Z 'bt uoapW se •oqa 'gopaquoa go wao3 'suoT4poT3Toads 'supid uo buTapau go agpp buTggas uoT.InTosag„ qpu; ggTwuog aA S/pooMuaaas - 8899ZT panuTquoo ssauTsng MaN 9 abpd 800Z 'SZ Aapnagad This Resolution prepared by Nancy Eckert, City Clerk, 715 Mulberry Street, Waterloo, Iowa. RESOLUTION NO. 2008-157 RESOLUTION APPROVING REQUEST OF PEREGRINE CHARITIES TO HOLD PEREGRINE CHARITIES TRIATHLON ON SEPTEMBER 28, 2008 . WHEREAS, the Peregrine Charities has made written application to the City Council asking that they be authorized and permitted to hold a Peregrine Charities Triathlon on September 28, 2008, and WHEREAS, said Triathlon will begin at 7 : 30 a .m. , including a one mile swim, 22 mile bike ride on Waterloo, Cedar Falls and Black Hawk County roads and six mile run on trails through George Wyth Park and Hartman Reserve. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that permission is hereby granted to Peregrine Charities to hold a Peregrine Charities Triathlon on September 28, 2008 with said Triathlon to begin at 7 : 30 a.m. , including a one mile swim, 22 mile bike ride on Waterloo, Cedar Falls and Black Hawk County roads and six mile run on trails through George Wyth Park and Hartman Reserve . PASSED AND ADOPTED this 3rd day of March, 2008 . Tim Hurley, Mayor ATTEST : Nancy Eck t, CMC City Cler 0:00 CITY OF WATERLOO , IOWA WATERLOO POLICE DEPARTMENT 715 Mulberry Street • Waterloo, IA 50703 • (319) 291-4339 Fax (319) 291-4332 THOMAS J.JENNINGS • Chief of Police February 22, 2008 AL:uo TIMOTHY J. Mayor Timothy J. Hurley HURLEY City Council Members Dear Mayor Hurley and Council Members: COUNCIL.. MEMBERS Maria Benham, Executive Director of Peregrine Charities, has contacted me. She is requesting permission to hold the first Peregrine Charities Triathlon on Sunday, REGINALDA. September 28, 2008. The goals of this event are to raise funds for the Peregrine SCHNIITT Charities mission, to create awareness of their foundation, and to create a premier event Ward 1 to showcase the Cedar Valley. CAROLYN The Triathlon will be based out of George Wyth State Park and will include a one mile CO iE swim in the lake, a 22 mile bike ride on Waterloo, Cedar Falls and Black Hawk County roads and a six mile run on trails through George Wyth Park and Hartman Reserve. It HAROLD will start at 7:30 a.m. with the awards ceremony at 11:30 a.m. They are planning for 500 GETTY participants. Ward 3 The bike route is highlighted on the enclosed map. It will start and end at George Wyth QUENTIN M. Park. HART Ward 4 The Waterloo Police Department will provide four (4) officers to aid in the RON blocking/directing of traffic and assistance in general while the participants are in WELPER Waterloo. Ward 5 I have coordinated this request with Fire-Rescue, Leisure Services, Street and Traffic BOB Departments. I request that the City Council pass a resolution authorizing this event. GREENWOOD At-Large Sincerely, STEVE SCHMITT ----.__ At-Larger' Thomas J. Jennings Chief of Police TJJ:dkk cc: Chief Doug Carter, Fire-Rescue Paul Huting, Leisure Services Sandie Greco,Traffic Operations Steve Decker,Street Department Captain Tim Pillack, Police Department Captain John Beckman, Police Department Nancy Eckert,City Clerk Maria Benham, Executive Director Peregrine Charities, 3812 Cedar Heights Dr, Cedar Falls 50613 00,o 3l�om CITY WEBSITE: www.ci.waterioo.ia.us vIGN.ANCE WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Yahoo! Maps - W Airline Hwy & Airport Blvd, Waterloo, IA 50703 Page 1 of 1 Yahoo! Maps - W Airline Hwy & Airport Blvd, v , LOCAL Maps Waterloo, IA 50703 lu,';si ,, ,, xK .r Waterloo ..:_ - - _ ,... ,-; Muraicipo1Airport co ts. W_A a Fiwy_ _ _ 4ti/- - - yr t. - _�" � tt�Rd Park �� 14 r:irk cislw_r illy tI Lol'e, $ 1i SC+ m I. �/_{4,� j�� 4.11<dh i Qa >P. 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The goals of this event are to raise funds for the Peregrine Charities mission, to create awareness of our foundation, and to create a premiere event to showcase the Cedar Valley. The Triathlon be based out of George Wyth State Park and will include a one mile swim in George Wyth Lake; a 22 mile bike ride on Waterloo, Cedar Falls, and Black Hawk County roads; and a six mile run on trails through George Wyth Park and Hartman Reserve. The Triathlon will start at 7:30 a.m. with the awards ceremony at 11:30 a.m. We are planning for 500 participants, most of which we expect will be experienced triathletes due to the length of the course. The bike route is of particular importance—to the event and to the City of Waterloo. I have enclosed a map of our proposed route which will start and end at George Wyth Park. I anticipate athletes to be on the route from approximately 8:00 a.m. to 11:00 a.m. I am writing to receive the "green light"from the Waterloo Police Department and the Waterloo City Council for this event, as well as specific assistance as follows: • Police officers to assist with blocking/directing traffic at both intersections on Airport Blvd/Washington under Highway 218, at the Airport Blvd/Airline Highway intersection, and at other areas the Police Department recommends. Peregrine Charities will provide volunteers and signage at all other intersections, recommended points, and areas that may require assistance for athletes or vehicle traffic. • Other recommendations or assistance the Police Department deems necessary for a safe, pleasurable event for our participants. We will communicate with other City entities, as applicable, as plans develop. The event Medical Coordinator will arrange for emergency medical care and transportation at the event and on the race route. IOWA OFFICE ILLINOIS OFFICE 3812 Cedar Heights Dr. 190 S. LaSalle St., 7th Floor Cedar Falls, IA 50613 Chicago, IL 60603 (319)553-2118 FAX(319)277-0880 (312) 775-3559 FAX(312) 775-3095 wWW.PEREGRINECHARI TIES.ORG In addition to the participants, this event will draw hundreds of sponsors, spectators, and sports enthusiasts from across Iowa and the Midwest. It will put the Cedar Valley on the "Triathlon Map"and also provide support to Eastern Iowa children seeking medical care through the Peregrine Charities mission. Peregrine Charities is the family foundation established by Russ and Connie Wasendorf, Sr., of PFGBEST.com (Peregrine Financial Group). It supports medical research for rare pediatric diseases and provides assistance with children's hospitalization and medical treatment. In 2006, $265,000 was awarded to Allen Hospital in Waterloo, Wheaton Franciscan Healthcare in Waterloo and Cedar Falls, Mercy Medical Center in Cedar Rapids, and the University of Iowa Children's Hospital. Please know I have communicated with Captain Tim Pillack regarding this event and race route, as well as the City of Cedar Falls, Black Hawk County Sheriff's Office, and Black Hawk Park. If you have any questions, please contact me in the Cedar Falls office at 553-2118. I understand if you approve of our plan, you will make a recommendation to the City Council. Please keep me posted, as I'd like to be at that meeting to answer any questions that may arise. Thank you very much for your consideration and assistance. Most sincerely, LCE, M a Benham xecutive Director enclosure FINANCE DEPT. STAFF ONLY LINE ITEM USED ,vy 5g5o 434, FY BUDGETED /coz Cz ) EXPENDED YTD TRAVEL REQUEST THIS REQUEST 63a_,co CITY OF WATERLOO LEFT AFTER THIS %8°/O, 70 REQUEST DATE ,/ej 714,) NAME(S): DATE: Rudy D. Jones February 19, 2008 TITLE: DESTINATION: Community Development Director Des Moines, Iowa DEPARTURE DATE RETURN DATE DATE(S) OF MEETING April 16, 2008 April 18, 2008 April 16-18, 2008 PURPOSE OF TRAVEL: Attend Iowa NAHRO Annual Conference. WILL TRAVEL REQUIRE ADDITIONAL PERSONNEL: x COST $ 0 Yes Na METHOD OF TRAVEL: X _.._...CITY VEHICLE PRIVATE VEHICLE _ AIR (COMPLETE FOLLOWING INFORMATION) TRAVEL AGENCY: AIRLINE: CITY OF DEPARTURE: ESTIMATE OF COST: (PER PERSON) DEPARTMENT LINE ITEM : 224 32 5850 1346 BG21A ADMN 260.00 LODGING _.. TAXI X _ REIMBURSABLE 100.00 MEALS 45.00 PARKING YES NO 225.00 REGISTRATION _.. AIRFARE _ X REQUIRED CERTIFICATION MILEAGE YES NO TOTAL: $ 630.00 I BELIEVE THIS TRIP TO BE NECESSARY I APPROVE THIS TRAVEL REQUEST AND BENEFICIAL TO ItCITY OF WATERLOO I..., DONALD J. TEMEYER. CPD DIRECTOR DEPARTMENT HEAD MAYOR February 19, 2008 DATE DATE y.,yyv t-qs-- BONDS FOR COUNCIL APPROVAL March 3, 2008 RIGHT OF WAY CONSTRUCTION BOND (EXPIRES 4/30/09) AMOUNT: $5000 191453 Aspro, Inc. and Its Subsidiary Waterloo, IA 2084039 D.W. Zinser Company Walford, IA 2074624 Happel Excavating, Inc. Waverly, IA Ia 537826 Martinson Construction Co Inc. Waterloo, IA 95 02 3294 8 Sweerin Brothers Masonry Waterloo, IA IA 571754 Watco Construction Inc Waterloo, IA irk. CITY OF WATERLOO , IOWA ��.. -...rit CITY ATTORNEY'S OFFICE ��...��D 715 Mulberry St. • Waterloo, IA 50703 • (319) 291-4327 Fax (319) 291-4571 o't°HO p �� JAMES E.WALSH,JR.,City Attorney • DAVID R.ZELLHOEFER,Assistant City Attorney Mayor TIMOTHY J. HURLEY March 3, 2008 COUNCIL MEMBERS REGINALD A. Iva d MITT 1 Mayor Tim Hurley and City Council CAROLYN City Hall COLE Waterloo, IA 50703 Ward 2 HAROLD Dear Mayor Hurley and Council Members: GETTY Ward 3 I have examined the bonds filed with the City Clerk/Auditor's Office up to the QUENTIN M. close of business on February 28, 2008. HART Ward 4Of the bonds submitted, were approved and RON rejected, as shown on the attached list. WELPER Ward 5 U t y yours, BOB GREENWOOD At-Large Da R. Zellhoefer STEVE SCHMITT Assistant City Attorney At-Large DRZ:lc CITY WEBSITE:www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer ` c CITY OF WATERLOO, IOWA COUNCIL RECORD CONSENT AGENDA 126692 - Reggie Schmitt/Welper 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 AP640, pp. 1-64, dated March 3, 2008, in the amount of $1, 755, 392.90, 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. 2008-156. 2. Communication from Police Chief transmitting request of Peregrine Charities to hold Peregrine Charities Triathlon on September 28, 2008 starting at 7:30 a.m. , including one mile swim, 22 mile bike ride on Waterloo, Cedar Falls and Black Hawk County roads and six mile run on trails through George Wyth Park and Hartman Reserve. Resolution adopted and upon approval by Mayor assigned No. 2008-157. b. Motion-to approve the following: 1. Rudy Jones, Community Development Director, to attend Iowa NAHRO Annual Conference in Des Moines, Iowa on April 16-18, 2008, with costs not to exceed $630.00, including use of city vehicle. c. Beer/Liquor License Permit Application Class C Fortune' s, 328 Elm Street (Renewal) (Expires 3/27/09) (Includes Sunday Sales) Catherine Doyle' s Pub, 504 Sycamore Street (Renewal) (Expires 3/7/09) (Includes Sunday Sales) Beck's Pub and Grille, 3295 University Avenue (Renewal) (Expires 3/24/09) (Includes Sunday Sales and Brew Pub) d. Beer/Wine License Permit Application Special Class C Waterloo Bucks, 850 Park Road (6 months-3/24/08 - 9/24/08) (Includes Sunday Sales) e. Outdoor Service Area Application Fortune's, 328 Elm Street Waterloo Bucks, 850 Park Road AYES NAYS ABSENT ABSTAIN MS . COLE MR. GETTY MR. HART MR. GREENWOOD MR. STEVE SCHMITT MR. WELPER MR. REGGIE SCHMITT cD w CD n 'Cr 0 m m o ro tzi DI 0 w b N rn m it �. 0 H tt 0 4# 1-1 a (1) rrt N C) n N (D 7d 1-3 Hg. rt w a Q. p, 0 Q, W c 1-3 HO H t'i z n y 0 00 H Z 1-3 H o `� z z a) o a z cD to 0 n rr N o a a M 0 ro ci- cD a CITY OF WATERLOO, IOWA COUNCIL RECORD f. Fireworks Display Application Waterloo Bucks, Riverfront Stadium on May 29, July 11, July 12, August 11, 2008 g. Bonds. Prior to a vote on the above motion, the following comments were heard. Councilperson Greenwood asked if any of the dates requested by the Waterloo Bucks on the fireworks display application were a school night. Mayor Hurley responded May 29 is a Thursday night. Councilperson Greenwood commented that he is a supporter of the Bucks, but last year he received calls from people when the fireworks were on a school night complaining that the fireworks disrupted the family life. Mayor Hurley explained that the application has them going off at 9:30 p.m. and lasting about 15 minutes. Mayor Hurley commented that May 29 is opening night for the Waterloo Bucks and its a pretty important night. Councilperson Cole commented that fireworks have existed for years and years and years. Occasionally we have them on a week night, and it would seem to her that maybe the Bucks could tell people that it was going from 9:30 to 9:45 p.m. That maybe they should close the windows and put cotton in their ears rather than ruin it for the vast majority of people who would like to celebrate the Bucks opening night. Mayor Hurley noted that Riverfront Stadium is wide open on three sides, and the neighborhood to the north has existed for a long time, Mayor Hurley stated the city recognizes that it is disruptive and inconvenient for some, but he thinks in the spirit of community quality of life, opening night at the ballpark is something that is celebratory and is traditional. Councilperson Reggie Schmitt noted that this application has a put a time for the fireworks. Previous applications did not state a time, and there were occurrences where they went into extra innings and then fired them off at 1:00 a.m. , but now with the time on the application everybody knows its going to be between 9:30 and 9:45 p.m. Councilperson Getty stated he thinks this is a good compromise and it sounds good on paper, but if the ball game isn't over until 10:00 or 10:15 p.m. , that is when they will shoot them off. The Bucks are not going to stop a ball game at 9:30 p.m. in the top of the eighth inning to shoot off fireworks. Following comments a vote was taken on the above motion with the following result. Ayes: Seven, with Steve Schmitt abstaining on payment to Schmitt Telecom in the amount of $1, 042.50. Motion carried. AYES NAYS ABSENT ABSTAIN MS . COLE MR. GETTY MR. HART MR. GREENWOOD `/" MR. STEVE SCHMITT MR. WELPER MR. REGGIE SCHMITT / (}1 J�' u 1 1 1 a. xl U ip m 14 * t:J H ri 0 1-1 a a m c n o . . ,. 4 ,. .-- H H rr a m m m w A lit .ram rr ill + . 0 H H C� Fes' ft M ` / a , kii H Z y 0 r. _ aria O H a r _ I . - 01 4 0 if L� .r 0 o v_ �!' coo CqL a r il- F (,Cog CITY OF WATERLOO, IOWA COUNCIL RECORD HEARINGS & BIDS 2. 2 that proof of publication of notice of public hearing on F.Y. 2008 Street Reconstruction Program, Contract No. 736, as published in the Wate .er on February 15, 2008, be received and placed on file. Ayes: . otion carried. AYES NAYS ABSENT ABSTAIN MS. COLE MR. GETTY MR. HART MR. GREENWOOD MR. STEVE SCHMITT MR. WELPER MR. REGGIE SCHMITT m w m n PO o m m .t �' �� r1 o ro tzi to ►� 0 N PC n rn (D �a> �y ro '-� p n1# 0 m N• 0 fi (D rr N• F� OOIA H O a al - rr Yr 0 I r HIr H z H Mr O. 0 .4.t. rn a 0 hi rr c, a k STATE OF IOWA, Black Hawk County I do solemnly swear that the annexed copy of 1232571 HEARING - CONTRACT 736 notice was published in the WATERLOO/CEDAR FALLS COURIER - , a daily newspaper printed in WATERLOO, Black Hawk County, Iowa, for 1 issues NOTICE OF PUBLIC HEARING commencing on 02/15/2008, in the issues of On Proposed Plans, Specifications,Form of 02/15/2008 Contract,And Estimate of Cost and the the NOTICE TO BIDDERS of said newspaper, and that the annexed rate of FoCETOTaking'of Construction Bids F.Y.200$ advertisingis the regular legal rate of saidFor the 08 ggREET newspaper, and that the following is a correct RECONSTRUCTIONSTUCCTTION PROGRAM, posal,which includes the Bid bill for publishing said notice. In the City of Waterloo,Iowa Item Number,Description,Unit, CONTRACT NO.736 Price,aTo al Bid Price nd Unit Total RECEIVING OF BIDS Pr i nt e r l s Bill $151 . 3 5 Sealed proposals will be re- Bid. The computer-generated ceived by the City Clerk of the spreadsheet shall include all City of Waterloo, Iowa, at her of the information listed in that office in the City Hail of the said portion of the Form of Bid or City on the 3rd day of March, Proposal as well as bear the 2008;until-4:00 p.m. for the signature of the Prime Contrac- construction of the F.Y. 2008 tor submitting the bid. For the STREET RECONSTRUCTION bidders who submit a com- bthe.. , L f�./ PROGRAM,Contract N 736,te puler-generated spreadsheet, alter- as described in detail in the the TOTAL BID (with alter- plans and specifications now nates, if applicable) shall also Signed on file in the Office of the City be indicated in the space(s) Clerk. provided on the Form of Bid or.• OPENING OF BIDS Proposal. All proposals received will be BID SECURITY REQUIRED opened in open Council meet- All bids must be accompanied ,- ing to be held in the Council in a separate envelope by a cer- Subscribed and sworn to before me this Chambers in the City Hall in tified çr cashier's check drawn the City of Waterloo, Iowa,on on an Iowa bank, or a bank �//� r the 3rd day of March,2008,at chartered under the laws of the /�� day o f �{��y 1,1�(�,� 1 1 5:30 p.m.,act and the proposals later draft drawn a certified cit shareio 11 l l/I ✓ g will be acted upon at such later draft drawn on a credit union .11 r time and place as may then be in Iowa or chartered under the fixed. laws of the United States,or bid PUBLIC HEARING bond,(on the form furnished by Notice is hereby given that the the City)payable to the City of ` it , r:45 jr_ Council of said City will con- Waterloo, Iowa,in the sum of duct a public hearing on the not less than five percent(5%) proposed plans,specifications, of the bid submitted, Which form of contract,and estimate certified check,certified share of cost for the construction of draft or bid bond will be held the above-described improve- as security that the Bidder will N Pry Public ment project at 5:30 p.m. on enter into a Contract for the March 3,2008 said hearing to construction of the work and he held in the Council Cham- will furnish the required bonds, bers in the City Hall in said City. and in case the successful Bid- The proposed plans,specifics- der shall fail or refuse to enter lions,form of contract,and es- into the Contract and furnish Received O f timate of cost for said improve- the required bonds,his bid se- ments heretofore prepared by curity may be retained by said the City Engineer of the City of City as agreed upon liquidated Waterloo are now on file in the damages. If bid bond is used, the sum of Dollars office of the City Clerk for pub- it must be signed by both the lic examination,and any person Bidder and the surety or sure- interested therein may file writ- ty's agent.Signature of surety's ten objection thereto with the agent must be supported by City Clerk before the date set accompanying Power of At- for said hearing,or appear and torney. make objection thereto with the PERFORMANCE&PAYMENT City Clerk before the date set BONDS Notary Seal : for said hearing,or appear and The successful bidder will be et A, JODI A. FREET make objection thereto at the required to furnish a "Perfor- •: W. COMMISSION NO.750457 meeting above set forth. mance Bond"and a" aymen r SCOPE OF WORK Bond" within ten (10) days p o MY COMMISSION EXPIRES The extent of the work involved after forms are presented to )0- -([] is the construction of street im- him in an amount equal to one '0 w' provements in,along and upon hundred percent(100%)of the portions of certain streets,av- contract price,said bond to be • enues, roads, and alleys, and issued by a responsible surety such other work as may be approved by the City Council incidental thereto along and and shall guarantee the faith- upon the following streets,av- ful performance of the contract enues,roads and alleys. and the terms and conditions Street improvements consist- therein contained, and shall ing of: guarantee the prompt payment DIVISION I: of all materials and labor and Alternate A: protect and save harmless the •8 Yz-inch thick HMA 1M, M, City from claims of any kind &10M Intermediate and Base, caused by the operations of b", 60% CR or 75% CR with the contractor. a inch thick HMA 1M,3M,& MAINTENANCE BOND 1 Surface, ' ", 60% CR or Before the Contractor shall be 7 CR between new 24-inch entitled to receive final pay- :uro and gutter sections; ment for work done under this •3-inch PCC paving with inte- contract, it shall execute and gral curb and gutter file a bond in the penal sum OR of not less than 100% of the Alternate B:. total amount of the contract, • 8-inch and 9-inch non-rein- same to be known as"Mainte- •forced PCC paving with inte- nance Bond,"and which bond gral curb and gutter. must be approved by the City Subgrade drain tile, granular Council,and which bond is in subbase, new storm sewer addition to the bond given by and appurtenances and other the Contractor to guarantee the such work as may be incidental completion of the work. thereto. CONTRACT COMPLIANCE • All street improvements consist PROGRAM/SUBCONTRACT- of the reconstruction of an ex- ING isting paved street,which is to The program proposes nu- be replaced with a proposed marital projections regarding street. utilization of Minority Business The list of streets, which are Enterprise (MBE) and Women proposed for improvements,is Business Enterprise (WBE) as as follows: Subcontractors, vendors and / (.6.941 CITY OF WATERLOO, IOWA COUNCIL RECORD 2. This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Z that the aring be c p aced on rile. Ayes: otion carried. AYES NAYS ABSENT ABSTAIN MS. COLE MR. GETTY MR. HART MR. GREENWOOD MR. STEVE SCHMITT MR. WELPER MR. REGGIE SCHMITT LiC6. 0 pc1 Pri 0 P:i n DI H 0 w ro n rn (D pp T' O H H N rt. `� ,\ (D .► ?d H 0 a (CD rr 0 0 ri H. it , H H (1 r a p, a M ((D W ... 1icr �. t OO H H tzi 6 n a 0 ►- . HI II ► H O 0 K. rr rh 1 H Z H p 0 1 ,lik 1:41k 0 H gib 0Z z °z 0 K r 0 a Pd N Ph- 1 0 ii '`r n rr ► 0 No M a NJ .� rr cD a CITY OF WATERLOO, IOWA COUNCIL RECORD 2. to receive, file and instruct City Clerk to open and read bids and refer to City Engineer for review: Bidder Bid Bond Bid Amount Ayes: Motion carried. ,itbad AYES NAYS ABSENT ABSTAIN MS. COLE MR. GETTY MR. HART MR. GREENWOOD MR. STEVE SCHMITT MR. WELPER MR. REGGIE SCHMITT n ro 0 Pi m M. G ti ti 0 b 0d 0 m w 0 n c� ct ,.; , O H H 0 r-' a cD cr 0 n ri r. I"' i, N • H H H 0 a a CD m 0 •r. n O H ei ._..�. H. a n a L. ct z H 0 °` H ZH0 M ek Wr iit _ O H 0 a a i� lir 4 ro tv Mt o Olt ill II ft 0 X ro r rr a /4116 �� CITY e. 'a , IOWA .4144, .... WATERLOO ENGINEERING DEPARTMENT �� 715 Mulberry St. • Waterloo, IA 50703 • (319) 291-4312 Fax (319) 291-4262 %r7C/p A° ERIC THORSON,P.E. • City Engineer email:city.engineer@waterloo-ia.org R4r7t/or /fn�, goo8- 15 S TIMOTHY J. February 5, 2008 �`� "`v i S� HURLEY A021108 COUNCIL MEMBERS Honorable Mayor Hurley and Council Members Waterloo City Hall REGINALD A. Waterloo, IA 50703 SCHMITT Ward t CAROLYN RE: F.Y. 2008 STREET RECONSTRUCTION PROGRAM COLE CONTRACT NO. 736 Ward 2 HAROLD Honorable Mayor Hurley and Council Members: GETTY Ward 3 Transmitted herewith are the Notice to Bidders, Notice of Public Hearing and QltE\TIN M. the Plans and Specifications for the F.Y. 2008 STREET RECONSTRUCTION HART PROGRAM, Contract No. 736, as prepared by the City Engineer's Office. W,,rd 4 It is recommended that Council approve these documents, set March 3, 2008, RON as the date for thepublic hearingand bid opening and instruct the CityClerk to WEEPER p g Ward 5 publish said notices. I BOB GREENWOOD At-Large Sincerly, STEVE SCHMITT At-Large ennis . Gent , P.E. Assistant City Engineer cc: Louis Starks, Contracts and Grants Coordinator CITY WEBSITE: www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer BID OPENING TABULATION F.Y. 2008 STREET RECONSTRUCTION PROGRAM CONTRACT NO. 736 BIDS OPENED MARCH 3, 2008 Division I: Division I: Base Bid+Alt A Base Bid +Alt B +Division II +Division II (asphalt) (concrete) ENGINEER'S ESTIMATE $3,392,668.17 $3,392,894.09 BIDDER NAME ASPRO, INC AND SUBSIDIARY $ -• /c7: /// 7$ $ Division I: Street Reconstruction Division II: Rainbow Drive Water Main(to be paid by Waterloo Water Works) This Resolution prepared by Nancy Eckert, City Clerk, 715 Mulberry Street, Waterloo, Iowa. RESOLUTION NO. 2008-159 RESOLUTION ORDERING THE CONSTRUCTION OF THE F. Y. 2008 STREET RECONSTRUCTION PROGRAM, CONTRACT NO. 736. WHEREAS, by Resolution No. 2008-158, plans, specifications, form of contract, etc. , for the F.Y. 2008 Street Reconstruction Program, Contract No. 736, in the City of Waterloo, Iowa, have been approved and adopted by this Council after the hearing 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 improvements be constructed in accordance with said plans and specifications . That the work herein ordered is to be paid in monthly estimates, in cash, on the basis of 90 percent of the work as the same is completed and materials delivered and the work approved, except that before the last month' s payment is made the contractor may be required to furnish the City Council vouchers showing that all subcontractors and workmen and persons furnishing materials have been fully paid for such materials and labor, and that the City may retain the last month' s payment for a period of 31 days following such completion and approval, unless satisfied that materials, men and laborers have been paid. That said work shall be done by contract and shall be commenced promptly after receipt of "Notice to Proceed" . PASSED AND ADOPTED this 3rd day of March, 2008 . Tim Hurley, Mayo ATTEST: Nancy Eck r , CMC City Cler CITY OF WATERLOO, IOWA COUNCIL RECORD 2 . that "Resolution ordering construction in conjunction with above said project" , be adopted. Ayes: 7 . Resolution adopted and upon approval by Mayor assigned No. 2008- / c, . AYES NAYS ABSENT ABSTAIN MS. COLE MR. GETTY I/ MR. HART MR. GREENWOOD MR. STEVE SCHMITT MR. WELPER V MR. REGGIE SCHMITT V CD 0 n - tig ` -" Oro PI N CD W b 0 , m ro H n O CD w 0 n (D rt u. O H t-+ 0 1 P.-0a (D ct 0 CI n N. „w._. (D H H rA i. 0 .� N a a 4 cD a W rr I. y 0 H H trl 1 ► ►. O H. rr ItM _ 16' H 0 , Z W 0 a� 6, 0 H w a, t m b o ._ 0 a ill O qtr ro ' cD a. CITY OF WATERLOO, IOWA COUNCIL RECORD 2 . / Jji that "Resolution confirming approval of plans, specifications, form of contract, etc. in conjunction ,ith F.Y. 2008 Street Reconstruction Program, Contract No. 736" , be adopted. Ayes: •(/// Resolution adopted and upon approval by Mayor assigned No. 2008- J4 . AYES _ NAYS ABSENT ABSTAIN MS. COLE (// s MR. GETTY MR. HART MR. GREENWOOD V MR. STEVE SCHMITT L//:/ MR. WELPER MR. REGGIE SCHMITT I o Pimmn m L b N ro o 4tl t-h CD sit y yII.�' Pd 1-3 H a m ° m 1-3 a a H cr ¢, a) a) CD w cr i► G z ] H Z ► .o 1-3 zM _o IIo 0 �. V • v+ Ior .�. ct ` IL I o a rn This Resolution prepared by Nancy Eckert, City Clerk, 715 Mulberry Street, Waterloo, Iowa. RESOLUTION NO. 2008-158 RESOLUTION CONFIRMING APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, ETC. , IN CONJUNCTION WITH THE F.Y. 2008 STREET RECONSTRUCTION PROGRAM, CONTRACT NO. 736 . 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, etc. , for the F.Y. 2008 Street Reconstruction Program, Contract No. 736, in the City of Waterloo, Iowa, and WHEREAS, said City Engineer did file said preliminary plans, specifications, form of contract, etc. , for the F.Y. 2008 Street Reconstruction Program, Contract No. 736, which were preliminarily approved on February 11, 2008, and WHEREAS, a public hearing, upon notice, was held on March 3, 2008 . NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that said proposed plans, specifications, form of contract, etc. , for the F. Y. 2008 Street Reconstruction Program, Contract No. 736, in the City of Waterloo, Iowa, be, and the same are hereby, approved as filed. PASSED AND ADOPTED this 3rd day of March, 2008 . Tim Hurley, Mayor ATTEST: Nancy Eck r , CMC City Cler CITY OF WATERLOO, IOWA COUNCIL RECORD 3 . that proof of publication of notice of public hearing on General Obligation Bond Demolition Project, 93 and 97 Vinton, 156-D-GO-03-03-08, as published in the Wa Courier on February 15, 2008, be received and placed on file. Ayes: . Motion ,icarried AYES NAYS ABSENT ABSTAIN MS. COLE MR. GETTY MR. HART MR. GREENWOOD MR. STEVE SCHMITT MR. WELPER MR. REGGIE SCHMITT m w (D 0 ro 0 CCD (D E., �4 *+ ro y 0 b n PJ cn H ai n r,, CD ii u. .` p H t-4 o 4# I0-' a (CD et II n n N ' i! n . .` i► H H H ,F33,, tom'• a P. p, 0 a `� -- (T IMP Z n y Z� H s 0 N. 0 It gib t� Alb. H Z ►-3 _ 0 H pl IN a' ► o. r w� o ab ,, R. ct 0 N., uot r M 0 b 1 .= STATE OF IOWA, Black Hawk County I do solemnly swear that the annexed copy of 1232878 NOTICE OF PUBLIC HEARING AND NOTICE notice was published in the WATERLOO/CEDAR FALLS COURIER - , a daily newspaper printed in WATERLOO, Black Hawk County, Iowa, for 1 issues commencing on 02/15/2008, in the issues of 02/15/2008 of said newspaper, and that the annexed rate of advertising is the regular legal rate of said newspaper, and that the following is a correct bill for publishing said notice. Printer' s Bill $18 . 06 NOTICE OF PUBLIC HEARING AND NOTICE TO BIDDERS for the taking of bids for GENERAL OBLIGATION BOND DEMOLITION PROJECT CONTRACT NO. q ,Q�/ /} ( � 156-D-GO-03-03-08 /��fi` �L" (A 9etadel Sealed proposals will be re- �!�C ( /�� ceived by the City Clerk of the City of Waterloo,Iowa,at her Signed office in the City Hall of said City on the 3rd day of March, 2008,until 4:00 p.m.,for the General Obligation Bond Dem- olition Project,Contract No. Subscribed and sworn to before me this All proGO-0s-receiv proposals received will be SL opened in the Council Cham- T day of r� n�. /� 1 f� tiers in the City Hall in the City of Waterloo,Iowa,on the 3rd VI V (� day of March,2008,at 5:30 p.m.Bid proposals will be acted upon at that time or at such time as may then be fixed. Notice is hereby given that the Council of the City of Waterloo will conduct a public hearing on �f the proposed plans,specifica- tions,form of contract and esti- N ary Public Omate of bl gat costs the General BondDemolition Project,Contract No. 156-D- GO-03-03-08 at 5:30 p.m.on March 3,2008,.in the Council Chambers in the City Hall in the Received of City of Waterloo,Iowa.The pro- posed bid form is on file in the office of the City Clerk for public examination.A bid document the sum of Dollars may be obtained from the Com- munity Development office,620 in full for publication of the above invoice . Mulberry Street,Carnegie An- nex,Waterloo,Iowa.50703. Anyone who is interested may appear at said time and place and be heard or may file written objection with the City Clerk, Notary Seal : City Hall,Waterloo,Iowa e JODI A. FREET before the date set for said ° hearing. COMMISSION NO.750457 By order of the Council of the rtr 4 MY CQMMIS (ON EXPIRES City of Waterloo this 11th day of t d J 1) February,2008. °w' Nancy Eckert,CMC City Clerk CITY OF WATERLOO, IOWA COUNCIL RECORD 3 . This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. J7L that the h 'n ' le. Ayes: Motion carried. AYES NAYS ABSENT ABSTAIN MS. COLE MR. GETTY MR. HART MR. GREENWOOD MR. STEVE SCHMITT MR. WELPER MR. REGGIE SCHMITT xl qi d a X 44` to ro n 7d C1 m k- cD n hi 0 m m s. CG r ti ti O hd t� 7d co I-, 0 N hi 1-1 HI bp, '0 H hi O (D H h (D tt u. -- O H ti O 4t N Q. 0 rt. 0 0 1-1 N• -4 ■► m '*.. H H a (DC n p "► 0 H H C w-- O O It 1 . '` H O , - `, H z H w ��• O .- H � z O e ilk ilk a hi O Q ► o rt S 0 N cl Q „ M ro I 1 (D i J 0, !PO . ' 9- (,0.1°9 CITY OF WATERLOO, IOWA COUNCIL RECORD 3 . A / 7/1 to receive, file and instruct City Clerk to open and read bids and refer to Contracts and Grants Coordinator for review: Bidder B Bond Bid Amount .--27 Ayes: 7tionctioncarried. 74j AYES NAYS ABSENT ABSTAIN MS . COLE MR. GETTY MR. HART MR. GREENWOOD MR. STEVE SCHMITT MR. WELPER MR. REGGIE SCHMITT ?d 'z] 0 a > 'rJ X7 X �1 F m .� Pj C=] O > n (D N- (D ri PO 0 (D (D 1 r o m N- 0 b il m (1 I, f y O Hr ON a m cr 0 0 n N• "� .. ' 0 ►' Pd H0 fl m C 0' n 0 a 0 r H H w a' p, a, p, `A cr _ ' O H t 0 X, 0 , z n H 0 1-1- rt. frt, g U.1 0 IQ0 k� 1-3 O Z H A z Z V I � �� . Ill AP 'k IA r , 0 tc) 1y r^ b n % I CITY OF WATERLOO , IOWA COMMUNITY DEVELOPMENT %rJO;N p 620 Mulberry St., Carnegie Annex • Waterloo, IA 50703 • (319) 291-4429 Fax (319) 291-4431 4,41.4A;1 February 4, 2008 Q.. /Coo mayor /L TIMOTHY J. HURLEY The Honorable Timothy J. Hurley, Mayor and Waterloo City Council 715 Mulberry Street COUNCIL Waterloo, Iowa 50703 MEMBERS RE: General Obligation Bond Demolition Project REGINALD A. CONTRACT NO. 156-D-GO-03-03-08 SCHMITT Ward 1 Dear Mayor and Council Members: CAROLYN COLE Staff is seeking authorization to solicit bids for the General Obligation Bond Demolition tti"'`i Project, Contract No. 156-D-GO-03-03-08, using Plans and Specifications prepared by the HAROLD City's Community Development Office. There are two City-owned commercial buildings GETTY scheduled for demolition in this project to be listed as Base Bid . The property addresses are as Ward 3 follows: QUENTIN M. 93 Vinton Street, Waterloo, IA HART 97 Vinton Street, Waterloo, IA Ward 4 RON It is anticipated that the estimated cost of this contract will exceed the $25,000 threshold; WEEPER therefore, a public hearing is required. ward s BOB It is recommended that Council authorize bid solicitation on February 11,2008, appropriately GREENWOOD publish/advertise the bid solicitation, and set March 3,2008, as the Bid Opening date and Bid At-1.arge Award dates of the contract to the lowest qualified bidder. Staff will solicit bids from a STEVE minimum of three (3) qualified firms. SCHMITT At-Large Sincerely, • Louis Starks Contracts and Grants Coordinator cc: Rudy D.Jones,Community Development Director Don Temeyer,CP&D Director Michelle Weidner,Finance Director Nancy Eckert,City Clerk Dave Zelihoeffer,Legal Dept. Barry Stratton,Code Enforcement Chris Western,Associate Planner OCITY WEBSITE: www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! EQUAL HOUSING OPPORTUN ry An Equal Opportunity/Affirmative Action Employer 7 3D CC) C) o 0 0 O 0 0 0 Z Z Z ti 0 0 j` (Ni 0 CO O CD CO 0 Nto t N 0 <A- I- 0 0 0 0 o a 0 A a 0 o m o ;n a) • O i co O L o O C) Q a ~ n- U 0 D m 0 Q Z O o O 0 Z O 0 _ 0 0 0 hz o 0 w J o_ LO64 'Ct O 0 11.0 W 0 d O OCO m ;p N Cr) Cato Ea r c 0) 40 ns . m Q 0 0 0 0 0 N ff3 Co.. Y a if) O) o Q)-0 C C 0 • 474.a)) C N O co L Q in Y 'r co L 0 U O O CO 0 m y F- 0 x co RS L C W (1) C) 05 co Co 07 — C o CO e- r in 4 C w 0 0 O a) Lo c a) p LOE _ o O cl W ° o `n � QQ U � `n c 3 � U ao a) go NV m0 Q� Q o C - � cAQ o 6 < dM c ` C p C — m a) o U -c — to O Q d o ci U o C o C 0 0 c 0 > c (- CO 0 ` a) ` o o D @ o 0 0 (Q o N m Q " — �O o c m N � U c E Y N a) c W O cfl >>@ 0N. c0 _C Co � • � 0 � = O W QJ C Q 0 V — W J> LL 1 cr) > Cl_ 0 d to > / c, 70 � CITY OF WATERLOO, IOWA COUNCIL RECORD 3 . 2 / /-i N that "Resolution o ering construction in conjunction with above said project" , be adopted. Ayes: Resolution adopted and upon approval by Mayor assigned No. 2008- /c / . AYES NAYS ABSENT ABSTAIN MS. COLE MR. GETTY MR. HART MR. GREENWOOD v/ M MR. STEVE SCHMITT - MR. WELPER MR. REGGIE SCHMITT Pi Ft C7 0 fti 7d X `.: to Pt O ›,trin to N 0 N '0 I I (D ,0 H 1 ro CI (Drt nN u. • O H t' O 4# H a O S' ' (D � H H o a m ti 0 H H n fa, p p LQ ` ZH o 1 4�'. y0 „ - It o 1. HZHpp O `""' i W Z O filet, N `fir 0 a o M o '0 via a aSZ *. This Resolution prepared by Nancy Eckert, City Clerk, 715 Mulberry Street, Waterloo, Iowa. RESOLUTION NO. 2008-161 RESOLUTION ORDERING THE CONSTRUCTION OF THE GENERAL OBLIGATION BOND DEMOLITION PROJECT, 93 AND 97 VINTON STREET, CONTRACT NO. 156-D- GO-03-03-08 . WHEREAS, by Resolution No. 2008-160, plans, specifications, etc. , for the General Obligation Bond Demolition Project, 93 and 97 Vinton Street, Contract No. 156-D-GO-03-03-08, in the City of Waterloo, Iowa, have been approved and adopted by this Council after the hearing 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 improvements be constructed in accordance with said plans and specifications . That the work herein ordered is to be paid in monthly estimates, in cash, on the basis of 90 percent of the work as the same is completed and materials delivered and the work approved, except that before the last month' s payment is made the contractor may be required to furnish the City Council vouchers showing that all subcontractors and workmen and persons furnishing materials have been fully paid for such materials and labor, and that the City may retain the last month' s payment for a period of 31 days following such completion and approval, unless satisfied that materials, men and laborers have been paid. That said work shall be done by contract and shall be commenced promptly after receipt of "Notice to Proceed" . PASSED AND ADOPTED this 3rd day of March, 2008 . Tim Hurley, Ma r ATTEST: Nancy Ecker , CMC City Clerk 7.6 CITY OF WATERLOO, IOWA COUNCIL RECORD 3 . that "Resolution confirming plans, specifications, form of contract, etc. in conjunction with General Obligat ' Bond Demolition Project, 93 and 97 Vinton, 156-D-G0-03-03-08" , be adopted. Ayes: Resolution adopted and upon approval by Mayor assigned No. 2008-// d AYES NAYS ABSENT ABSTAIN MS. COLE MR. GETTY MR. HART V MR. GREENWOOD MR. STEVE SCHMITT MR. WELPER V MR. REGGIE SCHMITT r lab .., e _ ro y r ("1 1-8 0. (D (1- 0 0 11 F,• oh (D ,.. k. Pd H I-1 i a (D C 0' n p — o ff 0 Ds' 0 i . , >I H C r, W 0 o � Hyz 1 at 40. ill:'2 hi it t ;m' This Resolution prepared by Nancy Eckert, City Clerk, 715 Mulberry Street, Waterloo, Iowa. RESOLUTION NO. 2008-160 RESOLUTION CONFIRMING APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, ESTIMATED COST, ETC. , IN CONJUNCTION WITH THE GENERAL OBLIGATION BOND DEMOLITION PROJECT, 93 AND 97 VINTON STREET, CONTRACT NO. 156-D-G0-03-03- 08 . WHEREAS, the City Council of the City of Waterloo, Iowa, heretofore instructed the Contracts and Grants Coordinator of said City to prepare proposed plans, specifications, form of contract, etc. , for the General Obligation Bond Demolition Project, 93 and 97 Vinton Street, Contract No. 156-D-GO-03-03-08, in the City of Waterloo, Iowa, and WHEREAS, said Contracts and Grants Coordinator did file said preliminary plans, specifications, form of contract, etc. , for the General Obligation Bond Demolition Project, 93 and 97 Vinton Street, Contract No. 156-D-GO-03-03-08, which were preliminarily approved on February 11, 2008, and WHEREAS, a public hearing, upon notice, was held on March 3, 2008, and no objections were made. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that said proposed plans, specifications, form of contract and bond, etc. , for the General Obligation Bond Demolition Project, 93 and 97 Vinton Street, Contract No. 156-D- GO-03-03-08, in the City of Waterloo, Iowa, be, and the same are hereby, approved as filed. PASSED AND ADOPTED this 3rd day of March, 2008 . Tim Hurley, M or ATTEST : Nancy Ecke , CMC City Clerk /9- b 70 CITY OF WATERLOO, IOWA COUNCIL RECORD HEARINGS 4 . S that proof of publication of notice of public hearing on request of Deer Creek Development to rezone from "M-2,P" Planned Industrial District to "B-P Business Park approximately 119 acres of land generally located west of 2015 West Ridgeway Avenue and north of 3250 Greyhound Drive for the purpose of establishing a business park development, as published in the oo r on February 22, 2008, be received and placed on file. Ayes: - . Motion carried. AYES NAYS ABSENT ABSTAIN MS. COLE MR. GETTY MR. HART MR. GREENWOOD MR. STEVE SCHMITT MR. WELPER MR. REGGIE SCHMITT CD N p 11 b 00 n, N r ,w' tr' a, ' i b UH It#�- ►t�1VIP H raw O 7r 0 P ✓ lei i► H G g a) �!J ter► ro _�, tt' ` ir. k` u 4 rt N. ,%I. k:=. cir y N.) .4 ' �'-eyi M 0 1 a • STATE OF IOWA, Black Hawk County I do solemnly swear that the annexed copy of 1233375 NOTICE OF PUBLIC HEARING ON REZONIN notice waspublished in the W FALLS COURIER - NOTICE OF PUBLIC HEARING WATERLOO/CEDAR TO WHOM REZONINGON MAY CONCERN: a daily newspaper printed in WATERLOO, Notice is hereby given that on the 3rd day of March, 2008, Black Hawk County, Iowa, for 1 issues at 5:30 p.m. in the Council commencing on 02/22/2008, in the issues of the Cith Cityrs in the City in y of Waterloo, Iowa , a public hearing will be held by 02/22/2008 the Council of the City of Wa- terloo,Iowa,on the application of saidof Deer Creek Development, newspaper, and that the annexed rate of upon the recommendation of approval of the City Planning, advertising is the regular legal rate of said Programming & Zoning Com- mission,to rezone from "M-2, newspaper, and that the following is a correct P"Planned Industrial District to "B-P" Business Park approxi- bill for publishing said notice. mately 119 acres of land gener- ally located west of 2015 West Ridgeway Avenue and north of 3250 Greyhound Drive for the Printer ' s Bill $31 . 5 2 purpose of establishing a busi- ness park development,legally described as follows: That part of Section 6-88-13, Waterloo, Black Hawk County, Iowa,described as follows: The East One-half of the North- west Fractional Quarter of said V g, `-----*/ Section 6,except the West 440 feet thereof. • The West One-half of the North- Signed east Fractional Quarter of said Section 6. That part of the East One-half of the Northeast Fractional Quarter of said Section 6 lying Northwesterly of the former right of way of the Wisconsin, Subscribed andsworn to before me this Iowa and Nebraska Railway Company(later known as Chi- �''dapart thereof Rail Road)con- veyed O f �� exceGreat Western tin 538 LD 248ereof That part of the North One-half i of the Southeast Quarter of said Section 6 lying Northwest- erly of the former right of way ts of the Wisconsin,Iowa and Ne- braska Railway Company(later known as Chicago Great West- . ern Rail Road),except that part thereof described as follows: o t a ry Public Beginning at the Northwest corner of the Northwest Quar- ter of said Southeast Quarter; thence East 210 feet along the North line of said Northwest Quarter of Southeast Quarter; thence South parallel to the Received of West line n10of side Southwest Quarter Southeasterly 261.64 feet along a curve concave Northeasterly, having a radius of 576 a2 feet the sum ofDollars and a long chord of N 12 53'08" W,259.40 feet to a point on the in full for publication of the above invoice. South line of said Northwest I Quarter of the Southeast Quar- ter'which is 268.35 feet Easterly from the Southwest corner of said Northwest Quarter of the Southeast Quarter; thence Notary Seal : along theWest li ne ne said thence North Southeast Quarter 1322.37 feet to the point of beginning. And except Those,parts thereof conveyed to Black Hawk County,Iowa in DEBp B�1U Kl� 119 LD 73 and to the City of Wa- I `. U C D�i ARBUCKLE U C K L terloo,Iowa,in 536 LD 913,549 COMMISSION NO. 174858 LD910,552LD474 and 552LD 478,all in the City of Waterloo, 4 MY CON�✓IISSiQN EXIIAES 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, City Hall,'Waterloo, Iowa, be- fore the date set for said hear- ing. By order of the Council of the City of Waterloo this 18th day of February,2008. Nancy Eckert,CMC City Clerk 70q CITY OF WATERLOO, IOWA COUNCIL RECORD 4 . This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. _15 / 1,,) that the hearing be closed and recommendation of approval of Planning, Programming and Zon Commission a be received and placed on file. Ayes: Motion carrie AYES NAYS ABSENT ABSTAIN MS. COLE MR. GETTY MR. HART MR. GREENWOOD MR. STEVE SCHMITT MR. WELPER MR. REGGIE SCHMITT (D la. (D n PO 0 (D (D `�' ` txi txi O d t=i M to 1-+ p A 'L II rh cD gr IA 1 i O w rt _ p H t 0 I-, fa. m � 0 n ti r• is'. m „b PdHH5. Ny q s i H 0. k '' OHt' a al pH Z r K M ate-. ' s / H Z H 0 W 0 to Iv ' Z O a ri se. r ; _ r� � :r. 1 i '1 glib, F rr 4 • r1 tv ♦ — 0 0 p Ill ro � t a / (e. 7° 5 CITY OF WATERLOO, IOWA COUNCIL RECORD 4 . 5-3 / f4} that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance by adding Subsection No. 396 to Section 2A-5, Rezoning Certain Property" , be re9e. ed, e on file, considered and passed for the first time. Ayes: . C Motion Carrie . AYES NAYS ABSENT ABSTAIN MS . COLE MR. GETTY / MR. HART �// MR. GREENWOOD 1 MR. STEVE SCHMITT L� MR. WELPER MR. REGGIE SCHMITT r • ro H CI 0 (D H 0 n (D rt j LI. V O H t O 4# I-, a (D cr 0 n n N t () , ,d H 0 II H ra oC � w � itO n(D (D CD 1 ' trl Pc, a l z yzo ft o , ` yiR� 9' H `` �` H O 9' , O H 7 H Z z H w .. ` ._ 0 r IN '• a -- • ► ` ow - f 0Pt! Ikh in w r . r �� NI ct � 9' N -. II , M (D '5 a PA CITY OF WATERLOO, IOWA COUNCIL RECORD 4 . 95 / that rules requiring ordinances to be cons' an d for passage at two prior meetings be suspended. Ayes: otion carried. AYES NAYS ABSENT ABSTAIN MS. COLE [/ MR. GETTY MR. HART v MR. GREENWOOD MR. STEVE SCHMITT MR. WELPER MR. REGGIE SCHMITT Pi 'li CJ 0 hi :a 4 b C1 �' n M N• (D H b 0 0 M to- _. g i ,� b y b n to N 0 P ti n N r - Li. *�. o H r o G Q• ¢, N 0 n p H m • x H s, 0 II 4 4 y Ho H yn' •, In rr ct a tzl s 0 w `� i• Ibt �. ►. z y 0 P. ct M t� ►.`R ►` H Z H W 0 �' o H z .. z o er 0 W � r �► Z in r 0. fD I „�, h7 ib. \r. _ , °2. c- 707 CITY OF WATERLOO, IOWA COUNCIL RECORD 4 . 5S / (A) that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance by adding Subsection No. 396 to Section 2A-5, Rezoning Certain Property" , be considered and passed for the second and third times and adopted. Ayes: 1 Ordinance adopted and upon approval by Mayor assigned No. F”AYES NAYS ABSENT ABSTAIN MS . COLE MR. GETTY I/ MR. HART G MR. GREENWOOD MR. STEVE SCHMITT t/ MR. WELPER MR. REGGIE SCHMITT '',1. (V ° '' W , ,. 4 ..._, „, ,I F---: 11 pr, ,.., 0 „., . 0 . • it IA t1:1 n a m c xi a N * no n m cr n r L. o ff H r o Ho 1-1 .1 0,16 y Hi =00rh � i H s 0 , H Z Z W t Q.. .T O H PO ,, R► g Z ! ci, L 0 This Ordinance prepared by Nancy Eckert, City Clerk, 715 Mulberry Street, Waterloo, Iowa. ORDINANCE NO. 4899 ORDINANCE AMENDING ORDINANCE NO. 2479, AS AMENDED, BY ADDING SUBSECTION NO. 396 TO SECTION 2A-5, REZONING CERTAIN PROPERTY. BE IT ORDAINED BY THE 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. 395, of said Section, the following Subsection No. Three Hundred Ninety Six (396) . "396. That part of Section 6-88-13, Waterloo, Black Hawk County, Iowa, described as follows : The East One-half of the Northwest Fractional Quarter of said Section 6, except the West 440 feet thereof. The West One-half of the Northeast Fractional Quarter of said Section 6 . That part of the East One-half of the Northeast Fractional Quarter of said Section 6 lying Northwesterly of the former right of way of the Wisconsin, Iowa and Nebraska Railway Company (later known as Chicago Great Western Rail Road) , except that part thereof conveyed in 538 LD 248 . That part of the North One-half of the Southeast Quarter of said Section 6 lying Northwesterly of the former right of way of the Wisconsin, Iowa and Nebraska Railway Company (later known as Chicago Great Western Rail Road) , except that part thereof described as follows : Beginning at the Northwest corner of the Northwest Quarter of said Southeast Quarter; thence East 210 feet along the North line of said Northwest Quarter of Southeast Quarter; thence South parallel to the West line of said Southwest Quarter 1069 . 56 feet; thence Southeasterly 261 . 64 feet along a curve concave Northeasterly, having a radius of 576. 62 feet and a long chord of N 12°53' 08" W 259. 40 feet to a point on the South line of said Northwest Quarter of the Southeast Quarter which is 268 . 35 feet Easterly from the Southwest corner of said Northwest Quarter of the Southeast Quarter; thence West 268 . 35 feet; thence North along the West line of said Southeast Quarter 1322 . 37 feet to the point of beginning. And except Those parts thereof conveyed to Black Hawk County, Iowa in 119 LD 73 and to the City of Waterloo, Iowa, in 536 LD 913, 549 LD 910, 552 LD 474 and 552 LD 478, all in the City of Waterloo, Black Hawk County, Iowa; now zoned on the Zoning Map of Waterloo, Iowa, as "M-2, P" Planned Industrial District, be and the same is hereby zoned as "B-P" Business Park as above described. Ordinance No. 4899 Page 2 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 3, 2008 PASSED 1st CONSIDERATION: March 3, 2008 PASSED 2nd CONSIDERATION: March 3, 2008 PASSED 3rd CONSIDERATION: March 3, 2008 PASSED AND ADOPTED by the City Council of the City of Waterloo, Iowa, on the 3rd day of March, 2008, and approved by the Mayor on the 5th day of March, 2008 . A:7 Tim Hurley, Mayor ATTEST: Nancy Ecke , CMC City Cler CERTIFICATE I, Nancy Eckert, City Clerk of the City of Waterloo, Iowa, do hereby certify that the preceding is a true and complete copy of Ordinance No. 4899 as passed and adopted by the Council of the City of Waterloo, Iowa, on the 3rd day of March, 2008 . Witness my hand and seal of office this 5th day of March, 2008 . (-0.11?-j— SEAL Nancy Ecker CMC City Clerk STATE OF IOWA, ORDIINANCE NO.4899 Black Hawk County ORDINANCE NO 2479,1AS AMENDED,BY ADDING SUB- R SECTION NO.396 TO SEC- TION 2A-5,REZONING CER- I do solemnly swear that the annexed copy of TAINPROPERTY. 1236388 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ORDINANCE NO. 4899 AN ORDINANCE AME WATERLOO,IOWA: Section 1.That Section 2A-5, notice was published in the WATERLOO/CEDAR FALLS COURIER - , of Ordinance No.2479,as amended,be further amended a daily newspaper printed in WATERLOO, by adding aftersubseotionNo. 395,of said Section,the follow- Black Hawk County, Iowa, for 1 issues ingSubsectionNo.ThreeHun- commencing on 03/19/2008 , in the issues of 396.Ninety Six(396). 03/19/2008 That part of Section 6-88-13, Waterloo,Black Hawk County, Iowa,described as follows: of said newspaper, and that the annexed rate of The East One-half of the North- advertising is the regular legal rate of said west west Fractional Quarter of saidSection6,excepttheWest440 newspaper, and that the followingis a correct feet thereof. The West One-half of the North- bill for publishing said notice. west Fractional Quarter of said Section That part of the East One-half of the Northeast Fractional Printer ' s Bill $36 . 11 Quarter of said Section 6 lying Northwesterly of the former right of way of the Wisconsin, Iowa and Nebraska Railway Company(later known as Chi- cago Great Western Rail Road),except that part thereof conveyeThat part in 53 NoD r48. th That of the North One-half of the Southeast Quarter of said Signed Section 6 lying Northwesterly of the former right of way of the Wisconsin,Iowa and Nebraska Railway Company(later known as Chicago Great Western Rail Subscribed and sworn to before me this Road),except that part thereofdescribed as follows:Begin- ning at the Northwest corner of the Northwest Quarter of said //^, // /(� Southeast Quarter;thence East day O f �� L1 l r� lJ 210 feet along the North line of said Northwest Quarter of ,�} Southeast Quarter;thence f' South parallel to the West line of said Southwest Quarter 1069.56 feet;thence South- / easterly 261.64 feet along a /./K curve concave Northeasterly, having a radius of 576.62 feet Notary Public and a long chord of N 12°53'08"1 W 259.40 feet to a point on the 1 South line of said Northwest Quarter of the Southeast Quar- ter which is 268.35 feet Easter- Received O f Easter- ly from the Southwest corner of said Northwest Quarter of the Southeast Quarter;thence West 268.35 feet;thence North along the West line of said the sum of Dollars Southeast Quarter 1322.37 feet to the point of beginning. in full for publication of the above invoice . And except Those parts thereof conveyed to Black Hawk County,Iowa in 119 LD 73 and to the City of Waterloo,Iowa,in 536 LD 913, 549 LD 910,552 LD 474 and Notary Seal : 552 LD 478,all in the City of Waterloo,Black Hawk County, Iowa; now zoned on the Zoning Map of Waterloo,Iowa,as"M-2,P" DEBBIE S. ARBUCKLE Planned Industrial District,be 'and the same is hereby zoned COMMISSION NO. 174858 as"B-P"Business Park as °;ty,'. MY COMM SSION E P-ES above described. ,, Section 2.That the City Clerk be,and she is hereby directed to file a certified copy of this Or- dinance with the Recorder of Black Hawk County,Iowa. INTRODUCED: March 3,2008 PASSED 1st CONSIDERATION: March 3,2008 PASSED 2nd CONSIDERATION:' March 3,2008 PASSED 3rd CONSIDERATION: March 3,2008 PASSED AND ADOPTED by the City Council of the City of Waterloo,Iowa,on the 3rd day of March,2008,and approved by the Mayor on the 5th day of March,2008. Tim Hurley - Mayor ATTEST: Nancy Eckert,CMC City Clerk h 'rN CITY OF WATERLOO , IOWA WATERLOO PLANNING, PROGRAMMING & ZONING COMMISSION 715 Mulberry St. • Waterloo, IA 50703 • (319) 291-4366 Fax (319) 291-4262 erloo A0 DONALD J.TEMEYER • Community Planning&Development Director 3 February 12, 2008 /,,A0,,,,,;2( 3 - 59 , °, Honorable Timothy Hurley, Mayor rim-011-n i. City Council Members IIL� LEY City Hall Waterloo, Iowa COUNCIL RE: Rezone approximately 119-acres from "M-2,P" Planned Industrial District to MEMBERS "B-P" Business Park north of 3250 Greyhound Drive and west of 2015 West Ridgeway Avenue for the development of a business park. REGINALD A. SCHMITT Dear Mayor and Council: Ward 1 Transmitted herewith is the request by Deer Creek Development to rezone approximately CAROLYN 119-acres of land located west of 2015 West Ridgeway Avenue and north of 3250 COLS Greyhound Drive (Former Greyhound Park) for the purpose of establishing a business Ward' park development. In recent years, this particular area has seen additional interest from HAROLD potential developers, but the current property owner has noted that with the "M-2,P" CETI zoning designation, some developers have had concerns with the area being zoned for I""rd' industrial development. Rezoning the land to "B-P" would allow for professional offices, QLTE\U1N NI. commercial, and light industrial development, all of which are permitted in the "M-2,P" HART district. The "B-P" zoning designation would not allow for heavier type industrial uses, Ward 4 which are only allowed in the "M-2" and"M-2,P" zoning districts. RON WEEPER' It should be noted that the proposed rezone area does meet the intent of the Future Land Ward 5 Use Map for this area as industrial, however, it may be beneficial to amend the Future Land Use Map at some point in the future to reflect this area as Business Park. BOB GREENWOOD At-Large Please find an attached staff report, aerial photo, and legal description of the site. At the February 5,2008 meeting, the Planning and Zoning Commission unanimously STF..N'1= recommended approval of the request. SCH MIT I At-La,• Therefore, we would ask that the City Council set a date of public hearing on the rezoning request and publish an official notice pertinent to the requested rezoning. If you have any questions or need any additional information on this matter, please contact our office. If you have any questions, please do not hesitate to contact our office. Sincerely, Noel An erson, City Planner Attachments cc: Don Temeyer,Director(€ iTt IC jeIRRKW4i tfErloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer February 5,2008 13 REQUEST: Request to rezone approximately 119 acres of property north of 3250 Greyhound Drive and west of 2015 West Ridgeway Avenue from "M-2,P" Planned Industrial District to "B-P" Business Park. APPLICANT: Deer Creek Development, LLC, 643 East Griffith Road, Waterloo, IA 50701 GENERAL The applicant is requesting to rezone approximately 119 acres of DESCRIPTION: property located near the former Greyhound Park between Highway 63 and the Black Hawk Creek Greenbelt for the purpose of establishing a business park center with compatible light industrial uses. IMPACT ON The proposed rezoning would coincide with already existing NEIGHBORHOOD & development and proposed land uses in the vicinity, as currently, SURROUNDING there is nearby light industrial uses such as Denso and Fahr LAND USE: Beverage, as well as light industrial and commercial uses beginning to develop along Marnie Avenue. VEHICULAR & The proposed rezone area is served by Highway 63 from the north PEDESTRIAN and south, which is classified as a Principal Arterial, and has TRAFFIC access to Highway 20 through the nearby interchange south of the CONDITIONS: area. West Ridgeway Avenue also serves the area from the east and west, and is classified as a Minor Arterial. Greyhound Drive travels through the middle of the rezone area, and is classified as a Local Street. As further development occurs in the proposed rezone area, streets will be platted and extended as needed. The IDOT granted an additional access point to Highway 63 through Cyclone Drive, directly south of 2015 West Ridgeway Avenue, and currently that intersection has been constructed. RELATIONSHIP TO The Sergeant Road Trail abuts the eastern portion of the property, RECREATIONAL and connects to the Cedar Prairie Trail and Shaulis Road Trail to TRAIL PLAN: the south, as well as connecting to multiple trails to the north in downtown Waterloo. ZONING HISTORY The proposed rezone area is zoned "M-2,P" Planned Industrial FOR SITE AND District, and has been zoned as such since the adoption of the IMMEDIATE VICINITY: Zoning Ordinance in 1969. Property to the east of Highway 63 along Marnie Avenue is zoned "M-1" Light Industrial. Property to the west of the proposed rezone area is zoned "A-1"Agricultural District. DEVELOPMENT In recent years, this particular area has seen additional interest HISTORY: from potential developers, and as recent as last year, Mauer Eye Center and Divine Spa has begun work on a new 25,000 SF building at the southwest corner of West Ridgeway Avenue and Cyclone Drive, and there are plans to construct a 45,000 SF Gold's Gym directly to the south of that building as additional development occurs in the area. BUFFERS/ As with the "M-2,P" zoning designation, the "B-P" zoning SCREENING designation requires that new developments submit and execute a landscaping plan. Additional screening and buffering does not 2.5.08 Rezone M2P to BP-Deer Creek Dev. Page 1 of 3 February 5,2008 14 REQUIRED: appear to be needed, as there is no abutting residentially zoned land in the area. The nearby Black Hawk Creek greenbelt also provides additional natural greenspace. DRAINAGE: The Black Hawk Creek drainage basin is located west of the proposed rezone area. Additional development in the area will still be required to create a water detention area to capture additional water runoff. FLOODPLAIN: Western portions of the proposed rezone area are included in both the 100-year and 500-year floodplains, and any development occurring within the floodplain would have to meet the minimum floodplain standards. PUBLIC /OPEN There are no schools located in the nearby vicinity. However, with SPACES/ SCHOOLS: the close proximity of the Black Hawk Creek greenbelt, the greenbelt can coincide with anticipated development in the area by providing for additional greenspace and creating a more natural setting for commercial and office development. UTILITIES: WATER, SANITARY SEWER, Water, sanitary sewer, storm sewer and overhead electric currently STORM SEWER ETC. serve the proposed rezone area, and will be extended through the area as it is platted and developed. RELATIONSHIP TO The Future Land Use Map designates this area as Industrial, which COMPREHENSIVE would allow for both commercial and light industrial uses, both of LAND USE PLAN: which are permitted uses in the "B-P" Business Park zoning district. STAFF ANALYSIS — The proposed rezone would encompass approximately 119 acres ZONING of land near the former Greyhound Park. The proposed rezone ORDINANCE: area would fit the intent of the Future Land Use Map for this area as industrial. However, the Future Land Use Map lists this as Industrial, and the "B-P" Business Park zoning designation does allow for commercial and light-industrial uses, both of which are permitted in the "M-2,P" Planned Industrial District, and it may be beneficial to amend the Future Land Use Map for this area as Business Park. The applicant has also noted that rezoning the property to "B-P" would be a better marketing tool for the property, as in the past, potential developers have noted they have concerns with the area in question being zoned for industrial development. STAFF ANALYSIS — SUBDIVISION Currently, this area has received some new plats in recent years, ORDINANCE: and as future plats are submitted for this area, they will be required to meet the guidelines of the Subdivision Ordinance. At the Technical Review Committee meeting, the Engineering Department noted that a recently completed portion of Titan Trail and Cyclone Drive on the eastern portion of the site has not had right-of-way officially dedicated, and noted that once a plat is received for that area, the right-of-way would need to be dedicated 2.5.08 Rezone M2P to BP-Deer Creek Dev. Page 2 of 3 February 5,2008 15 as apart of that request. STAFF Therefore, staff recommends that the request for rezoning be RECOMMENDATION: approved for the following reasons: 1. The site would appear to allow for compatible design to the surrounding developments, including the light industrial development on the east side of Highway 63 and north of Ridgeway Avenue. 2. The site in questions would appear to provide sufficient space to meet all required regulations including setbacks, drainage, landscaping, screening, etc. 3. The proposed rezone area is in conformance with the Comprehensive Plan, allowing for infill development in the Primary Growth Area. 4. The proposed rezone area meets the intent of the Future Land Use Map for this area as Industrial, which would allow for commercial, office and light industrial development. However, it may be beneficial to amend the Future Land Use Map at some point in the future to reflect it as Business Park. 2.5.08 Rezone M2P to BP-Deer Creek Dev. Page 3 of 3 • ` Request to Rezone Property North of 3250 Greyhound Dr and West of 2015 West Ridgeway Ave from "M-2, P" .x to "B-P" for the Development of a Business Park ,- 4. . $ E t r ---- _ L ' . _ , ....„,,,,..-„,,,,, - - air ,.__., -- W Ridgeway Ave 116.4,0.,,Pkg .201.... ifte40104t,er'"", 41111r4r 4 Pir r r r MO A 40 Athens.Dr li = UBC -2015W.' , ca Ridgeway Ave 1— n' Area Requested to be Rezoned 4 Nirair Agell 110,0070,,A0yor 1,, 10:410p, r. CLC/0 11 '- 10 _ 1- , ,,,..: rtigl -'--- '",) .1 4 g �3. *NI .. „. rr, J Former Greyhound Park 3250 Greyhound Dr Jo I -A. it •S N , 500 250 0 500 - Feet ..., � ''ig' �: .. b �'� WI tea 17 APPLICATION FOR REZONING CITY OF WATERLOO PLANNING, PROGRAMMING, AND ZONING COMMISSION WATERLOO, IOWA 319.291.4366 l. APPLICATION INFORMATION: a. Applicant's name(please print): Deer'Grec-K, \,r (o i'\-.e Address: t. (ri t/-1 ► A Phone: 3 -Z(v`i- 0 g- ( tax: City: Wct-fc r100 State: la W c- Zip: CY 70( b. Status of applicant: (a)Owner K (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: SoLA a-c Rvci sjc7 //tit �5+ cf f/ 3 +v L�rte"-V)e,0" 1)(1( b. Legal description of property to be rezoned: c. Dimensions of Proposed Zoning Boundary(Excluding Right of Way): d. Area of Proposed Zoning Bound (Excluding Right of Way): e. Current zoning: 'SW V Requested zoning: R f. Reason(s)c� for rezoning and proposed use(s) of property: g'nrs,t�`lf-P lnUr-e r L'e rcv e cc! loll,e rv►r '4 g. Conditions(if any)agreed to: h. Other pertinent information (use reverse side if necessary): Please Note: If applicant is not the owner of the property, the signature of the owner must be secured. If it is the intent to subdivide (split) any land, vacant or improved in conjunction with this request it must go through a platting process(separate from rezone request). The filing fee of$200 + $10 per acre ($750 max) (payable to the City of Waterloo) is required (round amount down to nearest$10 increment). This fee is non-refundable. Under no condition shall said sum or any part thereof be refunded for failure of said amendment to be enacted into law. Any major change in any of the information given will require that the request go back through the process, with a new filing fee. If the request is denied no new petition covering the same or portion of the same property shall be filed with or considered by the Planning,Programming,and Zoning Commission until four (4) months have elapsed from the date of denial by the Waterloo City Council. The undersigned certify under oath and under the penalties of perjury 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. N" /— -©6 ;tom i ay. ± L l-ate?-G6 Signature of Ap cant Date Signature of Owner I f� Date /Ja/AQ 18 N of 3250 Greyhound Dr — Deer Creek Development Rezone M-2,P to B-P s a Standing on Greyhound Drive looking west Standing on Greyhound Drive looking at the site of the proposed Mauer Eye east. Highway 63 is visible in the Center and Divine Spa and Gold's Gym. background. :tea Standing on Greyhound Drive looking Standing on W Ridgeway Avenue south at the former Greyhound Park at looking south at the UBC facility at 2015 3250 Greyhound Drive, located just W Ridgeway Avenue, located just east of south of the area proposed to be rezoned. the area proposed to be rezoned. 01/25/2008 14: 03 3192322413 PAGE 02/03 (Harold Youngblut) Rezoning Description.; That part of Section 6-88-13, Waterloo, Black Hawk County, Iowa, described as follows: The East One-half of the Northwest Fractional Quarter of said Section 6, except the • West 440 feet thereof. The West One-half of the Northeast Fractional Quarter of said Section 6. That part of the East One-half of the Northeast Fractional Quarter of said Section 6 lying Northwesterly of the former right of way of the Wisconsin, Iowa and Nebraska Railway Company (later known as Chicago Great Western Rail Road), except that part thereof conveyed in 538 LD 248. That part of the North One-half of the Southeast Quarter of said Section 6 lying Northwesterly of the former right of way of the Wisconsin, Iowa and Nebraska Railway Company (later known as Chicago Great Western Rail Road), except that part thereof described as follows: Beginning at the Northwest corner of the Northwest Quarter of said Southeast Quarter; thence East 210 feet along the North line of said Northwest Quarter of Southeast Quarter; thence South parallel to the West line of said Southwest Quarter 1069.56 feet; thence Southeasterly 261.64 feet along a curve concave Northeasterly, having a radius of 576.62 feet and a long chord of N 12°53'08" W 259.40 feet to a point on the South line of said Northwest Quarter of the Southeast Quarter which is 268.35 feet Easterly from the Southwest corner of said Northwest Quarter of the Southeast Quarter; thence West 268.35 feet; thence North along the West line of said Southeast Quarter 1322.37 feet to the point of beginning. and except Those parts thereof conveyed to Black Hawk County, Iowa in 119 LD 73 and to the City of Waterloo, Iowa, in 536 LD 913, 549 LD 910, 552 LD 474 and 552 LD 478. MSWord.YoungblutRozoningLg,1,25.08 4d-(;76 CITY OF WATERLOO, IOWA COUNCIL RECORD PETITIONS FROM PUBLIC 5. that communication from Senior Planner transmitting request of Mike Reimer for a minor site plan amendment to the "R-3,R-P" Planned Residence District for property generally located at the northwest corner of Hummingbird Circle and Sarah Drive, directly south of Wal-Mart and Hy-Vee grocery store, be received, placed Qn file and "Resolution approving said minor site plan amendment" , be adopted. Ayes: Resolution adopted and upon approval by Mayor assigned No. 2008/ AYES 7 NAYS ABSENT ABSTAIN MS. COLE (// --N MR. GETTY MR. HART (/ MR. GREENWOOD MR. STEVE SCHMITT MR. WELPER l/ MR. REGGIE SCHMITT PI tt Cl 0 ,D' '=J 7d x En ►, Cri O b C=] 1 0 m ►r-+• 0 w b ll Ilt i M, t. b H ro n u. ( r O H t' 0 it z a a m C �� n 0• 0 r w� ��, H H (H] N• a ma (1 ( w cr a Z n H _4 o x a o 7 ••_: ' ' e H 0d f p o It 4. H Z 'N... o W 1 ' Oz H w z Ock 11. Pli 0 A k 4- r n `- Ef Jib, I o ' rn This Resolution prepared by Nancy Eckert, City Clerk, 715 Mulberry Street, Waterloo, Iowa. RESOLUTION NO. 2008-162 RESOLUTION APPROVING MINOR SITE PLAN AMENDMENT TO THE "R-3, R-P" PLANNED RESIDENCE DISTRICT FOR PROPERTY GENERALLY LOCATED AT THE NORTHWEST CORNER OF HUMMINGBIRD CIRCLE AND SARAH DRIVE, DIRECTLY SOUTH OF WAL-MART AND HY-VEE GROCERY STORE. WHEREAS, it has been proposed that the Council of the City of Waterloo, Iowa, approve a minor Site Plan Amendment to the "R- 3, R-P" Planned Residence District for property generally located at the northwest corner of Hummingbird Circle and Sarah Drive, directly south of Wal-Mart and Hy-Vee grocery store, legally described as follows : Crossroads Estates Replat No. 2, Tract 1, all in the City of Waterloo, Black Hawk County, Iowa. WHEREAS, due to the insignificant nature of said minor Site Plan Amendment, the Council did not deem it necessary to hold a public hearing, and WHEREAS, it is the opinion of this Council that said minor Site Plan Amendment should be approved as proposed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, that the minor Site Plan Amendment to the "R-3, R-P" Planned Residence District for property generally located at the northwest corner of Hummingbird Circle and Sarah Drive, directly south of Wal-Mart and Hy-Vee grocery store, be and the same is hereby approved. PASSED AND ADOPTED this 3rd day of March, 2008 , and approved by the Mayor this 5th day of March, 2008 . Tim Hurley ayor ATTEST: Nancy Ecke , CMC City Cler CERTIFICATE I, Nancy Eckert, City Clerk of the City of Waterloo, Iowa, do hereby certify that the preceding is a true and complete copy of Resolution No. 2008-162, as passed and adopted by the Council of the City of Waterloo, Iowa, on the 3rd day of March, 2008 . Witness my hand and seal of office this 5th day of March, SEAL C Nancy Eck , CMC City Cler %Milk F4R, 114, , CITY OF WATERLOO , IOWA T�ity WATERLOO PLANNING, PROGRAMMING & ZONING COMMISSION 715 Mulberry St. • Waterloo, IA 50703 • (319) 291-4366 Fax (319) 291-4262 'er100 ' DONALD J.TEMEYER • Community Planning&Development Director February 26, 2008 Alayor Honorable Timothy J. Hurley, Mayor TIMOTHY J. City Council Members HURLEY City Hall Waterloo, Iowa COUNCIL N IUMBERS Dear Mayor and Council: Transmitted herewith is the request by Mike Reimer for a minor amendment to the "R-3,R- REGINALD A. P" Planned Residence District for the development of the site. The site is generally located CHMIT T at the northwest corner of Hummingbird Circle and Sarah Drive, directly south of Wal- Mart and Hy-Vee grocery store. The area of land is shown on the enclosed aerial CAROLYN photograph and site map. COLE Wail 2 The site is located in a Planned Residence District and is therefore subject to City Council approval for any amendments. As you can see from the attached floor-plan and aerial HAROL"D photo, the applicant is requesting to: GETTY Ward 3 1. Construct 3 twin homes,for a total of 6-units. 2. Eliminate a 4-plex unit and 3-plex unit, which was previously approved by a Site Plan QUENTIN M. Amendment in 1996(Resolution#1996-159). HART Ward 4This would reduce the total number of units from 17 to 16 for the overall parcel of property RON in question if the remaining number of units is constructed as approved by Site Plan WELPER Amendment in 1996. Ward 5 The City of Waterloo Zoning Ordinance No. 2479 Part XIX, Section 2A-43(8b)allows for BOB staff to review a minor plan amendment and recommend the City Council approve such GREENWOOD At-Large amendment without the need for a public hearing or review by the Planning Commission. It is staffs opinion the requested addition meets the criteria for a minor amendment. STEVE SCHMITT We would therefore ask that the City Council approve this minor site plan amendment At-Large without a public hearing as staff believes it meets the criteria of a minor site plan amendment and should be compatible with the existing building and surrounding development. Should you have any questions,please contact our office. Sincerely, A, Aric Schroeder, Senior Planner Cc: Donald J.Temeyer,Community Planning&Development Director Noel Anderson,City Planner --file-- CITY WEBSITE: www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer APPLICATION SITE PLAN AMENDMNET TO� A `R- P" � "M-P", "C-P", "B-P", "S-1" OR "C-Z" DISTRI CITY OF WATERLOO PLANNING, PROGRAMMING, AND ZONING COMMISSION, WATERLOO, IOWA 319.291.4366 New or Overall Amendment Individual Building Minor change A (check one) (Minor Change must be approved by staff) 1. APPLICATION INFORMATION: a. Applicant's name (please print): I1/,� gpme-g... Address: �l � Phone?' J,Z9-9-7 3 Fax: City: (4.1 State: i,.4 Zip: 567e b. Status of applicant: (a) Owner (b) Other k (CHECK ONE): If other explain: CoArre..1 GJj c. Property owner's name if different than above(please print): Address: Phone: Fax: City: State: Zip: 2. PROPERTY INFORMATION: a. General location of site plan to be amended: Ill VO C,e 6a- SA Reki4 b. Legal description of property or portion to be amended: c. Dimensions of proposed site plan amendment: 156 c 3u) d. Area of proposed site plan amendment: 1-140a St e. Current zoning: -3 . f. Reason(s) for site plan amendment and proposed use(s)of property: Ct}.-AN CI g. Conditions if any)agreed to (does not affect existing conditions unless specified): 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 site plan amendment request). The filing fee of$200(for new or overall amendment), $100(for individual Building), r$�, e to the City of Waterloo) is required. This fee is non-refundable. Under no condition sr$0 said sum for orr change)pat thereof 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. Signature of Applicant Date Signature of Owner Date In 7 N-I = i`^ U . t if g t o ? Ord L `� i nor 8 . ii a I N I I •_,„ to .r..1I F. 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G) "'' ; W; 5 ° w '` , afia frt +R Map c mated with Arc IMS Copy rig hifC)1982-1Uft1ESRIInc. ,, z ;0 ,°' 84 4 - IA 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, Waterloo,Iowa 50703-4774 the 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_bllack-hawk_ia.us,org detailed legal information. °http://www2.co.black-hawk.ia.us/servlet/com.esri.esrimap.Esrimap?ServiceName=bhov&... 2/15/2008 CITY OF WATERLOO, IOWA COUNCIL RECORD 6. �j that communication from City Planner transmitting request of Grainger, Inc. on behalf of Leondorf LLC for a site plan amendment to the "B-P" Business Park District to construct a 40, 000 sq. ft. office building, with 20, 000 sq. ft. future expansion, on property generally located at the southeasterly corner of Ansborough Avenue and San Marnan Drive, be received, placed on file and "Resolution setting date of hearing as March 17, 2008, at 5:30 p.m. in the City Hall Council Chambers on the above described request" , be adopted and City Clerk instructed to publish notice of same. Ayes: Resolution adopted and upon approval by Mayor assigned No. 2008- ,lam✓ . AYES NAYS ABSENT ABSTAIN MS. COLE MR. GETTY t/' AMR. HART MR. GREENWOOD MR. STEVE SCHMITT MR. WELPER v7 MR. REGGIE SCHMITT Hr E� o H y b.rr al 6 r z n zza s ar- r. Z la1 lib7, O o a, _ ,,, II- is t a) , �. iriENO 1 i. / b. b.....'!"..- ikolo •.. ml 0 � k� tab 1 3 ri- • N hi 1 This Resolution prepared by Nancy Eckert, City Clerk, 715 Mulberry Street, Waterloo, Iowa. RESOLUTION NO. 2008-163 RESOLUTION FIXING THE TIME AND PLACE OF HEARING AND NOTICE TO BE GIVEN ON THE REQUEST OF GRAINGER, INC. ON BEHALF OF LEONDORF LLC FOR A SITE PLAN AMENDMENT TO THE "B-P" BUSINESS PARK DISTRICT FOR PROPERTY GENERALLY LOCATED AT THE SOUTHEAST CORNER OF ANSBOROUGH AVENUE AND SAN MARNAN DRIVE, AS MARCH 17, 2008, AT 5 : 30 P.M. IN THE COUNCIL CHAMBERS AND INSTRUCTING CITY CLERK TO PUBLISH NOTICE OF HEARING. WHEREAS, the Council of the City of Waterloo, Iowa, shall meet in the Council Chambers in the City Hall in the City of Waterloo, Iowa, at 5 : 30 p.m. on the 17th day of March, 2008, for the purpose of considering the request of Grainger, Inc. on behalf of Leondorf LLC for a site plan amendment to the "B-P" Business Park District for property generally located at the southeast corner of Ansborough Avenue and San Marnan Drive, for construction of a 40, 000 square foot office building, with 20, 000 square foot future expansion, and legally described as follows : Lot 1 Country Club Business Center Second Addition, City of Waterloo, Black Hawk County, State of Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the City Clerk is hereby directed to publish notice of the time and place of said hearing in the Waterloo Courier. PASSED AND ADOPTED this 3rd day of March, 2008 . iI�'m Hurley, M or ATTEST: Nancy Eck , CMC City Cler _o@ Elk ��y CITY OF WATER /W4Atig�� ,M WATERLOO PLANNING, PROGRAMMING & ZONING COMMISSION 7. `"M�1 715 Mulberry St. • Waterloo, IA 50703 • (319) 291-4366 Fax (319) 291-4262 �'erIoo �� DONALD J.TEMEYER • Community Planning&Development Director 11;‘1Ariv..) 5-- / — CAP Mayor � IIMOTHY J. February 29, 2008 HURLEY Honorable Tim Hurley, Mayor City Council Members COUNCIL City Hall MEMBERS Waterloo, Iowa REGINALD A. Dear Mayor and Council: SCHMITT Ward I Transmitted herein you will find a request for site plan amendment for the Country CAROLYN Club Business Center development, located at the southeasterly corner of COLE Ansborough Avenue and San Marnan Drive, located within a "B-P" Business Park Ward 2 District. Please see the attached lot designation. HAROLD GETTI" Back in 2004, the City Council approved the rezoning of this land and a larger Word 3 area of over 300 acres for a business park setting. Since that rezoning, the Ansborough Avenue Interchange has been finished, VGM has expanded their QUENHARTTI:N M. office complex, and new offices have been built in the Tower Park area, including Want 4 the extension of Winn Street. The Country Club Business Center would be the next phase in the continued development of this area, with two previous buildings RON approved by City Council, Financial Resource Advisors and Liberty Bank, and will WEEPER ward work to connect the Ansborough Avenue Interchange area to the Tower Park office complex area. BOB GREENWOOD The submitted site plan shows a 40,000 sq. ft. building on a 7.18-acre lot. The layout will allow for another 20,000 sq. ft. expansion in the future. Two entrances STEVE are shown onto Fisher Drive for the development, and the submitted site plan SCHMITT would appear to meet applicable regulations including setbacks, parking, etc. At-Lune The drainage for the site will be within a shared drainage system for the business park, creating a pond amenity. The Zoning Ordinance requires that the site development be reviewed by the Planning Commission and then approved by City Council for development within the Business Park District. The proposed office use as shown would be in conformance with the underlying district classifications. This would be the third development in the rapidly developing business park. The previous overall development plan also showed potential development of a hotel, restaurant, and convenience store. Therefore, we would ask that the City Council set a date of public hearing and publish an official notice pertinent to the request to amend the existing site development plan as described above. Should you have any questions, please contact our office. CITY WEBSITE: www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Graingersiteplan.BPamnd/29-Feb-08 i Sincere. Noel Anderson City Planner Cc: Donald J. Temeyer, Community Planning & Development Director Graingersiteplan.BPamnd/29-Feb-08 Legal Description Lot 1 Country Club Business Center Second Addition, City of Waterloo, Black Hawk County, State of Iowa. Graingersiteplan BPamnd/29-Feb-08 40 March 4,2008 REQUEST: REQUEST BY GRAINGER, INC. ON THE BEHALF OF LEONDORF LLC FOR SITE PLAN AMENDMENT TO THE "B-P" BUSINESS PARK DISTRICT. APPLICANT(S): Leondorf LLC, 209 Washington Street, Denver, IA 50622 GENERAL The request is for a site plan amendment to construct a 42,000 DESCRIPTION: SF office building with a 20,000 SF future addition along Fisher Drive just east of Ansborough Avenue in the Country Club Business Center Second Addition. IMPACT ON The request would not appear to have a negative impact on NEIGHBORHOOD & the surrounding area and would be compatible to the already SURROUNDING existing professional office development in the area. LAND USE: North — Country Club Business Center Addition zoned "C-P" Planned Commercial District, and "R-4,R-P" Planned Residence District. South — Highway 20, and additional vacant farm ground zoned "B-P" Business Park. East—Vacant farm ground zoned "B-P" Business Park, and "R-4,R-P" Planned Residence District. West— Country Club Business Center Addition zoned "B-P" Business Park, and VGM Office Complex zoned "C-2,C-Z" Conditional Zoning. VEHICULAR & The proposed site plan amendment would not appear to have PEDESTRIAN a negative impact on the surrounding traffic conditions in the TRAFFIC area. CONDITIONS: Access to the site would be gained through Fisher Drive, which is classified as a Local Street. The site will also be served by Ansborough Avenue and San Marnan Drive, both of which are classified as Minor Arterials, and Highway 20, which is classified as a Principal Arterial. RELATIONSHIP TO There are plans for a recreational trail to be placed on the RECREATIONAL south side of Fisher Drive directly in front of the proposed new TRAIL PLAN: office building, and the trail will be extended as further development occurs to the east. ZONING HISTORY In February 2004, the City of Waterloo rezoned areas between FOR SITE AND West 4th Street and Kimball Avenue along San Marnan Drive, IMMEDIATE VICINITY: as well as areas south of Highway 20 to "B-P" Business Park District, "C-P" Planned Commercial District, and "R-4,R-P" Planned Residence District for the purpose of developing additional professional office, light commercial and light industrial development. BUFFERS The proposed request does fall within the boundaries of the REQUIRED/ NEEDED: Highway 20 Corridor Overlay District, which has additional landscaping requirements, including required screening from Highway 20. 3.4.08—SPA 42,000SF Grainger Office Bldg Page 1 of 3 41 March 4,2008 DRAINAGE: The provided Grading and Erosion Plan show the site sloping from the southeast to the northeast, with water eventually being channeled into the retention pond in Lot 6 of Country Club Business Center Addition. DEVELOPMENT In October of 2006, the Ansborough Avenue and Highway 20 HISTORY: interchange was opened, opening up additional ground in southern Waterloo for new development. VGM has recently completed a 40,000 SF office building expansion, and Liberty Bank is planning to build a new facility to the north of the planned Grainger Inc. expansion. The Country Club Business Center Additional calls for professional office development, light commercial and light industrial uses, as well as sit-down restaurant development. FLOODPLAIN: No portion of the area in question is located in the floodplain. PUBLIC /OPEN There are no nearby parks or public open spaces. Lou Henry SPACES/ SCHOOLS: Elementary School and Hoover Middle School are located approximately 1 mile to the north and east of the location off of Rachael Street. UTILITIES: WATER, SANITARY SEWER, The proposed new office building will be served by the STORM SEWER, ETC. extensions of existing water, gas, electric, sanitary sewer, and storm sewer in the area. RELATIONSHIP TO COMPREHENSIVE The Future Land Use Map and Comprehensive Plan LAND USE PLAN: designates this area as Business Park, which allows for professional offices, commercial and compatible light industrial development. The request is in conformance with the Comprehensive Plan. STAFF ANALYSIS — The site plan amendment consists of 1 building with an initial ZONING square footage of 42,000 SF, with a 20,000 SF future addition ORDINANCE: to face Fisher Drive. The proposed 42,000 SF office building will be a LEED (Leadership in Energy and Environmental Design) building, a "green", environmentally sensative building. Plans for a 20,000 SF addition would also incorporate LEED standards and certifications. The proposed siding material for the new building is anticipated to be brick and glass. The submitted site plan shows the location of the proposed 42,000 SF office building, as well as 321 parking stalls, with a an additional 167 parking stalls to be constructed once the 20,000 SF addition is added to the site. Grainger officials have noted that they have been in Waterloo for 14 years, and are looking to expand employment in the area, and anticipate there will be approximately 200 employees working at the proposed 42,000 SF office/call center/support center, with more employees anticipate once the 20,000 SF addition is added. 3.4.08—SPA 42,000SF Grainger Office Bldg Page 2 of 3 42 March 4,2008 A landscaping plan will need to be submitted prior to issuance of a building permit to insure that the required landscaping requirements are met for the project. STAFF ANALYSIS — SUBDIVISION The proposed office building is being planned for an area that ORDINANCE: has not yet been platted. However, Country Club Business Center Second Addition has been submitted, and the new building will be built on Lot 1 of that subdivision. STAFF Therefore, staff recommends that the request for site plan RECOMMENDATION: amendment in the "B-P" Business Park District be approved for the following reasons: 1. The proposed use is consistent with the Future Land Use Map for this area as Business Park. 2. The request is located within the Primary Growth Area according to the City of Waterloo Comprehensive Plan. 3. The proposed use and design would not appear to have a negative impact on the area and would appear to be compatible to existing development in the area. 4. The request would provide additional employment opportunities to the area, and would provide for additional growth and tax base. And subject to the following conditions: 1. That the final site plan meets all applicable city codes, regulations, etc. including, but not limited to, parking, landscaping, drainage, etc. 3.4.08—SPA 42,000SF Grainger Office Bldg Page 3 of 3 Request for Site Plan Amendment in the "B-P" Business Park District Located Within the Country Club Business Center i` for the Development of a New Office Building N17, .444 s RP! : :1.004 kr% ,.. im . a.-,,,.. 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I°rs �;�� t< € tit tfi! >> l,�13 i iR� iiei'- i : � ;� 9 ljtjii�Y I � t* ! stix , i.{ttftt t , ajj! ,,! , [tail Ttii ,', t: t$`t %$ '.6 i •{ i �t.£!t # I: Si it fT tt t! tT t t� j rfl IS ! r3 f c 3 j . i zi T RT it "i , ii f �r .,� Sr' "•Ci 1 , `I1= v a 0 ' FINAL PLAT COUNTRY CLUB BUSINESS CENTER4SHtVE'HATTERY ADDITION TO WATERLOO, IA �.• . Scomingeora i.•�.,,ra„a s°' J _ APPLICATION SITE PLAN AMENDMENT TO A "R-P", "M-P", "C-P", "B-P", "S-I" OR "C-Z" DISTRICT 48 CITY OF WATERLOO PLANNING, PROGRAMMING, AND ZONING COMMISSION, WATERLOO, IOWA 319.29 1.4366 New or Overall Amendment Individual Building. X_ Minor change (check one)(Minor Change rmist he approved by staff) I. APPLICATION INFORMATION: a. Applicant's name(please print): W.W.Grainger, Inc. Attu: Craig Kozak Address: _100 Grainger Parkway Phone: 847-535-0601 Fax: 847-5 35-9042__ City: Lake Forest State: II. Zip: 60045 b. Status of applicant: (a)Owner (b)Other_X (CHECK ONE): If other explain: _ Applicant is currently in contract negotiation to purchase the property from the owner. c. Property owner's name if different than above(please print): Leondorf LLC Ann: Gene Leonhart_ _ Address: 209 Washington Street Phone:_319-232-5400 Fax: City: Denver State: IA Zip: 50266 2. PROPERTY INFORMATION: a. General location of site plan to be amended:_Country Club Business Center SecondAddition located at the southeast corner of West San Marnan Drive and Ansborough Avenue. b. Legal description of property or portion to be amended: See attached plat with legal description c. Dimensions of proposed site plan amendment:_ Site measure approx. 1092' x 350' and is irregular in shape. d. Area of proposed site plan amendment: 10.28 acres is bein_ affected b the elan amendment of which applicant is contracting to purchase 7.18 acres(312.760 sq.ft.)from the owner. e. Current zoning:___B-P f. Reason(s) for site plan amendment and proposed use(s) of property: This is a request for amendment of the BP District being submitted by W.W. Grainger, Inc. (applicant) on behalf of Leondorf LLC (property owner). The property owner is submitting a replat to create the single 7.18 acre parcel that the applicant is in the process of purchasing_ The applicant intends to construct a single story office building for its own use as a call center and service support center for the applicant's business. g. Conditions(if any)agreed to(does not affect existing conditions unless specified): h. Other pertinent information (use reverse side if necessary):_The new single story building will be 40,000 to 42,000 sq.ft. in size with space alotted on the site for a future 20,000 sq.ft. addition. 345 parking spaces will be constructed initially with space alotted on the site to construct 160 future parking spaces for a maximum total of 505 parking spaces. 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 site plan amendment request). The filing fee of$200(for new or overall amendment),$100(for individual Building),or$0(for minor change)(payable to the City of Waterloo)is required. 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. 3/.2 7/CS Si o Date Signature of Owner Date 49 Fisher Dr E of Ansborough — Grainger Office Complex B-P Site Plan Amendment Standing along Highway 20 on the Standing along Highway 20 on the Ansborough Ave off-ramp looking Ansborough Ave off-ramp looking north at northwest at the area of the proposed office the area of the proposed office complex. complex. Standing along Highway 20 on the Ansborough Ave off-ramp looking east at vacant ground and Tower Park in the background. / 9- 61/° CITY OF WATERLOO, IOWA COUNCIL RECORD DOCUMENTS �. — I/ / L that communication from Police Chief transmitting Letter of Agreement with Pathways Behavioral Services, Inc. for a grant in the amount of $2, 500.00, with no required match, for enforcement of underage drinking laws, be received, placed on file and "Resolution approving said letter of greement" , be adopted and Mayor and City Clerk authorized to execute same. Ayes: . Resolution adopted and upon approval by Mayor assigned No. 2008-/ / `7' . AYES NAYS ABSENT ABSTAIN MS. COLE 1/ MR. GETTY / MR. HART (/ MR. GREENWOOD MR. STEVE SCHMITT J// MR. WELPER MR. REGGIE SCHMITT PI 'TJ C7 0 y id + ' '' .' �%1�i Pd O b 7d to N p a ro n rn (D s. - 0 (D �• 0 n (D rt .71111117. Li• 0 H r 0 4# I-I a (D cr 0 (] ri N. (D aj Pci H H O a (D C 0' ►'i 0 * lw 0 H HO H o I _�6 °z H j +l ... 0 t i ` r ii 0 N r _ 0 ti 0 ' p O i �"""„ (D M� a This Resolution prepared by Nancy Eckert, City Clerk, 715 Mulberry Street, Waterloo, Iowa. RESOLUTION NO. 2008-164 RESOLUTION APPROVING LETTER OF AGREEMENT WITH PATHWAYS BEHAVIORAL SERVICES, INC. AND DIRECTING EXECUTION OF SAID LETTER OF AGREEMENT BY MAYOR. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Letter of Agreement dated March 3, 2008, for a grant in the amount of $2, 500 . 00, with no required match, for enforcement of underage drinking laws, by and between Pathways Behavioral Services, Inc. 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 3rd day of March, 2008 . iT Y,e M r ATTEST: Nancy Ecker CMC City Clerk r- CITY OF WATERLOO , IOWA Torr.-yr, WATERLOO POLICE DEPARTMENT ~ ~S�m 715 Mulberry Street • Waterloo, IA 50703 • (319) 291-4339 Fax (319) 291-4332 %WJ00 \0 THOMAS J.JENNINGS • Chief of Police February 25, 2008 Mayor TIMOTHY J. Mayor Timothy Hurley HURLEY City Council Members Dear Mayor Hurley and Council Members: COUNCIL MEMBERS The Waterloo Police Department has been awarded $2500.00 for the enforcement of underage drinking laws (EUDL). A copy of the agreement REGINALD A. between Pathways Behavioral Services, Inc. and the Waterloo Police SCHMITT Department is attached. There are no matching funds required for this Ward 1 award. CAROLYN COLE Funds will be used for officer overtime and informant costs in order for Ward` officers to complete compliance checks on businesses in Waterloo. The HAROLD term of this Agreement shall be October 1, 2007 through September 30, GETTY 2008. Ward 3 QUENTINhi. I request that the City Council adopt a resolution authorizing acceptance HART of this award, allowing me to sign the Agreement as Waterloo Police Ward 4 Department Chief. Mr. James Walsh, City Attorney, has reviewed and approved this document. RON WEEPER I Ward 5 Thank you for your attention to and consideration of this proposal. BOB Sincerely, GREENWOOD At-Large SIEVES d SCHMiTT Thomas J. Jennings At-Large Chief of Police TJJ:dkk Cc: Michelle Weidner, CFO Nancy Eckert, City Clerk Tim Pillack, Captain Joseph Leibold, Captain Frank Krogh, Sergeant Cheryel Stevenson, Finance File .00ao 4mCITY WEBSITE: www.ci.waterIoo.ia.us VIGILANCE WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer 1 � ca'7l CITY OF WATERLOO, IOWA COUNCIL RECORD 8 . 6:7 J 1/" that communication from Leisure Services Director transmitting application with Iowa Department of Natural Resources for LAWCON (Land and Water Conservation Fund) grant in the amount of $50, 000.00 for development of Mark' s Park near the Waterloo Center For The Arts, be received, placed on file and "Resolution approving sal. application" , be adopted and Mayor and City Clerk authorized to execute same. Ayes: Resolution adopted and upon approval by Mayor assigned No. 2008- Ao . AYES NAYS ABSENT ABSTAIN MS. COLE C/ MR. GETTY MR. HART t/ MR. GREENWOOD MR. STEVE SCHMITT MR. WELPER I� MR. REGGIE SCHMITT uu # n U -` �� UH - M cr 0 0 n N 1 u. w al 44 00, D D a H* a, t H n H. 0, 0 a O H [zj _ zz 0 rt., ,iv 1 I n H Z y ,k A) +, �� z Z 0 a CI, ` ',D' N '1.011F 0 0, O I. (' M I t-' This Resolution prepared by Nancy Eckert, City Clerk, 715 Mulberry Street, Waterloo, Iowa. RESOLUTION NO. 2008-165 RESOLUTION APPROVING APPLICATION WITH IOWA DEPARTMENT OF NATURAL RESOURCES FOR LAWCON (LAND AND WATER CONSERVATION FUND) GRANT AND DIRECTING EXECUTION OF SAID APPLICATION BY MAYOR. WHEREAS, the City of Waterloo is interested in acquiring lands or developing outdoor recreational facilities on the following described project for the enjoyment of the citizenry of the City of Waterloo and the State of Iowa, and WHEREAS, Mark' s Park, a memorial to Mark Young, a son of local residents Rick and Cathy Young, who passed away in 2003, is an important part of the River Renaissance Project . The park will feature several amenities, including views of the Plaza and Amphitheatre Area and the Cedar River, benches and rest areas for visitors, unique play equipment for children, and a splash pad area with water feature for enjoyment . Currently, there are no public parks in the downtown Waterloo area and this park, along with the nearby trails and other exciting developments going on in the metropolitan area, will help make downtown Waterloo an enjoyable destination for residents and visitors from all over Iowa, and WHEREAS, Land and Water Conservation Fund financial assistance is required for the acquisition or development of said outdoor recreational facilities . NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the project described above be authorized. BE IT FURTHER RESOLVED that said City of Waterloo make application to the Iowa Department of Natural Resources to seek Land and Water Conservation Fund financial assistance from the National Park Service in the amount of 12 . 5 percent of the actual cost of the project in behalf of said City of Waterloo. BE IT FURTHER RESOLVED that said City of Waterloo certifies to the following: 1 . That it will accept the terms and conditions set forth in the NPS Grants-in-Aid Manual and which will be a part of the Project Agreement for any grant awarded under the attached proposal . 2 . That it is in complete accord with the attached proposal and that it will carry out the acquisition and/or development in the manner described in the proposal and any plans and specifications attached thereto unless prior approval for any change has been received from the Iowa Department of Natural Resources . 3 . That it has the ability and intention to finance its share of the cost of the project and that the project will be operated and maintained at the expense of said City of Waterloo for public outdoor recreational use . 4 . That no financial assistance has been given or promised under any other federal program or activity with regard to the proposed project . Resolution No. 2008-165 Page 2 5 . That it will not discriminate against any person on the basis of race, color, or natural origin in the use of any property or failure acquired or developed pursuant to this proposal, and shall comply with the terms and intent of the Title VI of the Civil Rights Act of 1964, P. L. 88-352 (1964) , and of the regulations promulgated pursuant to such Act by the Secretary of the Interior and contained in 43 CFR 17 . 6. That it will maintain adequate financial records on the proposed project to substantiate claims for cost- sharing. PASSED AND ADOPTED this 3rd day of March, 2008 . im Hurley, Ma r ATTEST : Nancy Eck , C City Cler • �,►�!��--. I�� CITY OF WATERLOO , IOWA /viit �r('',�// (tri WATERLOO LEISURE SERVICES COMMISSION oy� 1101 Campbell Ave. • Waterloo, IA 50701 • (319) 291-4370 • Fax (319) 291-4297 Sono s PAUL HUTING • Leisure Services Director RIayo,. February 25, 2008 TIMOTHY J. HURLEY Mayor Tim Hurley City Council Members COUNCIL City Hall MEMBERS Waterloo, Iowa REGI ALD A. Dear Mayor and Council Members: SCHMITT Warr;1 This is to request that Council adopt a resolution authorizing INRCOG to submit a CAROLYN LAWCON (Land and Water Conservation Fund) grant application to the Iowa COLE mud t, Department of Natural Resources for the development of Mark's Park near the Waterloo Center for the Arts. HAROLD GETTY Council approved a Memorandum of Understanding for this grant application Ward 3 with INRCOG on February 4. There will be no fee charged to the City if grant QUENTIN M. funding is not obtained. If the application is successful the fee will be 1.5% of the HART amount awarded. Ward 4 RON The application would be for $50,000. Private donations have also been identified WELPER for this project. Ward 5 BOB Please contact me with any questions. Thank you for your consideration of this GREENWOOD matter. At-Large STEVE SCHMITT Si At-Large Paul Huting Leisure Services Director cc Clerk/Finance CITY WEBSITE:www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer LAND AND WATER CONSERVATION FUND PROJECT PROPOSAL RESOLUTION ON ACQUISITION OR DEVELOPMENT FOR OUTDOOR RECREATION County: Black Hawk County WHEREAS, the City of Waterloo is interested in acquiring lands or developing outdoor recreational facilities on the following described project for the enjoyment of the citizenry of the City of Waterloo and the State Iowa. Project Title: Mark's Park Total Estimated Cost: $ 400,000 Brief Description of Project: Mark's Park, a memorial to Mark Young, the son of local residents Rick and Cathy Young, who passed away in 2003, is an important part of the River Renaissance Project. The park will feature several amenities, including views of the Plaza and Amphitheatre Area and the Cedar River, benches and rest areas for visitors, unique play equipment for children, and a splash pad area with water feature for enjoyment. Currently, there are no public parks in the downtown Waterloo area and this park, along with the nearby trails and other exciting developments going on in the metropolitan area, will help make downtown Waterloo an enjoyable destination for residents and visitors from all over Iowa. AND, Land and Water Conservation Fund financial assistance is required for the acquisition or development of said outdoor recreational facilities, NOW THEREFORE,be it resolved by the City of Waterloo that the project described above be authorized, AND,be it further resolved that said City of Waterloo make application to the Iowa Depaituient of Natural Resources to seek Land and Water Conservation Fund financial assistance from the National Park Service in the amount of 12.5%of the actual cost of the project in behalf of said City of Waterloo , AND,be it further resolved that said City of Waterloo certifies to the following: 1. That is will accept the terms and conditions set forth in the NPS Grants-in-Aid Manual and which will be a part of the Project Agreement for any grant awarded under the attached proposal. 2. That it is in complete accord with the attached proposal and that it will carry out the acquisition and/or development in the manner described in the proposal and any plans and specifications attached thereto unless prior approval for any change has been received from the Iowa Department of Natural Resources. 3. That is has the ability and intention to finance its share of the cost of the project and that the project will be operated and maintained at the expense of said City of Waterloo for public outdoor recreational use. 4. That no financial assistance has been given or promised under any other federal program or activity with regard to the proposed project. 5. That it will not discriminate against any person on the basis of race, color, or natural origin in the use of any property or failure acquired or developed pursuant to this proposal, and shall comply with the terms and intent of the Title VI of the Civil Rights Act of 1964,P.L. 88-352(1964),and of the regulations promulgated pursuant to such Act by the Secretary of the Interior and contained in 43 CFR 17. 6. That it will maintain adequate financial records on the proposed project to substantiate claims for cost-sharing. THIS IS TO CERTIFY that the foregoing is a true and correct copy of a resolution duly and legally adopted by the City of Waterloo at a legal meeting held on this 3`d day of March ,2008 . (signature) (signature) Mayor City Clerk (title) (title) <-7/ CITY OF WATERLOO, IOWA COUNCIL RECORD 9. q^ J that communication from Senior Planner transmitting addendum to temporary construction easement for total compensation of $1, 670.69 for trees to be removed on property located at 629 West Donald Street as part of the Donald Street Recreational Trail project, be received, placed on file and "Resolution approving said addendum to templary easement" , be adopted and Mayor and City Clerk authorized to execute same. Ayes: / Resolution adopted and upon approval by Mayor assigned No. 2008- /6-6. . AYES NAYS ABSENT ABSTAIN MS. COLE (/ MR. GETTY ✓' MR. HART MR. GREENWOOD MR. STEVE SCHMITT r/ MR. WELPER /MR. REGGIE SCHMITT m N ti n ro o m N 0.+ �, . 4 a ro y b n o N la 0 i n rn rt Aar o H H 0 1# a o a r e 0 n P. -.' a. . ,z- Pi y c, a 0 a) a, `4 k rr , ► H o H a R • H o 9' o o , ..., * ir, H Z /-3 . RI a, • (2r-!, i •.... n • hiiiit 111 a 4 5 This Resolution prepared by Nancy Eckert, City Clerk, 715 Mulberry Street, Waterloo, Iowa. RESOLUTION NO. 2008-166 RESOLUTION APPROVING AND ACCEPTING ADDENDUM TO TEMPORARY CONSTRUCTION EASEMENT IN CONJUNCTION WITH THE WEST DONALD STREET TRAIL PROJECT. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Addendum to Temporary Construction Easement, dated March 3, 2008, for total compensation of $1, 670 . 69 for trees to be removed on property generally located at 629 West Donald Street in conjunction with the West Donald Street Trail Project, described as follows : Sharon K. Spears - 629 West Donald Street The East 178 feet of the West 354 feet of the North 10 feet of unplatted Waterloo East West 5 acres East 17 acres Northeast Northwest except South 685 feet North 6 acres East 12 acres Northeast Northwest Section 14 Township 89 Range 13, And, The North 5 feet of the East 69 feet of unplatted Waterloo East West 5 acres East 17 acres Northeast Northwest except South 685 feet North 6 acres East 12 acres Northeast Northwest Section 14 Township 89 Range 13, all in the City of Waterloo, Black Hawk County, Iowa; be and the same is hereby approved and accepted. PASSED AND ADOPTED this 3rd day of March, 2008, and approved by the Mayor on the 5th day of March, 2008 . im Hurley, M r ATTEST: Nancy Ecker -CMC City Clerk CITY OF WATERLOO , IOWA WATERLOO PLANNING, PROGRAMMING & ZONING COMMISSION 715 Mulberry St. • Waterloo, IA 50703 • (319) 291-4366 Fax (319) 291-4262 S?tertoO \43 DONALD J.TEMEYER • Community Planning&Development Director February 26, 2008 Mayor Honorable Tim Hurley, Mayor TIMOTHY I. City Council Members HURLEY City Hall Waterloo, Iowa COUNCIL Dear Mayor and Council: MEMBERS Currently, the City is finishing up easement and right-of-way acquisition for the REGINALD N. Donald Street Recreational Trail, with construction on the trail anticipated to SCHMITT begin this spring, and be finished later summer, early fall of this year. Ward 1 Sharon Spears, and Terri Davis, property owners of 629 West Donald Street cAROLYN have requested an addendum to the temporary construction easement that COLE they have already signed into on April 20, 2007, for additional compensation of Ward 2 trees to be removed as a part of the project. Attached to this letter is the HAROLD addendum, letters from the consultant who valued the trees to be removed, as GETTY well as an additional letter, noting an additional $400.00 in compensation for Ward 3 root damage to the remaining trees. QLTENTIN M. The proposed compensation amount is: HART' Ward 4 1. $1270.69 ($472.75 for one, 32" diameter Sugar Maple Tree, and RON $797.94 for 13 Siberian Elm Trees with an average value of $61.38). WELPER 2. $400.00 of additional compensation for the additional loss of trees that Ward5 are not proposed for removal due to construction issues and potential BOB root damage, for a total compensation amount of $1670.69. GREENWOOD At-Large The Finance Committee reviewed and approved the request on February STEVE 25, 2008. SCHMITT At-Large Therefore, we would ask that the City Council adopt a resolution approving this addendum to the already existing temporary construction easement agreement, authorizing the Mayor and Clerk to sign and fully execute the agreement. If you have any questions, do no hesitate to contact our office. Sincerely, Aric Schroeder, Senior Planner Attachments cc: Donald J.Temeyer, Planning Director Noel Anderson,City Ptalmgr WEBSITE: www.ci.waterloo.ia.us Kevin Blanshan, INRCOG WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Y , r`:; 9 December 2007 11 * - E City of Waterloo i� ,, % Tim Andera �t g` Waterloo IA 50701 5('i'', .., 7,-;..7:*". ', ' RE: Value assessment for trees along construction easement on the south side of W. k, Donald street in front of the property at 629 W.Donald jointly owned by Sharon K. Spears and Terri L.Davis. The subject trees as viewed by Craig Gibleon,ICN;Tim Andera,City of Waterloo; & Landscape Larry Buchholz,Ament Inc.the afternoon of 26 November 2007 and again by Craig Concepts t Gibleon 29 November 2007. I was asked to do a value assessment of trees within an easement in front of the 629 W.Donald Street property.This report is the result of that assessment. I have completed evaluations for the grouping of trees in the affected area.99% of the trees as viewed were Siberian Elm(Ulmus pumila)While there are hundreds of Elms in the construction area with trunks ranging in size from 4"dia.and smaller,the viability of these smaller suckers and seedling starts is questionable without future selective pruning and thinning.There was no evidence that the assessed area had been Upscale Landscape Designpreviously pruned. Public Gardens Values were based on a count of some(51)Siberian Elm and(1)Sugar Maple with Urban design Consultation trunks ranging in size from 5"dia.to 32"dia.for an average of 12.8"dia.at 52" I height.In addition,(1)Sugar Maple with a trunk diameter of 6"is also a part of this assessment. Z. g/ The International Society of Arboriculture(ISA)has set the industry standard for tree appraisals used worldwide.I have followed ISA requirements while conducting this appraisal and used the ISA Species Class List as the basis of evaluation. There are three basic methods used to determine the value of trees.Income Approach,Cost Approach,and Market Approach. The property owners derive no income from these windbreak trees,as would,for instance,a Christmas tree Farm,Income Approach is not a possible option. In the Market Approach,loss of the trees would have to impact property value at a rate greater than 3% of value. Well maintained hardwood varieties enhancing the loc and possibl sha "ding a--tl,e h is n �y"- =eisBi3c,wofl.0 typically i3^ieet the assessment criteria. ilIn the Cost Approach an assessment is made to determine the value of larger trees based on the value of smaller replacements.An ISA species rating is assigned as a ii multiplier,the calculated original tree value x multiplier+l-additional criteria affecting value are assigned and calculated. e ISA multiplier is based on the trees 1807 West Fourth Street ! The value by species when compared to other species.The typical Oak in prime condition aterklo,L4 50701carries a multiplier of 90%. Other species,Siberian Elms for instance,are at 15% in 319-233-5492 1 prime condition. That is saying a$300 Oak is valued at$270 while a$300 Siberian 31.9-22.6 6t10;h 1 Elm carries a value of$45 before other factors are determined. 1 f 1 The following is a synopsis of the accompanying data: Siberian Elm $3130.56 a, 'i Sugar Maple $472.75 af a .'R �, ie :_ , $3603.31 rl'*:';, Appraisal is based on ISA Standards and/or ISA Regional Species Standards. Pricing for replacement planting stock is based on normal retail pricing from Matthias Landscaping. The Elms in this assessment are not quality specimens and offer no shade potential for the residence located on the property. Landscape ConceptsAs assessed,it is noted that the(52)large trees and(200+)smaller trees making up this I roadside thicket do create an excellent windbreak.This assessment does not address energy savings/losses associated with this grouping. In addition,the grouping is a barricade to the view of Donald Street traffic and offers some protection from noise.I am of the understanding that some existing trees on the south side ; of the grouping will be left standing.I estimate 80%of existing trees will be removed and those remaining will be significantly smaller than those in the existing grouping.This sum would allow the property owner to replant a number of additional trees or thin out and move existing Elms to more desirable locations.Red Pine or Black Hills Spruce could be upscale Landscape Design I incorporated into the mix to help restore the lost windbreak. Public Gardens Urban design i Please call with questions or concerns.319-226-6000 k i Sincerely, Craig Gibleon 1 I i g rl 1 1 A 4 P 1807 West Fourth Street Waterloo, IA 50701 i 319-233-5492 319-290-5305 i 1 I . • I 1 C C I 2 2 i I & c I a a N c c a) a) E NE U a) a) as N O - a. 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CO 0 N a) a) 0 'O V R • p O a O co O al N aa) o m m N - a al a Q.O 7 3 3 in 'v CO Ix CC ( > > > � Q CO CC > > > � Q W 14 February 2007 ,fix 1 - 4 -,. 1 City of Waterloo 'P ' t;7, % Tim Andera Waterloo IA 50701 x �K RE:Value assessment for trees along construction easement on the south side of W. Donald street in front of the property at 629 W.Donald jointly owned by Sharon K. Spears and Terri L.Davis. When looking at construction issues involving trees one of the problems encountered Landscape ., is the time it takes for problems to show up.If a tree is struck by a piece of equipment a s1 the damage is easy to detect.When we talk about root damage and resulting injury the problems surface the spring caa several years of decline before i--.----�»-....»-.».... following spring,It a.gn take several UCIVIC ei the tree actually dies.. 1 The Siberian Elm probably has a better chance of surviving than most.The Elms in question,while not an ideal species,are a rugged plant that adapts well to most environments. I 40 Typical theory is that barrier fencing be placed at the drip-lines of trees affected by construction.All traffic,storage,portable toilets,etc.must be kept out of this drip- Upscale Landscape Design line area.Under these ideal conditions most tree species would have a good chance of Public Gardens • surviving. Urban Consultation design At the Donald Street site there isn't enough room to construct this type of perimeter C: tatio barrier and avoid the construction area.In fact the walkway,in many cases,will be within a few feet of tree trunks. R g There will probably be additional loss of trees due to construction issues.To say what • that loss will be is difficult to estimate.Looking at a quantity of some 38 trees that are no longer in construction pathways it would seem likely you would loose 15% of the larger trees to root compaction issues and another 5% to physical damage by construction equipment etc.This means roughly 8 trees would die from both issues. f It would seem to me that if the property owners are willing to settle for an additional $400 and for this you have no more issues to contend with,it might be worth it. Let me know if I can be of further assistance. 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OS•SL8 ��\��y � SN39i1311f - .. �! :I: 98'4L8 t .�\`"yam- ll3NO11W 'tl LS'6c8 1 .._ Z2'bL8 • 9 o n Sb'EL8 I r:I I, f-( I P m ro co m cos. 1 Parcel:Sharon K. Spears W. Donald Street Bike Trail Project TEMPORARY CONSTRUCTION EASEMENT The undersigned does hereby grant and convey unto the City of Waterloo, Iowa, a temporary easement across the following described property in the City of Waterloo, Black Hawk County,State of Iowa: See attached plat of survey for the purpose of the construction of the West Donald Street Bike Trail Project, together with a right of ingress and egress thereon. SAID TEMPORARY EASEMENT WILL RETURN TO ITS ORIGINAL CONDITION AND EXPIRE UPON COMPLETION OF CONSTRUCTION. IN WITNESS WHEREOF,we have hereunto set our hands this cab day of --z: 1 ,2007 X } /tom-7„,,,, .42.04.4.0 . Sharon Spears X Terri Davis State of Iowa ) Black Hawk County ) ss. On thiday o 2 before me the unde signed, a Notary Public in and f he C un . of -i ,State of ..�f�H , personally appeared` �(r I Af< `, -l'�-r Z v'5 , to me known to be the person named and who executed the foregoing instrument and acknowledged that 5A executed the same as A voluntary act and deed. IN WITNESS WHEREOF, I have hereunto si ed my name and affixed my Notarial Seal the day and year last above writt . Seal "A`4 : LINDA L1NSEY ota yy Public or e St to of to 2 C .719252 * * MY es rovra l i ' CITY OF WATERLOO, IOWA COUNCIL RECORD 11. Ce2 that communication from City Planner transmitting agreement with Roberta Wagner to lease approximately 8 acres of property generally located along Bishop Avenue, just south of the Blowers Creek drainage way at a rate of $600.00 per year, be received, placed on file and "Resolution approving p4d agreement" , be adopted and Mayor and City Clerk authorized to execute same. Ayes: Resolution adopted and upon approval by Mayor assigned No. 2008- / AYES NAYS ABSENT ABSTAIN MS. COLE cl MR. GETTY L� MR. HART c---- MR. GREENWOOD e---- MR. STEVE SCHMITT MR. WELPER MR. REGGIE SCHMITT PI ''I 0 G] 'zi Z1 ' .._ ►1 '% ' Vl •I rb rd 0 Y .yd C) m w 0 n ro 0 m (D \ �-�• m N 0 AJ 'CI II rn (D a . "' �:. ro H 0 b CC] o m H 0 n c) rt ., . ► ' Li. O H r O 4# 1-1 a O rt 0 o ri N• • :.. oh _ (D - Pi H H N 0 a m c 0' n 0 �_r w a p. CD P, W ,re ,! Cpt ► H Z H H Z Z (Q ► iC� r . HO Z H 0 4.. .— Z O w4ik Z 0 s 11 z o � j� r ti Q M N a ha a. This Resolution prepared by Nancy Eckert, City Clerk, 715 Mulberry Street, Waterloo, Iowa. RESOLUTION NO. 2008-168 RESOLUTION APPROVING AGREEMENT WITH ROBERTA WAGNER AND DIRECTING EXECUTION OF SAID AGREEMENT BY MAYOR. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the agreement dated March 3, 2008, to lease approximately 8 acres of property generally located along Bishop Avenue, just south of the Blowers Creek drainage way, at a rate of $600 . 00 per year, by and between Roberta Wagner 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 3rd day of March, 2008 . i` imm Hurley, 40ror ATTEST: Nancy Eck , CMC City Cler 1 _eraN qr\t r CITY OF WATERLOO , IOWA WATERLOO PLANNING, PROGRAMMING & ZONING COMMISSION 715 Mulberry St. • Waterloo, IA 50703 • (319) 291-4366 Fax (319) 291-4262 %r1O0 DONALD J.TEMEYER • Community Planning&Development Director February 27, 2008 The Honorable Tim J. Hurley, Mayor, and City Council Members-City Hall TIMOTHY I Waterloo, Iowa 50703 HURLEY RE: Property Lease — Bishop Avenue COUNCIL MEMBERS Dear Mayor and Council: REGINALDA. Roberta Wagner recently contacted our office requesting to lease SCHMITT approximately 8 acres located along Bishop Avenue just south of the Blowers Ward 1 Creek Drainage way. (see attached aerial photo). Mrs. Wagner is proposing to use the land for grazing horses. CAROLYN COLE Details of the proposed purchases are: Ward` • Lease approximately 8 acres at a rate of $600 a year. HAROLD • Would install electrical fencing and 2 to 3 portable buildings that would GETTY be removed upon 90-day notice of termination of lease. Ward 3 In the past the property has been leased to individuals who bailed hay for QHART livestock livestock and itproved to be a benefit to the City. HART Ward 4 Therefore, we would ask that the City Council adopt a resolution approving RON this lease and authorize the Mayor and City Clerk to sign and fully execute WEEPER Ward 5 this agreement. If you have any questions or need additional information regarding this matter, please contact our office. BOB GREENWOOD Sincere At-Large STEVE SCHMITT Noel Anderson At-Large City Planner Attachment Cc: Donald J. Temeyer, Community Planning & Development Director Noel Anderson, City Planner CITY WEBSITE: www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Action Garage lease-327 East 3rd w z+c 44 BISHOP AVE (1) \ - n' asW N (B co L W o CO co co / a� m L W o 46 Q W o li w � - a) 0) as i 1 1 , qy ,Q, \---- \ �o6 0 O LL O N It JL` `Q�Q l ` y 0 ;,,.--,.1 1 , -----, _ 1 N This Resolution Prepared by Nancy Eckert, City Clerk, 715 Mulberry Street, Waterloo, Iowa. RESOLUTION NO. 2008-167 RESOLUTION ACCEPTING PLAT IMPROVEMENTS FOR NOTTINGHAM SECOND ADDITION IN THE CITY OF WATERLOO, IOWA. WHEREAS, the following improvements were required as a precedent to the final approval of Nottingham Second Addition: the installation of sanitary sewer and services, installation of storm sewer, bringing the streets to grade, the installation of six (6) inch Portland cement concrete paving, and incidentals, and WHEREAS, the above improvements have been completed in substantial conformance with the construction plans, standards and requirements of the City Engineer. WHEREAS, Peterson Contractors, Inc. has provided a two-year Maintenance Bond for said Nottingham Second Addition. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Plat Improvements for Nottingham Second Addition, be and the same are hereby accepted. PASSED AND ADOPTED this 3rd day of March, 2008 . Tim Hurley, Ma ATTEST: Nancy Eck r , CMC City Clerk ilk CITY OF WATERLOO , IOWA i r�f/// WATERLOO ENGINEERING DEPARTMENT OS1R 715 Mulberry St. • Waterloo, IA 50703 • (319) 291-4312 Fax (319) 291-4262 terloo � ERIC THORSON,P.E. • City Engineer email:city.engineer@waterloo-ia.org February 26, 2008 M n1O TIMOTHY J. 9002 HURLEY 030308 Honorable Mayor and City Council COUNCIL Waterloo City Hall MEMBERS Waterloo, IA 50703 REGINALD A. RE: ACCEPTANCE OF PLAT IMPROVEMENTS SCHMITT NOTTINGHAM SECOND ADDITION Ward 1 CAROLYN Honorable Mayor and City Council Members: COLE Ward 2 The improvements required as a condition precedent to the final approval of HAROLD NOTTINGHAM SECOND ADDITION, Waterloo, Iowa; namely, the installation of GETTY sanitary sewer and services, installation of storm sewer, the bringing of the streets to Ward 3 grade, the installation of six (6) inch Portland cement concrete paving, and incidentals, QUENTIN M. have been completed in substantial conformance with the construction plans, standards, HART and requirements of this office. Included in this acceptance is the sanitary sewer from Ward 4 Nottingham Second Addition to an existing sewer in an easement along the extension of Ranchero Road. The easements for the new sanitary were accepted by City Council on RON August 20, 2007 (Res. No. 2007-714). WELPER Ward 5 It is therefore recommended that NOTTINGHAM SECOND ADDITION be accepted BOB by the City Council. GREENWOOD At-Lars,e It is also recommended that the attached two (2) year maintenance bond from Peterson STEVE Contractors, Inc. be accepted by the City Council and placed on file with the City Clerk SCHMIT1 with the effective dates being that of final Council approval. At-Large Since ennis J. entz, P. . Assistant City Engineer Attachment Cc: Peterson Contractors, Inc. Wayne Claassen Engineering and Surveying, Inc. CITY WEBSITE: www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer • CITY OF WATERLOO, IOWA COUNCIL RECORD 10. that communication from Assistant City Engineer transmitting acceptance of plat improvements for Nottingham Second Addition and two year maintenance bond from Peterson Contractors, Inc. , be received, p)ed on file and "Resolution approving said improvements" , be adopted. Ayes: Resolution adopted and upon approval by Mayor assigned No. 2008- I G 7 AYES NAYS ABSENT ABSTAIN MS. COLE MR. GETTY �f MR. HART MR. GREENWOOD4/7 MR. STEVE SCHMITT MR. WELPER L� MR. REGGIE SCHMITT XI ti a Pi 70 Z ro 0 x 0 m 1-1- m hi ro 0 ID IDCC t1 ti O ro t' co N p A) ro II M m : tr' ro H ro n i-0 a (D cr 0 0 n N. CD • H H 0 0 a m C tr n 0 H H 0 A --- a CD 0 a `� `� zz n y z ., '� ►a 0 M • _- H z H e z w 1 0 H ° i. z °a z 0 ia a z�� A ro o Fl A Ilk n N.) t ; 0 t REC'D FEB 2 8 ZOOS PUBLIC IMPROVEMENT MAINTENANCE BOND SURETY BOND NO.: 400 TE8974 KNOW ALL MENIBY THESE PRESENTS: That Peterson Contractors,Inc.of Reinbeck,Iowa _,as Principal, and the Seaboard Surety Company , as Surety, are held and firmly bound unto the City of Waterloo, STATE OF IOWAl in the penal sum of Three Hundred Three Thousand,Two Hundred Sixty Seven&40/100 ($303,267.40) Dollars,lawful money of the United States of America, for the payment of whiun,well and truly to be made,the Principal and Surety bind themselves,their and each of their heirs. executors, administrators,successors and assigns,jointly and severally,firmly by these presents. Whereas,the said Principal entered into a certain contract,dated the 28th day of October.2004 with Hayek Enterprises,Inc. ,to furnish all the material and labor necessary for the construction of Nottingham Seconil Addition in the City of Waterloo,Iowa,in conformity with certain contract documents;and Whereas,a'farther condition of said contract is that the said Principal shall furnish a bond of indemnity,guaranteeing to remedy any defects in workmanship or materials that may develop in said work within aperiod of two (2)years from the date of acceptance of the work under said contract; and Whereas,the said Seaboard Surety Company for a valuable consideration, (Surety) has agreed to join vvitli said Principal in such bond or guarantee, indemnifying said City of Waterloo,'Iowa_. Now,therefore,the condition of this obligation is such that if the said Principal shall, at his own cost and expense,remedy any and all defects that may develop in said work,within the period of two(2) years groin the date of acceptance of the work under said contract,by reason of poor workmanship or poor material used in the construction of said work,and shall keep all work in continuous good repair during said period,and shall in all other respects,comply with all the terns and conditions of said contract with respect to maintenance and repair of said work, then this obligation to be null and void; otherwise to be and remain in full force and virtue in law. The Contractor shall give notice to the City of Waterloo ,Iowa,by registered letter directed to the Mayor or City Clerk/Auditor thereof not more than four(4) and not less than three(3)months prior to the expiration of the term during which the Contractor is required to maintain said improvements, in good repair by the terms of its Contract. The liability of the Contractor and of the sureties on its bond for maintenance of the said improvements shall continue until three(3)months after such notice has been given to the Owner and, in any event,until two(2)years after the acceptance of the work. In Witness whereof;we have hereunto set our hands and seals this 1st day of August ,2007, Peterso n ctors, Inc. — ,Principal Accepted ,20 By. _ (Q _02- ctSi turee4 T' By Type or Print Name City of Waterloo,Iowa Seaboard Surety Company Surety By. Ap p r ov £ Attorney-in act Dianne S. Riley,Attorney-in-fact Og Type or Print Naive City At o e at (ATTACH POWER OF ATTORNEY) oidertNottfngimm Be itslMaintenanceBond.tim) vs+ " WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER • V TRAVELERS POWER OF ATTORNEY Farmington Casualty Company St.Paul Guardian Insurance Company Fidelity and Guaranty Insurance Company St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company Attorney-In Fact No. 218345 Certificate No. 0 016 51668 KNOW ALL MEN BY THESE PRESENTS:That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York,that St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company and St.Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota,that Farmington Casualty Company,Travelers Casualty and Surety Company,and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut,that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland,that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa,and that Fidelity and Guaranty Insurance Underwriters,Inc.is a corporation duly organized under the laws of the State of Wisconsin(herein collectively called the"Companies"),and that the Companies do hereby make,constitute and appoint Craig E.Hansen,Dianne S.Riley,Janet Alessio,Jay D.Freiermuth,Brian M.Deimerly,Clifford W.Augspurger, Cindy Bennett,and Anne Crowner of the City of West Des Moines ,State of Iowa ,their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above,to sign,execute,seal and acknowledge any and all bonds,recognizances,conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons,guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. SV. 22nd IN WITNESS WHEREOF,the Compa ,have caused this instrument to be signed and their corporate seals to be hereto affixed,this bruary day of / Farmington Casualty Company St.Paul Guardian Insurance Company Fidelity and Guaranty Insurance Company St.Paul Mercury Insurance Company Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company er,su,,t j ,,pT4 rTy e�ae a ,pN ,tvo ' ,, Pl1YANO , s, � r y> QO:'._....,.y' 4�P,........,ay�4�"'} 4J °L4N'°.-tr°CYL ivy Arz �(LORPMRA,P T ,. RpoRATE,'i . 9 �3D $ 9 E I z ia HARHARTFOR I $ z `cam27 6 19$1 siy * , ., ..o. -,..,. ALA*/ V,.SEA.Lil 1, CONN. c t•��CONN.i 1896 s s �y'••- 'ra Awe • Op „e��, ts�.7,N� 1s.......�� st Fay t 'v� r�iY!AN�br'� r....*; State of Connecticut By: City of Hartford ss. Georg Thompson, ' i ice President 22nd February 2007 On this the day of ,before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters, Inc.,Seaboard Surety Company,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company,and that he,as such,being authorized so to do,executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof,I hereunto set my hand and official seal. 1 TTAfl ( � C . ,.C �n� ^�1 My Commission expires the 30th day of June,2011. �omo * Marie C.Tetreault,Notary Public 40i elf, 58440-8-06 Printed in U.S.A. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER :— .► This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company,Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company,which resolutions are now in full force and effect,reading as follows: RESOLVED,that the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President,any Vice President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds,recognizances,contracts of indemnity,and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking,and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her;and it is FURTHER RESOLVED,that the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary;and it is FURTHER RESOLVED,that any bond,recognizance,contract of indemnity,or writing obligatory in the nature of a bond,recognizance,or conditional undertaking shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary;or(b)duly executed(under seal,if required)by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED,that the signature of each of the following officers:President,any Executive Vice President,any Senior Vice President,any Vice President, any Assistant Vice President,any Secretary,any Assistant Secretary,and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I,Kori M.Johanson,the undersigned,Assistant Secretary,of Farmington Casualty Company,Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by siiit which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this 1 st day of August ,20 07 Kori M.Johans Assistant Secretary Ma GI.SU,A TYI. SU�iE7y% F\RE 6 *N DNS .�1NSU Pl1Y Ary0 ty+•� ......49 JP........Rq yJ a (,.,,,'"240:Nt �p '�t'0�uv * 1" °"°44T Tt j4' n t ° ` .-� \[D C1 $ r9rf� ?CORPORATE/7 YL fh m �� ,,, f,h„ #W:t00.PORAT�::,m: 14flTFOFgt ¢ 1982 O 1977 �92] < - 4+ m: EEi --- .o. m HARTFORD, < Z o t 1951 j s f �`SEAL,o J �', = CONN. o $ CCNN• )R N 1896 �'6'roEct� �D 1 TSB A 's,tis 's `o �ti 1 f s:SSAL'e t° �..., �(� Ay. FN �.� OFNEW �`'"n�^r,E fS.A iy.'...... 661 'N a r )Alt" ll To verify the authenticity of this Power of Attorney,call 1-800-421-3880 or contact us at www.stpaultravelersbond.com.Please refer to the Attorney-In-Fact number, the above-named individuals and the details of the bond to which the power is attached. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER 1 `2- 6'' W5 CITY OF WATERLOO, IOWA COUNCIL RECORD RESOLUTIONS TO BE ADOPTED 12. t/j / 5 that "Resolution fixing date of hearing as March 17, 2008 on authorization and issuance of a variable/fixed rate note in the amount not to exceed $2, 970, 000.00 under the contract for loan guarantee assistance dated September 19, 2006 between the City of Waterloo and the U.S. Department of Housing and Urban Development to finance the River Walls reconstruction portion of the Cedar River Dam, to be repaid using Black Hawk County Solid Waste distributions" , be adopted and City Clerk instructed to publish notice of 7 same. Ayes: . Resolution adopted and upon approval by Mayor assigned No. 2008- /( . AYES NAYS ABSENT ABSTAIN MS. COLE 5 MR. GETTY /MR. HART !/ MR. GREENWOOD 3-MR. STEVE SCHMITT L MR. WELPER MR. REGGIE SCHMITT t/ a1 14. C1 G� d+ '� '.d r^s C' ( G� ` rr. -7 J [ti] L=7 O b [ti] ' Pc, ta N 0 a ro hi (n m 2--'K? g, _ c` f ro H ro u - O H t'' O w a (D• crt o ii N W H a, �:i ZH O , J1IL1 H O 0 .. 0 LIR ` �� �, 1 Z O t+ r a41b* W r�i * kit g n • 1 rg; W'h ' 'ci ',.Y. fting"16 (1' '' '.•:,),_ 1 r .., a a (This Notice to be posted) NOTICE AND CALL OF PUBLIC MEETING Governmental Body: The City Council of Waterloo, Iowa. Date of Meeting: March 3 , 2008. Time of Meeting: 5: 30 o'clock p .M. Place of Meeting: Council Chambers, City Hall, Waterloo, Iowa. PUBLIC NOTICE IS HEREBY GIVEN that the above mentioned governmental body will meet at the date, time and place above set out. The tentative agenda for said meeting is as follows: Resolution fixing date for a meeting on the authorization and issuance of a Variable/Fixed Rate Note under the Contract for Loan Guarantee Assistance, dated as of September 19, 2006 Such additional matters as are set forth on the additional 9 page(s) attached hereto. (number) This notice is given at the direction of the Mayor pursuant to Chapter 21, Code of Iowa, and the local rules of said governmental body. City erk, W r oo, Iowa Nancy Eck - 1 - • March 3 , 2008 The City Council of Waterloo, Iowa, met in regular session, in the Council Chambers, City Hall, Waterloo, Iowa, at 5: 3 0 o'clock p .M., on the above date. There were present Mayor Tim Hurley , in the chair, and the following named Council Members: Cole, Getty, Hart, Greenwood, Steve Schmitt, Welper, Reggie Schmitt Absent: none * * * * * * * - 2 - Council Member Welper introduced the following Resolution entitled "RESOLUTION FIXING DATE FOR A MEETING ON THE AUTHORIZATION AND ISSUANCE OF A VARIABLE/FIXED RATE NOTE IN THE AMOUNT OF NOT TO EXCEED $2,970,000 UNDER THE CONTRACT FOR LOAN GUARANTEE ASSISTANCE DATED AS OF SEPTEMBER 19, 2006 BETWEEN THE CITY OF WATERLOO, IOWA AND THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF", and moved that the same be adopted. Council Member Reggie Schmitt seconded the motion to adopt. The roll was called and the vote was, AYES: Cole, Getty, Hart, Greenwood, Steve Schmitt, Welper, Reggie Schmitt NAYS: none Whereupon, the Mayor declared the resolution duly adopted as follows: RESOLUTION NO. 2008-169 RESOLUTION FIXING DATE FOR A MEETING ON THE AUTHORIZATION AND ISSUANCE OF A VARIABLE/FIXED RATE NOTE IN THE AMOUNT OF NOT TO EXCEED $2,970,000 UNDER THE CONTRACT FOR LOAN GUARANTEE ASSISTANCE DATED AS OF SEPTEMBER 19, 2006 BETWEEN THE CITY OF WATERLOO, IOWA AND THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF WHEREAS, the City of Waterloo (the "City") and the United States Department of Housing and Urban Development ("HUD") have heretofore entered into a Contract for Loan Guarantee Assistance dated as of September 19, 2006 (the "Section 108 Loan Agreement") under Section 108 of the Housing and Community Development Act of 1974, as amended (the "Act"); and WHEREAS, as authorized under Section 108 Loan Agreement, the City proposes to issue a Variable/Fixed Rate Note to HUD in the amount of not to exceed $2,970,000 - 3 - (the "Note"), the proceeds of which are proposed to be used for construction of a pedestrian loop as part of the Cedar Valley Riverwalk Renaissance Project; and WHEREAS, copies of the Note, the Section 108 Loan Agreement and a related Brownfields Economic Development (BEDI) Grant Agreement between the City and HUD are now on file for public inspection in the office of the City Clerk; and WHEREAS, the Note shall not be a general obligation of the City but shall be secured and payable solely and only from the annual distributions of certificates of deposit and receipts available to the City from the Black Hawk Solid Waste Commission, as well as (i) all allocations or grants which have been made or for which the City may become eligible in the future under Section 106 or Section 108(q) of the Act, (ii) program income directly generated from the use of the Section 108 Loan Agreement proceeds, (iii) all proceeds (including insurance and condemnation proceeds) from any of the foregoing, and (iv) all funds or investments in the accounts established in the Section 108 Loan Agreement; and WHEREAS, no Section of the Code of Iowa sets forth any specific procedural action required to be taken before such a note can be issued under such a contract with HUD, and therefore this Council determines, pursuant to Section 364.6 of the Code of Iowa, that the procedure set forth in Section 384.25 shall apply, and that the Clerk shall publish a notice of the proposal to authorize issuance of the Note and of the time and place of the meeting at which the Council proposes to take action thereon and to receive oral and/or written objections from any resident or property owner of the City to such action. NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA: Section 1. That this Council meet in the Council Chambers, City Hall, Waterloo, Iowa, at 5: 30 o'clock, p .M., on the 17th day of March 2008, for the purpose of taking action on the matter of the authorization and issuance of the Note under the terms of the Section 108 Loan Agreement, the proceeds of which will be used to provide funds for construction of a pedestrian loop as part of the Cedar Valley Riverwalk Renaissance Project. Section 2. That the Clerk is hereby directed to cause at least one publication to be made of a notice of said meeting, in a legal newspaper, printed wholly in the English language, published at least once weekly, and having general circulation in the City, said publication to be not less than four clear days nor more than twenty days before the date of said public meeting on the authorization and issuance of said Note. - 4 - Section 3. That the notice of the proposed action to authorize the issuance of the Note shall be in substantially the following form: - 5 - NOTICE OF MEETING OF THE COUNCIL OF THE CITY OF WATERLOO, IOWA ON THE MATTER OF THE PROPOSED AUTHORIZATION AND ISSUANCE OF A VARIABLE/FIXED RATE NOTE IN THE AMOUNT OF NOT TO EXCEED $2,970,000 UNDER THE CONTRACT FOR LOAN GUARANTEE ASSISTANCE DATED AS OF SEPTEMBER 19, 2006 BETWEEN THE CITY OF WATERLOO, IOWA AND THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, AND THE HEARING ON THE AUTHORIZATION THEREOF PUBLIC NOTICE is hereby given that the Council of the City of Waterloo, Iowa (the "City") will hold a public hearing on the 17th day of March 2008, at 5: 30 o'clock, p .M., in the Council Chambers, City Hall, Waterloo, Iowa, at which meeting the Council proposes to take additional action for the authorization and issuance of a Variable/Fixed Rate Note in the amount of not to exceed $2,970,000 (the "Note") under the terms of a Contract for Loan Guarantee Assistance dated as of September 19, 2006 (the "Section 108 Loan Agreement") between the City and the U.S. Department of Housing and Urban Development ("HUD"), entered into under Section 108 of the Housing and Community Development Act of 1974, as amended (the "Act"). Proceeds of the Note will be used to for the construction of a pedestrian loop as part of the Cedar Valley Riverwalk Renaissance project. Copies of the Note, the Section 108 Loan Agreement and related financing documents are now on file for public inspection in the office of the City Clerk. The Note shall not be a general obligation of the City but shall be secured and payable solely and only from the annual distributions of certificates of deposit and receipts available to the City from the Black Hawk Solid Waste Commission, as well as (i) all allocations or grants which have been made or for which the City may become eligible in the future under Section 106 or Section 108(q) of the Act, (ii) program income directly generated from the use of the Section 108 Loan Agreement proceeds, (iii) all proceeds (including insurance and condemnation proceeds) from any of the foregoing, and (iv) all funds or investments in the accounts established in the Section 108 Loan Agreement. At the above meeting the Council shall receive oral or written objections from any resident or property owner of said City to the above action. After all objections have been received and considered, the Council will at this meeting or at any adjournment thereof, take additional action for the authorization and issuance of the Note or will abandon the proposal to do so. By order of the Council, said hearing and appeals therefrom shall be held in accordance with and governed by the provisions of Section 384.25 of the Code of Iowa. - 6 - This Notice is given by order of the Council of Waterloo, Iowa, as provided by Sections 364.6 and 384.25 of the Code of Iowa. Dated this 3rd day of March , 2008. City Clerk, W t loo, Iowa Nancy Ecke (END OF NOTICE) - 7 - PASSED AND APPROVED this 3rd day of March , 2008. wry Mayor Tim Hurley ATTEST: City Clerk Nanc ckert - 8 - CERTIFICATE STATE OF IOWA ) ) SS COUNTY OF BLACK HAWK ) I, the undersigned City Clerk of Waterloo, Iowa, do hereby certify that attached is a true and complete copy of the portion of the corporate records of said Municipality showing proceedings of the Council, and the same is a true and complete copy of the action taken by said Council with respect to said matter at the meeting held on the date indicated in the attachment, which proceedings remain in full force and effect, and have not been amended or rescinded in any way; that meeting and all action thereat was duly and publicly held in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Council (a copy of the face sheet of said agenda being attached hereto) pursuant to the local rules of the Council and the provisions of Chapter 21, Code of Iowa, upon reasonable advance notice to the public and media at least twenty-four hours prior to the commencement of the meeting as required by said law and with members of the public present in attendance; I further certify that the individuals named therein were on the date thereof duly and lawfully possessed of their respective city offices as indicated therein, that no Council vacancy existed except as may be stated in said proceedings, and that no controversy or litigation is pending, prayed or threatened involving the incorporation, organization, existence or boundaries of the City or the right of the individuals named therein as officers to their respective positions. WITNESS my hand and the seal of said Municipality hereto affixed this 5th day of March , 2008. City Clerk, erloo, Iowa Nancy Eck SEAL DCORNELL/570012.1/MS Word\11310.081 - 9 - CIG-18 STATE OF IOWA ) ) SS COUNTY OF BLACK HAWK ) I, the undersigned, do hereby certify that I am now and was at the times hereinafter mentioned, the duly qualified and acting Clerk of the City of Waterloo, in the County of Black Hawk, State of Iowa, and that as such Clerk and by full authority from the Council of said City, I have caused a NOTICE OF MEETING OF THE COUNCIL OF THE CITY OF WATERLOO, IOWA ON THE MATTER OF THE PROPOSED AUTHORIZATION AND ISSUANCE OF A VARIABLE/FIXED RATE NOTE IN THE AMOUNT OF NOT TO EXCEED $2,970,000 UNDER THE CONTRACT FOR LOAN GUARANTEE ASSISTANCE DATED AS OF SEPTEMBER 19, 2006 BETWEEN THE CITY OF WATERLOO, IOWA AND THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, AND THE HEARING ON THE AUTHORIZATION THEREOF of which the clipping annexed to the publisher's affidavit hereto attached is in words and figures a correct and complete copy, to be published as required by law in the Waterloo Courier, a legal newspaper published at least once weekly, printed wholly in the English language, published regularly and mailed through the post office of current entry for more than two years and which has had for more than two years a bona fide paid circulation recognized by the postal laws of the United States, and has a general circulation in the City, and that said Notice was published in said newspaper in all of the issues thereof published and circulated on the following date: March 7 , 2008 WITNESS my official signature at Waterloo, Iowa, this 5th day of March , 2008. �Cy City Clerk Nan y Eckert (SEAL) DCORNELL/57Q018„I/MSWord1113-10.000 ,_�;-- � CITY WATERLOO , IOWA /.. fir WATERLOO PLANNING, PROGRAMMING & ZONING COMMISSION 715 Mulberry St. • Waterloo, IA 50703 • (319) 291-4366 Fax (319) 291-4262 lferZ-13 ‘° DONALD J.TEMEYER • Community Planning&Development Director Mayor TIMOTHY J. February 26, 2008 HURLEY Mayor Hurley COUNCIL City Council Members MEMBERS City Hall Waterloo, Iowa REGIN_ALD A. SCH MIT C Ward I RE: Section 108 Loan for RiverWalls Project CAROLYN COLE Dear Mayor and Council: Ward We are requesting that a date of hearing be set for March 17, 2008 for the issuance of a HAROLD GETTY Note under the Section 108 Contract for Loan Guarantee Assistance dated September 19, Ward 3 2006 in an amount not to exceed $2,970,000. The proceeds of this note will be used to finance the River Walls reconstruction portion of the Cedar River Dam project. The loan QUART ENrIN�t will be repaid using the Black Hawk County Solid Waste distributions since this project Ward 4 is a portion of the Vision Iowa project. RON This loan will permit the city to obtain a grant that will be used for the redevelopment of WELTER Lafayette Park. ward BOB GREENWOOD Sincerely, At-Large SIEVE n• SEVE !ti.C3/ N (/( Donald J. Temeyer Community Planning & Development Director DJT:pm CITY WEBSITE: www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer AHLERS e•COONEY, P.C. 100 COURT AVENUE,SUITE 600 DES MOINES.IOWA 50309-2231 PHONE:515-243-7611 FAX:515-243-2149 W W W.AH L ERSLAW.CO M WILLIAM J.NOTH Direct Dial: wnoth@ahlerslaw.com (515)246-0332 February 25, 2008 Ms. Nancy Eckert City Clerk City of Waterloo 715 Mulberry Street Waterloo, Iowa 50703 RE: Section 108 Loan Agreement Dear Ms. Eckert: With this letter I am enclosing suggested proceedings to be acted upon by the Council in fixing the date of a meeting on the proposition to authorize and issue a Note under the Contract for Loan Guarantee Assistance dated as of September 19, 2006, in the amount of$2,970,000 (the "Note") and ordering publication of a notice of hearing consistent with the provisions of Section 384.25. Because no specific procedure is set forth in the Code with respect to this action, the Council may determine its own procedure under Section 364.6, and follow Section 384.25 (relating to the issuance of essential corporate purpose bonds) for this purpose. Notice of this meeting must be published at least once in a legal newspaper, printed wholly in the English language, published at least once weekly and having general circulation in the City. The date of publication is to be not less than four clear days nor more than twenty days before the day of said public meeting on the approval of the Contract. In computing time, the date of publication should be excluded. If the last day falls on Sunday, the whole of the following Monday should be excluded. WISHARD&BAILY-1888:GUERNSEY&BAILY-1893:BAILY&STIPP-1901:STIPP,PERRY.BANNISTER&STARZINGER-1914:BANNISTER,CARPENTER, AHLERS&COONEY-1950:AHLERS,COONEY.DORWEILER,ALLBEE,HAYNIE&SMITH-1974;AHLERS,COONEY,DORWEILER,HAYNIE,SMITH&ALLBEE.P.C.-1990 February 25, 2008 Page 2 At the time of hearing the Council should receive oral or written objections from any resident or property owner to the proposed action to issue the Note. After all objections have been received and considered, the Council is required, at that meeting or any adjournment thereof, to take additional action for the authorization and issuance of the Note or to abandon the proposal to do so. An extra copy of the proceedings is enclosed to be completed as the original and certified back to us for our transcript of the action taken, together with publisher's affidavit of publication of notice of hearing. An extra copy of the notice of hearing is enclosed to be delivered to the newspaper for publication purposes. A certificate to attest the proceedings also is enclosed. We will prepare and forward to you in the near future suggested proceedings to be acted upon on the date of hearing. If you have any question pertaining to the proceedings enclosed, please don't hesitate to contact us. Yours very truly, William J. Noth WJN:dc encl. cc: Michelle Weidner (w/encl.) DCORNELL/570014.1/MSWord\11310.00 CITY OF WATERLOO, IOWA COUNCIL RECORD ORDINANCES TO BE ADOPTED 13 . , (770 that "an Ordinance amending the 2007 Code of Ordinances of the City of Waterloo, Iowa, by repealing Section 5-1B-1, Definitions, Section 5-1B-4 Dangerous Dogs Prohibited, and Section 5-1B-6, Restrictions on Possession of Animals, of Article B, Dangerous Animals and Dogs, of Chapter 1, Animal Control, of Title 5, Police Regulations; and enacting in lieu thereof new Section 5-1B-1, Definitions, Section 5-1B-4 Dangerous Dogs Prohibited, Section 5-1B-6, Restrictions on Possession of Animals, and Section 5-1B-7, Registration of Potentially Dangerous Dogs, of Article B, Dangerous Animals and Dogs, of Chapter 1, { Animal Control, of Title 5, Police Regulations (new definitions, violation registry, new section on potentially dangerous dogs " , be r , aced on file, considered and passed for theme. Ayes: Motion carried. AYES NAYS ABSENT ABSTAIN MS . COLE MR. GETTY 1/ MR. HART V MR. GREENWOOD MR. STEVE SCHMITT . MR. WELPER MR. REGGIE SCHMITT !/ 'TJ, x ro n x p a b �, m ,. ` 7-- E 'a ,A` tzi Vi O ro tzi x o m N- 0 11 ru rt. • Z,, - - . <-- O H r O 4# H a (D rr 0 n K N• .� ► H H CC�-\ r) X Cr a fa, a) N ((D W ~ !"' rnr `_♦,s f I * H O H tr] 0 Cr 0 0 HI /. ' to H Z H Z W r, O H rt PZI o (t. 4 ,.... /--\ • o 5i bi rr N0 HI Nt m P., CITY OF WATERLOO, IOWA COUNCIL RECORD 13. that rules requiring ordinances to be c ered an ed for passage at two prior meetings be suspended. Ayes: Motion carried. t7/ -/-7 AYES NAYS ABSENT ABSTAIN MS. COLE /V MR. GETTY MR. HART MR. GREENWOOD MR. STEVE SCHMITT • MR. WELPER 0 MR. REGGIE SCHMITT I/ 47 ' tx1 txi 0 't tri w o H r '8 H RR• m rrr O 0 n N C''\ fD ' Xi H ~ i� a m C �' n o n • ! H H 0 c* a fD CD (D W rr O H >1 H. a 0, a o + �' ► Z 0 H CP if 1Q) o I ZZ o 4 (N "-- r ` ; t..) g I - a o 0 rr a t CITY OF WATERLOO, IOWA COUNCIL RECORD 13 . that "an Ordinance amending the 2007 Code of Ordinances of the City of Waterloo, Iowa, by repealing Section 5-1B-1, Definitions, Section 5-1B-4 Dangerous Dogs Prohibited, and Section 5-1B-6, Restrictions on Possession of Animals, of Article B, Dangerous Animals and Dogs, of Chapter 1, Animal Control, of Title 5, Police Regulations; and enacting in lieu thereof new Section 5-1B-1, Definitions, Section 5-1B-4 Dangerous Dogs Prohibited, Section 5-1B-6, Restrictions on Possession of Animals, and Section 5-1B-7, Registration of Potentially Dangerous Dogs, of Article B, Dangerous Animals and Dogs, of Chapter 1, Animal Control, of Title 5, Police Regulations (new definitions, violation registry, new section on potentially dangerous ogs) " , be conside e and assed_ the third time and adopted. Ayes: Ordinance adopted and upon approval by Mayor assigned No. L/9 0 . AYES NAYS ABSENT ABSTAIN MS. COLE (/ MR. GETTY MR. HART V MR. GREENWOOD 1/" MR. STEVE SCHMITT MR. WELPER MR. REGGIE SCHMITT 4 r• m K ro 0 U SI H H n w ;41.111, H CO ki \ o W 0 � �� �. + O 7' H it H t 1 r 1 fl Pi Si ti .. 0 ill; rr a M ti , -....:,N 4g . o A, SJ This Ordinance prepared by Nancy Eckert, City Clerk, 715 Mulberry Street, Waterloo, Iowa. ORDINANCE NO. 4900 AN ORDINANCE AMENDING THE 2007 CODE OF ORDINANCES OF THE CITY OF WATERLOO, IOWA, BY REPEALING SECTION 5-1B-1, DEFINITIONS, SECTION 5-1B-4, DANGEROUS DOGS PROHIBITED, AND SECTION 5-1B-6, RESTRICTIONS ON POSSESSION OF ANIMALS, OF ARTICLE B, DANGEROUS ANIMALS AND DOGS, OF CHAPTER 1, ANIMAL CONTROL, OF TILE 5, POLICE REGULATIONS; AND ENACTING IN LIEU THEREOF NEW SECTION 5-1B-1, DEFINITIONS, SECTION 5-1B-4, DANGEROUS DOGS PROHIBITED, SECTION 5-1B-6, RESTRICTIONS ON POSSESSION OF ANIMALS, AND SECTION 5-1B-7, REGISTRATION OF POTENTIALLY DANGEROUS DOGS, OF ARTICLE B, DANGEROUS ANIMALS AND DOGS, OF CHAPTER 1, ANIMAL CONTROL, OF TITLE 5, POLICE REGULATIONS . BE IT ORDAINED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA: That Section 5-1B-1, Definitions, Section 5-1B-4, Dangerous Dogs Prohibited, and Section 5-1B-6, Restrictions on Possession of Animals, of Article B, Dangerous Animals and Dogs, of Chapter 1, Animal Control, of Title 5, Police Regulations, are hereby repealed in their entirely; that new Section 5-1B-1, Definitions, Section 5-1B-4 Dangerous Dogs Prohibited, Section 5-1B-6, Restrictions on Possession of Animals, and Section 5-1B-7, Registration of Potentially Dangerous Dogs, of Article B, Dangerous Animals and Dogs, of Chapter 1, Animal Control, of Title 5, Police Regulations, are hereby enacted in lieu thereof as follows : CHAPTER 1 ANIMAL CONTROL ARTICLE B: DANGEROUS ANIMALS AND DOGS 5-1B-1 : DEFINITIONS : DANGEROUS ANIMAL: A. Any animal or species of animal which is not naturally tame or gentle, and which is of a wild nature or disposition, and which is capable of killing, inflicting serious injury upon, or causing disease among human beings or domestic animals and having tendencies as a species to do so; or B. Any animal declared to be dangerous by the city council or an animal control officer. C. The following animals shall be deemed dangerous animals, but not limited to: lions, tigers, jaguars, leopards, cougars, lynx, ocelots and bobcats; black bears, polar bears, and grizzly bears; crocodiles and alligators; all venomous and constricting snakes; wolves and foxes; badgers, wolverines and weasels . A ferret shall not be deemed a dangerous animal . DANGEROUS DOG: A. Any dog with a known propensity, tendency, or disposition to attack unprovoked, to cause injury to, or to otherwise endanger the safety of humans or other domestic animals; or B. Any dog which attacks a human being or other domestic animal without provocation. Ordinance No . 4900 Page 2 GUARD DOG: Any dog trained or used to protect persons or property by attacking or threatening to attack any person found within the area patrolled by the dog and that is either securely enclosed within that area at all times or under the continuous control of a trained handler. (Ord. 3601, 11-21-1988) 5-1B-4 : DANGEROUS DOGS PROHIBITED : A. Applicability of Section: The provisions of this section shall apply to adult dogs only, which shall mean any dog over the age of six (6) months . B. Keeping Prohibited: No person shall keep, shelter or harbor as a pet, within the city, a "dangerous dog", as defined in section 5-1B-1 of this article. C. Dogs at Large : A dangerous dog is "at large" if such dangerous dog is not securely confined indoors or confined in a securely enclosed and locked pen or structure upon the premises of the owner or caretaker of such dog. D. Destroy Dangerous Dogs : In the event that a dangerous dog is found at large and unattended upon public property, park property, public right of way, or the property of someone other than its owner or caretaker, thereby creating a hazard to life or property, such dangerous dog may, in the discretion of the animal control officer, be destroyed if it cannot be captured and confined. The city shall be under no duty to attempt the confinement or capture of a dangerous dog found at large, nor shall it have a duty to notify the owner of such dangerous dog prior to its destruction. E. Notice of Violation; Confinement : In the event the animal control officer determines that a dangerous dog is being kept, sheltered or harbored by any individual or entity in violation of the provisions of this article, which determination may be based on direct observation or on clear and convincing credible evidence (such as photographs, witness affidavits, or other physical evidence) that the dog qualifies as dangerous under the definition of dangerous dog found in ordinance 1-5B-1 , the animal control officer may, in his or her discretion, have such individual or entity prosecuted for such violation. After making a finding that the dog is a dangerous dog, animal control shall issue a written notice of violation, directed to such individual or entity, and delivered personally or by certified mail . Such determination of the animal control officer shall be appealable to the city council, which may affirm or reverse such order, and the notice shall so state. At the time such notice is issued, the dog shall be taken into the custody of animal control and confined at the owner' s expense at the Cedar Bend Humane Society, at a veterinarian or at a kennel until such time as the owner agrees in writing to remove or destroy the animal or the city council has ruled on an appeal of the dangerous dog finding. F. Appeal Procedure: (1) Any individual or entity desiring to appeal a determination by the animal control officer to the city council may do so by filing a written appeal within seven (7) days after receipt of the notice. The notice of appeal shall state the grounds for such appeal and shall be delivered personally or by certified mail to the city clerk. The appeal cannot be filed until all costs incurred to date in caring and providing for the dog are paid and a bond is posted with the city in an amount totaling the current daily rate of impoundment at animal control multiplied by 45 days, but not to exceed $500 . 00 . The bond may be filed as a cash bond or if signed by a surety company, then a solvent company authorized to do business in the state and in the county, which is acceptable to the city. If the city council ultimately finds the dog not to be dangerous, all Ordinance No. 4900 Page 3 costs paid and any bond posted by the owner shall be refunded to the owner. In the event that the dangerous dog finding is upheld on appeal, any costs incurred in caring for the dog through the appeal process shall be charged against the bond. (2) The hearing on the appeal shall be scheduled for a date within thirty (30) days of the receipt of notice of appeal and shall be scheduled for no more than thirty (30) minutes in length or such additional time as the city council in its discretion may deem necessary. If the appellant desires additional time, he or she must make application to the city council for an extension at least seven (7) days prior to the hearing. The appeal hearing shall be simple and informal, without regard to technicalities of procedure or rules regarding admissibility of evidence . The city council may consider any evidence it considers credible, including written summaries and other secondary sources, and give such weight to the evidence as it considers warranted. After such hearing, the city council may affirm or reverse the finding of the animal control officer. Such determination shall be contained in a written decision and shall be filed with the city clerk within ten (10) days after the hearing, or any continued session thereof. G. Failure to Comply with Order: (1) If the city council affirms the action of the animal control officer, the city council shall also order in its written decision that the individual or entity owning, sheltering, harboring or keeping such dangerous animal, remove such animal from the city or destroy it . The decision and order shall immediately be served upon the person or entity against whom rendered in the same manner as the original notice of violation. (2) If removal is permitted, the dog will not be returned to the owner until the owner executes a form provided by the city which includes the following: (a) identifying information for the dog, (b) the location to which it will be removed, and (c) the date of removal . The owner must also pay all cost and expense of impoundment incurred to date before the dog will be released and the bond lifted. If within seven (7) days of issuance of the order the owner fails to complete the application for removal and pay the cost and expense of impoundment, fails to petition the Black Hawk County District Court for review of the order, or otherwise fails to take action, then animal control shall cause the animal to be destroyed in a humane manner. If the animal is ordered destroyed by the city council and the owner fails to file a petition for review of the order with the Black Hawk County District Court within seven (7) days of its issuance, the animal will be destroyed in a humane manner. Failure to comply with an order of the city council issued pursuant hereto shall constitute a misdemeanor, and be punishable by a fine of not less than fifty dollars ($50 . 00) , or constitute a municipal infraction. Anydog Permanent Identification Required:q found to be dangerous by an animal control officer, regardless of the outcome of any appeal, prior to being released to its owner shall be assigned a registration number by animal control which shall be affixed to the dog by permanent microchip implant, tattoo or some other permanent means, by a licensed veterinarian or other person acceptable to the city, at the owner' s expense. If multiple forms of identification are available, the owner may select the type to be used. No person shall remove or alter such identification once it is affixed. I . Return of Dangerous Dog: If a dangerous dog is removed from the city pursuant to order of animal control or the city council under this ordinance and is subsequently found within city limits following the date the owner agreed to removal, such action will constitute a separate and independent violation of this ordinance. In addition, a dangerous dog ordered removed which is Ordinance No. 4900 Page 4 found within the city limits after the removal date will be destroyed by the city without further action or possibility of appeal, and the costs of such destruction will be charged against the party prosecuted for the offense. 5-1B-6 : RESTRICTIONS ON POSSESSION OF ANIMALS : A. Persons Convicted Under State Law On Animal Contest Events : Any person who has been convicted of an offense under Iowa Code 717D. 2 shall be prohibited from owning, keeping, sheltering, or harboring within the city limits any animal of the same type (e . g. , dog, cat, etc. ) involved in or at issue in such offense . B. Persons Convicted Under This Article : Any person who has been twice convicted of a misdemeanor and/or a municipal infraction under section 5-1B-4 of this article shall be prohibited from owning, keeping, sheltering, or harboring any dog within the city limits . (Ord. 4825, 7-24-2006) C. Violation Registry: Animal control shall keep a registry of names and addresses of individuals with convictions for violating Iowa Code 717D. 2 and City of Waterloo ordinance 5-1B-4 . Any individual on this registry is subject to the restrictions on ownership found in ordinance 5-1B-6, regardless of whether the individual changes addresses or moves to a different residence. An individual will be in violation of this ordinance so long as the prohibited animal is found in their residence regardless of any claim that the animal belongs to someone else residing at the residence. 5-1B-7 : REGISTRATION OF POTENTIALLY DANGEROUS DOGS : A. Definitions : (1) Any dog which meets one or more of the following criteria will be considered a `potentially dangerous" dog subject to registration under this ordinance: a) A dog which has caused an injury to a person or a domestic animal that is not severe enough to result in a broken bone or a laceration requiring multiple sutures . b) A dog found running at large if the owner has been cited by Black Hawk County Animal Control (hereinafter "Animal Control") for any reason three (3) or more times within any twelve month period. (2) No dog shall be declared "potentially dangerous" under the following circumstances : a) Where the dog is used by a law enforcement official for approved law enforcement purposes . b) Where the threat or injury was sustained by a person who was committing a willful trespass upon the premises lawfully occupied by the owner or possessor of the dog, and the dog was properly confined as required by the Code of Ordinances . c) Where the threat or injury was sustained by a person who was committing or attempting to commit a crime on the property of the owner or possessor of the dog. d) Where the threat or injury was sustained by a person due to the person torturing, abusing, or assaulting the dog, or intentionally inflicting pain on the dog without lawful justification, or in the process of treating or rendering aid to a previously injured animal . e) Where the threat or injury was sustained by a domestic animal that was at large and entered a confined area of the dog. Ordinance No. 4900 Page 5 B. Registration Requirement and Penalty for Failure to Register: If Animal Control determines that a dog meets the definition of "potentially dangerous" pursuant to subsection A, the dog cannot be owned, sheltered, housed, harbored, kept, or maintained within the city limits of Waterloo unless the owner or possessor completes a registration . with Animal Control and receives a registration certificate authorizing ownership or possession of the dog. The owner or possessor of the dog must obtain the registration certificate within (7) days following the date that Animal Control notifies the owner or possessor that the dog is potentially dangerous . Any person found to own, shelter, house, harbor, keep, or maintain a dog which qualifies as a potentially dangerous dog under this section who has failed to register said dog will be guilty of a misdemeanor and will be fined in an amount not to exceed $50 (fifty dollars) and/or a municipal infraction violation. C. Registration Form. An owner or possessor of a dog determined to be potentially dangerous by Animal Control must execute a registration form with Animal Control which includes the following information: (a) name, address, and telephone number of the owner or possessor, including proof that the owner or possessor is over the age of 18; (b) the name and detailed physical description of the potentially dangerous dog; (c) a photograph of the dog taken by animal control; (d) a registration number assigned by animal control to the dog; (e) veterinarian information for the dog; (f) proof of a current rabies vaccination number and expiration date (a copy of which must be retained by Animal Control) , (g) city license number (a copy of which must be retained by Animal Control) ; (h) microchip or tattoo number as provided by subsection E of this ordinance; (i) a detailed description of the incident or incidents leading Animal Control to classify the dog as potentially dangerous; and (j ) sufficient proof that the applicant has proper facilities where the animal can safely be kept to prevent it from getting loose (proper facilities means secure confinement indoors or secure outdoor confinement in a locked pen or structure at least 6 feet in width, 12 feet in length, and 6 feet in height, which is capped and has solid flooring to prevent the dog from digging out) . D. Registration Fee and Proof of Insurance. In addition to completion of the registration form, an owner or possessor of a dog considered potentially dangerous must pay a registration fee of $50 . 00 (fifty dollars) to register the dog with Animal Control and provide proof of liability insurance to Animal Control totaling a minimum of $300, 000 which will provide coverage for injuries that may be caused by the animal . Failure to pay the registration fee or to provide proof of insurance will result in denial of registration. E. Permanent Identification: The registration number assigned by Animal Control under this ordinance shall be affixed to the potentially dangerous dog by permanent microchip implant or tattoo by a licensed veterinarian or other person acceptable to the city, at the applicant' s expense. No person shall remove or alter such identification once it is affixed. F. Issuance of Registration Certificate: If all requirements of this ordinance are met, the applicant will be issued a registration certificate entitling them to own, maintain, possess, or shelter the potentially dangerous dog within city limits . G. Prohibition on Registration for Owners with Prior Convictions : An applicant who has previously been convicted of an offense under Iowa Code 717D. 2 or who has been convicted of a misdemeanor and/or a municipal infraction under section 5-1B-4 of the Ordinance No. 4900 Page 6 Waterloo Code of Ordinances shall not be permitted to register a dog under this section 5-1B-7 . H. Exception for Veterinarians and Shelters : The provisions of this section will not apply to any licensed veterinarian or animal shelter. I . Renewal of Registration: A registration certificate issued pursuant to this ordinance must be renewed annually. The owner or possessor of the potentially dangerous dog may renew the certificate for an additional twelve months following expiration of their current registration certificate provided that they pay the registration fee of $50 (fifty dollars) , provide proof of insurance, and update any information provided in the original application. J. Additional Responsibilities of Potentially Dangerous Dog Owners : 1) An owner or possessor of a dog registered as "potentially dangerous" must contact Animal Control immediately if the dog is loose or not confined, has attacked another domestic animal, or has attacked a human being. 2) An owner or possessor of a dog registered as "potentially dangerous" must contact Animal Control within 48 hours of the dog' s death. Documentation from a veterinarian or physical proof that the dog is deceased will need to be provided to Animal Control . 3) An owner or possessor of a dog registered as "potentially dangerous" must contact Animal Control within 48 hours if the dog has been sold or given away. If the dog has been sold or given away, the owner shall provide Animal Control with the name, address, and telephone number of the new owner of the dog 4) An owner or possessor of a dog registered as "potentially dangerous" must have the animal spayed or neutered within thirty (30) days of issuance of the registration certificate and provide documentary proof of same to Animal Control within ten (10) days of the procedure. K. Removal of Registration Requirement : In the event that any dog determined to be potentially dangerous has not exhibited any reported behaviors outlined in section A of this ordinance within three (3) years of the "potentially dangerous dog" registration, the dog' s registration requirement may be reviewed upon owner request by Animal Control, which may lift the requirement of annual registration. In the event Animal Control chooses to lift the registration requirement, the dog in question may still be declared dangerous at any future date if it again exhibits any of the behaviors outline in section A of this ordinance . In the event Black Hawk County Animal Control chooses to maintain the registration requirement for an animal, such decision shall be appealable to the City Council . L. Dangerous Dog Finding: If a dog that has been registered as a "potentially dangerous dog" is reported to have exhibited behaviors described in section A two (2) times after registration within any consecutive 12 month period, such dog will automatically be deemed a "dangerous dog" and be subject to other City of Waterloo ordinances regulating such dogs . If a dog has been registered as a "potentially dangerous dog" and at any time subsequently kills or causes serious injury to a person or domestic animal (serious injury meaning any injury resulting in broken bones or lacerations requiring multiple sutures) and no exception in this ordinance applies, said dog will automatically be deemed a dangerous dog subject to City of Waterloo ordinances regulating dangerous dogs . Ordinance No. 4900 Page 7 INTRODUCED: February 25, 2008 PASSED 1ST CONSIDERATION: February 25, 2008 PASSED 2ND CONSIDERATION: March 3, 2008 PASSED 3RD CONSIDERATION: March 3, 2008 PASSED AND ADOPTED by the City Council of the City of Waterloo, Iowa, on the 3rd day of March, 2008, and approved by the Mayor on the 5th day of March, 2008 . Tim Hurley, Mayor ATTEST: CCLj-- Nancy Ec rt, CMC City Cle CERTIFICATE I, Nancy Eckert, City Clerk of the City of Waterloo, Iowa, do hereby certify that the preceding is a true and complete copy of Ordinance No. 4900, as passed and adopted by the Council of the City of Waterloo, Iowa, on the 3rd day of March, 2008 . Witness my hand and seal of office this 5th day of March, 2008 . SEK� Nanc Ecl rt, CMC City Cle CITY OF WATERLOO, IOWA COUNCIL RECORD NEW BUSINESS 14. that communication from Senior Planner transmitting request to vacate the alleys generally located between West 3rd Street and West Park Avenue, and between Commercial Street and Washington Street to allow for construction of the Waterloo RiverLoop Expo as part of the Waterloo Downtown Redevelopment Master Plan, together with recommendation of approval of Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as March 17, 2008, at 5:30 p.m. in the City Hall Council Chambers on the above described development agreement" , be adopted and City Clerk instructed to publish notice of same. Ayes: --// Resolution adopted and upon approval by Mayor assigned No. 2008- ,ID . AYES NAYS ABSENT ABSTAIN MS. COLE '-MR. GETTY MR. HART MR. GREENWOOD MR. STEVE SCHMITT •tr # MR. WELPER MR. REGGIE SCHMITT pd PO P N ti cD n it/ 0 m CD �V Icir mct CD 1-3O H ry ttzl r, 0, al 0 co IA L A Z n ti g H.0 a X 0 •_ H O 1-3 o b ..� � r �. O z H z ' 4 z O low y a Pj 'j 1 t ' �\` ►.- o No ,.....e lip- 1 hi * i t N ( \ Y iiii , M Lk) L This Resolution prepared by Nancy Eckert, City Clerk, 715 Mulberry Street, Waterloo, Iowa. RESOLUTION NO. 2008-170 RESOLUTION FIXING THE TIME AND PLACE OF HEARING AND NOTICE TO BE GIVEN ON THE VACATION OF THE ALLEYS GENERALLY LOCATED BETWEEN WEST 3RD STREET AND WEST PARK AVENUE, AND BETWEEN COMMERCIAL STREET AND WASHINGTON STREET AS MARCH 17, 2008, AT 5 : 30 P.M. IN CITY HALL COUNCIL CHAMBERS, WATERLOO, IOWA 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 City Hall Council Chambers in the City of Waterloo, Iowa at 5 : 30 p.m. on the 17th day of March, 2008, for the purpose of considering and acting upon a proposal to vacate the alleys generally located between West 3rd Street and West Park Avenue, and between Commercial Street and Washington Street, and legally described as follows : The twenty (20) foot wide public alley in Block 15 of the Original Plat of Waterloo West that lies Northeasterly of and adjoining Lots 6 through 10 of Block 15 of said addition; and that part of Park Avenue that lies Northwesterly of a line ten (10) feet Southeasterly of the Southeasterly line of Block 15 of said addition and Southeasterly of a line drawn between the most Easterly corner of Lot 10 of Block 15 of said addition and the most Southerly corner of Lot 1 of Block 15 of said addition; all in the City of Waterloo, Black Hawk County, Iowa, subject to the City' s retention of a utility easement over, under and above the above described property, with said easement being for the benefit of existing utilities only; And also; The twenty (20) foot wide public alley in Block 6 of the Original Plat of Waterloo West that lies Northeasterly of and adjoining Lots 6, 7, 8 and the Northwesterly ' of Lot 9 of Block 6 of said addition; all in the City of Waterloo, Black Hawk County, Iowa, subject to the City' s retention of a utility easement over, under and above the Northwesterly sixty (60) feet thereof of the above described property, with said easement being for the benefit of existing utilities only. Section 2 . That the City Clerk is hereby directed to publish notice of the time and place of said hearing in the Waterloo Courier. Resolution 2008-170 Page 2 PASSED AND ADOPTED this 3rd day of March, 2008 . Tim Hurley, Ma r ATTEST: C7:e,:44etf- Nancy Ecke , CMC City Clerk f�i Al, I , CITY WATERLOO .... ..�.. WATERLOO PLANNING, PROGRAMMING & ZONING COMMISSION 0 715 Mulberry St. • Waterloo, IA 50703 • (319) 291-4366 Fax (319) 291-4262 ��°r1 00 DONALD J.TEMEYER • Community Planning&Development Director February 26, 2008 (ciaierm 3- / "1 _O g- Mayen Honorable Tim Hurley,Mayor TIMOTHY J. City Council Members HURLEY City Hall Waterloo, Iowa covNCII. MEMBERSRE: Vacate of the Alleys Between W 3rd Street and W Park Avenue, and Between Commercial Street and Washington Street,for the Waterloo RiverLoop Expo. REGINALDTTA. Dear Mayor and Council: SCI3�MITT Y Ward 1 Transmitted herewith is the request that the City vacate the alleys in Block 6 and CAROLYN Block 15 of the Original Plat of Waterloo West, between Commercial Street and COLE Washington Street, and between W 3rd Street and W Park Avenue to allow for the TEed 2construction of the Waterloo RiverLoop Expo, a component of the Waterloo HAROLD Downtown Redevelopment Master Plan. The development would include exhibition CETT c" grounds and a public market. The plan includes the addition of several new parking Mari 3 lots, and the reconfiguration of existing parking areas that serve Community National Bank at 422 Commercial Street and MidWest One Bank at 405 Jefferson QUENTIN M. Street. The City of Waterloo owns all of the other properties within the two blocks, waoand all remaining buildings have been or will be demolished, with the exception of t1'wri the building at 327 W 3rd St, the former Chemlawn building, which will be utilized RON for the Public Market. The areas requested to be vacated would not appear to be WELDER needed for right-of-way purposes. There are existing utilities running through wont i portions of the areas to be vacated. A utility easement will need to be retained over BOB the entire area to be vacated in Block 15, and a utility easement will need to be retained over the northwesterly 60 feet of the area to be vacated in Block 6. There is GREENWOODCRE t,_L ,,, also a private access easement in Lot 3 of Block 6 that will need to be terminated by agreement between the City of Waterloo and Community National Bank that will be STEVE addressed by separate action. SCH MIT 1 At-La, r The alleys only need to be vacated, as the request does not involve a sale or conveyance, as the property will remain in the ownership of the City of Waterloo. The Planning, Programming and Zoning Commission recommended approval of the vacation at their regular meeting on November 6, 2007, as there is no present or anticipated future need of the alleys for right-of-way purposes, and the vacation would not affect traffic conditions or the neighborhood. Please find attached a legal description, staff report, and an aerial photo of the site. Therefore,we would ask that the City Council set a date of public hearing and publish an official notice pertinent to the request to vacate,the requested portions of public alley as described herein, subject to the retention of a utility easement over, under and upon portions of the areas to be vacated as described herein. If you have any questions or�e�e� anQg ditional i9fo�rmation regarding this matter, please contact our office. C i'1'Y7 BSI 1 . ww.ctwa er oo.taus WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Sincerely, Aric Schroeder Senior Planner Attachments cc: Donald J. Temeyer, Community Planning&Development Director Noel Anderson, City Planner--File 21 November 6,2007 REQUEST: TO VACATE THE ALLEYS AND AN EASEMENT BETWEEN W 3RD STREET AND W PARK AVENUE,AND BETWEEN COMMERCIAL STREET AND BLUFF STREET TO ALLOW FOR THE DEVELOPMENT OF THE WATERLOO RIVERLOOP EXPO. APPLICANT(S): City of Waterloo, 715 Mulberry Street, Waterloo IA, 50701. GENERAL The applicant requests approval of the vacate of the public alley in DESCRIPTION: Block 6 and the public alley in Block 15 of the Original Plat of Waterloo West, and to vacate an easement in Lot 3 of Block 6 of the Original Plat of Waterloo West adjacent to 422 Commercial Street for the Waterloo RiverLoop Expo. IMPACT ON The request would not appear to have a negative impact on the NEIGHBORHOOD & neighborhood, as it would provide for the development of the SURROUNDING LAND Waterloo RiverLoop Expo, a component of the Waterloo Downtown USES: Redevelopment Master Plan and a catalyst for the downtown revitalization effort. Surrounding uses include: North —Community National Bank and Waterloo Public Library East- Convention Center and commercial businesses South- Highway 218 West- Operation Threshold, commercial businesses & homes VEHICULAR & W 3rd Street and Washington Street are classified as Local Streets, PEDESTRIAN TRAFFIC W Park Avenue, Commercial Street, and Jefferson Street are CONDITIONS: classified as Collectors, and Highway 218 is classified as a Principal Arterial. Pedestrian paths already exist along all streets. The proposed development would not appear to have a negative impact on traffic conditions in the area, as the plan inc ludes additional parking lots, which would improve traffic conditions in the area by adding additional off-street parking. RELATIONSHIP TO The Highway 218 Trail is located to the south and the future Cedar RECREATIONAL TRAIL River Trail is under construction to the north. PLAN: ZONING HISTORY FOR The property in question and surrou nding properties has been SITE AND IMMEDIATE zoned "C-3" Commercial District (Central Business District) since VICINITY: adoption of the Zoning Ordinance in 1969, except for the block to the west (which includes Operation Threshold) that is zoned "M-1" Light Industrial District and has been zoned as such since adoption of the Zoning Ordinance in 1969. BUFFERS REQUIRED/ No buffers would appear to be needed. The proposed Downtown NEEDED: Riverfront Exposition Area will incorporate landscaping and plantings to help beautify the area. DRAINAGE: A new storm sewer is being installed to insure adequate drainage for the site. DEVELOPMENT The City of Waterloo has acquired all properties within the two HISTORY: blocks in question except for Community National Bank at 422 Commercial Street and MidWest One Bank at 405 Jefferson Street. All properties acquired by the City will be demolished to accommodate the Waterloo RiverLoop Expo, except for the building at 327 W 3rd St (former Chemlawn building). 327 W 3rd St will be City of Waterloo Downtown Riverfront Exposition Area Alleys and Easement Vacate Page 1 of 3 22 November 6,2007 utilized for a public market building for local food producers to bring their business to the dow ntown and to serve as a community space to gather and enjoy the downtown and regional products, while the rest of the properties would be utilized for exhibition grounds and outdoor exhibit space. The area would create the outdoor space necessary to attract trade shows and conventions to Waterloo, and would draw residents to the downtown area for community festivals and markets. The plan includes the addition of several new parking lots, and the reconfiguration of existing parking areas that serve the two existing banks. Also, Jefferson Street, which runs through the two-block area in question, may be blocked off if needed during large events, but will not be vacated. FLOODPLAIN: The property is located within the Zone B, 500-year floodplain, as determined by the Flood Insurance Rate Map (Community # 190025 Panel#0012) ad ministered by the Federal Emergency Management Agency (FEMA). The area is protected from the 500- year flood by the flood control levee along the Cedar River. PUBLIC/OPEN There are in question will become a public open space, and there is SPACES/SCHOOLS: additional public open space to the south along and under Highw ay 218 no schools. The public library is also located to the north. UTILITIES: WATER, There is sanitary sewer, overhead electric, and a gas line i n portions SANITARY SEWER, of the areas requested to be vacated, and utility easements will STORM SEWER, ETC. need to be retained. RELATIONSHIP TO The Future Land Use Map designates this site as Commercial. The COMPREHENSIVE proposed Waterloo RiverLoop Expo has been app roved by Special LAND USE PLAN: Permit for the site, and is in conformance with the Future Land Use Map and Comprehensive Plan. STAFF ANALYSIS — The City of Waterloo recently completed the "Waterloo Downtown ZONING ORDINANCE: Redevelopment Master Plan", which divides the downtown area into districts and lays out a plan for short and long term redevelopment and revitalization of the Waterloo's downtown and riverfront area. The Waterloo RiverLoop Expo, including the exhibition grounds and public market, is identified in the "Master Plan" as an "Econom is Expansion Zone", which calls for this area to be developed into a "multi-use outdoor facility". The Board of Adjustment approved a Special Permit for the establishment of the use in May of 2007. Although the area in question will remain public, and will still have parking on it, including access to the parking areas, the platted public alleys need to be vacated so they will not be considered public roadways. There is existing sanitary sewer and overhead electric in portions of the alleys to be vacated, so a utility easement will need to be retained. Midwest One Bank currently has 4 parking stalls and a drive-thru lane that utilize the alley in Block 6 for access, however their parking lot will be reconfigured, and the bank has entered into an agreement with the City regarding the reconfiguration of their parking lot. The easement to be vacated is located along the east side of lot 3, adjacent to the Community National Bank, and needs to be vacated du e to a change in property lines that will be created with a land swap between the City of Waterloo and the bank. The easement was created by mutual agreement of previous property owners for the purpose of creating a City of Waterloo Downtown Riverfront Exposition Area Alleys and Easemen t Vacate Page 2 of 3 November 6,2007 23 joint access agreement, but would not longer be necessary based on the configuration of the proposed parking lot. STAFF Staff recommends that the requ est to vacate the alleys and RECOMMENDATION: easement be approved for the following reasons: 1. The request would not appear to have a negative im pact on the area, but would rather have a positive impact by catalyzing the downtown revitalization effort. 2. The request would not appear to have a negative im pact on traffic conditions in the area. 3. The request is in conformance with the Future Land Use Map and the Waterloo Downtown Master Plan Update. And subject to the following conditions: 1. The retention of a utility easement over the west 60' of the alley in Block 6 and retention of a utility easement over the entire alley in Block 15. City of Waterloo Downtown Riverfront Exposition Area Alleys and Easement Vacate Page 3 of 3 riWe 41 4. Request to Vacate the public alleys and an easement in Block • and Block 15 of the Original Plat of Waterloo West, between W 3rd St and W Park Ave, and between Commercial St and } Washington St, for the Downtown Riverfront Exposition Area. Commercial St • , Easement to be Vacated mir 11 : '- (If((� , cF Alk, Community } " `� w National t _ _ ' . , [-. ' i Bank • a I ; Alley to be Vacated t r , ConvenUony ... - =LS - ' �-..�.�.. # 3..Center , - -r Iif//ii...//// -:Z. Y4 r ^f0 4.4 rM€ Midwest r u One ghgerr t Bank `" . .. , ! ' 1 ,. "_ r ... ;.; �" . . ar Jefferson St l f . r I Alley to be Vacated '"' '• 'i ! .. _ .hi.....iNkir 4il - r _ . Fir R _ __ _ . . 2. ` w t • •,�` til } Washington St ' "g _ 4 r . :.._._.. 0 1I 50 0 100 _ — GJ ,. i�e� s __a Hwy218 illi • I KURT STREET f \ ^fir � • . t .....,s, i . a • • • i:)).t • ', ' I • • i • • 1 • • �1; ' ( ! O - I f 3 --I • 4 •, , / ,. ., •i , , , , P (I r . 4 ,-- O , . . ______.• / O ,..___ � 4\ �� _ T,I ' is f ' 1 �� , a dov'RR� . `7 $. — _ _ N. rh .iced ,� p CA ; i c • x_._ _ _ r. a _Ai r,- .,---'.7.!.fii, 7/4:, iii ;'1'.',..';'.2 -J : il IP '` ' p_0_.) , Ili Itez, . . . U - , ,. , C. .n ' — f Q 1 MI _, n a ,'1 = I EP,' " -V i I* i jiff 9iii Ijil.f 9011, 114'lig s" C Tri r 1 iYyf i7k1 ByiF`t{t`' O~ •1 t -r: ' • ! # Eft E [ 1;1' 4.ii vl tri i i_11 8 ��Y y , 11 0'b N 0 26 Request to Vacate Alleys and easement between Commercial St and Washington St, and between W 3rd St and W Park Ave 98.2oQ t q COHHEF?C/,IL , , , ' .N)t) 'z, A s- ,,;4 4 ,,- - 0 --4i td k In (� 2 ' s Co ', = V 80 2As- 804 ,44 O 207AN ai a9 , 2 t 1 h a M N h. i7'") ti "' 213 zit 74.E 8Z \if* d" xs.s ' VACATED O73 oR0.4350 4-1aa99 \\4-a5\N 1 MiSC.334-845 "r; b M 217 { 2/4 + a 2/9 3 c O 2/B 1 A lt„..v, —,�" O s rF v ., Qi . If:: - fii'K' , ''')'"4 - a �I 60 �� k, q Ems, �,N ,o. A Q I - a lb., , o % =_""JFFFEIPSON -° ;~', o. it O 6 O em - d'O a a cv It)! I .. 1 80 sae f . 3t4 27 Request to Vacate Alleys and easement between Commercial St and Washington St, and between W 3rd St and W Park Ave Jefferson St izs_cam#* z h; 0 CJ o ( ' ,,,,Lr----, t'., ;S .,i 114). 41 It' V 'ir '4' c11 * '.'\:, i 1) . v • . 4. 3/7 ivit % r,-- . ti. , :: ,,,,,,J.,-,\:,, ` f323Q $29 6 d a �.�. a P NA STREET 28 City of Waterloo Planning&Zoning Department 715 Mulberry Street,Waterloo,Iowa 50703 (319)291-4366 ❑ Offer to Vacate and Purchase City Right-of-Way ❑ Request to Vacate Easement or Encroachment Agreement ❑ Sale of City-Owned Property Applicant: G I' y Od- Wa4 L) Address: ^)t S A'LL 191 S� Phone No.: a Q ` `{366 General Description of Property to Vacated(i.e.-alley between A St.&B St.,South of C St.): �µµ_-V c oLlk-ty5 Aw& otN se -ew1 lock 6 ektiuk Gloc . o - +k-e O✓tl►'v'a( f AeA\-o \Jc6-c.000 Ul,.c.s � -v..ev' ix) 3(6k S 4- actj Legal description of area to be conveyed,vacated,or encroached: 1. A non-refundable filing fee(s)shall be made as follows(checks payable to City of Waterloo): • Right-of-way vacation—One Hundred Dollar($100.00)Filing Fee • Easement vacation or Encroachment-Fifty Dollar($50.00)Filing Fee • Sale of city-owned property not required to be vacated—No Fee • Any request not meeting the Sale of Property Policy—One Hundred Dollar($100.00)Fee .4 Offer Price*[Note:If the offer price meets the Sale of Property Policy(see attached)the request will not be required to be reviewed by the Building&Grounds Committee.] • Asking price(see attached Sale of Property Policy for how calculated): • Deductions • May decrease price by 50%for area located within an easement: • May decrease price for the City tax that will be collected on the land within 5 yrs(8 yrs inside of the CURA): • Costs(surveying&misc.,demolition,remove of curbs,etc): Asking price—Deductions=Value of Property: Offer Price for Entire Area: Note: The above information is a summary of the Sale of Property Policy(see attached). All requests to vacate and purchase City right-of-way must be accompanied by a signed"Intent to Vacate"form for each abutting property to the area to be vacated. Any request that fails to meet the Sale of Property Policy shall not be forwarded to the Building and Grounds Committee or City Council.Any such applicant shall need to request review to Building and Grounds through a City Council member. 3. Publication and Recording Fees*: At the time a buyer(s)has been selected,all publication costs and recording fees must be paid by the applicant. Applicant shall be responsible for collecting from other buyers. 4. Easement*: The following easement shall be retained: 8. Other: Please provide a site plan and/or aerial photo of the area to be vacated if the request involves additional constructi. the reason for the request. rA Applicant Date *Not required for easement vaca .: or : •achment Agreements 29 City of Waterloo Vacate Alleys and Easement for the Downtown Riverfront Expo Area ; i 4 ;`^s:« -- 4 - ;ll, Mom., . r ,-, %6's'R ?d t ' gym,.3+s,,:=n `<` k = yid *g•t.m r r.FAN� ' ��v t. 4 Standing along W 3rd St looking southeasterly Standing along W 3`d St looking southeasterly through the alley proposed to be vacated in through the alley proposed to be vacated in Block 15 of the Original Plat of Waterloo Block 6 of the Original Plat of Waterloo West. West. The entire block is owned by the City of The entire block is owned by the City of Waterloo for the Downtown Riverfront Waterloo except for Community National Bank Exposition Area. and Midwest One Bank. " i • r , "##._ : T �.---- `s Standing in the alley looking at Midwest Standing at the end of the alley in the One Bank parking stalls that have access middle of the block looking south at the from the alley. expo area. Legal Description for Alley Vacate in Block 15 of the Original Plat of Waterloo West The twenty (20) foot wide public alley in Block 15 of the Original Plat of Waterloo West that lies Northeasterly of and adjoining Lots 6 through 10 of Block 15 of said addition; and that part of Park Avenue that lies Northwesterly of a line ten(10) feet Southeasterly of the Southeasterly line of Block 15 of said addition and Southeasterly of a line drawn between the most Easterly corner of Lot 10 of Block 15 of said addition and the most Southerly corner of Lot 1 of Block 15 of said addition; all in the City of Waterloo, Black Hawk County, Iowa, subject to the retention of a utility easement over, under and above the above described property, with said easement being for the benefit of existing utilities only. Legal Description for Alley Vacate in Block 6 of the Original Plat of Waterloo West The twenty(20) foot wide public alley in Block 6 of the Original Plat of Waterloo West that lies Northeasterly of and adjoining Lots 6, 7, 8 and the Northwesterly %2 of Lot 9 of Block 6 of said addition; all in the City of Waterloo,Black Hawk County, Iowa, subject to the retention of a utility easement over,under and above the Northwesterly sixty (60) feet thereof of the above described property, with said easement being for the benefit of existing utilities only. A CITY OF WATERLOO, IOWA COUNCIL RECORD 15. a / S that communication from General Manager of Waterloo Water Works transmitting request to certify the amount of $388.54 for work performed by the Water Works at 619 Anthony Street, together with recommendation of approval of Waterloo Water Works Board of Trustees, be received, placed on file and "Resolution approving said request" , be adopted and ity Clerk instructed to notify Black Hawk County Treasurer of same.el Ayes: Resolution adopted and upon approval by Mayor assigned No. 2008- /// . AYES V NAYS ABSENT ABSTAIN MS. COLE MR. GETTY V MR. HART VP MR. GREENWOOD / MR. STEVE SCHMITT f MR. WELPER / MR. REGGIE SCHMITT !/ rzi t7 0 Pzi PCI Z qii, cn Pd I'dn n (D H. 0 II 'Li o (D (D Er. tzi tri O Pt, tzi XIw ►� 0 AI II HI a) tr' OPk , ...,26 ' IT, H 1 'ti n o (D H. 0 n (D ct u. H a. (D Cl- 0 0 n N. ,.-' (D '' 7d H H 0 �� ��� (� ih. H H n K7 0 R• a a 0 a 0 ► ` ' 4 Z 0 H v o I °z H , ......3 P:I tiyak So A 101(s....?-"-‘410111eft"" l'i EL ct 0 a This Resolution prepared by Nancy Eckert, City Clerk, 715 Mulberry Street, Waterloo, Iowa. RESOLUTION NO. 2008-171 RESOLUTION MAKING ASSESSMENT FOR REPAIRING THE SERVICE LINE AND PREVENTION OF FURTHER DAMAGE AT 619 ANTHONY STREET. WHEREAS, the Board of Water Works Trustees of the City of Waterloo, Iowa, did, as provided by law, notify by written notice the property owner of the premises known as 619 Anthony Street to have the service line repaired and further damage prevented, and WHEREAS, the property owner failed to comply with the order of the Board of Water Works Trustees, as by law provided, and WHEREAS, the Board of Water Works Trustees proceeded to have the work done on the premises described as 619 Anthony Street, in the City of Waterloo, Iowa, to comply with Ordinance No. 1118 of the City of Waterloo, Iowa, and WHEREAS, the Board of Water Works Trustees filed with the City Clerk on the 22nd day of February, 2008, a report filing claim for the repairing of the service line and preventing further damage at above described premises and same met all the requirements of the City ordinance and have been fully completed. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the said report of the Board of Water Works Trustees be, and the same is hereby, approved; that the work was done under and by virtue hereby, accepted, and that the cost of said work is hereby determined to be as follows, which amount can be assessed over a ten-year period against the property: Jason M. Schatzle, Owner 619 Anthony Street, Waterloo, Iowa Legal Description: West 60 feet of the East 150 feet of the South 136 feet of Block No. 12 in "City View Heights", in the City of Waterloo, Black Hawk County, Iowa. Unpaid Assessment : $388 . 54 BE IT FURTHER RESOLVED that there be, and are hereby assessed and levied a special tax and assessment against the property improved, described as 619 Anthony Street in the City of Waterloo, Iowa, the amount of $388 . 54, said assessment shall bear interest from the date of levy of the assessment, viz : March 3, 2008, at the rate of nine (9) percent per annum until paid on all the unpaid amount of this assessment certified to the County Treasurer of Black Hawk County, Iowa, and BE IT FURTHER RESOLVED that the City Clerk be, and she is hereby instructed to notify Jason M. Schatzle of said property, accordingly and also instructed to certify said assessment to the County Treasurer of Black Hawk County, Iowa, to be entered upon the tax list to be collected as other taxes, as provided by law, and when collected to be credited to the Water Works Fund of said City, and assessment to be made over a ten-year period. Resolution No. 2008-171 Page 2 PASSED AND ADOPTED this 3rd day of March, 2008 . Ti Hurley, Mayor ATTEST: Nancy Ecke CMC City Clerk WATERLOO WATER WORKS DENNIS D.CLARK,P.E. 325 SYCAMORE STREET • P.O.BOX 27 319-232-6280 TRUSTEES: CRAIG CASLAVKA,Chair General Manager&Secretary WATERLOO,IOWA 50704 FAX:319-232-1962 TERRY KUNTZ,Vice-chair RODGER BURRIS February 22, 2008 Honorable Mayor & Council City of Waterloo City Hall 715 Mulberry Street Waterloo, IA. 50703 Dear Honorable Mayor & Council: The following is an excerpt from the Board Meeting of the Waterloo Water Works Trustees held Wednesday, February 20, 2008. RESOLUTION WHEREAS, the General Manager, Dennis D. Clark, presented a statement of $388.54, which is supported by invoice from the Waterloo Water Works, showing the work necessary to shut off the service line in regard to the following: WHEREAS, the owner was notified by the Waterloo Water Works of water service shut off due to unpaid collections for water service at 619 Anthony Street, which is located on the West 60 feet of the East 150 feet of the South 136 feet of Block No. 12 in "City View Heights" in the City of Waterloo, Black Hawk County, Iowa, and owned by Jason M. Schatzle, a single person. WHEREAS, the property owner improperly turned the water service on without payment of past due water bills, the Waterloo Water Works caused the water service line to be shut of at the curb stop and removed the pave box and rod, and assessed to the property. NOW, THEREFORE BE IT RESOLVED, by the Board of Trustees of the Waterloo Water Works, that the General Manager shall certify this statement to the City Clerk and that the Clerk in turn shall give notice and an assessment made and certified as provided in Title 8 Public Utilities, Chapter 2, Section 8-2-1 , in the Code of Ordinances, City of Waterloo, Iowa. Printed on recycled paper Page 2 It was moved by Burris, seconded by Kuntz, to adopt the resolution and instruct the General Manager to certify this resolution to the City Clerk. On Vote: Ayes: Kuntz, Burris. Nays: None. Absent: Caslavka. Resolution adopted. After this is certified through your office, please send us a copy of the certification as follow through and reference with the customer. Respectfully, WATERLOO WATER WORKS Dennis D. Clark, P.E. General Manager DDC/cm Enclosure IK /?Jf6.111 PAGE: 1 WATERLOO WATER WORKS STATEMENT DATE: 01/10/08 325 SYCAMORE ST PO BOX 27 SALESPERSON: WATERLOO, IA 50704-0027 (319) 232-6280 JASON SCHATZLE CUSTOMER NO. : SCHATZJ 619 ANTHONY ST WATERLOO IA 50703 CONTACT: DATE REFERENCE DESCRIPTION CHARGE CREDIT BALANCE 11/05/07 0058907-IN FOR 619 ANTHONY 377 . 02 377 . 02 12/10/07 DEC0031-FC FINANCE CHARGE 5 . 66 5 . 66 01/10/08 JAN0034-FC FINANCE CHARGE 5 . 66 5 . 66 W6 cod J � FINANCE CHARGE: 1 . 500% TOTAL: 388 . 34 CURRENT 30 DAYS 60 DAYS 90 DAYS 120 DAYS BALANCE DUE ` \'.. 5 . 66 5 . 66 377 . 02 . 00 . 00 388 . 34 PAYMENT IS EXPECTED WITHIN 30 DAYS OF INVOICE_ ` iv DATE. PLEASE REMIT ALL PAST DUE AMOUNTS TODAY,.,, -: CITY OF WATERLOO, IOWA COUNCIL RECORD Councilperson Hart noted that the OP was another one that council worked with Traffic, and, he asked if it is going to be standard practice that we are going to tow as the way it was done the other night. Chief Jennings responded regarding the OP it has to be 30 days from the time it posted in the paper, but yes it will be the same. Renee Carson, 1108 Vine Street and representing Common Ground Neighborhood Association, commented they know there is nothing the city can do, but they want it to be known how they feel about them trying to close Longfellow School. Ms. Carson stated they feel that Longfellow School is an asset to the East Side of Waterloo and their neighborhood, and they are devastated that they are trying to close it. Ms. Carson reported there will be a town hall meeting Thursday, March 6, 2008 at 7:00 p.m. at Payne AME Church Fellowship Hall at 1044 Mobile, and they would appreciate any support the city can give them. Even just showing up, because just the city' s presence there would let them know that the city is behind them in their endeavor of saving the neighborhood school. Russell Morison, 800 Easton Avenue, commended the council for passing a fair animal/dog ownership ordinance. Mr. Morrison commented he would just like to emphasize that if the city starts to target certain breeds that they do that with an open mind. Mr. Morrison noted that he has a terrier breed that comes with them in the summer and she is a people's dog. She is a 45 pound lap dog, and sometimes little dogs go after her and she gets annoyed, but she is a peaceful dog. Some mothers, when they push their kids down the street, they grab their kids up in their arms because they think she is a pit bull or something, but she is a well-mannered dog, and he would just ask the council not to target certain breeds. Mr. Morrison stated he thinks what the city has in place is good with targeting problem owners and giving them several chances to contain their pets or get them better secured indoors or with a better fence and those sorts of things. Mr. Morrison noted he registered his pet because he is here enough during the summer. Getty/Cole th. e above o al comments be received and placed on file. Ayes: Seven. 'otion carried. AYES NAYS ABSENT ABSTAIN MS . COLE MR. GETTY MR. HART MR. GREENWOOD MR. STEVE SCHMITT MR. WELPER MR. REGGIE SCHMITT PJ Pt t1 0 't 7C1 Z to ro n x n (D N• (D n td 0 m m M, ; t 1 Q t1i t11 o d tT fA � 0 03 ro II M m o ff r% o F--' a ((DD O n n N (D y H g o a (D C n d n r H H n a a w Zw , a a, 1 n H Z H&- t, 0 Z HO ► ` 1 O fi s, _ pc, , , ..... (i) ,........ qg,,i o 0 n IA rr �Q '! N) g,•,4_ ,:,.,.., 0 4. , rt, 0u rr, ,_ k .___.... s _ ,,.... . et a CITY OF WATERLOO, IOWA COUNCIL RECORD ORAL PRESENTATIONS 126721 - Tim Wilcox, 52 Lafayette Street, spoke regarding the pothole problem, which he feels is disgusting in the city, and a lot of citizens have had it up to their necks with the pot hole situation. He also has damage to his car because of the potholes and raised holy cane about it today, but he doesn't expect the city to do anything about it so he went out on his own today and was able to gather a group of people who are willing to volunteer their time to help out when the weather cooperates to try to fill the potholes in this city. Mr. Wilcox feels almost every street is nothing but potholes, even his alley where he has been putting sand in the potholes but it has not helped. Mr. Wilcox stated he knows the weather is preventing the potholes from being filled, but feels there has to be a way to try to put a dent in them so no more cars get damaged. Mr. Wilcox commented that Mayor Hurley mentioned for citizens to find alternate routes, but that is getting impossible because what other routes can you find except to drive up on the sidewalk or grass to avoid a pothole, and we can't do that. Mayor Hurley commented that he doesn't think there is a person in this city or the Cedar Valley or the state who would disagree with Mr. Wilcox. It is not unique to Waterloo, but what we have unique in Waterloo are folks like Mr. Wilcox who will come forward to volunteer. Mayor Hurley asked Mr. Wilcox after the meeting to meet with Councilperson Steve Schmitt who is involved in bringing volunteers together. We have the materials, the trucks, and the safety vests. Mr. Wilcox stated he spoke to about 30 to 40 people today, most of them are UNI students, who are willing to join with city crews to try to temporarily put a dent in the potholes. Mr. Wilcox commented that he stopped by Scott Jordan' s company today but was unable to speak him. He also went to the city garage this afternoon but was unable to speak to Steve Decker until tonight when he spoke briefly with him about a couple of ideas. Anthony Shawn Hayes, Sr. , 1112 Columbia Street, stated he is the owner of the Last Level Lounge, 118 E. 11th Street, and there have been signs posted on the corner of 11th Street and Sycamore Street stating no parking from 6:00 p.m. to 5:00 a.m. , and his business hours are from 8:00 p.m. to 2:00 a.m. Mr. Hayes asked if it would be possible to change those times due to the time frame for his business hours. Mayor Hurley responded those signs have just been put in at the request of the neighbors and because of some trouble in that area. Councilperson Hart reported that late Saturday night, he received several calls from some people who were a little upset because their cars were actually towed. They weren't ticketed, they were actually towed and a couple of them didn't understand why their cars were towed instead of ticketed because it doesn't say a tow zone on the sign. Councilperson Hart commented that it is a transition also because it just went from night and day within the past couple of weeks. AYES NAYS ABSENT ABSTAIN MS . COLE MR. GETTY MR. HART MR. GREENWOOD MR. STEVE SCHMITT MR. WELPER MR. REGGIE SCHMITT d 0 P Ki X cn x ro n x 0 CD H. (D n It 0 (D N t� t"i O b t� !i W H 0 P ro n HI (D o IA ' o H a. (CD cat 0 0 n N (D P:IH H O a (D c "0' 11 0 0 H H CI rt a s 0 a+ W Z H g o X' 0 O "• rr ItH z H Z (Q 00 o 0.) z H 0 a CD hi 0 n rt a 0 M 0 to rt m a CITY OF WATERLOO, IOWA COUNCIL RECORD Tom Jennings, Police Chief, reported there were four vehicles ticketed and towed because they were parking on both sides of the street and blocking the street, and even without the signs you can't park in the street and block the street. It doesn't allow public safety vehicles to get through, and on that particular case they were there from 11:30 p.m. to 1:00 a.m. trying to get cars moved and they started towing vehicles after about 45 minutes. They are parking on both sides of the street, they are parking in the street and they are basically shutting down the 1300 block of Sycamore Street, and because of complaints from other neighbors, they towed the vehicles. Mr. Hayes commented that the complaints he received from the people are they understand that from 6:00 p.m. to 5:00 a.m. you are not suppose to park there. They did, they paid for it, but they paid for it by being towed without the sign stated a towing zone. Mayor Hurley commented that he doesn't know if the city' s traffic ordinance says we have to have a sign that says towing, but when it says no parking probably one of the measures for dealing with the no parking includes towing. Mr. Hayes commented that is mostly a business area with the Waterloo Food Bank, Powers Industry and Crystal Ice Distribution and really not much residence, and he is trying to figure out who is complaining as a resident. There are only a couple of houses that are listed on Sycamore Street. Mayor Hurley noted the complaint could have come from any resident, but it is also the responsibility of law enforcement to watch those parking zones, and there have been complaints in that area. When the street is blocked, fire trucks, ambulances and police cars can't get through when it gets serious. Mayor Hurley commented that if Mr. Hayes wants this changed, he would have to convince at least four council members who recently enacted the ordinance to change it; otherwise it is as it is. Mr. Hayes commented he understands in case of an emergency, the police and fire departments and ambulances have to get to his business. He just feels that it is focused on his business. He does have access ways from the front and rear of his building. As far as the street, he doesn't know what to say other than widening the street. Mayor Hurley stated he can say with some assurance that it is not focused on Mr. Hayes' business, it is focused on keeping the street open and addressing the complaints. Mayor Hurley suggested giving this a change as it has only been a month, lets see how it works. If this doesn't work, then Mr. Hayes can ask his council person or anycouncil person tocranking p p get the wheels to do another adjustment. AYES NAYS ABSENT ABSTAIN MS . COLE MR. GETTY MR. HART MR. GREENWOOD MR. STEVE SCHMITT MR. WELPER MR. REGGIE SCHMITT Pd Pli ti a Pzi xi Z cn x ro n :e r) m H. (D n PO 0 (D m g ti ti O ro tT MI o H 0 P ro II rt, (D p Hr O H Q• CD rr 0 0 n N (D x H0 a c� 0' K 0 0 H H H 0 0 It Z y o w z °z 0 a CD b 0 n N 0 R+ O rt, O ho rr (D CI, CITY OF WATERLOO, IOWA COUNCIL RECORD ADJOURNMENT S that the Council adjourn at I� •��f p.m. Ayes: 'otion carried. Nancy Eckert, CMC City Clerk AYES NAYS ABSENT ABSTAIN MS. COLE MR. GETTY MR. HART MR. GREENWOOD MR. STEVE SCHMITT MR. WELPER MR. REGGIE SCHMITT � N a ro 00 -t (D t7' i• ro Hr no m w 0 n m ct Li. o ff 0 1# G a a Cr °c n j y H c a (D i(D a w rr 0 z 0 y �' ► o X' o 0 Cr lib. H °z IA o w L' O H z zz a a t m ro 0 n rt 0 rn t • MINUTES COMMUNITY DEVELOPMENT BOARD MEETING January 15, 2008 The regular meeting of the Community Development Board was held in the City Council Chambers, 715 Mulberry Street, Waterloo, Iowa, and called to order by Board Chairman Eric Johnson, at 4:30 p.m., on Tuesday,January 15, 2008. Members present: Jim Carstensen,Elsie Duncan,Mickye Johnson,Gary Rankin,Bernie Stroh and Eric Johnson, Chairperson. Also present: Rudy Jones,Community Development Director; Don Temeyer, Community Planning & Development Director;Reggie Schmitt and Harold Getty, City Council Liaison;Nancy Gulick, Community Development Coordinator;Mark Boesen, Manager of Rehabilitation Services; Ann Northey, Administrative Secretary; and Tim Jamison, Waterloo/Cedar Falls Courier. A. APPROVAL OF THE AGENDA. It was moved by Mickye Johnson and seconded by Elsie Duncan to approve the agenda as proposed. Motion carried. B. APPROVAL OF THE MINUTES FOR THE REGULAR MEETING NOVEMBER 20, 2007. It was moved by Mickye Johnson and seconded by Jim Carstensen to approve the minutes of the regular meeting held on November 20,2007. Motion carried. C. OLD BUSINESS. 1. Confirm Board poll on Appraisals for 900 Block of Lafayette Street and Award of Contract. Chairman Johnson indicated three quotes were received for appraisals on the 900 Block of Lafayette Street properties. Staff reviewed these quotations and recommended that McRae Appraisal,Inc. be authorized to complete the appraisals as soon as possible at a cost of$900.00. Winninger Realtors quoted$650.00 for two properties, or$1,300.00 -Valuation Services quoted$650.00 for three properties, or$1,950.00 -McRae Appraisal,Inc.quoted$450.00 for two properties,or$900.00 Chairman Johnson indicated the Board was polled on December 13,2007 with the following results: 5 —YES: Gary Rankin, Elsie Duncan,Jim Carstensen, Mickye Johnson,Bernie Stroh. 1 -ABSTAIN: Eric Johnson(McRae Appraisal, Inc. is a client) It was moved by Jim Carstensen and seconded by Bernie Stroh to approve the poll results of the Board on December 13,2007. Motion carried. D. NEW BUSINESS 1. Endorse Rehabilitation'Contracts for November and December 2007. Minutes January 15,2008 Page 2 Mickye Johnson questioned if the roof repairs were full replacements or partial repairs? Rudy Jones stated our Emergency.Repair Program limits us to $4,000 per project, so any additional costs are covered by the homeowner. Mark Boesen indicated we do a total tear-off on each roof project and do not go over any layers. If the house needs new sheathing, gutters, flashing or chimneys,we address those items too. The recent staff report does not reflect the owner's funds contributed toward their project. Several homeowners contributed considerable funds toward their project. Board members requested if owner funds are included in the costs,they would like to have this information. Nancy Gulick stated this information is usually on the report, but was omitted this time by mistake. Chairman Johnson inquired if funds were all expended in the CDBG Rehab category? Mark Boesen stated we have a number of contracts ready to enter into as soon as we receive the Release of Funds from the Lead Grant. Mickye Johnson inquired about the balance of Emergency Repair funds. Nancy Gulick indicated the CDBG Emergency Repair funds are gone and we have started to utilize the $80,000 in Casino Grant funds Mickye Johnson asked if that would last through the end of the fiscal year? Nancy responded,hopefully it will be adequate to carry us through. Mark Boesen stated that in December many clients were referred to Operation Threshold,especially for furnaces, as OT received their weatherization and heating assistance funding. There were no further comments regarding the November and December Rehabilitation Contracts report (copy attached). It was moved by Bernie Stroh and seconded by Elsie Duncan to endorse the November 2007 and December 2007 Rehabilitation Contracts. On roll call: Jim Carstensen,Elsie Duncan,Mickye Johnson,Gary Rankin,Bernie Stroh and Eric Johnson voted Aye. Nays: None. The Chairman declared the motion carried. 2. Set Public Hearing date for FY2009 CDBG and HOME Program Recommendations. Chairman Johnson indicated the next Public Hearing is scheduled to be held on February 19,2008 at 5:00 p.m. Chairman Johnson stated the subcommittee will be under a tight format to prepare the initial recommendations. Rudy Jones explained the subcommittee met once to discuss the applications and will schedule additional meetings within the next few weeks to finalize their recommendations. Minutes January 15, 2008 Page 3 Chairman Johnson inquired what funding levels are projected for this budget year? Rudy Jones stated the dollar amounts will be less than last year. Nancy Gulick reported we should be receiving our allocation letter yet this month. Nancy stated we are 3.2% o reduction, figures with a 4/o decrease from last year as HUD.indicated there would be a and allowing for any new entitlement cities. Rudy stated we are under $1.4 million in the CDBG allocation. Chairman Johnson indicated we need to set a hearing date for February 19th and publish the subcommittee's recommendation on February 10, 2008. If was moved by Gary Rankin and seconded by Jim Carstensen to set the date of Public Hearing for FY2009 CDBG and HOME Program Recommendations for February 19, 2008. Motion carried. D. DISCUSSION ITEMS: None. The Chairman reminded Board members that the FY2009 CDBG and HOME Programs Public Hearing would begin at 5:00 p.m. F. ADJOURN MEETING With no further business to come before the Board,the Chairman adjourned the meeting. Respectfully submitted, Elsie Duncan,Secretary • • 00000'00 O . Z 000000. 0 0 1- O O I- D • D O O N M 0 O ° Z O p Z CV 0 CI CDaO CO O O CD — 0 Q < cV•ct N Q 'cl' M < V� • 0") EA On n ti n r- n ' U W V .. 0 0 0 0 0 0 0 U '. 0 o g F- illNcq CV CVCV CV CV E CD CD z za '- - — CC 1- N Z0 � f- a V - - - co tv c 0 = ce 0fr pc .E = .� a N . 0 0 U a d a) a) {L 0 < Q L N a) a) • Q H w CO CD 0 LL. C, - H - Icc -- Z • ZZ _� -0 "OY 7 .a Z p Z o o a) 0 a) L • Q co U 0� w4- .- w CC ...._Q aCC00C0O d (a Z(w 0 0 0 c la v> WC` LL L L 0 C •3 ci •L U N W a) iiii WW .-• C QQ c 'fl O Y.c LQ O O O N M 0 0") r Cr) . • W W 00) 000OOO m W - CO as O O) O a) o) M 2 - - t z Z 0 0 0 0 0 0 0 0 E • Z z > I-ci) F-• I- C Q J J Q Q J N V LO N 'O - - N Cco — L O N C c O a w a _ (L Zm tZ .:CO CZw �o v . a o in, N' � 0 d c .-a = v m 0 . E o, c i... ' d y t. a) E • w — d w . m a> al C m 5 • a� m • �C1 Z a W Q " 2 - a 0 E co m ... 0 c`a • 4' CD z t- Ui zCIX -1a -, U -) I- C„) j • -� : _ O"O O • C F • F > ,. ;Z .Z 0.0 • O N Z ' • Z O O • O O O o rn • �' 0 0 • . C • • Q Q Q M • . UQ • • • Qw LY_ w �.i- f- d •O o0 E- • Q Q I-.Q � � • Zo Z • Z ° • Z ° aN— N • N SOU • OU U • • U ' • 0 pIU. » 0- .O -O • UQ • QU UC N Q : r. Q L LO U • p O O O • • • • U ¢ O Q U v • d • d U °O N •IIa. d w w L w w • 3 • • w wcA W o �' >, c • • o o Q ° gym °a' °a • N • • w . w m r� ' rn m m • • • • Z CI0 . .0 • • • o Z I- I- a In to . C • Q • Q • Q y alw a� io a a e. :. 3 S j % I t C Z • V u F. Q 2 U `o -' W )U� W • • E z � Q .. V • i- . _ MINUTES COMMUNITY DEVELOPMENT BOARD PUBLIC HEARING FOR CITIZEN INPUT FY2009 CDBG and HOME PROGRAM January 15,2008 Chairman Eric Johnson called the public hearing to order at 5:00 p.m. in the City Council Chambers, 715 Mulberry Street, Waterloo, Iowa. The Chairman stated the purpose of the hearing is to gain citizen input into the application process for FY2009 CDBG and HOME Program funding. The Chairman welcomed participants to the meeting, and indicated the Board members have copies of all applications before them. Any applications received after the January 3, 2008 deadline will probably not be considered. Board Members present: Jim Carstensen, Elsie Duncan, Mickye Johnson, Gary Rankin, Bernie Stroh and Chairman Eric Johnson. Also present: Reggie Schmitt, Harold Getty and Quentin Hart, City Council Liaison; Don Temeyer, Community Planning and Development Director; Rudy Jones, Community Development Director;Nancy Gulick, Community Development Coordinator; Mark Boesen, Manager of Rehabilitation Services; Ann Northey, Administrative Secretary; Chris Western, Associate Planner; Ethel Washington, Executive Director Waterloo Housing Authority; Tim Jamison, Waterloo/Cedar Falls Courier; Linda Morgan, Executive Director Iowa Heartland Habitat for Humanity; and Martha Frazier, Executive Director East Side Ministerial Alliance. A. APPROVAL OF AGENDA It was moved by Mickye Johnson and seconded by Bernie Stroh to approve the agenda. Motion carried. B. RECEIVE AND PLACE ON FILE AFFIDAVIT FOR PROOF OF PUBLICATION FOR NOTICE OF PUBLIC HEARING Chairman Johnson indicated a copy of the display ad was published in the Waterloo/Cedar Falls Courier on Sunday, January 6, 2008 announcing the public hearing and was available for review. It was moved by Jim Carstensen and seconded by Elsie Duncan to approve and place on file the affidavit for the notice published in the Waterloo Courier. Motion carried. C. OPEN PUBLIC HEARING It was moved by Mickye Johnson and seconded by Elsie Duncan to open the public hearing. Motion carried. • Minutes January 15, 2008 Page 2 Chairman Johnson requested that participants interested in addressing the Board step to the microphone at the front of the room, stating both their name, and the name of their organization. Chairman Johnson stated the Board members received copies of each application that was submitted for funding this fiscal year and urged participants not to read their requests. He noted any new or additional information could be presented at this hearing, and added this gives the Board members an opportunity to ask additional questions. Martha Frazier, Executive Director of Eastside Ministerial Alliance requested funding for their Shelter Assistance Program. Ms. Frazier indicated they are working with many families concerning a variety of human crisis needs. They have funded this program through private donations and assistance from the city. Chairman Johnson inquired if this was an existing program through EMA? Ms. Frazier stated it was an existing program. Rudy Jones indicated the subcommittee did briefly go through each of the applications and no specific questions were raised on this particular request. Chris Western, Associate Planner distributed additional information concerning the application from the City Planning and Development department for their request for Neighborhood Planning and Development personnel costs. Chris explained the projects they are working on significantly impact the housing related activities conducted by the Board, such as infill development and affordable housing. Specific Brownfield's sites include CMC, Chamberlains and the Rath areas. Chris stated the work being done through neighborhood planning is crucial to the development of these areas. He also reviewed the developments in the area of Highway 63 and explained the work being done to redesign this as a safe and attractive environment. Chris indicated work is being done in the Rath area with future demolition of the Cooper Maintenance Building to make room for expansion of the Crystal Ice Distribution facility. He also reviewed the continuous work being done on demolition of dilapidated, abandoned structures and the department's involvement with the Cedar Valley TechWorks project. All these activities impact the goals of Community Development by addressing troubled areas of the city. Elsie Duncan indicated the funding request was doubled from last year for personnel costs and inquired if additional personnel would be added. Chris Western responded that many of these projects are expanding and a number of other grants are being utilized, which comprises 50% of his time. Bernie Stroh asked how the program was expanding personnel-wise, and would new people be hired? Minutes January 15, 2008 Page 3 Chris Western explained that staff changes will be taking place due to Don Temeyer's retirement and personnel requirements are not certain at this time. Mickye Johnson stated the request went from $10,000 last year to $25,000 this year and if the work is more labor intensive, why are you not increasing staff. Does $15,000 allow you to bring in additional staff. Don Temeyer indicated there are carry over funds of approximately $17,000. Chairman Johnson asked for further comments from the public. None were received. D. CLOSE PUBLIC HEARING The Chairman called for a motion to close the hearing. It was moved by Bernie Stroh and seconded by Jim Carstensen to close the public hearing. Motion carried. Chairman Johnson stated the Board Subcommittee has met once and will meet again to review all the requests and make a recommendation. The next Public Hearing will be held on February 19, 2008, so the recommendations will need to be published on February 10, 2008 in the Waterloo Courier. Rudy Jones indicated the next few subcommittee meeting dates are set and a recommendation will be ready for publication the first week of February. Chairman Johnson thanked members of the subcommittee for their work on this budget. Following discussion it was moved by Gary Rankin and seconded by Mickye Johnson to authorize publication of the subcommittee recommendations on February 10th prior to the hearing on February 19,2008. Motion carried. Elsie Duncan requested that all the Board members be notified of the recommendations prior to publication in the Courier. Chairman Johnson instructed staff to send the subcommittee recommendations to all Board members and the Mayor and Council prior to publishing them in the newspaper. E. ADJOURN Chairman Johnson thanked everyone for attending and with no further business adjourned the meeting. Respectfully submitted, Elsie Duncan, Secretary WATERLOO HISTORIC PRESERVATION COMMISSION REGULAR MEETING—JANUARY 15, 2008—5:15 P.M. MEETING ROOM A, WATERLOO PUBLIC LIBRARY Chairperson Ottesen called the regular meeting of the City of Waterloo Historic Preservation Commission meeting to order at 5:20 p.m. Those in attendance were: Berry, Morgan, Newton, Olsson, Ottesen, and Quirk. Those absent were: Anderson, Brockway, and Potter Also present was staff member Tim Andera and Candy Streed of Silos and Smokestacks. Approval of Minutes Motion made by Quirk, seconded by Berry to approve the minutes of the December 18`h, 2007 Regular Meeting. Motion carried unanimously. Approval ofAjenda Motion made by Quirk, seconded by Morgan to approve the agenda as submitted. Motion carried unanimously. Reports 1. Main Street Ottesen noted that there was no Main Street meeting this month. 2. Silos and Smokestacks Streed gave the Silos and Smokestacks report, noting that there is an upcoming grant and proposal writing workshop on Tuesday, February 26, 2008 in Independence, which will be hosted by Jeanie Lovell, Director of Corporate and Foundation Relations at Luther College. Streed noted that the presenter has many years of experience in grant and proposal writing, and this would be a noteworthy seminar to attend. Streed also noted that there will be an upcoming seminar in Maquoketa regarding the types of grants available for Silo and Smokestacks partner sites. Streed also noted that there will be no annual process of nomination of partner sites in 2008, as Silos and Smokestacks will be doing a review of that program to see how things are working. 3. Grout Olsson noted that recently, the Grout got the large model airplane hung up in their main lobby, and also noted that the U.S.S Juneau battleship replica will be arriving soon, and will also be placed in the main lobby. Olsson noted that currently, the existing offices in the older areas of the museum are going to be moved elsewhere so that remodeling of that portion of the museum can begin. -1 - and being allowed to serve food there. Commission members noted that possible properties for an award are: • Cottonwood Canyon—216-218 E 4th • 2409 Lafayette Street—Northeast corner of Lafayette and Adrian Streets • Black's House— 120 Independence Avenue • 310 Independence Avenue—Queen Anne Style • 1212 Independence Avenue—Outside work • Cathy DeSoto • Diane and Larry McGrane —230 Alta Vista—Recently painted outside. • 3rd and Wellington— 318 Wellington—Richard Penn • Randy Pilkington—229 Alta Vista Avenue Commission members noted that the new restaurant opening in Chuck Orr's building currently under renovation at the corner of East 4th Street and Lafayette Street would be opening sometime this year, and if the restaurant is open by May, if they would be interested in donating space for the annual awards ceremony. Newton noted she would get in touch with Chuck On to see when the restaurant is going to open. 4. Kingbard Walking Tour Andera noted that Potter was ill, and was unable to attend the meeting and give an update on the walking tour. Andera also noted that Candy Streed of Silos and Smokestacks said she would be willing to help organize the tour. Hearing no further discussion chairperson Olsson adjourned the meeting at 6:01 P.M. Respectfully submitted, ,c->/J Tim Andera Associate Planner Staff to the Commission -3- NORTHEAST IOWA RESPONSE GROUP I ) i-- 425 East Third Waterloo,Iowa 50703 R Phone 800-291-4682 • Fax 319-291-4285 email: hmrtc@waterloo-ia.org G Allamakee Black Hawk Bremer Butler Chickasaw Northeast Iowa Response Group Grundy Meeting Minutes Hardin January 3, 2008 Howard Poweshiek Tama Winneshiek Jim Johnson Hardin County John Huegel Chickasaw County WD Carter Waterloo Fire Rescue Lyle Jeske Hardin County Barbara Smith Grundy County Gaylord Hinderaker Bremer County Doug Shutts Poweshiek County Keith Sash Tama County Bruce Goetsch Winneshiek County EMA John Miller Black Hawk County Kip Ladage Bremer County EMA Mary Jo Wilhelm Howard County Barb Barquam Black Hawk County EMA Steve Ulrichs Butler County EMA Chris Heerkes Grundy County EMA Meeting called to order. The board was informed that William Clark, representative from Allamakee County has passed away. Motion made by Mary Jo Wilhelm, seconded by Bruce Goetsch to approve the minutes of the last meeting. Motion Carried. Checking account balance is $36,546.32. One CD is left and coming due on January 7, 2008 - $28,529.38. Treasurer is recommending renewal of this CD. Motion made by Jim Johnson, seconded by John Huegel. Motion Carried. Motion to approve the Treasurer's Report made by John Huegel, seconded by John Miller. Motion carried. Northeast Iowa Response Group Page 2 — Meeting Minutes January 3, 2008 Motion made by Steve Ulrich to approve the agenda as submitted, seconded by Barbara Smith. Motion carried. The next meeting of the Northeast Iowa Response Group will be March 6, 2008 at 1:00 p.m. at the Haz Mat Regional Training Center, 1925 Newell Street, Waterloo. Submission of bills for payment— None Unfinished Business 1. Training Update — Class scheduling is going well. There are upcoming Iowa Pipeline Association meetings in January — March at various locations. The Training Center is hosting a Tractor Burn class on February 16. Handouts were given to EMA's so NIRG area departments would be aware of particulars. 2. Equipment Update — No report from Haz Mat Team. Bruce Goetsch reported that Region II received ACU tactical units for interoperable communications setup to allow other counties to plug in their radios with Region II radios. 3. Cedar Falls Update — John Miller presented the Response Group with a check from the City of Cedar Falls for NIRG membership. Miller also presented a letter from the City of Cedar Falls requesting a letter from the Group, which will release them from the billing related to the Bossard incident. Jim Johnson presented the board with a letter he had already drafted for this purpose. Motion to send the drafted letter was made by Barbara Smith, seconded by Doug Shutts. Motion Carried. Chief Carter told the group that Mayor Hurley received a letter of request from Mayor Crews regarding training. The request included training that is above and beyond the training services that the Response Group provides to its member communities. Mayor Hurley requested the board review this letter and give him direction. The board discussed the issue and concluded that any requests from the City of Cedar Falls should be directed to the Black Hawk County representative and brought to the Response Group board. This is the standard protocol that all Response Group communities follow. Chief Carter will advise Mayor Hurley of the board's decision. Northeast Iowa Response Group Page 3 — Meeting Minutes January 3, 2008 Discussion continued as to the possibility of modifying invoices and other types of communication such as legal options, etc. to more clearly reflect that they are coming from the Northeast Iowa Response Group rather than the City of Waterloo. Motion made by Gaylord Hinderaker that letterhead be used on billing and other communication subject to legal clarification. Seconded by Steve Ulrich. Motion Carried. Further discussion was held about the many questions that need to be explored with this situation. Suggestions were made to contact INRCOG and ISAC to explore some of the possibilities. Motion was made by Bruce Goetsch to table the motion for billing and communication until the next meeting. Seconded by Keith Sash. Motion to table carried. At this time the Response Group membership reiterated the training services that each county receives from the Group: • Operations Level Training • Yearly Operations Recertifications • Incident Command Training • Confined Space Awareness training • Clandestine drug lab training 4. Grant Update — a letter was distributed to all members showing the award from the state on the Haz Mat grant. This letter has been modified by Des Moines due to some paperwork problems with one of the counties that applied. These problems have been corrected, however, the state is not including them in this year's award. The correct figures are: Training $15,483.98 and Planning $19,654.41. New Business 1. FY08 Budget— Motion was made by John Huegel to set public hearing from 2 p.m. March 6, 2008 at the HMRTC, 1925 Newell Street, Waterloo, IA. Seconded by Mary Jo Wilhelm. Motion Carried 2. Election of Vice Chair— Motion made by Mary Jo Wilhelm to nominate John Huegel as Vice Chairperson. Motion seconded by Gaylord Hinderaker. Motion made by Bruce Goetsch to close nominations and Northeast Iowa Response Group Page 4 — Meeting Minutes January 3, 2008 unanimously elect John Huegel. Motion seconded by Gaylord Hinderaker. Motion Carried. 3. Haz Mat Incidents — None to report 4. Equipment— No report. Motion made by Doug Shutts to adjourn the meeting. Seconded by Bruce Goetsch. Motion Carried. Meeting adjourned at 2:25 p.m. MEMORIAL HALL COMMISSION January 23, 2008 5:00 p.m. Veterans Memorial Hall Members present: Chairperson Craig White, Phil Thomas, Randall Miller, Richard Hastings, Dennis Garthoff, Don Ticknor, Michael Dennis, Marilyn Robinson. Members absent: Anthony Tisdale, Marcia Courbat, Ray Moore. Moved by Miller, seconded by Ticknor that the Agenda, as proposed, be approved. Ayes: Seven. Absent: Tisdale, Courbat, Robinson, Moore. Motion carried. Moved by Miller, seconded by Thomas that the Minutes of November 28, 2007, as proposed be approved. Ayes: Seven. Absent: Tisdale, Courbat, Robinson, Moore. Motion carried. Chairperson's Report Chairperson White reported that the Exchange Club is willing to donate flags left over from the Healing Fields event to veteran organizations. He suggested flying the flags in Soldiers & Sailors Park on Memorial Day. Chairperson White suggested that a meeting be held with representatives of the three veteran organizations that plan the Memorial Day Parade and the Veterans Day event. Mr. Dennis reported that Dale Hixson will be scheduling the first meeting, maybe in February. Committee Reports Education/Historical—Randy Miller explained that a few months ago at the Sons of Union Veterans of Civil War meeting he met a gentleman who had written a story in the first person about the Civil War monument. Mr. Miller has put together a manuscript in the first person on the Memorial Hall building that later could be put into a book. Robinson now present at 5:15 p.m. New Business The request from the Waterloo Convention and Visitors Bureau to use Veterans Memorial Hall on Thursday, July 31, 2008 was reviewed. The U.S.S. Callaghan DD-792 Reunion is holding a memorial service in the afternoon for about 80 people plus a color guard and would like to use the grounds and the building. Moved by Miller, seconded by Ticknor that said request be approved. Ayes: Eight. Absent: Tisdale, Courbat, Moore. Motion carried. Mr. Dennis requested to reserve Memorial Hall for March 29, 2008 for Sons of Union Veterans of the Civil War event. Moved by Miller, seconded by Garthoff that said request be approved. Ayes: Eight. Absent: Tisdale, Courbat, Moore. Motion carried. With no further business before the committee, it was moved by Ticknor, seconded by Garthoff that the meeting be adjourned at 5:21 p.m. Ayes: Eight. Absent: Tisdale, Courbat, Moore. Motion carried. Nancy Eckert City Clerk 161 At the regular meeting of the Board of Waterloo Water Works Trustees, held Wednesday, February 20, 2008, there were present Terry Kuntz, Vice-Chairman, and Rodger Burris, Trustee. Also in attendance: Steve Scharfenberg, Assistant General Manager; and Dennis D. Clark, General Manager and Secretary. Craig Caslavka, Chairman, was absent. Vice-Chairman Terry Kuntz called the meeting to order at 8:00 a.m. The Board approved to adopt the agenda. The minutes of the regular meeting of January 23, 2008 were approved as read. Upon motion, passed, the following Bills Resolution was adopted. BE IT RESOLVED BY THE BOARD OF WATER WORKS TRUSTEES OF THE CITY OF WATERLOO, IOWA: That the bills listed below for which warrants against the funds designated, have been issued in payment, are found to be correct, and the acts of the Secretary in issuing and delivering said warrants are hereby ratified and approved. JANUARY 31, 2008 GENERAL FUND 30257 Collection Services Center Authorized payroll deduction for 491 .50 child support 30258 Cedar Valley United Way Authorized payroll deduction for 67.50 United Way 30259 ING Life Insurance Authorized payroll deduction for 2,378.00 deferred compensation 30260 Lincoln Financial Group Authorized payroll deduction for 40.00 deferred compensation 30261 Nationwide Retirement Authorized payroll deduction for 500.00 Solution deferred compensation 30262 Public Employees Credit Authorized payroll deduction for 4,942.00 Union credit union US Department of Treasurer Federal withholding tax 17,239.55 30263 Al Gordon Plumbing & Three water service line repairs 670.53 Heating 30264 Clark Printing Name badges 96.30 30265 Commercial Tire Service Flat tire repair unit#21 166.00 30266 HyVee Food Store Supplies 758.34 30267 Iowa Public Employees IPERS for four employees 1 ,720.05 Retirement System 30268 IWI Motor Parts New brakes unit #18 170.24 30269 Josephine Navarro Overpayment on final bill 9.66 30270 Dennon Burton M. D. & U. D. refund 38.64 30271 Curtis Breitback 60.62 30272 Sheri A. Lund 28.24 30273 Benjamin C. Kimball 84.66 30274 Eric Camarata 81.66 30275 Mark Jacobson 84.66 30276 Julie Kime 28.06 30277 Postmaster Postage 3,000.00 30278 Qwest Service 331.90 30279 Steamdry Cleaned carpet at 3315 Monticello 150.00 caused by leaking water meter 30280 Waterloo Implement, Inc. Tire chains for John Deere 425 85.49 30281 Acco Unlimited Corp. Chlorine and HFS 7,005.10 30282 AWWA AWWA Standards Renewal 474.00 30283 Black Hawk Waste Disposal Waste disposal and portable toilets 294.00 at O'Neal Steel 30284 Fastenal Anchors to install touchpads 12.47 162 30285 Frickson Backhoe & Assisted with main break at LaPorte 1,450.00 Trucking Road and Easton, and replaced valve on Hess Road 30286 Paul Fairchild Overpayment on final bill 16.55 30287 Charecia Gardner M. D. & U. D. refund 105.00 30288 Sally Rundel 33.84 30289 Jason & Beth Strasser 23.92 30290 Theresa L. Gray 18.76 30291 Malinda Isenhour 29.12 30292 Raquel Sallis 20.12 30293 Jennifer Schlader 31.06 30294 Dirk A. Moos 14.12 30295 Esther Sadler 26.63 30296 Jona K. Vanblaricom M. D. & U. D. refund 49.04 30297 Brian Reese 72.63 30298 Jesse Tyler 51 .63 30299 Rosalva Torres-Guzman 105.00 30300 Jacob Turnage 9.85 30301 Angela Vanarsdale 11 .96 30302 Joyce Lowe 49.98 30303 Little Mae Chocolates M. D. refund 10.46 30304 Melissa Helm M. D. & U. D. refund 70.87 30305 Steve Kerns Cell phone reimbursement 50.00 30306 Kirkwood Community Basic Water Treatment Training, W. 375.00 College Vogel 30307 Tim Robbins Cell phone reimbursement 50.00 30308 Roth Jewelers Retirement watch, T. Gronoski 150.00 30309 Van Wert, Inc. Meter reading service 5,035.80 30310 Rick Wilberding Cell phone reimbursement 50.00 30311 Collection Services Center Authorized payroll deduction for 491.50 child support 30312 ING Life Insurance Authorized payroll deduction for 2,578.00 deferred compensation 30313 Lincoln Financial Group Authorized payroll deduction for 40.00 deferred compensation 30314 Nationwide Retirement Authorized payroll deduction for 500.00 Solution deferred compensation 30315 Public Employees Credit Authorized payroll deduction for 4,977.00 Union credit union 30316 Teamsters Local Union #238 Authorized payroll deduction for 663.00 union dues US Department of Treasurer Federal withholding tax 17,088.00 30317 Allen Memorial Hospital Drug screening for one employee 20.00 30318 Aramark Uniform Services Towel service 251 .42 30319 Aspro, Inc. Cold mix, concrete and fill sand 1 ,211.82 30320 Black Hawk County Auditor Water and sewer bond fees 41 ,625.00 30321 Black Hawk County Data processing for December 3,899.52 Treasurer, MIS 30322 BMC Aggregates L. C. Fill sand and roadstone 495.66 30323 City of Raymond Water bond and sewer and garbage 10,019.06 fees 30324 City of Waterloo Garbage and sewer for December 794,860.41 30325 Community National Bank Bank charges for December 462.52 30326 Dex East Advertising in phone book 31.50 30327 Erin Sabir-Dybevik M. D. & U. D. refund 82.46 30328 Heather Blackledge 41 11 41 61 1.23 30329 Mindy Edgar 66 61 46 °1 25.08 30330 Lindsey Panicucci „ 11 51.62 30331 Kwik Trip, Inc. Fuel for vehicles 3,973.23 30332 Office Concepts, Ltd. Envelopes 1 ,100.00 30333 Matt Parrott & Sons Co. Two safety vests and toner 259.73 30334 Showers Insurance Agency Workers' compensation, commercial 7,547.57 and commercial auto insurance 30335 Swisher & Cohrt, P.L.0 Legal services 402.50 163 30336 TestAmerica, Inc. Water sampling 40.00 30337 Rick Wilberding Reimbursed air travel cost to attend 447.00 AWWA Annual Conference in June 30338 Waterloo Water Works City service fees 8,520.98 State of Iowa Treasurer Sales tax 7,000.00 Treasurer, State of Iowa State withholding tax 5,916.00 State of Iowa Treasurer Sales tax 8,785.07 30339 AAA Electrical Contractor Reissued check#27697 for light on 948.63 Linden tower & auto switch at well #17 30340 Advanced Systems, Inc. Maintenance contract for copying 98.71 machine 30341 Airgas North Central Sidewalk salt 137.25 30342 Campbell Supply Batteries for cordless drills, ear plugs 284.70 and hard hat liners 30343 L. J. Cohrt Law Firm Legal services 850.72 30344 Coverup, Ltd. Window rain guards unit #12 50.00 30345 Gierke-Robinson Co. Parts to repair pipe saw, pipe saw 399.79 blades, dusk mask, mirror, safety glasses and muffler 30346 Hach Company Water treatment supplies 663.84 30347 Hogan & Hansen Payroll and consulting service 309.06 30348 Iowa League of Cities Annual fee for drug and alcohol testing 50.00 30349 Iowa One Call Service 166.50 30350 Kristin Pehl Overpayment on final bill 54.58 30351 Travis Schultz 19.13 30352 Melodie Janssen Refunded payment made in error 150.00 30353 Kristin Pehl " 74.81 30354 Cedar Falls Police Officer's M. D. refund 9.66 Assoc. 30355 St. Vincent DePaul M. D. & U. D. refund 46.22 30356 Tonya Cribbs 43.84 30357 Runieka Thomas 3.76 30358 Fred Johnson 60.62 30359 Bob Stringer 8.92 30360 Gary & Cherie Howard 30.04 30361 Dustin Kile 53.36 30362 American Cable Co. M. D. refund 8.92 30363 Marjorie J. Anderson M. D. & U. D. refund 105.00 30364 Bernard McKinley, Jr. Overpayment on final bill 99.75 30365 Charles Kessler 22.15 30366 Brian Johnson Reimbursed laser printer cost 2,379.00 30367 Steve Johnson Installed heat tape around pipes at 225.00 3211 Ellington after Water Works incorrectly shut water off 30368 K & R Consulting Group, Inc. Mas90 Basic Maintenance Plan 1,715.00 annual renewal for bookkeeper 30369 Keystone Laboratories, Inc. Water sampling 920.50 30370 Menard's Hand soap 15.77 30371 MidAmerican Energy Co. Gas, power and electric 27,465.50 30372 Matt Parrott & Sons Co. Retirement plaque, binder machine, 916.77 tape, paper, toner, pencils, markers, typewriter ribbons and binders 30373 Schumacher Elevator Co. Elevator maintenance 434.18 30374 Scot's Supply Quick couplers for power units on 214.09 units #12 and #18 30375 Service Signing, L. C. Traffic control on LaPorte Road for 375.00 water main repair 30376 The Courier Legal ads 353.88 30377 Wellmark BlueCross Medical insurance 29,006.97 BlueSheild 30378 Waterloo Water Works Postage, copies, thermometer, 33.13 binder combs, washers and belt clip 30379 Collection Services Center Authorized payroll deduction for 270.00 child support 164 30380 ING Life Insurance Authorized payroll deduction for 2,578.00 deferred compensation 30381 Lincoln Financial Group Authorized payroll deduction for 40.00 deferred compensation 30382 Nationwide Retirement Authorized payroll deduction for 500.00 Solution deferred compensation 30383 Public Employees Credit Authorized payroll deduction for 4,977.00 Union credit union Payroll 123,994.26 $1,173,451.40 The General Manager presented the Monthly Financial Report as of January 31 , 2008 as follows: January 1, 2008 Balance $2,672,656.61 Receipts 449,741.03 Disbursements 316,879.42 January 31 , 2008 Balance $2,805,518.22 Debt Reserve Fund 330,000.00 Restricted Bond Fund 1,084,488.95 Bond Debt Sinking Fund 33,420.42 General Fund Balance 1,357,608.85 $2,805,518.22 It was moved, seconded and approved to receive and place on file the Monthly Financial Report as presented. The General Manager presented the Revenue and Expense Summary as of January 31, 2008 as follows: 2007 2008 Operating Revenue $356,363.57 $429,695.77 Operating Expense 338,802.82 334,064.63 $ 17,560.75 $ 95,631 .14 Non-Operating Revenue 23,781.58 19,816.72 Non-Operating Expense 0.00 0.00 Capital Expense 4,800.00 2,379.00 $ 36,542.33 $113,068.86 It was moved, seconded and approved to receive and place on file the Revenue and Expense Summary. The General Manager presented the following resolution for adoption and transmittal to the Waterloo Mayor and City Council for assessment of the charges to the property taxes for water service shut off at 619 Anthony Street. RESOLUTION WHEREAS, the General Manager, Dennis D. Clark, presented a statement of $388.54, which is supported by invoice from the Waterloo Water Works, showing the work necessary to shut off the service line in regard to the following: WHEREAS, the owner was notified by the Waterloo Water Works of water service shut off due to unpaid collections for water service at 619 Anthony Street, which is located on the West 60 feet of the East 150 feet of the South 136 feet of Block No. 12 in "City View Heights" in the City of Waterloo, Black Hawk County, Iowa, and owned by Jason M. Schatzle, a single person. 165 WHEREAS, the property owner improperly turned the water service on without payment of past due water bills, the Waterloo Water Works caused the water service line to be shut of at the curb stop and removed the pave box and rod, and assessed to the property. NOW, THEREFORE BE IT RESOLVED, by the Board of Trustees of the Waterloo Water Works, that the General Manager shall certify this statement to the City Clerk and that the Clerk in turn shall give notice and an assessment made and certified as provided in Title 8 Public Utilities, Chapter 2, Section 8-2-1, in the Code of Ordinances, City of Waterloo, Iowa. It was moved by Burris, seconded by Kuntz, to adopt the resolution and instruct the General Manager to certify this resolution to the City Clerk. On Vote: Ayes: Kuntz, Burris. Nays: None. Absent: Caslavka. Resolution adopted. The General Manager reported that the Water Works staff has finished the design work for the 2008 Rainbow Drive Water Main Replacement Project. The preliminary estimate for construction of the project is $393,000. This estimated amount is included in the approved capital improvements budget for 2008. The City of Waterloo will be reconstructing Rainbow Drive at the same time as the water main replacement. The 2008 reconstruction of Rainbow Drive will occur in nine phases, in order to provide access to properties for residents. Certain phases needed to be completed or nearly completed prior to commencement of the subsequent phase. The replacement of the water main will follow a similar phased replacement due to matching the City's schedule and to keep residents in water at all times. Letting the street reconstruction and the water main replacement as one project to one general contractor will improve project coordination, scheduling and logistics. The City of Waterloo is planning to receive bids on March 3, 2008. It was recommended to approve letting the 2008 Rainbow Drive Water Main Replacement Project in conjunction with the City of Waterloo's 2008 Street Reconstruction Project and to set the date of Public Hearing for the project as March 19, 2008. It was moved by Burris, seconded by Kuntz, and approved to instruct the General Manager to prepare plans, specifications, form of contract, etc. It was moved by Burris, seconded by Kuntz, and approved to receive and place on file plans, specifications, form of contract, etc. It was moved by Burris, seconded by Kuntz, and approved to adopt a resolution to preliminarily approve plans, specifications, and form of contract, etc. It was moved by Burris, seconded by Kuntz, and approved to adopt a resolution to instruct the General Manager to publish notice of plans, specifications, form of contract, etc., taking of bids, and set date of public hearing as March 19, 2008. In conjunction with the previous action, Dennis Clark reported that the 2008 Rainbow Drive Water Main Replacement Project has been completed. The City of Waterloo is reconstructing the easterly portion of Rainbow Drive in 2008 in the same area as the water main replacement project will occur. It will be in the best interest of the Waterloo Water Works and the City of Waterloo to contract the work as a joint project, saving cost and time in coordination, scheduling, logistics, and contract administration. The contracting authority for the joint street reconstruction and water main replacement project will be the City of Waterloo. The City will enter into a contract with the construction contractor for both phases of the project, including the replacement of Waterloo Water Works water main. It is appropriate to have a written agreement stating that both parties wish to participate in this venture and that the Waterloo Water Works will reimburse the City of Waterloo for costs associated with the main extension work. I 166 The Board was provided with the proposed 28E agreement between the City of Waterloo and the Waterloo Water Works. The agreement covers the reasons for the agreement as well as the financing, area covered, and duration of the agreement. It was moved by Kuntz, seconded by Burris, and approved to adopt the 28E Agreement between the City of Waterloo and the Waterloo Water Works for the 2008 Rainbow Drive Water Main Replacement Project, and to authorize the Board Vice-Chairman and the General Manager to sign the agreement. Tim Robbins requested authorization to advertise and take bids for mowing, trimming, and trash removal at our seven well and tower sites. The sites vary in size from 1 to 28.5 acres, covering 42.6 acres in total. The bid is for a three-year contract, with the last contract awarded to Fox Enterprises, LLC. The estimated annual cost is $16,000. It was moved by Burris, seconded by Kuntz, and approved to proceed with the bidding process for mowing, trimming, and trash removal of our seven sites. The General Manager reported that at the January 2008 Pension Committee meeting, it was approved to request that the Board of Trustees investigate the possibility of requiring new Waterloo Water Works employees to enter the IPERS system, and not be eligible to enter the Waterloo Water Works Pension Plan. Below is an excerpt of the proposed minutes from that meeting. Dennis Clark reported on the status of the merger with IPERS study. The third and most recent packet of information was submitted to IPERS on January 3, 2008. No additional information has been requested, and no response has yet been received. Contribution rates for IPERS were distributed, showing that the contribution in FYE2008 was 3.90% for employees and 6.05% for employers. For FYE2009, the rate increases to 4.10% for employees and 6.35% for employers. At the current budgeted payroll, employee and employer contributions in FYE2008 would be $64,772 and $99,704 respectively, for a total of$163,976. For FYE2009, the amounts increase to $74,948 and $116,078, fora total of$191,026. These figures assume 100% participation in IPERS. Currently, four Water Works employees are in !PERS and are not in the Water Works Pension Plan. IPERS is submitting proposals to the Iowa Legislature to allow for additional increases in the future. Dennis Clark distributed copies of Iowa Code, Chapters 412 and 978.42C. Chapter 412 covers Municipal Utility Retirement Systems. Chapter 412.1 established that the Board of Trustees has the authority to establish a retirement system. Chapter 412.2 establishes that funds for the system can be created from assessments on the wages and salaries of employees, from interest on any permanent fund, and from moneys derived from the operation of the Water Works. Chapter 412.3 establishes that the Board has the sole authority to establish rules for the operation of the retirement system. Chapter 412.4 describes payments and allowed investments. Chapter 978.42C covers the merger of a municipal utility retirement system with IPERS. It further states that IPERS is authorized, but is not required, to accept such a merger proposal. It was moved, seconded, and unanimously approved to request that the Board of Trustees investigate the possibility of requiring new employees to enter the IPERS system, without the option to enter the Waterloo Water Works Pension Plan system. The Water Works contributed $205,058.72 to the Water Works Pension Plan in 2007 to cover retirees and 31 employees not covered by IPERS. Also in 2007, the Water Works paid $11,734.90 to IPERS to pay the employer's share for the four employees covered by IPERS, for a total 2007 pension funding amount of $216,793.62. This figure compares to the above 2009 contribution amounts of $116,078 and $191,026 for employer's and total contribution respectively, if all employees were in the IPERS system. 167 It was recommended to require all new employees to enter the IPERS system, and to close the Water Works Pension Plan to additional or new employees. It was moved by Burris, seconded by Kuntz, and approved to require all new employees to enter the IPERS system, and to close the Water Works Pension Plan to additional or new employees. All documentation has been submitted to IPERS, for analysis and study of a possible merger between IPERS and the Waterloo Water Works Pension Plan. The actuary that performs the study will review the data as submitted and develop a contract to perform the actuarial study. The 2008 budget includes $20,000 for completion of the study. It was moved by Burris, seconded by Kuntz, and approved to authorize the actuarial study of the possible merger between IPERS and the Waterloo Water Works Pension Plan, and to expend up to $20,000 to complete the study. The Board of Trustees, at meetings in 2005, 2006 and 2007, approved the labor overhead costs for the Waterloo Water Works. The labor overhead cost is calculated using the most recent year-end information, as well as available current year information. The Water Works uses the overhead costs to mark up project labor costs. The marked-up labor costs are used to more accurately invoice projects and to maintain cost records. 2005 2006 2007 2008 Social Security 7.65% 7.65% 7.65% 7.65% Workmen's Compensation Insurance 2.71 2.31 2.52 2.27 General Liability Insurance 1.53 1.49 1.39 1 .41 Employee Insurance Benefits 28.95 28.62 29.12 28.79 Vacation, Holiday, and Casual Days 16.17 15.92 14.55 15.68 IPERS Equivalent 6.50 6.49 6.41 6.47 Total 63.51% 62.48% 61.64% 62.27% It was moved by Burris, seconded by Kuntz and approved to authorize the labor overhead percent of 62.27% to be applied to the appropriate labor charges. The Waterloo Water Works has four wells with auxiliary emergency standby power systems to allow for continuous operations during a citywide power outage. Wells with auxiliary systems include Wells 14, 19, 21, and 22. The power unit at Well 19, near Crossroads Shopping Center, has been inoperable for over 10 years, due to clutch, exhaust, and other miscellaneous problems. The unit is fired by natural gas, which increases flexibility and dependability over other units that are diesel fired. Tim Robbins has had Zeigler Power Systems investigate the condition of the unit and provide a proposal to bring the unit back on line. A copy of Zeigler's proposal was provided to the Board. In addition to Zeigler costs, other costs to facilitate the repairs include a new silencer and repair of numerous small items. The approved 2008 capital improvements list includes $20,000 for repairs to the Well 19 standby power engine and clutch. It was moved by Kuntz, seconded by Burris and approved to authorize expenditures of up to $20,000 to repair the Well 19 standby power system. The following items were reported by management: The Board was updated on a proposal by Verizon Wireless to install additional cellular antenna arrays on the Kimball Avenue water tower. The existing and proposed site plan and tower elevation were reviewed. In addition, the Board was provided with photographs of concerns with current cellular equipment on the structure. Dennis Clark presented water pumpage information for January 2008, which was 2.29% less than January 2007. 168 The current market value of the Pension Fund as of January 31, 2008 is the sum of $4,001,516.68. The value of the fund has increased $5,083.69 in the last month and year to date. Water Works' contributions received by the pension fund in 2008 are the sum of $205,000.00. Year to date fees are the sum of $4,545.24 and year to date payments to retirees are the sum of $22,985.14. The annual tabulation of broken mains, main leaks, and broken hydrants was reported to the Board. In 2008, 49 mains were broken, 20 main leaks occurred, and 10 hydrants were damaged. A list of several major projects and initiatives currently underway or planned for 2008 was presented to the Board. 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