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04.07.2008
April 7, 2008 Page 2. Minutes of March 24, 2008, Regular Session, as proposed. Proclamation declaring April 6-12, 2008 on Square and Round Dance Week. Swearing-in of the following Police Officers: Nathan Watson, Matthew Miller, Mark Nissen, Tammera Babb, Michael Girsch, and Vaska Tosic. 1. Consent Agenda: (The following items will be acted upon by voice vote on a single motion without separate discussion, unless someone from the council or public requests that a specific item be considered separately.) a. Resolution to approve the following: 1. 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 Waterloo Memorial Day Board to hold annual Memorial Day Parade on May 26, 2008, starting at 10:30 a.m. on 6th & Commercial to Park Avenue, right to Mulberry Street, right to 5th Street and right to Commercial Street. 3. Communication from City Clerk transmitting request of the Nature Center Director for an exception to burning yard waste to burn approximately 26.3 acres of prairie grass located within the Hartman Reserve Nature Center during the time period of March-May 2008 and October-December 2008, together with recommendation of approval of Fire Chief 4. Communication from City Clerk transmitting request of McKinstry Elementary School for an exception to burning yard waste located at the southeast corner of the athletic field during the week of April 21, 2008, together with recommendation of Fire Chief 5. Communication from City Clerk transmitting request of Waterloo Commission on Human Rights for a variance to the Noise Ordinance on June 20, 2008 between 1:00 p.m. and 7:00 p.m. in conjunction with the Summer Harmony Day 3 event to be held at Lincoln Park, including PA system and music, together with recommendation of approval of Police Chief 6. Communication from City Clerk transmitting request of Waterloo Jaycees for a variance to the Noise Ordinance on July 5, 2008 from 10:00 to 10:30 p.m. in conjunction with Jaycees Fireworks Festival, together with recommendation of approval of Police Chief April 7, 2008 Page 3 7. Communication from Assistant City Engineer transmitting request for a temporary variance to the truck embargo on Rainbow Drive between Greenhill Road and Northland Drive from April 7-July 15, 2008 to allow Northland Products, Inc. and customers to use this portion of Rainbow Drive during reconstruction of Rainbow Drive. b. Motion to approve the following: 1. Michelle Boswell, Administrative Secretary, to attend Excel Basics and Beyond the Basics Seminars in Cedar Falls, Iowa on May 12 and May 13, 2008, with costs not to exceed $128.00, including use of city vehicle. 2. Bill Bachman, Assistant Director; and Todd Derifield, City Forester; to attend Iowa Park and Recreation Association Spring Conference in Council Bluffs, Iowa on March 31-April 2, 2008, with costs not to exceed $565.00, including use of city vehicle. c. Beer License Permit Application Class B All Golf Center, 1850 West Ridgeway Avenue (Renewal) (Expires 4/15/09) (Includes Sunday Sales) d. Beer License Permit Application Class C El Mercadito, 520 LaPorte Road (Renewal) (Expires 5/21/09) (Includes Sunday Sales) DELETE - Five Star Snacks & Liquor, 437 Sullivan (New) (Expires 3/25/09) (Includes Sunday Sales) e. Beer/Liquor License Permit Application Class C A.J.'s Eatery & Spirits, 1415 E. San Marnan Drive (Renewal) (Expires 4/21/09) (Includes Sunday Sales) J's R & B Lounge, 501 Independence Avenue (Renewal) (Expires 4/6/09) (Includes Sunday Sales) DELETE - Edo's Sports Bar, 110 East 11 th Street (Renewal) (Expires 5/7/09) (Includes Sunday Sales) f. Liquor License Permit Application Class A The Sunnyside Country Club, 1600 Olympic Drive (Renewal) (Expires 4/13/09) (Includes Sunday Sales) April 7, 2008 Page 4 g. Liquor License Permit Application Class E DELETE - Five Star Snacks & Liquor, 437 Sullivan (New) (Expires 3/25/09) (Includes Sunday Sales) h. Wine License Permit Application Class B DELETE - Five Star Snacks & Liquor, 437 Sullivan (New) (Expires 3/25/09) (Includes Sunday Sales) i. Outdoor Service Area Application All Golf Center, 1850 West Ridgeway Avenue The Sunnyside Country Club, 1600 Olympic Drive j. Fireworks Display Application VGM Group, 1111 W. San Martian Drive on June 9, 2008 Suresh Reddy, 1873 Crabapple Lane on May 17, 2008 k. Cigarette/Tobacco Permit Application Five Star Snacks & Liquor, 437 Sullivan Avenue 1. Bonds. m. Blasting Permit Application John Deere Waterloo Works for demolition of abandoned powerhouse located at 400 Westfield Avenue. HEARINGS 2. Rezone from "A-1"Agricultural District to "M-1" Light Industrial District property generally located on the west side of Bishop Avenue between Independence Avenue and MLK Jr. Drive to allow for the establishment of a portable ready mix concrete plant—Benton's Ready Mix Concrete. 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. April 7, 2008 Page 5 3. Violation of Waterloo Code of Ordinances, Sale of tobacco, tobacco products or cigarettes to any person under eighteen years of age—Casey's 218 Pub, Inc., 4014 University Avenue. HOLD HEARING—No objections on file. Motion-to close hearing and receive and file or al and written comments. Resolution-to assess $300.00 penalty for said violation. 4. Violation of Waterloo Code of Ordinances, Sale of tobacco, tobacco products or cigarettes to any person under eighteen years of age—Harris One Stop, 220 West Parker. HOLD HEARING—No objections on file. Motion-to close hearing and receive and file or al and written comments. Resolution-to assess $300.00 penalty for said violation. DELETE 5. Violation of Waterloo Code of Ordinances, Sale of tobacco, tobacco products or cigarettes to any person under eighteen years of age—Randy's Tap, 307 West 4th Street. HOLD HEARING—No objections on file. Motion-to close hearing and receive and file or al and written comments. Resolution-to assess $300.00 penalty for said violation. UNFINISHED BUSINESS 6. 2008 Cedar River/Exchange Sports Complex Fencing Project. Resolution-to approve communication from Leisure Services Director transmitting recommendation of award of contract in the amount of$30,078.00 to Century Fence Company of Waukesha, Wisconsin. 7. Roof Replacement for Filter Building at Waste Water Treatment Plant. Resolution-to approve communication from Building Official/Maintenance Administrator transmitting recommendation of award of contract in the amount of $117,439.00 to Service Roofing Co. of Waterloo, Iowa. PETITIONS FROM PUBLIC 8. Resolution-to approve communication from City Planner transmitting request of Rosalie Fischels to sell and convey a portion of a vacated alley generally located adjacent to 432 James Street. Set date of hearing as April 28, 2008. 9. Resolution-to approve communication from City Planner transmitting request of Elk Run Energy Associates, LLC, on behalf of the property owners, for voluntary annexation of approximately 347.61 acres generally located along Merle Road, north of Newell Street, 3/4 mile east of N. Elk Run Road for the purpose of constructing a 750-megawatt coal-fired electric generation facility, together with recommendation of approval of Planning, Programming and Zoning Commission. AMEND - Set date of hearing as April 28, 2008. April 7, 2008 Page 6 10. Resolution-to approve communication from City Planner transmitting request of Elk Run Energy Associates, LLC, on behalf of the property owners, to rezone from "A- 1"Agricultural District to "M-2,P"Planned Industrial District approximately 260.36 acres generally located along Merle Road, north of Newell Street, 3/4 mile east of N. Elk Run Road for the purpose of constructing a 750-megawatt coal-fired electric generation facility, together with recommendation of approval of Planning, AMEND _ Programming and Zoning Commission. Set date of hearing as April 28, 2008. DOCUMENTS 11. Resolution-to approve communication from Police Chief transmitting Equipment Credit Agreement with RCSystems, Inc. for$5,800.00 credit to be used to purchase electronic relay and/or surveillance equipment. 12. Resolution-to approve communication from City Planner transmitting Encroachment Agreement with Ron and Cora Turner to allow two sections of a reconstructed split rail fence at 616 Newell Street to encroach seven feet into the right-of-way of Newell Street. 13. Resolution-to approve communication from Community Planning and Development Director transmitting Development Agreement with Empire Enterprises LLC for construction of a 15,000 square foot building addition at their current facility located at 2729 Wagner Road,just north of Broadway Street, with a new taxable value of$388,000.00, and tax rebatements for five years at 50 percent. 14. Resolution-to approve communication from Community Planning and Development Director transmitting agreement with Richard F. Warren & Associates at a cost of $30,000.00 to prepare an application to the federal Office of Community Services Program grant in the amount of$700,000.00 for economic redevelopment in the Logan/Donald Street retail area. 15. Resolution-to approve communication from Community Planning and Development Director transmitting agreement with Wendell Lupkes to lease approximately 19 acres of land generally located north of West Shaulis Road, between Southland Addition and Prescotts Creek for $100.00 to use for baling purposes. 16. Resolution-to approve communication from Fire Chief transmitting 28E Agreement with East Waterloo Township to provide fire and ambulance services. 17. Resolution-to approve communication from City Engineer transmitting Completion of Project and Recommendation of Acceptance of Work performed by Flynn Company, Inc. of Dubuque, Iowa at a total cost of$3,005,419.51 in conjunction with F.Y. 2006 U.S. 20/Ansborough Avenue Interchange Project, Contract No. 667. April 7, 2008 Page 7 18. Resolution-to approve communication from Mayor Tim Hurley transmitting agreement with University of Northern Iowa in support of Cedar Valley MyEntreNet funding at a cost of$35,000.00 per year for two years starting July 1, 2008. 19. Resolution-to approve communication from City Engineer transmitting agreement with Craig Ritland Landscape Architects for design and construction related services at a maximum cost of$14,800.00 in conjunction with F.Y. 2008 E. 4th Street Reconstruction and Streetscape Improvements, Contract No. 742. 20. Resolution-to approve communication from Airport Director transmitting one-year lease agreement with Waterloo Implement for 72" side discharge riding mower at a cost of$3,950.00 and 20'flex wing pull behind mower at a cost of$3,000.00. 21. Resolution-to approve communication from Mayor Hurley transmitting Memorandum of Understanding with the International Association of Firefighters Local No. 66 as it relates to sick leave credit, accumulation, annual distribution and accounting. 22. Resolution-to approve communication from Senior Planner transmitting request for a variance to the requirements of the Subdivision Ordinance in Section 2.3(1)Final Plat Submittal for Preliminary and Final Plat of Greenbelt Centre No. 2. 23. Preliminary Plat of Greenbelt Centre No. 2. Resolution-to approve preliminary plat and necessary documents. 24. Final Plat of Greenbelt Centre No. 2. Resolution-to approve final plat and necessary documents. 25. Resolution-to approve communication from Community Planning and Development Director transmitting Easement Modification Agreement with Deere & Company and the Cedar Valley Tech Works, Inc. to shorten the no build/utility easement No. 1 so the easement does not go over the new road construction in conjunction with the redevelopment of the former Deere & Company site. 26. Roof Replacement for Filter Building at Waste Water Treatment Plant. Resolution-to approve communication from Building Official/Maintenance Administrator transmitting Contracts and Bonds in the amount of$117,439.00 with Service Roofing Co. of Waterloo, Iowa. RESOLUTIONS TO BE ADOPTED 27. Resolution-to approve communication from Community Planning and Development Director transmitting request for authorization to make payment in the amount of $37,729.72 and up to $10,000.00 incidental closing costs to Metropolitan Transit Authority for repayment of FTA grant for landscaping and pavement at the corner of West Mullan Avenue and Commercial Street. April 7, 2008 Page 8 28. Resolution-to approve communication from Superintendent of Traffic Operations transmitting request to place temporary yield signs on Lyon Street at Cornwall Avenue due to reconstruction on Hammond Avenue. 29. Resolution-to approve communication from City Clerk transmitting request to cancel assessments in the amount of$655.00 for fire life safety inspection fees for 426 and 404 Beech Street. NEW BUSINESS 30. Resolution-to approve communication from General Manager of Waterloo Water Works transmitting request to certify the amount of$710.70 for work performed by the Water Works at 225 Linden Avenue, together with recommendation of approval of Waterloo Water Works Board of Trustees. 31. Resolution-to approve communication from General Manager of Waterloo Water Works transmitting request to certify the amount of$710.70 for work performed by the Water Works at 120 Rhey Street, together with recommendation of approval of Waterloo Water Works Board of Trustees. 32. East Park Avenue Parking Garage, Phase II, Divisions I and H. Motion-to instruct Building Official/Maintenance Administrator to prepare plans, specifications, form of contract, etc. Motion-to receive and file plans, specifications,form of contract, etc. Resolution-to preliminarily approve plans, specifications,form of contract, etc. Resolution-to instruct City Clerk to publish notice of plans, specifications, form of contract, etc. and taking of bids. Set date of hearing as April 28, 2008. 33. 2008 Right of Way Mowing. Motion-to instruct Leisure Services Director to prepare specifications, bid document, etc. Motion-to receive and file specifications, bid document, etc. Resolution-to preliminarily approve specifications, bid document, etc. Resolution-to instruct City Clerk to publish notice of specifications, bid document, etc. and taking of bids. Set date of hearing as April 21, 2008. 34. F.Y. 2008 Sidewalk Repair Program -Zone 8 and Trail Repairs, Contract No. 740. Motion-to instruct City Engineer to prepare plans, specifications,form of contract, etc. Motion-to receive and file plans, specifications, form of contract, etc. Resolution-to preliminarily approve plans, specifications, form, of contract, etc. Resolution-to instruct City Clerk to publish notice of plans, specifications,form of contract, etc. and taking of bids. Set date of hearing as April 28, 2008. April 7, 2008 Page 9 35. Resolution-to approve communication from Community Development Director transmitting proposed funding recommendations for the FY2009 Waterloo/Cedar Falls HOME Consortium Consolidated Plan - Community Development Block Grant and HOME Program Funds. Set date of hearing as April 21, 2008. ORAL PRESENTATIONS Motion-to receive and file oral comments. ADJOURNMENT Nancy Eckert, CMC City Clerk MEETINGS Monday, April 7, 2008 4:25 p.m. -Public Safety Committee, Council Chambers 4:30 p.m. -Human Resources Committee, Council Chambers 4:35 p.m. - Building and Grounds Committee, Council Chambers 4:40 p.m. -Public Works Committee, Council Chambers 4:45 p.m. -Finance Committee, Council Chambers 5:00 p.m. - Council Work Session, Council Chambers PUBLIC INFORMATION 1. Communication from Police Chief transmitting appointment of Nathan Watson, Matthew Miller, Mark Nissen, Tammera Babb, Michael Girsch, and Vaska Tosic to the position of Police Officer, effective March 31, 2008. 2. Communication from Director of Cultural & Arts Commission transmitting resignation of Chad Allen, Public Program Coordinator, effective March 7, 2008, together with recommendation of payment of$993.75 for unused vacation time. 3. Communication from Police Chief transmitting payment of$1,096.00 to R. Bruce Arends, Police Captain,for unused sick time. 4. Waterloo Regional Airport Board minutes of January 23, 2008 on file in the City Clerk's office. 5. Planning, Programming and Zoning Commission minutes of February 5, 2008 on file in the City Clerk's office. 6. Waterloo Convention & Visitors Bureau Board minutes of February 19, 2008 on file in the City Clerk's office. April 7, 2008 Page 10 7. Community Development Board minutes of February 19, 2008 and Public Hearing minutes of February 19, 2008 on file in the City Clerk's office. 8. Board of Waterloo Water Works Trustees minutes of March 19, 2008 on file in the City Clerk's office. 9. Memorial Hall Commission minutes of February 27, 2008 on file in the City Clerk's office. 10. Communication from Community Planning & Development Director transmitting retirement of Don Temeyer, Community Planning & Development Director, effective March 31, 2008, together with recommendation of payment of$41,276.95 for unused sick time and vacation pay. CONTRACT PAYMENT SCHEDULE 1. Riverwalk Loop Trail Cedar Bend to Mullan Avenue, Contract No. 714. Pay estimate No. 13 to Cedar Valley Corporation in the total amount due of $3,019.61. 2. 07 Riverloop Exposition Plaza Phase 1, Div. 2, Contract No. 721. Pay estimate No. 6 to Cunningham Concrete in the total amount due of$12,397.50. 3. Odor Control and HVAC Replacement at Water Pollution Control Facilities, Contract No. 653. Pay estimate No. 14 to EBSCO in the total amount due of$28,161.08. 4. West Shaulis Road Extension. Pay estimate No. 3 to Kirkham Michael & Associates in the total amount due of $5,614.28. 5. Demolition Project, 149-D/AR-GO-08-06-07. Pay estimate No. 1 to Lehman Trucking & Excavating in the total amount due of $3,129.00. 6. Waterloo Dam Rehabilitation and Riverwall Reconstruction, Contract No. 713. Pay estimate No. 23 to Peterson Contractors, Inc. in the total amount due of $37,704.07. iaL g9.5 CITY OF WATERLOO, IOWA COUNCIL RECORD S , ss that the Agenda, as .ed, for the Regular n Monday, April 7, 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 i CC r m N fD n� b� ►Oi rOn (OD ee ► _! b H 0 ro n PI a a• rt cD 0 ►-1 n PI yr o rt Q., s CD a w n y 0 H y zz 0 w rr �0M1 _ H v ► 7i W 0 Q x H CO' z 0 0 VWS _ z V I v c) - o `� ti rr N 0 p, 0 rn 0 t a • • • • CITY OF WATERLOO, IOWA COUNCIL RECORD April 7, 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 Mond y, April 7, 2008. Mayor Timothy J. Hurley in the Chair. Roll Call: ..t1,4)55) , , t.Ja��oea- it U0 2d Moment of Silence. -�r -� Pledge of Allegiance: Eric Thorson, City Engineer. AYES NAYS ABSENT ABSTAIN MS. COLE (� MR. GETTY MR. HART V/ MR. GREENWOOD (/ MR. STEVE SCHMITT �' MR. WELPER MR. REGGIE SCHMITT (/ ei m N CD rat roZ o m c� cn ti to 0 V Pi XI r co H p 'd ►1 M fD & b H O b n 1--+0 p. CCD � 0 0 CD N CD. XI H H O 0 Q• CD C 0'an 0 o H H (') rt s CD a kgCt 7O n N H Z Z w ° et O Z 1-3 H 0 Z z 0 a a ►. m PO 0 n rr N 0 a - It I / �� CITY OF WATERLOO , IOWA G ..�. WATERLOO POLICE DEPARTMENT `�� ,......*i 715 Mulberry Street • Waterloo, IA 50703 • (319) 291-4339 Fax (319) 291-4332 �ter-G \° THOMAS J.JENNINGS • Chief of Police March 24th, 2008 Mayor TIMOTHY J. HURLEY TO: Mayor Tim Hurley City Council Members COUNCIL MEMBERS FROM: Thomas J. Jennings Chief of Police REGINALD A. SCHMITT SUBJECT: Personnel Appointments Ward 1 CAROLYN COLE As per the Iowa Code, Chapter 400, and as authorized by the Mayor and Ward 2 Council, I will be appointing the following individuals to the position of Police Officer: HAROLD GETTY Ward 3 Nathan Watson Matthew Miller JOHNA. Mark Nissen KINCAID Tammera Babb Ward 4 Michael Girsch RON Vaska Tosic WELPER Ward 5Their appointments will be effective Monday, March 31, 2008. BOB GREENWOOD I would like to request the April 7th, 2008 council meeting for their Oath of At-Large Office. ERIC GUNDERSON At-Large Cc: Nancy Eckert, City Clerk Michelle Weidner, CFO Robert Stringer, Personnel File 60.0o.00 3�m WE'RE WORKING FOR YOU! VIGILANCE An Equal Opportunity/Affirmative Action Employer J v Lgye- CITY OF WATERLOO, IOWA COUNCIL RECORD that the Minutes, as proposed, for the Regular Sess' n o , March 24, 2008, at 5:30 p.m. , be accepted, and approved. .Ayes: '1 Motion carrie . Mayor Hurley read a Proclamation declaring April 6-12, 2008 on Square and Round Dance Week. Mayor Hurley performed Swearing-in of the following Police Officers: Nathan Watson, Matthew Miller, Mark Nissen, Tammera Babb, Michael Girsch, and Vaska Tosic. AYES NAYS ABSENT ABSTAIN MS. COLE MR. GETTY MR. HART MR. GREENWOOD MR. STEVE SCHMITT MR. WELPER MR. REGGIE SCHMITT P:1 'L1 t:J fib '� fti 7d Z ► CO 4�: r_ r• m n ro 0 c� 0 •6 0 b XI GO N a cu Po n rn �D J ro H b C1 o (D r• n (D rt - v p 0 H ti 0 #t f•H+ pa cD rr 0 o n w ., al1-3H 0 a (D C 0' n _ o a *it w ►-3 I.-40 rt a (D (D (D W rt 16. 16 r 0 H H ao ' a' 0 H l a H. Cr M P �� i _ H 0 0 Q 0 . ; \ `�� Z 0 a — , _ z _-tom - ( CD = _ 0 OR n 1 .- ,... N • 0 $1 O _ r M o PO CD a k* .' i i w -....'V March 24, 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, March 24, 2008. Mayor Timothy J. Hurley in the Chair. Roll Call: Cole, Getty, Hart, Greenwood, Steve Schmitt, Welper, Reggie Schmitt. Moment of Silence. Pledge of Allegiance: Don Temeyer, Community Planning & Development Director. 126801 - Reggie Schmitt/Greenwood that the Agenda, as amended, for the Regular Session on Monday, March 24, 2008, at 5:30 p.m. , be accepted and approved. Ayes: Seven. Motion carried. 126802 - Reggie Schmitt/Greenwood that the Minutes, as proposed, for the Regular Session on Monday, March 17, 2008, at 5:30 p.m. , be accepted and approved. Ayes: Seven. Motion carried. Mayor Hurley read a Proclamation declaring March 24-30, 2008 as National Community Development Week. Mayor Hurley performed a Swearing-In of the following firefighters: Garrett Gingrich, Steven Spalla, Samuel Hess, Ian Wass. Mayor Hurley read a Proclamation declaring April 3, 2008 as Frank Gotch Day. CONSENT AGENDA 126803 - 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. 1-58, dated March 24, 2008, in the amount of $1, 015, 040.42, 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. 2008-213 . 2 . Communication from City Clerk transmitting request of Bruce Stiles for an exception to burning yard waste to burn approximately 3 acres of prairie grass located on Big Rock Road, 1% mile west of Highway 63 during the time period of April 17 and May 17, 2008, together with recommendation of approval of Fire Chief. Resolution adopted and upon approval by Mayor assigned No. 2008-214. 3 . Communication from Police Chief transmitting request of Waterloo Jaycees to hold Jaycees Fireworks Festival on July 5, 2008 from 6:00 p.m. to Midnight, including live bands, food and beverage vendors, beer gardens and fireworks, and located on the 4th Street Bridge area, Veterans Memorial Park, Soldiers and Sailors Park, lot along 4th Street next to the Courier building and the Sixth Street Bridge. Resolution adopted and upon approval by Mayor assigned No. 2008-215. b. Motion to approve the following: 1. Chuck Carpenter, Chief Electrical Inspector, to attend 70th Annual Educational Meeting of the International Association of Electrical Inspectors in Waterloo, Iowa on April 9-11, 2008, with costs not to exceed $170. 00, including use of city vehicle. 2 . Communication from Director of Cultural and Arts Commission transmitting recommendation of appointment of Johanna Kramer-Westin to the position of Public Program Coordinator, effective March 25, 2008. l ' Y t' 1 'papzzpo uo-pow •uanas :saAv i'8'T9E'ZE$ VI 'ooTzaTpM 'aoua3 zaTTTW 00 '0OS'E£$ VI 'ooTza;pM 'sza4sp4 aouad pMoI 00'8Lt'8Z$ IM 'pgsaxnpM 'Aupdwo3 aouad Aznqua3 qunowv ptg zapptg :MaTAaz zo3 zogoaaTG saoTAaas aznsT 'I o; za3az pup spiq pax pup uado oq xzaT3 AgTD gonzgsut pup aTT3 'anpaoaz o; 34Twg0s ana4S/APPaO - 8089ZT 'LTZ-800Z 'oN paubtssp zoApw Aq Tpnozddp uodn pup pa;dope uopgnTosaa •uanas :saAy 'paa dopp aq ' „goaCozd pips anogp q pp uoTlouncuoo uT uoTDonzgsuoo buTaapzo uoTgnjosag„ ;pg; 11pwgos ana;S/A;;aJ - L089ZT '91Z-800Z 'oN pau6Tssp zoApW Aq Tpnozddp uodn pup pagdopp uoTgnTosaI •uanas :saAy •pagdopp aq ' „goaCozd butoua3 xaTdwo3 sgzods abupgoxg/zantg zppa3 800Z g;TM uoTgouncuoo uT •oqa ',opzquoo 3o wzo3 'suoTgEDTJTDads 'supTd 3o Tpnozddp bupwzt;uoo uop:nTosag„ Teti; ;;TunI0S analS/A34aD - 9089ZT •papzzpo uotloj •uanas :saAy •pasoTo aq butzpag aql qet q;twgoS ana4S/A44aE •auou azaM azagl pup suopgoaCgo Tpzo pup uaggpzM zo3 paTTpo zoApW agl 'buTaPag otTgnd 3o aop[d pup awp age butaq spgy - S089ZT •paTaapo uot4o4 •uanaS :saAy •aTT3 uo paopjd pup pantaoaz aq '800Z ''T gozpw uo zaTanoD ooTzagpM agq up pagsTignd sp 'goaCozd butouad xaTdwoa sgzods abupgoxg/zanpg zppap 800Z uo buTapag DTTgnd 3o aoT;ou 3o uotgpotTgnd 3o 3oozd gpgq ;twgoS anagS/A44aD - fi089ZT said '9 SDNIUVaH •patzzpo uoTgoW •uanaS :saAy gaaz;S azowpDAS OOS 'zauzo0 utpbzpg s,Auty uoTgpoTTddV ;Twzad 000pgoy/aggazpbT3 •b ;aaz;S ,ot 'H OZE 'auTTa3 age pup rip ppog STTnp4S 'S 0E8T 'aszno3 3ToE sTTTH ggnos uoT4PDTTddy pazly aopnzas zoop4no '3 (saTps Appuns sapnTouI) (60/LT/£ saaTdxg) (Tvmauag) gaaa;S ,,t 'a OZE 'zeITa3 ag; pup 110 (saTPS Appuns sapnTouI) (60/LZ/E saaTdxs) (TpMauag) anuany TTpgwTi ZZTZ 'spuaba2 3 ssp[3 uot4potTddy gTwzad asuaotZ zonbtj/zaaH •a (saTps Appuns sapnTouI) (60/0E/6 saaTdxg) (TpMauag) laaz4s a;;aAp3pZ 9S6T 'Azaooao s,xzop ssPID uoTgeDTTddY 4Twzad asuaaTZ zaag (saTpS Appuns sapnTouI) (60/TE/E saztdxg) (TpMauag) POI sTInpgS 'S 0E8T 'aszno3 3To0 sTTTH g;nos ssET3 uoT1PotTddV gTwzad asuaDTZ zaag 'o panuTquoa ppuab1 quasuop abpd 800Z 'tZ gozpW March 24, 2008 Page 3 Hearings & Bids continued 126809 - Getty/Hart that proof of publication of notice of public hearing on Roof Replacement for Filter Building At Waste Water Treatment Plant, as published in the Waterloo Courier on March 4, 2008, be received and placed on file. Ayes: Seven. Motion carried. 126810 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Getty/Steve Schmitt that the hearing be closed. Ayes: Seven. Motion carried. 126811 - Getty/Steve Schmitt that "Resolution confirming approval of plans, specifications, form of contract, etc. in conjunction with Roof Replacement for Filter Building At Waste Water Treatment Plant" , be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2008-218. 126812 - Getty/Steve Schmitt that "Resolution ordering construction in conjunction with above said project" , be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2008-219. 126813 - Getty/Steve Schmitt to receive, file and instruct City Clerk to open and read bids and refer to Building Official/Maintenance Administrator for review: Bidder Bid Bond Bid Amount Service Roofing, Waterloo, IA 5% $117,439.00 Black Hawk Roofing, Cedar Falls, IA 5% $182,600.00 Ayes: Seven. Motion carried. UNFINISHED BUSINESS 126814 - Hart/Steve Schmitt that communication from Superintendent of Central Garage transmitting recommendation of award of contract in the amount of $52, 190.00 to Community Motors of Cedar Falls, Iowa in conjunction with Purchase of Two 4-Wheel Drive Pickup Trucks, be received, placed on file and "Resolution approving award of said contract" , be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2008-220. 126815 - Hart/Steve Schmitt that communication from Superintendent of Central Garage transmitting recommendation of award of contract in the amount of $33, 668.00 to Witham Auto Center of Waterloo, Iowa in conjunction with Purchase of One 4-Wheel Drive Truck and Service Body, be received, placed on file and "Resolution approving award of said contract" , be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2008-221. REPORTS 126816 - Hart/Steve Schmitt that communication from Mayor Hurley transmitting changes to Comp Time Policy for non-exempt, non-bargaining employees as it relates to payout of comp time upon promotion and submission of over time hours to payroll, be received, placed on file and "Resolution approving said policy" , be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2008-222. 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Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2008-227. 126822 - Cole/Reggie Schmitt that communication from Mayor Hurley transmitting applications to Black Hawk Gaming for grants in the amount of $19, 900.00 for Shaulis Road Recreation Area Traffic Safety Enhancement and $160, 000.00 for Cedar Valley Traffic Safety Education Program, be received, placed on file and "Resolution approving said applications" , be adopted and Mayor authorized to execute same. Prior to a vote on the above motion, the following comments were heard. Councilperson Steve Schmitt asked what is the $160, 000 .00 application for Cedar Valley traffic education program. Sandie Greco, Superintendent of Traffic Operations, responded the city received a grant from the Iowa DOT for the Drive Safe Cedar Valley Program, and this is to keep that program alive because the grant has run out. Councilperson Steve Schmitt asked if that is something that is done in the schools for the education part. Ms. Greco responded they will be approaching the schools and going out into the community and specific organizations. Councilperson Greenwood asked for an explanation on the Shaulis Road Recreation Area Traffic Safety Enhancement. Ms. Greco responded they are going after LED street name signs which are on mast arms and focusing on night driving. If awarded the grant, they would do the intersections of Shaulis and Hwy 218, Shaulis and Dysart Road, and Isle of Capri and Shaulis. Mayor Hurley noted that we would like to get those street signs that you see in other parts of the country that are very clear and easy to read at night and thought this would be a good intersection for that. Councilperson Greenwood asked if we are developing a new field for the T-ball diamond. Paul Huting, Leisure Services Director, responded that the plans are to add two T-ball diamonds to the complex area near the stadium between the current stadium parking lot and the existing fields. Following comments a vote was taken on the above motion with the following result. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2008-228. 126823 - Reggie Schmitt/Greenwood that communication from Assistant City Attorney transmitting Acknowledgement/Settlement Agreement in the amount of $300.00 with The Isle Casino, 777 Isle of Capri Blvd. , for selling tobacco, tobacco products or cigarettes to person under 18 years of age, be received, placed on file and "Resolution approving said agreement" , be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2008-229. 126824 - Reggie Schmitt/Greenwood that communication from Assistant City Attorney transmitting Acknowledgement/Settlement Agreement in the amount of $300.00 with Walgreen's, 3910 University Avenue, for selling tobacco, tobacco products or cigarettes to person under 18 years of age, be received, placed on file and "Resolution approving said agreement" , be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2008-230. � ' Y •saouanbasuoo azTp Teaz gnoq:TM papooT3 aq pTnoo goTgM 'eaze oT;aTgge asodznd-T;Tnw e 3o PUP( e aq TTtM pooT3 TTTM geg4 eaze MoT agq. uo aneg TTTM aM buTgq ATuo agy •punozb zagbTg uo osTe st goTgM zagTags Mau e gnoge buTfTel aze am •abpT1 zaddn agq buoTe TTezq g4TM 'punozb gbTg uo aq TTTM s;uawanozdwT aq; 3o sow geg1 pauTeTdxa 'zogoazTQ saoTnzaS aznsTaq 'buTgnH "[fled aTTgM e uT aouo papooT3 qab op Aaq os 'gaaz4S u,6 gsaM buoTe aze Degq. seaze uoTquagap 3o sadA4 aweS agq aneq sized AgzagTZ pue zabezquog gegq pagou zaAaway •zW •uTez 30 qoT e sT azagp UTM buTpooT3 ;o asneoaq szeaA 3o aTdnoo e uT paAozgsap aq oq qT quell ;,upTnoM all 'Aauow 3o pup{ sTgf puads oq buTob st AgTo agq. 3T gegq. pagou pooMuaazo uoszadTTouno3 •uag3o se qT goa33a q,uoM aTgeq zageM gbTg agy gegq os aTge; gegq dn buTzq of uT paTTT3 uaaq seq eaze MOT agy •eaze gegq uT dn awoo ueo aTgeq zageM agq. asneoaq zageM qab aneq osTe qT aTgeq zageM gbtq buTzna •spooT3 gbTg buTznp vary uoTquagaz e ST 4eg4 OS 'ob oq azagMawos aneq of seg qT asneoaq eaze gegq oquT xoeq gzanaz TTTM zageM 'gngs aze sageb aqq 3o TTe uagM pooT3 gbTg Azan e uT 'zanaMoH uT ob qou saop qT os zanTH zepap alp oq pagzanTp uaaq Mou seg zageM agy 'abpTzq gaazlS ,4,8T Mau agq. pue uoTgonzgsuooaz anuany uoquTA awl. 3o lzed e sy •aT oquT padwnp seM eaze aqq woz3 zageM alp 'Tv pue puod uoTquagaz a se pasn SeM puod S ,Zed papuodsaz zaAaway •zw •eaze gegq uT swaTgozd abeuTezp aze azagq 3T poise pooMuaaao uoszadTTounop •squawnoop pTq pup suoT4eoT3Toads azedazd TTTM sgoagTgoze agy •spjaT3 TTeq pup za000s uoTgvuTgwoo aq ueo azagq os spTaT3 do;sxoeq aq; zo3 seaze buToua3 Mau oM; uT qnd pue xzed att.; punoze ATa;aTdwoo TTezq agy piTnq 'zagTags Mau a pTTnq 'sgznoo agq aoe;znsaz oq buTob aze all papuodsaz 'zogoa1TQ quawdoTanaa 5 buTuueTd AgTunwwoJ 'zaAaway uoa •xzed 4egq uT uo 00.000 '005$ puads all pTnoM gegt pas pue 00.000 '005$ sT buTpun3 goaCozd Tegoq aqq 4egf pagou pooMuaa1J uoszadITounop •pzeaq azaM squawwoo buTMoTTo3 agm 'uoTlow anoge agq. uo agora e oq zoTzd •awes agnoaxa of pazTzoggne NaaTD AgTD pue zoAeW pup pagdope aq ' „quawaazbe pTes buTnozdde uoTgnTosaH„ pue aTT3 uo paoeTd 'paATaoaz aq 'xzed aa gaAvgvq 3o quawdoTanapaz ggTM uoTgouncuoo uT '00.00S'Zt,$ paaoxa oq qou gsoo a qv 'saDTnzas ubTsap zo3 eMo2 'ooTzageM 3o sgoagTgo1Y SIHK gfTM quawaazby aoTnzaS buTTTnsuoD buTg1Twsue1J zogoa1TQ quawdoTanaa pue buTuueTd AgTunwwoD w0z3 uoTleoTunwwoo gegq ggTwgoS anagS/zadTaM - 8Z89ZT •££Z-800Z '0N paubTsse zoAew Aq Tenozdde uodn pue pagdope uoTgnTosaH •uanaS :saAy 'awes agnoaxa oq pazTzoggne zoAew pue pagdope aq ' 11uoT4voTTdde pTes buTnozdde uoTgnTosaH„ pup aTT3 uo paoeTd 'paATaoaz aq '00•Ti9T '06$ 3o gogew AgTO quaozad SZ pazTnbaz ggTM '00•LS9 '09£$ 3o uoT,zod AgTo zo3 aozo,3 xsey quawaozo3ug bnzQ Aqunop-Tay agy 3o buTpun3 zo3 00'£OL 'ZS9$ 30 qunowe agq uT quezo aouegSTssid aDTgsnr 800Z Aaa 1O3 AoTTod TozquoD bnzQ 3o aoT33p s ,zouzan0D aq� ggTM uoTgeoTTdde buTggTwsuezq 3aTgD aoTTod woz3 uoTgeoTunwwoo gegq glTwtPS anaa S/zadTaM - LZ89ZT •Z£Z-800Z 'oi paubTsse zoAeW Aq Tenozdde uodn pue pagdope uoTgnTosaH •uanaS :saAy -awes agnoaxa oq pazTzogpne zoAew pue pagdope aq ' „auawaazbe pTes buTnozdde uoTgnTosa?„ pue aTT3 uo paoeTd 'panTaoaz aq 'axTq zad gquow zad 00'SZT$ 30 gsoo a Te SaToAozolow aDTTod oM$ 3o aseaT 103 TTang/uospTnea-AaTzeH aTbeg zanTTS 1.1.4TM quawaazbe buTggTWSuezq 3aTgm aDTTod wOz3 uoTgeoTunwwoo gegq ggTwqDS analS/zadTaM - 9Z89ZT 'T£Z-800Z '0N paubTsse zoASW Aq Tenozdde uodn pue pagdope uoTgnTosad •uanaS :saA\ 'awes agnoaxa o4 pazTzoggne xzaTD AgTD pup zoAew pup pagdope aq ' „quawaazbe pTes buTnozdde uoTgnIosaH„ pup @TT3 uo paoeTd 'panTaoaz aq 'abe 3o SzeaA 8T zapun suoszad o; saggazebTo zo sgonpozd 000egoq '000egoq buTTTas zo3 '4aaz1S ,S gsaM ETE 'zeg puoweTQ 144TM 00'00£$ 30 qunowe agq uT quawaazby quawaTggas/quawabpaTMouxov buTggTwsuezq Aauaoqqy AgTD quegsTssV wax; uoTgeoTunwwoo 4e114 pooMuaaz0/41TwgoS aTbbaH - SZ89ZT panuTquoo squawnooa 9 abed 800Z 'T,Z gozeyi March 24, 2008 Page 7 Documents continued Charles Holland, a member of Neighbors for Life Neighborhood Association, explained that the park next year will be 100 years old according to their records, and it really needs some renovation. There is a small area for the little kids to play but the basketball and tennis courts are pretty bad. This is about the only place from Bowers Creek to this building for kids to play, and without anything in there they are going to get into mischief. Councilperson Reggie Schmitt reported he received a phone call from John Kincaid, former 4th Ward Council Member, because he worked on this project for five years. The $500, 000.00 BEDI loan is part of the Rath Brownfield. Mr. Kincaid could not be here tonight, but he wanted to extend his thanks to Don and Rudy for getting that loan in place and making it happen. Marci Savage, a member of the Neighbors For Life Neighborhood Association, explained that in 2000 the park flooded, but there was minor damage. Ms. Savage agrees completely that their children need a great place to play. Councilperson Steve Schmitt noted that he read somewhere that the school' s fee for the architects typically is about 7 percent and asked if this is kind of a ballpark figure. Mr. Temeyer responded it is on an hourly basis with a maximum not to exceed and that is for construction inspection also. Part of this is to have a neighborhood meeting, which is not free. Mr. Huting commented that he has been working with Councilman Hart on this, and they will have some neighborhood meetings. There is a very compressed timeframe because this money is now available and we have one short construction season to do the project. If council approves this tonight, he will be meeting with the principal tomorrow. Following comments a vote was taken on the above motion with the following result. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2008-234 . 126829 - Steve Schmitt/Reggie Schmitt that communication from Fire Chief transmitting application with U.S. Department of Homeland Security, Federal Emergency Management Agency, for a 2008 Assistance to Firefighters Grant in the amount of $75, 000.00, with 20 percent matching funds, to be used to purchase eight thermal imagers, be received, placed on file and "Resolution approving said application" , be adopted and Mayor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2008-235. 126830 - Steve Schmitt/Reggie Schmitt that communication from Superintendent of Waste Management Services transmitting Treatment and Flow Control Agreement with ConAgra Foods-Packaged Foods, LLC, be received, placed on file and "Resolution approving said agreement" , be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2008-236. 126831 - Steve Schmitt/Reggie Schmitt that communication from Building Official/Maintenance Administrator transmitting amendment to 800 MHz Frequency Reconfiguration Agreement with Nextel, be received, placed on file and "Resolution approving said amendment" , be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2008-237. 126832 - Greenwood/Reggie Schmitt that communication from Leisure Services Director transmitting agreement with Black Hawk County Gaming Association for grant #1065 in the amount of $190, 000.00 for field improvements at Riverfront Baseball Stadium, be received, placed on file and "Resolution approving said agreement" , be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. 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CMC is not a corporation so there was nowhere we could go and no one to speak with, it was all word of mouth from past employees that we were working with. Councilperson Hart noted that Howard R. Green has done great work in helping us alleviate some of our Brownfields, but is there a process that we can use to maybe take a look at some other consulting firms. Whether or not they get the city $1.4 million we will never know, but it seems like every week or so there is another change order from Howard R. Green. Councilperson Hart noted that he just wants to be on record as posing the question about the possibility for some others later in the future. Mayor Hurley commented that Howard R. Green has been working with the city for a long, long time, and every time we go through the process, Howard R. Green is the one that is chosen. Councilperson Reggie Schmitt explained the city sent out RFQs to engineering firms four years ago, and he, Don and Noel were a part of the selection committee. Five different engineering companies were interviewed. Howard R. Green was the one selected and they were developing the familiarity and knowledge of Waterloo of what' s underground and what other problems we've got coming. They were selected and that is why you keep seeing them. Not to say we can't do that again, but four years ago we did exactly what Councilperson Hart suggested. Following comments a vote was taken on the original motion with the following result. Ayes: Seven. Motion carried. 126834 - Greenwood/Reggie Schmitt that communication from City Planner transmitting Change Order No. 4 in the net increase in the amount of $3, 900. 00 for work to be performed by Howard R. Green Company of Cedar Rapids, Iowa in conjunction with Former Chamberlain Manufacturing Brownfields Assessment Project, be received, placed on file and approved and Mayor authorized to execute same. Prior to a vote on the above motion, the following comments were heard. Noel Anderson, City Planner, noted that the site is contaminated and the city continues to work with the EPA. Chamberlain is still a viable corporation out of the Chicago area that we are working with along with the EPA in cleaning up the site. This is for additional assessment and having Howard R. Green as our consultant to help us through that process. Following comments a vote was taken on the above motion with the following result. Ayes: Seven. Motion carried. 126835 - Greenwood/Reggie Schmitt that communication from Fire Chief transmitting application with Black Hawk County Gaming for a grant in the amount of $185, 000 .00 to be used to purchase a new ambulance for Waterloo Fire Rescue, be received, placed on file and approved and Mayor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2008-239. RESOLUTIONS TO BE ADOPTED 126836 - Reggie Schmitt/Welper that "Resolution designating National Community Development Week of March 24-30, 2008 to commemorate the Community Development Block Grant Program in the City of Waterloo, Iowa" , be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2008-240. •SOT330 S ,IOApw agq uT Adoa p .gat ostp pup poOMuaa1O •zW Pup ;gTWLIOS aTbbag •zW 'Aggao •zw oq saTdoo puss oq pagonzgsuT set aqs pagou szapupz •sw •wTpto at;. 3o IpTuap agq zo3 uospaz ate; sT butppaz sT ags gpqM pup Aupdwoo aoupznsuT zno ugTM paTT3 uaaq SPU wTpto p pauTptdxa 'xzatj AgTo 'gzaxog AOupN •appw Aagq wawApd agq zo3 0£'968 3o quawaszngwTaz goadxa Aagq upo uagM sT uoT;sanb AtuO zaq pup watgozd AgTo p ST STuq paazbp anpu STETOT33O AgTD •buTt l ggETJ agq buTop A;To agq pup ssau1Tp3 3o zaggpw p ST STU/ •oq pa-mlua uaaq qou anpq Aagq buTggAup zo3 paxsp zana Aagq anptl zou Mou buTxsp qou are Aagy •zaggTa buTMoux 3o AEM ou pPg Aagq os oTgoAsd qou azp Jag; pup pupgsnt. zaq 'AtagpungzoJun •qT 3o azpo axpq pInoM Aat;q azogaq watgozd p 3o aoTgou paoupnpp spaau AgTo agq uo paspq zaggat IETuaP P panTaoaz UTpbp anpt[ Aauy •Pattpo oqm upw agq zou Aupdwoo aoupznsuT woz3 xopq pit qou set; aqs qnq 'watgozd AgTo p SEM watgozd alp gpgq paazbp uTpbp pup WTu oq paxtpa pup pupgsnq zaq PaTTpo zagPI TETOT330 AlTD K 'Jag oq xopq dab pup TpToT33o A4To p q;TM dn MoITO3 PInoM ags pTps ags •TpTOT33o AgTo Aup oq uaxods qou pp4 aqs aouTs uospaz Zpaz ou ppq aqs PaTZdwT aqs uo uotsToap agq buTspq zaTzzpo auk SEM ELM paxsp aqs uaLM •paTuap SEM WTpto agq qpgq zag A3Tpou o; zag pattpo Aupdwoo aoupznsuT S ,A4To agq woz3 anTTpquasazdaz y 'AgTo auk Aq paszngwiaz aq p[noM Aagq quapT3uoo buTTaa3 ITTq auq, PTpd Aaq; zagwntd ail; pattpo Aat;q aouTs •pantosaz SEM watgozd agq TTpun auaos auk uo pauTpwaz pup pattpa azaM SIETOT330 AgTO •watgozd AgTo p SPM qT pauTwzagap pup paATzzp zagwntd agq 'zagwntd agq Pattpo Aagi, •awoq ITagq oquT dn paxopq abpias uagM 800Z 'TT Azpnupr uo pazzn000 gpttM saumno .Et[ uoT3,pquawnoop paTtddns set; aqs ;pub pagou szapup2 *SW •uoTsToap S T aszanaz TZTM AgTO aqq getjl oTgsTWTgdo azp Aagq azat;M luTod 3t4 O; panTzzp AIagpwTgTn AEI pup STETOT33o AgTo zaggo Aq ware oq pauTtgnO Sp stauupt;o agpTzdozddp TIP PaMOTt03 anpq AaLjy 'AgTTTq?suodsaz AgTo uTggTM site; Atbuozgs taa3 pupgsnq Jag pup aqs Tpgl Zpaddp up zo3 quawaszngwTaz zo3 wTpto zTagq gzoddns oq sgop3 awos quasazd oq gg6Tuol azaq sT aqs paa pgs 'laaI s T•aMaN ZO£T 'szapuEZ aoTupr - £689ZT SNOI1YINHSHUd FI` UO 'Z066 'ON paubTssp 1OAEW Aq Zpnozddp uodn pup pagdopp aoupuTpiO •uanas :saAy •pagdopp pup awTq piTq zo3 passed pup pazapTsuoo aq ' „T ON quawpuawy agq buTop uptd quawdotanapag pup TpMauag upgzn anuany upboa butpuawp aoupuTpzo up„ 4ELp ggTWLlos snags/Aggao - Zt89ZT •paTzzpo uo-pow 'uanas :saAy •papuadsns aq sbuTgaaw zoTzd OM; qp abpsspd zo3 pawn pup pazapTsuoo aq o; saoupuTpzo buTiTnbaz satnz Teti; ggTwqDS anagS/AlgaO - 189ZT •paTzzp3 uo-pow •uanaS :saAy •awT; puooas zo3 passed pup pazapTsuoo 'aIT3 uo paoptd 'panTaoaz aq ' „T 'oN quawpuawy agq buTop uptd quawdotanapag pup IpMauag upgzn anuan' upboZ aq; buTpuawp SOUPUTPIO up„ qpip. 44Twq°s anagS/A4gaO - Ot89ZT •TO6t 'ON paubTssp 1OAEW Aq Ipnozddp uodn pup pagdopp aoupuTpIO •uanaS :saAy 'pagdopp pup awT; pip agq zo3 passed pup pazapTsuoo aq ' „odxa dootzanTg ootzagpb agq 3o quawdotanap agq zo3 gaazgs uogbuTgspM pup ;aazgS IETozawwoa uaaMgaq pup anuaAY Napd •M pup gaazgs px£ 'M uaaMgaq palpaot Attpzauab SAaTTP BUTTSOpn aoupuTpzp up" TELjq 11Twg0 S anagS/AggaO - 6£89ZT •PaTzzpo uoTgoW •uanaS :saAy •papuadsns aq sbuTgaaw zoTzd OMq qp abpsspd 103 pagon pup pazapTsuoo aq oq saoupuTPzo buTiTnbaz satnz qPg; 44Twuos anagS/A4430 - 8£89ZT •paTzzpo uoTgoW •uanag :saAy puooas au; zo3 passed pup pazapTsuoo 'aTT3 uo paoptd 'panTaoaz aq ' „odxs dootzanTI ootzagpM agq 3o quawdotanap agq zo3 gaaI S uogbuTgspM pup gaazgs IpTozawwoo uaaMgaq pup anuany Napa •M pup Jaazgs p3£ 'M uaaMgaq Pa;EDOT ATIpzauab sAaITE buT4popn aoupuTpIO up„ qpt4.4 ggTWt;os anagS/AggaO - L£89ZT aSydoav as oy ssON11NIa2Io 0T abed 800Z 'TiZ gpaPW March 24, 2008 Page 11 Oral Presentations continued Lawrence Wheeler, 433 Bratnober, commented there seems to be a problem in Waterloo, it' s a racial problem. Not a black and white racial problem but a Latino racial problem. What is going on is that people use environment as an excuse to keep out the coal plant. They used traffic as a problem to keep Monsanito out. Several years ago there was a country song that came out, "Mamas don't let your babies grow up to be cowboys" . That song, from a psychological profile, trained people who work in factories, farms and construction is dirty work and work that should be signed off to workers of a third world nation. Because we have a large infiltration of Mexican Latino workers that come across the borders that do construction work because its heavy work, dirty work and work that is out in extreme heat. Americans have grown lazy to be doing it themselves. Mr. Wheeler stated that when he was in Kansas, in addition to being a person who did real estate development and worked as a millwright, 90 percent of his crews if that shop was not a used shop it was all Latino work. Mr. Wheeler challenged these people, are they really concerned about environment, are they really concerned about traffic, or are they trying to keep the Mexicans out of Waterloo. The Statue of Liberty is an open door. You don't have to come through New York to become a U.S. citizen of this country. Mr. Wheeler commented that he has seen an awful lot of white firefighters, he doesn't see any Mexicans, nor very many Blacks. In February this city did not recognize Black History Month, and its been around longer than Martin Luther King day. Mr. Wheeler noted that Malcolm X Day is coming up on May 19, 2008, and he hopes the city acknowledges those people. Councilperson Hart asked what type of follow-up will there be for Ms. Zanders. Will there be some kind of communication or should we make copies of her letter to put on file for the other council members. Mayor Hurley responded he has seen the letter from Ms. Zanders. Nancy Eckert and he will find out what the situation is. Mayor Hurley stated he would like to hear from council once they read the facts and deliberate on them to tell him what they would like to do and why. Getty/Reggie Schmitt that the above oral comments be received and placed on file. Ayes: Seven. Motion carried. ADJOURNMENT 126844 - Reggie Schmitt/Cole that the Council adjourn at 6:46 p.m. Ayes: Seven. Motion carried. Nancy rt, CMC City Clerk @ , o CITY OF WATERLOO, IOWA PROCLAMATION WHERE*5, square dancing is the official American folk dance; and WHEREAS, square dancing is enjoyed by both young and old, single and married; and WHEREAS, square dancing has many positive elements. In addition to the fun, friendship and feeling of physical well-being that dancers experience, it offers challenge and teamwork — individuals all doing their part to bring the dance to a successful conclusion, each one an essential part of the dance; and WHEREAS, the City of Waterloo has the distinct pleasure of hosting the 46th Annual Iowa State Square and Round Dance Convention at the Five Sullivan Brothers Convention Center on April 11 and 12,2008. Now, THEREFORE) I, Timothy J. Hurley, Mayor of the City of Waterloo, Iowa, do hereby proclaim the week of April 6— 12,2008, as SQUARE AND ROUND DANCE WEEK in Waterloo,Iowa in honor of this statewide event. IN YiITNESS WHEREOF, I have hereunto set my hand and caused the official seal of the City of Waterloo to be affixed this 7th day of April,2008. Timothy J. Hurley,Mayor City of Waterloo,Iowa O This Resolution prepared by Nancy Eckert, City Clerk, 715 Mulberry Street, Waterloo, Iowa. RESOLUTION NO. 2008-242 RESOLUTION GRANTING PERMISSION TO WATERLOO MEMORIAL DAY BOARD TO HOLD ANNUAL MEMORIAL DAY PARADE ON MAY 26, 2008 . WHEREAS, the Waterloo Memorial Day Board has made written application to the City Council asking that they be authorized and permitted to hold the annual Memorial Day Parade on May 26, 2008, and WHEREAS, said parade will start at 10 : 30 a.m. , with route beginning on 6th Street and Commercial Street to Park Avenue, right to Mulberry Street, right to 5th Street and right to Commercial Street. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that permission is hereby granted to the Waterloo Memorial Day Board to hold the annual Memorial Day Parade on May 26, 2008 starting at 10 : 30 a.m. , with route beginning on 6th Street and Commercial Street to Park Avenue, right to Mulberry Street, right to 5th Street and right to Commercial Street . PASSED AND ADOPTED this 7th day of April, 2008 . Tim Hurley, Mayo ATTEST: Nanc Ec t CMC City Clerk This Resolution prepared by Nancy Eckert, City Clerk, 715 Mulberry Street, Waterloo, Iowa. RESOLUTION NO. 2008-243 RESOLUTION APPROVING APPLICATION FOR EXCEPTION TO BURNING YARD WASTE FROM HARTMAN RESERVE NATURE CENTER DIRECTOR. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Application for Exception to Burning Yard Waste from the Hartman Reserve Nature Center Director, to burn approximately 26. 3 acres of prairie grass located within the Hartman Reserve Nature Center during the time period of March - May 2008 and October - December 2008, be and the same is hereby approved. PASSED AND ADOPTED this 7th day of April, 2008 . Tim Hurley, Mayor ATTEST: Nancy , CMC City Cle '1� This Resolution prepared by Nancy Eckert, City Clerk, 715 Mulberry Street, Waterloo, Iowa. RESOLUTION NO. 2008-244 RESOLUTION APPROVING APPLICATION FOR EXCEPTION TO BURNING YARD WASTE FROM MCKINSTRY ELEMENTARY SCHOOL. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Application for Exception to Burning Yard Waste from McKinstry Elementary School located at the southeast corner of the athletic field during the week of April 21, 2008, be and the same is hereby approved. PASSED AND ADOPTED this 7th day of April, 2008 . Tim Hurley, Mayor ATTEST: Nancy Eck , CMC City Cle 6l'13- a This Resolution prepared by Nancy Eckert, City Clerk, 715 Mulberry Street, Waterloo, Iowa. RESOLUTION NO. 2008-245 RESOLUTION GRANTING REQUEST OF WATERLOO COMMISSION ON HUMAN RIGHTS FOR VARIANCE TO NOISE ORDINANCE, ORDINANCE NO. 3094 . WHEREAS, Waterloo Commission on Human Rights is requesting a variance to the Noise Ordinance on June 20, 2008 from 1: 00 p.m. to 7 : 00 p.m. in conjunction with the Summer Harmony Day 3 event to be held at Lincoln Park, including PA system and music, and WHEREAS, said event will exceed the limits of the Noise Ordinance, Ordinance No. 3094, and WHEREAS, said Waterloo Commission on Human Rights has made formal application for a variance effective June 20, 2008 from 1 : 00 p.m. to 7 : 00 p.m. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the request of Waterloo Commission on Human Rights for a variance to Ordinance No. 3094, Noise Ordinance, June 20, 2008 from 1 : 00 p.m. to 7 : 00 p.m. in conjunction with Summer Harmony Day 3 event to be held at Lincoln Park, including PA system and music, be and the same hereby granted. PASSED AND ADOPTED this 7th day of April, 2008 . Tim Hurley, Mayo ATTEST: Nancy anc Eck MC City Clerk c. This Resolution prepared by Nancy Eckert, City Clerk, 715 Mulberry Street, Waterloo, Iowa. RESOLUTION NO. 2008-246 RESOLUTION GRANTING REQUEST OF WATERLOO JAYCEES FOR VARIANCE TO NOISE ORDINANCE, ORDINANCE NO. 3094 . WHEREAS, Waterloo Jaycees is requesting a variance to the Noise Ordinance on July 5, 2008 from 10 : 00 to 10 : 30 p.m. in conjunction with the Jaycees Fireworks Festival, and WHEREAS, said event will exceed the limits of the Noise Ordinance, Ordinance No. 3094, and WHEREAS, said Waterloo Jaycees has made formal application for a variance effective July 5, 2008 from 10 : 00 to 10 : 30 p.m. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the request of Waterloo Jaycees for a variance to Ordinance No. 3094, Noise Ordinance, July 5, 2008 from 10 : 00 to 10 : 30 p.m. in conjunction with the Jaycees Fireworks Festival, be and the same hereby granted. PASSED AND ADOPTED this 7th day of April, 2008 . Tim Hurley, Mayo ATTEST: Nancy Eck , CMC City Cler a S. ti • C > 4 G rJ 4h4' Resolution prepared by Nancy Eckert, City Clerk, 715 Mulberry et, Waterloo, Iowa. ` ` RESOLUTION NO. 2008-247 -+ sue d ti RESOLUTION GRANTING VARIANCE TO SECTION 582, OF ORDINANCE NO. 4602, AS AMENDED, TRUCK H � ORDINANCE (TRUCK EMBARGO) ON VARIOUS STREETS IN THE CITY OF WATERLOO, IOWA. WHEREAS, the City Council of the City of Waterloo, Iowa, has • adb ted an Ordinance embargoing truck traffic on Rainbow Drive bween Greenhill Road and Northland Drive, known as Section 582, {S;rdinance No. 4602, as amended, Traffic Ordinance, and 00 r WHEREAS, the City Engineering Department has requested a 4 zzarrance to said Ordinance to allow Northland Products, Inc. and c�ast-bmers to use this portion of Rainbow Drive during Q4anstruction of Rainbow Drive, from April 7 - July 15, 2008 . NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF *I- CITY OF WATERLOO, IOWA, that a variance to Section 582, of Qi7iance No. 4602, as amended, Traffic Ordinance, be granted as pzFquested. PASSED AND ADOPTED this 7th day of April, 2008 . Tim Hurley, Mayo ATTEST : Nancy , -C-MC City Clerk Lr CITY OF WATERLOO , IOWA CITY CLERK AND FINANCE DEPARTMENT 111 715 Mulberry St. • Waterloo, IA 50703 • (319) 291-4323 Fax (319) 291-4571 erlO0 �O NANCY ECKERT • City Clerk MICHELLE WEIDNER,CPA • Chief Financial Officer MEMORANDUM Manor TO: Mayor Tim Hurley TIMOTHY). And Council Members HURLEY FROM: Nancy Eckert, City Cle COUNCIL DATE: April 2, 2008 MEMBERS RE: Request for Variance to Noise Ordinance REGINALD A. SCHMITT Ward1 Attached please find a copy of an application from CAROLYN Waterloo Commission on Human Rights requesting a variance COLE to the Noise Ordinance on June 20, 2008 from 1 : 00 - 7 : 00 Ward 2 p.m. in conjunction with Summer Harmony Day 3 to be held at Lincoln Park, including a band and PA system. This HAROLD application has been reviewed by Police Chief Tom GETTY Jennings . Ward 3 This item will appear on the Council agenda of Monday, QUENTINM. April 7, 2008 . If you have questions prior to Monday' s HART meeting, please feel free to contact my office . Ward 4 RON WELPER Ward 5 BOB GREENWOOD At-Large STEVE SCHMITT At-Large CITY WEBSITE: www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer OWA T1 0CITY CLERK AND FINANCE DEPARTMENT .� 715 Mulberry St. • Waterloo, IA 50703 • (319) 291-4323 Fax (319) 291-4571 CITY OF WATERLOO 3 �fetlO° �° NANCY ECKERT • City Clerk MICHELLE WEIDNER,CPA • Chief Financial Officer MEMORANDUM Mayor TO: Police Chief Tom Jennings TIMOTHY j. HURLEY FROM: Nancy Eckert, City Cler DATE: April 2, 2008 COUNCIL MEMBERS RE: Request for Variance to Noise Ordinance REGLNALDA. Attached please find a copy of an application from SCHMITT Waterloo Commission on Human Rights requesting a variance tvardi to the Noise Ordinance on June 20, 2008 from 1: 00 - 7 : 00 CAROLYN p.m. in conjunction with Summer Harmony Day 3 to be held COLE at Lincoln Park, including a band and PA system. iVard Please review said request, and if it meets with your HAROLD approval, please come to my office to sign the original GETTY application. I plan to place this request on the Council Ward3 agenda of Monday, April 7, 2008 for formal approval . QUENTINM. Thank you for reviewing this application. If you have HART any questions, please give me a call . Ward 4 RON WELPER Ward 5 BOB GREENWOOD At-Large STEVE SCHMITT At-LaWc CITY WEBSITE: www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer (:!!!7!) %9CITY OF WATERLOO , IOWA CITY CLERK AND FINANCE DEPARTMENT 715 Mulberry St. • Waterloo, IA 50703 • (319) 291-4323 Fax (319) 291-4571 NANCY ECKERT • City Clerk MICHELLE WEIDNER,CPA • Chief Financial Officer MEMORANDUM Mawr TIMOTHY J. TO: Mayor Tim Hurley HURLEY And Council Members FROM: Nancy Eckert, City Cle COUNCIL MEMBERS DATE: April 2, 2008 RE: Request for Variance to Noise Ordinance REGINALD A. SCHMITT Ward 1 CAROLYN Attached please find a copy of an application from COLS Waterloo Jaycees requesting a variance to the Noise tvai,1' Ordinance on July 5, 2008 from 10 : 00 - 10 : 30 p.m. in conjunction with Waterloo Jaycees Fireworks Festival . HAROLD This application has been reviewed by Police Chief Tom GETTY Jennings . Ward 3 This item will appear on the Council agenda of Monday, QUENTINNI. April 7, 2008 . If you have questions prior to Monday' s HART' meeting, please feel free to contact my office. Ward 4 RON WELPER Ward 5 BOB GREENWOOD At-Large SIEVE SCHMITT At-Large CITY WEBSITE: www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Iiii:5IFIIN II i�144e.i .... CITY CLERK AND FINANCE DEPARTMENT .,/ 715 Mulberry St. • Waterloo, IA 50703 • (319) 291-4323 Fax (319) 291-4571 �afer(00 �0 NANCY ECKERT • City Clerk MICHELLE WEIDNER,CPA • Chief Financial Officer MEMORANDUM Moior TO: Police Chief Tom Jennings TIMOTHY J. HURLEY FROM: Nancy Eckert, City Cle DATE: April 2, 2008 COUNCIL MEMBERS RE: Request for Variance to Noise Ordinance REGINALDA. Attached please find a copy of an application from SCHMITT ward Waterloo Jaycees requesting a variance to the Noise Ordinance on July 5, 2008 from 10 : 00 - 10 : 30 p.m. in CAROLYN conjunction with Waterloo Jaycees Fireworks Festival. COLE !Valli 2 Please review said request, and if it meets with your approval, please come to my office to sign the original HAROLD application. I plan to place this request on the Council GETTY agenda of Monday, April 7, 2008 for formal approval. 'Vard 3 Thank you for reviewing this application. If you have QL'ENTINM. any questions, please give me a call . HART Ward 4 RON WELTER Ward BOB GREENWOOD At-Larne SIEVE SCHMITT At-Large CITY WEBSITE: www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer ri CITY OF WATERLOO , IOWA �T•� WATERLOO POLICE DEPARTMENT 715 Mulberry Street • Waterloo, IA 50703 • (319) 291-4339 Fax (319) 291-4332 %1'/OO ‘C) THOMAS J.JENNLNGS • Chief of Police March 28, 2008 Mice TIMOTHY J. Mayor Timothy J. Hurley HURLEY City Council Members Dear Mayor Hurley and Council Members: COUNCIL MEMBER`_- Dale Hixson, Waterloo Memorial Day Board, has contacted me. Their Board is requesting permission to conduct the annual Memorial Day Parade on Monday, REGINALD A. May 26, 2008. SCHMITT Ward 1 The parade will start at 10:30 a.m. from the Wells Fargo Bank parking lot at W. CAROLYN 5th Street and Commercial. Staging will be on location between 9:30 a.m. and COLE 10:00 a.m. The parade route is the same as last year: I�a ,l HAROLD • From 6th & Commercial to Park Avenue GETTY • Right to Mulberry Street Ward: • Right to 5th Street QUENTIN M. • Right to Commercial - end HART Ward d Police motorcycle, bicycles and horse patrol units are requested. Barricades will RON be needed along the parade route. I have coordinated this request with Fire- WELPER Rescue, Leisure Services, Street and Traffic Departments. I request that the City ward, Council pass a resolution authorizing this event. BOB GREENWOOD Sincerely, At-Large STEVE SCHMITT At-Large Tho as J. Jens Chie of olive/ TJJ:dkk cc: Chief Doug Carter, Fire-Rescue Sandie Greco,Traffic Operations Superintendent Paul Huting, Leisure Services Steve Decker,Street Department Superintendent Captain Tim Pillack, Patrol Division Dale Hixon,Waterloo Memorial Board, %The American Legion, 619 Franklin Street,Waterloo 50703 3�m CITY WEBSITE: www.ci.waterloo.ia.us VIGILANCE WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer a. THE MEMORIAL DAY BOARD MEMORIAL DAY PARADE AND SERVICES Mayor Tim Hurley Waterloo City Council Member 715 Mulberry St 715 Mulberry Street Waterloo IA 50703 Waterloo IA 50703 The Memorial Day Parade and Services will be held on May 26, 2008. The parade will start at 10:30 from the Wells Fargo parking lot on W. 5th and Commercial. We are asking you to be on location between 9:30am and 10:00am so the parade can get lined up, see starter at the lots drive in. We will contact you with a line up number. You are also invited to attend the Services at the Memorial Hall following the parade. Please do your usual and contact anyone else that is needed. Also we are asking you to give a few your usual pointed comments at the services. We will also provide a convertible for you in the parade. If there are any questions - please contact The American Legion at 234 8511 or me at my home at 233 2236. Thank You. Dale Hixson RECEIV D MAR 112008 A� tt mac;' `t-tJ ') At E R1Y)&T A U0 7 636, i�f } 1�'L1 f %�' I�� CITY OF WATERLOO , IOWA t. IWT1 CITY CLERK AND FINANCE DEPARTMENT �Z "" y�� 715 Mulberry St. • Waterloo, IA 50703 • (319) 291-4323 Fax (319) 291-4571 fifer►°° \° NANCY ECKERT • City Clerk MICHELLE WEIDNER,CPA • Chief Financial Officer MEMORANDUM Alayoi TIMOTHY J. TO: Mayor Tim Hurley HURLEY And Council Members FROM: Nancy Eckert, City Cle COUNCIL MEMBERS DATE: March 17, 2008 REGINALD A. RE: Application for Exception to Burning Yard Waste SCHMITT Ward 1 CAROLYN Attached please find an application from Nature Center Director to burn COLE approximately 26.3 acres of prairie grass located within the Hartman Reserve Nature Ward 2 Center during the time period of March — May 2008 and October— December 2008. HAROLD This application has been referred to the Fire Chief for his review, and he has GETTY recommended approval of said application. Ward 3 Similar applications have been given approval by the City Council. Our city QUENHART N M. ordinance states that exceptions should be granted only when "burning of native HART Ward 4 vegetation is a recognized management technique." RON Based upon these recommendations, we would recommend your approval of this WEEPER request. This item will appear on the city council agenda of Monday, April 7, 2008. Ward 5 Should you have questions or comments prior to that time, please feel free to contact BOB my office. GREENWOOD At-Large STEVE SCHMITT At-Large CITY WEBSITE: www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Mk. CITY OF WATERLOO , IOWA CITY CLERK AND FINANCE DEPARTMENT .+. 715 Mulberry St. • Waterloo, IA 50703 • (319) 291-4323 Fax (319) 291-4571 .ferloo '° ' NANCY ECKERT • City Clerk MICHELLE WEIDNER,CPA • Chief Financial Officer MEMORANDUM Mayor TIMOTHY J. TO: Doug Carter, Fire Chief HURLEY FROM: Nancy Eckert, City Cle COUNCIL DATE: March 25, 2008 MEMBERS RE: Application to Burn Prairie Grass REGINALD A. SCHMITT Ward I Attached please find an application from Hartman Reserve Nature Center Director to CAROLYN burn approximately 26.3 acres of prairie grass located within the Hartman Reserve COLE Nature Center during the time period of March—May 2008 and October—December Ward 2 2008. HAROLD GETTY Please review said request, and if it meets with your approval, please stop by my Ward.3 office at your convenience to sign the original application. This request will be placed on the council agenda of Monday, April 7, 2008. QUENTIN M. HART Ward 4 Thanks for your help in this matter. If you have questions, please do not hesitate to contact my office. RON WELPER Ward BOB GREENWOOD At-Large STEVE SCHMITT At-Lome, CITY WEBSITE: www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer l` CITY OF WATERLOO , IOWA CITY CLERK AND FINANCE DEPARTMENT 715 Mulberry St. • Waterloo, IA 50703 • (319) 291-4323 Fax (319) 291-4571 ferloo \° NANCY ECKERT • City Clerk MICHELLE WEIDNER,CPA • Chief Financial Officer MEMORANDUM Mawr TIMo'fEly I. TO: Mayor Tim Hurley HURLEY And Council Members FROM: Nancy Eckert, City C1e COUNCIL MEMBERS DATE: April 2, 2008 REGINALD A. RE: Application for Exception to Burning Yard Waste SCHMITT Ward 1 CAROLYN Attached please find an application from McKinstry Elementary School to burn COLE prairie grass located at the southeast corner of the athletic field during the week of ward 2 April 21, 2008. This application has been referred to the Fire Chief for his review, HAROLD and he has recommended approval of said application. GETTY Ward 3 Similar applications have been given approval by the City Council. Our city ordinance states that exceptions should be granted only when "burning of native HARTN M. vegetation is a recognized management technique." HART Ward 4 Based upon these recommendations, we would recommend your approval of this RON request. This item will appear on the city council agenda of Monday, April 7, 2008. IATELTER Should you have questions or comments prior to that time, please feel free to contact Ward Ward 5 my office. BOB GREENWOOD At-Large STEVE SCHMITT At-Large CITY WEBSITE: www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer AP' h,� ITY F WAT L , IOWA ows lilt /�.... ..... CITY CLERK AND FINANCE DEPARTMENT 715 Mulberry St. • Waterloo, IA 50703 • (319) 291-4323 Fax (319) 291-4571 4'er400 �3 NANCY ECKERT • City Clerk MICHELLE WEIDNER,CPA • Chief Financial Officer MEMORANDUM Mm/or TIMOTHY J. TO: Doug Carter, Fire Chief HURLEY FROM: Nancy Eckert, City Cle COUNCIL DATE: April 2, 2008 MEMBERS RE: Application to Burn Prairie Grass REGINALD A. SCHMITT Ward 1 Attached please find an application from McKinstry Elementary School to burn CAROLYN prairie grass located at the southeast corner of the athletic field during the week of COLE April 21, 2008. Ward HAROLD Please review said request, and if it meets with your approval, please stop by my GETTY office at your convenience to sign the original application. This request will be Ward.3 placed on the council agenda of Monday, April 7, 2008. HARTTIN M. Thanks for your help in this matter. If you have questions, please do not hesitate to Ward 4 contact my office. RON WEEPER Ward 5 BOB GREENWOOD At-Large STEVE SCHMITT At-Lame CITY WEBSITE: www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer //111 1y CITY OF WATERLOO , IOWA WATERLOO ENGINEERING DEPARTMENT 715 Mulberry St. • Waterloo, IA 50703 • (319) 291-4312 Fax (319) 291-4262 'Iter1O0 N0 ERIC THORSON,P.E. • City Engineer email:city.engineer@waterloo-ia.org Major April 2, 2008 TIMOTHY J. HURLEY A040708 COUNNCIL MEMBERS Honorable Mayor Hurley and City Council City Hall Waterloo,IA 50703 REGINALD A. SCHMITT Ward 1 RE: TRUCK EMBARGO VARIANCE CAROLYN RAINBOW DRIVE (GREENHILL RD. TO NORTHLAND DR.) COLE NORTHLAND PRODUCTS CO.,INC. Ward 2 F.Y.2008 STREET RECONSTRUCTION PROGRAM CONTRACT NO. 736 HAROLD GETTY Ward 3 Dear Mayor and City Council: QUENTIN tit. The Engineering Department is requesting a temporary variance to the truck embargo on HART Rainbow Drive between Greenhill Road and Northland Drive. Approval of this request will Ward 4 allow Northland Products Co.,Inc. and their customers to use this portion of Rainbow Drive RON during the reconstruction of Rainbow Drive. WELPER Ward 5 Northland Products,Inc. will need the use of this portion of Rainbow Drive at various times from April 7 through July 15,2008. BOB GREENWOOD Sincerely, At-Large STEVE SCHMITT At-Large Dennis J. Gentz,P.E. Assistant City Engineer cc: Tom Jennings, Police Chief CITY WEBSITE: www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer FINANCE DEPT. STAFF ONLY LINE ITEM USED U)/o / (/ ? FY O'BUDGETED /5Z1) 00 EXPENDED YTD /.�Jv2-(�'7 / TRAVEL REQUEST THIS REQUEST /�Jera° CITY OF WATERLOO LEFT AFTER THIS 3-9 33 REQUEST �} DATE IS- Re-a?' NAME(S): DATE: Michelle Boswell March 17, 2008 TITLE: DESTINATION: Administrative Secretary Cedar Falls, Iowa DEPARTURE DATE RETURN DATE DATE(S) OF MEETING May 12, 2008 May 13, 2008 May 12th & 13th 2008 PURPOSE OF TRAVEL: To attend Excel Basics and Beyond the Basics Seminars WILL TRAVEL REQUIRE ADDITIONAL PERSONNEL: _ X COST $- Yes No METHOD OF TRAVEL: CITY VEHICLE PRIVATE VEHICLE AIR(COMPLETE FOLLOWING INFORMATION) TRAVEL AGENCY: AIRLINE: CITY OF DEPARTURE: ESTIMATE OF COST: (PER PERSON) DEPARTMENT LINE ITEM : 01 0-1 R-795n-1 -i4h LODGING TAXI y REIMBURSABLE MEALS PARKING YES NO 1 Est nn REGISTRATION AIRFARE X REQUIRED CERTIFICATION MILEAGE YES NO TOTAL: $ 128.00 I BELIEVE THIS TRIP TO BE NECESSARY I APPROVE THIS TRAVEL REQUEST AND BENEFICIAL TO THE CITY OF WATERLOO DEPARTMENT HEAD MAYOR -3- a 2-Z 4 DATE DATE 0/0 /3/S C o n` FINANCE DEPT. STAFF ONLY LINE ITEM USED 0/0 b FY BUDGETED .00 EXPENDED YTb fJ TRAVEL REQUEST THIS REQUEST 35,aD CITY OF WATERLOO LEFT AFTER THIS REQUEST DATE 34_OS NAME(S): 6;it B„k„„.,4 DATE: —rad NIteici- TITLE: ,i661:Mf Altedtl- DESTINATION: CAI ret eskr Coimc;i blurr:s IA DEPARTURE ITT; RET R DATE DATE(S) OF ME-TING 3 31 o5 ) j _. ,2 PURPOSE OF TRAVEL: A 14ened Iowa R wea l'ett ASSDC;d1;6/1 Sp 61 CoiztrellCe- . WILL TRAVEL REQUIRE ADDITIONAL PERSONNEL: COST $ Yes No 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 : S2LQ: 3a-±tLQL-- I 3 hS LODGING TAXI X REIMBURSABLE MEALS PARKING YES NO 310 REGISTRATION AIRFARE REQUIRED CERTIFICATION MILEAGE YES NO TOTAL: $ 5 4:25 I BELIEVE THIS TRIP TO BE NECESSARY I APPROVE THIS TRAVEL REQUEST AND BENEFICIAL TO THE CITY OF WATERLOO DEPARTMENT HEAD MAYOR DATE DATE ariZzifloq JeAoldw3 uoiloy anllewJl4y(AlunjJoddo lenb3 uy if1OA 2IOd ONIN TOM d2LHM Sn'el'oolda}L'M'TYMMM :d.LISSdM KLIJ oI:ZIIQ Xau.Io y IutTsissy .L.LIHHDS .zajaoglla 2I putia 3naLs aoOMN3aN aoa °`s.znoii/clan n t,.itiA.I xacrom •IsIJ mount aqI uo unrolls `poporal No?I C) put panoaddE a10M P7 `ponIulgns spuoq gm Jo PaUM 0 DIVH •800Z `£ Ipdy uo ssauisnq Jo °solo .1AI NI.LN3i1O aql of do aoijj moltpnypJJoj3 43 alp IIIIM popj spuoq aqI pauiu txa °Aug £Ptv[bl i.I.L3O :saaquJoJA pounoj put icapnll.10/CUTAT Mau a1O21VH £OLOS VI `OOIaaIt� �'T10D IItH AhD N,KIO IVD ltounoD/Its put JialanH UII I aokew r.PAVM .L AI-DS V CI IVNID3?I SN3q RIA: 800Z `L Itzdy yid 12ICIH f AH,IOY\IL IIduao;I y 43 runrstssy'2I33aOHT13Z 2I QIAVU • IIdUAO;;b'FIliJ'2If'HS'IWM'a S3vvirf 0 00p% lL917-1.6Z (61.E) Xed LZE4-1.6Z (61.E) • EOLOS vi 'ooljaleM • 'iS AJaaglnW 914 3OIdd0 S.AJN11O11Ad A113 VM 0! 1 0 0'1 1:131VrM d O A J.1 O �'�I ,.gin►i BONDS FOR COUNCIL APPROVAL April 7, 2008 RIGHT OF WAY CONSTRUCTION BOND (EXPIRES 4/30/09) AMOUNT: $5000 .._IA 537881 Alfred Schott LaPorte City, IA .... 5.5-199022 Bentley Construction, Inc. Waterloo, IA Bd 7900649534 Benton Sand & Gravel, Inc. Cedar Falls, IA ..A 593784 Black Hawk Machinery Sales Inc. Waterloo, IA —Bd 7900545028 Bowers Masonry, Inc. Waterloo, IA --IA 537158 Cedar Valley Corp. Waterloo, IA ._---Bd 7900550868 Christone, Inc. Waterloo, IA --55-198491 Dave Schmitt Construction Co. , Inc. Cedar Rapids, IA TA 537837 Don Gardner Construction Co. Waterloo, IA —'A 573467 Earnest Bennett Waterloo, IA 566969 Frickson Asphalt Excavation Evansdale, IA ..— 5-198508 Hatch Grading & Contracting, Inc. Dysart, IA Bd 0000054805 Huff Contracting, Inc. Waterloo, IA --Bd 0000546550 Iowa Heartland Habitat for Humanity Waterloo, IA _ 9-5 CC 8008 4 Joe Jones dba Waterloo, IA Jones Brothers Asphalt Paving Company —LI 613730 Kevin Kalsem Waterloo, IA ._._.b..9173956 Meli, LLC Waterloo, IA 14989862 Michael D. Albers Dike, IA ,—Bd 0000492798 Michael Huff Construction Waterloo, IA �A 580415 Operation Threshold Inc Waterloo, IA _.400TE9079 Peterson Contractors, Inc. Reinbeck, IA —14968162 Richard Kayser dha Kayser Backhoe Service Jesup, IA ---Ed 60739 Robert Lucas dba Lucas Asphalt Paving Evansdale, IA 00 2548 4 Robert Putnam Edgerton Jr Cedar Falls, IA --RLI 565684 Terry Phillips dba D.C. Corp. Waterloo, IA --RLI 565683 Thomas Buysse dha Tojo Cons Waterloo, IA —.$LI 572023 Tiedt Drainage, Inc. Waverly, IA 1A 537809 Young Plumbing & Heating Co. Waterloo, IA /,�"�' , Il, CITY OF WATERLOO , IOWA WATERLOO ENGINEERING DEPARTMENT 715 Mulberry St. • Waterloo, IA 50703 • (319) 291-4312 Fax (319) 291-4262 ��etlpp \O ERIC THORSON,P.E. • City Engineer email:city.engineer@waterloo-ia.org M(at/or TIMOTHY J. April 3, 2008 HURLEY 9002 COUNCIL A040708 MEMBERS Honorable Mayor Hurley and Waterloo City Council REGINALD A. Waterloo City Hall SCHMITT Waterloo, IA 50703 VJnrd l CAROLYN RE: BLASTING PERMIT COLE JOHN DEERE WATERLOO WORKS Ward 2 HAROLD Honorable Mayor Hurley and Waterloo City Council: GETTY Ivard.> Anderson Excavating has submited a request to obtain a blasting permit to be used in conjunction with the demolition of two (2) large boilers and coal bunkers at John Deere QUENTIN_V. Waterloo Works, Waterloo, Iowa. HART Ward 4 I recommend that the City Council approve the blasting permit for this project subject RON to the provisions of the permit. \NELEE!: Sincerely, 60il GRars, C C%t) At-L�r�,� �y J STEVE SCHMITT Eric Thorson, P.E. 4t Law(' City Engineer Attachment cc: Thomas Jennings, Chief of Police Doug Carter, Fire Chief CITY WEBSITE: www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer From:Matthew Wndisch At:The Selzer Company FaxID:The Selzer Company To:City of Waterloo Date:4/8/2008 09:18 AM Page:2 of 2 �4 ACORD CERTIFICATE OF LIABILITY INSURANCE CSR MW DATE(MM/DD/YYYY) CHICA-1 04/08/08 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE The Selzer Company HOLDER.THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 975 Easton Road, Suite 100 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Warrington PA 18976 Phone: 215-491-2700 Fax:215-491-2707 INSURERS AFFORDING COVERAGE NAIC# INSURED NSURERA Scottsdale Insurance Co. 41297 INSURER B. AXIS SPECIALTY INSURANCE Co. 15610 Carney Group INSURER C LibertyMutual Group dba Chicago Explosive services 141 West Jackson, Suite 2007 INSURERD• CNA Insurance Company 20443 Chicago IL 60604 INSURER E. COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. !NSK ACIDIC POLICY EFFECTIVE POLICY EXPIRATION LTR NSRD TYPE OF INSURANCE POLICY NUMBER DATE(MM/DD/YY) DATE(MM/DD/YY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X X COMMERCIAL GENERAL LIABILITY BCS0015966 11/03/07 11/03/08 PREMISES(Ea ccuence) $ 100,000 CLAIMS MADE X OCCUR MED EXP(Any one per>on) $ 0 PERSONAL&ADV INJURY $ 1,0 0 0,0 0 0 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG $ 1,000,000 POLICY X PRO- - - ECT LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1 000 000 ANY AUTO (Ea accident) r r ALL OWNED AUTOS BODILY INJURY D X SCHEDULED AUTOS 3010008142 03/31/08 03/31/09 (Per person) HIRED AUTOS BODILY INJURY $ NUN-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO EA ACC $ OTHER THAN AUTO ONLY. AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ 9,000,000 B X OCCUR CLAIMS MADE ANU735582/01/2007 11/03/07 11/03/08 AGGREGATE $ 9,000,000 Comp Op' s $ 9,000,000 DEDUCTIBLE $ RETENTION $ WORKERS COMPENSATION AND X TRY LIMITS OER C EMPLOYERS'LIABILITY WC7345324889057 11/06/07 11/06/08 E.L.EACH ACCIDENT $ 1 000 000 ANY PROPRIETOR/PARTNER/EXECUTIVE r r OFFICER/MEMBER EXCLUDED? E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 OTHER DESCRIPTION OF OPERATIONS/LOCATIONS f VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS RE: Blasting "L" Complex, John Deere It is agreed that The City of Waterloo Iowa is included as additional insured with respect to the operations of the named insured, and where required by written contract. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION) DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL City of Waterloo, IOWa IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR 71 715 Mulberry Street Waterloo IA 50703 REPRESENTATIVES. AUTHOR! D REPRESENTATIV ACORD 25(2001/08) ©ACORD CORPORATION 1988 CITY OF WATERLOO, IOWA COUNCIL RECORD CONSENT AGENDA 1. that the following items on the consent agenda be received, placed on file and approved: a. Resolutions to approve the following: ( -�j 1. Resolution approving Sched le AP640, pp. // - y / , dated April 7, 2008, in the amount of $ 471:3 , a copy of which is on file in the City Clerk' s office, 1together with recommendation of approval of the Finance Committee. //> Resolution adopted and upon approval by Mayor assigned No. 2008-eV '7 l . 2. Communication from Police Chief transmitting request of Waterloo Memorial Day Board to hold annual Memorial Day Parade on May 26, 2008, starting at 10:30 a.m. on 6th & Commercial to Park Avenue, right to Mulberry Street, right to 5th Street and right to Commercial Street. Resolution adopted and upon approval by Mayor assigned No. 2008- 3 . Communication from City Clerk transmitting request of the Nature Center Director for an exception to burning yard waste to burn approximately 26.3 acres of prairie grass located within the Hartman Reserve Nature Center during the time period of March - May 2008 and October - December 2008, together with recommendation of approval of Fire Chief. Resolution adopted and upon approval by Mayor assigned No. 2008- V . 4 . Communication from City Clerk transmitting request of McKinstry Elementary School for an exception to burning yard waste located at the southeast corner of the athletic field during the week of April 21, 2008, together with recommendation of Fire Chief. Resolution adopted and upon approval by Mayor assigned No. 2008-12 q7. 5. Communication from City Clerk transmitting request of Waterloo Commission on Human Rights for a variance to the Noise Ordinance on June 20, 2008 between 1:00 p.m. and 7:00 p.m. in conjunction with the Summer Harmony Day 3 event to be held at Lincoln Park, including PA system and music, together with recommendation of approval of Police Chief. AYES NAYS ABSENT ABSTAIN MS. COLE J//1-41-174 MR. GETTY UCs MR. HART MR. GREENWOOD t MR. STEVE SCHMITT � . MR. VIEWER MR. REGGIE SCHMITT �/ Xi 011 tl GI phi X$ Z cn x ro n Do 0 c) cD • C n RI 0 a) th to o ►d x 0 N p 0 ri n CD r L. p H t 0 4# 0 a CD rr 0 A n N CD XI H H i H CI r a 0. CD cD CD a w rr y °z H y 0 r M H °z 9, p z z W 0 a z cD ro 0 K rr a o "i 0 PE, rr 0 a CITY OF WATERLOO, IOWA COUNCIL RECORD Resolution adopted and upon approval by Mayor assigned No. 2008-7 7 S . 6. Communication from City Clerk transmitting request of Waterloo Jaycees for a variance to the Noise Ordinance on July 5, 2008 from 10:00 to 10:30 p.m. in, conjunction with Jaycees Fireworks Festival, together with recommendation of approval of Police Chief. hh Resolution adopted and upon approval by Mayor assigned No. 2008- vve/(..... . 7 . Communication from Assistant City Engineer transmitting request for a temporary variance to the truck embargo on Rainbow Drive between Greenhill Road and Northland Drive from April 7 - July 15, 2008 to allow Northland Products, Inc. and customers to use this portion of Rainbow Drive during reconstruction of Rainbow Drive. Resolution adopted and upon approval by Mayor assigned No. 2008- :76/ 7. b. Motion to approve the following: 1. Michelle Boswell, Administrative Secretary, to attend Excel Basics and Beyond the Basics Seminars in Cedar Falls, Iowa on May 12 and May 13, 2008, with costs not to exceed $128. 00, including use of city vehicle. 2 . Bill Bachman, Assistant Director; and Todd Derifield, City Forester; to attend Iowa Park and Recreation Association Spring Conference in Council Bluffs, Iowa on March 31-April 2, 2008, with costs not to exceed $565.00, including use of city vehicle. c. Beer License Permit Application Class B All Golf Center, 1850 West Ridgeway Avenue (Renewal) (Expires 4/15/09) (Includes Sunday Sales) d. Beer License Permit Application Class C El Mercadito, 520 LaPorte Road (Renewal) (Expires 5/21/09) (Includes Sunday Sales) ludes ,Sway Sales) ' e. Beer/Liquor License Permit Application Class C A.J. ' s Eatery & Spirits, 1415 E. San Marnan Drive (Renewal) (Expires 4/21/09) (Includes Sunday Sales) J' s R & B Lounge, 501 Independence Avenue (Renewal) (Expires 4/6/09) (Includes Sunday Sales) AYES NAYS ABSENT ABSTAIN MS. COLE MR. GETTY MR. HART MR. GREENWOOD • MR. STEVE SCHMITT • MR. WELPER MR. REGGIE SCHMITT PI C fib Ki PI M to Pi b 0 Do :h 0m I-•• co n ro 0 m M gt VI t� o PP PI 03 N p t n rh 0 ro H b o O m w p tl m rt W. 0 H r 0 1-1 p, m ct o o ►i J. m pi H H i r a P., a M a W rr 1-3x H H 0 1100 N rr M 1-3O P 0 H x H o z° o 0 a o ro 0 n rt N 0 GU 0 rri 0 ro rt m a CITY OF WATERLOO, IOWA COUNCIL RECORD Ee�e=s_.S r�s—$a ebaal)--(]3xpi es 5T7T9�;� cludes . Sales) f. Liquor License Permit Application Class, A The Sunnyside Country Club, 1600 Olympic Drive (Renewal) (Expires 4/13/09) (Includes Sunday Sales) it Application Sues & Liquor, 437 Sullivan (New) (Expires 3/25/09) (Includes Sunday Sales) �Wi a Licers Permit Application Class B nac s & iq r, 437 Sullivan (New) (Expires 3/25/09) (Includes Sunday bales) i. Outdoor Service Area Application All Golf Center, 1850 West Ridgeway Avenue The Sunnyside Country Club, 1600 Olympic Drive j . Fireworks Display Application VGM Group, 1111 W. San Marnan Drive on June 9, 2008 Suresh Reddy, 1873 Crabapple Lane on May 17, 2008 k. Cigarette/Tobacco Permit Application Five Star Snacks & Liquor, 437 Sullivan Avenue 1. Bonds. m. Blasting Permit Application John Deere Waterloo Works for demolition of abandoned powerhouse located at 400 Westfield Avenue , ,"1 Ayes: -2/ . Motion carried. / 2 1 d►4 g dti a Pi sue-p u o 9-2 ern AYES NAYS ABSENT ABSTAIN MS. COLE MR. GETTY MR. HART MR. GREENWOOD MR. STEVE SCHMITT • MR. WELPER MR. REGGIE SCHMITT - so w d 0 ei 04 z ) 1 1 \ c j o w M n hi cD o r CC ) ._. Pi 0o N p ro ►i ril (D ' .. b' • - .. b H o b n 0 M. �• �a n o rr . r • ,a L• �, o H r o 4 N Q• cD rt 0 0 II W ► ( .� fD �'- P:i H H i P. • H r Q Ax. W ► _ `` O H Do P. ‹ z n H ��. ;II Z J II ` P _ , -' I •71L '- w Ca‘ ri t. or 6 mF Ilk ow N.) o war II. 4fit. lb. .• a r 1 ) s MI I • �t If klZ i c . , .., et, ..... cam' y g IDO Ai t": ), 04. op NOTICE OF PUBLIC HEARING ON REZONING STATE. OF IOWA, TO WHOM IT MAY CONCERN: Notice is hereby given that on Plack Hawk County the 7th day of April.2008,at 5:30 p.m.in the Council Cham- bers in the City Hall in the City of Waterloo,Iowa,a public I do solemnly swear that the annexed copy of hearing will be held by the Council of the City of Waterloo, 1236447 Iowa,on the application of Ben- ton's Ready Mix Concrete, NOTICE OF PUBLIC HEARING ON REZONIN upon the recommendation of approval of the City Planning, notice was published in the WATERLOO/CEDAR FALLS COURIER — , Programming and Zoning Com- mission,to rezone from"A-1" a daily newspaper printed in WATERLOO, Agricultural District to"M-1" Light Industrial District approxi- Bl ack Hawk County, Iowa, for 1 issues mately 6.85 acres of land gen- erallycommencing on 03/21/2008, in the issues of nuebetwe nlndependeAv- enue between Independence, 0 3/21/2 0 0 8 Avenue and Martin Luther King Jr.Drive for the purpose of es- of said newspaper, and that the annexed rate of conchrete pint,portable ally de- scribed plant,legally de- advertising is the regular legal rate of said Allfhatpotionof All that portion of the following newspaper, and that the following is a correct the Chicago Gre described land real South of at Western bill for publishing said notice. Railroad and East of the follow- ing described line: Commencing at the Southwest corner of Section No.20,Town- Printer' s Bill y$40 . 05 ship No.89 North,Range No. 12 West of the Fifth Principal Meridian;thence East along the South line of said section 1587.50 feet;thence North to ChicagorGy rieat t wayt the f ytl/iy_ Chicago Great Western 1.� Railroad:,North/�y The N 75 acres of the West 120 acres of the Southwest Signed Quarter of Section No.20, Township No.89 North,Range No.12 West of the Fifth Princi- pal Meridian,in Black Hawk County,Iowa,except the right Subscribed and sworn to before me this ofW way of the o ny Western Railroad C Coo mpapany,, and except the following: +(�• Beginning at a point on the 5 day of 6 CF. West line of the Southwest C�� Quarter of said Section No.20 that is 990 feet North of the Southwest corner of said Sec- tion;thence due North 00 de- , j grees West along said West line 615.02 feet to the Souther- I At:FOL— ly line of the right of way of the Chicago Great Western Rail- road;thence North 79 degrees Notary Public 37 minutes East along the Southerly line of said right of way 1224 feet;thence South 21 degrees 2 minutes.West 490.65 feet;thence South 84 degrees 50 minutes West 434.38 feet; Received of thence South 50 degrees 18 minutes West 234.25 feet; thence South 6 degrees 18 minutes West 191.45 feet; the sum of Dollars thence North 89 degrees 48 minutes West along a line that in full for publication of the above invoice . is 990 feet North of and parallel with the South line of said sec- tion a distance of 394 feet to the place of beginning,except that part conveyed to the City of Warloo in203. Notary Seal : Also that part72 of thDe Southwest Quarter of the Southwest Quar- ter of said section described as follows: Beginning at a point on the DEBBIE S. ARBUCKLE South line Of said section which is 1235.5 feet East of the South- _ COMMISSION NO. 174858 west corner of said section; thence North 990 feet to a point ¢ c1,9%, o MY CON1J>r7ISSIoN E•IRES which is 748 feet West of the East line of the West 120 acres of the Southwest Quarter of said section;thence West par- allel with said South line 355.9 feet;thence South along a line which is parallel with the West line of said section to a point 478.32 feet North of said South line as measured along said parallel line;thence East paral- lel with said South line to a line which is parallet uvith and 1060 feet East of said West line as measured along said South line;thence South along said last described line to said South line;thence East along said South line to the point of begin- ning,all in the City of Waterloo, Black Hawk County,Iowa. Anyone who is interested may appear at said time and place and be heard or may file written objection with the City Clerk, City Hall,Waterloo,Iowa,be- fore the date set for said hearing. By order of the Council of the City of Waterloo this 17th day of March,2008. Nancy Eckert,CMC L City Clerk CITY OF WATERLOO, IOWA COUNCIL RECORD HEARINGS & BIDS 2 . that proof of publication of notice of public hearing on request of Benton' s Ready Mix Concrete to rezone from "A-1" Agricultural District to "M-1" Light Industrial District property generally located on the west side of Bishop Avenue between Independence Avenue and MLK Jr. Drive to allow for the establishment of a portable ready mix concrete plant, as publishe in t ourier on March 21, 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 '-- a rc H. ID h ro o m m to va o b tv Pci al N 0 p) 07 ►i rn 0 o M w ri o rt } - j • -- ► u. �� 0 Hr o 4# N a 0 rr o n n P. 17 .■ fD `! Z W ► ,,,•�,� ",i: 0 H s A �1 N `�` F - M a ti This Ordinance prepared by Nancy Eckert, City Clerk, 715 Mulberry Street, Waterloo, Iowa. ORDINANCE NO. 4903 ORDINANCE AMENDING ORDINANCE NO. 2479, AS AMENDED, BY ADDING SUBSECTION NO. 397 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. 396, of said Section, the following Subsection No. Three Hundred Ninety Seven (397 ) . "397 . All that portion of the following described land lying South of the Chicago Great Western Railroad and East of the following described line: Commencing at the Southwest corner of Section No. 20, Township No. 89 North, Range No. 12 West of the Fifth Principal Meridian; thence East along the South line of said section 1587 . 50 feet; thence North to the Southerly right of way of the Chicago Great Western Railroad: The North 75 acres of the West 120 acres of the Southwest Quarter of Section No. 20, Township No. 89 North, Range No. 12 West of the Fifth Principal Meridian, in Black Hawk County, Iowa, except the right of way of the Chicago Great Western Railroad Company, and except the following: Beginning at a point on the West line of the Southwest Quarter of said Section No. 20 that is 990 feet North of the Southwest corner of said Section; thence due North 00 degrees West along said West line 615 . 02 feet to the Southerly line of the right of way of the Chicago Great Western Railroad; thence North 79 degrees 37 minutes East along the Southerly line of said right of way 1224 feet; thence South 21 degrees 2 minutes West 490 . 65 feet; thence South 84 degrees 50 minutes West 434 . 38 feet; thence South 50 degrees 18 minutes West 234 . 25 feet; thence South 6 degrees 18 minutes West 191 . 45 feet; thence North 89 degrees 48 minutes West along a line that is 990 feet North of and parallel with the South line of said section a distance of 394 feet to the place of beginning, except that part conveyed to the City of Waterloo in 572 LD 203 . Also that part of the Southwest Quarter of the Southwest Quarter of said section described as follows : Beginning at a point on the South line of said section which is 1235 . 5 feet East of the Southwest corner of said section; thence North 990 feet to a point which is 748 feet West of the East line of the West 120 acres of the Southwest Quarter of said section; thence West parallel with said South line 355 . 9 feet; thence South along a line which is parallel with the West line of said section to a point 478 . 32 feet North of said South line as measured along said parallel line; thence East parallel with said South line to a line which is Ordinance No. 4903 Page 2 parallel with and 1060 feet East of said West line as measured along said South line; thence South along said last described line to said South line; thence East along said South line to the point of beginning, all in the City of Waterloo, Black Hawk County, Iowa; now zoned on the Zoning Map of Waterloo, Iowa, as "A-1" Agricultural District, be and the same is hereby zoned as "M-1" Light Industrial District as above described. " 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: April 7, 2008 PASSED 1st CONSIDERATION: April 7, 2008 PASSED 2nd CONSIDERATION: April 7, 2008 PASSED 3rd CONSIDERATION: April 7, 2008 PASSED AND ADOPTED by the City Council of the City of Waterloo, Iowa, on the 7th day of April, 2008, and approved by the Mayor on the 9th day of April, 2008 . Tim Hurley, Mayor ATTEST: Nancy Eck , 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. 4903 as passed and adopted bythe Council of the P City of Waterloo, Iowa, on the 7th day of April, 2008 . Witness my hand and seal of office this 9th day of April, 2008 . SEAL _ Nancy Ecke , CMC City Cler STATE OF IOWA, } I do solemnly swear that the annexed copy of legal City of Waterloo Ordinance 4903 Black Hawk County, SS Notice was published in the Waterloo-Cedar Falls ORDINANCE NO.4903 Courier, a daily newspaper printed in Waterloo, Black ORDINANCE AMENDING ORDINANCE NO.2479,AS Hawk County, Iowa, once commencing on the 24th AMENDED,BY ADDING SUBSECTION NO.397 TO of April, 2008 in the name of said newspaper, and that SECTION 2A-5,REZONING CERTAIN PROPERTY. the annexed rate of advertised is the regular legal rate BE IT ORDAINED BY THE COUNCIL OF THE CITY OF of said newspaper, and that the following is a correct WATERLOO,IOWA: Section 1.That Section 2A-5, bill for publishing said notice. of Ordinance No.2479,as amended,be further amended by adding after Subsection No. 396,of said Section,the follow- r 7�tinter,S Bill $32.25 ing Subsection No.Three Hun- dred N.Met S ee(3.97).. "397. All that portion of the following described land lying South of the Chicago Great Western Railroad and East of the follow- Cao described line: n Commencing at the Southwest 1v�/� IW/J" corner of Section No.20,Town- ship No.89 North,Range No. Signed 12 West of the Fifth Principal Meridian;thence East along the South line of said section 1587.50 feet;thence North to ChicagorGy rieat t weyt rne25 / Chicago Great Western (,�J Railroad: Subscribed and sworn to before me this The North 75 acres of the West 120 acres of the Southwest #3Q--(L‘s (/'�}(x^J Quarter SectionNr NR.20, A.D., 20 �-/V Township No.89 North,Range Day of No.12 West of the Fifth Princi- pal Meridian,in Black Hawk County,Iowa,except the right of way of the Chicago Great Western Railroad a pOtft on t e and except the follotOthg: Beginning at a pi5irit on the West line of the, uthwest h. . a Quarter of said Buse No.20 :UCKLE that is 990 feet North of theri DEBB f� G Southwest corner Of said Sec- COMMISSION NO. 174858 tion;thence due North 00 de- grees West alongreaid West Received of MY COM SIGN E;1� S line 615.02 feet to the Southerly �� -- line of the right ot.way of the Chicago Great Western Rail- road;thence North 79 degrees 37 minutes East,atong the Southerly line of said right of way 1224 feet;thence South 21 degrees 2 minutes West 490.65 the sum of feet;thence South g4 degrees 50 minutes West 44 38 far- t 1 pan6N— pE+69S1 d'lW3 ' nONISMN ZZ'- 310E pe8a tlloluN 64'- L661 19'1 u3ueoun0 Dollars. r pl N'�IIeN 91- 96'61, 491 luodn0 t 9L'14144' uospluo0 00 HON C l'+69E4 99'l s saHwoa reioiolof LE'- Z9'OE Wohilsia ill0100 M 41'+9019E 1001 Ilplogai0 In full for publication of the above notice. luesuoW l0'+95 S uuni p p *swam 40'+ punier] uoJom 4Z'- 9S 9 u Va ea g3m3y ' 30'61 jullla0 A11141611 04'1-09.06 00'1 saiea0 ppaiaf ZZ'+Z0'01 49' IPu11 0 .am POW SE'+Bel'S1 1SZ saluo10893 xa eipay/ll BB'+BLZ OS'sSd 003 sPluOoW l4'- 94'49 199't lIUdxsuoo IllomeW 10'+41,' g luexauo3 .pee19141 OZ.- 9l'EZ 9E e4400 wool 90•+SS'L WMntlwoO leupeNi VC` Ez"6E a97' sal/0 ie6up 64' MI SO' pds 3woO u0 ASA 90'+L90Z 4E' xau6o 39 nUW E4'+ZE'09 Z9'l eao o VIM 4Z' VI +600E s,�xuh0 30VW 6V- E9'4Z tEl di6ip0 VPgoaol Z9+44'SZ oasi C1 e1 ZO'+ l6 46 ZE'Z uwnago Supe 4 w3ueg3 l 96'9+0891, iawaO On ZE'- 69'49 441 istidialeo ue1N ' El1z 9z' sAaseo 31e1Pu9 CC+ 4914E 99' dgdwe0 V 6041u 9 011-one14Z's6 oaewe3 woo,ieN 9L'+19'04 1,Z' 0100 SAO Vgd AN 11'+9Z1,4 19E' 6u SW 94dAN 45- 001W04 09110 auly)N d0'+9017E IL dS-1890 I444,du0 Q.9E'9 oul Z180 urugof L4'- osi409 VaiMsunig uaHV3ef 491E+6E1Z wo3pem9 )6,opydf +E44Z 4Z'4 b Ayyig %,\...Nu, -\'� CITY OF WATERLOO , IOWA 5.11,1 / WATERLOO PLANNING, PROGRAMMING & ZONING COMMISSION 715 Mulberry St. • Waterloo, IA 50703 • (319) 291-4366 Fax (319) 291-4262 °t(et�pp DONALD J.TEMEYER • Community Planning&Development Director March 11, 2008 4/, 7,6 Honorable Timothy Hurley, Mayor Mayo/ City Council Members TIMOTHY J. City Hall HURLFY Waterloo, Iowa RE: Bishop Ave Between Independence Ave and MLK Jr. Dr- Benton's Rezone A-1 to M-1 COUNCIL MEMBERS Dear Mayor and Council: Transmitted herewith is the request by Benton's Ready Mix Concrete to rezone REGINALDA. approximately 6.85 acres from "A-1"Agricultural District to "M-1"Light Industrial Ward SCHMITT District on portions of property on the west side of Bishop Avenue between Independence Avenue and MLK Jr. Drive to allow for the establishment of a portable ready mix CAROLYN concrete plant. The request would not appear to have a negative impact on the COLE surrounding area, which is predominantly zoned industrially and predominately Ward` surrounded by vacant or agricultural uses. The area is shown as industrial on the Future HAROLD Land Use Map, and the rezone would appear to provide for orderly development of land GETTY compatible to surrounding developments. Ward 3 Please find attached a staff report, aerial photo and rezone plat of the site, and legal QUENTIN M. description. HART Ward 4 At the March 4, 2008 meeting, the Planning and Zoning Commission unanimousily rc>N recommended approval of the rezone. WNELPFR Therefore, we request the City Council set a date of public hearing on the rezoning request Ward' and publish an official notice pertinent to the requested rezoning. If you have any questions, BOB please do not hesitate to contact our office. GREENWOOD At Large Sincerely, ST EVE SCHMITT At-Large Aric A. Schroeder, Senior Planner Attachments cc: Donald J.Temeyer,Director of Planning&Development Noel Anderson,City Planner CITY WEBSITE: www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer March 4,2008 REQUEST: THE REQUEST BY BENTON'S READY MIX CONCRETE TO REZONE APPROXIMATELY 6.85 ACRES FROM "A-1" AGRICULTURAL DISTRICT TO "M-1" LIGHT INDUSTRIAL DISTRICT ON PROPERTY LOCATED ALONG BISHOP AVENUE, BETWEEN INDEPENDENCE AVENUE AND M.L.K. JR. DRIVE FOR THE PURPOSE OF ESTABLISHING A PORTABLE READY MIX CONCRETE PLANT. APPLICANT: Benton's Concrete 725 Center Street, Cedar Falls, IA 50613 GENERAL DESCRIPTION: The applicant operates a sand and gravel and concrete mixing business in Cedar Falls and is proposing to establish a portable ready mix concrete plant on the property they own on Bishop Avenue. IMPACT ON NEIGHBORHOOD & The request would not appear to have any negative impact upon SURROUNDING LAND the surrounding area. The area is surrounded by industrial and USES: Agricultural uses. Surrounding uses include: North: Benton's and City of Waterloo vacant land zoned A-1 Agricultural and M-2, P Planned Industiral. South: Petersen Tietz and other owners zoned M-1 Light Industrial, A-1 Agricultural, and C-2 Commercial. East: City of Waterloo vacant land zoned M-2,P Planned Industrial. West: Benton's and Midwest Auto zoned M-1 Light Industrial VEHICULAR & PEDESTRIAN TRAFFIC The area is served by Bishop Avenue, which connects to MLK Jr. CONDITIONS: Drive and Independence Avenue. Both Independence and Bishop Avenues are classified as Collector Streets, while MLK Jr. Drive is classified as a Minor Arterial. RELATIONSHIP TO RECREATIONAL TRAIL There is a recreational trail to the north along MLK Jr. Drive. PLAN ZONING HISTORY FOR SITE AND IMMEDIATE The majority of the surrounding area is zoned industrially, however VICINITY the area requested to be rezoned and property to the north are zoned "A-1"Agricultural District. The areas have been zoned as such since adoption of the Zoning Ordinance in 1969. DEVELOPMENT HISTORY: The area is predominately undeveloped, with an industrial use to the west that was build in the 1950's, and homes located further to the south along Independence Avenue that where built in the 1920's. The NE Industrial Park located '/ mile to the north was initially developed in the 1990's BUFFERS/ SCREENING Other industrial zoned areas and uses surround the property. No REQUIRED: buffering or screening is required. DRAINAGE: The property is within the Blowers Creek drainage area, which has seen several drainage improvements over the years. staff 03-04-04 Benton's Concrete Bishop Ave Rezone A-1 to M-1 Page 1 of 2 March 4,2008 FLOODPLAIN INFORMATION: The property is located in Zone C Minimal Flooding as indicated by the Federal Insurance Administration's Flood Insurance Rate Map No. 190025-0008 adopted 07/03/85. PUBLIC/OPEN SPACES/SCHOOLS: There are no schools located in the Immediate vicinity of the proposed rezone. The closest school would be Mckinstry located on the corner of Idaho and Independence. UTILITIES: WATER, There is an existing 36" interceptor sanitary sewer located along the SANITARY SEWER, M.L.K Jr. Drive. There are no utilities located within Bishop Ave. STORM SEWER, ETC: There is an 8" water line and 24" sanitary sewer along Independence Avenue that can be extended to serve the site; otherwise individual well and septic would be required. RELATIONSHIP TO COMPREHENSIVE The Future Land Use Map (February 3, 2003) designates the area LAND USE PLAN: as industrial. The rezone would allow industrial development within a planned industrial area The site is located within the Primary Growth Area. STAFF ANALYSIS — ZONING ORDINANCE: The area requested to be rezoned is approximately 6.85 acres. The surrounding uses are predominantly commercial/industrial, including Midwest Auto Salvage to the immediate west, and several commercial/industrial uses to the south including Petersen and Tietz Florists and Greenhouse. The proposed rezone from A-1 Agricultural to M-1 Light Industrial appears to be compatible to the existing M-1 and M-2, P Industrial Districts surrounding site. The property is located in the proposed Industrial area of the city according to the Future Land Use Map. Therefore the continued use of the area as industrial would appear to be consistent with the surrounding industrial uses and in conformance with the classification of this area as industrial on the Future Land Use Map. STAFF ANALYSIS — SUBDIVISION The applicant is not proposing to subdivide the property at this time. ORDINANCE: STAFF RECOMMENDATION: Therefore, staff recommends the rezone be approved for the following reasons: 1. The proposed rezone would appear to provide for the orderly development of land and is compatible to surrounding developments. 2. The request is in conformance with the future land use map, which designates the area for industrial use. staff 03-04-04 Benton's Concrete Bishop Ave Rezone A-1 to M-1 Page 2 of 2 Request for a Rezone From A-1 Agricultural District ' to "M-1 " Light Industrial District Located Along Bishop Ave, North of Independence Ave y. a� f,r ,< %/y%`., af,` � '(-si , ,, a , %,r`F /fs .'. 4".r.,`n; °r „ ,�,gei si 1 f `a ..� +�g �a ' ., n ' F � r`� / , >� b^, e„a�ij i�,..%�:, >4's •/ 'a�', Y�/',;^";fjri 9% $o F '%Hh r-y tn,a' ,..art, „s „ 0 'j ;„,r,;,s '/,a; ���;��' ' �, .�//, n� ,�,` "ram, '`W ', � ����,�,'%y�a3'���' " j�, �.t.a,,,, �> M ' •> f ` ' ° y ' "%rwG%' �,;' ax s� i^ .r i � /? �. �;aw ,r _a x.i e < >/;,• 4- •1 Gam, .,• - ; rafts ;�/. • ",%; �;,,,, ;x �' '�"�,4 ^3" ,y; ., q,,�,, :�F�,,ix: �'„%�' ��,�,,,ik "'� '��„ .r�,;.17• � �f; ' �fr'tiMi^"' . re:,'A,. ,° Y: a<�� a.d,>`�„%r7:2;,.,'`'c"r�'r ;,,a'"3�yy��1////,r'��-•;a,.,.'.�^ '"''u4 ,wt If4..tna, ,.igg!,, to -, t it;, ..;. ,.;,.'; , gg ••: �•:1. v. y W ,n..n •,,,,,,,, a 'a'ris: ,,'1�n. .,ws°w., Ar9' ,yrr ya �' ff'�` '� £•"' -�,,�Y,{" ^�,,. , ,% "s�,g 1% , �,. _• y ;. 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' Independence Aver � �a� N 0 300 i" kr k 18 REZONING PLAT UNPLATTED 250•gUFFR 0 BENTONS READY MIXED CONCRETE INC M-2 i7/..... 725 CENTER ST CEDAR FALLS,IA 50613 DOC.2005 04235 8912-20-376-028 2 M-2 CURRENT ZONING:A-1 -_ CNIGPGO GREPT WESTERN R p1LROPo COMP PNY r 0 M-2 f-�1' 1587.50' 71 TO WEST LINE OF i SEC.20-89-12. —J UNPLATTED BENTONS READY MIXED CONCRETE INC 725 CENTER ST CEDAR FALLS,IA 50613 DOC.2005 042358912-20:376-028 CURRENT ZONING:M-1OMgJFFEK_. 201110111111111111.1,00,111111.111111111111111<°°11A-1 ' 10r4' m A-', to 1 .1 M-1 NORTH Location Map LEGAL DESCRIPTION OF LAND TO BE REZONED: ii 1IN a CO All that portion of the following described land lying South of the Chicago i Itti Great Western Railroad and East of the following described line: S11111 Commencing at the Southwest Corner of Section No.20,Township No.89 North,Range No.12 West of the Fifth Principal Meridian;thence East along the South line of said section 1587.50 feet;thence North to the Southerly right of way of the Chicago Great Western Railroad: ' = �p 0 100 200 400 r„srr 0,0"" 1 The North 75 acres of the West 120 acres of the Southwest Quarter of I 20 Section No.20,Township No.89 North,Range No.12 West of the Fifth Principal Meridian,in Black Hawk County,Iowa,except the right of way of the Chicago,Great Western Railroad Company,and except the following: Owner: - Beginning at a point on the West line of the Southwest Quarter of said Benton's Ready Mixed Concrete j Section No.20 that is 990 feet North of the Southwest comer of said Section; R thence due North 00 degrees West along said West Ilne 615.02 feet to the - ---- sK ,% Southerly line of the right of way of the Chicago Great Western Railroad; Address:Bishop Avenue,Waterloo IA thence North 79 degrees 37 minutes East along the Southerly line of said C0000 right of way 1224 feet;thence South 21 degrees 2 minutes West 490.65 feet; Current Zoning:A•I NMI. \subject thence South 84 degrees 50 minutes West 434.38 feet;thence South 50 Proposed Zoning:M-1 ProPe� degrees 18 minutes West 234.25 feet;thence South 6 degrees 18 minutes - _ West 191.45 feet;thence North 89 degrees 48 minutes West along a line that is 990 feet North of and parallel with the South line of said Section a distance pppep„Q •K of 394 feet to the place of beginning,except that part conveyed to the City of = _ • Watedoo in 572 LD 203. - O scale REZONING PLAT VJ Engineering i"=200' l 1501 Technology Parkway draBJ�b BENTON'S READY MIX CONCRETE VJ/ Cedar Falls, Iowa — 319-266-5829 date Y 2-8-08 revisions date J 19 APPLICATION FOR REZONING CITY OF WATERLOO PLANNING,PROGRAMMING, AND ZONING COMMISSION WATERLOO, IOWA 319.291.4366 1.APPLICATION INFORMATION: p a. Applicant's name(please print): ►�ENTO,✓S eeALJy M 0,aCRem- Address: 7„25 C averere _Sil Phone: 3t 9/ _Fax: 2 - G City:694,0 Fi414S State: -T A Zip: c76/3 b. Status of applicant:(a)Owner X (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: m�K 4 Ri.fiePF✓i✓C6 mod' b. Legal description of property to be rezoned: SC.,6 /f7 c. Property dimensions: (2,8S-tt.r. d. Current zoning: 4 l Requested zoning: 411.. e. Reason(s)for rezoning: C.i.t/cr acr ,4 pf /yl/.r CD.tiCRe " A 41'r f. Proposed use of property: CDhtM ER tr R L- g. Conditions(if any)agreed to: h. Other pertinent information(use reverse side if necessary): FEE: $ 170. co The filing fee(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. Signature of Applicant Date ate D a. `/ Signature of Owner Date NOTE: If applicant is not the owner of the property,the signature of the owner must be secured. 20 West of Bishop Ave — Benton's Ready Mix Concrete Rezone A-1 to M-1 m „; �ri r,. ;r�; ,o' s�v ''> .o��i • '• ✓ ' 4-die �.> , e� , �, ems_ ° �..';., .s�;. %.° ffi'.;%^��,y2 fib;.: .. w `.. ' �;;„�� �C,.. '4 ,.,:a,... �r/`;," �G;, .r�,,2'S,k"$";,' ahC„d.i°..i;`? ,i,i '.:'<lJ". .,&^.N, , n F' • ;ti w" , ` .. •.,. ' ��" °,� ,.'%", H. �'�,q� �... �': .-:R'' `fix« ,�_„ 47 ° ✓iF",' 4�:" �;r€e;`.,, ,r yYrk .,;. ; �, Standing on Bishop Ave looking west at Standing on Bishop Ave looking the area proposed to be rezoned fora southwest along Bishop Ave, with the are portable ready mix concrete plant. to be rezoned to the west(right). x�= x .... .. ... ,..x :.. . . � ':... . ............ :,yin%' ,:/,,,*,., / 1 ,.,.. '. a . � 'q'' •�.`• w .„ � � ", ' > �q,:hi z .ce'� . �� / r �/ y ,°%Z . Standing on Bishop Ave looking north at Standing on Bishop Ave looking east at adjoining land"M-2,P"Planned Industrial land zoned"M-2,P"Planned Industrial District. The Northeast Industrial Park is District. visible in the background. i LEGAL DESCRIPTION OF LAND TO BE REZONED: All that portion of the following described land lying South of the Chicago Great Western Railroad and East of the following described line: Commencing at the Southwest Corner of Section No. 20, Township No. 89 North, Range No. 12 West of the Fifth Principal Meridian; thence East along the South line of said section 1587.50 feet; thence North to the Southerly right of way of the Chicago Great Western Railroad: The North 75 acres of the West 120 acres of the Southwest Quarter of Section No. 20, Township No. 89 North, Range No. 12 West of the Fifth Principal Meridian, in Black Hawk County, Iowa, except the right of way of the Chicago, Great Western Railroad Company, and except the following: Beginning at a point on the West line of the Southwest Quarter of said Section No. 20 that is 990 feet North of the Southwest corner of said Section; thence due North 00 degrees West along said West line 615.02 feet to the Southerly line of the right of way of the Chicago Great Western Railroad; thence North 79 degrees 37 minutes East long the Southerly line of said right 0 of way 1224 feet; thence South 21 degrees 2 minutes West 490.65 feet; thence South 84 degrees 50 minutes West 434.38 feet; thence South 50 degrees 18 minutes West 234.25 feet; thence South 6 degrees 18 minutes West 191.45 feet; thence North 89 degrees 48 minutes West along a line that is 990 feet North of and parallel with the South line of said Section a distance Om of 394 feet to the place of beginning, except that part conveyed to the City of Be Waterloo in 572 LD 203. Also that part of the Southwest Quarter of the Southwest Quarter of said Ad Section described as follows: Beginning at a point on the South line of said Section which is 1235.5 feet East of the Southwest corner of said Section; thence North 990 feet to a point Cu which is 748 feet West of the East line of the West 120 acres of the Pn Southwest Quarter of said Section; thence West parallel with said South line 355.9 feet; thence South along a line which is parallel with the West line of said Section to a point 478.32 feet North of said South line as measured along said parallel line; thence East parallel with said South line to a line which is parallel with and 1060 feet East of said West line as measured along said South line; thence South along said last described line to said South line; thence East along said South line to the point of beginning. O °O REZONING PLAT Oo► , O BENTON'S READY MIX CONCRETE.,� Cedc CITY OF WATERLOO, IOWA COUNCIL RECORD 2 . that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance by adding Subsection No. 397 to Section 2A-5, Rezoning Certai . operty" , be considered and passed for the second and third times and adopted. Ayes: /�/} Ordinance adopted and upon approval by Mayor assigned No. � o✓. AYES, NAYS ABSENT ABSTAIN MS. COLE V( MR. GETTY ✓ MR. HART A MR. GREENWOOD MR. STEVE SCHMITT MR. WELPER MR. REGGIE SCHMITT '� cD t (ti )--i �• Ra b cD rr �: _ .. O H r o 2 ,I m Pi H H i a s a) m w . r , � .�0 0- r O H tJ a. 0, w 0 ► •— , Z n H p 0 ► `i b ,. H Z H 4 a I 1,. H o. '' a6%44 rt �� *i '` y, tSJ 0 0 0 1►, '', ' PO fi IN a ).0 ( CITY OF WATERLOO, IOWA COUNCIL RECORD 2 . /_______-5 that rules requiring ordinances $� be co ered and v ed for passage at two prior meetings be suspended. Ayes: l/ otion carried. AYES NAYS ABSENT ABSTAIN MS. COLE ✓ MR. GETTY 4' MR. HART MR. GREENWOOD ' MR. STEVE SCHMITT • MR. WELPER MR. REGGIE SCHMITT x b n xi n r ►d H Ki n o m FA. ro n to cor 1( u. % '� r 0 H r 0 it H a CD ct 0 0 II N. ,.. A ; ` v -IP..' H H H - O a Co tr II a &_ z ry N. rt M . t ..� 11 ,; — H 7 H 0 0 walk," J • - ,Poi., Z a I.-_ 1 \ Z 0 .S = _ ' II r c \D C y, Ni r. 4, `.. _ O 0 ; r� t to 0- (D a Ocog3 ) • CITY OF WATERLOO, IOWA COUNCIL RECORD • 2 . / •=.0/ - that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance by adding Subsection No. 397 to Section 2A-5, Rezoning Certain Property" be rece pl n file, considered and passed for the first time. Ayes: . Motion came . • AYEy NAYS ABSENT ABSTAIN MS. COLE �// e MR. GETTY Vf MR. HART MR. GREENWOOD ✓/ MR. STEVE SCHMITT t/ MR. WELPER ://-'/ MR. REGGIE SCHMITT // Co N a 0 ro ►i rl fD : C �' ,R b H 0 ro f�1 ?d ,' O H H O o a a m C �' n H. '. 0 i b. a rr W Q• a n AO+ kg '` M e J _1 .. H 00 H H z O �' 0 or. ► ik .' H 0 't a w cr rh ► H O �' a 0 Z al i, . H z y o .0 . - z z • 0. i a Pd . rr so: Ift.' ► OP' \r 0 N IV •ice �, cr ► .. C^ i W ' • • c- g49 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. /4/— / that the hearing be closed and re^e.--e fi e recommendation of approval of Planning, Programming and Zoning Commissioner n corwents 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 o 1(D w b ti rt 0`. •` i, `I\ ro y ro n 44 Po a a m 0 0 n P. ' fD r 0 H H ° r a s M a 4 ki t.a '• .. :.� y 0 H �'zo ,i i 0 t4 '• li" , - is. O H ` X1 v 0 ► ct pi, �' o rrIZ It 1.0 f a This Resolution prepared by Nancy Eckert, City Clerk, 715 Mulberry Street, Waterloo, Iowa. RESOLUTION NO. 2008-248 RESOLUTION APPROVING ORDER ASSESSING PENALTY OF FIRST VIOLATION FOR CASEY' S 218 PUB, INC. , 4014 UNIVERSITY AVENUE, AND DIRECTING EXECUTION OF SAID ORDER BY MAYOR. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the order assessing penalty of first violation dated April 7, 2008, in the amount of $300 . 00, in conjunction with First Violation of Iowa Code 453A. 2 (1) selling, giving, or otherwise supplying any tobacco, tobacco products or cigarettes to any person under eighteen years of age for Casey' s 218 Pub, Inc. , 4014 University Avenue, 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 7th day of April, 2008 . Tim Hurley, May ATTEST: Nancy Ecke CMC City Clerk Cot. CITY OF WATIEu... CITY ATTORNIEY'S OFFICE `� 715 Mulberry St. • Waterloo, IA 50703 • (319) 291-4327 Fax (319) 291-4571 JAMES E.WALSH,JR.,City Attorney • DAVID R.ZELLHOEFER,Assistant City Attorney February 28, 2008 MayorMike and Lori Kroeger TIMOTHY J. 4014 University Avenue HURLEY Waterloo, IA 50701 Re: Casey's 218 Pub, Inc., 4014 University Avenue, Waterloo, Iowa, 50701 COUNCIL MEMBERS The City of Waterloo has scheduled a hearing before the Waterloo City Council on the 7th day of April, 2008, at 5:30 p.m., in the Council Chambers, Second REGINALD A. Floor, City Hall, 715 Mulberry Street, Waterloo, Iowa, 50703. The hearing scHhIITT complaint, which has been filed Ward 1 p against is attached. You CAROLYN If you or your representative fail to appear at this hearing, a decision may be COLE rendered against you. You have the opportunity to be heard at this hearing and to Ward 2be represented by an attorney at your own expense regarding the mandatory HAROLD $300.00 civil penalty prescribed by Iowa Code §453A.22(2)(a) for the violation GETTY of§453A.2(1), selling, giving, or otherwise supplying any tobacco, tobacco Ward 3products, or cigarettes to any person under eighteen years of age. QUENTIN M. HART If you wish to settle this case in lieu of the public hearing, you may complete the Ward 4 attached Acknowledgment/Settlement Agreement, returning the original copy, RON properly signed and dated, to David R. Zellhoefer, Assistant City Attorney, 715 WELPER Mulberry Street, Waterloo, Iowa, 50703, no later than ten (10) business days prior Ivan'5 to the hearing date. With this Acknowledgment/Settlement Agreement, you must include a check in the amount of$300.00 made payable to the City of Waterloo. BOB RE This will satisfy penalty the lty for a First Violation under Iowa Code §453A.22(2) GREENWOOD At-Lame and will conclude the matter. STEVE If you have any questions,you may reach me at(319) 291-4327. If you have SCHMITT At-Lrrr e obtained representation by an attorney in this matter, the attorney should contact me. Si ily, 11 1►/// . . 'Ilhoefer Assistant City Attorney DRZ:Ic Enclosures: Hearing Complaint,Acknowledgment/Settlement Agreement C: Police Chief Jennings /fie CITY WEBSITE: www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer IN RE: CASEY'S 218 PUB, INC. 4014 UNIVERSITY AVENUE HEARING COMPLAINT WATERLOO, IOWA, 50701 FIRST VIOLATION The City of Waterloo hereby makes the following complaint against the above-named permittee: 1. Iowa Code §453A.2(1) provides that a person shall not "sell, give, or otherwise supply any tobacco, tobacco products, or cigarettes to any person under eighteen years of age." 2. Iowa Code §453A.22(2)(a)provides that if a permit holder or employee of a permit holder has violated Iowa Code §453A.2(1), the permit holder shall be assessed a civil penalty of Three Hundred Dollars($300.00) for a first violation of Iowa Code §453A.2(1). 3. On or about January 8, 2008, the permittee or an employee of the permittee sold cigarettes or tobacco products to a person under eighteen years of age. A copy of the Compliance Check and/or Criminal Conviction is attached and incorporated herein. 4. Therefore, in accordance with Iowa law, the City Attorney requests the Waterloo City Council find a violation of the above-referenced section of Iowa Code Chapter 453A and assess a civil penalty in the amount of Three Hundred Dollars ($300.00) against Casey's 218 Pub, Inc. David R e oe Assistant City Attorney Ix / 0 B 0 Q \ k 2 itq 0 CO Lio / / § Q 0 ? r a. al $ H al " § 2 & 0 2 > q k J 0 a) g 7 § ro a) q 3 % _ § co q = H 144 \ \ 1. co, 0 / • \ - 00 0 %0 / / 0 k - j - 4 Ca0 .1) \ § - H \ \ \ CO - CI0 H H - GI 00 _ © % H \ / 2 ) o q / d \ b U > ? 0 ® o $ w Q / 0 f a _® * •• - 7 H 0 0 a4 O p4 \ 0 @ - H k H \ - I R ~ N. § \ / q m )- (0 \ j / $ / / 00 a / - \ \ H / / / \ o • Q Q H ta 0 0 } 0 \ \ / \ Q ƒ j J / o / % / a / \ k \ a CO 0 a) \ A / o % \ 0 j \ 4 a & n • BEFORE THE WATERLOO CITY COUNCIL IN RE: CASEY'S 218 PUB, INC. ORDER ACCEPTING 4014 UNIVERSITY AVENUE ACKNOWLEDGMENT/SETTLEMENT WATERLOO, IOWA 50701 AGREEMENT—FIRST VIOLATION On this day of , 2008, in lieu of a public hearing on the matter, the Waterloo City Council approves the attached Acknowledgment/Settlement Agreement between the above-captioned permittee and the City of Waterloo. Therefore, the Waterloo City Council FINDS that the above-captioned permittee has remitted to the City of Waterloo a civil penalty in the amount of Three Hundred Dollars ($300.00). Be advised that this sanction will count as a First Violation of Iowa Code §453A.2(l), pursuant to Iowa Code §453A.22(2)(a). IT IS, THEREFORE, ORDERED that the judgment in this matter is hereby satisfied. Timothy J. Hurley, Mayor ATTEST: Nancy Eckert, City Clerk 1 / 2GF3-9 CITY OF WATERLOO, IOWA COUNCIL RECORD 3 . 74' that "Resolution .assessing $300. 00 penalty for said violation" , be adopted and Mayor and City Clerk authorized to execute same. Ayes: d Resolution adopted and upon approval by Mayor assigned No. 2008-cP y0 . • • AYES NAYS ABSENT ABSTAIN MS. COLE MR. GETTY v MR. HART v MR. GREENWOOD (/ AMR. STEVE SCHMITT MR. WELPER MR. REGGIE SCHMITT V CO M • 0 °' p, m C 0' n H. 0 ,v, `` y H n tzl w a' p, 0 p, `g `' ' Z n H C t ,b H p 0 I. I i ► ►� H Z H , 0 w I - Z z PO oR i pin ' 4,, .l., . b' N �+ N M a 0 rr a /) CITY OF WATERLOO, IOWA COUNCIL RECORD 3 . This being the time and place of public hearing for Casey' s 218 Pub, Inc. , 4014 University Avenue on the violation of Waterloo Code of Ordinances, Sale of tobacco, tobacco products or cigarettes to any person under eighteen years of age, the Mayor called for written and oral objections and there were none. coe / that the hearing be closed aced 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 ?d ro C 0 Pzi PJ a " PO 0 r`Dn cfDo __ ro H ro ri Co l u. +► I-. a cD e 0 A n N " fD /d► r`b H H O et a 0, cD cD M 4 ma's`' et ` ` H H y z C ' O a W a rr 0 `— . 1 c z H lQ 0 \ ► .. I i.4 �� H Z H 1 o `_ Y� zz z 0 I. 't7 • 0`n R :,' N OP —� 0 O 0 ' ro rt i � CD 111, This Resolution prepared by Nancy Eckert, City Clerk, 715 Mulberry Street, Waterloo, Iowa. RESOLUTION NO. 2008-249 RESOLUTION APPROVING ORDER ASSESSING PENALTY OF FIRST VIOLATION FOR HARRIS ONE STOP, 220 WEST PARKER, AND DIRECTING EXECUTION OF SAID ORDER BY MAYOR. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the order assessing penalty of first violation dated April 7, 2008, in the amount of $300 . 00, in conjunction with First Violation of Iowa Code 453A. 2 (1) selling, giving, or otherwise supplying any tobacco, tobacco products or cigarettes to any person under eighteen years of age for Harris One Stop, 220 West Parker, 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 7th day of April, 2008 . /mac-...t Tim Hurley, Mayo ATTEST: Cac23- Nancy Eck , CMC City Cler �_r'��., CITY OF WATERLOO ! I®WA ;imag �II �w m CITY ATTORNEY'S OFFICE S1 715 Mulberry St. • Waterloo, IA 50703 • (319) 291-4327 Fax (319) 291-4571 1E1100 N0 JAMES E.WALSH,JR.,City Attorney • DAVID R.ZELLHOEFER,Assistant City Attorney February 28, 2008 MayorLillie Mae Harris TIMOTHY J. 506 Reed HURLEY Waterloo, IA 50703 Re: Harris One Stop, 220 West Parker, Waterloo, Iowa, 50703 COUNCIL MEMBERS The City of Waterloo has scheduled a hearing before the Waterloo City Council on the 7th day of April, 2008, at 5:30 p.m., in the Council Chambers, Second REGINALD A. Floor, City Hall, 715 Mulberry Street, Waterloo, Iowa, 50703. The hearing sCHIvIITr complaint, which has been filed against you is attached. Ward 1 p g Y , CAROLYN If you or your representative fail to appear at this hearing, a decision may be COLE rendered against you. You have the opportunity to be heard at this hearing and to Ward 2be represented by an attorney at your own expense regarding the mandatory HAROLD $300.00 civil penalty prescribed by Iowa Code §453A.22(2)(a) for the violation GE3TY of§453A.2(1), selling, giving, or otherwise supplying any tobacco, tobacco Ward.i products, or cigarettes to any person under eighteen years of age. QUENTIN M. HART If you wish to settle this case in lieu of the public hearing, you may complete the Ward 4 attached Acknowledgment/Settlement Agreement, returning the original copy, RON properly signed and dated, to David R. Zellhoefer, Assistant City Attorney, 715 WELPER Mulberry Street, Waterloo, Iowa, 50703, no later than ten (10) business days prior Ward 5 to the hearing date. With this Acknowledgment/Settlement Agreement, you must include a check in the amount of$300.00 made payable to the City of Waterloo. GREENWOODBOB This will satisfythe penaltyfor a First Violation under Iowa Code §453A.22(2) GRE At-Large and will conclude the matter. STEVE If you have any questions, you may reach me at (319) 291-4327. If you have scHAIITT obtained representation by an attorney in this matter, the attorney should contact At-L ticy me.Si / A i i - ,ly, i Da' i ' . ellhoefer Assistant City Attorney DRZ:Ic Enclosures: Hearing Complaint,Acknowledgment/Settlement Agreement C: Police Chief Jennings jArie-- CITY WEBSITE: www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer IN RE: HARRIS ONE STOP 220 WEST PARKER HEARING COMPLAINT WATERLOO, IOWA, 50703 FIRST VIOLATION The City of Waterloo hereby makes the following complaint against the above-named permittee: 1. Iowa Code §453A.2(1)provides that a person shall not "sell, give, or otherwise supply any tobacco, tobacco products, or cigarettes to any person under eighteen years of age." 2. Iowa Code §453A.22(2)(a)provides that if a permit holder or employee of a permit holder has violated Iowa Code §453A.2(1), the permit holder shall be assessed a civil penalty of Three Hundred Dollars ($300.00) for a first violation of Iowa Code §453A.2(1). 3. On or about January 9, 2008, the permittee or an employee of the permittee sold cigarettes or tobacco products to a person under eighteen years of age. A copy of the Compliance Check and/or Criminal Conviction is attached and incorporated herein. 4. Therefore, in accordance with Iowa law, the City Attorney requests the Waterloo City Council find a violation of the above-referenced section of Iowa Code Chapter 453A and assess a civil penalty in the amount of Three Hundred Dollars ($300.00)against HARRIS ONE STOP. David R. oe Assistant City Attorney « 2 k / 0 q § § j k - 0 § J a cl § j §1-3 o Q \ Q 2 ® ° k § 7 j - o j a 2 e 7 Q 2 tl) ■ 4. 0 CO § q o 0 40 0 4 CIH 0 4 \ § 0 ® rti U e © a d § Cl / q « ) j - . H H \ 0 / / \ \ j m - ~ q j .. H o > /4 § @a Cl) 0 %\ \ ns % ] 2 \ e A 0 \ / § } / Ea • ° ] a / Q i. / / * m § H 0 \ U a \ $ - / f --- IX CO @ ~ § a \ q i \ q co pl in \ / * .. 0 / ) 0 ; ° \ o .. / ® \ \ j 0 ) \ / S ! , \ § ] / ' / Cl )) 4 3 0 Cl 0 Cl .. 0 U ° Cl / q / o » w / j / \ Cl / i a)k H / /ƒ w COf / / / < Q & 0 CITY OF WATERLOO, IOWA COUNCIL RECORD 4 . / that "Resolution ,assessing $300.00 penalty for sai violation" , be adopted and Mayor and City Clerk authorized to execute same. Ayes: Resolution adopted and upon approval by Mayor assigned No. 2008- cP- ' . AYES NAYS ABSENT ABSTAIN MS. COLE MR. GETTY MR. HART C�- MR. GREENWOOD MR. STEVE SCHMITT f� MR. WELPER MR. REGGIE SCHMITT � � r 0 N m M ro o CD ► ro y 0rro n 0 N 0 pa b Pi rh 0 - W. ► o ff o a a• N 4 n P. !`` cOi %' ' H H t '1 k 0 I.J. a 1-1 O rt It 0H , a 0 , . a. z w OH o x, , Z °z r Al- s 0 �' N O.' to il 0 C i ro m a CITY OF WATERLOO, IOWA COUNCIL RECORD 4 . This being the time and place of public hearing for Harris One Stop, 220 West Parker on the violation of Waterloo Code of Ordinances, Sale of tobacco, tobacco products or cigarettes to any person under eighteen years of age, the Mayor called for written and oral objections and there were none. that the hearing be closed.an4-al and wri on-4 Ayes: 7 ion Carrie AYES NAYS ABSENT ABSTAIN MS. COLE MR. GETTY MR. HART MR. GREENWOOD ' MR. STEVE SCHMITT MR. WELPER MR. REGGIE SCHMITT XI 04 cdc n PO o oq CI) M ' ' til 1M 0 b VI X 09 I-' p 'd ►i rh (D '� . 1 00 H V () O (D N• P H M ct : .,., u. ` "' ow O H t+ O U M M H H i O a m C 0' ►i 0 r 0 H H () rt a s 0 a !� ► Z 0 H 7t Do I-1 a ` 1 O p o 0 MO H 00, H A) 4 ez 0 Ii. '.;7- ' ' ct y 9' 141'40 ao rn 0 . ro (D a This Resolution prepared by Nancy Eckert, City Clerk, 715 Mulberry Street, Waterloo, Iowa. RESOLUTION NO. 2008-251 RESOLUTION MAKING AWARD OF CONTRACT TO SERVICE ROOFING CO. OF WATERLOO, IOWA FOR THE ROOF REPLACEMENT FOR THE FILTER BUILDING AT THE WASTE WATER TREATMENT PLANT, IN THE AMOUNT OF $117, 439. 00 . BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA: That the bid of Service Roofing Co. of Waterloo, Iowa, in the amount of $117, 439. 00, for the Roof Replacement for the Filter Building at the Waste Water Treatment Plant, described in the plans and specifications heretofore adopted by this Council for said project, after public hearing on published notice required by law, be and is hereby accepted, the same being the lowest bid received for said work. The Mayor and City Clerk are hereby directed to execute contract with the said contractor for the construction of said improvements, said contract not to be binding on the City until approved by this Council . PASSED AND ADOPTED this 7th day of April, 2008 . Tim Hurley, Mayo ATTEST: Nancy Ecke , CMC City Cler II ///_ 'li��, CITY WATERLOO !, IOWA IN,;rm. iftgatt .... rII WATERLOO BUILDING INSPECTIONS DEPARTMENT .,"`•`� � 715 Mulberry St. • Waterloo, IA 50703 • (319) 291-4319 Fax (319) 291-4262 °teer O ‘13 LOUIS CUTWRIGHT,JR. • Building Official/Maintenance Administrator Maio. 414, p-ovO -`7 5/ TIMOTHY J. HURLEY MEMORANDUM COUNCIL MEMBERS REGINALD A. SCHNIITI' Ivard l TO: Mayor Tim Hurley and City Council Members CAROL'` FROM: Louis Cutwright, Jr. G`i 1E Building Official/Maintenance Administrator HAROLD DATE: April 1, 2008 GETTY I1ar RE: FILTER BUILDING ROOF REPLACEMENT QL?ENTIN NI. HART Wart'4 On March 24, 2008, the replacement of the filter building roof at the Waste Water RON Treatment Plant was bid. Bids were opened at the City Council meeting and were \V'ELPER as follows. Ward 5 BOa SERVICE ROOFING CO. OF WATERLOO $117,439 GREENWOOD At-Large BLACK HAWK ROOFING OF CEDAR FALLS $182,600 sTEVE Service Roofing met all specifications with the low bid of $117,439—which included SCHMITT At-Large a twenty-year warranty for labor and materials. I'm recommending the low bid for $117,439 be accepted and the contract be awarded to Service Roofing of Waterloo. Contracts, bonds and insurance are attached with this document. Attachments Ja CITY WEBSITE:www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer CITY OF WATERLOO, IOWA COUNCIL RECORD 126858 - Greenwood/Steve Schmitt that communication from Building Official/Maintenance Administrator transmitting recommendation of award of contract in the amount of $117, 439.00 to Service Roofing,Co. of Waterloo, Iowa in conjunction with Roof Replacement for Filter Building at Waste Water Treatment Plant, be received, placed on file and "Resolution approving award of said contract", be adopted. Prior to a vote on the above motion, the following comments were heard. Louis Cutwright, Building Official/Maintenance Administrator, reported that this is a flat' roofed building, with about a total of 10, 000 square feet. Following comments a vote was taken on the above motion with the following result. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2008-251. • • AYES NAYS ABSENT ABSTAIN MS. COLE MR. GETTY r/ MR. HART MR. GREENWOOD MR. STEVE SCHMITT ✓ MR. WELPER • MR. REGGIE SCHMITT ..-'r '''66.' til 03 N p Port rn 0 t7 ro H 1 hi n 0 Q• w cD °c 0' n 0 �' L y H o 0 0 4.,' 14.-- .i. ,..0 W ; ' ° z H 0 9- \ ... t rr Vit, N 0 ro a This Resolution prepared by Nancy Eckert, City Clerk, 715 Mulberry Street, Waterloo, Iowa. RESOLUTION NO. 2008-250 RESOLUTION MAKING AWARD OF CONTRACT TO CENTURY FENCE COMPANY OF WAUKESHA, WISCONSIN FOR THE 2008 CEDAR RIVER/EXCHANGE SPORTS COMPLEX FENCING PROJECT, IN THE AMOUNT OF $30, 078 . 00 . BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA: That the bid of Century Fence Company of Waukesha, Wisconsin, in the amount of $30, 078 . 00, for the 2008 Cedar River/Exchange Sports Complex Fencing Project, described in the plans and specifications heretofore adopted by this Council for said project, after public hearing on published notice required by law, be and is hereby accepted, the same being the lowest bid received for said work. The Mayor and City Clerk are hereby directed to execute contract with the said contractor for the construction of said improvements, said contract not to be binding on the City until approved by this Council . PASSED AND ADOPTED this 7th day of April, 2008 . Tim Hurley, Mayo ATTEST: Nancy Eck , CMC City Cler CITY OF WATERLOO- ! I O WA WitI•IIt1�I F..� WATERLOO LEISURE SERVICES COMMISSION 1101 Campbell Ave. • Waterloo, IA 50701 • (319) 291-4370 • Fax (319) 291-4297 err00 �0 PAUL HUTING • Leisure Services Director April 1, 2008 4 7' c) r Mayor C TIMOTHY J. p-P/� O . HURLEY Mayor Tim Hurley COUNCIL. City Council Members MEMBERS City Hall Waterloo, IA R A. REGINALD EGI ITT Dear Mayor and Council Members: Ward 1 This is to request that Council award to Century Fence Company of COLS CAROL'I N Waukesha,WI the contract for the 2008 Cedar River/Exchange Sports Ward 2 Complex Fencing Project for the base bid amount of Twenty-Eight Thousand Four Hundred seventy-eight dollars ($28,478.00), not to exceed a HAROLD total of Thirty Thousand, Seventy-eight dollars ($30,078.00). GETTY Ward S This project consists of fencing for two (2) youth softball/baseball diamonds QUENTIN M. at Cedar River/Exchange Sports Complex. Funding is available from General HART Obligation bonds, grants and donations. Ward 4 RON Please contact me with any questions. Thank you for your consideration of WELPER this matter. Ward 5 BOB Sincerely, GREENWOOD /+ STEVE SCHMITT Paul Huting AI-Large Leisure Services Director C Clerk/Finance CITY WEBSITE: www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer CITY OF WATERLOO, IOWA COUNCIL RECORD UNFINISHED BUSINESS 6. 4.. 1 that communication from Leisure Services Director transmitting recommendation of award of contract in the amount of $30, 078.00 to Century Fence Company of Waukesha, Wisconsin in conjunction with 2008 Cedar River/Exchange Sports Complex Fencing Project, be received, placed on file and "Resolution approving award of said contract" , be adopted. Ayes: 7 Resolution adopted and upon approval by Mayor assigned No. 2008- 0 . AYES NAYS ABSENT ABSTAIN MS. COLE MR. GETTY MR. HART MR. GREENWOOD V MR. STEVE SCHMITT • I MR. WELPER ,(,// MR. REGGIE SCHMITT i, v � x NI n z C C n PO o co C .' a ' ' p. b y °rb Pzi L ¢pt s LJ. �+' EH o 0.1 cCD rr 0 A CD N 0 CD H i a Q• pD C , H ;1� ct , c CD CD W r O H z 0 p M H Z H . o •' 0, z 0 p, t. r. .• i' o N.) .11iI�+ I, M O p I PO ,� rr co A, This Resolution prepared by Nancy Eckert, City Clerk, 715 Mulberry Street, Waterloo, Iowa. RESOLUTION NO. 2008-252 RESOLUTION FIXING THE TIME AND PLACE OF HEARING AND NOTICE TO BE GIVEN ON THE SALE AND CONVEYANCE OF A PORTION OF A VACATED ALLEY GENERALLY LOCATED ADJACENT TO 432 JAMES STREET TO ROSALIE FISCHELS AS APRIL 28, 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 28th day of April, 2008, for the purpose of considering and acting upon a proposal to sell and convey a portion of a vacated alley generally located adjacent to 432 James Street to Rosalie Fischels, and legally described as follows : The East one-half (1/2) of the vacated North-South alley adjoining the South twenty-five (25) feet of Lot No. 35 and all of Lot No. 36 in Rooff' s Addition in the City of Waterloo, Black Hawk County, Iowa; for $70 . 00, plus costs . Section 2 . That the City Clerk is hereby directed to publish notice of the time and place of said hearing in the Waterloo Courier. PASSED AND ADOPTED this 7th day of April, 2008 . Tim Hurley, Mayo ATTEST: Nancy Ec t, CMC City Cle k �,�►� h�, CITY OF WATERLOO , IOWA WATERLOO PLANNING, PROGRAMMING & ZONING COMMISSION 715 Mulberry St. • Waterloo, IA 50703 • (319) 291-4366 Fax (319) 291-4262 01100 DONALD J.TEMEYER • Community Planning&Development Director April 1, 2008 /1-e-0-4A-v.y` Honorable Timothy Hurley, Mayor folio, City Council Members II MOT HY J. City Hall I TU RILEY Waterloo, Iowa RE: Sale and Conveyance of a Portion of Previously Vacated Alley Adjacent to 432 James coUNCIL Street-Fischels MEMBERS Dear Mayor and Council: REGINALD A. Transmitted herewith is the request that the City sell and convey a portion of previously rrd I.I.i vacated alley adjacent to 432 James Street to Rosalie Fischels. The area requested to be conveyed is 600 SF. On October 5, 1987 the City Council adopted Ordinance No. 3505 CAROLYN vacating the north-south alley between Gladys Street and James Street, south of Paper Mills COLE Street. On October 19, 1987 the City Council adopted Resolution No. 1987-571 authorizing Ward , the sale and conveyance of the alley to the 9 different property owners that were adjacent to the vacated alley. The then property owner of 432 James Street, Marilyn Saug, never HAROLD followed through to pay the purchase price and costs, therefore the portion of the alley GETTY adjoining 432 James Street was never conveyed and is still owned by the City of Waterloo. 1Vurd 3 432 James Street is now owned by Rosalie Fischels, who is requesting that the City of Waterloo sell and convey the portion of previously vacated alley. Since Resolution No. 1987- QUEN u N \'I. 571 authorized sale of the property in question to a different person than is now requesting HART that it be sold and conveyed to them, a new resolution authorizing sale and conveyance is Ward 4- required. RON The property abutting the area to be vacated has an average assessed value of$0.65 per WELTER EI` square foot therefore the portion of alley to be conveyed has a total value of$390.00. However, the Council previously authorized to sell and convey the property for$70.00. The BOB applicant is offering $70.00, as this was the previously agreed upon price. GREENwooD At-Ldiv The Planning, Programming and Zoning Commission recommended approval of the vacation at their regular meeting on September 14, 1987, and the City Council approved the vacate of the SIEVE alley on October 5, 1987. Please find attached an intent to vacate with offer to purchase,scHivil�I .T.f P copy Ai_l .,,t, of Ordinance No. 3505 and Resolution No. 1987-571, legal description, 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 sell and convey the requested portion of vacated alley as described herein for$70.00 plus costs to Rosalie J. Fischels,with a notation that the area in question was not sold and conveyed to Marilyn K. Saug as was authorized by Resolution No. 1987-571 adopted 10/19/87. If you have any questions or need any additional information regarding this matter, please contact our office. Sincerely, Aric A. Schroeder CITY WEBSITE: www.ci.waterloo.ia.us City Planner Attachment 1��; ��/ 11tt����(� )R YOU! cc: Noel Anderson,Community Plannt, 1i Yy vAPA 9r7�c�S File An Equal Opportunity/Affirmative Action Employer '' ' f .s . '' Request to Convey a Portion of Previously : ,. : Vacated Alley Adjacent to 432 James Street -, :f " t t , W s r �. ' ' , - ^ "j� i11/R .i 'r ice. F # ice F 41 R *` "r; �� i V wR • r •.r' •�s•w. °^^+!'°err• y' • .:„.. 'i.r....-;.'ic. ' A . , . 'P— , - 1 Area Requested to be Conveyed ' s ,"- '''11:: 1,4'4 4 I . .14,!: .1 r::,-s,- _-___,-,- ,, ffe,- 4-'31 . '.••'.1 _44' •f----'-.' ;.7•4,77., :-.1-: - .7-inil '111e4tfal•-fli....:-"4 . , ,, B.} Ili 41- ,''' 432.James St s i y. t, - •, N t1A014 p - a . '. '11 4^." ' --' , :- - :Ai , ' , -. s. iglu_ • {' ,: r y�3 ,a � i a.-jjj1} - , - Y ,,71i iYc.7 t} .•,r.'. rs N ww.r Hawthorne Ave H t ,' 60 30 0 60 - '., .� �" Feet .., BEECHER, FIELD, WALKER, MORRIS, HOFFMAN, & JOHNSON, P.C. ATTORNEYS W. LOUIS BEECHER 620 LAFAYETTE STREET W.L. BEECHER (1891-1976) HUGH M. FIELD P.O. BOX 178 JOHN W. RATHERT (RETIRED) JOHN R. WALKER, JR. WATERLOO, IOWA 50704-0178 RICHARD R. MORRIS TELEPHONE (319)234-1766(x106) THERESA E. HOFFMAN 112 FIRST STREET FAX (319)234-1225 ERIC W. JOHNSON INDEPENDENCE, IOWA 50644 WEB www.beecherlaw.com KEVIN D. AHRENHOLZ* (319)334-3328 E-MAIL ewj@beecherlaw.com D. RAYMOND WALTON JOHN J. WOOD 218 WEST FOURTH STREET * also licensed in WI ADNAN MAHMUTAGIC** VINTON, IOWA 52349 ** also licensed in MN KATE B. MITCHELL (319)472-2261 February 27, 2008 City of Waterloo 9 rt, <, Planning&Zoning Dept. 715 Mulberry St. Waterloo, IA 50703 *. � �o Re: Alley Vacation Greetings: I am writing on behalf of my client, Rosalie Fischels. My client owns 432 James St., Waterloo, IA. In recent title work it was found that the alley behind said real estate was vacated back in 1987, however, the then owner, Marilyn Saug, never followed through and paid the purchase price in exchange for a quit claim deed. I believe the rest of the alley has been conveyed to the various adjoining landowners and the piece for which the vacation is being requested is landlocked and of no value to anyone other than my client. Please find enclosed our Offer to Vacant and Purchase City Right-of Way in this matter. Our Offer Price is the price that was asked of Marilyn Saug. If you have any questions, please call me. _ . _ ely, NAT . Johnson for Bl ECHER, FIELD, WALKER, MO' ` S, HOFFMAN &JOHNSON, P.C. EWJ/bjk Enc. ♦ Established in 1918 INTENT TO VACATE City of Waterloo Planning and Zoning 715 Mulberry Street Waterloo, IA 50703 We the undersigned, as adjacent property owners of right-of-way requested to be vacated and generally described as (address or general location): 432 James, Waterloo, IA , have no objection to the right-of-way being vacated and have been offered the opportunity to buy a portion of the right of way. We wish to make the following known(check which applies): x We/I wish to purchase from the City the one-half of the right-of-way that adjoins our/my property (sign and date below and complete items 1-3). �.,Q.ca,cc c4 bc;43;) We/I wish to purchase from the City the entire portion of the right-of-way that adjoins our/my property. This is contingent upon the property owner opposite ours/mine choosing not to purchase their/his or her half(sign and date below and complete items 1-3). We/I do not wish to purchase from the City any portion of the right-of-way(sign and date below and leave items 1-3 blank). so, t s 3h31Oe Signature of adjace t roperty owner Date Address Phone I. 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): 170 plus costs • Deductions • May decrease price by 50%for area located within an easement: • May decrease price for the City tax that will be collected on the land within 5 yrs(8 yrs inside of the CURA): • Costs (surveying&misc., demolition,remove of curbs, etc): Asking price—Deductions=Value of Property: Offer Price for Portion of Alley You Intend to Purchase: $70 plus costs 2. Transfer of Ownership: In what name(s),company or corporation shall the property be assigned to? (Give special attention to spelling as these names will be verified and transposed as submitted onto the deed.) Rosalie J. Fischels 3. Deed: At the time of the buyer's final payment,the sellers shall convey the premises to the buyers by quitclaim deed. Please indicate the legal form you wish to be transferred in(i.e., as tenants-in- common,joint tenancy with full rights of survivorship, or as individual ownership.) individual ownership Legal Description Alley Conveyance The East one-half(1/2) of the vacated North-South alley adjoining the South twenty-five (25) feet of Lot No. 35 and all of Lot No. 36 of Rooff's Addition in the City of Waterloo, Black Hawk County, Iowa. ORDINANCE NO. 3505 AN ORDINANCE VACATING A PORTION OF AN ALLEY IN ROOFF'S ADDITION, CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, as follows: The North-South alley adjoining Lots 20-37 of Rooff's Addition, City of Waterloo, Black Hawk County, Iowa, shall be, and the same is hereby vacated. PASSED AND ADOPTED by the City Council of the City of Waterloo, Iowa, on the 5th day of October, 1987, and approved by the Mayor on the 7th day of October, 1987. Bernard L. Mc inley, Mayor/ ATTEST: /2 Lar y P urger, ity Clerk/Auditor CERTIFICATE I, Larry P. Burger, City Clerk/Auditor of the City of Waterloo, Iowa, do hereby certify that attached hereto is a true and complete copy of Ordinance No. 3505, as passed and adopted by the Council of the City of Waterloo, Iowa, on the 5th day of October, 1987. Witness my hand and seal of office this 7th day of October, 1987. ' La ry P. Burger, ity Clerk/Auditor ,. INDEXEDT,�,,£� COMPARED,\' 45'72 PAGED`N! BIACX DR COUNTY, IOYIA:SS Filed for record :1c - 9 19 R 7 at g:or A 14,aad recorded in .1 a—c.-• Oook_?_2(2___ vir r r`r - T page 5 9? ., o c C STATE OF IOWA :S b Ra--------4., L✓c�P.e_.. ' BLACK HAWK CO. Recorder y Entered for taxation S' OepU[yij' this day of ( )c_' r• 19 7 Audito Fee 5..0 0 `", Den". eGtij 0(C •� l 1., BOW 276 RESOLUTION NO. 1987-571 RESOLUTION AUTHORIZING THE SALE AND CONVEYANCE OF CERTAIN EXCESS REAL PROPERTY TO JAMES L. ROOFF AND RAMONA E. ROOFF FOR $120.00, PLUS COSTS; NORBERT L. ARMSTRONG AND JOYCE E. ARMSTRONG FOR $100.80, PLUS COSTS; JAMES ROOFF FOR $52.20, PLUS COSTS; JOHN R. ROOFF, III FOR $36.00, PLUS COSTS; JOHN R. ROOFF, JR. AND MARIAN E. ROOFF FOR $98.67, PLUS COSTS; MONTGOMERY TANK LINES FOR $120.00, PLUS COSTS; PHILIP L. HILD AND MARY JANE HILD FOR $80.00, PLUS COSTS; JAMES E. GOERING AND GLORIA GOERING FOR $50.00, PLUS COSTS; AND MARILYN K. SAUG FOR $70.00, PLUS COSTS, AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND DELIVER DEEDS FOR SAME. WHEREAS, the City of Waterloo, Iowa, is the owner of real property in the City of Waterloo, Iowa, as described below, and WHEREAS, offers to purchase certain parcels of real property in the following sums, plus costs, have been made by the following individuals: James L. Rooff and Ramona E. Rooff $120.00 Norbert L. Armstrong and Joyce E. Armstrong $100.80 James Rooff $ 52.20 John R. Rooff, III $ 36.00 John R. Rooff, Jr. and Marian E. Rooff $ 98.67 Montgomery Tank Lines $120.00 Philip L. Hild and Mary Jane Hild $ 80.00 James E. Goering and Gloria Goering $ 50.00 Marilyn K. Saug $ 70.00 and WHEREAS, a public hearing was held on October 5, 1987, at 7:00 p.m. in the Council Chambers in City Hall, Waterloo, Iowa, as provided by law, by the Council of the City of Waterloo, Iowa, on the proposal to sell and convey premises owned by the City of Waterloo, Iowa, to James L. Rooff and Ramona E. Rooff, Norbert L. Armstrong and Joyce E. Armstrong, James Rooff, John R. Rooff, III, John R. Rooff, Jr. and Marian E. Rooff, Montgomery Tank Lines, Philip L. Hild and Mary Jane Hild, James E. Goering and Gloria Goering, and Marilyn K. Saug, and WHEREAS, it is the opinion of this Council that sale and conveyance should be made as proposed. NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, AS FOLLOWS: 1. The following described real property, as fully described in the published notice in the Waterloo Courier on September 25, 1987, is not presently needed and will not be needed in the foreseeable future for municipal purposes and its ownership is serving no municipal purpose, and 2. That the offer of James L. and Ramona E. Rooff to purchase real property for the sum of $120.00 and costs be, and it is hereby accepted for real property described below: The West one-half (1/2) of the vacated North-South alley adjoining Lot Nos. 20, 21 and 22 of Rooff's Addition in the City of Waterloo, Black Hawk County, Iowa. 3. That the offer of Norbert L. Armstrong and Joyce E. Armstrong to purchase real property for the sum of $100.80 and costs be, and it is hereby accepted for real property described below: rnnl a VI 1PVCPS R Resolution No. 1987-571 Page 2 The West one-half (1/2) of the vacated North-South alley adjoining Lot Nos. 23 and 24 and the North 26 feet of Lot No. 25 of Rooff's Addition in the City of Waterloo, Black Hawk County, Iowa. 4. That the offer of James Rooff to purchase real property for the sum of $52.20 and costs be, and it is hereby accepted for real property described below: The West one-half (1/2) of the vacated North-South alley adjoining the South 24 feet of Lot No. 25 and the North 45 feet of Lot No. 26 of Rooff's Addition in the City of Waterloo, Black Hawk County, Iowa. 5. That the offer of John R. Rooff III to purchase real property for the sum of $36.00 and costs be, and it is hereby accepted for real property described below: The West one-half (1/2) of the vacated North-South alley adjoining the South 5 feet of Lot No. 26 and the North 40 feet of Lot No. 27 of Rooff's Addition in the City of Waterloo, Black Hawk County, Iowa. 6. That the offer of John R. Rooff, Jr. and Marian E. Rooff to purchase real property for the sum of $98.67 and costs be, and it is hereby accepted for real property described below: The West one-half (1/2) of the vacated North-South alley adjoining the South 10 feet of Lot No. 27, and all of the vacated North-South alley adjoining Lot Nos. 28 and 37, all in Rooff's Addition in the City of Waterloo, Black Hawk County, Iowa. 7. That the offer of Montgomery Tank Lines to purchase real property for the sum of $120.00 and costs be, and it is hereby accepted for real property described below: The East one-half (1/2) of the vacated North-South alley adjoining Lot Nos. 29, 30 and 31 of Rooff's Addition in the City of Waterloo, Black Hawk County, Iowa. 8. That the offer of Philip L. Hild and Mary Jane Hild to purchase real property for the sum of $80.00 and costs be, and it is hereby accepted for real property described below: The East one-half (1/2) of the vacated North-South alley adjoining Lot Nos. 32 and 33 of Rooff's Addition in the City of Waterloo, Black Hawk County, Iowa. 9. That the offer of James E. Goering and Gloria Goering to purchase real property for the sum of $50.00 and costs be, and it is hereby accepted for real property described below: The East one-half (1/2) of the vacated North-South alley adjoining Lot No. 34 and the North one-fourth (1/4) of Lot No. 35 of Rooff's Addition in the City of Waterloo, Black Hawk County, Iowa. 10. That the offer of Marilyn K. Saug to purchase real property for the sum of $70.00 and costs be, and it is hereby accepted for real property described below: The East one-half (1/2) of the vacated North-South alley adjoining the South three-fourths (3/4) of Lot No. 35 and all of Lot No. 36 of Rooff's Addition in the City of Waterloo, Black Hawk County, Iowa. COON 303 F1cr fti9 Resolution No. 1987-571 Page 3 11. That the City of Waterloo, Iowa, convey said parcels of real property to James L. and Ramona E. Rooff; Norbert L. Armstrong and Joyce E. Armstrong; James Rooff; John R. Rooff III; John R. Rooff, Jr. and Marian E. Rooff; Montgomery Tank Lines; Philip L. Hild and Mary Jane Hild; James E. Goering and Gloria Goering; and Marilyn K. Saug by Quit Claim Deeds. 12. That the Mayor and City Clerk are hereby authorized to execute and deliver deeds to James L. Rooff and Ramona E. Rooff; Norbert L. Armstrong and Joyce E. Armstrong; James Rooff; John R. Rooff III; John R. Rooff, Jr. and Marian E. Rooff; Montgomery Tank Lines; Philip L. Hild and Mary Jane Hild; James E. Goering and Gloria Goering; and Marilyn K. Saug. 13. That the originals of said deeds fully executed and acknowledged are hereby approved and confirmed by the Council. 14. That the City Clerk is authorized and directed to deliver said deeds of conveyance to James L. Rooff and Ramona E. Rooff upon receipt of the sum of $120.00, plus costs; Norbert L. Armstrong and Joyce E. Armstrong upon receipt of the sum of $100.80 and costs; James Rooff upon receipt of the sum of $52.20 and costs; John R. Rooff III upon receipt of the sum of $36.00 and costs; John R. Rooff, Jr. and Marian E. Rooff upon receipt of the sum of $98.67 and costs; Montgomery Tank Lines upon receipt of the sum of $120.00 and costs; Philip L. Hild and Mary Jane Hild upon receipt of the sum of $80.00 and costs; James E. Goering and Gloria Goering upon receipt of the sum of $50.00 and costs; and Marilyn K. Saug upon receipt of the sum of $70.00 and costs. PASSED AND ADOPTED this 19th day of October, 1987. act147 f Bernard L. McKinley, Mayor/ ATTEST: : ` ^• '�r '', ji �4 r , r4e Larr P. kgeg) 1t` Cler /Auditor Misc fEx 10338 MARGIN PROOF cTr , BLACK HAVYK COOHIY, lu.ra:ss COMPARE "riled for record Nov 13 1992 at 4:30 g----- M, and recorded In c) Pa a S---g Book 303 cz GI Recorder fee 15.00/ DWI CITY OF W O� ATTN MICHELLE TEMEYER Pflf-W .at [.1 Dirr I't:i i 1 CITY OF WATERLOO, IOWA COUNCIL RECORD PETITIONS FROM PUBLIC /a 8. that communication from City Planner transmitting request of Rosalie Fischels to sell and convey a portion of a vacated alley generally located adjacent to 432 James Street, be received, placed on file and "Resolution setting date of hearing as April 28, 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- 5 . AYES NAYS ABSENT ABSTAIN MS. COLE MR. GETTY MR. HART MR. GREENWOOD ' MR. STEVE SCHMITT • MR. WELPER y MR. REGGIE SCHMITT L/ 0mH 0N D N ro 0 D H ° b to p p ' M e 7 ,: b r ' n o M P. II c i O H OO 1# a C 0 n •, d H H i G s m r' P. n H y a 1 pt . O H w p, 0 P. . s Z f'1 H Z Z 0 (4,--i 0 a j PI ,,, 14 .... t7 s q r a N M 0 • r �- a F. r i This Resolution prepared by Nancy Eckert, City Clerk, 715 Mulberry Street, Waterloo, Iowa. RESOLUTION NO. 2008-253 RESOLUTION FIXING THE TIME AND PLACE OF HEARING AND NOTICE TO BE GIVEN ON REQUEST OF ELK RUN ENERGY ASSOCIATES, LLC FOR VOLUNTARY ANNEXATION OF APPROXIMATELY 347 . 61 ACRES GENERALLY LOCATED ALONG MERLE ROAD, NORTH OF NEWELL STREET, 41 MILE EAST OF NORTH ELK RUN ROAD AS APRIL 28, 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 28th day of April, 2008, for the purpose of considering and acting upon the request of Elk Run Energy Associates, LLC for voluntary annexation of approximately 347 . 61 acres generally located along Merle Road, north of Newell Street, 41 mile east of North Elk Run Road, and legally described as follows : A parcel of land situated in part of Section 14 and part of Section 15, Township 89 North, Range 12 West of the 5th Principal Meridian, including part of Newell Street right-of-way, Merle Road right-of-way, and part of the Union Pacific Railroad right-of-way, all in the County of Black Hawk, State of Iowa, more particularly described as follows : Commencing at the South ki corner of said Section 14 ; thence South 89° (Degrees) 20' (Minutes) 35" (Seconds) West (assumed bearing for the purpose of this description) on the South line of the Southwest 141 of said Section 14, a distance of 632 . 01 feet to the point of beginning; thence continuing South 89°20' 35" West on said South line, 2, 022 . 91 feet to the Southwest corner of said Section 14 ; thence South 89°49' 51" West on the South line of the East of the Southeast 1,1 of said Section 15, a distance of 1, 323 . 41 feet to the Southwest corner of the East of the Southeast '41 of said Section 15; thence North 00°10' 47" East on the West line of the East of the Southeast 'i of said Section 15, a distance of 1, 293 . 96 feet to the present Southeast right-of-way line of the Union Pacific Railroad; thence South 58°33' 57" West on said right-of- way line, 1, 041 . 44 feet; thence Southwest on said right-of-way line, being a 2, 914 . 93-foot radius curve concave Northwesterly and having a 561 . 08-foot long chord bearing South 64 °05' 17" West, 561 . 95 feet (arc length) ; thence South 69°36' 39" West, on said right-of- way line, 1, 345 . 55 feet to the West line of the Southeast of the Southwest '- of said Section 15; thence North 00°15' 43" East on said West line, 106 . 87 feet to the present Northwest right-of-way line of the Union Pacific Railroad; thence North 69°36' 39" East on said right-of-way line, 1, 307 . 86 feet; thence Northeast on said right-of-way line, being a 2, 814 . 93-foot radius curve concave Northwesterly and having a 174 . 78-foot Resolution 2008-253 Page 2 long chord bearing North 67°49' 55" East, 174 . 81 feet (arc length) ; thence North 23°56' 50" West on said right-of-way line, 50 . 00 feet; thence Northeast on said right-of-way line, being a 2, 764 . 93-foot radius curve concave Northwesterly and having a 361 . 07-foot long chord bearing North 62°18' 33" East, 361 . 33 feet (arc length) ; thence North 58°33' 57" East on said right-of- way line, 225 . 60 feet; thence South 31°26' 09" East on said right-of-way line, 50 . 00 feet; thence North 58°33' 57" East on said right-of-way line, 877 . 39 feet to the West line of the East ' of the Southeast 1/ of said Section 15; thence North 00°10' 47" East on said West line, 1, 237 . 33 feet to the Northwest corner of the East of the Southeast of said Section 15; thence North 89°44' 27" East on the North line of the East of the Southeast 1,1 of said Section 15; a distance of 1, 321 . 17 feet to the West 11 corner of said Section 14; thence North 00°11' 55" East on the West line of the South of the Northwest 1,1 of said Section 14, a distance of 1, 325 . 27 feet to the Northwest corner of the South of the Northwest 11 of said Section 14; thence North 89°16' 57" East on the North line of the South ' of the Northwest of said Section 14, a distance of 2, 642 . 29 feet to the Northeast corner of the South of the Northwest of said Section 14 ; thence North 89°17' 36" East on the North line of the Southwest 1,1 of the Northeast 1,1 of said Section 14, a distance of 190 . 01 feet to the Northerly extension of the West line of a parcel of land described in the application for condemnation, recorded in Land Deed Book 543, Page 1, in the Black Hawk County Recorder' s Office; thence South 00°01' 39" East on said West line and its Northerly extension, 540 . 03 feet to the Southwest corner of said parcel of land; thence North 89°17' 36" East on the South line of said parcel of land and its Easterly extension, 1, 019. 61 feet to a line that is 100 . 00 feet West of and parallel with the East line of the Southwest 1,1 of the Northeast of said Section 14 ; thence South 00°08' 13" East on said parallel line, 790 . 07 feet to the South line of the Southwest of the Northeast of said Section 14 ; thence South 89°21' 17" West on said South line 1, 211 . 12 feet to the Northeast corner of the East of the Southwest of said Section 14; thence South 00°01' 46" East on the East line of said East of the Southwest of said Section 14, a distance of 2, 206. 84 feet to a line that is 100 . 00 feet North of and parallel with the North line of a parcel of land described in Warranty Deed, recorded in Land Deed Book 561, Page 63, in the Black Hawk County Recorder' s Office; thence South ° ,� 89 20 35 West on said parallel line, 632 . 01 feet to the Northerly extension of a line that is 100 . 00 feet West of and parallel with the West line of said parcel of land; thence South 00°01' 46" East on said parallel line and its Northerly extension, 443 . 00 feet to the point of beginning. Containing 15, 141, 897 square feet or 347 . 61 acres, all in the City of Waterloo, Black Hawk County, Iowa . 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 2008-253 Page 3 PASSED AND ADOPTED this 7th day of April, 2008 . 57 Tim Hurley, Mayo ATTEST: Nancy Eck , -CMC City Cler CITY OF WATERLOO , IOWA ,,„,, +' �1r % etrWATERLOO PLANNING, PROGRAMMING & ZONING COMMISSION � . -^-� 715 Mulberry St. • Waterloo, IA 50703 • (319) 291-4366 Fax (319) 291-4262 Or1OQ \ DONALD J.TEMEYER • Community Planning&Development Director April 2, 2008 Honorable Timothy Hurley, Mayor /(Lito'u-1), 67/-.2.8-°F `' Law City Council Members TIMOTHY J. City Hall HURLEY Waterloo, Iowa RE: Voluntary Annexation of 347.61 Acres Along Merle Road North of Newell Street-Elk COUNCIL Run Energy Associates, LLC MEMBERS Dear Mayor and Council: REGINALD A. Transmitted herewith is the request by Elk Run Energy Associates, LLC, on behalf of the SCHNITTT property owners, for the voluntary annexation of 347.61 acres generally located along lv,r l f Merle Road,North of Newell Street, 3/ of a mile East of N Elk Run Road (East of Elk CAROLYN Run Creek) for the purpose of constructing a 750-megawatt coal-fired electric generation COLE facility. Elk Run Energy Associates would be purchasing the area for annexation as a Ward part of their project, and they are requesting the annexation. The area to be annexed is HAROLD abutting the City of Waterloo corporate limits by annexation of the railroad right-of-way GETTY between the existing City Limit line and the development area. While this area is not V ur/ included within the City of Waterloo Future Land Use map, the entire area within the QL?ENTIN M. corporate limits in this vicinity is designated for industrial development. This is due to HART the presence of Deere and Company, Tyson Foods, the Eagle Tannery, Ferguson Warta 4 Enterprises, Warren Transport, Kinder Morgan Energy, as well as the Northeast Industrial RON Park. The City of Waterloo has invested in past infrastructure improvements to this area WELBER for industrial type development, and this annexation would appear to meet the goals and IIvrmt policies of the Comprehensive Plan for the use of existing infrastructure and logical BOB expansion of an industrial area. If the area is annexed, the area will automatically be GREENWOOD designated as zoned"A-1"Agricultural District. In conjunction with the annexation +f Lrr�a request, the applicants are also requesting that 260.36 acres be rezoned from "A-1" Agricultural District to "M-2,P" Planned Industrial District. STEVE SCIIMITT A similar request for annexation was reviewed by the Planning and Zoning Commission At-cart and City Council back in April of 2007. That request was recommended for approval by the Planning and Zoning Commission and unanimously approved by the City Council. That request, which included some land without consent of the landowners, also required approval by the State's City Development Board, which denied the annexation request on the grounds that the areas included without consent of the landowners did not avoid the creation of an island or create more uniform boundaries. The applicants have now filed a new annexation request, which uses the railroad to connect between the development area and the existing City Limits instead of using Newell Street as the connection as the previous request did. This request is a 100% voluntary annexation, with all landowners included in the annexation area having signed the petition consenting to the request. With such a 100% voluntary annexation, if CITY WEBSITE: www.ci.waterloo.ia.us WE'RE WORKING FOR YC)U! An Equal Opportunity/Affirmative Action Employer approved by the City Council,the request must be filed with the Secretary of State, and does not get reviewed by the City Development Board. During the previous annexation request there was a petition opposed to the annexation presented to the Board of Supervisors and to the City of Waterloo. At this point, no new petition has been filed regarding the current request. There have been lots of letters and e-mails in support of and in opposition to the request, and these documents are on file in the City Clerk's Office for your review. Also with the current annexation request, the petitioners request that the City suspend the operative effective of the following City Ordinances in the annexed territory until January 1, 2011: Section 4-3-7(C) (which is restrictions on burning), Section 5-2-6 (A) (which is restrictions on discharging a weapon) and Title 9, Chapter 1, Article B (which is the provisions of the Property Maintenance Code). Elk Run Energy Associates LLC has indicated that based on the wishes of a property owner, they agreed to ask for a waiver of these restrictions. Staff is concerned with such a waiver, as such a waiver may not be legal. The Codes of the City of Waterloo are to cover the entire City, and it would not appear appropriate to selectively apply them or not apply them. Please find attached a staff report, aerial photo and plat of the site, and legal description. Additional details, including the entire petition, were provided in the binder of material that was previously distributed to the Council. At the April 1,2008 meeting,the Planning and Zoning Commission recommended approval of the annexation with no waiver to the City Code on an 8-2 vote. Therefore, we request the City Council set a date of public hearing on the annexation request and publish an official notice pertinent to the requested annexation, and request that such action be taken prior to, but at the same hearting, that is set for the rezoning of the land. If you have any questions, please do not hesitate to contact our office. Sincerely, di/Xi Aric A. Schroeder, City Planner Attachments cc: Noel Anderson,Director of Planning&Development File April 1,2008 79 REQUEST: THE REQUEST BY ELK RUN ENERGY ASSOCIATES LLC ON THE BEHALF OF LANDOWNERS FOR THE VOLUNTARY ANNEXATION OF 347.61 ACRES GENERALLY LOCATED ALONG MERLE ROAD, NORTH OF NEWELL STREET, '/4 OF A MILE EAST OF NORTH ELK RUN ROAD (EAST OF ELK RUN CREEK) FOR THE PURPOSE OF CONSTRUCTING A 750-MEGAWATT COAL- FIRED ELECTRIC GENERATION FACILITY APPLICANT: Elk Run Energy Associates, LLC c/o LS Power Development, LLC, 400 Chesterfield Center, Suite 110, St. Louis, MO, 63017. GENERAL DESCRIPTION: Elk Run Energy Associates, LLC proposes to construct a m odern, 750-megawatt ("MW") coal-fired electric generation facility on the northeast side of the City of Waterloo. The Elk Run energy Station will utilize proven coal-fired boiler technology with advanced emissions control technology resulting in clean and reliable generation of base load electrical power. The project will meet or exceed all environmental standards and will be one of the cleanest coal-fired power plants ever constructed. SURROUNDING LAND USES: The area to be annexed is adjacent to the City of Waterloo in an area that is identified for industrial development, and several existing industrial developments are located in the area. Surrounding uses include: North —Agricultural land, zoned A-1,and BMC Morgan Quarry, zoned and A-L East—Agricultural land, zoned A-1, and residences, zoned R-S South —Agricultural land, zoned A-1 West—Agricultural land, zoned A-1, and industrial uses including John Deere, Tyson Foods, Warren Transport, Eagle Tannery, and Kinder Morgan, zoned M-2,P VEHICULAR & PEDESTRIAN TRAFFIC The area is served by Newell Street, which is classified as Minor CONDITIONS: Arterial (in city limits), and by North Elk Run Road to the west, which is classified as a Minor Arterial. North Elk Run Road has access to Highway 20 and 1-380 to the southeast, clas sified as Principal Arterials. There are no sidewalks located in the area. RELATIONSHIP TO RECREATIONAL TRAIL There is a recreational trail along M LK Jr. Drive up to North Elk Run PLAN Road. Future plans include the potential extension of that recreational trail north along North Elk Run Road and east along the railroad through the area in question. ZONING HISTORY FOR SITE AND IMMEDIATE The property has been zoned "A"Agricultural District (since 1982 VICINITY when the County Zoning Ordinance was adopted) and is located outside of the corporate boundaries. This area would be annexed into the City of Waterloo as a part of this request, and rezoned to "M-2,P" Planned Industrial District. Surrounding areas outside the corporate boundaries have also been zoned as such since 1982, except for Morgan Quarry to the north which was rezoned to "M" Manufacturing in 1995, and then rezoned to"A-L"Agricultural- 04-01-08 Elk Run Energy Associates LLC Voluntary Annexation of 347.61 Acres Along Merle Rd N of Newell St Page 1 of 5 April 1,2008 80 Limited District in 2003 after the "M" District was eliminated from the County Zoning Ordinance. Areas within the City Limits were rezoned to "M-2,P" Planned Industrial District in the late 1980's except for the John Deere site which was rezoned to "M-2,P" Planned Industrial District in 1975. DEVELOPMENT HISTORY: Industrial development in this area initiated with the construction of the John Deere Northeast Site facility in the late 1970's and other industrial developed has occurred throughout the years. A few residences in the area are original farmsteads that date back to the early 1900's, while the majority of the other homes were developed in the 1940's and 1950's. BUFFERS/ SCREENING Elk Run Energy Associates, LLC is proposing to purchase REQUIRED: approximately 494 acres. Only 347.61 acres of that area is requested to be annexed into the City of Waterloo, and only 260.36 acres is requested to be rezoned to "M-2,P" Planned Industrial District. The proposed power generation facility structures would be located within the rezoned area and would be setback a significant distance from all property lines, creating a buffer area. The applicants have submitted a conceptual site plan that shows the industrial development surrounded by a mix of agricultural, recreational, green space and conservation land use best management practice areas, creating an excess buffer surrounding the power facility. DRAINAGE: The property in question is abutting Elk Run Creek. The site plan shows several detention basins to handle storm water runoff produced by the development, and the conceptual site development plan shows additional ponds, wetlands, and other conservation best management practices designed to im prove drainage in the area. FLOODPLAIN INFORMATION: There is a small portion of the requested area that is located within a flood hazard area as indicated by the Federal Insurance Administration's Flood Insurance Rate Map 190535 0040. The area for development of the power plant is not located within the flood hazard area. PUBLIC/OPEN SPACES/SCHOOLS: There are no schools or public open spaces in the vicinity. The conceptual site development plan does show open space/recreational elements. UTILITIES: WATER, SANITARY SEWER, All services will be extended to the site by the applicable STORM SEWER, ETC: companies, including water, sewer, gas, electric, phone, etc. These services will be extended through the rights-of way. RELATIONSHIP TO COMPREHENSIVE The Black Hawk County Future Land Use Map designates the area LAND USE PLAN: to be annexed as agricultural. The City of Waterloo Future Land Use Map (updated August 13, 2007) shows this entire area inside of the city limits as Industrial. The LESA score for the site is 174 out of 300. This score represents 04-01-08 Elk Run Energy Associates LLC Voluntary Annexation of 347.61 Acres Along Merle Rd N of Newell St Page 2 of 5 April 1,2008 81 a low agricultural value. STAFF ANALYSIS — ZONING ORDINANCE: Elk Run Energy Associates, LLC affiliate of LS Power proposes to construct a 750-Megawatt coal-fired electric generation facility. The project would involve rail accessibility and use. The requested annexation is a 347.61-acre site, outside of the corporate limits, which would be voluntarily annexed into the city limits as a part of the project. Elk Run Energy Associates would be purchasing the area for annexation as a part of their project, and they are requesting the annexation. The area to be an nexed is abutting the City of Waterloo corporate limits by annexation of the railroad right- of-way between the existing City Limit line and the development area. This type of annexation would be classified as a"flag pole" annexation. The annexation would not create any type of island situation, which is prohibited by the State Code of Iowa. A"flag pole" annexation is legal. While this area is not included within the City of Waterloo Future Land Use Map, the entire area within the corporate limits in this vicinity is designated for industrial development. This is due to the presence of Deere and Company, Tyson Foods, the Eagle Tannery, Ferguson Enterprises, Warren Transport, Kinder Morgan Energy, as well as the Northeast Industrial Park. The City of Waterloo has invested in past infrastructure improvements to this area for industrial type development, and this annexation would appear to meet the goals and policies of the Comprehensive Plan for the use of existing infrastructure and logical exp ansion of an industrial area. In April of 2007 the Planning, Programming and Zoning Commission reviewed a similar request for annexation by Elk Run Energy Associates, LLC. That request was recommended for approval by the Planning and Zoning Corn mission on a 6-5 vote and unanimously approved by the City Council. That request met the requirements of a voluntary annexation, however the State Code defines two types of voluntary annexations. Those that are 100% voluntary, and those that include up to 20% of the area to be annexed without consent of the landowner(s) to avoid creation of an island or to create more uniform boundaries (also referred to as an 80/20 annexation). The previous annexation request was an 80/20 annexation, as not all landow ners within the area requested to be annexed signed the petition consenting to the ann exation. State Code requires that 80/20 annexations also be approved by the State's City Development Board. The City Development Board denied the annexation request on the grounds that the areas included without consent of the landowners did not avoid the creation of an island or create more uniform boundaries. The applicants have now filed a new annexation request. The primary differences with this annexation request is that instead of using Newell Street as the connection to the development area the 100' railroad right-of-way is proposed to be utilized to make the connection, and the request is a 100% voluntary annexation, with all landowners included in the annexation area having signed the petition consenting to the annexation request. With such a 100% voluntary annexation, the request will be reviewed by the Planning, 04-01-08 Elk Run Energy Associates LLC Voluntary Annexation of 347.61 Acres Along Merle Rd N of Newell St Page 3 of 5 April 1,2008 82 Programming and Zoning Commission with final approval by the City Council. If approved by the City Council, the request must be filed with the Secretary of State, and does not get reviewed by the City Development Board. With the previous annexation request, a consult ation meeting with other entities was required. With the current 100% voluntary annexation, no consultation meeting is required. At the previous consultation, there was discussion of drainage, traffic, and the overall development of the power plant. The majority of comments were focused on the project itself, and its operation. During the previous annexation request there was a petition submitted to the Black Hawk County Board of Supervisors, from adjacent neighbors, requesting the Board of Supervisors to stop the City of Waterloo from annexing the land. S aid petition notes flooding, emission of chemicals, and traffic as reasons for the opposition. A petition opposed to the request was also filed with the City of Waterloo. At this point, no new petition has been filed regarding the current request. The Board of Supervisors has not yet decided if they will comment on the current request, but with the previous req uest the Board endorsed a letter from the Black Hawk County Engineer noting the need for information and planning on improvements relating to drainage and traffic/road improvements. The City of Waterloo has expressed its intent to ensure Newell Street is improved as part of the development, and maintained after its annexation. With the new annexation request only the north half of a portion of Newell Street between the current City Limits and Raymond Road will be annexed into the City. Other comments on traffic to the site, drainage on and from the site—including bridge improvements—will be addressed in the Development Agreement between the City of Waterloo and Elk Run Energy Associates LLC, as well as meeting city codes and ordinances for such drainage designs, etc. Also with the current annexation request, the petitions request that the City suspend the operative effect of the following City ordinances in the annexed to rritory until January 1, 2011: Section 4- 3-7(C), Section 5-2-6 (A) and Title 9, Chapter 1, Article B. These three sections include the restrictions on burning, the restrictions on discharging a weapon, and the provisions of the International Property Maintenance Code. Elk Run Energy Associates LLC has indicated that based on the wishes of a property owner, they agreed to ask for a waiver of these restrictions. Staff is concerned with such a waiver, as such a waiver may not be legal. The Codes of the City of Waterloo are to cover the entire City, and it would not appear appropriate to selectively apply them or not apply them. STAFF RECOMMENDATION: Therefore, staff recommends that the annexation be approved with no waiver to the City Code for the following reasons: 1. The request is in conformance with the goals and policies of the Comprehensive Plan, due to past infrastructure investment in this area for industrial development, making this a Smart Growth Project. 04-01-08 Elk Run Energy Associates LLC Voluntary Annexation of 347.61 Acres Along Merle Rd N of Newell St Page 4 of 5 April 1,2008 83 2. The request would appear beneficial to the continued development of the Northeast Industrial Park area, and would appear compatible to surrounding industrial developm ent. 3. The request would put more land into the city limits in the Primary Growth Area. 4. The request is a voluntary annexation. 04-01-08 Elk Run Energy Associates LLC Voluntary Annexation of 347.61 Acres Along Merle Rd N of Newell St Page 5 of 5 h .,- k vit., . ,, --r- t.,/‘,-,',..‘ ',,,,...:\\ ' . .,., , -,D, . , . .,,. ,,,,,, . . ./.// ' . .,,,, 1 , , \ .., , , . :,,,,.. „,,, . 1 4,„.,...toe.eit... , 't 1 4f2.4.-i4,4„,,,,,....••.• 4.., __, .,.. ..r. ,,,,, ,,.......„„ . 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N ig ?--ff6 CITY OF WATERLOO, IOWA COUNCIL RECORD 9. ‹) that communicatiqn from City Planner transmitting request of Elk Run Energy Associates, LLC, on behalf of the property owners, for voluntary annexation of approximately 347.61 acres generally located along Merle Road, north of Newell Street, % mile east of N. Elk Run Road for the purpose of constructing a 750-megawatt coal-fired electric generation facility, together with recommendation of approval of Planning, Programming and Zoning 4 C- mission, be received, placed on file and "Resolution setting date of hearing as April 2008, at 5:30 p.m. in the City Hall Council Chambers on the above described request" , adopted and City Clerk instructed to publish notice of same. Ayes: 7 . Resolution adopted and upon approval by Mayor assigned No. 2008- 5 . 4:: --Cr AYES NAYS ABSENT ABSTAIN MS. COLE MR. GETTY v.-- MR. HART (f MR. GREENWOOD MR. STEVE SCHMITT cl MR. WELPER /' MR. REGGIE SCHMITT o m ta• n m cr ,. ,ti �,. O H r O 4110. h� 0, m r 0 0 F't H. ' a) 4b H H 0 t1 m C 0' n 0 I - H O H fib cr 0, m m cD Q - , ' cr o a 0 a 0 �_ : ..e Z H 0 0 N. fr M `� ` H O Z (1:1 14 .40,,.--- r e`:, z o % 0 .. - x rt r O ao lye }' - "" 0 a l `. This Resolution prepared by Nancy Eckert, City Clerk, 715 Mulberry Street, Waterloo, Iowa. RESOLUTION NO. 2008-254 RESOLUTION FIXING THE TIME AND PLACE OF HEARING TO BE GIVEN ON APPLICATION OF ELK RUN ENERGY ASSOCIATES, LLC ON BEHALF OF THE PROPERTY OWNERS TO REZONE FROM "A-1" AGRICULTURAL DISTRICT TO "M-2, P" PLANNED INDUSTRIAL DISTRICT APPROXIMATELY 260 . 36 ACRES GENERALLY LOCATED ALONG MERLE ROAD, NORTH OF NEWELL STREET, 3/ MILE EAST OF NORTH ELK RUN ROAD, AS APRIL 28, 2008, AT 5 : 30 P.M. IN THE COUNCIL CHAMBERS IN CITY HALL AND INSTRUCTING CITY CLERK TO PUBLISH NOTICE OF HEARING. WHEREAS, the Council of the City of Waterloo, Iowa, shall meet in the Council Chambers in the City Hall in the City of Waterloo, Iowa, at 5 : 30 p.m. on the 28th day of April, 2008, for the purpose of considering and acting upon an application of Elk Run Energy Associates, LLC on behalf of the property owners to rezone from "A-1" Agricultural District to "M-2, P" Planned Industrial District approximately 260 . 36 acres generally located along Merle Road, north of Newell Street, 3/ mile east of North Elk Run Road and legally described as follows : A parcel of land situated in part of Section 14 and part of Section 15, Township 89 North, Range 12 West of the 5th Principal Meridian, part of Merle Road, and part of the Union Pacific Railroad right-of-way, all in the County of Black Hawk, State of Iowa, more particularly described as follows : Commencing at the South corner of said Section 14; thence North 00° (Degrees) 01' (Minutes) 46" (Seconds) West (assumed bearing for the purpose of this description) on the West line of the West of the Southeast 141 of said Section 14, a distance of 603 . 02 feet to a point on a line that is 260 . 00 feet North of and parallel with the North line of a parcel of land described in Warranty Deed recorded in Land Deed Book 561, Page 63, in the Black Hawk County Recorder' s Office, being the point of beginning of the parcel of land herein described; thence South 89°20' 35" West on said parallel line and its Westerly extension, 792 . 02 feet to the Northerly extension of a line that is 260 . 00 feet West of and parallel with the West line of said parcel of land described in said Warranty Deed; thence South 00°01' 46" East on said parallel line and its Northerly extension, 310 . 01 feet to a point that is 260 . 00 feet normally distant North of the present North right-of-way line of Newell Street; thence South 89°51' 12" West, 2, 925 . 06 feet to a point that is 260 . 00 feet normally distant North of the present North right- of-way line of Newell Street and 260 . 00 feet normally distant East of the West line of the East ' of the Southeast of said Section 15; thence North 00°10' 47" East on a line that is 260 . 00 feet East of and parallel with the West line of the East of the Southeast ' of said Section 15, a distance of 2, 079. 11 feet to a line that is 260 . 00 feet South of and parallel with the North line of the West of the Southeast 1,1 of said Section 15; thence North 89°44' 27" East on said parallel line, 887 . 43 feet to the Southeasterly right- Resolution No. 2008-254 Page 2 of-way line of the Union Pacific Railroad; thence North 32°05' 37" East on said Southeasterly right-of-way line, 307 . 78 feet; thence North 89°44' 27" East on the North line of the East ' of the Southeast of said Section 15, a distance of 11 . 03 feet to the West corner of said Section 14; thence North 00°11' 55" East on the West line of the South of the Northwest ka of said Section 14, a distance of 17 . 63 feet to the Southeasterly right-of-way line of the Union Pacific Railroad; thence North 32°05' 37" East on said Southeasterly right-of-way line, 237 . 33 feet; thence Northeasterly on said Southeasterly right-of-way line being a 1, 857 . 62-foot radius curve concave Southeasterly and having a 231 . 94-foot long chord bearing North 35°40' 21" East, 232 . 09 feet (arc length) to a line that is 260 . 00 feet East of and parallel with the West line of the South of the Northwest 1,1 of said Section 14; thence North 00°11' 55" East on said parallel line, 661 . 38 feet to a line that is 260 . 00 feet South of and parallel with the North line of the South ' of the Northwest 14 of said Section 14 ; thence North 89°16' 57" East on said parallel line, 2, 313 . 28 feet to a line that is 260 . 00 feet West of and parallel with the West line of a parcel of land described in the application for condemnation, recorded in Land Deed Book 543, Page 1, in the Black Hawk County Recorder' s Office; thence South 00°01' 39" East on said parallel line and its Southerly extension, 540 . 02 feet to the Westerly extension of a line that is 260 . 00 feet South of and parallel with the South line of said parcel of land described in said application for condemnation; thence North 89°17' 36" East on said parallel line and its Westerly and Easterly extensions, 1, 120 . 12 feet to a line that is 260 . 00 feet West of and parallel with the East line of the Southwest 1,1 of the Northeast of said Section 14; thence South 00°08' 13" East on said parallel line, 529. 89 feet to the South line of the Southwest of the Northeast of said Section 14; thence South 89°21' 17" West on said South line, 1, 051 . 11 feet to the Northeast corner of the East ' of the Southwest of said Section 14 ; thence South 00°01' 46" East on the East line of said East ' , a distance of 2, 046. 83 feet to the point of beginning. Containing 11, 341, 301 square feet or 260 . 36 acres, all in the City of Waterloo, Black Hawk County, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the City Clerk is hereby directed to publish Notice of the time and place of said hearing in the Waterloo Courier. PASSED AND ADOPTED this 7th day of April, 2008 . im Hurley, M or ATTEST: Nancy Eck , CMC City Cler CITY OF WATERLOO I O WA prIPMIL WATERLOO PLANNING, PROGRAMMING & ZONING COMMISSION Oe 04- 715 Mulberry St. • Waterloo, IA 50703 • (319) 291-4366 Fax (319) 291-4262 01100 DONALD J.TEMEYER • Community Planning&Development Director April 2, 2008 _ /r/ � c.)7 Honorable Timothy Hurley, Mayor Atiyol City Council Members TIMOTHY J. City Hall IIURI_,EY Waterloo, Iowa RE: Rezone "A-1"to "M-2,P"on 260.36 Acres Along Merle Road North of Newell COL xCII. Street—Elk Run Energy Associates, LLC !\[EMBERS Dear Mayor and Council: RE�,tAL D A. Transmitted herewith is the request by Elk Run Energy Associates, LLC, on behalf of the I\; o r property owners, for the rezoning of 260.36 acres from "A-1"Agricultural District to "M-2,P"Planned Industrial District generally located along Merle Road,North of Newell CAROLYN Street, 3 of a mile East of N Elk Run Road(East of Elk Run Creek) for the purpose of coLF constructing a 750-megawatt coal-fired electric generation facility. The area to be rezoned is adjacent to the City of Waterloo in an area that is identified for industrial HAROLD development, and several existing industrial developments are located in the area, C;ETI Y including Basic Materials Morgan Quarry, John Deere, Tyson Foods, Warren Transport, Eagle Tannery, Ferguson enterprises, Kinder Morgan, and the Northeast Industrial Park. QUENTIN M. All services would be extended to the site by the applicable companies, including water, HART sewer, gas, electric, phone, etc. These services will be extended through the rights-of- h °`i way. This rezoning g process, due to the submittal of the detailed information, will be RCN approving the site plan as shown as a part of the rezoning process. The site plan shows \VEUTR several plant buildings, a tower location, wastewater pond, coal pile, rail line within site, Mutt 5 as well as buffering areas, access point off of Newell Street, and vegetative plantings. BOB The requested "M-2,P"zoning of the site meets the designation of this general area, GREENWOOD inside the City Limits, as Industrial on the Future Land use Map, and is consistent with of ci„ the planned industrial classification of other adjacent sites, and the request is in E conformance with the goals and policies of the Comprehensive Plan, and would utilize SC EIMIT r infrastructure previously invested into by the City of Waterloo, making this a Smart Af-L(IP,5X Growth Project. A similar request for rezoning was reviewed by the Planning and Zoning Commission and City Council back in April of 2007. That request was recommended for approval by the Planning and Zoning Commission and unanimously approved by the City Council. The previous annexation request was denied by the State's City Development Board. The applicants have now filed a new annexation and rezoning request. The annexation request is slightly different than the previous request, however the rezoning request is identical to the previous request. However as the previous annexation request was denied, the previous rezoning request will need to be rescinded so that any action approving the rezoning will occur after any action approving the annexation. The rezoning approval would also need to state that the rezoning is not effective except "upon CITY WEBSITE: www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer completion of the annexation process for the subject real estate in accordance with the requirements of Chapter 368 of the Code of Iowa(2007)". During the previous rezoning request there was a petition opposed to the annexation presented to the City of Waterloo. With the current request, a petition protesting the rezoning has been submitted signed by two property owners that own land within 250 feet of the area to be rezoned, including Phyllis J. Morgan and Arthur Kass. Their petition notes the provision requiring a favorable vote of at least 3/4 the Council if a protest signed by 20% of the owners within 200 feet, and states that"it reasonably appears that the individuals named below own at least twenty percent of the property that is located within two hundred(200) feet". However, staff has calculated the percentage owned by the signed protestors to be 5.84%. There have been lots of letters and e-mails in support of and in opposition to the request, and these documents are on file in the City Clerk's Office for your review. The project also involves a Development Agreement between the City of Waterloo and the applicant to delineate the hook-on of infrastructure for sewer, road, water, wastewater, etc. A Development Agreement was previously approved by the City Council, but updates may be required. Please find attached a staff report, aerial photo and rezone plat of the site, and legal description. Additional details, including the entire petition, were provided in the binder of material that was previously distributed to the Council. At the April 1,2008 meeting, the Planning and Zoning Commission recommended approval of the rezoning on a 9-1 vote with the following conditions: 1. The proposed Mitigation Criteria as outlined in the traffic study, Page 16 (enclosed). 2. That the design, construction, and operation of the planned electric generation facility will be in compliance with all federal, state, and local laws, ordinances, and regulations. The facility will be equipped with state-of-the-art air emission control technologies, which will make the Elk Run Energy Station one the cleanest coal plants in the country. 3. That the company continues to further engineer and economically study the use and selection of renewable fuel sources, which may potentially involve switch grass, corn stalks, or waste products from Iowa-based ethanol projects. 4. That the site plan meets the rules and regulations of all applicable local codes and ordinances, including but not limited to drainage, landscaping, etc. 5. That a Development Agreement is approved to address the extension of infrastructure for the project including, but not limited to, wastewater, water, sewer, and Newell Street improvements. Therefore, we request the City Council rescind Ordinance No. 4868 and set a date of public hearing on the rezoning request and publish an official notice pertinent to the requested rezoning, with said rezoning to have the following wording: "This ordinance shall become effective following publication hereof as required by law and upon completion of the annexation process for the subject real estate in accordance with the requirements of Chapter 368 of the Code of Iowa (2007), which in any event must be completed within six(6)months from the date hereof, or this ordinance shall be void an of no force or effect." If you have any questions, please do not hesitate to contact our office. Sincerely, Aric A. Schroeder, City Planner Attachments cc: Noel Anderson,Director of Planning&Development File April 1,2008 84 REQUEST: THE REQUEST BY ELK RUN ENERGY ASSOCIATES LLC ON THE BEHALF OF LANDOWNERS FOR THE REZONING OF 260.36 ACRES FROM "A-1"AGRICULTURAL DISTRICT TO "M- 2,P" PLANNED INDUSTRIAL DISTRICT GENERALLY LOCATED ALONG MERLE ROAD, NORTH OF NEWELL STREET, '/ OF A MILE EAST OF NORTH ELK RUN ROAD (EAST OF ELK RUN CREEK) FOR THE PURPOSE OF CONSTRUCTING A 750- MEGAWATT COAL-FIRED ELECTRIC GENERATION FACILITY APPLICANT: Elk Run Energy Associates, LLC c/o LS Power Development, LLC, 400 Chesterfield Center, Suite 110, St. Louis, MO, 63017. GENERAL DESCRIPTION: Elk Run Energy Associates, LLC proposes to construct a m odern, 750-megawatt ("MW") coal-fired electric generation facility on the northeast side of the City of Waterloo. The Elk Run energy Station will utilize proven coal-fired boiler technology with advanced emissions control technology resulting in clean and reliable generation of base load electrical power. The project will meet or exceed all environmental standards and will be one of the cleanest coal-fired power plants ever constructed. SURROUNDING LAND USES: The area to be annexed and rezoned is adjacent to the City of Waterloo in an area that is identified for industrial development, and several existing industrial developments are located in the area. Surrounding uses incl ude: North —Agricultural land, zoned A-1, and BMC Morgan Quarry, zoned and A-L East—Agricultural land, zoned A-1, and residences, zoned R-S South—Agricultural land, zoned A-1 West—Agricultural land, zoned A-1, and industrial uses including John Deere, Tyson Foods, Warren Transport, Eagle Tannery, and Kinder Morgan, zoned M-2,P VEHICULAR & PEDESTRIAN TRAFFIC The area is served by Newell Street, which is classified as Minor CONDITIONS: Arterial (in city limits), and by North Elk Run Road to the west, which is classified as a Minor Arterial. North Elk Run Road has access to Highway 20 and 1-380 to the southeast, classified as Principal Arterials. There are no sidewalks located in the area. RELATIONSHIP TO RECREATIONAL TRAIL There is a recreational trail along M LK Jr. Drive up to North Elk Run PLAN Road. Future plans include the potential extension of that recreational trail north along North Elk Run Road and east along the railroad through the area in question. ZONING HISTORY FOR SITE AND IMMEDIATE The property has been zoned "A"Agricultural District(since 1982 VICINITY when the County Zoning Ordinance was adopted) and is located outside of the corporate boundaries. This area would be annexed into the City of Waterloo as a part of this request, and rezoned to "M-2,P" Planned Industrial District. Surrounding areas outside the corporate boundaries have also been zoned as such since 1982, except for Morgan Quarry to the north which was rezoned to"M" 04-01-08 Elk Run Energy Associates LLC Rezone 260.36 Acres Along Merle Rd N of Newell St from A-1 to M-2,P Page 1 of 7 April 1,2008 85 Manufacturing in 1995, and then rezoned to "A-L"Agricultural- OJ Limited District in 2003 after the "M" District was eliminated from the County Zoning Ordinance. Areas within the City Limits were rezoned to "M-2,P" Planned Industrial District in the late 1980's except for the John Deer site which was rezoned to "M-2,P" Planned Industrial District in 1975. DEVELOPMENT HISTORY: Industrial development in this area initiated with the construction of the John Deere Northeast Site facility in the late 1970's and other industrial developed has occurred throughout the years. A few residences in the area are original farmsteads that date back to the early 1900's, while the majority of the other homes were developed in the 1940's and 1950's. BUFFERS/ SCREENING Elk Run Energy Associates, LLC is proposing to purchase REQUIRED: approximately 494 acres. Only 347.61 acres of that area is requested to be annexed into the City of Waterloo, and only 260.36 acres is requested to be rezoned to "M-2,P" Planned Industrial District. The proposed power generation facility structures would be located within the rezoned area and would be setback a significant distance from all property lines, creating a buffer area. The applicants have submitted a conceptual site plan that shows the industrial development surrounded by a mix of agricultural, recreational, green space and conservation land use best management practice areas, creating an excess buffer surrounding the power facility. DRAINAGE: The property in question is abutting Elk Run Creek. The site plan shows several detention basins to handle storm water runoff produced by the development, and the conceptual site development plan shows additional ponds, wetlands, and other conservation best management practices designed to im prove drainage in the area. FLOODPLAIN INFORMATION: There is a small portion of the requested area that is located within a flood hazard area as indicated by the Federal Insurance Administration's Flood Insurance Rate Map 190535 0040. The area for development of the power plant is not located within the flood hazard area. PUBLIC/OPEN SPACES/SCHOOLS: There are no schools or public open spaces in the vicinity. The conceptual site development plan does show open space/recreational elements. UTILITIES: WATER, SANITARY SEWER, All services will be extended to the site by the applicable STORM SEWER, ETC: companies, including water, sewer, gas, electric, phone, etc. These services will be extended through the rights-of way. The provision of these services will include: - The construction of a transmission line and switchyard/substation - The piping of natural gas from an existing supply pipeline in the 04-01-08 Elk Run Energy Associates LLC Rezone 260.36 Acres Along Merle Rd N of Newell St from A-1 to M-2,P Page 2 of 7 April 1,2008 86 area - Storage tanks for above-ground storage of diesel fuel and gasoline - A system for providing wastewater effluent from the City of Waterloo wastewater treatment plant for the cooling process. A smaller quantity of wastewater will be returned to the Cedar River, with a larger quantity evaporating. The project will require 12 to 15 million gallons per day. - Potable water will be from the Waterloo Water Works. - The provision of rail service for the coal train deliveries. The trains will be approximately 7,750 feet in length (assuming 135 cars and 3 to 4 locomotives, but potentially ranging from 110 to 150 cars). A new single or double rail loop w ill be built on project site, allowing for unloading on-site. RELATIONSHIP TO COMPREHENSIVE The Black Hawk County Future Land Use Map designates the area LAND USE PLAN: to be annexed and rezoned as agricultural. The City of Waterloo Future Land Use Map (updated August 13, 2007) shows this entire area inside of the city limits as Industrial. The Growth Area Map of the Comprehensive Plan does not include this area, as it is not currently located within the City of Waterloo. The adjacent area to the west is a Primary Groth Area, scoring 29 out of a possible 31 points on the Land Evaluation Scoring Summary. STAFF ANALYSIS — ZONING ORDINANCE: Elk Run Energy Associates, LLC affiliate of LS Power proposes to construct a 750-Megawatt coal-fired electric generation facility. The project would involve rail accessibility and use. The requested annexation is a 347.61-acre site, outside of the corporate limits, which would be voluntarily annexed into the city limits as a part of the project. The area requested for rezoning is 260.36 acres that would be within the area voluntarily annexed into the City Limits. With that annexation process, the land is automatically classified as "A-1"Agricultural District. As the proposed use is industrial, the rezoning of the land to "M-2,P" Planned Industrial District would be necessary. Elk Run Energy Associates is an affiliate of LS Power Development LLC, which was established in 1990, and has developed 10 other Greenfield power sites. This project would involve over$1 billion in investment, and is targeted to begin construction i n 2009. The"M-2,P" Planned Industrial Districts permits any uses noted in the "M-2" District, which allows any use whatsoever except four (4) listed uses, which list of exclusions does not include a power plant. The required conditions listed in the "M-2" District notes the "best practical means known for the disposal of refuse matter of water carried waste, the abatement of obnoxious or offensive odor, dust, smoke, gas, noise, or similar nuisance shall be employed." Elk Run Energy Associates LLC notes it will be utilizing state-of-the-art technology for its operation. This rezoning process, due to the 04-01-08 Elk Run Energy Associates LLC Rezone 260.36 Acres Along Merle Rd N of Newell St from A-1 to M-2,P Page 3 of 7 April 1,2008 87 submittal of the detailed information, will be approving the site plan (7 as shown as a part of the rezoning process. The site plan shows several plant buildings, a tower location, wastewater pond, coal pile, rail line within site, as well as buffering areas, access point off of Newell Street, and some vegetative plantings. The submitted site plan would appear to meet all Required Conditions as stated in the "M-2,P" District regulations, including the indication that the proposed project will "establish performance standards relating to air and water pollution emissions meeting or exceeding standards established by Federal, State, or local pollution control ordinances or laws." The submitted site plan design will incorporate large setback distances from the property line to plant equipment and will utilize natural vegetation screening to create buffer areas to minimize off-site noise from operation of the plant. The plant will further be designed with noise mitigation measures as appropriate to ensure noise levels around rotating equipment and at the project boundary are consistent with OSHA requirements. Audible noise levels at the project boundary are expected to be similar to a quiet face-to-face conversation. The requested "M-2,P" rezoning of the site meets the designation of this general area, inside the city limits, as Industrial on the Future Land Use Map, and is consistent with the planned industrial classification of other adjacent sites, including the Deere and Company, Tyson Foods, Ferguson Enterprises, Warren Transport, the Eagle Tannery, Kinder Morgan Energy, as well as the Northeast Industrial Park further to the west. The rezoning will coincide with the request for annexation. The site plan, as submitted, would appear to meet all local ordinance requ irements including setbacks, buffering, etc. and will be required to meet all applicable ordinances and regulations which will follow with further information such as storm water, landscaping, etc. As a part of this process, the applicant has subm itted a traffic study performed by Earth Tech, a local transportation consultant. In summary, the study finds that the traffic, both rail and street traffic, will be minor in nature - both during the construction phase and the operational phase. Staff has included some mitigation alternatives in the recommendation. The applicants have further submitted an independent study on property values, to determine the impact of the project upon nearby property values. Utilizing other coal fired power plants and developments near them, the study concluded that based on the trends in the region, locating a power plant does not negatively impact the value of the existing residential property. Staff is aware of many people vocalizing environmental concerns for the project. Staff has pointed out the reg ulations of the Zoning Ordinance, and does not have authority over other environmental entities, laws, etc. We would reiterate the information submitted by the applicant: the design, construction, and operation of the planned electric generation facility will be in compliance with all federal, state, and local laws, ordinances, and regulations. The facility will be equipped with state-of-the-art air emission control technologies, which will make the Elk Run Energy Station one the cleanest coal 04-01-08 Elk Run Energy Associates LLC Rezone 260.36 Acres Along Merle Rd N of Newell St from A-1 to M-2,P Page 4 of 7 April 1,2008 88 plants in the country. This compliance shall include meeting or vv exceeding all air and water pollution permits, standards, and laws. There will be extensive regulatory oversight and evaluation by state and federal authorities including the Iowa Department of Natural Resources (IDNR), Iowa Utilities Board (IUB), US Environmental Protection Agency (EPA), and US Army Corps. of Engineers. The plant will comply with all federal laws including the Clean Air Act, the Clean Water Act, the Historic Preservation Act, and the Threatened and Endangered Species Act. The IDNR permits would ensure that a new emission source does not violate National Ambient Air Quality Standards (NAAQS). Waste streams produce coal combustion by- products and scrubber by-products. These by-products will be transported by truck to local quarries to be used as beneficial fill material. The use of these products for fill is regulated by the DNR. There will be a 450-foot tower above ground level for exhaust gases, cleaned by control technologies. The company will continue to further engineer and econo mically study the use and selection of renewable fuel sources. It may potentially involve switch grass, corn stalks, or waste products from Iowa-based ethanol projects. As noted previously, the City of Waterloo has previously invested large amounts of infrastructure into the northeast industrial area, including road construction, sewer and water lines. These improvements were constructed in this area for large industrial-type development, and this rezone would appear to meet the goals and policies of the Comprehensive Plan for the use and extension of existing infrastructure and logical expansion of an industrial area. The project will also involve the City Council's approval of a Development Agreement between the City of Waterloo and the applicant to delineate the hook-on of infrastructure for sewer, road, water, wastewater, etc. An economic impact study, conducted by the Greater Cedar Valley Alliance, notes the 4-year construction period could sustain directly and indirectly as many as 1,526 jobs in the region (region is the Waterloo/Cedar Falls MSA which is Grundy, Bremer, and Black Hawk Counties), and $271 m illion in 2006 dollars. The operation after construction is estimated at $25.8 million per year in economic stimulus, and $17.4 million in labor income associated with the plant. In addition, tax payments are estimated at over$2 million per year to local jurisdictions. The Greater Cedar Valley Alliance, Chamber of Commerce, Waterloo Industrial Developm ent Association, Waterloo Development Corporation, and Resale Power Group of Iowa have taken action to endorse the project. We have also received other letters of support from several local businesses. In April of 2007 the Planning, Programming and Zoning Commission reviewed a similar request for annexation and rezone by Elk Run Energy Associates, LLC. That request for annexation and rezone was recommended for approval by the Planning and Zoning Commission on a 6-5 vote and unanimously approved by the City Council. The annexation part of that request met the requirements of a voluntary annexation, however the State Code defines two types of voluntary annexations. Those that are 100% voluntary, and those that include up to 20% of the area to be annexed without 04-01-08 Elk Run Energy Associates LLC Rezone 260.36 Acres Along Merle Rd N of Newell St from A-1 to M-2,P Page 5 of 7 April 1,2008 89 consent of the landowner(s) to avoid creation of an island or to 7 create more uniform boundaries (also referred to as an 80/20 annexation). The previous annexation request was an 80/20 annexation, as not all landowners within the area requested to be annexed signed the petition consenting to the ann exation. State Code requires that 80/20 annexations also be approved by the State's City Development Board. The City Development Board denied the annexation request on the grounds that the areas included without consent of the landowners did not avoid the creation of an island or create more uniform boundaries. The applicants have now filed a new annexation request, and have also filed a new rezoning request. The annexation request is slightly different than the previous annexation request, utilizing the railroad right-of-way as the connecting point between the current City Limits and the development area instead of using Newell Street as the connecting point. The rezoning request is identical to the previous request, however as the previous annexation request was denied, the previous rezoning request will be rescinded so that any action approving the rezoning will occur after any action approving the annexation. The rezoning request would also state that the rezoning is not effective except"upon completion of the annexation process for the subject real estate in accordance with the requirements of Chapter 368 of the Code of Iowa (2007)". There has also been opposition to the proposed p roject, primarily for environmental reasons, with traffic and drainage concerns also noted. Such opposition has previously included a petition to the Board of Supervisors and City of Waterloo. Staff would note the City of Waterloo does not have the authority or the technical expertise or staff to properly discern the environmental regulations for which a power plant operates, and would leave those decisions to the appropriate authorities, beginning w ith the Iowa Utilities Board, and the others previously listed above in relation to the local, state, and federal regulation references. The traffic concerns would be addressed by the provisions of the traffic study, which we have included as conditions of our recommendation below. Drainage concerns will be addressed as part of the final site plan, which must meet all City Codes, including drainage requirements. STAFF RECOMMENDATION: Therefore, staff recommends that the rezone be approved for the following reasons: 1. The request is in conformance with the goals and policies of the Comprehensive Plan, and would appear compatible to existing businesses and the Future Land Use Map for this area. 2. The request would appear beneficial to the continued development of the Northeast Industrial Park area, utilizing infrastructure previously invested into by the City of Waterloo, making this a Smart Growth Project. 3. The request would put more land into the city limits in the Primary Growth Area. 04-01-08 Elk Run Energy Associates LLC Rezone 260.36 Acres Along Merle Rd N of Newell St from A-1 to M-2,P Page 6 of 7 April 1,2008 90 4. The request is a voluntary annexation and rezone. And subject to the following conditions 1. The proposed Mitigation Criteria as outlined in the traffic study, Page 16. 2. That the design, construction, and operation of the planned electric generation facility will be in compliance with all federal, state, and local laws, ordinances, and regulations. The facility will be equipped with state-of-the-art air emission control technologies, which will make the Elk Run Energy Station one the cleanest coal plants in the country. 3. That the company continues to further engineer and economically study the use and selection of renewable fuel sources, which may potentially involve switch grass, corn stalks, or waste products from Iowa-based ethanol projects. 4. That the site plan meets the rules and regulations of all applicable local codes and ordinances, including but not li mited to drainage, landscaping, etc. 5. That a Development Agreement is approved to address the extension of infrastructure for the project including, but not limited to, wastewater, water, sewer, and Newell Street improvements. 04-01-08 Elk Run Energy Associates LLC Rezone 260.36 Acres Along Merle Rd N of Newell St from A-1 to M-2,P Page 7 of 7 t. - - 3 .,-. 'L, i / ,...-- . . \ , woi.-..e.,....74t,-- . ' „. ./ r i :, ., .,,, :., . : . , - -, A'N. \ 4 r � ! . ... g fix ./ " 'S,, i'A` o ` `.< Y-7:- • / ;1 fir= to D (7.°//\ . r 0 z (n en ; t . (4.- 1 ' k . N ..r _ N Elk Run,Rd -- - .., .�. 0 _ ;z 0 ° C. --h rv • r.\ 41, ' 8 (D C Cr)17 m . 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QmJmm a5mvN ° z Fm m A amour -rZ 3.a. JmJ - S Ji aa.6 Na> ' 3 —J8 m OJ'Jo- cat, '� aQ- N dam 3a' Fm5az FT,.. 3a , ° yn (,35 00 mni m mo a Z O m J. O -1-• o y ' a�m1D1 g c < q-m DA,-n xam d D C m m t° J o y a m d N'y Z a" n m Q m O'i �p y a`G d m J m D A 4N . n z/D/ '["�` 3 4 f° J°.c 3, r°' m a m g.D .785012 m z y m n m 3.a m S O yr m m y O a 0 N N J O J Z N a m F < ° z m O y J m - -HA ti Jyom ? ao o0JNoa<DCDdm -Nq� 3:3-yO Soy-5.DC<D3(y� 2r Z m m n D r',\, m m 'O p -i a < J N y ^.m N j d a m O y T N C a V �Z s Q'eomm > > `-' �� hH1 »ma'73�.m , m �JaNcmnx 'n m Q m m n N a s ry O^O t° O N K ? m ur n(urn N O .i Co 0 CITY OF WATERLOO, IOWA COUNCIL RECORD 10. that communication from City Planner transmitting request of Elk Run Energy Associates, LLC, on behalf of the property owners, to rezone from "A-1" Agricultural District to "M- 2,P" Planned Industrial District approximately 260.36 acres generally located along Merle Road, north of Newell Street, % mile east of N. Elk Run Road for the purpose of constructing a 750-megawatt coal-fired electric generation facility, together with recommendation of approval of Planning, Programming and Zoning __];• mission, be received, placed on file and "Resolution setting date of hearing as Apri 2008, at 5:30 p.m. in the City Hall Council Chambers on the above des bed request", be adopted and City Clerk instructed to publish notice of same. Ayes: Resolution adopted and upon approval by Mayor assigned No. .08- ..23-y. • AYES NAYS ABSENT ABSTAIN MS. COLE MR. GETTY (� MR. HART C/ MR. GREENWOOD MR. STEVE SCHMITT MR. WELPER MR. REGGIE SCHMITT CXI Pzi D d o rot 0 m Z y 0 i • En.1. `to. -• x NI O Pi r) Q1 ►-. e • !A- ro H O V n 71 O m N• P PO " fD '� • ! O Hr O a m cr 0 0 n Fn-' ` cD '�- s_ V H i 0 GL fD C `►T' n 4 is .,-.. e, A r ` ` H HO H C p• 0 H O op. !- „Ike.--- H z H t" V , r:14e '...., I ca `t = / ^ �\ L it ai 0 0 _ A ` t M a i■ _ This Resolution prepared by Nancy Eckert, City Clerk, 715 Mulberry Street, Waterloo, Iowa. RESOLUTION NO. 2008-255 RESOLUTION APPROVING EQUIPMENT CREDIT AGREEMENT WITH RCSYSTEMS, INC. AND DIRECTING EXECUTION OF SAID AGREEMENT BY MAYOR. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Equipment Credit Agreement dated April 7, 2008, for $5, 800 . 00 credit to be used to purchase electronic relay and/or surveillance equipment, by and between RCSystems, Inc. of Waterloo, Iowa, and the City of Waterloo, Iowa, be and the same is hereby approved, and the Mayor authorized to execute the same in behalf of the City of Waterloo, Iowa. PASSED AND ADOPTED this 7th day of April, 2008 . Tim Hurley, Mayo ATTEST: Nancy Ecker CMC City Clerk II A 44, CITY OF WATERLOO , IOWA Aii"IT �T1 WATERLOO POLICE DEPARTMENT 715 Mulberry Street • Waterloo, IA 50703 • (319) 291-4339 Fax (319) 291-4332 %eI O \O THOMAS J.JENNLNGS • Chief of Police April 1, 2008 Mayor TIMOTHY J. HURLEY Mayor Timothy J. Hurley City Council Members COUNCIL Dear Mayor Hurley and Council Members: MEMBERS The Waterloo Police Department/City of Waterloo is entering into an REGINALDA. Equipment Credit Agreement with RCSystems, Inc. SCHMITT Weird 1 RCSytems has agreed to provide the City with a $5,800 credit, which the CAROLYN City can use to purchase electronic relay and/or surveillance equipment COLE from the vendor. Ward HAROLD I request that the Council adopt a resolution authorizing Mayor Hurley to GETTY sign the attached Equipment Credit Agreement on behalf of the City of Ward 3 Waterloo. Thank you for your attention to and consideration of this QUENTIN M. proposal. HART Ward 4 Sincerely, RON — WELPERkmksm d d 12Mt"` Ward5 `/,�rf Thomas J. Jennings BOB Chief of Police GREENWOOD At-Large TJJ:dkk STEVE SCHMITT Cc: Michelle Weidner, CFO At-Large Nancy Eckert, City Clerk Captain John Beckman Captain Tim Pillack Sergeant Robert Greenlee File 30p +>�°m CITY WEBSITE: www.ci.waterloo.ia.us VIGILANCE WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer CITY OF WATERLOO, IOWA COUNCIL RECORD DOCUMENTS 11. f/ that communication from Police Chief transmitting Equipment Credit Agreement with RCSystems, Inc. for $5, 800. 00 credit to be used to purchase electronic relay and/or surveillance equipment, be received, placed on file and "Resolution� approving said agreement" , be adopted and Mayor authorized to execute same. Ayes: Resolution adopted and upon approval by Mayor assigned No. 2008- c2c5. • AYES NAYS ABSENT ABSTAIN % MS. COLE MR. GETTY .-1//C/ MR. HART /l MR. GREENWOOD • MR. STEVE SCHMITT • MR. WELPER MR. REGGIE SCHMITT u. O UH t*'../ F' n 0 t H aD W ( � lilt ■ Z O H o tr it _ N. Z Z 0 Qbl ,� k r a w► ', i ! Sri N. � o N HI o a 0 it(-+ ro A a) a This Resolution prepared by Nancy Eckert, City Clerk, 715 Mulberry Street, Waterloo, Iowa. RESOLUTION NO. 2008-256 RESOLUTION APPROVING ENCROACHMENT AGREEMENT WITH RON AND CORA TURNER AND DIRECTING EXECUTION OF SAID AGREEMENT BY MAYOR. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Encroachment Agreement dated April 7, 2008, to allow two sections of a reconstructed split rail fence at 616 Newell Street to encroach seven feet into the right-of-way of Newell Street, legally described as follows : The Easterly 8 feet of the Westerly 18 feet and the Easterly 2 feet of the following described area: the Southerly 7 feet of Newell Street lying Westerly of an extension Northerly of the East line of Lot 3, Block 1, Rose Hill Replat, and lying Easterly of an extension Northerly of the East line of Lot 1, Block 4 , Peek' s Addition, all in the City of Waterloo, Black Hawk County, Iowa; by and between Ron and Cora Turner, 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 7th day of April, 2008 . Tim Hurley, May ATTEST: Nancy Eck , CMC City Cler _lli� CITY OF WATERLOO IOWA ifiriFlare /I WATERLOO PLANNING, PROGRAMMING & ZONING COMMISSION 715 Mulberry St. • Waterloo, IA 50703 • (319) 291-4366 Fax (319) 291-4262 lterl0 p ‘C) DONALD J.TEMEYER • Community Planning&Development Director April 1, 2008 Honorable Tim Hurley, Mayor Mayor TIMOTHY I. City Council Members HURLEY City Hall, Waterloo, Iowa RE: Encroachment Agreement, Seven Foot into Newell Street, Turner, 616 Newell Street COUNCIL MEMBERS Dear Mayor and Council: REGINALD A. Transmitted herewith is request by Ron and Cora Turner to approve an encroachment SCHMITT agreement to allow for two sections of a recently reconstructed split rail fence at 616 Newell Ward 1 Street to encroach seven feet into the right-of-way of W 13th Street. CAROLYN The Planning, Programming and Zoning Commission recommended approval of the COLE Ward 2 encroachment agreement at their regular meeting on March 4, 2008 on a 7-1 vote. HAROLD The applicants are requesting the encroachment agreement to allow for the recently GETTY reconstructed fence sections at 616 Newell Street to encroach seven feet into the right-of-way Ward 3of Newell Street. The applicants previously had a 4' tall wooden split rail fence that ran across QUENTIN M. the front of the property located approximately 7' onto the street right-of-way. This fencing HART was recently removed and two portion of the split rail fence were replaced with new vinyl split Ward 4 rail fencing, being located in the same location as the previous fence. With this request, the RON encroaching fences are fairly simple and should be able to be moved back onto private WELPER property without affecting the functionality of the fence. However, there have been similar Ward 5 encroachments approved in the past, including for fences such as an encroachment approved for a fence at 111 Frederic Avenue. There were also over 20 properties with fence sections BOB required to be moved off of public right-of-way in the Greenbrier neighborhood. The GREENWOOD At-Large Engineering Department has indicated their objection to the request, noting that encroachments into public streets are against City Code, and would set a precedent for other STEVE encroachments. The applicants have signed the attached Encroachment Agreement, which SCHMITT does include language to indemnify the City and utility companies, and provides for the At-Lame removal of the encroachment if needed. Therefore, we would ask the City Council take the appropriate action to either approve or deny the request for an encroachment agreement as presented. If you have any questions or need any additional information regarding this matter, please contact our office. Sincerely, g. Aric A. Schroeder City Planner Attachment CITY WEBSITE:www.ci.waterloo.ia.us cc: Noel Anderson.Community Planning rt,novalnpmonr nirar/nr File WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer 72 February 5,2008 REQUEST: The applicants request approval of an encroachment agreement, to allow for two sections of a recently reconstructed split rail fence at 616 Newell Street to encroach up to 6' into the right-of-way of Newell Street. APPLICANT(S): The applicants for this request are Cora and Ronald Turner. GENERAL The applicants request approval of the encroachment agreement, which DESCRIPTION: would legalize two sections of a recently reconstructed split rail fence that encroaches up to 6' onto the city owned right-of-way. The property is located at 616 Newell Street, just west of Hewitt St. IMPACT ON The request may have a negative impact on the neighborhood by setting NEIGHBORHOOD & precedent to allow fences within the city owned right-of-way. SURROUNDING LAND USES: VEHICULAR & Newell Street is classified as a Minor Arterial. A pedestrian path exists PEDESTRIAN TRAFFIC along the north side of Newell Street, but no path is located along the CONDITIONS: south side. A sidewalk may need to be added in the future. There would appear to be approximately 6' between the encroachments and the street, which would not provide for adequate room for a sidewalk keeping a safe distance and room for plowed snow storage between the road and a sidewalk. If approved, the encroachment agreement can provide for the termination of the agreement in the event a sidewalk is needed. RELATIONSHIP TO No trails are planned adjacent to this property. There is an existing trail in RECREATIONAL TRAIL MLK Jr. Drive to the south, and in Donald Street to the north. Future PLAN: plans include a connection of the trail between Donald Street and MLK Jr. Drive along Bishop Avenue. ZONING HISTORY FOR The property in question and all surroun ding properties are zoned "R- SITE AND IMMEDIATE 2"One and Two Family Residence District. The properties have been VICINITY: zoned as such since adoption of the Zoning Ordinance in 1969. DEVELOPMENT The area was platted in the early 1900's with some homes in the area HISTORY: being built around that time. Other homes were built later as inf ill development, such as the home to the east at 704 Newell Street, which was built in 2004. BUFFERS/ No buffers would appear to be needed. SCREENING REQUIRED: DRAINAGE: There are no known drainage problems with this site. The requested encroachment would not appear to affect drainage. FLOODPLAIN: No portion of the site is located within the 100-year floodplain as indicated by the Flood Insurance Rate Map No. 190025 004. PUBLIC /OPEN There are no schools, open spaces or parks in the immediate area. SPACES/SCHOOLS: UTILITIES: WATER, There is an existing 15" sanitary sewer line and a 30" storm sewer line SANITARY SEWER, located along Newell St. There is overhead electric located directly over STORM SEWER, ETC. the encroaching fences. RELATIONSHIP TO The Future Land Use Map designates this site for low density residential. COMPREHENSIVE The site is located in the Primary Growth Area as designated on the LAND USE PLAN: Growth Area Map within the Comprehensive Plan. The use of the site as a single-family home is in conformance with the Future Land Use Map. STAFF ANALYSIS — The applicants recently reconstructed portions of fencing on their 616 Newell St Turner Fence Encroachment Agreement Page 1 of 3 February 5,2008 73 ZONING ORDINANCE: property, replacing previous wood fencing that was in the same location with a new vinyl fence. The applicants replaced a 6' privacy fence that extends around a portion of the property, including a portion that extend s past the front of the home that required a variance issued by the Board of Adjustment to the provisions that lim its a fence to 4' in height in the front yard (variance approved 1/29/08). The applicant took out a building permit for the 6' tall fence on 10/09/07, with a site plan that showed the fence, but did not show the house, therefore did not indicate that the fence would extend past the house, and did not make it clear how far back from Newell St the fence would be. The applicant also removed a 4' tall wooden split rail fence that ran across the front of the property located approximately 6' onto the street right-of-way. Two portions of the split rail fence were replaced with new vinyl split rail fencing, being located in the same location as the previous fence. The first portion of split rail fence is along the east side of the property running perpendicular with the street and extending outwards approximately 6' into the right-of-way. The second portion of split rail fence is along the west side of the property running parallel with the street approximately 6' into the right-of-way. The Zoning Ordinance provides for such a fence to be built up to the property with no portion of fence extending on to adjacent property or right-of-way. The applicants are requesting approval of the encroachment agreement so that they can leave the fencing where it is currently located. The applicants have indicated that the previous spl it-rail fence was located in the same spot for many years and feel that the fence is an improvement to the property and therefore request approval of the encroachment. The Black Hawk County web site photo and aerial photo would appear to indicate that the previous fence was located in the right-of-way. There is a sidewalk located along the north side of Newell Street, but no sidewalk is located along the south side. If the encroachment is approved, and if in the future it is determined that a sidewalk is needed along the south side of the property, the encroachment would need to be removed. In the past, the Engineering Department has indicated their objection to encroachments into public streets, noting the are against City Code, and would set precedent for other encroachments. Specifically sections 4-2-1, 7-1-6, and 7-5C-3 of the Code of Ordinances include language prohibiting obstructions s uch as fences within the public streets. There also may be concerns for liability for any mishaps involving a fence within a street right-of-way, on land owned by the City of Waterloo. With this request, the encroaching fences are simple and should be able to be moved back onto their property without affecting the functionality of the fence. However, there have been similar encroachments approved in the past, including for fences such as an encroachment approved for a fence at 111 Frederic Avenue. There were also over 20 properties with fence sections required to be moved off of public right-of-way in the Greenbrier neighborhood. Staff is concerned on the precedence of allowing structures to encroach into the city owned right-of-way, but does recognize the uniqueness of the fact that a previous fence existed in the same location for many years with no apparent negative im pact. STAFF ANALYSIS — Platting is not required, as it is an existing lot. SUBDIVISION 616 Newell St Turner Fence Encroachment Agreement Page 2 of 3 74 February 5,2008 ORDINANCE: STAFF Therefore staff recommends that the request for an encroachment RECOMMENDATION: agreement be denied for the following reason: 1. The request could have a negative im pact on the area. 2. The request could set precedence for allowing structures to be constructed within the City owned right-of-way. 3. The Zoning Ordinance note the removal, replacement or major rehabilitation of legal nonconforming structures shall not be allowed unless bringing them into conformance with the requirements of the Ordinance. 616 Newell St Turner Fence Encroachment Agreement Page 3 of 3 ��,-; Request for an Encroachment Agreement at ': _ 616 Newell Street to Allow a Fence to Encroach - Into the City Owned Right of Way ,;; ,', .;,`"0,' .:'�,, ",,, :,-/- 2;'.,'' „�: -fin ,,,f" xs . • ` ,. °. 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I. . •?-2 2 1 -------1. . 41 i IS FR OP [00) ' I";,.•'' 22 LF I/2S BPI,' , , ,„.:, ,,z,,,, ,, „:,;,'''''•-4 IA:t http:ffwvvw2.ccLblack-hawk.ia.uslwebsitefbhniap/bhPariniageLasp?apn=891324202002&ar... 1/2/2008 . . ,... 77 Request for Variance: Fencing Beyond front of Home And Request for Encroachment Agreement Property Location:616 Newell Street\Waterloo, Iowa 50703 Owners: Cora and Ron Turner History: In the spring of 1981 we built the home at 616 Newell Street. We took possession in October of 1981 and in the summer Of 1982 we replaced the fence that was next to a vacant lot we planned to purchase. At the time the fence was paid for by the two adjacent home owners,Turners and Therioths who has since passed on. The Therioths and Durham's has been using this spot as a garden and we planned to allow them to use it until they chose not to. The land was owned by Jim Blacklegde and eventually a few years later we purchased the vacant lot and enclosed the entire yard as we just replaced now with the vinyl fencing. Late summer 2007 we begin to take bids to complete a fencing project at our home. Ron and I have lived at our home since 1981 and a fence has been on our property since 1982, We have had several projects approved from the city including five years ago an addition to our home near the fencing and at no time has anyone indicated this was not according to city code. The person who put up the 611 wooden fencing up was Mr. Jesse Brown who has also passed away. Several fencing companies submitted bids to do this fencing work and not one questioned how the current fence was put up in relationship to the front of our home. We selected Country Estates to do our work. They took down six(6) foot fencing from the exact same place and replaced it with vinyl fencing. When the bids we submitted by all four contracting companies, not one questioned if we were aware the code did not allow the fencing to be replaced in the same manner, The fencing has always extended past the front of home. The fencing does not hinder the viewing of any citizen for safety reasons. The fencing is between two homes. Also approximately four years ago the land next to our fence was purchased and a trailer home was placed on the lot. When this land was being approved to allow the trailer home to be located there we had several conversations with the city and the new owner and no one from the city questioned the fence. Mr. Western indicated no permit existed for our fencing work. I can only share Mr. Brown was a well known contractor in our community and if he was not following the appropriate practices I feel the city would have not allowed him to complete the large project be did. We purchase the services based on bids received the same as we did for this project with the understanding the company follows the city code. County Estates has been doing business in our city and community for several years and we had no reason to believe any of the work would cause the city concern and also the same reasoning was in our minds for Mr. Brown. In October,as Mr. Western indicated Country Estates(Dennis)requested the permit and the site planned was signed oft'by Mr. Western. It is our belief that and in the best interest of all concerned that,if Mr. Western was unsure of the work project, this was the time to question in more detail what was being completed before the signature of approval was given. Our fencing work was completed and in November Country Estates office contacted me and questioned if the City had called us about the fence. I soon received a notice form Code Enforcement that our fence was in violation,. We have lived on this property for over 26 years and no written communication from the coli has ever been received on our property being in violation of the city code. 78 We maintain our property to the utmost and this is why we continue to improve our home. This fencing work improved our property value and we would appreciate if you would approve our request. At any time prior to the work being completed and paid for,if the city or the contractor had of suggested we needed to review the code,or shared we were not in compliance,we would not have purchased the fence or had Country Estates complete the project with a known violation. i have spoken with Dennis of Country Estates and he indicated he felt no need to mention a concern about how the fence extended in front of our home because he was merely replacing a fence that had been there for several years. Also the notice indicated that a portion of the fence on the other side of the house is on the city right away. Board of Adjustment Members if this small portion is on the right away for several years we had a complete fence in front of our home and we chose not to replace the entire section. Years ago with the assistance of the city we vacated an ally so our neighbor,Mr.Frank Miller, (who has also passed away) could put a chain link fence for his dogs. Because of the location of a tree we had to vacate this alley and ire split the cost. The one section of split rail fence was there at the time the city allowed us to purchase this alley. Once again no one indicated this section in the right away. However I must call your attention to the letter we received from Mr.Western, In paragraph three(3)he clearly contradicts himself. As the last sentence of paragraph three reads:"The Waterloo City Ordinance states that fences are permitted within street rights-of-way. This is just an example of the confusion this fencing issue has caused my family. Mr. Western's letter,as a planner of the city.gives me permission to leave my fence as is, When I called this to his attention he merely stated this was a typing mistake, We understand mistakes can happen,just as clearly we had no intent to violate the City of Waterloo Code. Ron and I keep our property up at all times. We enjoy our home the location and hope this issue can be resolved soon, As a city you would hope most families continue to improve their property as we have. In the future I will directly ask any contractor doing work on any property is the work in line with the City Code of Waterloo? We are asking,you to approve these requests at this time? We are most willing to answer any questions you may have. Thank You. Cora and Ron Turner 616 Newell Street Waterloo,Iowa 50703 Page 1 of 1 79 .,„,,,,„,.;:.:,.,,-.,4r,,.,,,e,:,„,,„,e,,,,,,-,:„.4.0, ,,,,,„.:,,,,,. ..„4:40.45,4,,,-,.. 0,45.siv,..„„,-.,„;?viggi,,11:41%ei*.,:.% ?I.' 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Pp g, rt f 1 ,„, g n 81 /_ �� I��, CITY OF WATERLOO, IOWA agt'T�1117 WATERLOO PLANNING, PROGRAMMING & ZONING COMMISSION 715 Mulberry St. • Waterloo, IA 50703 • (319) 291-4366 Fax(319)2)1-4262 C)rerloo ‘t) DONALD J.TEMEYER • Community Planning&Development Direct tr hlat/or TIMOTHY I. November 15, 2007 HURLEY Ron& Cora Turner 616 Newell Street COUNCIL Waterloo, IA 50703 MEMBERS Dear Turners: REGINALD A. 1 a;:I This letter is in regard to our discussion on Friday, November 9th regarding a notice of violation pertaining to the 6 ft.high fence extending beyond the front of your house. Per CAROLYN your request, I have included one application for a variance to Section PART V,2A- COLE 7,C.1.of the ordinance that prohibits fences higher than 4 ft. high in the front yard. Wani HAROLD In researching the situation, it would appear that the original fence was built without a GEM permit,and subsequently was not reviewed by Planning staff. If it had been reviewed, it Ward would not have been permitted to build a fence higher than 4 ft. past the front of the QUENTIN M. house as the Ordinance prohibiting fences higher than 4 ft. in the front yard was adopted HART with the original ordinance of 1969. Ward RON On October 9th a site plan was submitted by Country Estates Fence Company that was WEEPER incomplete as it did not show the location of the house in relation to the fence. During Wa ht the site plan review, I asked the contractor present if the fence was going beyond the front of the house with which he responded"no". BOB GREENWOOD At-Lartie In addition to the above issue,the low two rail fence extending toward the street beyond the 6 ft. fence would appear to be within the street right-of-way. The site plan does not STEVE indicate the construction of the two-rail fence. If it had been indicated on the site plan, it S At-LiMI would have been noted that it was not legal. The Waterloo City Ordinance states that fences are permitted within street rights-of-way. With that being said,the following are your options: • Remove the portion of the 6 ft. that extends beyond the front of house, or • Shorten the portion in the front yard to 4 ft. or • Apply to the Board of Adjustment for a variance of 2 ft. The two-rail fence options are: • Remove completely or • Apply to the City Council for an encroachment agreement. CITY WEBSITE:www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer 82 If you choose to apply for a variance and an encroachment agreement please understand that these are not guaranteed to be approved. The Board of adjustment is an independent board of 5 citizens appointed by the City Council that will hear your case and make their decision based upon the facts presented. If you have any questions,please contact me. Sincerely, (A/` - Chris Western Associate Planner ATT: Section pertaining to fences Board of Adjustment variance application Encroachment Agreement Original site plan for the 6 ft. fence Cc: Don Temeyer,Director of Community Planning and Development Noel Anderson,City Planner City of Waterloo Planning& Zoning Department 83 715 Mulberry Street,Waterloo,Iowa 50703 (319) 291-4366 ❑ 9gor to Vacate and Purchase City Right-of-Way Request to Vacate Easement or Encroachment Agreement ❑ Sale of City-Owned Property) G Applicant: 0 J ( (.t 4 Address:C� �k/ 6 w2_I, I Phone No.: Zi 1 ( t%3 q-(3 7 General Description of Property to Vacated(i.e.-alley between A St.&B St., South of C St.): `'1'1- ?,?yo -6 36 a... 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 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). Ali 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 pr vide a site plan and/or aerial photo of the area to be vacated if the request involves additional cons tion as reason for equest. `' -- ' tit Applicant Date~ 'I r o�*Not required for easement vacates or Encroachment Agreements 84 616 Newell Street — Encroachment Agreement 4/frl.,-Nf r Lr:-2,7 '7:. gv lie - (5 7 gin. - .- 4. 4;11 --r cry , Encroachment Area N O\ O Jie , w / 2 �` , 3,0 > ti i4 3 0 .".. ,. _ ,._ rT. 1 ,,,,Z1 Air/ , ' �' ' ' t O N l'-' ° lr �b to *n ev /,"i7 o ^,„ 4 4}O;6 4 I . e .a Quincy Si . Z t r '. / 1 ,22v.. r 85 616 Newell St — Cora Turner Encroachment Agreement �• '' > i, ,' art, �. s- , yid. ,. a, m i ' .. s � ,F ; . •/, �' ; 2"`Encroachment %0' „ n ,w..¢_.:� •!3,• J ,. ': ',z',%..�,:.:�.., ,ram"/ 'r�^« Pe ,.tom ,. �3 r t r ,.a,� " W t/p, �. ! J% % / Gam"fnacm % ,z 06,,r,.;�, fir / ram'.';;;,„r;' °_:'> 'rent E,,; ;y� "-' , Pam' W ;,' /F •/ ,,.3 •',irk s4 „ ' .. �;p ? z e /fir m,r Looking at the front of the home at 616 Standing in the right-of-way looking at one Newell St. of two split rail fences that extends into the right-of-way. The second encroachment is visible in the background. r ..; ki ? ,. A r, :'.^'fie •� ��'` n, �'/ )'' f'A ./ "; rv' e;.,ii`;, 7, :,:!ke° ; I€t. i t4 a ls`Encroachment 4.` 6� � i" 7/ {s A "J^l,`.xx ;'j !K' q g.,; cre, ;5:i, eittr!S /%n ag $. ,r�'3Y;, at ,%3S'w, :, f.- €.A.,.‘, ..? M s ,,-,xsh,:,/ {;"f �<y� ,''' ,•"..^r'��.<r • r ' ,. .dew. .,. ,•�x. ,„ .,:fr, olt ,s ',�� 'S,otTot NH",', «., , ' '�y' ,Y'./'6f"Y". ,fr J "'• " ,'.'E.c .s 1 ! .tam... EFL /33'3'� ✓ice''" , AAA„ :ciiiEi;,' ,' `,y •"fir,a s, ,'P ,'q'�''�0;;•;">>> 2 Encroachment ;.r y�, 3e: � � "j �'ass %r " a i'r2g'x" ; r „ .. T „is`z Standing in the right-of-way looking at Standing in the driveway of the property the second split rail fence that extends looking west at the second encroachment, into the right-of-way. The first which extends beyond electrical poles encroachment is visible to the left(east). located within the right-of-way. 86 616 Newell St — Cora Turner Encroachment Agreement = 4 y rt! / • wg•, ,:t <x iJ$/T%...., faP\.w.,, kb, �t R mB' so;' ?:� _ $�.midi,R9yyf:,.°A,,�"'',,..,,• d l^• ,4 1�r, � 5 q fir',„ - ,,•' 7..mA',. F.., , ^$$ ••i '?, fre t v✓,f B 'rk, S f � �� ,t efp«' •14'4,s7,1 .•'- =g gg 4 ; At,;Y �.'. 8 %f'i truce iFik„ �, } • ` rv. `V a • ..�.,, It} ^p y't ch i ,t:. yil -4 R;: f� ;', _ n riit Zi,„, AZ,,:,,', • • a" .a,' _ 'stp� `'f ' e^ ""� '' »pis ::.• ' r Ikfi ff !IC11I: ; : ' £ , '✓e ri.m, ➢ i%k / .,y' 1'3 hs j/' ✓ 'x..,,ro tiW � 3 q' Gj35r, , x ' " •••< -r ,", rjr'1,;;' '/a5,. ; ..» /%.4••, , • ,$• ,V. /;''"',r, ;%5f;4 , aii r,'a /.4 ..e�`;f'r ,,, i ,° , . Jii U /,;;xa�+wm%viiini; m' ^:' . h -s;` ..' M. ;�' Wa °« —.'�. ., , ,--. a , /�Standing on Newell St looking at the Standing in the driveway looking easterly encroachment and 6' tall privacy towards the easterly encroachment that fence extending past the front of the extends into the right-of-way past home that will require a variance. existing electrical poles. t` r 4ir_' 'Sa ,, " , ':k •',, / > :," " . t N".,F . vt'da..a. v : y ? , vi d im. , M K:o x C • g. ' w.' i i Y* Aa ,t ,. •:,: .,' • .. .�y f, ;;moo;�'• :� s' /4`"°n ,.€ ' '!'ei's��1�/ ". 4 ^2, n f'yy;,',' < 0,141- fir, 9ri„:, rms;u'": ., w�?., fi,r�,� „ En gr, �: ;�'`�,�,.f,•.'' mkt',° „'`, �R�,,x„ 3ygyq� x,- �ias< �.: _;yam �../ �, sY: ;;,��'.,*;�'.:.;.>.�,f. s..s=axN,,„.,.,ar....>...,. :ate':; ,3 y<":�. ,,i;^?. '.S.r.. s�, ,��J��, �� .a�:yiriY ���Z�'�i�?>f�,�' � Fi� :�y�` �� "r 'n' � ��?!� �� ��`yr� Standing on Newell St looking easterly at Standing on Newell St looking at the the recently constructed fence. easterly encroachment. Legal Description of 616 Newell Street Rose Hill Replat, Lots 1-3, Block 1 and the East 10 feet of that portion of the 20 foot alley lying North of the South line of Lot 1 Block 1 extended Westerly and South of the North line of Lot 1 Block 1 extended Westerly, all in the City of Waterloo, Black Hawk County, Iowa. Legal Description of the Encroachment adjacent to 616 Newell Street The Easterly 8 feet of the Westerly 18 feet and the Easterly 2 feet of the following described area: the Southerly 7 feet of Newell Street lying Westerly of an extension Northerly of the East line of Lot 3, Block 1, Rose Hill Replat, and lying Easterly of an extension Northerly of the East line of Lot 1, Block 4, Peek's Addition; all in the City of Waterloo, Black Hawk County, Iowa. • / (-0-gL3 CITY OF WATERLOO, IOWA COUNCIL RECORD 12 . S that communicatign from City Planner transmitting Encroachment Agreement with Ron and Cora Turner to allow two sections of a reconstructed split rail fence at 616 Newell Street to encroach seven feet into the right-of-way of Newell Street, be received, placed on file and "Resolution approving sai , agreement" , be adopted and Mayor and City Clerk authorized to execute same. Ayes: Resolution adopted and upon approval by Mayor assigned No. 2008-) 5(p . AYES NAYS ABSENT ABSTAIN MS. COLE v MR. GETTY l/ MR. HART MR. GREENWOOD c� MR. STEVE SCHMITT • MR. WELPER Z/) MR. REGGIE SCHMITT // Pj G 0 Po 'V x Z :. ' d cn A Po n n CD ►H. p 11 'rod ►0 CD (D .. $_ •�.- g k I. v b H O r n ?d o tD N• a n 0 cr •y` u. N► F-' a (D cr 0 0 rt M - �, _ 4 A (D 0 H d a (D C 0' n d r ,►r n . r H H z 4 O H a 0► n ca : ie'r o, rr ► ir N e` In 111. 0 a I 1 This Resolution prepared by Nancy Eckert, City Clerk, 715 Mulberry Street, Waterloo, Iowa. RESOLUTION NO. 2008-257 RESOLUTION APPROVING DEVELOPMENT AGREEMENT WITH EMPIRE ENTERPRISES LLC AND DIRECTING EXECUTION OF SAID AGREEMENT BY MAYOR. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Development Agreement dated April 7, 2008, for construction of a 15, 000 square foot building addition at their current facility located at 2729 Wagner Road, just north of Broadway Street, with a new taxable value of $388, 000 . 00, and tax rebatements for five years at 50 percent, by and between Empire Enterprises LLC of Waterloo, Iowa, and the City of Waterloo, Iowa, be and the same is hereby approved, and the Mayor and City Clerk authorized to execute the same in behalf of the City of Waterloo, Iowa. PASSED AND ADOPTED this 7th day of April, 2008 . Tim Hurley, Mayo ATTEST: 1 Nancy Ecke , CMC City Clerk 1 CITY OF WATERLOO , IOWA WATERLOO PLANNING, PROGRAMMING & ZONING COMMISSION T�m 715 Mulberry St. • Waterloo, IA 50703 • (319) 291-4366 Fax (319) 291-4262 dIFrl00 \t) DONALD J.TEMEYER • Community Planning&Development Director 1,1ayo, March 25, 2008 I I V1 C)1IP (. HURLS The Honorable Tim Hurley, Mayor, and City Council Members City Hall COUNCIL Waterloo, Iowa 50703 MEMBERS Dear Mayor and Council: REGINALD A. SCHMITT The attached Development Agreement outlines the agreement between the City of Ward 1 Waterloo and Empire Enterprises LLC for the construction of a 15,000 square foot building addition at their current facility at 2729 Wagner Road, just north of CAROLYN Broadway Street. This expansion will add $388,000 in new taxable value to their COLS site, for which theywill receive tax rebatements for 5years at 50%, as theyare Ward 2 located within the MidPort America Business Park Development Area. Please see HAROLD the attached Development Agreement and site plan. GEM' Ward 3 The Development Agreement will allow for Empire Enterprises LLC, a Waterloo business, to continue its growth and operation in the City of Waterloo. Empire HARTN M. Enterprises LLC is a foundry production and reclamation service industry. Their HART Ward 4 business continues to grow, and this expansion will serve their growing needs. RON The recent amendment to the Airport Development Area TIF District included the WELPER sites along Broadway Street to encourage such construction. The TIF designation Ward 5 allows for the City of Waterloo to offer incentives to existing businesses such as BOB Empire, so they can continue to grow their business within the corporate limits of GREENWOOD Waterloo. Empire will receive 5 years at 50% tax rebatements. The City has At-tare recently worked with other businesses in the Airport TIF District for new construction and expansions including Con Agra, Fed Ex Ground, Criterion Inc., Accurate Gear, SIEVE Advanced Heat Treat, and Action Garage. SCHMITT At-Lare Therefore, we would ask that the City Council adopt a resolution authorizing the Mayor and City Clerk to sign and fully execute the Development Agreement. If you have any questions or need any additional information regarding this matter, please contact our office. Sincer , Noel An erson City Planner Attachment Cc: Donald J. Temeyer, Community Planning & Development Director CITY WEBSITE: www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Empire.DevAgnnnt/25-Mar-08 F I i 3 30'From Addition to 10'Between Existing O/'9 North Property Line Building and New Building �o by sT r100' b Lt w l Z Q 15'From Addition to Southwest Property Line Ro ,1 O wgy87- N 200 100 0,,,,, 200 Feet / Vc,c4 CITY OF WATERLOO, IOWA COUNCIL RECORD 13 . that communication from Community Planning and Development Director transmitting Development Agreement with Empire Enterprises LLC for construction of a 15, 000 square foot building addition at their current facility located at 2729 Wagner Road, just north of Broadway Street, with a new taxable value of $388, 000.00, and tax rebatements for five years at 50 percent, be received, placed on file and "Resolution approving said agre ent" , be adopted and Mayor and City Clerk authorized to execute same. Ayes: Resolution adopted and upon approval by Mayor assigned No. 2008-:)5 . AYES NAYS ABSENT ABSTAIN MS. COLE L/ MR. GETTY MR. HART MR. GREENWOOD ' MR. STEVE SCHMITT MR. WELPER MR. REGGIE SCHMITT 7,1 tri XI �� _ �' o Do • Ilb Xi 1-3 11 � . rHOo = ,t _a fa, pi p. . �,t f it 0 - il.- 2,i),.. TA . ..4 • lb Do H .. a rt r- t..) (�Q Allt . Pt a CD . 0,,4. op at/ This Resolution prepared by Nancy Eckert, City Clerk, 715 Mulberry Street, Waterloo, Iowa. RESOLUTION NO. 2008-258 RESOLUTION APPROVING AGREEMENT WITH RICHARD F. WARREN & ASSOCIATES AND DIRECTING EXECUTION OF SAID AGREEMENT BY MAYOR. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the agreement dated April 7, 2008, at a cost of $30, 000 . 00, to prepare an application to the federal Office of Community Services Program grant in the amount of $700, 000 . 00 for economic redevelopment in the Logan Avenue/Donald Street retail area, by and between Richard F. Warren & Associates of Annandale, Virginia, and the City of Waterloo, Iowa, be and the same is hereby approved, and the Mayor authorized to execute the same in behalf of the City of Waterloo, Iowa. PASSED AND ADOPTED this 7th day of April, 2008 . Tim Hurley, May ATTEST: Nancy Eck , CMC City Cler A---� rl�y CITY OF WATERLOO , IOWA �T,,,,•� WATERLOO PLANNING, PROGRAMMING & ZONING COMMISSION LL AmoW ..":'".. S1 715 Mulberry St. • Waterloo, IA 50703 • (319) 291-4366 Fax (319) 291-4262 l'er100 N° DONALD J.TEMEYER • Community Planning&Development Director' March 27, 2008 Mayor The Honorable Tim Hurley, Mayor, TIMOTHY J. City Council Members HURLEY City Hall Waterloo, Iowa 50703 COUNCIL RE: Office of Community Services Grant Program MEMBERS Dear Mayor and Council: REGINALDA. The City of Waterloo has been working diligently to assist the Highway 63 Gateway SCHMITT Ward Community Development Corporation. The primary purpose of the corporation is to plan, coordinate, and implement public and private redevelopment efforts within neighborhoods CAROLYN generally located in the eastside of the City of Waterloo. The objective of the corporation is COLE to provide technical and management resources to assist the City of Waterloo to combat Ward 2 deterioration and blight through community redevelopment efforts designed to assist in the City of Waterloo to combat deterioration and blight through community redevelopment HAROLD creation of housing and small business and employment opportunities and to revitalize the GETTY eastside of Waterloo. Such activities will include the acquisition of commercial and Ward 3 residential properties for future development consistent with community development QUENTIN M. plans. HART Ward 4 To accomplish these objectives, the corporation will, among other things, coordinate funding, including seeking available grants from governmental authorities. Currently, there RON is an opportunity to seek funding through the federal Office of Community Services' WELPER Discretionary Grant Program, which is allocated toward economic development projects for Ward 5 community development corporations. This grant request will be primarily targeted toward a sit-down family restaurant in the Logan/Donald Street retail area. To assist the City in BOB securing a portion of these funds, Richard F. Warren &Associates have made a formal GREENWOOD offer outlining the scope of services to seek funding through the application process. If the At Large grant is awarded, it will be in the name of the CDC and there is no required match. STEVE SCHMITT Transmitted herewith is a Scope of Services for your review. The Planning and Zoning At-Large staff therefore requests that the City Council approve and enter into this agreement for the cost of$30,000. This will permit staff to seek funding in the amount of$700,000 from the Office of Community Services Program grant. If you have any questions, please contact our office Sincerely, Noel C. Anderson Community Planning and Development Director Attachment cc: Rudy Jones, Community Development Director Chris Western, Morgan WorMa Eilitihaet\Cookwaterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Richard F. Warren & Associates 3816 Whitman Road Annandale, VA 22003 (703) 863-2995; fax (703) 876-0901 Email: cmdi2000(&,msn.com March 13, 2008 Donald J. Temeyer City Planner 715 Mulberry Street Waterloo, Iowa 50703 Dear Mr. Temeyer: It was great to see you, the Mayor, Rudy and the others in Washington. It was good to hear of the interest in attracting Village Inn to the project. We continue to get reports from the community that a family sit-down restaurant is the first priority for the neighborhood. I understand that Dustin and Randy have made good progress in getting them to consider the area. A restaurant appears to be an excellent candidate for additional OCS federal funding for the area. As was true last time, the grant we will focus on is administered through the Office of Community Services (OCS). It is part of the agency's $25 million Discretionary Grant Program and provides $700,000 or $500,000 grants for economic development. Calvin Brockington was the career official in charge of this particular program. The grant announcement for this program is expected to appear within the next two weeks and would be due in six weeks, which is not a long time when you see the complexity of the application. The funds would go directly to Highway 63 CDC which could choose to reimburse the City for the cost of the application. . We very much appreciate the opportunity to work with you to find the resources needed to help meet your long-term goals for the City of Waterloo, Iowa. 1 CITY OF WATERLOO, IOWA COUNCIL RECORD 126865 - Cole/Reggie Schmitt that communication from Community Planning and Development Director transmitting agreement with Richard F. Warren & Associates at a cost of $30, 000.00 to prepare an application to the federal Office of Community Services Program grant in the amount of $700, 000.00 for economic redevelopment in the Logan/Donald Street retail area, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor authorized to execute same. Prior to. a vote on the above motion, the following comments were heard. Noel Anderson, Community Planning and Development Director, explained that the city previously received an OCS grant, which is a health and human services or an anti-poverty grant for the Logan Plaza area. The majority of the money is set up to create employment opportunities for people in that immediate area or meet certain income levels. This grant, similar to the other one, would be focused on creating employment opportunities. The reason that they are focusing on a restaurant for this grant is that the restaurant has been a priority for the Logan Plaza area and the neighborhood. They believe that a restaurant type job would be a good entry level job meeting criteria for people getting their first jobs for this type of a grant. Councilperson Getty asked if when talking about the Logan/Donald Street retail area, are we talking about the property between Donald Street and the Menards' property and East 4th Street and Logan Avenue, the Logan shopping center that is there now. Mr. Anderson responded this could potentially go in the Logan Plaza shopping center site, which the majority of that area is owned by Robert Rappaport out of Minneapolis, Minnesota in a trust. It could essentially go on the Menards' site as well, depending on what lots will be available without a portion of the road going in at this time. Essentially, it can go anywhere between Donald and Ralston Road, 4th Street to Highway 63. Councilperson Getty asked if it goes on the Rappaport property will it be sold to whatever restaurant wants to go there, could it be rented, how will that work. Mr. Anderson responded that currently there are some out lots that have been sold, there are some buildings on leased land, and those details haven not been worked out. Mr. Anderson commented that he thinks we want to leave that open for the granting agencies to let them decide if ,they have a preference or leave that option open as to how we can negotiate it. Councilperson Getty voiced his objection against supporting this item for the simple reason of the person who owns the majority of that piece of property. For years, we have had businesses that have located there and their rents have been raised and they have left town. The Hy-Vee store wanted to build on that side of the property and again Mr. Rappaport and the City of Waterloo or Hy-Vee could not come to a good conclusion to the negotiations. Councilperson Getty stated it seems to him that every time we try to get something done out there AYES NAYS ABSENT ABSTAIN MS. COLE MR. GETTY MR. HART MR. GREENWOOD ' MR. STEVE SCHMITT • MR. WELPER MR. REGGIE SCHMITT XI C 0 Ki Z cn 7.1 PO r 0 e o 1-i• M n ro 0 CD cD g VI Ma o b VI V w N p Q1 ro n it fD b H ro O (D w '►7 n CD rr v O N t� O gt 1-1 a cD rt 0 0 n P. fD x H H r a a a C a W H 0 n y 00 p W rt M 1-3O z w ° O z H o z °a z 0 a v to 0 n rt ,,r N o a G t'' 0 Po rr 0 PA CITY OF WATERLOO, IOWA COUNCIL RECORD that particular property owner seems to be a problem for us. We have had hardware stores out there where the rents have been raised. We had a Ben Franklin store out there, and it is too bad that he will not negotiate with Waterloo and try to help us make that into a new viable shopping center. Councilperson Getty stated he will vote no on this item. Councilperson Reggie Schmitt commented he understands what Councilperson Getty is saying because we have had problems out there, but this is also a case where we do need to spend the $30, 000.00 to have professionals prepare the application for the grant so that we have a better chance of getting it. This $700, 000.00 is more economic improvement, more economic development in the Logan/Donald Street 'area, and we need to go for it. We don' t have to go on Rappaport's property, but he feels we should go for the grant. Councilperson Getty commented that we can all rest assured that if we get the $700, 000.00 grant, it will be in Rappaport' s property. Councilperson Hart asked if it is a necessary factor that we work with that particular developer for this grant, do we have to work with Rappaport to get this $700, 000.00, is that where it has to be developed. Councilperson Hart asked have grant fundings, such as these, been used to lure in major companies that can also work to help to get jobs that have livable wages. Mr. Anderson responded that we definitely do not have to go onto the Rappaport property. The reality is he owns the majority of property out.. there that would be considered for this, but there are other sites including the Menards' land to the north. There are some small lots next to the hotel just north of Hy-Vee that could work. The second part of the question about the grant working to bring companies, at this point we are working with the Office of Community Services (OCS) grant and the Highway 63 Gateway Community Development Corporation (CDC) . There are a number of national tenant companies looking in that area, and we are trying to negotiate with them to go there using some of that grant money to help them by bringing them employees through the grant. By far, the main factor that is bringing people to look at this area is Menards' announcement for the Spring of 2009 construction. Mayor Hurley noted the $30, 000.00 will be paid with bond money, and we will have to pay this amount whether we get the grant or not. Mayor Hurley noted its sort of our match to the process but asked if the grant is successful and brings in $700, 000.00 how could that money be used. Mr. Anderson responded it definitely can be used for some of the hard costs, but the majority of the grant is to be spent on bringing employment there. Councilperson Hart asked when we prepare the grant with Richard Warren and Associates, the CDC and the city, do we have to write within the grant that we are going to develop this particular area that the developer owns or do we have to identify specific places that the business will be located. Mr. Anderson AYES NAYS ABSENT ABSTAIN MS. COLE MR. GETTY MR. HART MR. GREENWOOD MR. STEVE SCHMITT MR. WELPER MR. REGGIE SCHMITT xi Pizt ty 0 Do Pzi x Z cn Pi ►d o os xl n m ia• o n ro 0 m M �i DJ o ro � Xi03 F-' p ro Pirn ro H ro 0 m w P IIm rt U• 0 H t4 0 4t I-, . m a rt o (1 n r• CD71 1-3H rrt Q• p, M I. M W rrt H O H 7, 0 H zz 0 p 0 cr ItH Z y z w o H o a z z° 0 PIA x m ro 0 n rt N 0 a o 0 ro rr m a CITY OF WATERLOO, IOWA COUNCIL RECORD responded we can put a general area, we can put multiple sites, but he doesn't think we have to pick one specific site. . Councilperson Greenwood asked in the administration of the grant what all can we buy wit4 it or what type of asset in terms of what the money can be used. Mr. Anderson responded a portion of it can be for the hard cost, if we had to use some of it for aiding in the construction or the site, preparation. Councilperson Greenwood asked if the city could buy the land and put up the building. Mr. Anderson responded he thinks the city could and that is something that is located in the TIF district. The grant is more centered around trying to work With the business so that they will get grant money for creating the business and hiring employees that meet the income guidelines. Mayor Hurley asked if the grant money would go to the CDC just like the last time and they allocate it. Mr. Anderson responded that is the specific group that is working on the economic development in this area, and they are partnering with us similar to how you would see MyEntreNet or the Greater Cedar Valley Alliance working on the large industrial projects. They are the group we are working with specifically to target economic development in this area. Mayor Hurley commented that we have talked a long time during political campaigns, budget sessions and goal setting sessions about spurring economic development and jobs on the eastside in Wards 3 and 4 particularly. Councilperson Steve Schmitt commented that he thinks based on history, which he has not been a part of, he understands Councilperson Getty' s concern about committing money to this, and he assumes there is not a way of writing out a developer. Mr. Anderson responded he imagines if we wanted to, but we need to look at what is in the best interest of getting the grant. If we wanted to make it site specific and not include any of Mr. Rappaport' s lands that would be a possibility, but he thinks we need to look at the larger picture of Mr. Rappaport owning a majority of the land. We have the other grants in place to help the Logan Plaza area as well so he thinks we want to leave our options open as we continue to try to work with him, but Mr. Rappaport is not going to be the only option. Councilperson Steve Schmitt commented his question was assuming that we could not write him out, which he would be surprised if we could, is that we could expand the area as its been talked about so its not just specific to Donald Street, 4th Street, Ralston Road, Highway 63, because that really does then take much flexibility away from us. Mr. Anderson responded he thinks we are going to want to leave it in that general Logan Plaza area but it could include multiple property owners. AYES NAYS ABSENT ABSTAIN MS. COLE • MR. GETTY MR. HART MR. GREENWOOD MR. STEVE SCHMITT MR. WELPER MR. REGGIE SCHMITT ro ti 0 ro Z CO Z1 ro n 0 n cc w 0 n ro 0 m m r� r� o ro t� x j Co m 0 b " CD � �" o HIV ()r o 40 1-1 (1 fD ft o 0 II 14. fD x► y H a Piw a C `4 rr 0 1-1 a a 0 p 0 It 1-3 H Z y o 4 °z o a z 0 a x o ro 0 n rr N M a o 0 ro R m a CITY OF WATERLOO, IOWA COUNCIL RECORD Councilperson Steve Schmitt asked to expand the area wouldn't necessarily help us then. Mr. Anderson responded he thinks the area that we are talking about that is covered,by the TIF and the CURA we are going to have probably three or four property owners in there now. If we didn't want to work with Mr. Rappaport specifically or could not reach an agreement with him in trying to create this project, there will be other property owners we can work with. Following comments a vote was taken on the above motion with the following result. Ayes: Six. Nays: Getty. Resolution adopted and upon approval by Mayor assigned No. 2008-258. AYES NAYS ABSENT ABSTAIN MS . COLE MR. GETTY MR. HART v MR. GREENWOOD MR. STEVE SCHMITT � MR. WELPER ✓ MR. REGGIE SCHMITT �/ 1--aa CD rr 0 0 n H. ,` ' CD �Mk '` H H ( i-o i rt. P. p, a• A• to >o iti M. 0 H H 0 �' 0 , a .�• _ _, N C i-a• 0 M - ' (N r H Z H Z t4 -r /dP W., .....7" ' p 0 Z O � C C) * . ti j NJ _ , r .4.. o I rip CITY OF WATERLOO , IOWA WATERLOO PLANNING, PROGRAMMING & ZONING COMMISSION S1� 715 Mulberry St. • Waterloo, IA 50703 • (319) 291-4366 Fax (319) 291-4262 4'erbo 3 DONALD J.TEMEYER • Community Planning&Development Director March 25, 2008 A 101/0I Honorable Timothy Hurley, Mayor I'IMOTHY J. City Council Members HURLEY City Hall Waterloo, Iowa COUNCIL MEMBERS RE: Wendell Lupkes Farm Land Lease—City Owned Property REGINALD A. Dear Mayor and Council: SCHMITT Ward 1 Transmitted herewith is the request that the City approve a lease agreement with Wendell Lupkes to bale approximately 19 acres of land located to the north of West Shaulis Road, CAROLYN between Southland Addition and Prescotts Creek. COLE Word 2 Wendell Lupkes agrees to pay the City $100.00 for the use of the said land with the term HAROLD beginning on May 1st, 2008 and ending on September 30th, 2008. The City has previously GETTY leased the land to Mr. Lupkes for the same purposes. Ward 3 QUENTIN M. Therefore, we would ask that the City Council adopt a resolution approving a lease HART agreement between the City and Wendell Lupkes to farm City owned property. If you Ward 4have any questions or need any additional information on this matter, please contact our RON office. WEEPER War`7, If you have any questions, please do not hesitate to contact our office at the number listed BOB above. GREENWOOD At-Large Sincerely, STEVE SCHMITT At-Large Noel Anderson, City Planner Attachments cc: Don Temeyer,Director of Planning&Development --file-- CITY WEBSITE: www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer s .r, R-3,R-P rr Lupkes Farm Lease - 19-Acres at Southwest corner of W 4th Street and Shaulis Road -- , . lit lk 1-1 1140fr 4 _ *Nip it* 00 ,,, _ ,_ Southland Park Subdivision ..i ilk 111 sL4-4' ' - '- 14. - ''''2-110 e * , .., _ 10 - - Ak#- '-,, 04114 thio 0„, ,,„,, cilt 't--- \L ' , ' 14110 100 — , .4 \ ,oz. -' ,4 rd *it, vit- -Ilk , 4- , .0:-7:-7111::*:-7 am West Shaulis Road 1 .. 0 19-Acre Parcel in Question A-�1 g F _ N Afk. ma 150 0 300 sl CITY OF WATERLOO, IOWA COUNCIL RECORD that communication from Community Planning and Development Director transmitting agreement with Wendell Lupkes to lease approximately 19 acres of land generally located north of West Shaulis Road, between Southland Addition and Prescotts Creek for $100.00 to use for baling purposes, be received, placed on file and "Resolution approving said agr ent" , be adopted and Mayor and City Clerk authorized to execute same. Ayes: Resolution adopted and upon approval by Mayor assigned No. 2008- J . AYES NAYS ABSENT ABSTAIN MS. COLE ' MR. GETTY MR. HART (� MR. GREENWOOD ' MR. STEVE SCHMITT t. MR. WELPER MR. REGGIE SCHMITT 0 n re 4 CD` 0 r-' a a) ft 0 � la. _ Itor na r r H H rt P. 4 `t ° H`�a a a z y L p p o .4"s".. m' R H z y t, 0 W mI =" O H r el : �� Z Z i 1 . a K IIrrt o rior 'iv- ' ,= N y'� `i 0 'o P qA—e. r a r �, # , r a • : -.1 This Resolution prepared by Nancy Eckert, City Clerk, 715 Mulberry Street, Waterloo, Iowa. RESOLUTION NO. 2008-261 RESOLUTION APPROVING THE RECOMMENDATION OF ACCEPTANCE AS TO WORK AND MATERIALS FURNISHED BY FLYNN COMPANY, INC. OF DUBUQUE, IOWA FOR THE F. Y. 2006 U. S. 20/ANSBOROUGH AVENUE INTERCHANGE PROJECT, CONTRACT NO. 667, AND ACCEPTING THE WORK. WHEREAS, Flynn Company, Inc. of Dubuque, Iowa, has under contract with the City of Waterloo, Iowa, furnished certain materials and performed labor at a total cost of $3, 005, 419 . 51 in connection with the F. Y. 2006 U. S. 20/Ansborough Avenue Interchange Project, Contract No. 667, in the City of Waterloo, Iowa. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Certificate of Completion and Recommendation of Acceptance be and the same hereby approved. PASSED AND ADOPTED this 7th day of April, 2008 . Tim Hurley, M or ATTEST: Nancy Eck r , CMC City Clerk . . �h� CITY OF WATERLOO , IOWA G ... / WATERLOO ENGINEERING DEPARTMENT 715 Mulberry St. • Waterloo, IA 50703 • (319) 291-4312 Fax (319) 291-4262 °ter ;;;A0 ERIC THORSON,P.E. • City Engineer email:city.engineer@waterloo-ia.org March 25, 2008 7 -- C.) Mayor 9002 TIMOTHY J. A033108 HURLEY Honorable Mayor Hurley and City Council Waterloo City Hall COUNCIL Waterloo, IA 50703 MEMBERS RE: COMPLETION OF PROJECT REGINALD A RECOMMENDATION OF ACCEPTANCE SCHMITT IDOT CERTIFICATION OF COMPLETION/ACCEPTANCE lti'artt i F.Y. 2006 U.S. 20/ANSBOROUGH AVENUE INTERCHANGE PROJECT STP-U-8155(616)-70-07 CAROLYN CONTRACT NO. 667 COLE 14,7"F`1` Honorable Mayor Hurley and City Council Members: HAROLD GETTY I am reporting that Flynn Company, Inc., of Dubuque, Iowa, has completed the F.Y. lVard 3 2006 U.S. 20/ANSBOROUGH AVENUE INTERCHANGE PROJECT, Contract No. 667 in accordance with the plans and specifications. It is recommended that this QUENTIN M. project be accepted. The total cost of the contract was $3,005,419.51. HART lha,d 4The Iowa Department of Transportation has finalized and accepted this project. RON WEEPER It is recommended the Council approve the attached "Certificate of Completion and Matz, Final Acceptance of Agreement Work" and authorize Mayor to sign the said document. BOB Sincerely, GREENWOOD .9t-Lathe STEVE SCHMITT Eric Thorson, P.E. At-Large City Engineer Attachment cc: Flynn Company, Inc. Michelle Weidner, Chief Financial Officer Louis Starks, Contracts & Grants Coordinator Pauline Closson, Engineering Dept. CITY WEBSITE_ www.ci-waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer CITY OF WATERLOO, IOWA COUNCIL RECORD l7. .� SS that communication from City Engineer transmitting Completion of Project and Recommendation of Acceptance of Work performed by Flynn Company, Inc. of Dubuque, Iowa at a total cost of $3, 005,419.51 in conjunction with F.Y. 2006 U.S. 20/Ansborough Avenue Interchange Project, Contract No. 667, be rec ved, placed on file and "Resolution approving said documents" , be approved. Ayes: Resolution adopted and upon approval by Mayor assigned No. 2008- e,'/ . AYES NAYS ABSENT ABSTAIN MS. COLE MR. GETTY (/ MR. HART MR. GREENWOOD ✓� MR. STEVE SCHMITT ^ MR. WELPER MR. REGGIE SCHMITT PI ti �- Cl) �►v a �i ►d f� �' �f Cl CD N CD n PC 0 CDD f ,, A t=J CV O ro t=i ;i! 03 1-., p to M rh fD '- a ro H it n 0 (D I•'• P M (D ft �► 1, W. fit. ► r O H t'' 0 1# H (1 (D rt o 0 M H. ` :, ` M ,w , �'-,la 0 H H r a s CD M M 4 N. K H x CH] H 0 X'' 0 t� i. r '�, H 0 • 0 w cr 11) ► ►� H O z w 0 `' • , ,' HO Z H 0 '�' - ,ii: _ .„ Z 0 •�i Po _ i� _fP_ k I 0 Mk o cr cD CI This Resolution prepared by Nancy Eckert, City Clerk, 715 Mulberry Street, Waterloo, Iowa. RESOLUTION NO. 2008-260 RESOLUTION APPROVING 28E AGREEMENT WITH EAST WATERLOO TOWNSHIP AND DIRECTING EXECUTION OF SAID 28E AGREEMENT BY MAYOR. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the 28E Agreement dated April 7, 2008, to provide fire and ambulance services, by and between East Waterloo Township, 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 7th day of April, 2008 . Tim Hurley, Mayo ATTEST: 1. C Nancy Ecke , CMC City Clerk CITY OF WATERLOO , IOWA 01167. , WATERLOO FIRE RESCUE SCR 425 East Third St. • Waterloo, IA 50703 • (319) 291-4459 Fax (319) 291-4279 °Ibri00 ‘O W.Douglas Carter • Chief of Fire Department Mayor TIMOTHY J. HURLEY COUNCIL TO: Nancy Eckert MEMBERS FROM: W.D. Carter, Fire Chief REGINALD A. SCHMITT DATE: March 26, 2008 Ward I CAROLYN RE: Agenda Item COLE Ward I would ask the Council to approve the annual renewal of the 28 E Agreement between the City HAROLD of Waterloo and East Waterloo Township. This 28 E Agreement is for fire and emergency GETTY medical response. Ward 3 QUENTIN M. HART Ward 4 RON WELPER Ward 5 BOB GREENWOOD At-Large STEVE SCHMITT At-Large www.cedarnetorg/fire `q ( 00 CITY WEBSITE: www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! /6`f g r' An Equal Opportunity/Affirmative Action Employer g 7 CITY OF WATERLOO, IOWA COUNCIL RECORD 16. ss that communication from Fire Chief transmitting 28E Agreement with East Waterloo Township to provide fire and ambulance services, be received, placed on file and "Resolution approving said ag. ement" , be adopted and Mayor and City Clerk authorized to execute same. Ayes: 1 / Resolution adopted and upon approval by Mayor assigned No. 2008-4v a AYES NAYS ABSENT ABSTAIN MS. COLE MR. GETTY MR. HART l� MR. GREENWOOD / MR. STEVE SCHMITT v MR. WELPER v/'7 MR. REGGIE SCHMITT I Xi t ti 0 Pt Pi Z 4` Cl) 'Ei Pi G% o ro Pi 0 O w m K ro 0 m m �, r co CD ¢l PC n CD cD u• ` O ►H tt 0 O o• CD• rt 00 0 n NS. r Cu m 0 o IIcD W " .. 0- Z 0 H UP O w cr It I r* H x H 7i 0 • ` , O H O S' Z 0 ,e ,. 1 • a ►. , r 0 K '• ,rt. f /* 1 , N �-� 1\ M a O C>` ro et c) a This Resolution prepared by Nancy Eckert, City Clerk, 715 Mulberry Street, Waterloo, Iowa. RESOLUTION NO. 2008-259 RESOLUTION APPROVING LEASE AGREEMENT WITH WENDELL LUPKES AND DIRECTING EXECUTION OF SAID AGREEMENT BY MAYOR. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the agreement dated April 7, 2008, to lease approximately 19 acres of city-owned property generally located north of West Shaulis Road between Southland Park Addition and Prescotts Creek, at a cost of $100 . 00, to be used for baling purposes, by and between Wendell Lupkes 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 7th day of April, 2008 . Tim Hurley, Mayo ATTEST: (54-j— Nancy Eck , CMC City Cler 1 1 This Resolution prepared by Nancy Eckert, City Clerk, 715 Mulberry Street, Waterloo, Iowa. RESOLUTION NO. 2008-262 RESOLUTION APPROVING AGREEMENT WITH THE UNIVERSITY OF NORTHERN IOWA AND DIRECTING EXECUTION OF SAID AGREEMENT BY MAYOR. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the agreement dated April 7, 2008, in support of Cedar Valley MyEntreNet funding at a cost of $35, 000 . 00 per year for two years starting July 1, 2008, by and between the University of Northern Iowa of Cedar Falls, Iowa, and the City of Waterloo, Iowa, be and the same is hereby approved, and the Mayor and City 1 Clerk authorized to execute the same in behalf of the City of Waterloo, Iowa. PASSED AND ADOPTED this 7th day of April, 2008 . Tim Hurley, Ma r ATTEST: Nancy Ecke CMC City Clerk • 1 i\\ �� CITY OF WATERLOO , IOWA f otr,,, CITY HALL • 715 MULBERRY ST. • WATERLOO, IA 50703 • (319) 291 43U1 FAX (319) 291-4286 11101 TR %rloo ‘o April 1, 2008 Mayor TIMOTHY J. City Council Members HURLEY Waterloo, Iowa 50703 COUNCIL Dear Council Members, Re: Cedar Valley MyEntreNet Funding MEMBERS We had a work session over at the Regional Business Center in early June to hear the elements of the MyEntreNet plan. In November I had drafted the following letter to REGINALD A. send the agreement to council, but because of revisions to the agreement exhibits, sCHMITT the document was not submitted for Council approval. We now have the agreement Ward pp 9 and revised exhibits and are forwarding those for your review and approval. The CAROLYN following is the original letter that I had planned to submit to you in November: COLE Ward 2 Im resurrecting a conversation started as early as March of this year about a HAROLD request from MyEntreNet for funding a new initiative for 2008 focused on a GEITY Cedar Valley region-wide entrepreneurship system. We had a work session Ward 3 over at the Regional Business Center in early June to hear the elements of the plan. I've had two or three meetings with Maureen Collins-Williams, Steve QUENTIN M. Dust and Mayor Crews during that time —most recently last week, and have HART W discussed with Don Temeyer and Michelle Weidner. RON A description of the initiative and proposal is included with this letter, as are WELPER the minutes from the June 4rh work session, which indicates a strong council Wards interest in finding a way to support the initiative, and a budget worksheet. BOB GREENWOOD We were originally asked to join Cedar Falls and the GCVA in contributing At-Large $35,000 each per year for two years. Both CF and Waterloo were concerned about the timing, since the request came after we'd both certified our FYE08 SCEVE LMITT budgets. Both cities a/so noted concerns about their ability to commit two At-Large years at a time. Maureen has developed a revised approach that could help us participate. Basically, we wouldn't need to remit funds until the FYE09 year, but we'd need to commit them now. She has an agreement to this plan with the Northwest Area Foundation and the UNI Regional Business center to get the program up and running using their committed funds. I support the MyEntrNet initiative. I think encouraging entrepreneurs is a key ingredient to economic development in Waterloo. The program has already shown its worth in the rural areas, and the one-year "beta"test in urban Waterloo has also shown impressive numbers. CITY WEBSITE:www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer A couple of concerns that have come up in discussion include accountability, risk/benefit, and alternative uses of the funding we identify. Mayor Crews and I have an agreement with CV MyEntreNet(UNI) on the following milestone and reporting requirements that will address accountability: UNI agrees to a written semi-annual summary documenting the results of the initiative, starting in June 2008 and repeated every six months for the duration of the agreement. The report will include: • The number of entrepreneurs served with the following services 1. technical assistance and counseling 2. classroom and workshop training 3. networking 4. on-line services • The number of community leaders served with the following services 1. classroom or workshop training 2. networking 3. online services • Economic impact 1. number and description of new business starts 2. number and description of existing business expansions 3, number and description of new FTE jobs created 4, commercial/equity investment 5. commercial space leased • Documentation of equipment and materials purchased as part of the program • Documentation of actual staff salary& benefit expenses • UNI RBC to address the council in person on an annual basis Funding for this program under the agreement between the City of Waterloo and the University of Northern Iowa Regional Business Center would by from the FYE09 General Fund. In summary, I know there are risks and uncertainties. However, I think this represents good public policy — encouraging and supporting local small business growth — and I request your approval by resolution for me to sign a memorandum of understanding with the RBC that we will fund the program in FYE09. Cedar Falls and the GCVA have tentatively committed, and await our action. Sincerely, Mayor Tim Hurley Cc: Michelle Weidner Nancy Eckert Don Temeyer Maureen Collins-Williams CITY OF WATERLOO, IOWA COUNCIL RECORD 126869 — Getty/Steve Schmitt that communication from Mayor Tim Hurley transmitting agreement with University of Northern Iowa in support of Cedar Valley MyEntreNet funding at a cost of $35, 000.,00 per year for two years starting July 1, 2008, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and City Clerk authorized to execute same. Prior to a vote on the above motion, the following comments were heard. Councilperson Welper commented when we met with the MyEntreNet people last year, he understands this is money well spent, that this money will eventually come back to us. Councilperson Welper noted he was a little bit surprised when he looked at their budget that this is primarily salaries, and we usually don't pay salaries when we allocate money for situations like this. Mayor Hurley explained that it is primarily salaries, and this is the same budget when this came to us earlier when we put it on our budget. Mayor Hurley noted the fact is that they basically have the talents and the administration to train. Thee are some obvious equipment and things to run copying machines and things like that, but its basically consulting. Following comments a vote was taken on the above motion with the following result. Ayes: Six. Nays: Cole. Resolution adopted and upon approval by Mayor assigned No. 2008-262. AYES NAYS ABSENT ABSTAIN MS. COLE L,r' MR. GETTY v MR. HART 1" MR. GREENWOOD Vr MR. STEVE SCHMITT V/ • MR. WELPER MR. REGGIE SCHMITT _ 4. g) ...... "._, rzii t1:31 2 ri 2 w t-, ri V ►I rn a) `\ ors-�+ PO Hr n H. u. H OI-, a M r 0 n ►ri N M : ?Od HG CL M C �' n 0 n H H N Cu p, n p, � K r r 70, (-) H P. 0 1:4 ,r-N.,. b H • P H. Cr HI H x W �� H , - O H 1 a . :t � `` ti VI 1 N •".� a G R` M a This Resolution prepared by Nancy Eckert, City Clerk, 715 Mulberry Street, Waterloo, Iowa. RESOLUTION NO. 2008-263 RESOLUTION APPROVING AGREEMENT WITH CRAIG RITLAND LANDSCAPE ARCHITECTS AND DIRECTING EXECUTION OF SAID AGREEMENT BY MAYOR. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the agreement dated April 7, 2008, for design and construction related services at a maximum cost of $14, 800 . 00, in conjunction with F.Y. 2008 E. 4th Street Reconstruction and Streetscape Improvements, Contract No. 742, by and between Craig Ritland Landscape Architects 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 7th day of April, 2008 . ‘764:...44,4•,* Tim Hurley, Mayor ATTEST: Nancy Eckerjh CMC City Clerk IP II 0 1 '!IL CITY OFWATERLOO , I O WA OP+';\ �1 WATERLOO ENGINEERING DEPARTMENT �M /V %w y� 715 Mulberry St. • Waterloo, IA 50703 • (319) 291-4312 Fax (319) 291-4262 9�'O°tfpp �O ERIC THORSON,P.E. • City Engineer email:city.engineer@waterloo-ia.org April 1, 2008 �j r !!�,-`o DUS— 90023 Mayor A040708 TIMOTHY J. HURLEY Honorable Mayor Hurley and Waterloo City Council Waterloo City Hall Waterloo, IA 50703 COUNCIL MEMBERS RE: F.Y.2008 E. 4TH STREET RECONSTRUCTION AND SIDEWALK REGINALD A. IMPROVEMENTS(DIVISION II) SCHMITT CONTRACT NO. 742 mini I STREETSCAPE IMPROVEMENTS DESIGN AND CRS AGREEMENT CAROLYN Honorable Mayor Hurley and City Council Members: COLE Want 2Please find attached an Agreement for design and construction related services(CRS)with HAROLD Craig Ritland Landscape Architects, of Waterloo, Iowa, in conjunction with the proposed GETTY streetscape improvements for the 100-300 blocks of East Fourth Street in the downtown. I- iid ; Services provided under this agreement will encompass and include all detailed work, services, materials, equipment, personnel and supplies necessary to provide final design, and preparation QUENTIN YE of plans and specifications in a format suitable for a local letting. HART I r This is a direct cost agreement for a maximum amount payable of$14,800.00 The cost of this RON agreement will be paid out of TIF funds. 1VELPER Ward 5 Staff has reviewed this agreement and recommends the City Council approve this document and authorize the Mayor to sign and enter into this agreement. BOB GREENWOOD If you have any questions or concerns, please contact me at this office. At-Larne STEVE Sincere SCHMITT At-Laryc Dennis J. Ge tz, P.E. Assistant City Engineer Attachment Cc: Michelle Weidner, Chief Financial Officer Noel Anderson,Community Planning& Development Director Pauline Closson, Engineering Department CITY WEBSITE: www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer CITY OF WATERLOO, IOWA COUNCIL RECORD 19. � a � SS / L&J that communicatiop from City Engineer transmitting agreement with Craig Ritland Landscape Architects for design and construction related services at a maximum cost of $14, 800.00 in conjunction with F.Y. 2008 E. 4th Street Reconstruction and Streetscape Improvements, Contract No. 742, be received, placed on file and "Resolution approving said agreement" , be adopted and Mayor and City Clerk authorized to execute same. Ayes: Resolution adopted and upon approval by Mayor assigned No. 2008-„„.26 3 AYES NAYS ABSENT ABSTAIN MS. COLE MR. GETTY s MR. HART MR. GREENWOOD MR. STEVE SCHMITT • MR. WELPER MR. REGGIE SCHMITT m w cc n n3 o c� cD - : — tr' • 4 b H O ro n 23 Q M H• P n fD Ct s ' , u. ll Q H r O f-+ f1 (D rr 0 A n N• ` ' H H H VP C to 0 t4 r. 0 i ' � Z O w tt 1I ,a tom`. Z III t i'- 0 iv #Y ct t ► �; 4 lit w +1_ yr :i y, N P.. s foe I- ►w 0 i► r 1 This Resolution prepared by Nancy Eckert, City Clerk, 715 Mulberry Street, Waterloo, Iowa. RESOLUTION NO. 2008-264 RESOLUTION APPROVING ONE-YEAR LEASE AGREEMENT WITH WATERLOO IMPLEMENT, INC. AND DIRECTING EXECUTION OF SAID AGREEMENT BY MAYOR. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the one-year lease agreement dated April 7, 2008, for a 72" side discharge riding mower at a cost of $3, 950 . 00 and a 20' flex wing pull behind mower at a cost of $3, 000 . 00, by and between Waterloo Implement, Inc. of Waterloo, Iowa, and the City of Waterloo, Iowa, be and the same is hereby approved, and the Mayor authorized to execute the same in behalf of the City of Waterloo, Iowa. PASSED AND ADOPTED this 7th day of April, 2008 . Tim Hurley, Mayo ATTEST : Nancy Ecke CMC City Clerk April 2, 2008 tY • TO: City Council WATERLOO Mayor Hurley Michelle Weidner, CFO CRUISE A N E W ALTITUDE Nancy Eckert, City Clerk FROM: Brad Hagen, Airport Director RE: Approval of 1 year Mower Lease Agreement Enclosed is a 1-year lease agreement in the amount of$6,950 between Waterloo Implement and Waterloo Regional Airport for the following two mowing pieces of equipment: 1. 72" side discharge riding mower- $3,950 2. 20' flex wing rotary cutter- $3,000 We have received four competing bids for this lease as shown below: One-Year Lease 1. Waterloo Implement, Inc. - Waterloo, Iowa 72" side discharge riding mower $ 3,950 20' flex wing rotary cutter $3,000 2. Waverly Implement- Waverly, Iowa 72" side discharge riding mower $4,000 20' flex wing rotary cutter $ 3,200 3. Smith International - Waverly, Iowa 72" side discharge riding mower Will not lease 1 year 20' flex wing rotary cutter Will not lease 1 year 4. Platts, Inc - Waterloo, Iowa 72" side discharge riding mower Will not lease 1 year 20' flex wing rotary cutter Will not lease 1 year We are recommending the lowest responsible bid from Waterloo Implement for both the 72" side discharge riding mower and the 20' flex wing pull behind mower in the 1-year lease amount of$6,950. The Airport has evaluated lease versus purchase options in prior years and has selected to lease due to the exceptionally low one-year governmental rate from John Deere, the high number of operational hours each season, and the rough terrain that wears the equipment very fast. The proposed lease rate is the same as last year's agreement. We have contacted companies providing four different brands of equipment, including John Deere, Case,New Holland, and Toro. Please let me know if you have any questions or concerns. 2790 Livingston Ln • Waterloo IA 50703 • P: 319-291-4483 • F: 319-291-4250 • www.FIyALO.com L. CITY OF WATERLOO, IOWA COUNCIL RECORD 20. that communicatipn from Airport Director transmitting one-year lease agreement with Waterloo Implement for 72" side discharge riding mower at a cost of $3, 950.00 and 20' flex wing pull behind mower at a cost of $3, 000. 00, be received, placed on file and "Resolution„approving said agreement" , be adopted and Mayor authorized to execute same. Ayes: (/ Resolution adopted and upon approval by Mayor assigned No. 2008- 4 . AYES NAYS ABSENT ABSTAIN MS. COLE MR. GETTY MR. HART !/ MR. GREENWOOD MR. STEVE SCHMITT MR. WELPER MR. REGGIE SCHMITT ✓ 7:1 ?II ef 0 Pzi PJ X 4 L ' ( to l , P:J tr., n xl n co N 0 pi 't$ ►I M (D �'= ►' p Hr O 0 0 W H (D rt -j u. a. it H, a (D ct 0 o K H. .� (D ._, i w a a a (D a W ( I.0. rr w , .., y x H H 1r Z W � r ! H Z H 0 „ r. 8 ._.... A ,.. .... ' :21 „. II. 0. 0 . ...ma 0 i ro 0 ►sue a a. a This Resolution prepared by Nancy Eckert, City Clerk, 715 Mulberry Street, Waterloo, Iowa. RESOLUTION NO. 2008-265 RESOLUTION APPROVING MEMORANDUM OF UNDERSTANDING WITH THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL NO. 66 AND DIRECTING EXECUTION OF SAID MEMORANDUM OF UNDERSTANDING BY MAYOR. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Memorandum of Understanding dated April 7, 2008, as it relates to sick leave credit, accumulation, annual distribution and accounting, by and between the International Association of Firefighters Local No. 66, and the City of Waterloo, Iowa, be and the same is hereby approved, and the Mayor authorized to execute the same in behalf of the City of Waterloo, Iowa. PASSED AND ADOPTED this 7th day of April, 2008 . Tim Hurley, M r ATTEST: Nancy Ecke , CMC City Clerk /_� I�� CITY OF WATERLOO , IOWA i��!Ir+��� CITY HALL • 715 MULBERRY ST. • WATERLOO, IA 50703 • (319) 291-4301 FAX (319) 291-4286 C?Ier�o Mayor TIMOTHY J. April 2, 2008 HURLEY COUNCIL MEMBERS City Council Members REGINALD A. City of Waterloo, Iowa SCHMITT Ward I Dear Council Members: CAROLYN COLE I am forwarding for your review and consideration a memorandum of Ward 2 Understanding between the City of Waterloo and the International Association of Firefighters Local No. 66, in which both parties agree to language changes GE'OLD regarding sick leave credit, accumulation, annual distribution and accounting. Ward A letter from Bob Stringer, Human Resources Director, also is included which QUENTIN M. explains the necessity for this agreement. HART Ward 4 I am requesting that you authorize the execution of this memorandum of RON understanding. WEEPER Ward 5 If you have any questions regarding this or require additional information,please BOB do not hesitate to contact my office. GREENWOOD At-Large Sincerely, STEVE SCHMITT t-- At-Large / Tim Hurley, Mayor City of Waterloo, Iowa CITY WEBSITE:www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer /%' CITY OF WATERLOO , IOWA �T��I HUMAN RESOURCES DEPARTMENT 620 Mulberry St. • Waterloo, IA 50703 • Phone (319) 291-4303 • Fax (319) 291-4569 Waterloo ROBERT C.STRINGER • Human Resources Director Mayo) April 1, 2008 TIMOTHY J. HURL EY Honorable Tim Hurley, Mayor, And City Council Members COUNCIL City of Waterloo, Iowa MEMBERS City Hall - 715 Mulberry Street Waterloo, IA 50703 REGINALD A. RE: Memorandum of Under- SCHMITT standing with IAFF Local 66 Ward I CAROLYN Dear Mayor Hurley and Council Members: COLE Ward 2 In the Collective Bargaining Agreement effective July 1, 2006, the City of Waterloo agreed to pay out 75% of a Firefighter's unused current year sick leave hours at the HAROLD end of each fiscal year. In prior agreements, the payout was only 25%. It was GETTY Ward 3 stipulated, however, that the Firefighter had to attain and then maintain at least 1500 sick leave hours in his or her storage bank before any payout could be made. QUENTIN M. HART At the rate of 144 hours peryear, it takes a Firefighter assigned to work a 53-hour Ward 4 g schedule approximately 11 years to attain a storage bank of 1500 sick leave hours. If RON the Firefighter does not have at least 1500 hours in his storage bank, there is no WELTER payout. Ward 5 BOB The current collective bargaining agreement is silent regarding a corresponding GREENWOOD payout for a Firefighter assigned to work a 40-hour schedule. The Memorandum of At-Large Understanding addresses this issue by requiring such employee (who earns 96 sick SIEVE leave hours per year) to attain and then maintain at least 1000 hours in his or her SCHMITT storage bank. At-Large Currently there are only two Firefighters assigned to work a 40-hour schedule. Neither Firefighter has received a payout in the last two years. Only one Firefighter assigned to a 40-hour schedule would become eligible for a payout in July, 2008 in accordance with the proposed Memorandum of Understanding. I respectfully submit this matter to you for your consideration and approval. (5,t_ Bob Stringer Human Resources Director CITY WEBSITE: www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer 6 g CITY OF WATERLOO, IOWA COUNCIL RECORD 21. SS , (u,-) that communication from Mayor Hurley transmitting Memorandum of Understanding with the International Association of Firefighters Local No. 66 as it relates to sick leave credit, accumulation, annual distribution and accounting, be received, placed on file and "Resolution approving said orandum of understanding" , be adopted and Mayor authorized to execute same. Ayes: Resolution adopted and upon approval by Mayor assigned No. 2008-C9 G . AYES NAYS ABSENT ABSTAIN MS. COLE (� MR. GETTY ci MR. HART (/ MR. GREENWOOD ' MR. STEVE SCHMITT MR. WELPER MR. REGGIE SCHMITT PO HI o m PrA NI b 0 0 m la. P n N cr — , u. ;,�. 0 H t-4 0 4 r 0, cD c+ 0 0 n N• / — - fD0. .. y H n i rr a a a a w41 '* ,' . , 0 H y 1. o x 0 : ►- ' H 0 H. 0 M : sa ^. # H z H a � ' Z W Ia- i j� Z O i� ,k i . z PO ''' : . h % Ilk. ►1"' Om gip N.) Al .... = e' ~ 0 11) a) lop f a r \I. This Resolution prepared by Nancy Eckert, City Clerk, 715 Mulberry Street, Waterloo, Iowa. RESOLUTION NO. 2008-266 RESOLUTION GRANTING VARIANCE TO THE REQUIREMENTS OF THE SUBDIVISION ORDINANCE IN SECTION 2 . 3 (1) FINAL PLAT SUBMITTAL, FOR PRELIMINARY AND FINAL PLAT OF GREENBELT CENTRE NO. 2 . NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the variance to the requirements of the Subdivision Ordinance in Section 2 . 3 (1) Final Plat Submittal, for Preliminary and Final Plat of Greenbelt Centre No. 2, be and the same is hereby approved. PASSED AND ADOPTED this 7th day April,of A ril 2008 . Tim Hurley, May ATTEST: Nancy Ecke CMC City Clerk /-k 1y CITY OF WATERLOO , IOWA T�rQ WATERLOO PLANNING, PROGRAMMING & ZONING COMMISSION 715 Mulberry St. • Waterloo, IA 50703 • (319) 291-4366 Fax (319) 291-4262 er/00 '0 DONALD J.TEMEYER • Community Planning&Development Director April 2, 2008 'latR, Honorable Tim Hurley, Mayor TIMOTHY J. City Council Members HURLEY City Hall, Waterloo,Iowa RE: Preliminary and Final Plat of Greenbelt Centre No.2 COUNCIL MEMBERS Dear Mayor and Council: Transmitted herewith is the request by VJ Engineering on behalf of Deer Creek Development LLC for REGINALD A the Preliminary and Final Plat of Greenbelt Centre No. 2, located west of Highway 63 along Cyclone SCHMITT Ward I Drive for the development of a 2-lot commercial subdivision. Please find attached the following documents: CAROLYN COLE ° Staff report Ward 2 ° Aerial photograph of the area HAROLD ° Preliminary and Final Plats GETTY ° Deed of Dedication Ward 3 At the April 1,2008 regular meeting,the Planning and Zoning Commission unanimously QUENTIN N1. recommended approval of the Preliminary and Final Plat. HART Ward 4 The plat consists of 2 lots containing 4.6 acres to be developed into. Within the past year,portions of RON Cyclone Drive have been paved and extended to the west from Highway 63, as well as portions of Titan WELLER Trail, which runs parallel to the west lot lines of both lots. As further development occurs within the business park, Cyclone Drive will be extended to the west. Engineering has noted that the deed of dedication needed to be revised to ensure that the sidewalk along both sides of Cyclone Drive is extended and BOB connected to the recreational trail alongHighway 63. The plat is in accordance with the Subdivision GREENWOODGRE g y At-LaNe Ordinance and can be serviced by extensions of existing utilities, and would appear to provide for the orderly development of land that is compatible to surrounding developments. STEVE SCHMITT Therefore,we would ask that the City Council adopt a resolution approving a variance to the requirements of the Subdivision Ordinance in Section 2.3 (1) Final Plat Submittal, and approve the Preliminary and Final Plat of Greenbelt Centre No. 2. Should you have any questions, please do not hesitate to contact our office. Sincerely, Aric A. Schroeder, City Planner Attachments cc: Noel Anderson,Director of Planning&Development File CITY WEBSITE: www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer April, 1,2008 63 REQUEST: REQUEST FOR THE PRELIMINARY AND FINAL PLAT OF GREENBELT CENTRE NO. 2 APPLICANT(S): VJ Engineering on the behalf of Deer Creek Development LLC, 1501 Technology Parkway, Cedar Falls, 50613. GENERAL The request is for the Preliminary and Final plats of Greenbelt DESCRIPTION: Centre No.2, for the development of one new business building, and one commercial development lot. SURROUNDING The request would not appear to have a negative impact on LAND USES AND the surrounding area, and the plat would promote additional IMPACT ON development in the area that will be consistent to already NEIGHBORHOOD: existing light-industrial development on the east side of Highway 63. North —2015 West Ridgeway Avenue, United Building Centers, zoned "M-2,P" Planned Industrial District. South —Vacant development ground zoned "B-P" Business Park East— Highway 63 and existing light industrial development along Marnie Avenue zoned "M-1" Light Industrial District West—Vacant development ground zoned "B-P" Business Park. VEHICULAR & The plat will have frontage on Cyclone Drive and Titan Trail, PEDESTRIAN which are classified as Local Streets. The plat will also have TRAFFIC access to Highway 63 just to the east of the plat, and is CONDITIONS: classified as a Principal Arterial. Currently, there are no pedestrian sidewalks serving the site. However, it is written in the deed of dedication that sidewalk will be extended along the frontages of both lots in the subdivision, except the sides of the lots that abut the Highway 63 right-of-way. RELATIONSHIP TO The plat will have access to the Sergeant Road Trail, directly RECREATIONAL to the east of the plat, running along the west side of the TRAIL PLAN: Highway 63 right-of-way. Engineering has noted that the owner of both lots would be responsible for extending sidewalk on both sides of Cyclone Drive, and connect that sidewalk in with the adjacent recreational trail. ZONING HISTORY The proposed plat and surrounding area to the north, south FOR SITE AND and west was rezoned from "M-2,P" Planned Industrial District IMMEDIATE VICINITY: to "B-P" Business Park by the Planning and Zoning Commission on February 5, 2008, with the City Council approving the request on March 3, 2008 to allow for the development of a business park with professional office, light- commercial and light-industrial uses. BUFFERS There appears to be no need for additional screening and REQUIRED/ NEEDED: buffering of the plat from surrounding land uses. Greenbelt Centre No.2 —4.1.08 64 DRAINAGE: The proposed plat is relatively flat with elevations ranging from 860' to 862', with the storm water runoff channeling into the ditch running parallel to Highway 63. DEVELOPMENT The surrounding area has seen an interest from potential HISTORY: developers within the last year. Mauer Eye Center is currently constructing a new 25,000 SF office building at the southwest corner of Cyclone Drive and Gold's Gym plans a new facility directly to the south of the new eye center building. Denso International also completed a new building along West Ridgeway Avenue in 2005, and Fahr Beverage is currently going through an expansion project at the corner of Highway 63 and West Ridgeway Avenue. There have also been other potential new construction projects noted for the area in question as well. FLOODPLAIN: Portions of the plat are located within the Zone-B, 500-year floodplain according to the Federal Insurance Administration's Flood Insurance Rate Map No. 190025 0015. PUBLIC /OPEN The Katoski Greenbelt is located directly to the east of the SPACES/SCHOOLS: proposed plat, as well as Black Hawk Creek. There are no immediate schools located in the near vicinity of the plat. UTILITIES: WATER, SANITARY SEWER, The proposed plat will be served by the extensions of existing STORM SEWER, ETC. water, gas, electric, sanitary sewer, and storm sewer in the area. RELATIONSHIP TO The proposed plat is in conformance with the Future Land Use COMPREHENSIVE Map for this area, which designates it as Industrial, which LAND USE PLAN: allows for professional offices, commercial and compatible light industrial development. STAFF ANALYSIS — The Preliminary and Final Plat consists of 2 lots, containing ZONING 4.6 acres of land, which is located primarily near the ORDINANCE: intersection of Highway 63 and Cyclone Drive, in between West Ridgeway Avenue and Highway 20. Within the past year, portions of Cyclone Drive have been paved and extended to the west from Highway 63, as well as portions of Titan Trail, which runs parallel to the west lot lines of both lots. At this time, no official public right-of-way has been dedicated for the recently completed streets, and public right-of-way will be dedicated as a part of these plat requests. The current road widths for both streets are 31', with a proposed 60' right- of-way to be dedicated. As further development occurs within the business park, Cyclone Drive will be extended to the west, connecting up with other portions of Cyclone Drive that will serve the Mauer Eye Center. There are also plans in the future to extend Titan Trail south from West Ridgeway Avenue, and connect it to the existing Titan Trail within the proposed Greenbelt Centre No.2 —4.1.08 65 subdivision. Sanitary sewer is shown on the Preliminary Plat within Titan Trail, which will serve both lots, as well as water on the south, east and west sides of Lot 1. Water is also located on the east side of Lot 2, running parallel to Highway 63. 15' utility easements are shown along the frontages of all lots within the subdivision. Storm water intakes are shown near the intersection of Cyclone Drive and Titan Trail, as well as two additional intakes along Titan Trail near the north end of the plat. There are two hydrant locations shown on the Preliminary Plat, with on the north side of Cyclone Drive, approximately half way between Highway 63 and Titan Trail, and the other shown on the east side of Titan Trail, approximately at the half way point of Lot 1. STAFF ANALYSIS — The Subdivision Ordinance requires that Preliminary and Final SUBDIVISION Plat submissions include such criteria such as boundaries of ORDINANCE: property, proposed streets, easements, and widths of right-of- way, contours, and utility locations, all of which are provided on both the Preliminary and Final Plats. STAFF Therefore, staff recommends that the Preliminary and Final RECOMMENDATION: Plats of Greenbelt Centre No. 2 be approved for the following reasons: 1. The plat is in accordance with the Subdivision Ordinance, and can be served by the extension of existing utilities. 2. The plat is in accordance with the Comprehensive Plan and Future Land Use Map, which classify this area as Industrial, which allows for professional offices, commercial and compatible light industrial. 3. The plat will create an additional infill development site in the Primary Growth Area. And subject to: 1. The owners of Lot 1 and Lot 2 extending sidewalk from the east property line along either side of Cyclone Drive once development upon either lot occurs, connecting into the Sergeant Road Recreational Trail Greenbelt Centre No.2 —4.1.08 Deer Creek Develo ment LLC R �' p equest for Preliminary and Final Plat of Greenbelt Centre Plat No. 2 . e W Ridgeway Ave ! , rAthens Dr 4 o . > a Area Proposed to be Platted 411V• Cycti t No i. *4140 I.Fotrmer Greyhound Park Q) sc J. 41 Q 40, I J I I 500 250 0 500 �. (...........04. Feet • 67 PRELIMINARY PLAT GREENBELT CENTRE PLAT NO. 2 North Oa.L WATERLOO, IOWA 613.End 3'nibsr NE la.fide-13. 6d Iron US.P13.la. Pert Used Plug. Cwaficale SE Cot.314913 Fan Lead Ph r. ��` /� u. .1--� 1 _ N89't°'32 2.43 .... II `leg'SI'C84 Kee134eaa 1 ... -- \I--- Ia.aN LOCATION MAP PLdDamm_� , __ ' Deer Gaak wet q S tl -__ I _..--- No.2.End pn I W RIDGEWAY AYE a•yeb,vaap $ (m RLS 48033� 8 g PROJECT LOCATION--) South RO.W.4ne ling.,00e \ 58T59'13'N 594 la L of. Frp R1.3.8pin bw �S iseowwEE wan //Y/ cep RLSi81p5 *I '1 /�� I .,..,.• a ///// /7/ Ertl pin eY/ Si �I'%? ! Lot 1 / yellow cap LS j$ // AlM 6 63 D..2Ge"PW �/i a� Do.2 ;'Y/. Doc.A2006025382 TacIAI SKWIEW LC / 3 BOB DEARBORN AV 1 / 04e peek Pbl WATERLOO,M 5070I/ / Nd2 ZONING_ / CITY OF WATERLOO I//(/ ;27 5MIARRY ST �. / vi WATERLOO.M 50703 3I �/ / Essing biding �,_ Sja ZONING:Mi2P �/ /� EE i.N�R61E l 3 � ( B // / AS 'I //l PLd6g. I UWE 13T I I r' / l LEGAL DESCRIPTION: "8 + M0• 'End be wM a �iAT 741os�P nos A part m the NE Fr.hco.1,Seaton 6.Township 88 No.,Range 13'Wer NOTES: µ of the 5M P M..'Watelop.Bieck Nawk County,Iowa.denoted as knows A{ 1.ALL DIMENSIONS ARE IN FEET AND DECIMALS THEREOF 4 A Commencing m the Nmihmsl corner d card NE Frechalel tern 2.THE ERROR OF CLOSURE IS BETTER THAN 1 IN 10.000. I UNITED BULGING CENTERS S00.4'25'E ekntg the East line d sac/NE Erato.;a die.ce of 80.00 3 BEARINGS ARE BASED GRID NORTH,IOWA STATE PLANE I 2015 WEST RIA 50701 EN bile Booth r21.-08 8Y OfT d Riagasey Acme iecadedu COORDINATE SYSTEM.NORTH ZONE,NAD 83 B60 WATERLOO.IA 50701 500.1432E 60.W feel n Deer Creek wet No.21 thence SST'Sg13'W along 4 CURRENT ZONING.M�2.P .S' ZONING:AH1.P said South rightdwey tine 59474 Ret to Me No leaµ pone o Lot One 5.EXISTING CONSTRUCTION FEATURES REFLECT CONDITIONS Gear Geek PleI No.2 inemrded as 588'35't8W 504 Al feel;tlhNhM PRIOR TO OF TITAN DEVELOPMENT AND CYCLONE DRIVE ' 96 ,$N SO1.58'S3'E along the East Tine of sate Lot One 364.73 Net Oavded as e.OWNE0.OEVELOPER.DEER CREEK L L C SOf•2a'09'E 364 e410411 thence S+s'1Z06W along/he Fall NremMgLA (, y I I 1 One 4B934 Ice b the Southeast comer of card Lm One ono poked / 860 beginning ire...ae S35'46'3]'n'489 34 Nen.said pent also being the DEER CREEL DEVELOPMENT L L C / / Southwast turner of a:ran of la.deamped Yt doaanem Ir 2000U18T94 n 643 GRIFFITH RD 4, Ina df d to Black Haut.County recorcer thence SX'49'044 along the WATERLOO,IA 50701 • / B62 /$WTerly Ike d sad bast 200.2,feel to the NaNae&My dol..,ee ZONING:M.2,P /of the fmer Ckcago 6 Nha siern Transpooetlon Co ps,thence // S36'OT53W along cab rigild.,ey 653 33 Net Uherce N.548468418 FM Pin wIN `% 30T.73 feet trance N35't306.E 879.313 lee,thence 74.77 be Northerly y/ yellow cap A/ . ebog a 120 loot adios curve catare Weebty with a blg chord hearing i / tl8105 N17'2008'E 73.56/act.thence NO0'28'S0W 67 45 feo to the Southxesl / 3 Caner d Deer Creek Plat No.2:Iherce N89'31'13'E 8393 bed along M / F.Pk rdec Swlh Line of L\.a Creek Pat No 1 b lie point d beginning olrt.,6 tit • yellow cap RID saes.su4ecl b easements and rrtttiaed rtoa'd. e / a8145 Y' / /'/ / FEATURE LEGEND CURVE TABLE / CURVE LENGTH RADIUS DELTA CHORD BEARING CHORD / /3 // 0 PROPERTY CORNER SET CT 74.77 120.00 35'41'56' N1T22'08"E 73.56 A // /// • PROPERTY CORNER FOUND C2 112.15 tBQOp 35•41'56" N1722.08.E 110.35 A SECTION CORNER FOUND C3 31.42 20.00 90'00'00` S09'46'54'E 28.28 // //100.00 DIMENSION OF RECOR C4 J1.42 20.00 91y00'Op• 5ep•13'061Y 28.28 S // // / (100.00) DIMENSION OF RECORD -G- EXISTING GAS y}A�yd -ST- EXISTING STORM SEWER J / /3 / -SAN- EXISTING SANITARY SEWER '/ / /� / - T - EXISTING TELEPHONE ,o fRr 3 / / -FO- EXISTING FIRER G // / / //� E - EXISTING ELECTRIC h9 9 9 / .y'f' / GOWNED / -W- EXISTING WATER `� �9 /` -//- EXISTING FENCE � ,A/ / 715 MULBERRY ST -GNU- EXISTING OVERHEAD UTLITIES � $' WATERLOO,IA SOJt3 LT EXISTING LIGHT POLE NORTH 4 S` // Ail / O EXISTING UTILITY POLE / /6 L0T7 of /9 // / / m EXISTING ELECTRICAL BOX / /32783 sq.ft m // / 0 EXISTING MANHOLE _... / 9.068 acres �,t. // / y EXISTING FIRE HYDRANT __..... X EXISTING WATER VALVE .3Y' (/ N EXISTING GAS VALVE rimers nRciT MCT A t S3 \ // // A''. / / m EXISTING TELEPHONE PED. 4 -.__,___... eq.R \ %/ /// / / ® EXISTING TREE 0 30 60 t20 1412 tau ♦s \4e / // / / -000- EXISTING CONTOURS IAlp q., /�. / IP <e, nIa woo O*.oral On ins.now,inn an e...a M I u ♦ \,y\�`ft //. /// // / / o_......._s�^ of .�u«aa""`°"°°`s`r,�°°.,a.'"Iuna.t�a..a o�.scar. /'� p, ♦ '�i\ �/ , // / / ft. WENDELL J. L'�PKES.L.S. oalE ,g / / 9# Lupkes *�lice,...<.w.�eer,zoae S..fN E,C]\ / ° �ja�/ / / // " in��m eF Pogee ea.eee mend ow�Jl.2006 / AT/a W� pOYq, p \ / I/ 4 3' / / / • ,,..N. /8 / / / // , .6/#., DEER CREEK DEVELOPMENT LL C /e L0T2 4. r{o 41111r/ 6a3 GRIFFON RD / 67983 sq.R - P / / / WATERLOO.IA 50701 1.561 acte6 / rt"' (y/ / / :/ 40 / Q / �F 0U (syYy/aye; / 4, ¢0h •i / / ,4 COY OF WATERLOO 4 /§4 T 5MUL MULBERRY ST / / // / OP \ 4., s/i,;' WATERLOO.IA 50703 // J/ Q 6DEER CREEK 43 GRIFFON DVELOPMENT L L C 5i (�y� /// / // / �j WATERLOO.M50101 0" // // ,, ZONING.M-2.P F.,„.. °/ // /4 // / ]// IM11.QO.T. / Con PRELIMINARY PLAT �--' drown by 118- Erna aQ VJ Engineering _edy 3-Ie-08 1=60' W GREENBELT CENTRE PLAT NO. 2 , 1501 Technology Parkway reyle�ed by book WATERLOO, IOWA \�J/ JL Cedar Fails, Iowa - 319-266-5829 epprosed by WJL rethpm Betz 68 /- FINAL PLAT GREENBELT CENTRE PLAT NO. 2 North om0SPL WATERLOO, IOWA 64f&13 FM t'rebaf from U.5 P L.S.Ca NE Cor.6-88,3. COIRICOb. SE Ca.32d913. Fria Lead Plug. A �, - N8g'1a'324 2564 a2 Frld Lead Plug --- - __._ Ne6.54T16'E 8086 ulw..I _..- - -- - -��I, Mari LOCATION MAP °'°°��' NE Co.Lot f _ Deer Creed Plat p R_ No.2.Fnd pin iF w MOM.,44L rz�- w'rww wo PLS 48033� § 1$ ' PROJECT LOCATION-- ' South RAW.Me - YAve. SBT'S9'13w 591'7{ Y¢ f' aw soul $�,'re,' ' FM pm wtyably/NT-601.5853E 381IT j Cap RLS a 8105 �� / FM pin our 4 yabw cap RL9 a dP.°y Lai j9f. 18 6 63 Neg. p° F Dew Pr /4 No.2 Doc Q038025382 F ft 1 `}r Tred A • Dow Creek PY / No.2 KAw9L4 5 aI ii u I ///,Pld Reg. N89'3t't3E LEGAL DESCRIPTION: &lAD Pro'^^'"' Z 6o.0D 231r A8bww 1-an RLS Apan d ma NEFfadon*;,Secnm 6.Township DA Nan.Range 13 Wet 105 NOTES: - 2 p or Me 5111 P.M.Waterloo.Black Wet County,Iowa.deeRNAd=blow: I.ALL DIMENSIONS ARE IN FEET AND DECIMALS THEREOF. G y co Commencing a IM Noel..sl comer a sad NE FreCko,a ,YMna'a 2.THE ERROR OF CLOSURE IS BETTER THAN 1 IN 10000. I 3.BEARINGS ARE BASED GRID NORTH,IOWA STATE PLANE 500.4525•E along de East lie deed NE fraceenal j a dilaaeo180.O0 COORDINATE SYSTEM,NORTH ZONE,NAD 83 lea to the South nghwolwaY An of Ridgeway A4raeII,,aded a> 4.CURRENT ZONING:M.2.P 500.14.52.E 8000Bet n Deer Clan Rat No.2).Mance 58r5S13W along 5.OWNER'DEVELOPER--DEER CREEK DEVELOPMENT I G a, said Sant) lab 599.7d feet to the Northeast caner did I o, p Deer Creek a No.2Ireca004 as 588`35'I81W 594.811ratx Maas SOt'S65301' 'E abg the East Nre a utl Ld One 381731ee1 he...as I 521'08"E 364 gC loll.thence 535'I2'O6'W.k d along the Enst line said Lot , One ASP.few a Me Sou...corer of waist Lel One ere pool a beginning(recorded as 535.46'3rW 469.94 Nell.Ned poke atso bang Re / Southwest[Mae a a pad of brodescribedescribed in ex ee,ID 2W6018791e the office of the BNCA Hawk Cq.ty recon.r:thence 554.49541E Nang the Southerly line d sad Call 300 21 feet 1p the Mo nweary rgntciray lee mr of fie Im Chicago 8 Northwestern Trenbbon Company thence / 535`Or53w along lee lghlotway 853.33 leek ewe.N54.4654,E 307.73 Her thence N35.1386-E 879 SS lee:thence 74 T7Nel NORSeIy /// /along a 120 foot rack.curve conra.'Nabdy oval a long Nod Lafi g N17.2208'E 73 561eet.thence sowsrS0`W 67 45 Net to pre ScMbaFna Pal xiln Ga1e1d peer Cfaek Pbl No.2 stance NBT31'f3"E 83.ep Nor abrg ebFi:Ph:ieSseh L'ma d Dee Creek Plat No.2 to thea5 pose d begi ning adehng 6.HIx8t05 spa,surfed b easements and raklc5nb d mood / FEATURE LEGEND CURVE TABLE // / //' CURVE I LENGTH RADIUS DELTA CHORD BEARING CHORD O PROPERTY CORNER SET Cl i 79.77 120.00 35.41'56' N17'22.06.1 73.56 A�/ / // • PROPERTY CORNER FOUND C2 '12.15 180.00 35.41.561 NI7'22OECE 110.35 y/ / A SECTION CORNER FOUND C3 '31.42 20.00 • 100.00 DIMENSION OF SURVEY90.00.00^ 509.46.541E 28.28 / / C4 31.42 20.00 9a L7P -W 00'00^ S /3'O6 I 28.28 (100.00) DIMENSION OF RECORD ,p G- EXISTING GAS Y/ / ///' -ST- EXISTING STORM SEWER n�' / / / -SAN- EXISTING SANITARY SEWER4 Q3 T - EXISTING TELEPHONE / / // -FO- EXISTING FIBER b � R4 / / / E - EXISTING ELECTRIC /\F / -//- EXISTING FDNCE -OHU- EXISTING OVERHEAD UTILITIES W Ja7 ¢ // ' la EXISTING LIGHT POLE NORTH /5 LOT 1 /y / / O EXISTING IlI1L0Y POLE / 132763 Sq.ft / m EXISTING ELECTRICAL BOX 3.048 acres // / O EXISTING MANHOLE / / 4 EXISTING FIRE HYDRANTykj /// / / EXISTING WATER VALVE FUME MEET RACTA Sea 14 EXISTING CAS VALVE m EXISTING TELEPHONE PED. --4 _ 05429 w'A N. // / / ® EXISTING TREE T N ////// / -000- EXISTING CONTOURS 0 30 6A 120 \48•1•q / CA f hereby p. a.,Imo Nor 4>anw.. ' N PeGOr a S.a. / \ '>4,,O,fr N / y £.W`n J. S WENDELL J. LUPKES, L.S. W E / 0 -EF O N / `j /^// 3<; / / / // tic /arw romeer renewer taee "Z\ v4 E�ir/ r/ / / / / %,,,,fg/g„, Poe.or eves covered ey I.feet ¢ / P / / 1.561 acres / / 0e'�O� (// / / • `,� // e�P / Jed y 8 �2' // 0-7/7 , / eja sty. �f/Yi/b // // q a. // // // / Fro Rn with ,// // ,// ,// auto 1.0.0.T. o. o�D FINAL PLAT �.-^- drawn by date scale VJ Engineering �f d 3-18-08 l's60 LA GREENBELT CENTRE PLAT NO. 2 ��,� 1501 Technology Parkway rev ewe by bagl, 'P WATERLOO, IOWA ✓ Cedar Falls, Iowa - 319-266-5829 approved by WJL MINIM dale 69 CITY OF WATERLOO PLANNING AND ZONING COMMISSION REQUEST FOR PLATTING (MINOR OR PRELIMINARY) 1. APPLICATION INFORMATION: a. Applicant's Name(please print): Deer CT cc� 17 cv e(cpvhe„t*- Address: tp H 3 t,r;4;.i,.," Rd. Phone: 3 t q Z c,4_ yod i City: (kia{.eA State: Sc:.c.c, Zip: 5070 b. Status of Applicant: (a)Owner X (b)Other (CHECK ONE): If other explain: c. Property Owner's Name if different than above(please print): Address: Phone: City: State: Zip: 2. PROPERTY INFORMATION: a. General Location of Property: Lk). 042 N Loy (v3 ad- Cy e(ovvt Dr „e, b. Area of Proposed Plat: 4, „ / /a c rr s c. Zoning District(s): ifv1 -Z p - Piur,r.ed L.�int �r.dus'�vJ4( 3. OTHER DOCUMENTATION: a. Preliminary Deed of Dedication b. Overall Street Plan(if applicable) c. Six(6)copies of the Preliminary Plat which are in conformance with Section 5.1 of the Subdivision Ordinance No.2997 d. Four(4)copies of Preliminary Deed of Dedication 4. IMPROVEMENTS a. Are you requesting participation by the City in any improvements? Yes No b. If yes specify why and for what for? c. Costs(estimated): Total Cost City Share Storm Sewer $ $ Sanitary Sewer $ $ Paving $ $ TOTAL $ $ The Request Fee of $100 + $10 per lot (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 request to be approved. Any major change in any of the information given will require that the request go back through the process, with a new Request Fee. 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 70 CITY OF WATERLOO PLANNING AND ZONING COMMISSION REQUEST FOR PLATTING (FINAL) 1.APPLICATION INFORMATION: a. Applicant's Name(please print): bees- Cx.e� D e ve,(epv"ew4t L L C Address: (,�3 Gri c'-L Phone: 3f4 Zt�4- 40E31 City: L)a State: r. tea Zip: S07O l b. Status of Applicant:(a)Owner 'C (b)Other (CHECK ONE):If other explain: c. Property Owner's Name if different than above(please print): Address: Phone: City: State: Zip: 2.PROPERTY INFORMATION: a. Name of Plat: Gceth1oz.14 C.zv kvv ?(a+ Klo. b. General Location of Property: N wy (93 L C7 c(o+-ne by. c. Area of Proposed Plat: £ 1 A eves d. Area of Proposed Plat to be dedicated/conveyed to the City: 1 ,5 U Ac✓e5 4e. Value of area to be dedicated/conveyed to the City: f. Zoning District(s): M - Z , P— P l o n r e d I. 514+- dA 3.OTHER DOCUMENTATION: a. Date of Preliminary Plat Approval: P&Z City Council b. Six(6)copies of the Final Plat which are in conformance with Section 11-3-3 of the Subdivision Ord. c. Four(4)copies of Deed of Dedication(2 must be original signatures) d. Four(4)copies of all Petition and Waiver forms(2 must be original signatures) e. Four(4)copies of Certificate of Survey(2 must be original signatures) 4.PUBLIC IMPROVEMENTS a. Are you requesting participation by the City in any improvements? Yes No b. If yes specify why and for what for? c. Costs: _Estimate_Actual Total Cost Requested City Share Storm Sewer $ $ Sanitary Sewer $ $ Paving $ $ Land Dedicated $ $ TOTAL $ $ The Request Fee of$100 + $10 per lot (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 request to be approved. Any major change in any of the information given will require that the request go back through the process, with a new Request Fee. 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 • Prepared by Wendell J. Lupkes,L.S.,VJ Engineering, 1501 Technology Parkway, Cedar Falls,Iowa 50613 DEED OF DEDICATION OF GREENBELT CENTRE PLAT NO. 2, IN THE CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA KNOW ALL MEN BY THESE PRESENTS: That Deer Creek Development, L.L.C., an Iowa limited liability company, with its principal office in Waterloo, Iowa, being desirous of setting out and platting into lots and streets the land described in the attached Certificate of Survey by Wendell J. Lupkes, a licensed land surveyor, dated the day of , 2008, do by these presents designate and set apart p the aforesaid premises as a subdivision of the City of Waterloo, Iowa, the same to be known as: GREENBELT CENTRE PLAT NO.2, IN THE CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA, all of which is with the free consent and the desire of the undersigned and the undersigned do hereby designate and set apart for public use the streets and avenues as shown upon the attached plat. EASEMENTS The undersigned do hereby grant and convey to the City of Waterloo, its successors and assigns, and to any private corporation, firm or person furnishing utilities for the transmission and/or distribution of water, sanitary sewer, storm sewer, drain tile, surface drainage, gas, electricity, communication service or cable television, perpetual easements for the erection, laying, building, and maintenance of said services over, across, on and/or under the property as shown on the attached plat. RESTRICTIONS Be it also known that the undersigned do hereby covenant and agree for themselves and their successors and assigns that each and all of the lots in said subdivision be and the same are hereby made subject to the following restrictions upon their use and occupancy as fully and effectively to all intents and purposes as if the same were contained and set forth in each deed of conveyance or mortgage that the undersigned or their successors in interest may hereinafter make for any of said lots and that such restrictions shall run with the land and with each individual lot thereof for the length of time and in all particulars hereinafter stated, to-wit: 1. A site plan shall be prepared in accordance with Part B of the "M-2, P" Planned Industrial District provisions of the City of Waterloo, Iowa, Zoning Ordinance No. 2479, as amended and updated. 2. The following uses shall not be permitted in this subdivision: A. Slaughter house or stock yards. B. Manufacturing or wholesale stage of acids. C. Cement, lime gypsum, or plaster of paris manufacture. D. Distillation of bones. E. Explosive manufacture or storage. F. Fat rendering. G. Fertilizer manufacture. H. Garbage, refuse or dead animal reduction or dumping. I. Gas manufacturing and cylinder recharging. J. Glue, size or gelatin manufacturing. K. Refining or wholesale storage of petroleum or petroleum products. L. Manufacturing of rubber goods. M. Sand or gravel pits. N. Smelting of tin, copper, zinc, or iron ores. O. Transmitting stations. P. Waste paper yard. Q. Wholesale storage of gasoline. 3. At such time as any structure is or has previously been constructed on any lot, combination of lots, or portion of lots, in said subdivision, a concrete sidewalk will be constructed along all street frontage(s) as follows: A. The side of Lot No. 1 and Lot No. 2 adjacent to Titan Trail and the side of Lot No. 1 and Lot No. 2 adjacent to Cyclone Drive (Tract A). B. The sidewalk(s) on Lot No. 1 and Lot No. 2 adjacent to Cyclone Drive shall be extended by the respective lot owner(s) Southeasterly to connect with the Sergeant Road Recreational Trail. 4. There shall be no direct access to US Highway 63 from Lot No. 1 or Lot No 2. Access for Lots 1 and 2 shall be to Cyclone Drive and Titan Trail. 5. The undersigned and all persons and corporations hereafter acquiring any right, title or interest in any of the lots in said subdivision shall be taken and held to have agreed and covenanted with the owners of all other lots in this subdivision and with the respective successors and assigns of all of the rest of such other lots to conform to and observe all of the foregoing covenants, restrictions and stipulations as to the construction of building thereon for a period of twenty-one (2 1) years from the date of filing of said plat and this deed of dedication for record. Within the period of twenty-one (2 I) years and in accordance with Iowa Code Chapter 614.24 and 614.25 (2005 Code of Iowa) or their successor provisions, these covenants, restrictions and stipulations shall be automatically extended for an additional period of twenty-one (21) years upon compliance with Chapter 614.24 and Chapter 614.25 of the 2005 Code of Iowa. In the event an extension of the covenants, restrictions and stipulations is not filed within the period of twenty-one (2 I) years or successive 21-year period, then the covenants, restrictions and stipulations contained herein shall terminate at the end of the existing period of twenty-one(21) years. SIGNED and DATED this day of 2008. DEER CREEK DEVELOPMENT, L.L.C. By: Harold L. Youngblut, Manager Prepared by Wendell J.Lupkes,L.S.,VJ Engineering, 1501 Technology Parkway,Cedar Falls,Iowa 50613 SURVEYOR'S CERTIFICATE GREENBELT CENTRE PLAT NO. 2 WATERLOO, IOWA I certify that during the month of March, 2008, at the direction of Deer Creek Development Corp., a survey was made, under my supervision, of the tract of land to be known as "Greenbelt Centre Plat No. 2, Waterloo, Iowa", as shown on the attached plat, and the boundary of which is more particularly described as follows: A part of the NE Fractional '/, Section 6, Township 88 North, Range 13 West of the 5th P.M., Waterloo, Black Hawk County, Iowa, described as follows: Commencing at the Northeast corner of said NE Fractional 'A,thence S00°45'25"E along the East line of said NE Fractional '/4 a distance of 80.00 feet to the South right-of-way line of Ridgeway Avenue (recorded as SOO°14'52"E 80.00 feet in Deer Creek Plat No. 2);thence S87°59'13"W along said South right-of-way line 594.74 feet to the Northeast corner of Lot One Deer Creek Plat No. 2 (recorded as S88°35'18"W 594.81 feet);thence S01°58'53"E along the East line of said Lot One 364.73 feet(recorded as S01°24'08"E 364.84 feet);thence S35°12'06"W along the East line of said Lot One 489.84 feet to the Southeast corner of said Lot One and point of beginning(recorded as S35°46'37"W 489.94 feet), said point also being the Southwest corner of a tract of land described in document#2006018794 in the office of the Black Hawk County recorder;thence S54°49'04"E along the Southerly line of said tract 300.21 feet to the Northwesterly right-of-way line of the former Chicago&Northwestern Transportation Company; thence S35°07'53"W along said right-of-way 888.33 feet;thence N54°46'54"W 307.79 feet;thence N35°13'06"E 714.38 feet;thence 74.77 feet Northerly along a 120 foot radius curve concave Westerly with a long chord bearing N17°22'08"E 73.56 feet;thence NOO°28'50"W 67.45 feet to the Southwest Corner of Deer Creek Plat No.2;thence N89°3 l'13"E 83.90 feet along the South Line of Deer Creek Plat No. 2 to the point of beginning containing 6.358 acres, subject to easements and restrictions of record. I further certify that the Plat as shown is a correct representation of the survey and all corners will be marked as indicated. Wendell J. Lupkes IA Lic. No. 12088 Date Subscribed and sworn before me this day of 20 Notary Public, in and for the State of Iowa • 73 Preliminary and Final Plat of Greenbelt Centre No. 2 $r } Standing along Highway 63 looking west Standing at the intersection of Highway 63 along recently constructed Cyclone Drive. and Cyclone Drive looking northwesterly The lots to be developed are on either side at one of the lots to be developed. of Cyclone Drive. Standing at the intersection of Highway 63 Standing along Highway 63 looking at and Cyclone Drive looking southwesterly commercial and industrial development at one of the lots to be developed. on the east side of the highway. • / `' r\ CITY OF WATERLOO , IOWA 41 Lk G T1 WATERLOO ENGINEERING DEPARTMENT �"`"^-^^�OS�m 715 Mulberry St. • Waterloo, IA 50703 • (319) 291-4312 Fax (319) 291-4262 terfoo ERIC THORSON,P.E. • City Engineer email:city.engineer@waterloo-ia.org Mayo/ TIMOTHY J. April 3, 2008 HURLEY COUNCIL 9131 MEMBERS 9641 Aric Schroeder, City Planner REGINALD A. Planning, Programming & Zoning Commission SCHMITT Waterloo City Hall WarI Waterloo, IA 50703 CAROLYN COLE RE: PRELIMINARY PLAT Ward 2 GREENBELT CENTRE PLAT NO. 2 HAROLD GETTY Dear Aric: Ward 3 QIJENTINM. This preliminary plat has been reviewed, and it has been determined that it HART meets the requirements of the applicable portions of Section 3, 4 and 5 of Ward 4 Ordinance 2997, Subdivision Ordinance. RON It is recommended that this preliminaryplat be WELPER approved. Wart 5 Sincerely, BOB GREENWOOD At-Large STEVE SCHMITT Dennis J. Gentz, P.E. At Large Assistant City Engineer CITY WEBSITE: www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer • A"IrilR, CITY OF WATERLOO IOWA -� WATERLOO ENGINEERING DEPARTMENT S��D 715 Mulberry St. • Waterloo, IA 50703 • (319) 291-4312 Fax (319) 291-4262 er100 ‘13ERIC THORSON,P.E. • City Engineer email:city.engineer@waterloo-ia.org Ma,/or April 3, 2008 TIMOTHY J. HURLEY 9131 9641 COUNCIL MEMBERS Aric Schroeder, City Planner Planning, Programming & Zoning Commission REGINALD A. Waterloo City Hall SCHMITT Waterloo, IA 50703 Ward 1 CAROLYN COLE RE: FINAL PLAT Ward 2 GREENBELT CENTRE PLAT NO. 4 HAROLD GETTY Dear Aric: Ward 3 QUENTIN This final plat has been reviewed, and it has been determined that it meets the HART requirements of the applicable portions of Section 3, 4 and 5 of Ordinance 2997, Ward 4 Subdivision Ordinance. RON WELPER It is recommended that this final plat be approved. Ward 5 Sincerely,; J BOB GREENWOOD At-Large STEVE Dennis J. Gentz, P.E. SCHMITT Assistant City Engineer At-Large CITY WEBSITE: www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! 1 An Equal Opportunity/Affirmative Action Employer :) (.. 8' CITY OF WATERLOO, IOWA COUNCIL RECORD 22 . %it) that communicatipn / from Senior Planner transmitting request for a variance to the requirements of the Subdivision Ordinance in Section 2.3 (1) Final Plat Submittal for Preliminary and Final Plat of Greenbelt Centre No. 2, be..ceived, placed on file and "Resolution approving said variance" , be adopted. Ayes: / Resolution adopted and upon approval by Mayor assigned No. 2008- p� G . AYES NAYS ABSENT ABSTAIN MS. COLE Y/ MR. GETTY G� MR. HART (� MR. GREENWOOD MR. STEVE SCHMITT MR. WELPER 1/f MR. REGGIE SCHMITT �� C 0 hi PJ X 'C.011- to w MIPd n x$ n (D • (D ri Ili 0 (D CD Q �`� tzi G�1 0 ro t=i ;d CO d 0 ' ti HI (D to H 1 to n o CD r• ri cD rr -► I L.J. r 0 H t' 0 4* O a' a (MD C "� n 0 0 F H FH-+ n ✓ a CD n CDP. W . rr i `at - 0 H H '� W rr M �. ► a r H 0 D O o \ H Z H s 1 O (,-).,"/ "- o r e ► rr r f .. s _� a ctc% ...., 0 M O r' r. 7' b Cr:. . _ cD a This Resolution prepared by Nancy Eckert, City Clerk, 715 Mulberry Street, Waterloo, Iowa. RESOLUTION NO. 2008-267 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, APPROVING THE PRELIMINARY PLAT AND NECESSARY DOCUMENTS OF GREENBELT CENTRE NO. 2 IN THE CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA. WHEREAS, on this 7th day of April, 2008, at a regular meeting of the City Council of the City of Waterloo, Iowa, the Preliminary Plat of Greenbelt Centre No. 2, Waterloo, Black Hawk County, Iowa, was presented for approval, and WHEREAS, said Preliminary Plat has been previously submitted to and has been approved by the Waterloo City Planning, Programming and Zoning Commission, and WHEREAS, said Preliminary Plat has been considered and should receive approval of this Council . NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Preliminary Plat of Greenbelt Centre No. 2, Waterloo, Black Hawk County, Iowa, be and it is hereby approved and the Mayor and City Clerk of the City of Waterloo, Iowa, are hereby authorized and directed to certify and affix their signatures to said resolution. PASSED AND ADOPTED this 7th day of April, 2008 . Tim Hurley, May r ATTEST: CaeLA Nancy Eck t, 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. 2008-267, as passed and adopted by the Council of the City of Waterloo, Iowa, on the 7th day of April, 2008 . Witness my hand and seal of office this 9th day of April, 2008 . SEAL Nancy Ec t, CMC City Cle j_� "L CITY WATERLOO , IOWA �,�,� �,�,�jelk WATERLOO PLANNING, PROGRAMMING & ZONING COMMISSION _.yJ� 715 Mulberry St. • Waterloo, IA 50703 • (319) 291-4366 Fax (319) 291-4262 ��orto �1 DONALD J.TEMEYER • Community Planning&Development Director April 2, 2008 ay,, Honorable Tim Hurley, Mayor TIMOTHY J. City Council Members HURLEY City Hall, Waterloo, Iowa RE: Preliminary and Final Plat of Greenbelt Centre No.2 COUNCIL MEMBERS Dear Mayor and Council: Transmitted herewith is the request by VJ Engineering on behalf of Deer Creek Development LLC for REGINALD A.the Preliminary and Final Plat of Greenbelt Centre No. 2, located west of Highway 63 along Cyclone SCHMITT Ward 1 Drive for the development of a 2-lot commercial subdivision. Please find attached the following documents: CAROLYN COLE ° Staff report Ward 2 ° Aerial photograph of the area HAROLD ° Preliminary and Final Plats GETTY ° Deed of Dedication I'Vard At the April 1,2008 regular meeting,the Planning and Zoning Commission unanimously QUENTI\M. recommended approval of the Preliminary and Final Plat. HART Wool 4 The plat consists of 2 lots containing 4.6 acres to be developed into. Within the past year, portions of RON Cyclone Drive have been paved and extended to the west from Highway 63, as well as portions of Titan WEEPER Trail,which runs parallel to the west lot lines of both lots. As further development occurs within the Ward 5 business park, Cyclone Drive will be extended to the west. Engineering has noted that the deed of dedication needed to be revised to ensure that the sidewalk along both sides of Cyclone Drive is extended and BOB connected to the recreational trail alongHighway 63. The plat is in accordance with the Subdivision GREENWOOD gwa y At-Large Ordinance and can be serviced by extensions of existing utilities, and would appear to provide for the orderly development of land that is compatible to surrounding developments. STEVE SCHMITT Therefore,we would ask that the City Council adopt a resolution approving a variance to the At-Largc requirements of the Subdivision Ordinance in Section 2.3 (1) Final Plat Submittal,and approve the Preliminary and Final Plat of Greenbelt Centre No. 2. Should you have any questions,please do not hesitate to contact our office. Sincerely, (4/4\-j Aric A. Schroeder, City Planner Attachments cc: Noel Anderson,Director of Planning&Development File CITY WEBSITE: www_ci_waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer CITY OF WATERLOO, IOWA COUNCIL RECORD 23 . that communicatign from City Planner transmitting Preliminary Plat of Greenbelt Centre No. 2, together with staff report, aerial photo, preliminary plat and deed of dedication, be receive placed on file and "Resolution approving said preliminary plat" , be adopted. Ayes: Resolution adopted and upon approval by Mayor assigned No. 2008- ,X7 . AYES NAYS ABSENT ABSTAIN MS. COLE MR. GETTY MR. HART MR. GREENWOOD MR. STEVE SCHMITT MR. WELPER MR. REGGIE SCHMITT V This Resolution prepared by Nancy Eckert, City Clerk, 715 Mulberry Street, Waterloo, Iowa. RESOLUTION NO. 2008-268 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, APPROVING THE FINAL PLAT AND NECESSARY DOCUMENTS OF GREENBELT CENTRE NO. 2, ALL IN THE CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA. WHEREAS, on this 7th day of April, 2008, at a regular meeting of the City Council of the City of Waterloo, Iowa, the Final Plat of Greenbelt Centre No. 2, Waterloo, Black Hawk County, Iowa, was presented for approval, and WHEREAS, said Final Plat has been previously submitted to and has been approved by the Waterloo City Planning, Programming and Zoning Commission, and WHEREAS, said Final Plat has been considered and should receive approval of this Council . NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Final Plat of Greenbelt Centre No. 2, Waterloo, Black Hawk County, Iowa, be and it is hereby approved and the Mayor and City Clerk of the City of Waterloo, Iowa, are hereby authorized and directed to certify and affix their signatures to said resolution. PASSED AND ADOPTED this 7th day of April, 2008 . Tim Hurley, May r ATTEST: 67LLtiL Nancy Eck , 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. 2008-268, as passed and adopted by the Council of the City of Waterloo, Iowa, on the 7th day of April, 2008 . Witness my hand and seal of office this 9th day of April, 2008 . SEAL - - Nancy Eck , CMC City Cler CITY OF WATERLOO, IOWA COUNCIL RECORD 24 . that communicatiQn from City Planner transmitting Final Plat of Greenbelt Centre No. 2, together with staff report, aerial photo, final plat and deed of dedication, be ceived, placed on file and "Resolution approving said final plat" , be adopted. Ayes: Resolution adopted and upon approval by Mayor assigned No. 2008- G AYES/ NAYS ABSENT ABSTAIN MS. COLE MR. GETTY v , MR. HART MR. GREENWOOD MR. STEVE SCHMITT MR. WELPER 4 MR. REGGIE SCHMITT PI 021 ti 0 til 0 Z cn c.. xi Pt, n Do n ID II bd 0 (D C tzi a,1 0 b VI x G2 1-1 ' _ o H r 0 0 !D H. P II fD r1 L. ,* ° 0 ►-, 0, m rt 0 0 n H. ,I,, � , Hna n H w a 0 0W r , . H a 0 H � 0 N CTrb H O C�+ �� 1-3 ip z W 0 C 0 z H 0 w 21 Z Z 0 i' a rt ." N 0 a 0 M 1. • • Pa This Resolution prepared by Nancy Eckert, City Clerk, 715 Mulberry Street, Waterloo, Iowa. RESOLUTION NO. 2008-269 RESOLUTION APPROVING EASEMENT MODIFICATION AGREEMENT WITH DEERE & COMPANY AND THE CEDAR VALLEY TECH WORKS, INC. AND DIRECTING EXECUTION OF SAID AGREEMENT BY MAYOR. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Easement Modification Agreement dated April 7, 2008, to shorten the no build/utility easement No. 1 so the easement does not go over the new road construction in conjunction with the redevelopment of the former Deere & Company site, by and between Deere & Company, the Cedar Valley Tech Works, Inc. of Waterloo, Iowa, and the City of Waterloo, Iowa, be and the same is hereby approved, and the Mayor authorized to execute the same in behalf of the City of Waterloo, Iowa. PASSED AND ADOPTED this 7th day of April, 2008 . Tim Hurley, Ma r ATTEST: Nancy Eck , CMC City Cler 4% CITY OF WATERLOO , IOWA *Ste WATERLOO PLANNING, PROGRAMMING & ZONING COMMISSION Om 715 Mulberry St. • Waterloo, IA 50703 • (319) 291-4366 Fax (319) 291-4262 rl pp f@ DONALD J.TEMEYER • Community Planning&Development Director AIayo, �April 3, 2008 � avo8— alb TIMO I1-IY J. I-ILRLEY Honorable Tim Hurley, Mayor City Council Members City Hall COUNCIL Waterloo, Iowa MEMBERS Dear Mayor and Council: REGINALD A. SCHMITT As a part of the Cedar Valley Tech Works redevelopment of the former Deere Iti'ird 1 and Company site, a "no-build/utility easement No. 1." Was placed on a CAROLYN portion of the property. This was based on the need for future utilities, as well COLE as due to the splitting of property to meet applicable setbacks for building Ward 2 code requirements, etc. HAROLD GETTY A small portion of that easement is over an area where the new road Ward 3 construction will take place. To ensure there are no future title objections to a road being built in a "no-build" easement, the attached Easement Modification QA Agreement HART will shorten the easement to avoid the new road construction Ward 4 portion. The remaining easement will still serve its original purpose. RON Therefore, we would ask that the City Council adopt a resolution and WEEPER Ward 5 authorize the Mayor and City Clerk to sign and fully execute the attached Easement Modification Agreement. If you have any questions or need any BOB additional information regarding this matter, please contact our office. G REENWOO.) At-Large Sincerel. , STEVE SCHMITTT� �. ._I' At-Large Noel Anderson City Planner Attachment Cc: Donald J. Temeyer, Community Planning & Development Director CITY WEBSITE: www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Vacate April 21,2004 / 2 7L CITY OF WATERLOO, IOWA COUNCIL RECORD 25. that communication from Community Planning and Development Director transmitting Easement Modification Agreement with Deere & Company and the Cedar Valley Tech Works, Inc. to shorten the no build/utility easement No. 1 so the easement does not go over the new road construction in conjunction with the redevelopment of the former Deere & Company site, be received, placed on file and "Resolutin —/ approving said agreement" , be adopted and Mayor authorized to execute same. Ayes: Resolution adopted and upon approval by Mayor assigned No. 2008 . AYES NAYS ABSENT ABSTAIN MS. COLE MR. GETTY (/ MR. HART MR. GREENWOOD (� MR. STEVE SCHMITT • MR. WELPER 4/ '�MR. REGGIE SCHMITT m P• ID II PO c� M ,; ViL! ° b X/ ►d n �, ,. �, . b y � pIA-� n rt a► .Yoff ro F-4 m o Q . Ha m A H H rt s M m m tril � r* o ff o p, a " tC `� z X o ► H IC 7 W tt 1h ` - I. e ; w .... 40 g.• 110 0 ..."`,...,,,Z' IP' 4 fl rr Qe..? is._14 N. po- ft4 ,11,. . I. ,11 O g... .. .- 8) .. ro a r This Resolution prepared by Nancy 'Eckert, City Clerk, 715 Mulberry Street, Waterloo, Iowa. RESOLUTION NO. 2008-270 RESOLUTION APPROVING CONTRACTS AND BONDS FROM SERVICE ROOFING CO. OF WATERLOO, IOWA, FOR THE ROOF REPLACEMENT FOR THE FILTER BUILDING AT THE WASTE WATER TREATMENT PLANT, IN THE CITY OF WATERLOO, IOWA. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the contract of Service Roofing Co. of Waterloo, Iowa, for the Roof Replacement for the Filter Building at the Waste Water Treatment Plant, in the City of Waterloo, Iowa, signed on behalf of the City of Waterloo, Iowa, by the Mayor and the City Clerk as of the 7th day of April, 2008, together with the accompanying bond for the faithful performance of said contract signed by AMCO Insurance Company of Des Moines, Iowa, as surety thereon, be, and the same are hereby approved. PASSED AND ADOPTED this 7th day of April, 2008 . Tim Hurley, Ma r ATTEST: NaCcyck , CMC City Cler 1 1 M �i�y CITY OFWATERLOO , IOWA esamitir WATERLOO BUILDING INSPECTIONS DEPARTMENT ya`° 715 Mulberry St. • Waterloo, IA 50703 • (319) 291-4319 Fax (319) 291-4262 O�et�pp �� LOUIS CUTWRIGHT,JR. • Building Official/Maintenance Administrator Mayor TIMOTHY J. HURLEY COUNCIL MEMORANDUM MEMBERS REGINALD A. SCHMITT Iva i L TO: Mayor Tim Hurley and City Council Members CAROLYN FROM: Louis Cutwright, Jr. coLE Warr/ Building Official/Maintenance Administrator HAROLD DATE: April 1, 2008 G;ETTY Ward 3 RE: FILTER BUILDING ROOF REPLACEMENT QUENTIN M. HART Wa rf 4 On March 24, 2008, the replacement of the filter building roof at the Waste Water RON Treatment Plant was bid. Bids were opened at the City Council meeting and were %YELPER as follows. War-,d BOB SERVICE ROOFING CO. OF WATERLOO $117,439 GREENWOOD At-Law BLACK HAWK ROOFING OF CEDAR FALLS $182,600 S EVE HM Service Roofingmet all specifications with the low bid of$117,439—which included scxrvTT p At-Large a twenty-year warranty for labor and materials. I'm recommending the low bid for $117,439 be accepted and the contract be awarded to Service Roofing of Waterloo. Contracts, bonds and insurance are attached with this document. Attachments Ja CITY WEBSITL: www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer lVG8"77 CITY OF WATERLOO, IOWA COUNCIL RECORD 26. L/4) / liJd& that communication from Building Official/Maintenance Administrator transmitting Contracts and Bonds in the amount of $117,439.00 with Service Roofing Co. of Waterloo, Iowa in conjunction with Roof Replacement for Filter Building at Waste Water Treatment Plant, be received, placed on file and "Resolution approving skid documents" , be adopted and Mayor and City Clerk authorized to execute same. Ayes: �/. Resolution adopted and upon approval by Mayor assigned No. 2008- t /b . AYES NAYS ABSENT ABSTAIN MS. COLE �^ MR. GETTY MR. HART MR. GREENWOOD MR. STEVE SCHMITT MR. WEEPER MR. REGGIE SCHMITT m N 0 II b ti Itps- z w ° H o 3 a to ¢. z °z ,. I, a lb ro n r* a N ,a nI g, 0 IliM I t N. t This Resolution prepared by Nancy Eckert, City Clerk, 715 Mulberry Street, Waterloo, Iowa. RESOLUTION NO. 2008-271 RESOLUTION AUTHORIZING PAYMENT IN THE AMOUNT OF $37, 729. 72 AND UP TO $10, 000 . 00 INCIDENTAL CLOSING COSTS TO METROPOLITAN TRANSIT AUTHORITY FOR REPAYMENT OF FTA GRANT. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that payment in the amount of $37, 729 . 72 and up to $10, 000 . 00 incidental closing costs to Metropolitan Transit Authority for repayment of FTA grant for landscaping and pavement at the corner of West Mullan Avenue and Commercial Street, be and the same is hereby authorized. PASSED AND ADOPTED this 7th day of April, 2008 . Tim Hurley, May ATTEST: Nancy Ec t, CMC City Cler • itOrt„ CITY OF WATERLOO , IOWA WATERLOO PLANNING, PROGRAMMING & ZONING COMMISSION 715 Mulberry St. • Waterloo, IA 50703 • (319) 291-4366 Fax (319) 291-4262 %rtbo ‘° DONALD J.TEMEYER • Community Planning&Development Director March 27, 2008 Mayor Mayor Tim Hurley TIMOTHY J. And City Council Members HURLEY City Hall Waterloo, Iowa 50703 COUNCIL RE: Exchange agreement with US Bank National Associates MEMBERS Dear Mayor and Council: REGINALD A. SCHMITT On July 9, 2007 the City Council approved an exchange agreement with US Bank Ward I National Associates for the acquisition of the drive-up facility on Cedar Street. As a part of that agreement, the drive-up facility is proposed to be relocated to the corner CARCOLOLYN of West Mullan and Commercial Street (former Azzy's Detail Shop) owned by the E Ward 2 City of Waterloo. HAROLD As a part of that agreement, the City of Waterloo was to demolish the former Azzy's GETTY detail shop. This demolition requires a repayment of a FTA grant provided by MET Ward' for landscaping and pavement on the site. This payment was included in the budget. QUENTINM. This repayment in the amount of$37,729.72 will be sent to MET for reuse in a similar HART project (probably the refurbishment of the Central Transfer Station at E. Park and Ward 4 Sycamore). This amount was included in the transmittal letter but not in the resolution. RON WELPER Therefore, we recommend that the City Council authorize the payment of Ward 5 #37,729.72 to Metropolitan Transit Authority for grant reimbursement under BOB grant IA-03-0073 and up to $10,000 in incidental closing costs. GREENWOOD At-Large If you have any questions, please contact our office STEVE Sincerely, SCHMITT At-Large Noel Anderson Community Planning and Development Director DJT:pm CITY WEBSITE: www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer • This Resolution prepared by Nancy Eckert, City Clerk, 715 Mulberry Street, Waterloo, Iowa. RESOLUTION NO. 2007-570 RESOLUTION APPROVING EXCHANGE AGREEMENT WITH U. S . BANK NATIONAL ASSOCIATION AND DIRECTING EXECUTION OF SAID AGREEMENT BY MAYOR. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Exchange Agreement dated July 9, 2007, for sale and conveyance for $1 . 00 property generally located at the intersection of Mullan Avenue and Commercial Street for a new drive-up facility as part of agreement to purchase U. S. Bank drive-up and adjacent parking lot at a cost of $783, 116. 80 in conjunction with the Riverfront Renaissance Project, by and between U. S . Bank National Association, 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 9th day of July, 2007 . -Tim Hurley, M or ATTEST: Nancy Ecke t C C City Clerk Ara Nu,t i, CITY OF WATERLOO , �.�.. WATERLOO PLANNING, PROGRAMMING & ZONING COMMISSION 715 Mulberry St. • Waterloo, IA 50703 • (319) 291-4366' Fax(319) 291-4262 611100; DONALD J.TEMEYER.• Community Planning&Development Director June 19, 2007 Mayor TIMOTHY J. The Honorable Tim Hurley, Mayor HURLEY And City Council Members City Hall Waterloo,Iowa 50703 COUNCIL MEMBERS Dear Mayor and Council: As you may recall,staff has been working on the acquisition of land in the downtown Waterloo SCCGHMITrD A. area for the Riverfront Renaissance Project. As a part of the Plaza Amphitheater and Youth Ward Z Pavilion, it is necessary to acquire the US Bank drive-up and adjacent parking: The purchase of this property will allow construction of the Plaza and Amphitheater and the future mixed-use CAROLYN tower. Please see the attached map showing the properties. COLE Ward 2 The City will be acquiring the property for$783,116.80 in addition to deeding roe for a new drive-up facility at the intersection of Mullan and Commercial Streets. The funds for this HAROLD purchase are available through the State of Iowa Vision Iowa grant and Solid Waste Distribution Ward 3 funds. JOHN A. In order to reduce the impact,the agreement allows the use of 28 parking spaces at the Cedar KINCAID Street Art Center parking lot. US Bank will pay for their maintenance responsibilities for use of Ward 4 those spaces. RON WELPER Therefore,we would ask that the City Council set a date of hearing to sell the property to US Ward 5 Bank National Association as described for$1.00,adopt a resolution to acquire the property as described after said hearing,and authorize the Mayor and City Clerk to sign and fully execute any BOB necessary documents needed for this acquisition,authorize the expenditure of up to$10,000 of GREENWOOD incidental and closing costs,and$70,000 on demolition costs for the Azzy's site. At-Large ERIC If you have any questions or need any additional information regarding this matter,please contact GUNDERSON our office. At-Large Sincerely, Donald J. Te er Community Planning and Development Director DJT:pm attachments WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer CITY OF WATERLOO, IOWA COUNCIL RECORD RESOLUTIONS TO BE ADOPTED 126878 - Hart/Cole that corr3,munication from Community Planning and Development Director transmitting request for authorization to make payment in the amount of $37, 729.72 and up to $10, 000.00 incidental closing costs to Metropolitan Transit Authority for repayment of FTA grant for landscaping and pavement at the corner of West Mullan Avenue and Commercial Street and transfer of title to the City, be received, placed on file and "Resolution authorizing said payment", be adopted. Prior to a vote on the above motion, the following comments were heard. Noel Anderson, Community Planning and Development Director, reported a portion of this property was put into place with the FTA grant through MET. The city recently did some demolition there, the former Azzy's Detail Shop. This is where the drive-up facility for US Bank will be going so we are required to repay portions of the improvements that were put in there with the grant money as part of the redevelopment of the site. Mayor Hurley commented that the Federal Transportation Authority (FTA) gave some money to MET. They did some improvements, then we went with the movement with the drive-up with US Bank because the city is doing that area in front of the riverfront. Mr. Anderson noted that since the city is changing the use of the site, we are required to pay back the grant. Michelle Weidner, Chief Financial Officer, commented the title of the property will transfer back to the city. Councilperson Hart stated so there was not a mistake on behalf of the city. Mayor Hurley noted it started with the FTA when they gave the money to MET. MET will probably turn around and use that money at the central transfer station on East Park and Sycamore. Following comments a vote was taken on the above motion with the following result. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2008-271. AYES NAYS ABSENT ABSTAIN MS. COLE MR. GETTY CV MR. HART MR. GREENWOOD MR. STEVE SCHMITT MR. WELPER t� MR. REGGIE SCHMITT ,,, 0 po 0 0 CI Uhf n U 0 ` M h7 H H 0 a m C 0' n 0 "'' c n - H i••i n 0 o N ct It - cif H....), i 1_, O ,i 0 4... , P., I a .4 ro ' ; na r'=44-- 1 . rt it--g. .. , ,. 4.. ..._ „.. .,st.. t..) 0 a o M ro ► sr� This Resolution prepared by Nancy Eckert, City Clerk, 715 Mulberry Street, Waterloo, Iowa. RESOLUTION NO. 2008-272 RESOLUTION AUTHORIZING TRAFFIC OPERATIONS DEPARTMENT TO PLACE TEMPORARY YIELD SIGNS ON LYON STREET AT CORNWALL AVENUE DUE TO RECONSTRUCTION ON HAMMOND AVENUE. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the placement of temporary yield signs on Lyon Street at Cornwall Avenue due to reconstruction on Hammond Avenue, be and the same is hereby approved and the Traffic Operations Department authorized to install same. PASSED AND ADOPTED this 7th day of April, 2008 . Tim Hurley, Mayor ATTEST: %X-Eck , CMC City Cler CITY OF WATERLOO , IOWA �1 TRAFFIC OPERATIONS & PARKING MAINTENANCE DEPT. Oy�� 408 E. Sixth St. • Waterloo, IA 50703 • (319) 291-4440 Fax (319) 291-4094 t C— � 4te SANDIE GRECO • Superintendent, Traffic Operations&Parking Maintenance Mayor TIMOTHY J. HURLEY April 2, 2008 COUNCIL MEMBERS Honorable Tim Hurley, Mayor City Council Members REGINALD A. City Hall SCHMITT 715 Mulberry St. Ward I Waterloo, Iowa 50703 CAROLY N COLE RE: Temporary Yield Signs — Lyon St. at Cornwall Ave. Ward 2 HAROLD Dear Mayor Hurley and Council Members, GETTY Ward 3 Reconstruction on Hammond Ave. between Easton Ave. and Cornwall Ave., will be starting soon. Lyon St. will become a detour route for local traffic. HATTTN M. The number of vehicles and congestion at the intersection of Lyon St. and Ward 4 Cornwall Ave. will be a major safety concern of local residents. Therefore, we are recommending that Yield signs be placed on Lyon St. at Cornwall Ave. RON These signs will be temporary for approximately eight weeks or until the WELPER Ward 5 reconstruction has been completed on Hammond Ave. BOB I am asking for the council to pass a resolution for temporary Yield signs on GREENWOOD Lyon St. at Cornwall Ave. This item is scheduled to be on the council agenda At-Large Monday, April 7, 2008. STEVE SCHMITT Sincerely, At-Large elertdar-ieLtAzee-' Sandie Greco Traffic Operations Superintendent c: Chief Tom Jennings, Police Department Dennis Gentz, Assistant City Engineer CITY WEBSITE: www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer • CITY OF WATERLOO, IOWA COUNCIL RECORD 28. /74 / that communicati9n from Superintendent of Traffic Operations transmitting request to place temporary yield signs on Lyon Street at Cornwall Avenue due to reconstruction on Hammond Avenue, be r eived, placed on file and "Resolution approving said request" , be adopted. Ayes: _. Resolution adopted and upon approval by Mayor assigned No. 2008-,1 7 7 . AYES NAYS ABSENT ABSTAIN MS. COLE MR. GETTY MR. HART ma. GREENWOOD MR. STEVE SCHMITT MR. WELPER ej MR. REGGIE SCHMITT ✓ + .d �1 C7 G i hi XI Z w, to .r r� ,►- b () Dom,pi WO b ,--, a, MI rr 0 CI 11 Ia. • M , lb. w• Pl IA I-I i w a s p. I fl W *. rr ' '' Zffl '`y 0 M •►�- .� ,r i� ► ~O O �= N��� Z bPr O 10 t 11 rr fig y 10 0 AO,` 0 a, o 0. b. III , s m 'mow 4' This Resolution prepared by Nancy Eckert, City Clerk, 715 Mulberry Street, Waterloo, Iowa. RESOLUTION NO. 2008-273 RESOLUTION APPROVING THE CANCELLATION OF ASSESSMENTS IN THE AMOUNT OF $655 . 00 FOR FIRE LIFE SAFETY INSPECTION FEES FOR 426 AND 404 BEECH STREET IN THE CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA. BE IT HEREBY RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the cancellation of assessments in the amount of $655 . 00 for fire life safety inspection fees for 426 and 404 Beech Street, be and the same are hereby approved. BE IT FURTHER RESOLVED that the City Clerk, be and she is hereby directed to notify the Black Hawk County Treasurer of the same. PASSED AND ADOPTED this 7th day of April, 2008 . ` c/Z< L,icy Tim Hurley, Mayo ATTEST: (1C4-?- Nancy ck , CMC City Cler f�o��" 'j1�., CITY OF WATERLOO , IOWA Op i1 CITY CLERK AND FINANCE DEPARTMENT "���� 715 Mulberry St. • Waterloo, IA 50703 • (319) 291-4323 Fax (319) 291-4571 afi@rjpp �p NANCY ECKERT • City Clerk MICHELLE WEIDNER,CPA • Chief Financial Officer MEMORANDUM M auo TO: Mayor Tim Hurley 3IYiO FFIY 1. Council Members HURLEY FROM: Nancy Eckert, City Cle COUNCIL MEMBERS DATE: April 4, 2008 REGINALD A. RE: Reduce Assessments for 426 and 404 Beech Street SCHMITT Ward 1 Terry Phillips of Denter Corporation contacted the Mayor's office and the Fire CAROLYN Department requesting that a portion of assessments for 426 and 404 Beech Street be COLE Ward 2 forgiven. The properties were assessed for unpaid life safety inspections conducted by the Waterloo Fire Department in prior years. HAROLD GETTY The total amount assessed to these properties is $1,305.00, and Mayor Hurley has Ward 3 requested that the city abate $655.00. The inspection was initially started in 2004 and QUENTIN M. completed on May 25, 2005 after several re-inspections. At the time this was HART happening, Mr. Phillips experienced office staff turnover and is very apologetic that Ward 4the corrections cited by the Fire Department were not completed in a timely manner. RON WEEPER This item is on the council agenda for Monday, April 7, 2008, at which time we would Ward 5 recommend your approval of canceling $655.00 of the unpaid assessment, but leaving BOB $700.00. GREENWOOD At-Lame STEVE SCHMITT At-Large CITY WEBSITE: www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer ° CITY OF WATERLOO , IOWA CITY CLERK AND FINANCE DEPARTMENT 715 Mulberry St. • Waterloo, IA 50703 • (319) 291-4323 Fax (319) 291-4571 gp`Gr o\0 NANCY ECKERT • City Clerk MICHELLE WEIDNER,CPA • Chief Financial Officer April 21, 2008 Mayor TIMOTHY J. HURLEY Ms. Barbara Freet COUNCIL Black Hawk County Treasurer MEMBERS Black Hawk County Courthouse Waterloo, IA 50703 REGINALD A. SCHMITT Dear Barb: Ward 1 CAROLYN Please use this letter as your authority to cancel the following special assessment for COLE unpaid life safety fees for property located at 404 and 426 Beech Street: Ward HAROLD Amount To GETTY Property Address Parcel Code No. Be Canceled Ward 404 & 426 Beech Street 8913-24-431-002 $655.00 QUENTIN M. We would ask that you also cancel any penalty and interest accumulated against the HART Ward 4 above amounts. RON Please take the appropriate action on this matter. If you have questions or need IVEL.PER additional information, please feel free to contact my office. Kim 5 BOB Sincerely, GREENWOOD At-Large STEVE SCHMITT Nancy Eckert At-Large City Clerk cc: Black Hawk Abstract Co. CITY WEBSITE: www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Mayor Hurley: In late December clerk Cyndi Young told me of a conversation with Chief Carter about a complaint from Mr. Phillips regarding re- inspection fees and a subsequent lien totaling $1305.00. This inspection was initially started 8-19-04 by Inspector John Mattson and completed 5-25-05 after 12 re-inspections. (Please see item 1) Mr. Phillips came to my office to discuss this matter on approximately Dec. 26 or 27. I told Mr. Phillips that I did not have the authority to abate any part of this fee. He needed to discuss this with Chief Carter who was on vacation until after the first of the year. I did tell him there may be a possibility of some fee reduction but there was nothing I could personally do. Cyndi Young was present in my office and heard this conversation. I saw Chief Carter in the hall on that day or the next and briefed him of my meeting with Mr. Phillips. Chief Carter and Fire Marshal Boesen discussed this matter and agreed that the fee would not be reduced. I was asked to convey this to Mr. Phillips. On Jan 10, 2008 at 8:30 AM I called Mr. Phillips. I asked him if he could stop by my office. We met at 11:30. I gave him a hand written note (see item 2) regarding the decision. He thanked me for my time and concern. Clerk Cyndi Young listened to this conversation as well. On 7-15-2002 Inspector Pat Vollbrecht inspected 426 Beech (see item 3). It took 5 re- inspections, six months and $375.00 in re-inspection fees to become code compliant. We take safety seriously. We give many extensions to our business owners. Mr. Phillips had many opportunities to comply or request an extension. Fire Inspector Bob Boeck January 18, 2008 , \ WATERLOO FIRE RESCUE INSPECTION REPORT G Fire Prevention Bureau,42S E.3rd SR„Waterloo,Iowa 50703 1', C. ? - .0-4 6-c, ,,/� 7— r S - o Z- STREET ADDRESS OCCUPANT NAME ! INSPECTION DATE P.O.BOX BUSINESS PHONE MANAGER-PHONE PROPERTY OWNER OWNER ADDRESS PHONE EMERGENCY CONTACT#1 PHONE EMERGENCY CONTACT#2 PHONE VIOLATIONS WFR SECTION REF. # VIOL TION/LOCATION Date Corrected —____Ze. cS/ crrci es Q - -5 D - o z- _L 2 c e ` t' f 7 /+v S/oulf A "sly22 juitui 1 —--7 —\-6-7-54---- ALL VIOLATIONS SHALL BE CORRECTED IMMEDIATELY _ — —�._ _ - COMMENTS: FIRE PRE-PLAN ID Type of Complex Standpipe Size ^�+-Gas/Fuel Shutoff Ground Floor Area sq.ft. Detectors Water Shutoff Type Heat_ Last Inspect.#Type of —` lam' ,� ''Standpipe Location Occupancy cupanl Codef r Construct. Type . Special Systems Sprinkler Shutoff Stories — Power Source Notifier Alarm Location Year i Disp Basement Entry Location _ \�T� Haz. Storage Location Hydrant# Location /0 Main Size Confined Space 'V Location � i r i'i Numbers 0 (pi Inspection Fee: n -- C, - � r Occupancy Fee: /o 1 t - o �(�^"� ❑ Building Placardede�nspectton Fee: s. 0 Needs to be Placarded Total Fee: / f '1 .� REINSPECTION D.A.' ) -Z`I - o CLI--.). RECEIVED BY: �/92 Inspector Station# Shift Distribution: White-Fire Prevention Canary:Inspection District Pink:Occupant REMIT TO': CITY OF WATERLOO 715 MULBERRY ST WATERLOO IA 50703 Invoice Date : 08/02/05 Due Date . : 09/02/05 Invoice # : 60000380 DENTER CORPORATION 404 BEECH WATERLOO, IA 50703 Invoice $# : 60000380 FIRE LIFE INSPECTION FEE Total Due.: $1 , 305 . 00 LIFE SAFETY INSPECTIONS Description Charge Amount LIFE SAFTY FIRE LIFE SAFETY INSPECTION . 0000 426 & 404 BEECH - 8-19-05 1 , 305 . 0000 If you have any questions regarding this invoice, Please call (319) 291-4469 . � �` Trei-r• pbv 1\ )770 S () On te e of leGi) er (iec, sid o 1,0a:woct-e,„Id 0 e feria) iji)re CI\ le eJar---ter- ciAci ,0_ ► ve/ i 1 . 30 r K. 94 - man ID aoO _.uoO FIRE RESCUE COMMERCIAL INSPECTION REPORT 3\\ 425 E. 3'`�St., Waterloo, IA 50703 �� (319) 291-4469 LP t. bC4-\- Q E,.4 TE C oR P 3- I` •_ 0 Li STREET ADDRESS OCCUPANT NAME INSPECTION DATE 9"6-75. P.O.BOX BUSINESS PHONE MANAGER-PHONE PROPERTY OWNER OWNER ADDRESS OWNER PHONE EMERGENCY CONTACT#1 PHONE EMERGENCY CONTACT#2 PHONE VIOLATIONS WFR SECTION REF.# VIOLATION/LOCATION DATE CORRECTED /06Z gyZiik4 t:44,tt" ,i7teeeb.1 AWt-re<4 KE-01- k22-1114-eV`e .reitiLlte Altiz-PaierK/petnre& e-r2e-e pf(/ ALL\, A-TIONS SHALL BE CORRECTED IMMEDIATELY COMMENTS: 4/V- ,vAe,vv)-Earn" Cd3-"i.-1 ,A" tl e C.ait„41-444-ett - - 0 V`?•-�3 -0 ? In addition to basic life safety inspection fees,Waterloo Fire Rescue, as of August 4, 2003,will be charging a re-inspection fee if violations noted during the annual Life Safety Inspection are not corrected by the given re-inspection date. Re-inspection fees will be as follows: • $100.00-First Re-inspection $150,00-Second Re-inspection $200.00-Third and Subsequent Re-inspections If repairs cannot be completed by the re-inspection date, the Fire Marshal's office must receive written notification within 48 hours, prior to the reinspection date, to avoid the re-inspection fee, No re-inspection fees will be charged if the violations are corrected by the first re-inspection date. Non-Profit entiries or governmental agencies are not exempt from the re-inspection fees as listed above, Inspection Fee: 11 sF w i� - - �'� 4la`' Building Placarded Occupancy Fee: rGl / 3 23 _ -. �4 't`-O Needs to be Placarded Re-inspection Fee: • �. J Total Fee: cra,ALLA @ [- ��t, 11w ► 0S" RE-INSPECTION DAT � _ `1. 4 .. 7/ /J 1 � _ 0 q inspector Station# Shift ..RECEIVED BY: , ,/' zx ( e°39 1z- 1._64117-e . (319) 291-4469 Efot_cP Distribution White-Fi eRescue Canary: Inspect nfitt c "`\ ', Pink; Occupant CITY OF WATERLOO, IOWA COUNCIL RECORD 29. that communication from City Clerk transmitting request to cancel assessments in the amount of $655.00 for fire life safety inspection fees for 426 and 404 Beech Street, be rec9 Ted, placed on file and "Resolution approving said request" , be adopted. Ayes: Resolution adopted and upon approval by Mayor assigned No. 2008-2 7 3. AYES NAYS ABSENT ABSTAIN MS. COLE MR. GETTY MR. HART MR. GREENWOOD 4/ MR. STEVE SCHMITT MR. WELPER MR. REGGIE SCHMITT / • cPi ti n PO o X 11,� 1 pi ro n x nm N 'd n rn fD ,`, �' b H o r n ?d o m H• n co rr E. T H O 2 0 a a CCD oe 0' h H. = 0 14 1-1 CI c* a o o M w rt ;i o• a 0 a 0 ,► - y x 0 H I.J. UP rr It H O % i � Z HZ W , O OP/ o Z �.•• a) Z CI -.a (1) 61 %)..) pci . , _ ,,‘,. PI 14 ,, .. !... rr .... . , ,.... N li 0 a G rh o ,.1111. fD Ok ' a This Resolution prepared by Nancy Eckert, City Clerk, 715 Mulberry Street, Waterloo, Iowa. RESOLUTION NO. 2008-274 RESOLUTION MAKING ASSESSMENT FOR REPAIRING THE PAVE BOX AND SERVICE LINE AND PREVENTION OF FURTHER DAMAGE AT 225 LINDEN AVENUE. WHEREAS, the Board of Water Works Trustees of the City of Waterloo, Iowa, did, as provided by law, notify by written notice the property owners of the premises known as 225 Linden Avenue to have the pave box and service line repaired and further damage prevented, and WHEREAS, the property owners 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 225 Linden Avenue, 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 24th day of March, 2008, a report filing claim for the repairing of the pave box and 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: Gabriel L. Fratzke and Brynn E. Fratzke, Owners 225 Linden Avenue, Waterloo, Iowa Legal Description: Lot No. Twenty Six (26) in Block No. Two (2) in Alford' s Addition to the City of Waterloo, Black Hawk County, Iowa . Unpaid Assessment : $710 . 70 BE IT FURTHER RESOLVED that there be, and are hereby assessed and levied a special tax and assessment against the property improved, described as 225 Linden Avenue in the City of Waterloo, Iowa, the amount of $710 . 70, said assessment shall bear interest from the date of levy of the assessment, viz : April 7, 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 Gabriel L. Fratzke and Brynn E. Fratzke 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. 2008-274 Page 2 PASSED AND ADOPTED this 7th day of April, 2008 . Tim Hurley, Ma r ATTEST: � 1 Nancy Ec , C City Cle k 1 1 • • WATERLOO WATER WORKS DENNIS D.CLARK,P.E. 325 SYCAMORE STREET • P.O.BOX 27 319-232-6280 TRUSTEES: CRAIG CASLAVKA,Chair General Manager&Secretary WATERLOO,IOWA 50704 FAX:319-232-1962 TERRY KUNTZ,Vice-chair RODGER BURRIS March 24, 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, March 19, 2008. RESOLUTION WHEREAS, the General Manager, Dennis D. Clark, presented a statement of $710.70, which is supported by invoice from the Waterloo Water Works, showing the work necessary to repair the pave box and service line in regard to the following: WHEREAS, the owner was notified by the Waterloo Water Works to make the repairs to the service line at 225 Linden Avenue, which is located on Lot No. Twenty Six (26) in Block No. Two (2) in Alford's Addition to the City of Waterloo, Black Hawk County, Iowa, and owned by Gabriel L. Fratzke and Brynn E. Fratzke, husband and wife. WHEREAS, the property owner did not respond to notification from the Waterloo Water Works and did not make repairs to the pave box, the Waterloo Water Works caused the pave box to be repaired 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 Kuntz, seconded by Burris, to adopt the resolution and instruct the General Manager to certify this resolution to the City Clerk. On Vote: Ayes: Caslavka, Kuntz, Burris. Nays: None. Absent: None. 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 i Dennis D. Clark, P.E. General Manager DDC/cm Enclosure PAGE: 1 WATERLOO WATER WORKS STATEMENT DATE: 03/11/08 325 SYCAMORE ST PO BOX 27 SALESPERSON: WATERLOO, IA 50704-0027 (319) 232-6280 GABRIEL & BRYNN FRATZKE CUSTOMER NO. : FRATZKB 2426 ROWND ST CEDAR FALLS IA 50613 CONTACT: DATE REFERENCE DESCRIPTION CHARGE CREDIT BALANCE 12/21/07 0059079-IN 225 LINDEN - PAVE BOX 690 . 00 690 . 00 02/11/08 FEB0010-FC FINANCE CHARGE 10 . 35 10 . 35 03/10/08 MAR0047-FC FINANCE CHARGE 10 . 35 10 . 35 FINANCE CHARGE: 1 . 500% TOTAL: 710 . 70 CURRENT 30 DAYS 60 DAYS 90 DAYS 120 DAYS BALANCE DUE 20 . 70 . 00 690 . 00 . 00 . 00 710 . 70 PAYMENT IS EXPECTED WITHIN 30 DAYS OF INVOICE DATE. PLEASE REMIT ALL PAST DUE AMOUNTS TODAY. 757 CITY OF WATERLOO, IOWA COUNCIL RECORD NEW BUSSlINESS 30. / 55 that communication from General. Manager of Waterloo Water Works transmitting request to certify the amount of $710.70 for work performed by the Water Works at 225 Linden Avenue, together with recommendation of approval of Waterloo Water Works Board of Trustees, be received, placed on file and "Resolution approving said request" , be adApted and City Clerk instructed to notify Black Hawk County Treasurer of same. Ayes: Resolution adopted and upon approval by Mayor assigned No. 2008- G2y AYES NAYS ABSENT ABSTAIN MS. COLE MR. GETTY MR. HART MR. GREENWOOD ' MR. STEVE SCHMITT MR. WELPER MR. REGGIE SCHMITT (/ M (71 n � b 0 N M b0 MI D C � , t=i b O l 7d W 1-1 p o b ►i r, M K H ro fl o o w n M rr 41• O H r O it N a cD rr 0 Q n F+• j (D x H H i 0 a cD C �' n 0 H H f2 w a s 0 a `° I r* .O H y Cs O p 0 `1 -�.I _ H Z H �� o w y'Q z° o r4 Y :w CD 0 ..,.� o •±mot II rr NI t N 0 Po rt. `` a This Resolution prepared by Nancy Eckert, City Clerk, 715 Mulberry Street, Waterloo, Iowa. RESOLUTION NO. 2008-275 RESOLUTION MAKING ASSESSMENT FOR REPAIRING THE PAVE BOX AND SERVICE LINE AND PREVENTION OF FURTHER DAMAGE AT 120 RHEY 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 120 Rhey Street to have the pave box and 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 120 Rhey 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 24th day of March, 2008, a report filing claim for the repairing of the pave box and 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: U. S . Bank National Association ND, Owner 120 Rhey Street, Waterloo, Iowa Legal Description: Lot 19, Block 2, Alford' s Addition to the City of Waterloo, Black Hawk County, Iowa. Unpaid Assessment : $710 . 70 BE IT FURTHER RESOLVED that there be, and are hereby assessed and levied a special tax and assessment against the property improved, described as 120 Rhey Street in the City of Waterloo, Iowa, the amount of $710 . 70, said assessment shall bear interest from the date of levy of the assessment, viz : April 7, 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 U. S. Bank National Association ND 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 . 2008-275 Page 2 PPSSED AND ADOPTED this 7th day of April, 2008 . im Hurley, Mayor ATTEST: c7C1)„A— -- .62.117460'cke MC 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 March 24, 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, March 19, 2008. RESOLUTION WHEREAS, the General Manager, Dennis D. Clark, presented a statement of$710.70, which is supported by invoice from the Waterloo Water Works, showing the work necessary to repair the pave box and service line in regard to the following: WHEREAS, the owner was notified by the Waterloo Water Works to make the repairs to the service line at 120 Rhey Street, which is located on Lot 19, Block 2, Alford's Addition to the City of Waterloo, Black Hawk County, Iowa, and currently owned by U.S. Bank National Association ND. WHEREAS, the property owner did not respond to notification from the Waterloo Water Works and did not make repairs to the pave box, the Waterloo Water Works caused the pave box to be repaired 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. Panted on recycled paper Page 2 It was moved by Kuntz, seconded by Burris, to adopt the resolution and instruct the General Manager to certify this resolution to the City Clerk. On Vote: Ayes: Caslavka, Kuntz, Burris. Nays: None. Absent: None. 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 r PAGE: 1 WATERLOO WATER WORKS STATEMENT DATE: 03/11/08 325 SYCAMORE ST PO BOX 27 SALESPERSON: WATERLOO, IA 50704-0027 (319) 232-6280 DAVID & GERTRUDE GATES CUSTOMER NO. : GATESDW 420 E 9TH ST WATERLOO IA 50703 CONTACT: DATE REFERENCE DESCRIPTION CHARGE CREDIT BALANCE 12/21/07 0059078-IN 120 RHEY ST - PAVE BOX 690 . 00 690. 00 02/11/08 FEB0011-FC FINANCE CHARGE 10 . 35 10 . 35 03/10/08 MAR0048-FC FINANCE CHARGE 10 . 35 10 . 35 FINANCE CHARGE: 1 . 500% TOTAL: 710 . 70 CURRENT 30 DAYS 60 DAYS 90 DAYS 120 DAYS BALANCE DUE 20 . 70 . 00 690 . 00 . 00 . 00 710 . 70 PAYMENT IS EXPECTED WITHIN 30 DAYS OF INVOICE DATE. PLEASE REMIT ALL PAST DUE AMOUNTS TODAY. CITY OF WATERLOO, IOWA COUNCIL RECORD 31. ,Z a__ that communication from General Manager of Waterloo Water Works transmitting request to certify the amount of $710.70 for work performed by the Water Works at 120 Rhey Street, together with recommendation of approval of Waterloo Water Works Board of Trustees, be received, placed on file and "Resolution approving said request" , be a p ted and City Clerk instructed to notify Black Hawk County Treasurer of same. Ayes: Resolution adopted and upon approval by Mayor assigned No. 2008- 7�. AYES/ NAYS ABSENT ABSTAIN MS. COLE MR. GETTY MR. HART C/ MR. GREENWOOD C/' ' MR. STEVE SCHMITT MR. WELPER MR. REGGIE SCHMITT CD 03 N 0 n b n HI (OD C =r Ki H �i C� N a H. r 0 0 n N (D H H i 0 a (D C 0' n 0 0 H H n O a s 0 A• �+ ►! Z n H Z 0 1-6 p 0 Ita H Z H 'Z 4 1 .-1C--...d pa 0 H . r. a " �`- V I r- h7.1 0 .��1a. i �i II rt r N.) 0 a 0 "' ro s a CITY OF WATERLOO, IOWA COUNCIL RECORD 32 . that plans, specifications, form of contract, etc. in conjunction with East Park Avenue Parking Garage, Phase II, Divisions I and II, be received and placed on file. Ayes: 4 otion Carrie . AYES NAYS ABSENT ABSTAIN MS. COLE MR. GETTY MR. HART MR. GREENWOOD MR. STEVE SCHMITT MR. WELPER MR. REGGIE SCHMITT 1 ttli VI 0 POttii 7d ¢P u. O H ti O 1 PO CI N a IDD. rt 0 n n N i` fD N. ~ PA ( DI K H H C1 I f-+• rt It H Z H 0 SI i' z - zz o o a 1` �• z ...): _ iv' q 711 ._ o r Q ¢, o a t M m i a ►. .4 CITY OF WATERLOO, IOWA COUNCIL RECORD 32. 3 '7 /-7 to instruct Building Official/Maintenance Administrator to prepare plans, specifications, form of contract, etc. in conjunction with East Park Avenue Parking Garage, Phase II, Divi ' s I and II, be received, placed on file and approved. Ayes: . M(tion carrie AYES NAYS ABSENT ABSTAIN MS. COLE MR. GETTY MR. HART MR. GREENWOOD MR. STEVE SCHMITT MR. WELPER MR. REGGIE SCHMITT �U Nom flU u. a)` ` A ►• cr ." z . p, v 0 i S 4'" z w 'IC" O o a t) ''.- . , ro c o n N Pu 3] , 'ill cr o t,, PA This Resolution prepared by Nancy Eckert, City Clerk, 715 Mulberry Street, Waterloo, Iowa. RESOLUTION NO. 2008-276 RESOLUTION PRELIMINARILY APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, ESTIMATE OF COST, ETC. , FOR THE EAST PARK AVENUE PARKING GARAGE, PHASE II, DIVISIONS I AND II . WHEREAS, the City Council previously instructed the Building Official/Maintenance Administrator, to prepare and file plans, specifications, form of contract and preliminary estimate of cost, etc. , for the East Park Avenue Parking Garage, Phase II, Divisions I and II, in the City of Waterloo, Iowa, as specified in the specifications, and WHEREAS, the Building Official/Maintenance Administrator has filed said plans, specifications, form of contract and preliminary estimate of cost, etc. , and the Council of the City of Waterloo, Iowa, having considered the same. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that said plans, specifications, form of contract and preliminary estimate of cost, etc. , be, and the same are hereby preliminarily approved. PASSED AND ADOPTED this 7th day of April, 2008 . Tim Hurley, Mayor ATTEST: Nancy Eck , CMC City Cler • CITY OF WATERLOO, IOWA COUNCIL RECORD • 32. that "Resolution ,preliminarily approving plans, specifications, foam of contract, etc. in conjunction with above described project" , be adopted. Ayes: Resolution adopted and upon approval by Mayor assigned No. 2008- AYES �. NAYS ABSENT ABSTAIN MS. COLE V MR. GETTY MR. HART 1/ /' MR. GREENWOOD V MR. STEVE SCHMITT v MR. WELPER ,o MR. REGGIE SCHMITT m w m h R3 0 U �, " pi: ` uIi '1, u m `` 'l c —�ta, cr It 4 r ...,,,, . tie Z0 1_1t, ...„ ..6 pc, t. �Z ) 0 a � ti ti rT • ' i Ni . �4 0 IFl This Resolution prepared by Nancy Eckert, City Clerk, 715 Mulberry Street, Waterloo, Iowa. RESOLUTION NO. 2008-277 RESOLUTION FIXING THE TIME AND PLACE OF HEARING ON PROPOSED PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATE OF COST FOR THE EAST PARK AVENUE PARKING GARAGE, PHASE II, DIVISIONS I AND II, IN THE CITY OF WATERLOO AND THE TAKING OF BIDS THEREFORE, AS APRIL 28, 2008, AT 5: 30 P.M. AT CITY HALL COUNCIL CHAMBERS AND INSTRUCTING THE CITY CLERK TO PUBLISH THE NOTICE OF HEARING. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, AS FOLLOWS: Section 1 . That the Council of the City of Waterloo, Iowa, shall meet at the City Hall Council Chambers in the City of Waterloo, Iowa, at 5 : 30 p.m. on the 28th day of April, 2008, for the purpose of holding a public hearing on proposed plans, specifications, form of contract and estimate of cost for the East Park Avenue Parking Garage, Phase II, Divisions I and II, in the City of Waterloo. Section 2 . That the City Clerk is hereby directed to publish notice of the time and place of said hearing in the Waterloo Courier. PASSED AND ADOPTED this 7th day of April, 2008 . Tim Hurley, May' ATTEST: Nancy Eck , CMC City Cler top, �'� CITY OF WATERLOO , I O WA .... WATERLOO BUILDING INSPECTIONS DEPARTMENT S 715 Mulberry St. • Waterloo, IA 50703 • (319) 291-4319 Fax (319) 291-4262 (Pie r100 LOUIS CUTWRIGHT,JR. • Building Official/Maintenance Administrator Mayor /1e627 TIMOTHY J. /� 60 7� 60 HURLEY 7 COUNCIL MEMBERS MEMORANDUM REGINALD A. SCHMITT Ward 7 CAROLYN COLE TO: Mayor Tim Hurley Ward FROM: Louis Cutwright, Jr. GETTZLD Building Official/Maintenance Administrato Ward 3 DATE: March 31, 2008 QUENTIN M. HART RE: EAST PARK AVENUE PARKING GARAGE Ward 4 RON WELPER I am submittin for Ward 5 9 your a pproval Phase II, Divisions I and II, for the renovation of the East Park Avenue parking garage. BOB GREENWOOD Earth Tech of Waterloo has developed drawings, specifications and bid documents At-Large for the project. Earth Tech's letter dated March 27 gives the date of hearing and bid STEVE opening as April 28, 2008. I'm requesting approval so we can move forward with SCHMITT the project. At-Large Attachments ja CITY WEBSITE: www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer (-ge" CITY OF WATERLOO, IOWA COUNCIL RECORD 32 . / /2? • that "Resolution 4setting date of hearing on plans, specifications, form of contract, etc. as April 28, 2008 at 5:30 p.m. in the City Hall Council Chambers and taking bids on the above described project" , be adopted and City Clerk instructed to publish notice of same. Ayes: e Resolution adopted and upon approval by Mayor assigned No. 2008- 77 . AYES NAYS ABSENT ABSTAIN MS. COLE MR. GETTY MR. HART MR. GREENWOOD ' MR. STEVE SCHMITT MR. WELPER l� MR. REGGIE SCHMITT 0 1-6 0 II ro 0 c1) CD , ` ai A- ,:, t, ,-, :,. m, 0 tri VI O ro tri t t) H r 0 N p' p, 0 11 \ x n H i > 's 0 �q a . 7i O r a ► Z 3 ' (D .g ' Oselk 6. Pt 0W-1 b rr PA �` CITY OF WATERLOO, IOWA COUNCIL RECORD 33 . / /1 that specifications, bid document, etc.in conjuncti 008 Right of Way Mowing, be received and placed on file. Ayes: . Mo ion carried. • AYES NAYS ABSENT ABSTAIN MS. COLE MR. GETTY MR. HART MR. GREENWOOD ' MR. STEVE SCHMITT • MR. WELPER MR. REGGIE SCHMITT :d 'zi ti GI Pli X to - XI Iv n 7d n rc w cc Pi ro 0 m (1) �, VI Ca 0 b Lzi X, co i- ,0 Po '•'S rh (D .t 'd H 'd C] o CD F• 0 II CD � 0H r0 rt r+ a ID rt 0 0 ►i H. ��4 fD Pj H H O Q• CD 4' "►r n 0 0 - J H H n rt a• a 0 CD `4 `. z° n H i O 75' 0 4 1-3HH 0 • z 0 0 �r WAIF `, HH z H id! 1-1 o . z 0 ill • z 1:›4' PJ M .� ,- MCI .� - 0 N -gm', lir rt N s`°• 0 O !► !' PO .. ilb 4, ct 6, N i a I .9. (8"E7 CITY OF WATERLOO, IOWA COUNCIL RECORD 33 . to instruct Leisure Services Director to prepare specifications, bid document, etc. in conjunction with 2 e- Fi�o Way Mowing, be received, placed on file and approved. Ayes: `7 Motion carried AYES NAYS ABSENT ABSTAIN MS. COLE MR. GETTY MR. HART MR. GREENWOOD ' MR. STEVE SCHMITT MR. WELPER MR. REGGIE SCHMITT m Ia. m n ro 0 o (o , MI to O ro 0 al N p � 'd n HI a) g gr % H V 0 0 it I--I 0.. CD rrt 0 0 CD P` C `� H H n r a a CD M m w .slit n 0 H y 1 a a xht p - , a wd PO ill PI Amp rr bur 1► N 0 a c ► - "' 0 CD a f } This Resolution prepared by Nancy Eckert, City Clerk, 715 Mulberry Street, Waterloo, Iowa. RESOLUTION NO. 2008-278 RESOLUTION PRELIMINARILY APPROVING SPECIFICATIONS, BID DOCUMENT, FORM OF CONTRACT, ESTIMATE OF COST, ETC. , FOR THE 2008 RIGHT OF WAY MOWING. WHEREAS, the City Council previously instructed the Leisure Services Director, to prepare and file specifications, bid document, form of contract and preliminary estimate of cost, etc. , for the 2008 Right of Way Mowing, in the City of Waterloo, Iowa, as specified in the specifications, and WHEREAS, the Leisure Services Director has filed said specifications, bid document, form of contract and preliminary estimate of cost, etc. , and the Council of the City of Waterloo, Iowa, having considered the same. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that said specifications, bid document, form of contract and preliminary estimate of cost, etc. , be, and the same are hereby preliminarily approved. PASSED AND ADOPTED this 7th day of April, 2008 . Tim Hurley, Mayor ATTEST: Nanc Ec , CMC City Cle CITY OF WATERLOO, IOWA COUNCIL RECORD 33 . that "Resolution preliminarily approving specifications, bid document, etc. in conjunction with above described project" , be adopted. Ayes: 7 . Resolution adopted and upon approval by Mayor assigned No. 2008-.) AYES NAYS ABSENT ABSTAIN MS. COLE MR. GETTY !/ MR. HART (/ MR. GREENWOOD 6/7 MR. STEVE SCHMITT t MR. WELPER (/' MR. REGGIE SCHMITT CAla' RI F-+ 0 Ipu I 'rod 11 rrh CDD ii b . '14 b H 0 b n P1 o m �• n CD rt U. • �- 0 H r 0 it ►-, a CD cr o n fi N• ► CD i d a m C 0' II d - . ' '�3 H n w a p. 0 p, `A ►� Z H H z 0 _ ` r p• w a fD ro �; 1110, o *_ 4 rt. It , r. ti ! a, O %' r M 'd u1, cr N a This Resolution prepared by Nancy Eckert, City Clerk, 715 Mulberry Street, Waterloo, Iowa. RESOLUTION NO. 2008-279 RESOLUTION FIXING THE TIME AND PLACE OF HEARING ON PROPOSED SPECIFICATIONS, BID DOCUMENT, FORM OF CONTRACT AND ESTIMATE OF COST FOR THE 2008 RIGHT OF WAY MOWING, IN THE CITY OF WATERLOO AND THE TAKING OF BIDS THEREFORE, AS APRIL 21, 2008, AT 5 : 30 P.M. AT CITY HALL COUNCIL CHAMBERS AND INSTRUCTING THE CITY CLERK TO PUBLISH THE NOTICE OF HEARING. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, AS FOLLOWS: Section 1 . That the Council of the City of Waterloo, Iowa, shall meet at the City Hall Council Chambers in the City of Waterloo, Iowa, at 5: 30 p.m. on the 21st day of April, 2008, for the purpose of holding a public hearing on proposed specifications, bid document, form of contract and estimate of cost for the 2008 Right of Way Mowing, in the City of Waterloo and the taking of bids therefore. Section 2 . That the City Clerk is hereby directed to publish notice of the time and place of said hearing in the Waterloo Courier. PASSED AND ADOPTED this 7th day of April, 2008 . Tim Hurley, M r ATTEST: Nancy Ecke CMC City Clerk MIr: CITY WATERLOO , W w.Ilk T-/ ... .r..� WATERLOO LEISURE SERVICES COMMISSION 0et 1101 Campbell Ave. • Waterloo, IA 50701 • (319) 291-4370 • Fax (319) 291-4297 q),•er100 \O PAUL HUTING • Leisure Services Director Ri yo, March 31, 2008a D4. g `7 TIMOTHY J. t�> / HURLEY r2� Mayor Tim Hurley COUNCIL City Council Members MEMBERS City Hall Waterloo, IA REGINALD A. SCHMITT Dear Mayor and Council Members: Ward i CAROLYN This is to request that Council adopt resolutions to preliminarily approve the Bid COLE Document and Specifications for the 2008 RIGHT OF WAY MOWING, to want 2 instruct the City Clerk to publish notice of hearing on bid document, HAROLD specifications, etc. and taking of bids, also to set date of hearing and bid opening GETTY as April 21, 2008. Ward This contract provides for the mowing along transportation corridors and HARTTIN M. complaint mowing. A copy of the complete plans, specifications, and form of Ward 4 contract is available in the Clerk's Office. Funding is available through the Leisure Services Operating Budget FY 2008/2009. RON WELPER 5 Please contact me with any questions. Thank you for your consideration of this matter. BOB GREENWOOD ,c Sincerely, At-Lr,; STEVE SCHMITT Al-Large Paul Huting Leisure Services Director C Clerk/Finance CITY WEBSITE: www.ci.waterloo.ia.us WE'RE WORKING FOR YOU' An Equal Opportunity/Affirmative Action Employer • J 2 6... ) CITY OF WATERLOO, IOWA COUNCIL RECORD 33 . (5 / /// that "Resolution .setting date of hearing on specifications, bid document, etc. as April 21, 2008 at 5:30 p.m. in the City Hall Council Chambers and taking bids on the above described p ject" , be adopted and City Clerk instructed to publish notice of same. Ayes: -;/7 Resolution adopted and upon approval by Mayor assigned No. 2008 • • AYES NAYS ABSENT ABSTAIN MS. COLE MR. GETTY L. MR. HART C/- MR. GREENWOOD ' MR. STEVE SCHMITT C/' • MR. WELPER MR. REGGIE SCHMITT l/ CDmn CD . Dioro PO o X o m w P 1 Po H CD rt v LI• o ff r 0 4t a C n "' 0 _ H H 0a m x a ,. n w a• I P. tO • n a x zni, 1-3o X' 0 gilk`w 4... I-4 ICI ° ` ! ' iv H 04 z CP O H O 0 �� z Z a fD A it: 0 r kb. ilh a c t` J. o .� ro cr ° a CITY OF WATERLOO, IOWA COUNCIL RECORD 126891 - Reggie Schmitt/Hart to instruct City Engineer to prepare plans, specifications, form of contract, etc. in conjunction with F.Y. 2008 Sidewalk Repair Program - Zone 8 and Trail Repairs,, Contract No. 740, be received, placed on file and approved. Prior to a vote on the above motion, the following comments were heard. Eric Thorson, City Engineer, reported Zone 8 is bounded on the east by Baltimore, on the north by Williston and Campbell Avenues, on the west by Highway 63 and on the south by Ridgeway Avenue. Following comments a vote was taken on the above motion with the following result. Ayes: Seven. Motion carried. AYES NAYS ABSENT ABSTAIN MS. COLE MR. GETTY MR. HART MR. GREENWOOD MR. STEVE SCHMITT V • MR. WELPER MR. REGGIE SCHMITT ✓ m 0 (D w R PC 1-1 ti M - `` 1 ..1111110. u• O H t, O u 4 4_ or- P:, /-3 H i H znw 0, p ► rr "•� H U n a H Z MN ,% O o allz °z o n 1 �'' N j :NA- M1 o r PO r a (577?.-- CITY OF WATERLOO, IOWA COUNCIL RECORD 34 . / /4/ that plans, specifications, form of contract, etc. in conjunction with F.Y. 2008 Sidewalk Repair Program - Ane 8 a irs, Contract No. 740, 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 (D 1-6fD II 'd 0 (D (D - G t► t=J t�1 O td t 1 :� Co 1-1 P p_ it, ri HI 0 i b' ` ` p Hr O 1-1 a s rr CO3�' ` t e A rr �i r H H 0 H .4 p 0 0 M 1 ' `' �° H x H \.AN.�, so (D '~ Al '.. ro 0 n r rg •,y ` • 0 a 0 11 " • NI 0 it ro PP N fD t a L p 3 CITY OF WATERLOO, IOWA COUNCIL RECORD 34. that "Resolution ,preliminarily approving plans, specifications, f of contract, etc. in conjunction with above described project" , be adopted. Ayes: Resolution adopted and upon approval by Mayor assigned No. 2008--f2) . AYES NAYS ABSENT ABSTAIN MS. COLE MR. GETTY MR. HART (/ MR. GREENWOOD (� MR. STEVE SCHMITT (� MR. WELPER MR. REGGIE SCHMITT ti, fD P• CD Fl h3 0 (D (D ► 5, o, �� ."� b H O 'rod n MI 0 m �• 0 'r cCDD rt i.`lib u. 1 , Z H H 0 rt F" Q. a 0 gl kg ` ► r . Z n H 0 W Ibb. � , s: . O H z Z r XI ' fit'. a) Ilkc _r - !•- ro ow ii. w ► ^b N.) I'i . ` l 4. 0 W 0 r Pt r0 a ` to ► ► rf N I. N This Resolution prepared by Nancy Eckert, City Clerk, 715 Mulberry Street, Waterloo, Iowa. RESOLUTION NO. 2008-280 RESOLUTION PRELIMINARILY APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, ESTIMATE OF COST, ETC. , FOR THE F. Y. 2008 SIDEWALK REPAIR PROGRAM - ZONE 8 AND TRAIL REPAIRS, CONTRACT NO. 740 . WHEREAS, the City Council previously instructed the City Engineer, to prepare and file plans, specifications, form of contract and preliminary estimate of cost, etc. , for the F. Y. 2008 Sidewalk Repair Program - Zone 8 and Trail Repairs, Contract No. 740, in the City of Waterloo, Iowa, as specified in the specifications, and WHEREAS, the City Engineer has filed said plans, specifications, form of contract and preliminary estimate of cost, etc. , and the Council of the City of Waterloo, Iowa, having considered the same . NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that said plans, specifications, form of contract and preliminary estimate of cost, etc. , be, and the same are hereby preliminarily approved. PASSED AND ADOPTED this 7th day of April, 2008 . T7Ali im Hurley, Ma ATTEST: ,___ -1,.., 7c J-0_ :e— Nancy Eck , CMC City Cler 8V CITY OF WATERLOO, IOWA COUNCIL RECORD 34 . that "Resolution .setting date of hearing on plans, specifications, form of contract, etc. as April 28, 2008 at 5:30 p.m. in the City Hall Council Chambers and taking bids on the above described project" , be adopted and City Clerk instructed to publish notice of same. Ayes: -7 Resolution adopted and upon approval by Mayor assigned No. 2008- . • AYES NAYS ABSENT ABSTAIN MS. COLE MR. GETTY [/ MR. HART MR. GREENWOOD -----gz5; ' MR. STEVE SCHMITT MR. WELPER MR. REGGIE SCHMITT ilt DO t '• m " b 0 M ... ' g ^ ,s Di 0 ro PC o cn �• p n al cr `v% u• O Hi 1-3 r O OU 0 LL a cro C 0' n 0• .'- c 0 - , 17 Ha H H 0 W ft 0 „ '* ytarr' PO H O a lb, l- Z O r•.. CD 0 ' _ NI '' fir _ V% 10411 ii, 0 1 �� .7 =� It 0 lD a .41, r�j CITY OF WATERLOO , I O WA .T1/ WATERLOO ENGINEERING DERARTMENT . .� 715 Mulberry St. • Waterloo, IA 50703 • (319) 291-4312 Fax (319) 291-4262 e'terfoo '° ERIC THORSON,P.E. • City Engineer email:city.engineer@waterloo-ia.org D Mayor • TIMOTHY J. April 1, 2008 / HURLEY A040708 COUNCIL MEMBERS Honorable Mayor Hurley and Council Members Waterloo City Hall REGINALD A. Waterloo, IA 50703 SCHMITT Ward 1 CAROLYN RE: F.Y. 2008 SIDEWALK REPAIR PROGRAM — ZONE 8 COLE AND TRAIL REPAIRS Ward CONTRACT NO. 740 HAROLD GETTY Honorable Mayor Hurley and Council Members: Ward 3 QUENTIN M Transmitted herewith are the Plans and Specifications for the F.Y. 2008 HART SIDEWALK REPAIR PROGRAM — ZONE 8 AND TRAIL REPAIRS, Contract Ward 4 No. 740, as prepared by the City Engineer's Office. RON WELDER It is recommended that Council approve these documents, set April 28, 2008, Wart s as the date for the public hearing and bid opening and instruct the City Clerk to publish said notices. BOB GREENWOOD .41-Large Sincerely, STEVE =1' Gary L. Heinick, P.E. Associate Engineer cc: Louis Starks, Contracts and Grants Coordinator CITY WEBSITF: www.ci.waterloo_ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer This Resolution prepared by Nancy Eckert, City Clerk, 715 Mulberry Street, Waterloo, Iowa. RESOLUTION NO. 2008-281 RESOLUTION FIXING THE TIME AND PLACE OF HEARING ON PROPOSED PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATE OF COST FOR THE F. Y. 2008 SIDEWALK REPAIR PROGRAM - ZONE 8 AND TRAIL REPAIRS, CONTRACT NO. 740, IN THE CITY OF WATERLOO AND THE TAKING OF BIDS THEREFORE, AS APRIL 28, 2008, AT 5 : 30 P.M. AT CITY HALL COUNCIL CHAMBERS AND INSTRUCTING THE CITY CLERK TO PUBLISH THE NOTICE OF HEARING. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, AS FOLLOWS: Section 1 . That the Council of the City of Waterloo, Iowa, shall meet at the City Hall Council Chambers in the City of Waterloo, Iowa, at 5 : 30 p.m. on the 28th day of April, 2008, for the purpose of holding a public hearing on proposed plans, specifications, form of contract and estimate of cost for the F.Y. 2008 Sidewalk Repair Program - Zone 8 and Trail Repairs, Contract No. 740, in the City of Waterloo and the taking of bids therefore . Section 2 . That the City Clerk is hereby directed to publish notice of the time and place of said hearing in the Waterloo Courier. PASSED AND ADOPTED this 7th day of April, 2008 . Tim Hurley, May ATTEST: Nancy cker CMC City Clerk CITY OF WATERLOO, IOWA COUNCIL RECORD 35. that communication from Community Development Director transmitting proposed funding recommendations for the FY2009 Waterloo/Cedar Falls HOME Consortium Consolidated Plan - Community Development Block Grant and HOME Program Funds, be received, placed on file and "Resolution setting date of hearing as April 21, 2008, at 5:30 p.m. in the City Hall Council Chambers on the above described plan" , be adopted and City Clerk instructed to publish notice of same. Ayes: .1 Resolution adopted and upon approval by Mayor assigned No. 2008 v-g AYES NAYS ABSENT ABSTAIN MS. COLE y MR. GETTY f� MR. HART MR. GREENWOOD ' MR. STEVE SCHMITT MR. WELPER MR. REGGIE SCHMITT ( ,ao 0 m n ro 0 (D c `= Ia. x Pi o b t X, CI o fD la• II fD rr F� a fD ct 0 r� II . . n N ►, '� _ H H H rr a fl M 0 (D � rr ��, .O H H o a' P a' 0 �` d ► I. Z H p w c•r rfi { p 0 / i.� ► s �V d H 0 H I 1. its is fa. r C 911 0 N `Po 0, ";.0 ' m ► "► a FY2009 CDBG and HOME Programs - Subcommittee Recommendations CDBG Organization Recommended 2-1-2008 Activity Black Hawk Center for Independent Living $ 10,000 Wheelchair Accessible Ramps Operation Paintbrush -Caulking and Painting City of Waterloo/Community Development $ 7,000 Exterior of Homes Neighborhood Planning& Development City of Waterloo/Community Planning & Develop. $ 22,500 (Personnel Costs) FY2009 Sidewalk Repair Block Grant Program City of Waterloo/Engineering Department $ 9,500 Zone 8 Clearance and Demolition $ 10,000 Demolition of Vacant Dilapidated Structures Consumer Credit Counseling Services of NE Iowa $ 5,500 Conduct Credit Education Seminars Emergency Repairs $ 100,000 Emergency Repairs to Households General Program Administration $ 253,415 CDBG Administration Housing Rehabilitation at 306/308 Walnut Street House of Hope $ 29,690 - Roofing/Painting/Repair Neighborhood Services $ 80,000 City Liaison with Neighborhoods Operation Threshold $ 40,000 Weatherization-Plus Program Rehabilitation Administration $ 164,584 Rehabilitation Project Delivery Costs Single Family Owner-Occupied Rehabilitation/ Single Family Rehabilitation $ 575,956 Matching Funds for Lead Grant Waterloo Housing Partnership Coordinator Partnership Coordinator and and Home Buyer Education $ 71,428 Home Buyer Education Classes TOTAL CDBG REQUESTS $ 1,379,573 HOME Organization Recommended 2-1-2008 Activity City of Cedar Falls $ 75,000 Annual Allocation -HOME Consortium Funding for Tax Credit Project with Tax Credit Projects $ 58,694 State HOME Funds Iowa Heartland Habitat for Humanity CHDO allocation. Affordable Homes-New (CHDO Request) $ 91,199 Construction and Rehabilitation Activities Operation Threshold $ 25,000 Tenant Based Rental Assistance Program Single Family Rehabilitation $ 150,000 Single Family Owner-Occupied Rehabilitation Down Payment Assistance-First Time Home Waterloo Housing Partnership $ 150,000 Buyers in the CURA Area Administration $ 61,099 HOME Administration TOTAL HOME REQUESTS $ 610,992 (7,\, ITY OF WAT RLOO , IOWA \* fox COCOMMUNITY DEVEL®RMENT 9� 620 Mulberry St., Carnegie Annex • Waterloo, IA 50703 • (319) 291-4429 Fax (319) 291-4431 r April 1, 2008 Mayor TIMOTHY J. HURLEY The Honorable Timothy J. Hurley, Mayor and City Council Members coUNCIL City of Waterloo MEMBERS 715 Mulberry Street Waterloo, Iowa 50703 REGI_NALD A. RE: Waterloo/Cedar Falls HOME Consortium SCHMITT FY2009 One-Year Action Plan - CDBG and HOME Program Funds Ward i g CAROLYN Dear Mayor and Council: COLE TVarti 2 We request authorization to hold a public hearing on Monday, April 21, 2008 to review the proposed funding recommendations set forth by the Community Development Board HAROLD for CDBG and HOME Program funds for the FY2009 Waterloo/Cedar Falls HOME GETTY Consortium Consolidated Plan application. Attached is a copy of the proposed program Ward 3 recommendations. HAr.NT[N M. A 30-day public comment period was advertised from March 1, 2008 through March 30, Ward 1 2008 on the one-year action plan. Any public comments received during the comment period will be included in the final document being submitted to HUD. RON WEEPER We request your approval and authorization to submit this application to the U. S. Tvard 5 Department of Housing and Urban Development for review and approval, before May 15, 2008. BOB GREENWOOD Please contact me if you have any questions at 291-4429. At-Large Sincer , STEVE SCHMI TT At-Lnr�Se ��C L )Rudy D. Jones( Community Development Director RDJ:an Attachment J:\ANN-N\YEARDATA\Consol Plan\B08-FY09\Submit App MC Ltr.doc Cc: Noel Anderson,Community Planning&Development Director CITY WEBSITE:www.ci.waterloo.ia.us rouwRousi WE'RE WORKING FOR YOU! OPPORTUNITY An Equal Opportunity/Affirmative Action Employer This Resolution prepared by Nancy Eckert, City Clerk, 715 Mulberry Street, Waterloo, Iowa. RESOLUTION NO. 2008-282 RESOLUTION FIXING THE TIME AND PLACE OF HEARING TO BE GIVEN ON THE PROPOSED FUNDING RECOMMENDATIONS FOR COMMUNITY DEVELOPMENT BLOCK GRANT AND HOME PROGRAM FUNDS FOR THE FY2009 WATERLOO/CEDAR FALLS HOME CONSORTIUM CONSOLIDATED PLAN APPLICATION, AS APRIL 21, 2008, AT 5 : 30 P.M. IN THE CITY HALL COUNCIL CHAMBERS IN CITY HALL AND INSTRUCTING 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 21st day of April, 2008, for the purpose of considering and acting upon proposed funding recommendations for Community Development Block Grant and HOME Program Funds for the FY2009 Waterloo/Cedar Falls Home Consortium Consolidated Plan application. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the City Clerk is hereby directed to publish notice of the time and place of said hearing in the Waterloo Courier. PASSED AND ADOPTED this 7th day of April, 2008 . iT m Hurley, May ATTEST: Cr/ NancyEcker MC City Clerk CITY OF WATERLOO, IOWA COUNCIL RECORD ORAL PRESENTATIONS 126896 - Jerry Shatzer, 1829 West 7th Street, commented that two weeks ago his son called him, and he was taking his youngest son for art lessons, which rang a bell because ,of what we are doing with the Art Center, so he and his wife visited the new youth pavilion and he was really impressed. He was impressed with the exhibits. There was a young girl who took him and his wife around, and she was enthusiastic. The biggest thing that scares him about this whole thing is little kids should never know class distinction when it is at all possible when they are attending a function. If you are poor and you are going to a function, your treatment should be equal. Mr. Shatzer commented he asked the young girl if they are going to allow people to have parties, and she said yes. Mr. Shatzer asked her what was this was going to cost and she really didn't know, maybe $100.00. Mr. Shatzer stated there are a lot of people out there who cannot afford that $100.00. A single mother in a low income housing who also has a little boy or Little girl may want a birthday party for her child. Mr. Shatzer stated he feels somehow we have to make it so that each child is totally equal when they get there, whether it is for a birthday party or whatever. Mr. Shatzer stated he thinks we have a great thing going there, but he wishes the city would give money back to him that we received from the Isle of Capri, but it doesn't look like the city is going to lower his property tax. As long as the city had to take it, it was well spent and it was a good project. Mayor Hurley commented that the Youth Pavilion opened to rave reviews, but there are still naysayers. We get the same thing where people say its going to be a drain, it will be like that Conway Civic Center charging to cover the cost of providing staff, etc. for a p gparty or whatever. Mayor Hurley thanked Mr. Shatzer for his comments, but he doesn' t know how we are going to do it. Mayor Hurley stated the Isle of Capri money has gone to good use, and the grant that we received from them and the advance saved police officers and fire positions. The money that went into the Center For the Arts and the Youth Pavilion actually was Waterloo Development Corporation money not city grants and that' s a steady flow. The revenues that we are receiving through the Isle through the development agreement and the host city fee are going to help taxes, and the reason we only had a 1. 3 percent increase this year is in a large part because of the revenue that we did not have before, although you might not see decreases it is going to property tax relief. Ryan Madison, 650 Dawson Street, stated that on April 13, 1968 over 40 years ago in front of a packed crowd of 11, 000 people, a man gave a speech that rallied and changed the world. As time progressed, this city has fallen into a slump of the old ways of shunning one-half of itself in delivering bad checks, not only to blacks but to the east side entirely. Mr. Madison stated they asked the city to rid their community of abandon buildings, and Reggie Schmitt says the cost is too high and the funds are not there, but just across the bridge the city is buying out buildings and knocking them down left and right as if the money supply is endless. Just a few days ago, Noel Anderson said that businesses AYES NAYS ABSENT ABSTAIN MS. COLE MR. GETTY MR. HART • MR. GREENWOOD MR. STEVE SCHMITT MR. WELPER MR. REGGIE SCHMITT � t 0 ro � W m � 0 Pi p ro 0 H, 0{¢vt u. hcf O H V 0 4# H Q. 0 ct 0 0 n N fD Xi y H ccr a p. CCD CD 14 Cr H 0 H �' o al, 7. a 0 z 9, H z c4 0 z0 z H 00 O z 0 a x cD ro O ....- .. ., ..... ...,- II rr a 0 M 0 ro et CD a CITY OF WATERLOO, IOWA COUNCIL RECORD would not develop on the east side due to the flow of traffic. For years, these citizens have begged the city to fix the streets and build an overpass on the railroad crossing on East 4th Street, not only for business development but for the safety and concern of our kids, and the city rebuttals by throwing all the blame on Canadian National saying they won't go for it. In fact, Kevin Brockman, Assistant Superintendent of Canadian Nationals, said the city is responsible for it and owns those tracks, and that they have pleaded with city numerous times with the same concerns. Mr. Madison commented they are asking the city to focus on developing business in their part of the community. Mr. Madison stated that both Noel Anderson and Mayor Hurley have said that it is not their job or position to focus on putting businesses on the eastside, but if the concerns of this city and the citizens are not their job, he thinks they need to go back and reevaluate them. Mr. Madison commented that the city has a grant and spent $5 million to redo Hammond and Ridgeway Avenues because of the safety of kids and the concern of a handicap lady when they have the same concerns on East 4th Street. Mr. Madison asked the council to reevaluate the situation, and that he is going to keep coming back to let the city know its not going to be enough until everything is at an equal playing field. Mr. Madison thanked Chief Doug Carter for boarding up the houses after he called him and the Chief boarded those houses up within a week. Councilperson Hart reported that tomorrow at 7:00 p.m. there is a development opportunity with Common Grounds and the meeting is at Payne AME Church. Paul Huting, Leisure Services Director, reported there is a meeting Thursday, April 10, 2008 at 6:00 p.m. at Linden United Methodist Church about the redevelopment of Lafayette Park. Councilman Hart and several Leisure Services Board members will be at the meeting, and they are looking for ideas and input on a fast track project at Lafayette Park. Getty/Reggie Schmitt ve oral comments be received and placed on file. Ayes: Seven. Motion carried. AYES NAYS ABSENT ABSTAIN MS. COLE MR. GETTY MR. HART MR. GREENWOOD MR. STEVE SCHMITT MR. WELPER MR. REGGIE SCHMITT mfti M hro o M M :01 g, LNJ O b V Q. m• rt. o 0 n N CD x H H i 41k: 0 H H H C o a 0 a o ct• _r z 0 y p H. 0 �h ,. H Z H ►4 O H aIlk VA, AI x 'e 0 ,► N ~ t% a o M 0 214. PO ► • . a - ► CITY OF WATERLOO, IOWA COUNCIL RECORD ADJOURNMENT that the Council adjourn at p.m. Ayes: C Motion 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 ;d '=J G a hi AI Z to Ity Pi ►b 0 �' pc C0 0 N M It 111 'rod 0 P t7 b Hrit C�1 L.J.0 ► 0 H 0 i--' 0• CD ct 0 n K N fD = ` rU y0 CL m C d' n d n H H w a' 0. 0 a ~ z n H o a H °o z H o z z 0,) • w 0 a c1 ro 0 n rr a c "' 0 'CI a 169 At the regular meeting of the Board of Waterloo Water Works Trustees, held Wednesday, March 19, 2008, there were present Craig Caslavka, Chairman; Terry Kuntz, Vice-Chairman; and Rodger Burris, Trustee. Also in attendance: Council Member Ron Welper, Waterloo City Council Liaison to the Water Works Board; Steve Scharfenberg, Assistant General Manager; and Dennis D. Clark, General Manager and Secretary. Chairman Craig Caslavka called the meeting to order at 8:00 a.m. The Board approved to adopt the agenda. The minutes of the regular meeting of February 20, 2008 were approved as read. Mr. Chad Folken, appeared before the Board, regarding the water service at 69 Lafayette Street in Waterloo. Mr. Folken stated that he and his wife had received two disconnection notices from the Water Works for the property at 69 Lafayette Street. He paid the past due invoice for 69 Lafayette Street. Later the Water Works sent a shut off notice to 69 Lafayette Street and Mr. Folken called the Water Works, asking if anything further was owed on 69 Lafayette. He was told that nothing further was owed at 69 Lafayette Street and felt that the matter was resolved. He felt that the Water Works departments must not be talking to each other, because one department continued to show money owed, while another department told him no money was owed. Mr. Folken said he understands the confusion, but requested that the service charge of $28 be credited to his bill. Dennis Clark listed the following milestones and information regarding Mr. Folken's account, and the account at 69 Lafayette Street: • March 28, 2005: Shawna M. Folken signed up for water service at 1237 Eleanor Drive, under the names Shawna & Chad Folken. • March 31, 2005: Chad E. and Shawna M. Folken are listed as the deed holders of the property at 1237 Eleanor Drive. • February 2, 2007: Shawna M. Folken is listed as the deed holder of the property at 69 Lafayette Street. • April 17, 2007: Shawna M. Folken signs up for water service at 69 Lafayette Street. • January 2, 2008: Customer calls to close account at 1237 Eleanor Drive and Water Works takes the final meter statement. Customer leaves unpaid bill. • January 9, 2008: Water Works bills for service at 69 Lafayette, due January 30, 2008 • January 17, 2008: Chad E. Folken is listed as deed holder of the property at 1237 Eleanor. • February 4, 2008: Water Works sends out late "red tag" notice to 69 Lafayette Street, payable by February 19 or scheduled for shut off. • February 18, 2008: Customer pays bill for 69 Lafayette • February 27, 2008: Water Works mails notice to Shawna Folken at 69 Lafayette requesting past due payment from 1237 Eleanor. Payment is due March 14 or scheduled for shut off March 18, 2008. • February 28, 2008 (approximately): Mr. Folken called the Water Works, asks if anything further is owed on Lafayette, and is told that nothing further is owed on Lafayette. Customer admits he did not carefully read letter stating that the amount was due for 1237 Eleanor. • March 18, 2008: Water Works shuts off service to 69 Lafayette. Customer pays past due 1237 Eleanor bill, requests that service charge be waived. Water Works does not waive service charge. The account at Eleanor was in the name of Chad and Shawna Folken. The account at Lafayette is in the name of Shawna only, as well as the deed. Mr. Folken is discussing an account that is not in his name. 170 Mr. Folken previously appeared before the Board in July 2007 regarding 69 Lafayette, requesting that the Board waive the service charge and sign for service contract policy. Dennis Clark distributed copies of the Water Works Rules and Regulations, Section 1.1: Contract for Water Service and Section 2.13: Service Call Charge. Section 1.1 includes the contract for service, a portion of which states the following: I AGREE THAT 1N THE EVENT THAT ANY PORTION OF THE COMBINED BILL FOR WATER SERVICES, SEWER AND GARBAGE COLLECTION TO THE ABOVE PREMISES IS NOT PAID WHEN DUE OR IN THE EVENT A COMBINED BILL FOR SUCH SERVICES REMAINS UNPAID WITH RESPECT TO ANY OTHER PROPERTY FOR WHICH I HAVE SIMILARLY CONTRACTED, WATER SERVICE TO THE ABOVE PREMISES MAY, IN THE DISCRETION OF THE WATERLOO WATER WORKS, BE DISCONTINUED UNTIL SUCH COMBINED BILL OR BILLS ARE PAID. Section 2.13 states in part the following: WHEREAS: A service call charge shall be made to the customer for: A shut-off and turn-on resulting from non payment of a water bill or fire protection bill, and shut-off and turn-on resulting from lack of compliance with Water Works billing policies. The Board questioned Mr. Folken why he had not paid the water bill at 1237 Eleanor. Mr. Caslavka stated that the bill was payable after the account was finalized, and that Mr. Folken should have paid the bill to avoid shutoff. Mr. Kuntz stated that the Water Works needs to follow the policies, and felt that the bill should have been paid. Mr. Folken said he did not care for the direction that the discussion was heading, and left the meeting. It was moved by Kuntz, seconded by Burris and unanimously approved to receive and place on file oral comments and to continue to require the Form of Contract for Water Service policy and to continue the current Service Calls policy. Upon motion, unanimously 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. FEBRUARY 29, 2008 GENERAL FUND US Department of Treasurer Federal withholding tax 16,911 .70 30384 Andrews Auto Supply Oil filter for unit #21 6.69 30385 Assurant Employee Benefits Dental and disability insurance 6,045.49 30386 Campbell Supply Shovels and spade drains 143.70 30387 Tami Fager M. D. & U. D. refund 105.00 30388 Rasim Kantarevic 105.00 30389 Tiffane Nash " " " 39.95 30390 Denso International America Overpayment on account 110.65 30391 Richard Eighmey Overpayment on final bill 71.38 30392 Charles Earp Reimbursed costs to repair faucet 223.74 and softener due to main break 30393 James Quinn M. D. & U. D. refund 84.66 30394 Chad Mommer 3.82 30395 De Shaun A. White << 3.78 30396 Brad Lawless 60.62 if it 30397 Mario Bradford 29.45 30398 Emilee J. Clark 54.63 171 30399 Chase Golik M. D. & U. D. refund 72.63 30400 Blake Hansen " " " 46.44 30401 Iowa Business Machines Printer repair estimate 18.50 30402 Iowa Groundwater Assoc. Annual membership dues 30.00 30403 Iowa Public Employees IPERS for four employees 2,881.49 Retirement System 30404 Brian Johnson Reimbursed cost for printer stand 194.00 30405 Lewis System of Iowa, Inc. Armored car service 432.85 30406 Marsden Bldg. Maintenance Janitorial service 776.00 30407 McDonald Supply Meter couplings and hose bib vacuum 104.38 breakers for dead-end hydrants 30408 Menard's Light bulbs, trash bags, PVC male 234.54 plugs, auger bits, and batteries 30409 PCNation Computer adapter 65.86 30410 Postmaster Postage 4,025.00 30411 Qwest Service 304.27 30412 Radio Communications Monthly access fee and pager rental 154.00 30413 Sandee's Ltd. Stamp pad ink 9.50 30414 Scot's Supply Nuts, screws, washers and caps 151.64 30415 Rick Wilberding Reimbursed costs for self-study courses 149.00 Treasurer, State of Iowa State withholding tax 9,370.00 30416 Canadian National Railroad crossing permit for the 2008 750.00 Rainbow Drive Water Main Project 30417 Airgas North Central Chipping hammer bit, oxygen and 327.35 acetylene for cutting torch, and ice melt State of Iowa Treasurer Sales tax 8,772.28 30418 All Star Plumbing & Heating Repaired water service line at 3,172.89 409 Broadway 30419 Sam Annis & Company Propane to thaw hydrants 28.90 30420 Bergen Plumbing Repaired water service lines at 5,666.36 115 Gable, 522 Kern and 212 Conger 30421 C & C Welding & Sand Flat steel for brackets connecting 27.12 Blasting new muffler at well #19 30422 Kyle Reasoner M. D. & U. D. refund 8.78 30423 Salvation Army if f g 2.21 30424 Steve Schiffner 25.41 30425 Diane M. May 60.62 30426 Family Management 1.12 30427 Megan Carpenter 1.12 30428 Tanara Colson 18.24 30429 Diwayne Brown 38.64 30430 Trent Taylor 36.04 30431 Korine Warren 54.63 30432 Katherine Bartels 17.84 30433 Jennifer Panther 43.84 30434 Shalynn Wellner 31.24 30435 Salvation Army " 31.06 30436 Dekeidruis Durham 54.66 30437 C. Doyle Properties Overpayment on final bill 19.54 30438 Gierke-Robinson Co. Discharge hose for electric pump 256.00 30439 Johnstone Supply Repair parts for water pump used 52.56 to drain hydrants 30440 Steve Kerns Cell phone reimbursement 50.00 30441 McDonald Supply Meter couplings 771.56 30442 Menard's Propane cylinders and shovels 83.32 30443 Mid-Land Equipment New tire rim for unit#21 222.13 30444 Joe Moody Reimbursement for uniform cost 15.98 30445 Radio Communications Monthly access fee and pager rental 154.00 30446 Tim Robbins Cell phone reimbursement 50.00 30447 Scot's Supply Batteries for barricade lights 30.92 30448 Kenneth Shumaker Reimbursement for uniform cost 80.00 30449 Steffen Filters for hydraulic power units on 193.44 units #12 and #18 30450 Town & Country Installed new unit heater at well #20 1,250.00 172 30451 Van Wert, Inc. Meter reading service 4,615.80 30452 Rick Wilberding Cell phone reimbursement 50.00 30453 Dick Witham Ford-VW-KIA Brake hose for unit #19 31.30 30454 Voided 0.00 30455 Waterloo Water Works Copies, notebook pads and 75.36 thermometers (reimburse petty cash) 30456 Collection Services Center Authorized payroll deduction for 491.50 child support 30457 Cedar Valley United Way Authorized payroll deduction for 67.50 United Way 30458 ING Life Insurance Authorized payroll deduction for 2,578.00 deferred compensation 30459 Lincoln Financial Group Authorized payroll deduction for 40.00 deferred compensation 30460 Nationwide Retirement Authorized payroll deduction for 500.00 Solution deferred compensation 30461 Public Employees Credit Authorized payroll deduction for 4,977.00 Union credit union US Department of Treasurer Federal withholding tax 17,354.85 30462 Acco Unlimited Corp. Chlorine and HFS 11,479.00 30463 Airgas North Central Ice melt 274.50 30464 Andrews Auto Supply Gasket for unit #19 and battery for 45.90 unit #16 30465 Aspro, Inc. Cold mix, concrete and fill sand 1,667.62 30466 BMC Aggregates L. C. Concrete sand and roadstone 563.96 30467 Campbell Supply Drill repair, barricade lights and 506.49 batteries, drill bits, paint, safety vests and tubes/ski masks for hard hats 30468 The CBE Group, Inc. Collection fee 117.90 30469 (dell Davis M. D. & U. D. refund 5.02 30470 Scott T. Harris " " if f 84.66 30471 Troy Todd 8.32 30472 Jamey Opperman 26.56 30473 Paul Livingston 55.76 30474 Kenneth Weekley " " " it 25.24 30475 Tony Pruis 40.05 30476 Nicole Benge 20.11 30477 Joy Compton M. D. refund 3.36 30478 Michael Harkrider M. D. & U. D. refund 19.55 30479 Michael Harkrider 8.34 30480 Greg Coyner 10.65 30481 Alicia Goecke 2.73 30482 Emmagene Washington 3.53 30483 Bryan Berns 13.81 30484 Carlita Bunch 6.54 30485 Phillipp Garthoff it " " 44 5.25 30486 Tess Jackson 2.41 30487 Sarah Steva 8.70 30488 Marshall Frazier 11.56 30489 Gierke-Robinson Co. Hard hats and Stihl cut-off saw 894.45 30490 K & R Consulting Group Consulting services 93.75 30491 Menard's Thermometers and garbage bags 34.32 30492 Mid-Land Equipment Inside door handle for unit #21 37.17 30493 Matt Parrott & Sons Co. Shirt embroidery, paper, staples, 102.35 cleaner and wire basket 30494 Sensus Metering Systems Cord adapter for new meter reading 46.94 devices State of Iowa Treasurer Sales tax 7,000.00 30495 Advanced Systems, Inc. Maintenance contract for copying 93.71 machine 30496 Allen Memorial Hospital Drug screening for one employee 54.00 30497 Andrews Auto Supply Light bulb and hose clamp 12.60 30498 Aramark Uniform Services Towel service 155.44 173 30499 AWWA Registration for Annual Conference, 1,660.00 D. Clark and R. Wilberding 30500 Region I AWWA Region I Water Works Operators Meeting 60.00 registration for three employees 30501 Black Hawk County Auditor Water and sewer bond fees 7,709.36 30502 Black Hawk County Data processing for January 3,997.27 Treasurer, MIS 30503 Black Hawk Electrical Co. Fixed lights in General Manager's 115.89 office 30504 Campbell Supply Safety vests, hard hat liners and 173.54 t-shirt 30505 City of Raymond Water bond and sewer and 10,072.24 garbage fees 30506 City of Waterloo Garbage and sewer for January 821,927.04 30507 Dennis Clark Reimbursed travel costs to attend 477.00 AWWA Annual Conference 30508 Community National Bank Bank charges for January 450.07 30509 Commercial Tire Service New tires for unit#21 481.76 30510 Dex East Advertisement in phonebook 31.50 30511 Thompson's Rentals Overpayment on final bill 94.04 30512 Milissa Gorman Refunded payment made in error 88.75 30513 Gateway Real Estate Overpayment on final bill 65.60 Holdings 30514 Detravis Jefferson Overpayment on final bill 50.56 30515 Anthony Santomauro M. D. & U. D. refund 105.00 30516 Quilynda Campbell 16.62 30517 Sharon Lee 72.63 30518 Jeremy Surovy " " " fi 68.96 30519 Nathan Vandiver 84.66 30520 Dan Peters it " it if 21.34 30521 Angie Dubois if it it it 26.80 30522 Design Decisions M. D. refund 16.15 30523 Paragon Construction Overpayment on final bill 58.69 30524 Iowa Custom Machine Five new street keys 425.00 30525 Kwik Trip, Inc. Fuel for vehicles 3,380.24 30526 Marsden Bldg. Maintenance Janitorial service 776.00 30527 Menard's Battery chargers for diesel engines 91.68 at wells #14 & #19 and windshield wipers for unit#2 30528 Matt Parrott & Sons Co. Water Works logo embroidery charge 17.00 30529 Rydell Chevrolet, Inc. Replaced ignition switch on unit#1 421.26 30530 Shawver Well Co. Hydrant M. D. refund 82.04 30531 Showers Insurance Agency Worker's compensation, commercial 7,547.57 and commercial auto insurance 30532 Swisher & Cohrt, P.L.C. Legal services 105.82 30533 TestAmerica Laboratories Water sampling 120.00 30534 Utility Equipment Co. Corporations and nipples for chemical 261.82 injectors and gate valves and hose adapters for hydrant meters 30535 The Courier Legal ad 106.37 30536 Wellmark BlueCross Medical insurance 29,006.97 BlueShield 30537 Waterloo Water Works City service fees 8,391.84 30538 Collection Services Center Authorized payroll deduction for 491.50 child support 30539 ING Life Insurance Authorized payroll deduction for 2,578.00 deferred compensation 30540 Lincoln Financial Group Authorized payroll deduction for 40.00 deferred compensation 30541 Nationwide Retirement Authorized payroll deduction for 500.00 Solution deferred compensation 30542 Public Employees Credit Authorized payroll deduction for 4,977.00 Union credit union 174 30543 Teamsters Local Union #238 Authorized payroll deduction for 663,00 union dues 30544 United Parcel Service Cost to ship meter reading autogun 19.85 for repair US Department of Treasurer Federal withholding tax 16,283.60 30545 Acco Unlimited Corp. HFS 804.60 30546 Assurant Employee Benefits Dental and disability insurance 5,883.98 30547 Region I AWWA Region I Water Works Operators 40.00 Meeting registration for two employees 30548 Benton's Sand & Gravel Operator evaluation 150.00 30549 Campbell Supply Safety vests, sweatshirts, hard 503.87 hats, earplugs, ice melt, and grinding wheels 30550 C & C Welding & Sand Miscellaneous steel and cutting 28.02 Blasting edge for John Deere snow blade 30551 City of Waterloo City directory 262.60 30552 Delois Denton M. D. & U. D. refund 105.00 30553 Tammy Deeds 105.00 30554 Mad Dinnebier 105.00 30555 Mensur Durdzic 105.00 30556 Semsudin Dzehverovic 105.00 30557 Don Eichelberger 105.00 30558 Deshon Epps 105.00 30559 Empire FP & R M. D. refund 30.00 30560 Mike & Donna Everett M. D. & U. D. refund 105.00 30561 Javier Flores-Esocobar 105.00 30562 Casey Gardner 105.00 30563 Peggy S. Goodwin 50.00 30564 Saul & Angela Grant 105.00 30565 Dennis Boaz Overpayment on bill 99.96 30566 Elk Run Heights City Hall Refunded sewer charges billed in 6,091.80 error 30567 Joyce Jones M. D. & U. D. refund 72.63 30568 William Dison 51.63 30569 Amanda Fischer 20.04 30570 Salvation Army 33.44 30571 Shira Sternberg 29.90 30572 Denise Verdin 10.96 30573 Barbara Hamilton 42.63 30574 John Riordan 42.63 30575 Jana Davis Overpayment on final bill 77.45 30576 Linda Heimbuck 105.00 30577 Jacqueline Heeney 105.00 30578 Tracey Harrington 105.00 30579 Matt Harbaugh 105.00 30580 Shawn Hottle M. D. refund 25.00 30581 Roxanne Hemmer M. D. & U. D. refund 105.00 30582 Dana Jackson 105.00 30583 Everlean Holmes M. D. refund 10.00 30584 Kelvin Holmes M. D. & U. D. refund 105.00 30585 William & Ann Jackson 105.00 30586 Ethel M. Johnson 105.00 ti 30587 Phyllis Johnson 50.00 30588 Gierke-Robinson Co. Hard hats 36.60 30589 Hawkeye International Air, oil, fuel and water filters for 121.48 Trucks units #33 and #34 30590 HD Supply Waterworks, Ltd. Fifteen fire hydrants 20,925.00 30591 Hogan & Hansen Payroll and consulting services 1,741.40 30592 Iowa One Call One Call service 114.30 30593 Johnstone Supply Screwdriver, wire cutter and staple gun 68.58 30594 K & R Consulting Group Consulting services 531.25 30595 Keystone Laboratories, Inc. Water sampling 940.00 30596 Menard's Shovels and flashlights 58.86 175 30597 Murphy Tractor & Equipment Nuts and bolts for hydraulic breaker 66.96 30598 Platt's, Inc. Wiper motor assembly for John Deere 187.95 garden tractor 30599 R Company, Inc. Operator evaluation 150.00 30600 Sensus Metering Systems Annual Sensus system support 1,200.00 30601 Kenneth Shumaker Reimbursement for uniform cost 15.00 30602 Tori Wise Reimbursement for uniform cost 35.00 Payroll 78,790.28 $1,165,449.55 The General Manager presented the Monthly Financial Report as of February 29, 2008 as follows: February 1, 2008 Balance $2,805,518.22 Receipts 437,604.07 Disbursements 315,540.50 February 29, 2008 Balance $2,927,581.79 Debt Reserve Fund 330,000.00 Restricted Bond Fund 1,014,142.07 Bond Debt Sinking Fund 66,840.84 Repairs & Rehabilitation Fund 250,393.56 General Fund Balance 1,266,205.32 $2,927,581.79 It was moved, seconded and unanimously approved to receive and place on file the Monthly Financial Report as presented. The General Manager presented the Revenue and Expense Summary as of February 29, 2008 as follows: 2007 2008 Operating Revenue $682,714.98 $851,021.30 Operating Expense 622,541.18 617,798.37 $ 60,173.80 $233,222.93 Non-Operating Revenue 38,070.78 37,220.55 Non-Operating Expense 0.00 0.00 Capital Expense 192,397.50 4,045.99 $ -94,152.92 $266,397.49 It was moved, seconded and unanimously 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 pave box repair at 120 Rhey Street. RESOLUTION WHEREAS, the General Manager, Dennis D. Clark, presented a statement of $710.70, which is supported by invoice from the Waterloo Water Works, showing the work necessary to repair the pave box and service line in regard to the following: WHEREAS, the owner was notified by the Waterloo Water Works to make the repairs to the service line at 120 Rhey Street, which is located on Lot 19, Block 2, Alford's Addition to the City of Waterloo, Black Hawk County, Iowa, and currently owned by U.S. Bank National Association ND. 176 WHEREAS, the property owner did not respond to notification from the Waterloo Water Works and did not make repairs to the pave box, the Waterloo Water Works caused the pave box to be repaired 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 Kuntz, seconded by Burris, to adopt the resolution and instruct the General Manager to certify this resolution to the City Clerk. On Vote: Ayes: Caslavka, Kuntz, Burris. Nays: None. Absent: None. Resolution adopted. 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 pave box repair at 225 Linden Avenue. RESOLUTION WHEREAS, the General Manager, Dennis D. Clark, presented a statement of $710.70, which is supported by invoice from the Waterloo Water Works, showing the work necessary to repair the pave box and service line in regard to the following: WHEREAS, the owner was notified by the Waterloo Water Works to make the repairs to the service line at 225 Linden Avenue, which is located on Lot No. Twenty Six (26) in Block No. Two (2) in Alford's Addition to the City of Waterloo, Black Hawk County, Iowa, and owned by Gabriel L. Fratzke and Brynn E. Fratzke, husband and wife. WHEREAS, the property owner did not respond to notification from the Waterloo Water Works and did not make repairs to the pave box, the Waterloo Water Works caused the pave box to be repaired 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 Kuntz, seconded by Burris, to adopt the resolution and instruct the General Manager to certify this resolution to the City Clerk. On Vote: Ayes: Caslavka, Kuntz. Burris. Nays: None. Absent: None. Resolution adopted. The General Manager reported that the 2008 Rainbow Drive Water Main Replacement Project was bid and will be constructed in conjunction with the City of Waterloo's FY 2008 Street Reconstruction Program. The City of Waterloo is acting as the overall contracting authority. The Notice of Letting for the overall project was published in the Waterloo-Cedar Falls Courier by the City of Waterloo. The Water Works Notice of Public Hearing was published in the Courier on March 12, 2008. Bids from contractors were received, opened, and read aloud at the Waterloo City Council Meeting at 5:30 p.m. on March 3, 2008. The Rainbow Drive water main is part of the original Castle Hill water system. The Castle Hill water system was purchased from the Iowa Public Service Company for $40,000.00, with formal approval at the December 28, 1961 Board of Trustees meeting. Various portions of the Castle Hill system, including Rainbow Drive, has suffered numerous main breaks, apparently from a combination of lower quality iron pipe and from soil corrosion. In 2006, the Water Works began a program of replacing water main in the Castle Hill area, in conjunction with the City of Waterloo's annual Street Reconstruction program. In 2007, the City of Waterloo let a contract to reconstruct Rainbow Drive from the west city limits to the intersection of Rainbow Drive with Desoto Avenue. In 2008, the City of Waterloo is continuing to reconstruct 177 Rainbow Drive from near the intersection of Rainbow Drive and Letsch Road easterly to a point east of Northland Oil. The 2008 reconstruction of Rainbow Drive will occur in nine phases, in order to provide access to properties for residents. 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 service at all times. Replacing the water mains in conjunction with the street reconstruction program benefits the residents, the City of Waterloo and Water Works, and will improve project coordination, scheduling, logistics, and economics. The Water Works budget for the entire project, including engineering, design, pre-reconstruction work, and the replacement of the 2008 Rainbow water main is $393,000. That amount is included in the approved Water Works capital improvements budget for 2008. Water Works staff provided engineering and design work. Pre-reconstruction work will be completed by the Water Works Distribution Department and by hired contractors. Water Works staff and a geotechnical testing agency will provide construction review for compliance with specifications. For the replacement of the 2008 Rainbow Drive water main itself, an Engineer's Estimate for construction was developed, in the amount of $323,738.00. The low, and only, bidder on the project was Aspro Inc. Aspro's total bid for Division II water main replacement is the sum of$239,875.50. A subcontractor will construct the Division II items for Aspro. The following documents were provided to the Board of Trustees: • Proof of Publication of Notice of Public Hearing ■ Plan cover sheets with water main quantities • Bid Tabulation with Engineer's Estimate It was moved by Kuntz, seconded by Burris and approved to receive and place on file Proof of Publication of Notice of Public Hearing for the 2008 Rainbow Drive Water Main Replacement Project. Chairman Caslavka announced that it was time for the public hearing for the Rainbow Drive Water Main Replacement Project. There being no written comments on file and no oral comments, it was moved by Kuntz, seconded by Burris and approved to close the public hearing. It was moved by Kuntz, seconded by Burris and approved to confirm approval of bid documents, plans, specifications, etc. It was moved by Kuntz, seconded by Burris and approved to proceed with the project. It was moved by Kuntz, seconded by Burris and approved to receive and place on file the bids as opened and read aloud on March 3, 2008 at the Waterloo City Council Meeting. It was moved by Kuntz, seconded by Burris and approved to award the 2008 Rainbow Drive Water Main Replacement Project to Aspro Inc., as being the lowest and best bid. The Board was presented with the bid tabulation for the 2008-2009-2010 lawn mowing of 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. The last three- year contract was awarded in 2005 to Fox Enterprises, LLC, at a total cost per mowing in 2005-2006-2007 of$961.51. The estimated cost in the next three years is $14,000 to $16,000 per year. Bids were advertised on March 4, 2008 and opened on March 12, 2008. The bid results, showing the cost per one mowing of all seven turf sites, are as follows: 178 B & B Lawn Care, Inc. $ 940.00 Fox Enterprises, L.L.C. $ 962.00 J. L. Lawn Service $1,023.00 Reliable Lawn Care $1,025.00 1st Call Lawn Care $1,035.00 Grassworks $1,085.00 Miller & Sons $1,580.00 It was moved, seconded, and unanimously approved to award the 2008- 2009-2010 mowing contract to B & B Lawn Care, Inc., as being the lowest and best bid. Dennis Clark reported that an advertisement for bids was placed in the Waterloo Courier for pipe, valves, and fittings. The bid quantities are the estimated needs for the 2008 construction season and for distribution system repairs made throughout the year. Advertisements for Bids were published in the Waterloo Courier on February 27 and March 5, 2008. Bidding documents were mailed to several suppliers that have bid or requested to be on the bidder's list. Bids were received on March 12, 2008, when the bids were opened and read aloud. The bids received for pipe, per foot, were as follows: American Cast Iron Schimberg Co. Pipe Co. 6" Ductile Iron $11.20 $11.20 8" Ductile Iron $15.40 $15.43 10" Ductile Iron $20.00 $20.20 12" Ductile Iron $25.50 $25.51 16" Ductile Iron $38.00 $38.17 20" Ductile Iron $49.90 $49.93 Full Load to Include Polywrap It was recommended to award the bid to Schimberg Company as being the lowest and best bid. The bids received for valves, tapping valves and tapping sleeves were as follows: Utility Equipment $18,810.00 Schimberg Co. $18,950.00 It was recommended to award the valve bid to Utility Equipment as being the lowest and best bid. The bids received for fittings were as follows: Schimberg Co. $33,462.10 Utility Equipment $34,978.70 It was recommended to award the fittings bid to Schimberg Company as being the lowest and best bid. It was moved, seconded and unanimously approved to award the pipe contract for 2008 to Schimberg Company as being the lowest and best bid; to award the valve contract for 2008 to Utility Equipment as being the lowest and best bid; and to award the fittings contract for 2008 to Schimberg Company as being the lowest and best bid. 179 Steve Scharfenberg requested approval to obtain bids to replace the boiler that provides heat for the Office-Meter Room-Garage complex. The current boiler is a segmented boiler with eight sections. The boiler was originally installed in 1994. Six years ago, in 2002, all of the sections were replaced after developing leaks. Last year, leaks redeveloped and three sections were replaced. One additional section is again leaking at this time. Steve has had numerous conversations with contractors, building inspection officials, and others in determining an optimal replacement unit. The consensus of the group is to replace the current boiler with a Thermal Solution EVA- 750 dual copper finned boiler array. The new boiler would be two smaller sequential copper finned boilers, operating either as a single boiler or in tandem, as demand requires. The efficiency, ease of operation, and durability of the proposed system was verified by all advisors. The 2008 capital budget includes $43,000 for replacement of the boiler. It was moved by Kuntz, seconded by Burris, and unanimously approved to authorize advertisement and request of bids for a replacement boiler for the Office- Meter Room-Garage complex. Rick Wilberding requested authorization to obtain bids for a 1-ton cab and chassis 2WD truck with a service body. The larger truck with service body will allow the crews to carry a full complement of tools and spare parts in an organized manner compared to the a regular pickup with tool boxes. This truck will be similar to the 1-ton truck purchased last year and will be used to replace a well-worn 3/4 ton pickup. It was moved, seconded and unanimously approved to obtain bids for a 1-ton cab and chassis 2WD truck with a service body. Dennis Clark reported that the engineering and design work for the 2008 Removal and Replacement of Paving Patches Project is underway. The annual paving patch project has grown in size, based on the number and severity of main breaks. In 2004, paving patches totaled $38,637.20; in 2005 totaled $14,496.75; in 2006 totaled $95,825.91; and in 2007 totaled $133,384.05. The 2008 Water Works budget includes $130,000 for pavement patches. Recent tabulation of the current number and location of patches, in addition to those generated by future main breaks this year, indicates that it is possible that the cost for patches in 2008 may exceed the line item budget amount. It was recommended to proceed with the 2008 Removal and Replacement of Paving Patches Project, and to set the date of Public Hearing as the April 2008 Board meeting. It was moved by Burris, seconded by Kuntz and unanimously approved to instruct the General Manager to prepare plans, specifications, form of contract, etc. It was moved by Burris, seconded by Kuntz and unanimously approved to receive and place on file plans, specifications, form of contract, etc. It was moved by Burris, seconded by Kuntz and unanimously approved to adopt a resolution to preliminarily approve plans, specifications, and form of contract, etc. It was moved by Burris, seconded by Kuntz and unanimously 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 April 16, 2008. Rick Curran, Facilities Manager with the City of Waterloo Leisure Services Department, requested permission from the Water Works to construct a new restroom at the Hoing-Rice Softball Complex. The Complex is on Water Works property, just north of the well field. Waterloo Leisure Services and the Waterloo Softball Association use the Complex for recreational softball activities. 180 A letter from Rick Curran, detailing the request, was presented to the Board. A site plan showing the general location of the new restroom was reviewed. Construction would start in August of 2008 and be completed by the 2009 softball season. There would be no cost to the Waterloo Water Works. It was moved by Burris, seconded by Kuntz, and unanimously adopted to approve the request of Waterloo Leisure Services and the Waterloo Softball Association to build a new restroom at the Hoing-Rice Softball Complex. The following items were reported by management: Dennis Clark presented water pumpage information for February 2008, which was 0.17% more than February 2007. Water pumpage for the first two months of 2008 was 1.12% less than the first two months of 2007. The current market value of the Pension Fund as of February 29, 2008 is the sum of$3,883,477.81. The value of the fund has decreased $118,038.87 in the last month and has decreased $112,955.18 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 $8,974.81 and year to date payments to retirees are the sum of $51,689.12. The General Manager presented updated Board of Trustees historical lists to the Board, showing terms of service dating back to 1910. A list of several major projects and initiatives currently underway or planned for 2008 was presented to the Board. The next regular meeting is scheduled for April 16, 2008 at 8:00 a.m. Upon motion, the meeting was adjourned at 9:56 a.m. BOARD OF TRUSTEES Secretary MEMORIAL HALL COMMISSION February 27, 2008 5:00 p.m. Veterans Memorial Hall Members present: Chairperson Craig White, Phil Thomas, Randall Miller, Richard Hastings, Dennis Garthoff, Marcia Courbat, Don Ticknor, Michael Dennis, Ray Moore, Marilyn Robinson. Members absent: Anthony Tisdale. Moved by Dennis, seconded by Ticknor that the Agenda, as proposed, be approved. Ayes: Nine. Absent: Tisdale, Robinson. Motion carried. Moved Thomas, seconded by Courbat that the Minutes of January 23, 2008, as proposed, be approved. Ayes: Nine. Absent: Tisdale, Robinson. Motion carried. Robinson now present at 5:04 p.m. Treasurer's Report Marcia Courbat gave the February 2008 Treasurer's Report. The commission has sold 2,563 bricks at $50.00 each and 4 bricks at $250.00 each for a total of$129,150.00, with a balance of $8,389.40. There is a balance of $3,725.09 in the General Fund and $1,296.00 in the Special Fund. Chairperson's Report Chairperson White reported that water is damaging the upstairs wall due to the leak in the roof. Chairperson White noted that Lou Cutwright, Building Official/Maintenance Administrator, is working on this project and would like an update on the status of the repairs. Chairperson White also asked for an update on the security system for the building. Committee Reports Education/Historical—Randy Miller reported he is continuing with the Memorial Hall manuscript. Mr. Miller noted he is including pictures in the manuscript and has concerns about copyright laws. Ms. Eckert suggested that Mr. Miller send a letter to the city attorney asking for a legal opinion on use of the pictures. Finance/Fundraising—Marcia Courbat reported she is putting together a letter to John Deere for a grant. It was suggested that the grant could be used for another granite bench or the security system. Ms. Courbat submitted an invoice in the amount of$112.00 from Blackhawk Memorial Co. Inc. and an invoice in the amount of $15.00 from Regal Plastic. Moved by Moore, seconded by Ticknor that invoices in the amount of$112.00 from Blackhawk Memorial Co. Inc. and $15.00 from Regal Plastic be approved and City Clerk authorized to submit for payment. Ayes: Ten. Absent: Robinson. Motion carried. Unfinished Business Michael Dennis reported that a meeting of the Waterloo Memorial Day Parade Committee will be held at 6:00 p.m. today at Memorial Hall. Several commission members will stay for the meeting. Chairperson White reported that the Exchange Club has given the commission authorization to use the Healing Field flags for Memorial Day. New Business The request from the Grout Museum District to use Soldiers & Sailors Park on September 27, 2008 was reviewed. They will be using the park for the Tall Grass Prairie BrewFest. There will be no vehicles on the park, only tents, and the tents will be placed on the grass area only. 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Director SSN 480 68 4098 This is to report that the employment of Donald Temeyer with the City of Waterloo has been severed by reason of: ®Resignation ®Retirement Termination E3Other In accordance with City Policy, it is requested to allow payment which consists of the following: Benefits j�Total Hours ac dourly Rate J[ (f Total Payout Vacation Aectued 48 $38.35 $ 1 ,840.80 Vacation Current _ 144 38.35 5,522.40 Usable Sick Leave x 25% 72 38.35 690.30 Frozen Sick Leave 1,403.87 3g.35 60 32,303.05 Casual Pay 24 38.35 920.40 Comp Time Pay Other Pay Total Payout $ 41 ,276.95 Comments: Approved by �� "' ' �.` Date _ ( O� Personnel Director Age70 Date 3 400 Copies to: White-City Clerk Yellow-Personnel Pink-Department WE'RE WORKING FOR YOU! -A I An Equal Opportunity/Affirmative Action Employer N CO O O O N- O) O (.O CO v 10 (() O c c- v- O N N t (0 1 .c-_-. 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Q 0 o 3 J CT * Q W * 0 c * I C C * 0 O O cn C * * D U a) c c * O * N 0 * O a c * Z o * a) co cn * U N a) * .fl a) * O a) CI_ * C L ca Q 2 Q iiiC ia) OU O 07O 2T O N a) b m . , V' (II 0 c a c N ` co ( N co a)CU (II -E c1 • a) i ,N a > N � 0a i < 0 o • MINUTES COMMUMTY DEVELOPMENT BOARD PUBLIC HEARING FOR CITIZEN INPUT FY2009 CDBG.and HOME PROGRAM February 19,2008 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 stated the Board will hold the hearing,then make a recommendation to the City Council following the 30-day public comment period. The City.Council has the ultimate responsibility to decide which projects will be funded. Board Members present: Jim Carstensen,Mickye Johnson,`GaryRankin and Chairman Eric Johnson:` Board Members absent: Elsie Duncan and Bernie Stroh. Also present: Rudy Jones, Community Development Director; Reggie Schmitt, Steve Schmitt, City Council Liaison; Don Temeyer, Community Planning& Development Director; Ann Northey,Administrative Secretary;Noel Anderson and Chris Western,Planning Department; David Meeks and Jerome Amos, Waterloo Human Rights; Lori Miller, Operation Threshold and Tim Jamison,Waterloo/Cedar Falls Courier. A. APPROVAL OF AGENDA It was moved by Mickye Johnson and seconded by Gary Rankin 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 for the notice of public hearing published in the Waterloo/Cedar Falls Courier on Sunday,February 10,2008 was available for review. It was moved by Jim Carstensen and seconded by Mickye Johnson to receive and place on file the affidavit for the notice of public hearing published in the Waterloo Courier. Motion carried. C. OPEN PUBLIC HEARING It was moved by Gary Rankin and seconded by Mickye Johnson to open the public hearing. Motion carried. Minutes February 19, 2008 Page 2 Chairman Johnson indicated the proposed recommendations from the subcommittee were distributed. The Chairman thanked members of the Board Subcommittee and City Council Liaison for their time and effort in reviewing all the applications. The Chairman noted the funds being allocated to our programs are once again down this year. This continues the downward trend over the past ten years,toward a million dollar decrease in funding. Since our needs are not decreasing,this makes it a difficult task for the subcommittee to make a recommendation. The Chairman stated the purpose of the hearing is to review the subcommittee recommendation and pass a recommendation on to the City Council. The City Council, as elected officials,have the obligation to make the fmal decision on which programs will be funded in FY2009. The Chairman requested that participants interested in addressing the Board step to the podium at the front of the room, stating both their name, and the name of their organization. Jerome Amos, a member of the Waterloo Human Rights Commission indicated the request submitted by David Meeks,Executive Director, for a Fair Housing Coordinator was denied funding. Mr. Amos stated he has been on the commission for several years and after some research, discovered that their request to fund a Fair Housing Coordinator position is an eligible CDBG project. Mr. Amos distributed copies of a memorandum dated January 11,2008 from the Dept. of Housing and Urban Development which supports funding for fair housing programs. ' David Meeks,Executive Director of the Waterloo Human Rights Department,reiterated the concern of the commission that their request was not being funded for the Fair Housing Coordinator. Mr.Meeks asked Board members to review the memorandum of January 11, 2008, which speaks to the qualifying agencies capable of administering programs to further fair housing in the community. He noted the intent of this letter was to remind agencies to further the fair housing programs and activities. Mr. Meeks stated the Waterloo Human Rights Commission is a qualifying entity for the funds and the Fair Housing Coordinator position is a legitimate request. Mr. Meeks cited other correspondence to support his request,noting this must be a new activity,not previously funded. This position has never been funded with CDBG block grant funds. Mr. Meeks suggested the Board and staff contact the Office of Block Grant in Washington D.C.to obtain their own interpretation of this letter. Mr. Meeks also questioned the projects that were funded, and whether they were"new"projects. -Many of the public services funded are not new programs. Commission members feel this is an eligible and adequate request which should be funded to further fair housing in Waterloo and urged Board members reconsider this request. Chairman Johnson inquired of the subcommittee and staff,if this request was denied because it was not eligible? Rudy Jones indicated,this is obviously an eligible activity,but the subcommittee discussed this request,and with the decrease in funding and not meeting some of our regulatory language,it was the subcommittee's recommendation not to fund this request. Minutes ` February 19, 2008 Page 3 Chairman Johnson clarified again to make certain it was understood that the Board and subcommittee realized the Human Rights Commission application was an eligible request, however,due to decreased funding it is not being considered. Rudy Jones stated,that was correct. Discussion continued and David Meeks indicated the commission never received anything in writing as to why their application as denied,but they would like to hear a really good reason why their request is not receiving funds when this is an eligible activity to eliminate impediments to fair housing, one that is recommended by HUD in Washington D.C. Gary Rankin asked if the commission was doing this service now? David Meeks stated they cover issues on a part time basis,but do not have resources for full time coverage for fair housing outreach. The commission wants to be proactive and promote fair housing in this community. Gary Rankin inquired about complaints, do you still investigate them? David Meeks responded they would be investigated,but where we lack expertise is being proactive with landlords and tenants,understanding their rights and responsibilities so we have a welcoming and inclusive community on all issues. This is the bridge or partnership we want to make in this community. Further questions were asked regarding current staffing levels in the Human Rights Department. Chairman Johnson indicated this is not a new issue. In the past it was claimed we were mandated to allocate funds toward this position. David Meeks stated he was encouraging the Board to,support this request because it is an eligible. activity for the use of block grant funds,as outlined in the HUD correspondence presented. Chairman Johnson stated the reason this request was not funded is purely the lack of resources. If we fund this position,then another program will have to be cut. Our administrative budget has already been cut over$100,000 by three positions in Community Development. It is the city's discretion to fund this request,by cutting somewhere else. The Chairman confirmed that all requests being denied are worthy programs, however, funding is simply not available to cover them all. Mickye Johnson stated he was on the subcommittee and the task to allocate is difficult with decreasing funds. He encouraged everyone to contact their congressional representatives to express concern over the decreasing funds for CDBG and HOME programs. Minutes February 19, 2008 Page 4 David Meeks again strongly urged the Board to fund the Fair Housing Coordinator request to ensure that impediments to fair housing would be taken care of in Waterloo. This is the role of the Human Rights Department and there is no one else to manage these issues. The Chairman called for additional comments from the public. No additional comments were received. D. CLOSE PUBLIC HEARING It was moved by Gary Rankin and seconded by Jim Carstensen to close the public hearing. Motion carried. Chairman Johnson stated the Board will now review the Subcommittee's recommendations and recommend approval to the City Council. We need to adopt the proposed recommendation as presented or make changes to the funding levels recommended. FY2009 CDBG and HOME Programs Subcommittee Recommendations Recommended !; CDBG Organization 2-1-2008 Activity Black Hawk Center for Independent Living $ 10,000 Wheelchair Accessible Ramps Operation Paintbrush Caulking and City of Waterloo / Community Development $ 7,000 Painting Exterior of Homes of Waterloo / CommunityPlanning8, Neighborhood Planning& City Development Develop. $ 22,500(Personnel Costs) FY2009 Sidewalk Repair Block Grant City of Waterloo / Engineering Department $ 9,500 Program Zone 8 Demolition of Vacant Dilapidated Clearance and Demolition $ 10,000 Structures Consumer Credit Counseling Services of NE Iowa $ 5,500 Conduct Credit Education Seminars_ Emergency Repairs $ 100,000 Emergency Repairs to Households General Program Administration $ 253,415cDBGAdministration Housing Rehabilitation at 306/308 Walnut Street- House of Hope $ 29,690 Roofing/Painting/Repair Neighborhood Services $ 80,000 City Liaison with Neighborhoods Operation Threshold $ 40,000Weatherization-Plus Program Rehabilitation Administration $ 164,584 Rehabilitation Project Delivery Costs Single Family Owner-Occupied Rehabilitation/Matching Funds for Single Family Rehabilitation $ 575,956 Lead Grant Administrative Expenses for Waterloo Housing Partnership Coordinator Waterloo Housing Partnership Coordinator and and Home Buyer Education _$ 71,428 Home Buyer Education Classes TOTAL CDBG REQUESTS $ 1,379,573 Minutes February 19, 2008 Page 5 HOME Organization Recommended Activity y Annual Allocation HOME City of Cedar Falls $ 75,000 Consortium Funding for Tax Credit Project with Tax Credit Projects $ 58,694 State HOME Funds Iowa Heartland Habitat for Humanity CHDO Allocation. Affordable Homes (CHDORequest) -New Construction and $ 91,199 Rehabilitation Activities Tenant Based Rental Assistance Operation Threshold $ 25,000 Program Single Family Owner-Occupied Single Family Rehabilitation $ 150,000 Rehabilitation Down Payment Assistance-First Time Home Buyers in the Waterloo Housing Partnership $ 150,000 CURA Area Administration $ 61,099 HOME Administration TOTAL HOME REQUESTS $ 610,992 It was moved by Mickye Johnson and seconded by Jim Carstensen to accept the recommendations of the subcommittee for FY2009 Community Development Block Grant and HOME Program budgets as presented. Gary Rankin inquired about the request from Consumer Credit Counseling Services and wondered why this request was being funded again and was it a duplication of services. Chairman Johnson indicated their requests have been funded in the past,however last fiscal year theydid not receive any funding because of a carry-over. Mickye Johnson indicated the reason the subcommittee chose to fund this request is due to the increasing foreclosure rates. Further discussion continued on duplication of services. Councilman Reggie Schmitt stated the subcommittee had these same questions,but once you get into foreclosure you are just prolonging the inevitable. There are other issues usually, and we are targeting the funds where we can do the most good. This also applies to Operation Threshold and their rental assistance program. The Subcommittee discussed that this will be the last year this program will be funded, as these programs need to become self-funded. Gary Rankin also thanked the subcommittee for sorting through the applications as this is a difficult task. Gary shared his opinion, that bricks and mortar projects have more value to him than other areas. He felt that half of the budget is proposed for these types of hard items, like demolition, rehab,ramps, etc. Gary questioned the administrative dollars of$71,000 for the Waterloo Housing Partnership,when the HOME dollars are only$150,000 toward down payment assistance. Minutes February 19,2008 Page 6 Chairman Johnson indicated the Waterloo Housing Partnership Coordinator administers the down payment assistance funds of$150,000, and also teaches the Home Buyer Education Classes. The classes are required to access the down payment assistance funds and other area programs for down payment. This`position also coordinates any additional dollars from the state, such as working with INRCOG. We are continually trying to find ways to blend resources and this position works toward leveraging those dollars. Chairman Johnson stated the Waterloo Housing Partnership Coordinator also works with participating lenders to get their involvement in the.program. Councilman Reggie Schmitt indicated the spreadsheets were changed this year to include the classifications for Public Service,Public Facility,and Housing so we knew which category each request would fall under. We also did the same thing for Administration, and received a breakdown based on last year's time cards and what percentage of time was spent on individual projects by each staff member in Community Development. Chairman Johnson distributed and reviewed his annual chart on the CDBG and HOME Program allocations. Some concerns last year were on Administrative Costs, and the Board recommended these costs be reduced. Those costs were reduced,and hopefully additional administrative funds will be secured with the other grants we receive. Chairman Johnson also noted,the Human Rights Commission request has been an issue enough times,that the Council should make a resolution on this. If this is a position they want us to - fund,then we need to know this. Certainly the Human Rights Commission does wonderful things for the community,however, we as a department also do great things for the city through our programs. Ultimately,it is the City Council's decision on where the funds are spent. This should not be an annual issue and a decision should be made whether or not to fund this position `` with CDBG funds, or not to fund it due to lack of resources. Chairman Johnson requested guidance from the City Council on this issue. Gary Rankin asked staff what measures,if any were being taken to review impediments to fair housing. Rudy Jones stated,we are meeting the needs currently,as we have no issues that have put us in harms way. <Yes,there is always more that could be done,if you have the dollars to pursue it. We are faced with these tough issues every year,trying to decide which projects to fund. We were very fortunate to receive the lead grant funding to give us some breathing room for the next few years. This grant has also helped us to maintain staff levels without further cuts. Rudy stated,the Human Rights request is an eligible project, as was noted,but without the additional dollars to support it,we must focus on the projects prioritized by the subcommittee and city council. These are tough decisions. Councilman Reggie Schmitt mentioned that the Human Rights Department still serves as an intake source for the fair housing initiatives. The process still works because each request is Minutes February 19, 2008 Page 7 investigated at the state level. These investigations are still being handled, even though there is not a person in that position locally. On roll call: Jim Carstensen,Mickye`Johnson, Gary Rankin and Eric Johnson voted Aye. Nays: None. The Chairman declared the motion carried. It was moved by Mickye Johnson and seconded by Gary Rankin to authorize publication of the 30-day comment period (March 1 30,2008) prior to submission to the city council. Motion carried. The Chairman noted,this budget would be set for a City Council public hearing on April 21, 2008. E. ADJOURN chairman Johnson thanked the public for attending and with no further business the meeting was adjourned. Respectfully submitted, Rudy D.Jones Secretary Pro-Tern C N C 0 co co I o o yi_ 000 0 0CCO0 0 zco m zorio c', z o z � v = 0Coc'') zr� cor co z 0 0 0 p N co1.0 Q N N < EREAER < N :. N Q I— _oEA I- 0 0 0 CO CO CO — ♦— U O U O O O U NNN C-)Q N Q W N N N g w w gI- I- NN F- V" aa04 I- Q I ¢ a22 O� c Q p Z p N Z pOr O , T O U U U ,. �- C C.) 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Members present: Jim Carstensen, Mickye Johnson, Gary Rankin and Eric Johnson, Chairperson. Members absent: Elsie Duncan and Bernie Stroh. Also present: Rudy Jones, Community Development Director; Don Temeyer, Community Planning & Development Director; Reggie Schmitt and Steve Schmitt, City Council Liaison;Nancy Gulick, Community Development Coordinator; Ann Northey, Administrative Secretary; and Michael Fain, MidwestOne Bank. A. APPROVAL OF THE AGENDA. It was moved by Mickye Johnson and seconded by Jim Carstensen to approve the agenda as proposed. Motion carried. B. APPROVAL OF THE MINUTES FOR THE REGULAR MEETING AND PUBLIC HEARING ON JANUARY 15,2008. It was moved by Mickye Johnson and seconded by Gary Rankin to approve the minutes of the regular meeting and public hearing held on January 15,2008. Motion carried. C. OLD BUSINESS. None. D. NEW BUSINESS 1. Endorse Rehabilitation Contracts for January 2008. Rudy Jones indicated the rehabilitation program has a boost by utilizing BEDI funds and the Lead Grant funds to get a few more projects underway. There were no further comments regarding the January Rehabilitation Contracts report(copy attached). It was moved by Jim Carstensen and seconded by Mickye Johnson to endorse the January 2008 Rehabilitation Contracts. On roll call: Jim Carstensen,Mickye Johnson, Gary Rankin and Eric Johnson voted Aye. Nays: None. The Chairman declared the motion carried. 2. Request from MidwestOne Bank on Down Payment Assistance Program. Minutes February 19, 2008 Page 2 Chairman Johnson indicated MidwestOne Bank is acting as the facilitator to bring up discussion on the home at 116 Chestnut. Rudy Jones explained the down payment assistance program has funds available for existing units, and some additional funds for new construction where HOME funds are utilized in the construction process. This request from MidwestOne is to waive the guidelines to allow this particular dwelling at 116 Chestnut,to receive additional down payment funds for new construction, even though the developer did not apply for the funds prior to construction. Chairman Johnson explained that the Board specifically funded some developers up to $10,000 per unit on new construction. Now we have a newly constructed dwelling, but the developer was not on our approved developer list, however they are requesting the additional down payment for their new construction home. Chairman Johnson questioned if they were eligible for the minimum down payment assistance amount of $6,000 and now they are asking for $10,000 more in HOME funds. Rudy Jones stated he was not certain of the minimum down payment amount, but we added an additional $6,000 in down payment assistance on top of the 7% for down payment assistance. The builder was not eligible for the 10%, but they are asking for the additional $6,000 for down payment on top of the 7%we provide for any housing unit. Chairman Johnson asked if this was eligible and requested a staff recommendation. Rudy Jones stated the staff reviewed this request and it is not eligible based on the HOME program guidelines. We are not aware of any environmental work that may have been done on this project. We do know for certain that the dwelling is in the flood plain, which triggers certain criteria that must be met for the construction. When we provide HOME funds for a project, clearance must be made before any construction begins. Chairman Johnson asked what criteria is necessary to qualify. Rudy Jones stated the HUD criteria necessary is location, affordability, and environmental concerns. Knowing the background on this particular unit, it would not meet the necessary criteria. Mickye Johnson rephrased that this property does not meet the HUD standards and that is why staff feels it is not eligible for additional assistance. Rudy Jones indicated that was correct. This project in particular did not meet the environmental standards that were required of other developers. The location selected must especially meet certain criteria, as you cannot build close to railroads, etc. Because this dwelling was built in a flood plain, we do not know what measures were taken to alleviate environmental issues prior to this construction. Gary Rankin indicated he was not clear on the request. Is the buyer asking for $6,000 on the home? Minutes February 19, 2008 Page 3 Rudy stated yes, the buyer is asking for an additional $6,000 for down payment assistance for a new construction unit. The base down payment assistance is 7% and that could be on any existing unit. We added additional HOME dollars for down payment for new construction units to those developers who used HOME funds in the construction of the units. Gary Rankin stated, this was in addition to the $10,000 given to a qualified developer for the home? So, the $6,000 would be an additional down payment for the buyer of that new construction home? Rudy Jones indicated that was correct. Mike Fain, MidwestOne Bank indicated his buyer, Mr. Iverson Holmes had been working with Donna Lesyshen for down payment assistance funds, however, was advised he would probably not be eligible for the additional down payment amount. Mr. Fain stated that Mr. Holmes's application for financing has been approved at Veridian and we are simply asking that you consider awarding the additional down payment assistance to this project since this is a new construction home. Mr. Fain also indicated since the completion of the project, flood insurance has been placed on the property, but he was not familiar with other requirements needed when a property is in the flood plain. He noted they would continue to encourage Mr. Holmes to apply for assistance from the Waterloo Housing Partnership office. For discussion purposes, Chairman Johnson posed the question, if this project did meet all the criteria would we be able to award the extra down payment funds, after the fact in this situation? Rudy Jones indicated this is a policy question and we should not set that precedent, as this was intended for the larger populace and not to open up discussion for individual requests. Once that happens, it possibly could cause additional challenges for other new construction units that may come to light after the fact. Gary Rankin stated, not to mention we designate funds for these programs based on a budget. Setting a precedent is the important factor. If we allow it in this situation, what happens when there are not enough funds and we must cut out someone else. The developers in the program from the start are the ones that should be funded. Chairman Johnson mentioned it is easier to set the criteria and get someone to qualify up front, than after the fact. He asked if all the new construction funds had been utilized? Our goal is to encourage new construction. If we are unable to get rid of the funds with our current policy, should we implement some after-the-fact policy to increase participation? Rudy Jones noted we have not utilized all of the funds, but we do have the Lafayette area designated to use these funds and RFP's will be going out soon. It was moved by Gary Rankin and seconded by Mickye Johnson to deny the request for the additional $6,000 of down payment assistance toward purchase of the property at 116 Chestnut. Motion carried. Minutes February 19, 2008 Page 4 E. DISCUSSION ITEMS: 1. Casino Funds for Emergency Repairs. Rudy Jones reported $85,000 has been received from the Black Hawk County Gaming Commission to assist us in making additional Emergency Repairs. We ran out of CDBG Emergency Funds in December. We experienced only a small down time in processing applicants. Four new roof projects were approved by the City Council and will start as soon as weather permits. We are hoping these extra casino funds will carry the Emergency Program through the spring. 2. HUD Lead Grant Reports. Rudy indicated the quarterly HUD reports were just submitted and these will be added to the Board packet information on a quarterly basis, both for the Lead Grant and the EPA Grant with the County. We are beginning further marketing with mass mailings and projects are underway to utilize these funds. 3. Community Development Week Recognition (March 24-30,2008) Rudy Jones indicated each year the CDBG programs are recognized nationwide,usually in April. This year it has been moved up to March and staff has talked with the media to get some coverage on our programs. We definitely need to mention that the declining funds over the last five-six years are making an impact on our programs. Rudy asked Board members to get the word out and to make contact with our state representatives that the decreasing funds hurt us at the local level. Chairman Johnson asked if we should send a letter to the representatives to highlight these concerns. Following discussion, staff was directed to prepare letters to the congressional staff for Board Members to sign, and mailed out during National Community Development Week. The Chairman reminded Board members that the FY2009 CDBG and HOME Programs Public Hearing would begin at 5:00 p.m. to review Subcommittee recommendations. F. ADJOURN MEETING With no further business to come before the Board,the Chairman adjourned the meeting. Respectfully submitted, Rudy D. Jones, Secretary Pro-Tern Akt ,,�: c�Tv of W� � t.�,ro. WATERLOO , IOWA WATERLOO POLICE DEPARTMENT �.14•1 "'0 715 Mulberry Street •. Waterloo, IA 50703 • (319) 291-4339 Fax (319) 291-4332 en 00 ` " THOMAS J.JENNINGS • Chief of Police March 24th, 2008 Mayor TIMOTHY J. HURLEY TO: Mayor Tim Hurley City Council Members COUNCIL MEMBERS FROM: Thomas J. Jennings Chief of Police REGINALD A. SCHMITT SUBJECT: Personnel Appointments ward I CAROLYN COLE As per the Iowa Code, Chapter 400, and as authorized by the Mayor and Want 2 Council, I will be appointing the following individuals to the position of Police Officer: HAROLD GETFY Ward.3 Nathan Watson Matthew Miller JOHN A. Mark Nissen KINCAID Ward 4 Tammera Babb Michael Girsch RON Vaska Tosic WELPER Ward 5 Their appointments will be effective Monday, March 31, 2008. BOB GREENWOOD I would like to request the April 7th, 2008 council meeting for their Oath of At-Large Office. ERIC GUNDERSON At-Large Cc: Nancy Eckert, City Clerk/ Michelle Weidner, CFO Robert Stringer, Personnel File 0..00,o0 6 WE'RE WORKING FOR YOU! rn VIGILANCE An Equal Opportunity/Affirmative Action Employer ►�, i� CITY OF WATERLOO , IOWA City Hall • 715 Mulberry Street 50703 • (319) 291-4303 ."��`Tip o�� Today's Dote 3/25/08 crioo ` 2/17/08 Effective Date Employment Date 9/1/7 3 Mayor To: City Council Members JOHN ROOFF Re: Notice of Severance Department Classification Captain SS�I 482-60-9825 This is to report that the employment of R. Bruce Arends with the City of Waterloo has been severed by reason of: °Resignation Retirement 0 Termination 0 Other In accordance with City Policy, it is requested to allow payment which consists of the following: Bene cts jITotal Hours II x Hourly Rate=II JI Total Payout Vacation-Accrued Vacation Current Usable Sick Leave payback 32 $34.25 1096.00 Frozen Sick Leave Casual Pay - Comp Time Pay Other Pay ? ---- Total Payout $1096.0 Comments: Captain Arends had 32 hrs of his sick time deducted from his final payout based on s use of sick time. The City Council changed this practice. —Approved by Date 3/25/08 Human Resources Date 3/7-6/eg Copies to: White-City Clerk Yellow-Personnel Pink-Department WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer ► = �� CITY OF WATERLOO , IOWA 1 um, frq.. City Hall • 715 Mulberry Street 50703 • (319) 291-4303 �d 0 Today's Date rerlo° Effective Date 3-7 Of Employment Date Mayor To: City Council Members JOHN ROOFF Re: Notice of Severance ® Department 4/&L��ro� aist.10. Classification/U44‹. d ekAfra 6 '" SSN 9 '.4p2 O 57-3 This is to report that the employment of -4 /1 ig/Zeiti with the City of Waterloo has been severed by reason of: G Resignation 0 Retirement 0 Termination ®Other In accordance with City Policy, it is requested to allow payment which consists of the following: Benefits Total Hours 1x Hourly Rate it Total Payout Vacation-Accrued � /5, o ,22,5® Vacation Current 30 Usable Siclr.Leave x 25% Frozen Sick Leave %o Casual Pay Comp Time Pay 75 /.j i AO Other a (094 �!�Askx" ..,?/5 ' /ert Total Payout /Y3. 75— Comments: X Approved by Date .3 Human Resources _C Date 3/ /0C Copies to: White-City Clerk Yellow-Personnel Pink-Department WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer MINUTES WATERLOO REGIONAL AIRPORT BOARD Regular Meeting January 23, 2008 I. ROLL CALL. Pat Cole declared a quorum and called the meeting to order. Board members present were Pat Cole, Tom Schellhardt, Cynthia Goro, and Steve Dust. Director Brad Hagen, Drew Andersen, Courier, and Frank Dowie, PDCM Insurance, were present. II. AGENDA AS RECEIVED OR AMENDED. No requests to amend agenda. III. PUBLIC COMMENTS. None. IV. REPORTS A. Airport Director's Report. Frank Dowie of PDCM Insurance discussed the airport's insurance options. The current insurance provider for the airport, Phoenix Aviation, was the only company that provided a quote, but was still considered as the airport's best option of the five companies under review. Mr. Dowie reviewed the previous insurance premiums through Phoenix Aviation beginning with the amount of $15,900 in 2006, $19,100 in 2007, and the expected premium of$20,628 for 2009. Mr. Dowie mentioned that Phoenix Aviation insured other airports around the state including Cedar Rapids and Des Moines, stating it was a solid insurance company. Mr. Dowie and the Airport Board discussed appropriate limit coverage's and deductibles for an airport our size. Director Hagen began his report discussing the standard budget for December 2007. Revenues for December 2007 were almost exact to the previous year, stating a difference in cash timing for this months billing, due to a delay in a rent and lease numbers from Mesaba, which will place that amount onto the next months revenues. A line item was created for the December 2007 budget to show the breakdown of revenues from rent and lease. Director Hagen explained that the airport receives a 10% commission from each car rentals gross income. Director Hagen stated currently the airport is 6% ahead of revenues YTD. Expenses were reviewed with nothing unusual to report. Pat Cole inquired about the budget process. Director Hagen replied, stating the budget process is in its beginning stages and is going to be discussed with city officials in the next couple weeks, but he would appreciate suggestions from board members within the next week. ALO airfares were discussed and found to still be reasonably competitive. Pat Cole commented that travel agents and officials in the city are monitoring the airfares. Director Hagen also mentioned that the new terms for airport board members have been approved. Pat Cole stated that it takes a while to learn the operations of an airport. V. BOARD APPROVAL B. Approval of Minutes of December 19, 2007 regular meeting. Pat Cole moved to approve the minutes. Tom Schellhardt seconded. Ayes: Schellhardt, Goro, Dust, Cole. Motion passed. C. Motion to Receive and File December 2007 Expenses. Director Hagen stated that there are no non- reoccurring expenses to discuss. Pat Cole moved to receive and file December 2007 expenses. Tom Schellhardt seconded. Ayes: Schellhardt, Goro, Dust, Cole. Motion passed. D. Approval of FY09 Operating Budget. Director Hagen stated projected expenses for FY09 are 7% higher producing an operating income loss of$31,452, but is expected to be back at zero within the next couple of months. Director Hagen explained to board members that certain expenses from the budget are already included when the airport receives the budget from the city. Tom Schellhardt asked if Director Hagen could highlight the expenses that are already established by the city. Pat Cole and Director Hagen discussed the price of gas as an airport expense versus the sale of gas to the car rental companies and the effect the economy has had on airport revenues. Tom Schellhardt commented on the constant expense for building maintenance even with a fairly new terminal. Director Hagen stated most of the expenses are operational, and a majority of money for bigger projects, such as hangar doors, is originated through grants. Pat Cole moved to approve FY09 operating budget. Tom Schellhardt seconded. Ayes: Schellhardt, Goro, Dust, Cole. Motion passed. E. Approval of Hertz Car Rental Lease. The Hertz car rental lease is an on-site renewal lease for the term of three years that will commence the 1st day of March 2008 and end on the 28th day of February 2011. The airport receives a ten percent (10%) concession recovery fee of the company's monthly gross sales. Cynthia Goro suggested that the terms of both the Hertz and Avis lease be changed to one year instead of three to leave room for the possibility of an increase in traffic. Pat Cole moved to approve the Hertz car rental lease. Tom Schellhardt seconded. Ayes: Schellhardt, Goro, Dust, Cole. Motion passed. F. Approval of Avis Car Rental Lease. The Avis car rental lease is an on-site renewal lease for the term of three years that will commence the 1 St day of March 2008 and end on the 28th day of February 2011. The airport receives a ten percent (10%) concession recovery fee of the company's monthly gross sales. Pat Cole moved to approve the Avis car rental lease. Tom Schellhardt seconded. Ayes: Schellhardt, Goro, Dust, Cole. Motion passed. G. Approval of Enterprise Off Airport Car Rental Lease. The Enterprise car rental lease is an off premise lease for the term of three years commencing on the 1st day of March 2008 and ending on the 28t day of February 2011. The off premise agreement allows Enterprise to pick up and drop off its customers at the airport. Director Hagen reviewed the idea of a drop box inside the airport terminal, which would allow Enterprise customers to deposit rental vehicle keys. Director Hagen also stated that parking has already been established with Enterprise and the other two car rental companies currently at the airport. Director Hagen also stated that this is the exact same agreement the Mason City Airport has with Hertz. Enterprise is required to pay the airport ten percent (10%) of the company's gross receipts. Tom Schellhardt inquired about the auditing process found on page three of the lease. Pat Cole moved to approve the Enterprise off airport car rental lease. Tom Schellhardt seconded. Ayes: Schellhardt, Goro, Dust, Cole. Motion passed. H. Approval of Travel Request — Airline Networking Conference. Steve Dust, president of The Greater Cedar Valley Alliance, and Director Hagen will be attending a networking conference hosted by Allegiant Airlines on February 5-7, 2008 in Las Vegas. The conference is for pre-existing and potential markets. Director Hagen's travel expenses total $908.00 while Steve Dust has coordinated his travel expenses with The Greater Cedar Valley Alliance. Pat Cole moved to approve the travel request for an airline networking conference. Tom Schellhardt seconded. Ayes: Schellhardt, Goro, Dust, Cole. Motion passed. VI. OLD BUSINESS. VII. NEW BUSINESS. Air Service Development Plan Update. Director Hagen stated that himself, Steve Dust, and the rest of the Air Service Development Committee have been working with ME&V to create a strategy for the conference. Steve Dust stated the first part of the strategy was to aggressively begin pursuing other airlines that have found the Iowa mid-continent area critical already. Steve Dust went on to explain the second part of the market strategy is to begin recruiting airlines that are not traditional carriers, stating that there are more of those that are extremely low-cost or intermittent-schedule operations. The group plans to be aggressive when it comes to attracting new business to the area. Director Hagen briefly reviewed a handout from a city planning session that discussed the City of Waterloo's vision for the future including regionalization as a goal for the Cedar Valley. Steve Dust has spoken with Mayor Crews and Mayor Hurley to develop guidelines for the plan to regionalize the area. Swift Trip Booking Engine - Airport Website Director Hagen explained the Swift Trip booking software as an online booking engine for business or leisure travel. The general public can access airfares through the Waterloo Regional Airports website. The software will access all search engines on the web for the lowest airfare as well as generate specific reports for the airport. Eighteen airports across the nation currently use this software. There is a $1000.00 charge up front along with an ongoing monthly charge of $102.00. The representative for Swift Trip could not be present at the meeting, so it will be discussed in greater detail at next months meeting. VIII. ADJOURNMENT. Pat Cole moved to adjourn the meeting. Tom Schellhardt seconded. Ayes: Schellhardt, Goro, Dust, Cole. Motion passed. Respectfully submitted, Pat Cole, Secretary Ie r. MINUTES CITY OF WATERLOO, IOWA PLANNING, PROGRAMMING AND ZONING COMMISSION REGULAR MEETING - 4:00 P.M. FEBRUARY 5, 2008 The regular meeting of the Waterloo City Planning, Programming, and Zoning Commission was called to order at 4:01 p.m. by Vice-chairperson Moser on February 5, 2008 in the City Hall Council Chambers. Members present were: Craft, Evans, Fossell, Grimm, Johnson, Loggins, Moser, Orchard and Powers. Members absent were: Burt and Loveless. Others present: Don Temeyer, Noel Anderson, Aric Schroeder, Chris Western, Shane Graham, and Tim Andera—Planning Department; and approximately 5 citizens. I. Approval of the Agenda Temeyer noted that staff is recommending to table Agenda Item F1, due to there being a family emergency for the applicant. It was moved by Craft, seconded by Grimm to approve the agenda, subject to tabling Agenda Item Fl. Motion carried unanimously. II. Minutes from the Regular Meeting on December 4, 2007. It was moved by Craft, seconded by Grimm to approve the minutes as submitted. Motion carried unanimously. III. Financial Reports: November and December 2007 Temeyer gave the financial report, noting that the budget is currently on target for the fiscal year. It was moved by Orchard, seconded by Orchard to receive and place on file the financial reports for November and December 2007. Motion carried unanimously. IV. Oral Presentations No Oral Presentations were given. V. Agenda Items A. Election of Officers 1. Election of a Chairperson and Vice-chairperson for the term ending December 31, 2008. Moser noted that Rev. Ed Loggins had been appointed to the Commission to represent the Human Rights Commission, replacing Warren George who left in December of 2007. Loggins noted that he has spent most of his life in Waterloo, and was a graduate of East High School, and is a graduate of UNI. Loggins also noted that he is a member of the Roosevelt Neighborhood Association, as well as a member of Neighborhood Partners. Loggins noted that he is pleased to be a part of the Commission, and looks forward to the time he gets to spend with it. It was moved by Evans, seconded by Grimm to nominate Moser as Chairperson with term ending December 31, 2008. Motion carried unanimously. Planning and Zoning Commission February 5,2008 It was moved by Fossell, seconded by Evans to nominate Grimm as Vice-chairperson with term ending December 31, 2008. Motion carried unanimously. B. Hearings—Zoning Amendments 1. Request by Deer Creed Development LLC to rezone approximately 118.63 acres from "M-2,P" Planned Industrial District to "B-P"Business Park District on property located along Greyhound Drive,just north of 3250 Greyhound Drive and west of 2015 West Ridgeway Avenue for the development of a business park. It was moved by Grimm and seconded by Craft to receive and place on file the statement of verification at 4:06 p.m. Motion carried unanimously and Moser declared the hearing open. Andera gave the staff report noting the applicant is requesting approval of the rezone for the purpose of establishing a business park near the former Greyhound Park. Andera noted that the proposed rezoning would coincide with already existing development and proposed land uses in the vicinity, as currently there is nearby light industrial uses in the area. Andera noted that the rezone area would have access to Highways 20 and 63, as well as West Ridgeway Avenue. Andera noted that in recent years, this area has seen additional interest from potential developers, and currently Mauer Eye Center is constructing a new 25,000 SF office in the park, and there are plans to construct a Gold's Gym to the south of that once more lots sell in the park. Andera noted that the applicant has noted that developers have expressed interest in the area, but had concerns and reservations with the land being zoned for industrial development, as well as noting that changing the zoning designation to Business Park would potentially be a better marketing tool for the area. Andera also noted that it may be necessary to amend the Future Land Use Map at some point to reflect this area as Business Park, as currently, it is shown as Industrial. It was moved by Johnson, seconded by Powers to close the Public Hearing. Motion carried unanimously. It was moved by Powers, seconded by Evans to approve the request. Motion carried unanimously. C. Special Permits 1. Request by J. Andy Walser on behalf of Northeast Iowa Foodbank for a Special Permit to allow for the establishment of the Young Life youth meeting place, a recreation and religious facility, within the easterly 2,000 SF of the building at 129 Plaza Circle,just south of Ridgeway Avenue. Graham gave the staff report noting that the applicant is requesting approval of a Special Permit for the purpose of establishing a 2,000 SF youth recreational and religious facility at 129 Plaza Circle. Graham noted that the request would not appear to have a negative impact on the traffic conditions, as it is an existing building with existing off-street parking, although it would appear that the site would be deficient of the number of parking stalls required, which is 38. Graham noted that typically when an event is held, there are usually between 10-20 cars on site. Graham noted that the applicant will be requesting a variance from the Board of Adjustment for the parking deficiency, as well as noting, it will be junior high school and high school students utilizing the facility, and most do not have cars. Graham noted that there are 220 students enrolled in the program, and the average attendance at each of the events is approximately 25 students. Graham also noted that the applicant is a requesting a variance to the setback, as a religious facility must have a setback of 2' per 1 foot of building height, and this building is 13' tall and would require a 26' setback. Graham noted that being this is an existing building, it would not appear to have a negative impact on the area. Johnson, Evans and Loggins noted that they would be abstaining from the vote, noting that they each have a conflict of interest. - 2 - Planning and Zoning Commission February 5,2008 Loggins questioned what types of activities are planned for the new center. Andy Walser, Black Hawk Area Young Life Director noted that plan on having youth ministry meetings, which typically last 90 minutes, which involve games, small group discussion, snack and music. Loggins questioned what schools are served by the center. Walser noted that they have students from Peet, Hoover, Saint Edwards and Central middle schools, as well noting students attend the center from West, Columbus and East high schools. Beverly Lind, 219 Hillcrest Road noted that do not necessarily object to the request,but she does have concerns with the request, noting that the surrounding area is mostly populated by residents 55 years of age and older, noting that the Ridgeway Towers complex is directly east of the property in question. Lind noted that she had a concern for the safety of the teenagers attending the center, noting that there is only one access point to the property from Ridgeway Avenue, and there is only sidewalk along the south side of Ridgeway Avenue from Hillcrest Road, east to Kimball Avenue. Johnson noted that Northwestern Mutual is going to own the building, and they will have their group benefits division in one half of the building, and the youth center will be in the other half. Johnson noted that the landlord will be in one half of the building, and will monitor the activity of the young life center. Johnson noted that he has children that attend these youth groups at times, and noted that from what he has seen, they are very well organized meetings. It was moved by Grimm, seconded by Craft to approve the Special Permit. Motion carried 6-0 with Evans, Johnson and Loggins abstaining. 2. Request by InVision Architecture on behalf of the Waterloo Community Schools for a Special Permit to allow for the redevelopment of McKinstry Elementary School, including a new 78,900 SF building at a 113-stall parking lot and related recreational facilities located south of the existing school at 1410 Independence Avenue. Anderson gave the staff report noting that the applicant is requesting approval of the Special Permit for the purpose of constructing a new elementary school to the south of the existing school at the southeast corner of Independence Avenue and Idaho Street. Anderson noted that the request would appear to have a positive impact upon the neighborhood and community, as it would serve the surrounding neighborhood and continue the redevelopment of the Waterloo Community School District. Anderson noted that there are pedestrian sidewalks in the area for students and parents to utilize. Anderson noted that a portion of the property is located within the floodplain, however, no portion of the new building would be constructed within the floodplain. Anderson noted that the school's main entrance will face Idaho Street on the west side of the building, as well as noting the new 113-stall parking lot will be on the west side of the building and have access to Idaho Street. Anderson also noted that bus traffic will be directed to the Independence Street entrance, which will be on the north side of the building near the gymnasium. Anderson noted that the site plan would appear to meet all requirements for zoning, including setbacks, etc. Anderson noted that they have not received a landscaping plan at this time, and staff will continue to work with the architect to obtain one. Fossell and Loggins both noted they would be abstaining from the vote, noting they both are involved with the Waterloo School District. It was moved by Craft, seconded by Grimm to approve the Special Permit. Motion carried 7-0 with Fossell and Loggins abstaining. - 3 - Planning and Zoning Commission February 5,2008 D. Plats 1. Request by Schenk Engineering on behalf of Lockard Development, Inc. for the Preliminary and Final Plat of Tower Park No. 4 generally located west of 305 Tower Park Drive, at the southeast corner of Tower Park Drive and Winn Street for the purpose of a one-lot commercial development. Andera gave the staff report noting that the applicant is requesting approval of both the preliminary and final plats, which consists of 8.57 acres, for the purpose of establishing a one buildable commercial lot located south of the existing Tower Park Office complex. Andera noted that the property was rezoned from "C-2" Commercial District to "C-2,C-Z" in June of 1987, noting that the rezoning of the land to a Conditional District was to insure that there be some long range planning and coordination of future development, as well as keeping development in harmony with the existing residential development on the north side of San Marnan Drive. Andera noted that the creation of a another building lot will be another addition to the already expanding San Marnan corridor between West 4th Street and Kimball Avenue, noting that to the east of the site, Cedar Valley Medical Associates and CBE Group constructed new buildings in 2005. Andera noted that the site can be served by sanitary sewer and storm sewer, as well as noting that appropriate easements are shown and provided for the maintenance of the existing utilities in the area. Andera noted that there are drainage easements on both the east and west sides of the plat, and storm water runoff will drain into these easements and drain south under Highway 20 and pond in an existing water detention basin south of the highway. Andera noted that at the Technical Review Committee, members noted that there needs to be wording put into the deed of dedication noting that the property owner of Lot 1 is responsible for maintaining the area shown as Tract`B"on the plat between Winn Street and Highway 20, as well as noting the deed of dedication needs to reference Tract "A" as either existing public right-of-way, or as right-of-way to be dedicated. Moser questioned if the staff recommendation should include that the area labeled as Tract`B" shall be maintained by the owner of Lot 1, as well as noting that Tract"A"be written into the deed of dedication as existing public right-of-way, or as right-of-way to be dedicated. Andera noted that the Commission could add that as a recommendation. Fossell questioned what the implications are that a portion of the proposed plat fall within the Highway 20 Corridor Overlay District. Andera noted that a small portion of the lot does fall within the corridor overlay area, however, does not see portions of a new building falling within corridor regulations. Andera noted that he foresees future landscaping areas on the proposed plat having to meet additional guidelines written into the Highway 20 Overlay Ordinance. Andera noted that if portions of a new building are affected by the corridor overlay, there are some additional guideline standards written into the Ordinance as well. Fossell questioned if this should be included in the staff recommendation. Temeyer noted that the developer should be aware of this, and once there is a transfer of property, this should be noted within the deed. Craft questioned if Winn Street is going to be a dead end street, or will it end at the entrance of Cedar Valley Medical Associates. Andera noted that the street is already in place and ends at that particular parking lot. It was moved by Evans, seconded by Grimm to approve the request, subject to 1) that it be written into the deed of dedication that the owner of Lot 1 be responsible for maintaining the area located between Winn Street and Highway 20, and 2) that it be written into the deed of dedication that Tract "A"be listed as existing public right-of-way, or as right-of-way to be dedicated. Motion carried 8-0 with Johnson abstaining. E. Street Namings 1. Request by the City of Waterloo to rename Phillip Street to "Phillips Street"between Martin Luther King Jr. Drive and Albany Street. - 4 - Planning and Zoning Commission February 5,2008 Schroeder gave the staff report noting that the City of Waterloo is requesting the approval of the request for the purpose of having Black Hawk County and the City of Waterloo records reflecting the correct street name as "Phillips Street". Schroeder noted that the original plat of the area indicates the street as "Phillip Street"with no "S" at the end of the word Phillip. Schroeder noted it has been carried on the Black Hawk County real estate mapping page and the City of Waterloo records incorrectly as "Phillips Street" (S included). Schroeder noted that approving this request would correct this problem. Schroeder noted that recently, new street signs were placed that include the "S", and changing the street name would correct this, and only two residences would be affected, and staff does not foresee any affect on those properties. It was moved by Powers, seconded by Grimm to approve the request. Motion carried unanimously. F. Vacates/Encroachments 1. Request by Cora J. Turner for an Encroachment Agreement to allow a fence to encroach into the public right-of-way of Newell Street at 616 Newell Street. The request was tabled to a future meeting date. G. Plans and Studies 1. Logan Avenue Urban Renewal and Redevelopment Plan Amendment No. 1. Western gave an overview of the key areas of the proposed amendment, noting that the urban renewal area would include areas such as the Walnut Court Neighborhood, Longfellow School area in attempts to encourage additional development in these areas that have lacked development over the past years. Western noted that there are a large amount of vacant properties within this urban renewal area, and this plan is intended to provide an additional incentive for developers to begin an infill of existing lots with new residential dwellings. Western noted that the Highway 63 Corridor is included in this area, as well as the former Chamberlain Manufacturing site, which is currently going though an asbestos remediation phase, with anticipated demolition of the property coming in the near future. Western noted that once Chamberlain is gone, there are plans to develop that property into green space for the neighborhood, which would including relocating athletic fields from some areas of Gates Park to the site, as well as noting there are preliminary plans for a recreation center on the site. Western noted that there are not plans to have commercial or residential development on the site, noting that with the contamination in the area, it would not be a suitable place for this type of development. Fossell questioned why it is okay to put a park in an area that is contaminated. Western noted with housing development,basements would be put in, which would require digging into the soil, which would possibly dig into contaminated dirt. Western noted with the Chamberlain site, approximately 6 inches of fill would be brought in and"cap"the site, making it suitable for certain types of development such as this. Fossell noted that it just does not seem logical to establish a park on a contaminated site. Western noted that these ideas are preliminary and were given at a public input meeting, and the plans can change if needed. Loggins noted that he is familiar with the Walnut Court Neighborhood, and questioned if the City is relying on private investors to rehabilitate that neighborhood. Western noted that the City is searching out private investors for this area. Western noted that the Highway 63 CDC Commission has adopted areas such as the Walnut Court Neighborhood and the Longfellow School areas as places of special interest, and the CDC will work to attract redevelopment of these areas. Loggins questioned if staff foresees any problems attracting developers to these areas. Temeyer noted that it is going to take the full effort of multiple organizations to begin getting redevelopment in the urban renewal area, and it will take some time. - 5 - Planning and Zoning Commission February 5,2008 It was moved by Evans, seconded by Craft to approve the request. Motion carried 8-0 with Loggins abstaining. H. Discussion/Possible Action Items 1. Request to consider additional changes to the City of Waterloo Zoning Ordinance. Schroeder noted that the Planning and Zoning Commission has made their recommendation to approve the changes to the Zoning Ordinance, however, the City Council has not adopted the amended Zoning Ordinance yet. Schroeder noted that Jeri Thornsberry has submitted some proposed changes to the Zoning Ordinance, specifically to the "M-2" Heavy Industrial District, and "M-2,P" Planned Industrial District. Schroeder noted that the "M-2" district allows for any use whatsoever, noting that the Thornsberry has concerns with having any use being able to go in the "M-2" district without additional review. Temeyer noted that other departments such as the Fire Department or Waste Management are included on the mailing list for the Technical Review Committee, and are invited to participate and provide comments on agenda items if needed. Moser questioned what other existing businesses are located within in"M-2" Heavy Industrial Areas. Schroeder noted that the downtown John Deere site is zoned"M-2", as well as "M-2" areas east of the airport along Wagner Road and Airline Highway are zoned"M-2" as well. Schroeder noted that staff wanted to bring this before the Commission, and recommends discussing at a future meeting. Moser questioned what the status is on allowing vertical steel siding on accessory buildings no larger than 200 SF. Temeyer noted that City Council initially recommended that the maximum size for an accessory building with vertical steel siding should be reverted back to 120 SF, but then recommended to increase it to 200 SF, and have not yet made a final determination. Temeyer noted that the applicant petitioning this request has appeared before the City Council asking them to reconsider the request. Loggins questioned what the zoning is for the Chamberlain Manufacturing property. Schroeder noted that he believes it is zoned"M-2" Heavy Industrial. VI. Adjournment With no further business to discuss,Moser declared the meeting adjourned at 5:10 p.m. Respectfully submitted, Aric A. Schroeder, Secretary - 6 - WATERLOO CONVENTION & VISITORS BUREAU 33ealft0 St iAlli m s tetetua'ty 19, 2CC8 Present: Christa Miehe, Warren Bellinger, Mary Swehla, Bob Fahr, Beth Knipp, Heather Prendergast, Jennifer Heller, Eric Bertch, John Bunge, Jay Crisp, Cary Darrah, Jeff Kutz, Rose Middleton, Kim Burger, Paul Huting, Steve Dust, Lonnie Elmore,Aaron Buzza, Kelly Kimmich and Susan Lewis. Absent: Linda Gowdy, Dave Buck, Ron Welper, and Bob Justis. Minutes: January minutes were approved. (Bellinger/Bunge) Financials: January financials were approved. (Crisp/Knipp) President's Report: Ms. Miehe reported that the City Council approved our grant recommendations. Some of the City Council had to abstain from certain grants because they are on the Board of some of those organiza- tions. Some changes will be made to the application form for 08-09. She welcomed the bowlers to town for the first of many weekends they will be in the Cedar Valley. Staff Reports: Ms. Elmore has been working with the Grout with their opening in November. November 15 the American Legion Conference will be in Waterloo. Ms. Elmore is looking for at least one band for a parade that will be held during their conference. Mrs. Lewis reported on the trips it Des Moines for Tourism Legislative Showcase and again for the Cedar Val- ley reception as well. Ms. Kimmich has been working on the Tarzan conference and has been busy lining up things for the Sales Man- ager who will start on February 26. Brooke Burnham will be joining the staff thanks to the combined efforts of the Exec Committee and Mr. Buzza. We are looking forward to having Brooke on our team. Liaison Reports: Ms. Burger reported she had attended America Bus Association representing both cities. They are going to attend a sports show in St. Louis in a couple of weeks. She also announced the Tourism Award Lun- cheon in May and invited the Board to nominate organizations/people for these awards. Mr. Huting reported that he is still attending meetings on the EXPO plaza. They have been working with Jay Stoddard for My Waterloo Days. The concerts will be held at Young Arena. There will be a Styx concert at Riv- erfront Stadium on August 30. Golf rates went up a dollar a round and $50 for a season ticket. Mr. Dust reported the addition to their staff. Diane Caley has joined the Alliance as Controller. She will be working on human resources, IT as well as finance.The Alliance is also looking into additional air service for the airport. Other Business: Motion was made to approve the change to policy pertaining to absences from Board members from meetings. (Crisp/Darrah) Next months meeting will be moved to March 25 because of Spring Break. Members were asked to come early and help the staff stuff bags. They will begin working at 2 pm.