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Council Packet - 6/5/2017
DD DD Amended Council Agenda Items Council Meeting Monday, June 5, 2017 Add to Item 1.A.13. Resolution approving preliminary plans, specifications, and form of contracts etc., setting date of bid opening as of June 22, 2017 and date of public hearing as June 26, 2017, in conjunction with the Waterloo Regional Airport, Reconstruct Taxiway C (Bid Package No. 1), FAA Airport Improvement Program 3-19-0094-0045, and instruct the City Clerk to publish said notice. Added as an emergency due to project time constraints with grant funding. Add to Item 1.A.14. Resolution approving preliminary plans, specifications and form of contract, etc., setting date of bid opening as June 22, 2017 and the date of public hearing as June 26, 2017, in conjunction with the Waterloo Regional Airport (Bid Package No. 2) Runway 12/30 Pavement Joint Repair, Pavement Marking to Runways 12/30 and 18/36 and Adjacent Taxiways, FAA Airport Improvement Program 3-19-0094-0045, and instruct the City Clerk to publish said notice. Added as an emergency due to project time constraints with grant funding. MEND Item # 10. To correct "$3, 600, 0000 General Obligation Bonds" to read 13,600,000 General Obligation Bonds". Submitted By: Michelle Weidner, Chief Financial Officer THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, REGULAR SESSION TO BE HELD AT THE HAROLD E. GETTY COUNCIL CHAMBERS Monday, June 5, 2017 5:30 PM CITY OF WATERLOO GOALS 1. Support the creation of new, livable wage jobs through a balanced economic development approach of assisting existing businesses, fostering start-ups, attracting new employers and cultivating an adequate workforce. 2. Implement a Community Policing strategy that creates a safe environment in Waterloo. 3. Reduce the City's property tax levies through a responsible balance of cost reduction in City operations and increases in taxable property valuations to ensure that Waterloo is a competitive, affordable, and livable city. 4. Enhance the image of Waterloo and the City to residents and businesses inside and outside of the community. General Rules for Public Participation 1. At the chair/presider's discretion, you may address an item on the current agenda by stepping to the podium, and after recognition by the chair/presider, state your name, address and group affiliation (if appropriate) and speak clearly into the microphone. 2. You may speak one (1) time per item for a maximum of five (5) minutes as long as you have registered with the City Clerk's office no later than 4:00 p.m. on the day of the Council Meeting. If not registered with the City Clerk's office you may speak one (1) time per item for a maximum of three (3) minutes. 3. If there is a hearing scheduled as part of an agenda item, the chair/presider will allow everyone who wishes to address the council, using the same participation guidelines found in these "general rules". 4. Although not required by city code of ordinances, oral presentations may be allowed at the chair/presider's (usually the Mayor or Mayor Pro Tem) discretion. The "oral presentations" section of the agenda is your opportunity to address items not on the agenda. You may speak one (1) time for a maximum of five (5) minutes as long as you have registered with the City Clerk's office no later than 4:00 p.m. on the day of the Council Meeting. If not registered with the City Clerk's office a speaker may speak to one (1) issue per meeting for a maximum of three (3) minutes. Official action cannot be taken by the Council at that time, but may be placed on a future agenda or referred to the appropriate department. 5. Keep comments germane and refrain from personal, impertinent or slanderous remarks. 6. Questions concerning these rules or any agenda item may be directed to the Clerk's Office at 291-4323. 7. Citizens are encouraged to register with the Clerk's Office by 4:00 p.m. on Monday of the day of the City Council meeting to appear before the City Council (may also register by phone). Registered speakers will be given first priority. Page 1 of 247 Roll Call. Prayer or Moment of Silence Pledge of Allegiance Steve Schmitt, Council Member at Large Agenda, as proposed or amended. Minutes of May 22, 2017, Regular Session, as proposed. Recognition of Brian Rath for 30 Years of Service. Recognition of Cindy Young as the June 2017 Team Member of the Month ORAL PRESENTATIONS Iowa Code Chapter 21 gives the public the right to attend council meetings but it does not require cities to allow public participation except during public hearings. The City of Waterloo encourages the public to participate during the Oral Presentations by following the rules listed on the front of the agenda. Mayor and Council Monthly Reports 1. Consent Agenda: (The following items will be acted upon by voice vote on a single motion without separate discussion, unless someone from the council or public requests that a specific item be considered separately.) A. Resolution to approve the following: 1. Bills Payment, Finance Committee Invoice Summary Report, a copy of which is on file in the office of the City Clerk. 2. Resolution approving request of Main Street Waterloo to hold the 16th Annual BBQ'loo and Blues Too! festival in Lincoln Park on Friday, July 14, 2017 from 5:30 p.m. to 9:30 p.m. and Saturday, July 15, 2017 from 11:00 a.m. to 9:30 p.m., along with the closure of E. 4th Street, Mulberry Street and Park Ave., adjacent to Lincoln Park for the event. Submitted By: Joe Leibold, Captain of Police Services 3. Resolution approving request of Main Street Waterloo, to hold My Waterloo Days festival from June 8-10, 2017 from 11:00 a.m. to Midnight, including a noise variance and street closures per the attached map. Submitted By: Joe Leibold, Captain of Police Services 4. Resolution approving request of LaTanya Graves for variance to Noise Ordinance on June 17, 2017 from 12:00 noon to 6:00 p.m. in conjunction with Page 2 of 247 the Annual Juneteenth Celebration event to be held at Sullivan Park, including music and a PA system, together with recommendation of approval of Captain of Police Services. Submitted By: Joe Leibold, Captain of Police Services 5. Resolution approving request of Friends of Heal the Family for a variance to Noise Ordinance on August 19, 2017 from 11:00 a.m. to 4:00 p.m., in conjunction with the Take Back Our Community event to be held at Sullivan Park, including the use of a PA system, together with the recommendation of the Captain of Police Services. Submitted By: Joe Leibold, Captain of Police Services 6. Resolution approving request of Chad Shipman for a variance to the Noise Ordinance on August 3 - 6, 2017 in conjunction with Iowa Irish Fest events that will be held in and around Lincoln Park, east side of downtown, including live bands and PA system, together with the recommendation of the Captain of Police Services. Submitted By: Joe Leibold, Captain of Police Services 7. Resolution approving request of Tony Fischels for a waiver for a concrete driveway located at 520 W. Parker Street and authorizing the construction of a concrete driveway and placing a driveway or sidewalk on city right-of-way on an unimproved street. Submitted By: Eric Thorson, PE, City Engineer 8. Resolution re -setting the date of bid opening as June 8, 2017, and date of public hearing as June 12, 2017 in conjunction with the Waterloo Regional Airport Hangar No. 5 Rehabilitation, and instruct the City Clerk to publish said notice. Submitted By: Keith Kaspari, Airport Director 9. Resolution setting date of public hearing as June 12, 2017 for the sale and conveyance of 657A property, located at 1606 Williston Avenue, setting date of bid opening as June 8, 2017 and directing City Clerk to publish said notice. Submitted By: Noel Anderson -Community Planning and Development Director 10. Resolution re -setting date of bid opening as June 8, 2017 and date of public hearing as June 12, 2017, for the General Aviation Terminal Building HVAC Replacements via the IDOT Commercial Service Vertical Infrastructure Project, and instruct the City Clerk to publish said notice. Submitted By: Keith Kaspari, Airport Director 11. Resolution canceling the regular city council meeting of July 3, 2017. Submitted By: Kelley Felchle, City Clerk 12. Resolution approving request for authorization to publish 2016 salaries for city employees and officials, as required by law. Submitted By: Kelley Felchle, City Clerk 13. Resolution approving preliminary plans, specifications, and form of contracts etc., setting date of bid opening as of June 22, 2017 and date of public hearing as June 26, 2017, in conjunction with the Waterloo Regional Airport, Reconstruct Taxiway C (Bid Package No. 1), FAA Airport Improvement Program 3-19-0094- 0045, and instruct the City Clerk to publish said notice. Submitted By: Keith Kaspari, Director of Aviation 14. Resolution approving preliminary plans, specifications and form of contract, etc., Page 3 of 247 setting date of bid opening as June 22, 2017 and the date of public hearing as June 26, 2017, in conjunction with the Waterloo Regional Airport (Bid Package No. 2) Runway 12/30 Pavement Joint Repair, Pavement Marking to Runways 12/30 and 18/36 and Adjacent Taxiways, FAA Airport Improvement Program 3-19- 0094-0045, and instruct the City Clerk to publish said notice. Submitted By: Keith Kaspari, Director of Aviation B. Motion to approve the following: 1. TRAVEL REQUESTS a. LeAnn Even, Deputy Clerk Class/Meeting: Municipal Professionals Academy 2017 Destination: Ames, IA Dates: July 26-28, 2017 Amount not to exceed: $386.00 b. Abraham Funchess, Jr., Executive Director; Rebecca Johnson, Human Rights Specialist; Shelly Burch, Admin. Secretary Class/Meeting: 2017 (EEOC) Equal Employment Opportunity Commission / (FEPA) Federal Employment Partnership Agency Conference Destination: Cleveland, OH Dates: July 17-21, 2017 Amount not to exceed: $4,722.00 2. LIQUOR LICENSES a. BP Fuel, 127 Jefferson Street Class: B Native Wine / C Beer New Application Includes Sunday Expiration Date: 2/14/2018 b. Dad's Pub, 1106 La Porte Road Class: C Liquor / Brew Pub w/Outdoor Service New Application Includes Sunday Expiration Date: 6/30/2018 c. Edo's Sports Bar, 110 E. 11th Street Class: C Liquor Renewal Application Includes Sunday Expiration Date: 5/7/2018 d. Golden China, 106 Brookeridge Drive Class: C Liquor Renewal Application Includes Sunday Expiration Date: 5/4/2018 e. Hickory House, 315 Park Road Class: C Liquor Renewal Application Does not include Sunday Expiration Date: 5/23/2018 f. The Isle Casino Hotel Waterloo, 777 Isle of Capri Blvd. *OWNERSHIP UPDATE* Page 4of247 Class: B Liquor / B Wine w/Outdoor Service New Application Includes Sunday Expiration Date: 4/30/2018 g. Metro 66 #1, 3201 W. 4th Street Class: C Beer Renewal Application Includes Sunday Expiration Date: 6/30/2018 h. Risque' Gentlemen's Club, 301 W. 4th Street Class: C Liquor Renewal Application Does not include Sunday Expiration Date: 5/27/2018 i. Single Speed Brewing, 325 Commercial Street *One Day Expanded Outdoor Service* Class: C Liquor w/Outdoor Service New Application Does not include Sunday Expiration Date: 6/10/2017 Spicoli's, 3555 University Avenue Class: C Liquor w/Outdoor Service Renewal Application Includes Sunday Expiration Date: 12/11/2017 3. Motion to approve Application for Fireworks Display during My Waterloo Days festival, at Park Avenue Bridge, on Saturday, June 10, 2017, at 9:30 p.m. (Approx. 30 minutes). Submitted By: Pat Treloar, Chief of Fire Services 4. Motion to approve Application for Fireworks Display at Bamboo Ridge Camp Ground, on Sunday, July 2, 2017, at 9:45 p.m. (Approx. 15 minutes). Submitted By: Pat Treloar, Chief of Fire Services 5. Request from Engineering to receive and place on file official notification from the Iowa Department of Transportation to let a PCC Patching project of U.S. Hwy. 218 on July 18, 2017. Submitted By: Eric Thorson, PE, City Engineer 6. Motion to approve Notice of Intent to upgrade the flow equalization piping at the Waterloo Pollution Control Facility, and authorize City Clerk to publish said notice. Submitted By: Steven Hoambrecker, Director Waste Management Services 7. Bonds J. PUBLIC HEARINGS 2. Request by Waterloo Home Corporation 700, Inc. to vacate a utility easement over a former platted alley, located at 1955 Locke Avenue. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments and recommendation of approval of the Planning, Programming and Zoning Commission. Page 5 of 247 Motion to receive, file and consider and pass for the first time an Ordinance approving a request by Waterloo Home Corporation 700, Inc. to vacate a 1,280 square foot easement, under the former Knights of Columbus Building, located at 1955 Locke Avenue. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt the ordinance. Submitted By: Noel Anderson, Community Planning & Development Director 3. Sale and conveyance of city owned property located east of 751 West Donald Street, in the amount of $264.10, with easement retained, to Walt Tournier and authorizing the Mayor and City Clerk to execute said documents. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No Comments on File. Motion to close hearing and receive and file oral and written comments and recommendation of approval from Planning, Programming & Zoning Commission. Resolution approving sale and conveyance of city owned property located east of 751 West Donald Street, in the amount of $264.10, with easement retained, to Walt Tournier and authorizing the Mayor and City Clerk to execute said documents. Submitted By: Noel Anderson, Community Planning & Development Director 4. FY 2017 Sidewalk Repair Program and Trail Repairs - Zone 7, Contract No. 914. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING -No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution confirming approval of plans, specifications, form of contract, etc. Resolution authorizing to proceed. Motion to receive and file and instruct City Clerk to read bids and refer to City Engineer for review. Submitted By: Wayne Castle, PLS, PE, Associate Engineer 5. 2017 Salvaged Asphalt Crushing Project. Motion to receive and file proof of publication and notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution confirming approval of plans, specifications, form of contract, etc. Resolution authorization to proceed. Motion to receive, file and instruct City Clerk to read bids. Resolution awarding bid to Peterson Contractor, Inc., of Reinbeck, Iowa in the amount of $79,200 for the 2017 Salvaged Asphalt Crushing Project and authorize Mayor and City Clerk to execute said documents. Submitted By: Sandie Greco, Interim Public Works Director 6. Purchase of two (2) compact trucks for Engineering Department. Motion to receive and file proof of publication and notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution confirming approval of plans, specifications, form of contract, etc. Resolution authorizing to proceed. Motion to receive, file and instruct City Clerk to read bids and refer to Interim Public Works Director for review. Page 6of247 Submitted By: Sandie Greco, Interim Public Works Director 7. General Terminal Bldg. HVAC replacements Public hearing cancelled due to lack of bids. Submitted By: Keith Kaspari, Airport Director 8. Waterloo Regional Airport Hangar No. 5 Rehabilitation. Public hearing cancelled due to lack of bids. Submitted By: Keith Kaspari, Airport Director RESOLUTIONS 9. Resolution to appoint Bankers Trust Company of Des Moines, Iowa, to serve as Paying Agent, Bond Registrar, and Transfer Agent; approve the Paying Agent, Bond Registrar and Transfer Agent agreement in conjunction with the $9,245,000 General Obligation Bonds, Series 2017A, and authorizing the execution of said agreement by the Mayor and City Clerk. Submitted By: Michelle Weidner, Chief Financial Officer 10. Resolution appointing Bankers Trust Company of Des Moines, Iowa, to serve as Paying Agent, Bond Registrar, and Transfer Agent and approve the Paying Agent, Bond Registrar and Transfer Agent agreement in conjunction with the $3,600,000 General Obligation Bonds, Series 2017B, and authorizing the Mayor to execute said agreement. Submitted By: Michelle Weidner, Chief Financial Officer 11. Resolution appointing Bankers Trust Company of Des Moines, Iowa, to serve as Paying Agent, Bond Registrar, and Transfer Agent and approve the Paying Agent, Bond Registrar and Transfer Agent agreement in conjunction with the $8,100,000 General Obligation Bonds, Series 2017C, and authorizing the the Mayor and City Clerk to execute said agreement. Submitted By: Michelle Weidner, Chief Financial Officer 12. Resolution authorizing and providing for the issuance and levying a tax to pay the Bonds, approving the Tax Exemption Certificate and Continuing Disclosure Certificate for the $9,245,000 General Obligation Bonds, Series 2017A. Submitted By: Michelle Weidner, Chief Financial Officer 13. Resolution authorizing and providing for the issuance and levying a tax to pay the Bonds, and approving the Continuing Disclosure Certificate for the $3,600,000 General Obligation Bonds, Taxable Series 2017B. Submitted By: Michelle Weidner, Chief Financial Officer 14. Resolution authorizing and providing for the issuance and levying a tax to pay the Bonds, and approving the Continuing Disclosure Certificate for the $8,100,000 General Obligation Bonds, Taxable Series 2017C. Submitted By: Michelle Weidner, Chief Financial Officer 15. Resolution approving the Disadvantaged Business Enterprise (DBE) program for the Page 7 of 247 Waterloo Regional Airport for FY -2017 thru FY -2019, and authorizing the Airport Director to sign and execute all necessary documents. Submitted By: Keith Kaspari, Airport Director 16. Resolution approving construction plans for storm sewer and sanitary sewer, serving the Irving Square Addition, and Sewage Treatment Agreement, DNR form 28A (Sept 2010), and the final acceptance of construction plans, and authorize Mayor and City Clerk to execute said documents. Submitted By: Jamie Knutson, PE, Associate Engineer 17. Resolution approving award of contract to B & B Builders and Supply, of Waterloo, Iowa in the amount of $272,298.52 and approving the bonds and Certificate of Insurance for the FY 2017 Sidewalk Repair Program and Trail Repairs - Zone 7, Contract No. 914; and authorize Mayor and City Clerk to execute said documents. Submitted By: Wayne Castle, PLS, PE, Associate Engineer 18. Resolution approving Supplemental Agreement No. 2 with AECOM Technical Services, Inc. of Waterloo, Iowa, in an amount not to exceed $4,000.00, for additional construction -related services in conjunction with the FY 2017 Bridge Repairs - 6th Street, 18th Street, and Ansborough Avenue, Contract No. 916, and authorize Mayor to execute said document. Submitted By: Wayne Castle, PLS, PE, Associate Engineer 19. Resolution approving Supplemental Agreement No. 1 with AECOM Technical Services, Inc. of Waterloo, Iowa, for an amount not to exceed $3,500.00, in conjunction with the FY 2017 Biennial Bridge Review Program, and authorize Mayor to execute said document. Submitted By: Wayne Castle, PLS, PE, Associate Engineer 20. Resolution approving contract with Vandewalle & Associates for continued work on downtown Waterloo planning efforts, redevelopment design, riverfront development, and funding opportunities, in the amount of $72,000, and authorize the Mayor and City Clerk to execute necessary documents. Submitted By: Noel Anderson, Community Planning & Development Director 21. Resolution approving Amendment to Development Agreement with Deer Creek and City of Waterloo, approved September 26, 2016, for the repayment of infrastructure funds in Greenbelt Center to change Section 4 from 180 days to 360 days, and authorize the Mayor and City Clerk to sign and fully execute all necessary documents. Submitted By: Noel Anderson, Community Planning & Development Director ORDINANCES 22. Enacting a new Title 5, Police Regulations, Chapter 4 Convenience Store Security. Motion to receive, file, consider and pass for the third time and adopt an ordinance amending the 2007 City of Waterloo Code of Ordinances, by repealing Title 5, Police Regulations, Chapter 4 Convenience Store Security and enacting in lieu thereof a new Page 8 of 247 Title 5, Police Regulations, Chapter 4 Convenience Store Security. Submitted By: Dan Trelka, Chief of Police ADJOURNMENT Motion to adjourn. Kelley Felchle City Clerk MEETINGS 4:50 p.m. Building and Grounds Committee, Harold E. Getty Council Chambers 5:00 p.m. Human Resource Committee, Harold E. Getty Council Chambers 5:10 p.m. Finance Committee, Harold E. Getty Council Chambers PUBLIC INFORMATION 1. Airport Board Meeting Minutes, April 25, 2017. 2. Waterloo Housing Authority Board Minutes - May 15, 2017. 3. Planning & Zoning minutes of March 7, 2017 and April 4, 2017. 4. Board of Adjustment Minutes for June 28, 2016, July 26, 2016, August 23, 2016, September 27, 2016, October 25, 2016, November 22, 2016 and December 27, 2016. 5. Historic Preservation Commission minutes of December 13, 2016, January 17, 2017, February 2, 2017 (special meeting); February 21, 2017, March 21, 2017, and April 28, 2017. 6. Waterloo Water Works Board of Trustees meeting minutes of May 17, 2017 on file in the Waterloo City Clerk's office. 7. Communication from the Neighborhood Services Department on the notice of the conclusion of employment for Perry Goodman, Neighborhood Services Coordinator, effective May 31, 2017 with recommendation of approval of payout of $4,461.80 for unused benefits. Page 9 of 247 CITY OF WATERLOO Council Communication Minutes of May 22, 2017, Regular Session, as proposed. City Council Meeting: 6/5/2017 Prepared: REVIEWERS: Department Reviewer Action Date Clerk Office Higby, Nancy Approved 5/23/2017 - 2:31 PM ATTACHMENTS: Description Type D Minutes of May 22, 2017 Cover Memo Submitted by: Submitted By: Page 10 of 247 111, V JL411V11 Vl L11, V1 LJ Vl VV LLL,11VV, Alf VV LL, 111,L 111 1\, ,L41LL1 41,UU1V11 LLL 11W1 VILA L. VVLL,' VVLL11 V11 V11LL111V,1 U, Waterloo, Iowa, at 5:30 p.m., on Monday, May 22, 2017. Mayor Quentin Hart in the Chair. Roll Call: Jacobs, Morrissey, Powers, Lind, Amos, Schmitt, and Welper. Prayer or Moment of Silence. Pledge of Allegiance: Tom Lind, Council Member At Large. 145456 - Welper/Schmitt that the Agenda, as proposed, for the Regular Session on Monday, May 22, 2017, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. 145457 - Welper/Schmitt that the Minutes, as proposed, for the Regular Session on Monday, May 15, 2017, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. 145458 - Welper/Schmitt that the Minutes, as proposed, for the Special Session on Wednesday, May 17, 2017 at 4:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. Mayor Hart read a Proclamation declaring May 27, 2017 as 105.7 KOKZ Fourth Street Cruise Day. Mayor Hart read a Proclamation declaring May 21 - 27, 2017 as Emergency Medical Services Week. Mayor Hart read a Proclamation declaring May 21 - 27, 2017 as National Public Works Week. Mayor Hart recognized Jim Rodemeyer, Interim Human Resources Director, for his services to the City of Waterloo. ORAL PRESENTATIONS Jerry Schazer, 1829 West 7th Street, commented that the earnings John Deere reported were due to the hard work of union employees. He commented that people want to shop in Waterloo but they do not want to live in Waterloo due to taxes and city image. Jim Chapman, 224 Bertch, commented that he does not believe council should be allowed to request funds for travel. Randy Herod, 111 Highland Boulevard, commented the city should have an inventory list readily available. David Dryer, 3145 W. 4th Street, requested that city employees provide a written report following travel. Mayor Hart commented that this is already taking place. Mr. Morrissey commented that Friday'loo was cancelled last week and thanked local business owners for donating to prizes for the event. The rain date is June 2nd. Mr. Jacobs announced that the Citizens for a Better Waterloo will meet tomorrow at 5:00 p.m. at Westminster Presbyterian Church. Mr. Powers commented that he wrote a personal check for his travel request approved last week by council. 145460 - Welper/Schmitt that the following items on the consent agenda be received, placed on file and approved: a. Resolutions to approve the following: 1. Resolution approving Finance Committee Invoice Summary Report, dated May 22, 2017, in the amount of $15,375,527.64 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. 2017-380. 2. Resolution rescinding Resolution No. 2017-316, resolution awarding bid in the amount of $117,794.65 to Pritchard Auto Company of Britt, Iowa, for one (1) service truck for the Sewer Department. Resolution adopted and upon approval by Mayor assigned No. 2017-381. 3. Resolution re -setting date of bid opening as June 1, 2017 and date of public hearing as June 5, 2017 for salvaged asphalt crushing project and instruct City Clerk to publish said notice. Resolution adopted and upon approval by Mayor assigned No. 2017-382. 4. Resolution re -setting date of bid opening as June 1, 2017 and date of public hearing as June 5, 2017 for the purchase of two (2) compact pickup trucks for the Engineering Department and instruct City Clerk to publish said notice. Resolution adopted and upon approval by Mayor assigned No. 2017-383. 5. Resolution approving request of Clarissa Kunz for a waiver for a concrete approach located at 135 Midlothian Blvd., and approve eliminating the sidewalk section and using a stamped pattern on the outer edge of the approach. Resolution adopted and upon approval by Mayor assigned No. 2017-384. 6. Resolution approving preliminary plans, specifications, form of contract, etc. and setting date of bid opening as June 8th, 2017 and date of public hearing as June 12, 2017, for the FY 2017 East 5th Street Parking Garage Repairs, Contract No. 930, and instruct City Clerk to publish said notice. Resolution adopted and upon approval by Mayor assigned No. 2017-385. 7. Resolution approving request from John Deere Waterloo Operations to hold its annual 5K run on Sunday, August 27th, 2017 from 8:00 to 10:00 a.m., starting and finishing at the John Deere Tractor & Engine Museum, located at 500 Westfield Ave., with barricades at Westfield Avenue and W. Commercial Street, Westfield Avenue and Fletcher Avenue, River Road/W. Jefferson Street and W. Commercial Street, and W. Jefferson Street and Westfield Avenue. Resolution adopted and upon approval by Mayor assigned No. 2017-386. 8. Resolution setting a date of public hearing as June 5, 2017 for the sale and conveyance of city owned property located near 751 West Donald Street to Walt Tournier, in the amount of $264.10 plus costs, and authorize City Clerk to publish said notice. Resolution adopted and upon approval by Mayor assigned No. 2017-387. 2. a. b. a. b. c. 11a Vl,11\lJ ILIA.,313 Name & Title of Personnel Class/Meeting Destination Date(s) Amount not to Exceed Thad Childers/Lab Tech and Howard Brooks/Operator Annual Wastewater Conference Kirkwood Continuing Education Center - Cedar Rapids, IA July 24-25, 2017 $270.00 Mayor Quentin Hart Cedar Valley Coalition Washington, D.C. June 12-14, 2017 $2,325.00 Approved Beer, Liquor, and Wine Applications Name & Address of Business Class New or Renewal Expiration Date Includes Sunday Fraternal Order of Eagles, Waterloo Aerie #764, 202 E. 1st Street **Ownership Update* * A Liquor New 6/30/2018 X Hy -Vee #4, 4000 University Avenue B Wine / C Beer / E Liquor Renewal 3/15/2018 X Scoreboard Bar & Grill, 814 La Porte Road C Liquor w/Outdoor Service Renewal 3/31/2018 X 3. Mayor Hart's recommendation of the following appointments: Appointee Board/Commission Expiration Date New or Re - Appointment Gregory Young Complete Streets Advisory Committee None New 4. Bonds. Mr. Lind questioned item 1A2 why the purchase was cancelled. Sandie Greco, Interim Public Works Director, explained rescinding the resolution. Roll call vote -Ayes: Seven. Motion carried. Mayor Hart recognized Gregory Young as the newest member of the Complete Streets Advisory Committee and thanked him for his commitment to serve. PUBLIC HEARINGS 145461 - Schmitt/Amos that proof of publication of notice of public hearing on FY 2018 Sidewalk Inspection and Repair Program - Zone 7, as published in the Waterloo Courier on May 11 and 18, 2017, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. (The title on the agenda was incorrect; it should have read FY2017 Sidewalk Inspection and Repair Program Zone 7, which is what was published in the Courier). This being the time and place of public hearing, the Mayor called for written and oral comments. Larry Bedard, 1144 Lindner Drive, thanked Jerome Amos, Pat Morrissey, and Bruce Jacobs for coming to take a look at the sidewalk that he has concerns about. Thanks to the work by Wayne Castle and council, it was determined that only a tiny piece of sidewalk needed to be repaired. physically able to express their concerns they can talk to their council members for assistance as well. Steve Reiss, 208 French Street, commented that he has a sidewalk to nowhere that is asking him to repair and that he cannot afford the repairs. Gloria Wickham, 2028 Mulberry Street, explained that there is a tree owned by the city that is lifting up the sidewalk and that the repairs will cost approximately $7,000 and that she does not feel she should have to pay for the repairs when the in the right of way is causing the damage. Mr. Amos commented that he has received calls on sidewalks in his area and there are citizens that want to meet with him about sidewalk repairs. 145462 - Schmitt/Amos that the hearing be closed and oral comments be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 145463 - Schmitt/Amos that "Resolution authorizing proposed repairs to sidewalk", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Mr. Lind commented that he spoke to residents last year who had sidewalks to nowhere and that he believes that there should be a variance for sidewalks to nowhere. Resolution adopted and upon approval by Mayor assigned No. 2017-388. 145464 - Schmitt/Amos that "Resolution adopting proposed resolution of necessity, as proposed or amended", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2017-389. 145465 - Lind/Morrissey that proof of publication of notice of public hearing on FYE 2017 Budget Amendment, as published in the Waterloo Courier on May 12, 2017, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral comments. David Dryer, 3145 W. 4th Street, requested an explanation of movement of money from fund to fund. Michelle Weidner, Chief Financial Officer, explained that state law requires a public hearing to amend the budget for over spending. Many of the amendments are to spend grants received in prior years or to spend money from grants received. John Sherbon, 1715 Robin Road, commented that he believes the city is using borrowed money and that the item is very confusing to understand. Michelle Weidner commented that the 2009 Build America Bonds are being refunded and replaced at a savings of over $200,000. Bonds are sold at the end of the year and an estimate is figured 18 months ahead of time and there are a variety of factors that impact the reasons why a project is not completed in the year it is planned. She further explained that funds are not being borrowed for Seven. Motion carried. 145467 - Lind/Schmitt that "Resolution approving FYE 2017 Budget Amendment", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Mr. Lind thanked Michelle Weidner for spending time explaining the budget amendment to him. He clarified that money is borrowed prior to the start of the project and if the project is completed in another fiscal year the budget has to be amended to allow the expenditures. Resolution adopted and upon approval by Mayor assigned No. 2017-390. Mayor Hart announced that the public hearing for the Salvaged Asphalt Crushing project was cancelled due to the bid being rejected. 145468 - Morrissey/Welper that proof of publication of notice of the sale and conveyance of city owned property located north of 3488 Wagner Road, to Mathias Properties, LLC., as published in the Waterloo Courier on May 12, 2017, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral comments and there were none. 145469 - Morrissey/Powers that the hearing be closed and recommendation of approval from Planning and Zoning Commission be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 145470 - Morrissey/Welper that "Resolution approving sale and conveyance of city owned property located north of 3488 Wagner Road in the amount of $30,000 plus up to $5,000 in city costs, to Mathias Properties, LLC.", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Mr. Schmitt requested an overview. Noel Anderson, Community Planning and Development Director, explained that the city purchased land in the area that has had high development activity in order to improve it for infrastructure. The land will be sold for the cost of improvement. Resolution adopted and upon approval by Mayor assigned No. 2017-391. 145471 - Morrissey/Welper that "Resolution approving a Development Agreement with Mathias Properties, LLC for the sale and rehab of property located north of 3488 Wagner Road and authorizing Mayor and City Clerk to execute said documents", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2017-392. RESOLUTIONS 145472 - Amos/Morrissey that "Resolution approving parking on the north side of the 200 block of National Drive from that "Resolution approving permanent easement agreement with Friends of the Faith Retirement Homes, Inc. for the purpose of construction, maintenance and repair of a storm sewer related to the W. 9th Street Reconstruction project", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2017-394. 145474 - Amos/Morrissey that "Resolution approving a request by Crossroads Realty, LLC for the final plat of Crossroads Plat No. 11, a five lot commercial subdivision located adjacent to 2060 Crossroads Boulevard", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2017-395. 145475 - Schmitt/Welper that "Resolution approving a professional services agreement between the City of Waterloo and HR Green Company for the former Chamberlain site redevelopment planning in an amount not to exceed $60,000, and authorize the Mayor and City Clerk to execute necessary documents", be adopted. Roll call vote -Ayes: Seven. Motion carried. Mayor Hart commented that he had an opportunity to meet with the company that owns Chamberlain about the contamination at the site and that this item is an opportunity for the city to work out a productive way to use the site. Mr. Schmitt questioned how close the project is to being completed. Mayor Hart commented that the ground needs to be mitigated and this contract is to help mitigate the damages and develop a plan for the site with Kansas State University through their expertise in community development in brown field areas. Noel Anderson explained that the report from HR Green looks at different ways to redevelop the site and how that would need to be executed. Mr. Schmitt questioned whose money will be utilized. Noel Anderson explained that the $60,000 will be paid by the city. He further clarified that Chamberlain is responsible for the mitigation but the city would be responsible for the development. Resolution adopted and upon approval by Mayor assigned No. 2017-396. 145476 - Schmitt/Welper that "Resolution terminating existing lease with Kristen Johnston and approving new lease with Robby Wagner to lease eight (8) acres of city owned property along Bishop Avenue south of the Blowers Creek drainage way for $600 per year for one (1) year with option to renew for one (1) year", be adopted. Roll call vote -Ayes: Seven. Motion carried. Mayor Hart stepped out at 6:36 p.m. and returned at 6:37 p.m. Resolution adopted and upon approval by Mayor assigned No. 2017-397. 145477 - Welper/Amos that "Resolution accepting proposal from Terracon for materials testing and construction observation services in conjunction with the FY2017 Northeast Industrial Park Site Grading Project, and Resolution adopted and upon approval by Mayor assigned No. 2017-398. 145478 - Welper/Amos that "Resolution approving Renewal Agreement with Wellmark Blue Cross Blue Shield for fees associated with administration, network access and stop loss and authorize Mayor and City Clerk to execute said documents", be adopted. Roll call vote -Ayes: Seven. Motion carried. Mr. Lind questioned if the insurance committee reviewed the renewal. Jim Rodemeyer, Interim Human Resources Director, explained the cost for the renewal and projected increases for next year and that it is affected by the amount of participation and claims. David Dryer, 3145 W. 4th Street, questioned the cost of the items #11 and #12, and if TIF funds will be used for Item #11. Mr. Jacobs questioned if the insurance was shopped around. Jim Rodemeyer explained that Wellmark is the standard in Iowa for self-funded programs and should be looked at in the future. Resolution adopted and upon approval by Mayor assigned No. 2017-399. 145479 - Welper/Morrissey that "Resolution approving a 2.65 percent salary increase for non -bargaining employees effective July 1, 2017", be adopted. Roll call vote -Ayes: Four. Nays: Three (Lind, Schmitt, and Jacobs). Motion carried. Mayor Hart questioned how the percentage was figured. Jim Rodemeyer explained that it is the same increase that bargaining employees will receive July 1 and is budgeted for the upcoming fiscal year. Forest Dillavou, 1725 Huntington Road, commented that merit increases should be implemented for non -bargaining employees. Mr. Jacobs commented that the levy rate was lowered by one penny and does not know if the raise is warranted. Mr. Schmitt commented that citizens living on a fixed income did not receive a raise and that he does not support the resolution. Resolution adopted and upon approval by Mayor assigned No. 2017-400. 145480 - Lind/Morrissey that "Resolution affirming the sale of and limiting the use of fireworks in the City of Waterloo, Iowa during the period of June 30, 2017 to July 4, 2017", be adopted. Roll call vote -Ayes: Five. Nays: Two (Jacobs and Lind). Motion carried. Myke Goings, 1203 W. 2nd Street, commented that fireworks are a trigger for many people with PTSD, autism, and other health issues. He expressed concern for property damage with allowing the use of fireworks. He questioned if the council could look at limiting the time frame to July 4th and restricting the time of day that fireworks could be used. He further stated that his preference would be to see fireworks banned in Waterloo. of having fireworks usage within the city. He explained that other large cities are proposing banning or restricting the use of fireworks. He further explained that the administrative rules for the law have not been written yet but plan to be done in four weeks; the state is not yet taking license applications. Mayor Hart questioned if the cities were given resources to deal with the change. Pat Treloar explained that the city will see little financial gain from the law change and that it will be a tax on the police department and fire department. Phil Krogh, 535 Alpine Drive, explained that he suffers from PTSD and that banning fireworks would be the best approach. Mr. Welper commented that people have expressed opinions to him on both sides of the issue and is willing to support the compromise the first year. Mr. Schmitt questioned what Cedar Falls and Evansdale plan to do. Pat Treloar stated he was unaware of what Evansdale is choosing to do, however Cedar Falls has passed a resolution following the state law guidelines. Mr. Schmitt questioned if the city will face additional challenges if this resolution passes while neighboring communities do not chose to approve the same schedule. Pat Treloar commented that Waterloo is different from Cedar Falls and that Waterloo should make decisions that fit the community. Mr. Schmitt questioned why the regulation of sale is included in the resolution. Pat Treloar explained that sale would be restricted by zoning. Mr. Schmitt commented that trash is an issue for discharging fireworks. Pat Treloar commented that that would be a legitimate concern. Dan Trelka, Police Chief, commented that they will need to re-evaluate after the dates. Mr. Morrissey requested examples on where sales would be allowed. Noel Anderson explained the locations where sales will be allowed and that parking would be looked at as well. Mr. Morrissey questioned sales out of vehicles. Noel Anderson commented that those types of sales would not be allowed. Mr. Morrissey questioned if fireworks are sold locally that use will increase. Dan Trelka explained that he anticipates that use will increase regardless of what is approved. Pat Treloar explained that he believes it would increase the use. Mr. Morrissey commented that it seems contrarily that the sale would be allowed but that the use would be limited. Mr. Jacobs questioned why an all-out ban would not take place. Pat Treloar commented that there is a lot of unknown and that he believes that a compromise would Nays: Six (Jacobs, Morrissey, Powers, Amos, Schmitt and Welper). Motion failed. Mr. Welper commented that he would like to see a reassessment of fireworks use in August. Mr. Morrissey commented that he is opposed to the amendment and in favor of the compromise. Pat Treloar commented that the city would need to revisit this as they will need to make a decision on what happens for the December 10 through January 3, part of the law. Mr. Powers questioned what happens if it rains on the 4th and are not able to shoot off fireworks and people will be storing fireworks. Pat Treloar commented that other communities have looked into having some use of fireworks past the 4th, so that people will use them rather than store them. Mr. Schmitt commented why the state and other communities went with July 8th. Pat Treloar commented that it could be possible; however he explained that most people he has spoken with have stated they'd likely celebrate the weekend prior. 145482 - Powers/Amos To amend the resolution dates of use from June 30th through July 8th. Roll call vote -Ayes: Two. Nays: Five (Schmitt, Welper, Jacobs, Morrissey, Lind). Motion failed. Mr. Morrissey commented that he would like to review fireworks use in August and is not in favor of the amendment. Resolution adopted and upon approval by Mayor assigned No. 2017-401. 145483 - Lind/Schmitt that "Resolution establishing a local taxpayer bill of rights for residents of the City of Waterloo, Iowa", be adopted. Roll call vote -Ayes: Three. Nays: Four (Morrissey, Powers, Amos and Welper). Motion failed. Mr. Lind read the resolution. Randy Herod, 111 Highland, commented that whoever votes against the resolution should comment on the civil rights matters they disagree with. John Molseed, 519 Lafayette Street, explained that he is concerned about the resolution as it is top down and that it comes from ALEC (American Legislative Exchange Council) and that it is politicians trying to dictate how spending is done but that if citizens brought the resolution forth it should be heard. David Dryer, 3145 W. 4th Street, commented that he supports the resolution because the citizens have asked for transparency, lower taxes and lower fees. Mayor Hart commented that saying that the city is not transparent is a misleading statement and that the city had over 20 budget hearings in 2016 and that information has been placed on city website, and that the budget meetings this year were all on Saturdays and that the state requires all cities by law to have hearings prior to levying taxes. Jim Chapman, 224 Bertch, commented that he is in favor of the resolution. John Sherbon, 1715 Robin Road, commented that he is in favor of the resolution and expressed do with Section 3 and Section 4 and believes that it is a good idea to have a super majority and questioned if the city has ever had a rainy day fund. Mayor Hart stated that in 2001 the city's reserves were at 5% and that it is currently at 20.5%. David Deeds, 922 Mulberry Street, commented he believes the tax rate is just a symptom of other issues within the City of Waterloo that are not being addressed, such as property valuations. Jessica Young, 318 W. 3rd Street Apt. 1, commented that she does not support the resolution. Larry Bedard, 1144 Lindner Drive, spoke in favor of the resolution. Todd Obadal, 124 Amity Drive, spoke in favor of the resolution and that he believes that the city tax rate is higher because home values are lower. Mr. Welper stated that he does not support the item because it would make an impact on future councils and limit their decision making in the future. Mr. Amos explained that he researched the item and found that the resolution has had a negative impact in other communities. Mr. Morrissey questioned if it would be sixty percent or a super majority. Mr. Lind commented that it would be five out of seven. Mr. Morrissey questioned that if the resolution passes, would it result in a lower rating from Moody's. Mr. Schmitt explained why it would result in a higher rating from Moody' s. Mr. Morrissey commented that the tax levy rate is lower on the list for why people and businesses do or do not move to Waterloo. He again questioned if the resolution would affect the Moody's rating and bonding. Michelle Weidner explained that she received a call from the bonding attorneys and they are very concerned about the impact of the resolution on the bonds. She stated that the city and the attorneys have a legal responsibility to notify investors about changes and that certifications have to still be made. The attorneys are concerned about the lack of clarity in the resolution for `extra time' in approving increases and what would be considered raising taxes, such as bonds. She also questioned what excess revenue means. She explained that if reserves are returned, it will require increased taxes to cover bills until property taxes come in. Mr. Morrissey questioned what more needs to be done in terms of transparency prior to adopting fees and taxes and questioned if a supermajority would be required for lowering taxes as well. Mr. Jacobs questioned why council was not notified about a call from the bond attorneys today. He further commented that people are leaving due to high taxes and that the he supports the resolution. Mr. Schmitt questioned if council can go through the resolution item by item to discuss. Mr. Powers commented that he does know how the return of reserves to tax payers would impact our finances and bond ratings because it was explained in the work session that Moody's needs to see 50% reserves in order to get a AAA rating. He further noted Iowa Code §380, §76, §384 outline how cities manage their finances, levy taxes, and manage debt and nowhere in the state code does it say that a super majority is required. Mr. Morrissey commented that the cost to run a city government is impacted by the continual 145484 - Amos/Morrissey to take a 10 minute recess at 8:19 p.m. Voice vote -Ayes: Seven. Motion carried. 145485 - Schmitt/Amos to reconvene at 8:30 p.m. Voice vote -Ayes: Seven. Motion carried. Mr. Lind explained that they put the item on the agenda to help run a more efficient operation and force us to be more prudent in how the city operates. 145486 - Morrissey/Amos To amend by changing resolution to be, "Resolution re -affirming the city of Waterloo as a community with a long-standing history of reasonable taxation and monetary policies". Roll call vote: Ayes: Three. Nays: Four (Welper, Schmitt, Lind, Jacobs). Motion failed. Mr. Jacobs commented that he could not support the amendment because what is reasonable to one may not be reasonable to another. Mr. Lind commented that this is not an amendment to the resolution but rather a new resolution, which should be ruled out of order. Mr. Morrissey commented that a precedent was set in 2014 by Mr. Lind with a similar motion for a new resolution, which passed. Mayor Hart commented that a strategic plan was put together in February of 2017, and that plan, which includes a success indicator, addresses numerous issues, including tax levys that are being discussed tonight. Mayor Hart asked the City Clerk to weigh in on whether the proposed amendment is an amendment, or if it constitutes a new resolution. Dave Zellhoefer, City Attorney, clarified that he had a conversation with Mr. Morrissey that amendments were possible, but that he had not seen this particular amendment, nor did he approve it. He further explained that it is up to council whether to treat this as an amendment or not. Kelley Felchle, City Clerk, concurred with Mr. Zellhoefer's opinion on having the council decide how they'd like to handle this proposed change. Mayor Hart commented that he'd like to take a vote on the original proposed resolution. Mr. Amos questioned if both the resolution and the proposed amendment could be tabled. Mr. Schmitt commented that the city's high tax rate is changing how people feel about Waterloo, and how the city ranks in comparison to similar sized cities in Iowa. Mr. Morrissey called the question Mr. Schmitt added that he would be open to item by item discussion and if tabling the item for a set time period to allow for work sessions, he would make a motion to do so. Mayor Hart explained that an amendment has been put forth by Councilman Morrissey and would like to move forward. 145487 - Schmitt/Jacobs To table the resolution until June 26 and have a work session to discuss the provisions of said resolution. Roll call vote -Ayes: Three. Nays: Four. (Morrissey, Powers, Amos, Welper). Motion failed. ORDINANCES Roll call vote -Ayes: Seven. Motion carried. Mr. Schmitt requested an overview of the item. Pat Treloar explained that the ordinance cleans up the language to include prohibition of fireworks on city property. 145489 - Schmitt/Amos that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Seven. Motion carried. 145490 - Schmitt/Amos that "an Ordinance amending the 2007 City of Waterloo Code of Ordinances by amending Title 7 Public Ways and Property, Chapter 8 Leisure, Cultural and Arts Services, Section 5 Use of Weapons, Fireworks, Subsection A, Weapons, Explosives, Fireworks, Etc., by prohibiting the use of fireworks on city property", be considered and passed for the second and third times and adopted. Roll call vote -Ayes: Seven. Motion carried. Ordinance adopted and upon approval by Mayor assigned No. 5400. 145491 - Morrissey/Powers that "an Ordinance amending the 2007 City of Waterloo Code of Ordinances, by repealing Title 5, Police Regulations, Chapter 4 Convenience Store Security and enacting in lieu thereof a new Title 5, Police Regulations, Chapter 4 Convenience Store Security", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Four. Nays: Three (Jacobs, Lind, Schmitt). Motion carried. Al Manning, owner of Sub City, 3045 Kimball Avenue, commented on the cost to install new camera and is opposed to the ordinance. Trisha King, Eye of the Needle, 522 Mulberry Street, explained that she is opposed to her type of business being required to have cameras because they provide a social service to families and that they are not cash based. Don Schare, Dairy Queen, 2719 University Avenue, explained that he does not support the ordinance because he does not appreciate the intrusion on his and his customers' privacy. Lori Dale, 1228 Independence Avenue, expressed that she is a resident who is against the ordinance for the businesses. Todd Obadal, 124 Amity Drive, explained he does not support the ordinance because he believes it places an undue hardship on businesses. Forest Dillavou, 1725 Huntington Road, explained that he believes that hotels and motels should have been left in the ordinance. Phil Krogh, 535 Alpine, questioned who decided on the technical specifications for the security systems. Lt. Greg Fangman explained that the technology was researched by Sgt. Cameron with additional conversations with businesses currently using the technology. Earl Kruz, Jim's BBQ, spoke in support of the ordinance as it had help solve a crime that happened at his business. going forward. Mayor Hart commented that when this item was originally brought forth, it was decided that additional time was needed, to engage local business owners. He further questioned the outcome of those conversations. Mr. Schmitt commented that he was not aware of any that were in favor of it. Mr. Powers commented that it seems it is more about the government interference rather than having to have cameras. He further questioned if the parking lot cameras was a critical component to this ordinance. Lt. Fangman explained the reason for the outside cameras is to see the vehicles where a crime has occurred. Mr. Schmitt commented that the bulk of the businesses that attended the meeting were bigger chain businesses but the complaints are primarily coming from smaller businesses. 145492- Lind/Schmitt To table indefinitely. Roll call vote -Ayes: Three. Nays: Four (Welper, Morrissey, Powers, Amos). Motion failed. Mayor Hart commented that until there is some direction, there will not be much staff time put forth on this item. 145493 - Morrissey/Welper that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: None. Nays: Seven (Jacobs, Morrissey, Powers, Lind, Amos, Schmitt and Welper). Motion failed. OTHER COUNCIL BUSINESS 145494 - Morrissey/Amos approving Change Order No. 2 for a net increase of $109,888.00 for the FY 2016 Street Reconstruction Program, Contract No. 898; and authorize the Mayor and City Clerk to execute said document. Voice vote -Ayes: Seven. Motion carried. Mayor Hart requested an overview on the item. Eric Thorson provided an overview of the project. ADJOURNMENT 145495 - Welper/Morrissey that the Council adjourn at 9:29 p.m. Voice vote -Ayes: Seven. Motion carried. Kelley Felchle City Clerk City of Waterloo Finance Committee Open Invoice Report or June 5, 2017 Approva Finance Committee Accounts Payable Open Invoice Report Total As of Friday, June 02, 2017 EFT Transactions: Add: Wellmark Weekly Claims Add: Wellmark Monthly Claims 1,215,771.28 162, 864.82 43,540.35 Subtotal - as of Monday, June 05, 2017 Workers Compensation Issued by TPA Housing Authority Housing Assistance EFT's Housing Authority Housing Assistance EFT's Payroll IBill Payment Total - Monday, June 05, 2017 1,422,176.45 1 17,251.95 13, 647.71 1,640,822.66 Payment to Council members or related entities: 3,093,898.77 1 CITY OF WATERLOO Council Communication Resolution approving request of Main Street Waterloo to hold the 16th Annual BBQ'1oo and Blues Too! festival in Lincoln Park on Friday, July 14, 2017 from 5:30 p.m. to 9:30 p.m. and Saturday, July 15, 2017 from 11:00 a.m. to 9:30 p.m., along with the closure of E. 4th Street, Mulberry Street and Park Ave., adjacent to Lincoln Park for the event. City Council Meeting: 6/5/2017 Prepared: 5/23/2017 REVIEWERS: Department Reviewer Action Date Police Department Leibold, Joe Approved 5/18/2017 - 11:42 AM Clerk Office Higby, Nancy Approved 5/23/2017 - 2:27 PM ATTACHMENTS: Description Type D Request Cover Memo D Map Cover Memo SUBJECT: Resolution approving request of Main Street Waterloo to hold the 16th Annual BBQ'1oo and Blues Too! festival in Lincoln Park on Friday, July 14, 2017 from 5:30 p.m. to 9:30 p.m. and Saturday, July 15, 2017 from 11:00 a.m. to 9:30 p.m., along with the closure of E. 4th Street, Mulberry Street and Park Ave., adjacent to Lincoln Park for the event. Submitted by: Submitted By: Joe Leibold, Captain of Police Services Recommended Action: Approve Request Summary Statement: This is an annual event that brings many visitors to Lincoln Park and surrounding areas. Expenditure Required: Cost with providing barricades, electrical and security services as required. Source of Funds: General Policy Issue: None Background Information: Annual event with a history of good attendance. Page 24 of 247 To: City of Waterloo Attention: Mayor Quentin Hart & City Council From: Cindy Wells/Main Street Waterloo Date: May 18, 2017 Re: BBQ'Loo & Blues Too, July 14 & 15, 2017 Main Street Waterloo will be sponsoring our 16th annual BBQ'Loo & Blues Too, on Friday, July 14 from 5:30-9:30PM and Saturday, July 15 from 11:OOAM-9:30PM for the public and for the KCBS Sanctioned BBQ competition & SCA Sanctioned Steak Competition. Our participants will range from the novice backyard barbecue...to seasoned barbecue contestants from across the Midwest. There will be official judging. BBQ'Loo & Blues Too is certified & sanctioned by the Kansas City Barbeque Society (KCBS) & Steak Cookoff Association (SCA). Besides tasting delicious barbeque, we will also be featuring 4 live bands, food vendors, a beer garden, a rib eating contest, a Kids Q contest, ice carving demonstration, pork raffle, and numerous family activities. The activities will be held in Lincoln Park. Four locations will be needed for the event from July 12-15 for various hours: 1. Lincoln Park — from noon on Wednesday, July 13 until 11 PM on Saturday, July 15 2. 4th St. from Franklin to Mulberry Streets — from 6AM on Friday, July 14 till 11 PM on Saturday, July 15 3. Mulberry Street from 4th St. to Park Ave - from 6AM on Friday, July 14 till 11 PM on Saturday, July 15 4. Park Ave from Franklin to Mulberry Street - from 6AM on Friday, July 14 till 11 PM on Saturday, July 15 5. All the intersections will remain open at all times Beer Trailer A Beer Garden will be located in Lincoln Park with 1 serving trailer. Main Street Waterloo will be sponsoring the beer trailer. The proper permits and insurance have been secured. Electricity will be needed to power the beer trailer. Page 25 of 247 Vendors/Team Contestants There will be 35-45 contestants and food vendors on 4th Street, Mulberry St., Park Ave, and in the Park. Electricity & water will be needed in all those areas. Entertainment Live blues music will include: On Friday from 5:30-9:30PM — Jeff Banks Band On Saturday from 11:00-1:OOPM — Rob Lumbard On Saturday from 2:00-5:OOPM — Joanna Connor On Saturday from 6:15-9:15PM — Duke Robillard Expanded family activities will be located in Lincoln Park on the Franklin Street side of the Park. Electricity will be needed. We will need cooperation from the following city departments: Parks Department Use of Lincoln Park. Setup will begin on Wednesday, July 12 and will be completed on Saturday, July 15. Tear down will be immediately following the event. Street Department Use of barricades, orange cones, and meter bags. We will need to shut down the following streets from 6AM on Friday (7-14) until apx. 11:OOPM on Saturday (7-15) - 4th St from Mulberry to Franklin - Mulberry from 4th St. to Park - Park Ave from Mulberry to Franklin The intersections will remain open but need barricades: • On 4th St. at the Franklin & Mulberry intersections • On Mulberry St. at the E. 4th & Park intersections . On Park Ave at the Franklin & Mulberry intersections We will need to bag the parking meters on Thursday, July 13 after 5PM to help with barricading and setup. Page 26 of 247 Electrical Department We request the use of electrical boxes at each location. We will need them in operation by 7AM on Friday, July 14 and need them until Saturday, July 15 at 10:30PM. Specific electrical needs from the bands, food vendors, and beer vendors will be forthcoming. Police Dept We would appreciate extra officers on bikes, gaters, horses, etc. within the event area for added security during the public event hours. We will employ an off-duty officer to patrol the Park from 10:30PM on Friday, July 14 until 6:30AM on Saturday, July 15. The majority of cooks will stay overnight in their vehicles to tend their cooking grills and we are required to have on site security for the duration of the event, per KCBS rules. Fire Dept We would like fire truck tours on site during the children's activities on Friday evening and Saturday afternoon, if possible. We will notify 911 if there is a first aid emergency. We would also like to store the 2 rented golf carts at Station 1 on Saturday, July 15. We will drop them off by midnight and they will pick be picked up on Monday, July 17. I am also attaching the Noise Variance form and event area map. In the event that we have not furnished the proper information on this request, or if you have concerns about one or more of our requests, please feel free to contact Cindy Wells at: (w)319-883-3336 (c) 319-404-7308. Main Street Waterloo appreciates all of your cooperation and help with this event. The Mayor, City Officials, and Department Heads within the City of Waterloo have always been wonderful to our organization and we appreciate all of your help in making the 2017 BBQ'Loo & Blues Too a success. I look forward to hearing from you. Page 27 of 247 X 0 C9 0 �I rn G r t=� o a 13 4th Street v } C 5an18 00 0 0 Page 28 of 247 CITY OF WATERLOO Council Communication Resolution approving request of Main Street Waterloo, to hold My Waterloo Days festival from June 8-10, 2017 from 11:00 a.m. to Midnight, including a noise variance and street closures per the attached map. City Council Meeting: 6/5/2017 Prepared: 5/31/2017 REVIEWERS: Department Police Department Clerk Office Reviewer Leibold, Joe Higby, Nancy Action Approved Approved ATTACHMENTS: Description Type ❑ MWD Parade and 5K Routes. Cover Memo SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: D ate 5/31/2017 - 10:32 AM 5/31/2017 - 10:42 AM Resolution approving request of Main Street Waterloo, to hold My Waterloo Days festival from June 8-10, 2017 from 11:00 a.m. to Midnight, including a noise variance and street closures per the attached map. Submitted By: Joe Leibold, Captain of Police Services Approve Request from My Waterloo Days for street closures, noise variance and park usage. They are requesting the following street closures: June 8th, extending Bike Night. Expand Bike Night street closure to the to the 200 and 300 blk of E. 4th along with the Screaming Eagles closure of the 500 blk of Lafayette and utilize their noise variance. June 8th, 9th and 10th --400 Blk of E. 4th, 400 blk of ParkAve and 500 blk of Mulberry for set up and People in the Park (Lincoln Park) along with noise variance. June 9th --Parade Route bag meters at 1 PM and streets by 6 PM, Parade Starts at 6:30 and will travel from Lafayette and Park travel south Park and Bluff, Bluff to 4th, and then north on 4th to Mulberry and ends at Mulberry and Park Ave. All roads closed until completion of the parade. June 10th --5K Route, starting at Grand Crossing, west on Westfield to River Road, River road east to the South Riverside Trail, run on the trail to ParkAve, south on ParkAve, to Cedar St, west on Cedar St to 2nd and south on 2nd, ending at the CV Sportsplex. June 10th, Music on the Cedar, from 11 AM to 11 PM with music and alcohol sales and utilize the Amphitheater noise variance. Expense for barricades and traffic control for various events. My Waterloo Days has agreed to reimburse PD Overtime costs up to $1400. General Page 29 of 247 Policy Issue: None Page 30 of 247 Fire Station Elks Parking Lot NO Parade Parking! 2017 MWD Parade W - - Vi 911 r+ r* Q Franklin St Elks F44 F43 F42 F41 F40 F39 I F38 F37 F36 F35 F34 F33 F32 E31 E30 E29 E28 E27 E26 E25 E24 E23 E22 E21 E20 E19 E18 E17 Queen of Peace Post Office WCA/Phelps SportsPlex J70 J69 J68 J67 J66 J65a J65 J64 L76 L77 L78 L79 L80 L81 I63 162 161 I60 I59 158 D16 Bands D15 YWCA D13 D12 D11 D10 D9 1 G50 G49 G48 G47 G46 G45 1H57 H56 H55 H54 H53 H52 H51 K71 K72 K73 K74 K75 rD Lincoln Park Parade Route Girl Scouts C8 C7 C6 Cedar River II0 nd Fire Trucks Dignitaries Parking Ramp 11 Parade Route Single Speed KEY ••m Barricades Double Barricades Community Bank Dekhockey/ RiverLoop Expo RiverLoop Expo 11 5 Sullivan Brothers Convention Center Parade Route Ramada 11 JI MullberrySt Lafayette St Sycamore St „Cedar St Commercial St Jefferson St Washington St Hwy218 Hwy218 Page 31 of 247 ma.e o CITY OF WATERLOO Council Communication Resolution approving request of LaTanya Graves for variance to Noise Ordinance on June 17, 2017 from 12:00 noon to 6:00 p.m. in conjunction with the Annual Juneteenth Celebration event to be held at Sullivan Park, including music and a PA system, together with recommendation of approval of Captain of Police Services. City Council Meeting: 6/5/2017 Prepared: 5/23/2017 REVIEWERS: Department Reviewer Action Date Police Department Higby, Nancy Approved 5/23/2017 - 2:14 PM SUBJECT: Resolution approving request of LaTanya Graves for variance to Noise Ordinance on June 17, 2017 from 12:00 noon to 6:00 p.m. in conjunction with the Annual Juneteenth Celebration event to be held at Sullivan Park, including music and a PA system, together with recommendation of approval of Captain of Police Services. Submitted by: Submitted By: Joe Leibold, Captain of Police Services Page 33 of 247 CITY OF WATERLOO Council Communication Resolution approving request of Friends of Heal the Family for a variance to Noise Ordinance on August 19, 2017 from 11:00 a.m. to 4:00 p.m., in conjunction with the Take Back Our Community event to be held at Sullivan Park, including the use of a PA system, together with the recommendation of the Captain of Police Services. City Council Meeting: 6/5/2017 Prepared: 5/23/2017 REVIEWERS: Department Reviewer Action Date Police Department Higby, Nancy Approved 5/23/2017 - 2:16 PM SUBJECT: Resolution approving request of Friends of Heal the Family for a variance to Noise Ordinance on August 19, 2017 from 11:00 a.m. to 4:00 p.m., in conjunction with the Take Back Our Community event to be held at Sullivan Park, including the use of a PA system, together with the recommendation of the Captain of Police Services. Submitted by: Submitted By: Joe Leibold, Captain of Police Services Page 34 of 247 CITY OF WATERLOO Council Communication Resolution approving request of Chad Shipman for a variance to the Noise Ordinance on August 3 - 6, 2017 in conjunction with Iowa Irish Fest events that will be held in and around Lincoln Park, east side of downtown, including live bands and PA system, together with the recommendation of the Captain of Police Services. City Council Meeting: 6/5/2017 Prepared: 5/30/2017 REVIEWERS: Department Reviewer Action Date Police Department Higby, Nancy Approved 5/30/2017 - 10:29 AM SUBJECT: Resolution approving request of Chad Shipman for a variance to the Noise Ordinance on August 3 - 6, 2017 in conjunction with Iowa Irish Fest events that will be held in and around Lincoln Park, east side of downtown, including live bands and PA system, together with the recommendation of the Captain of Police Services. Submitted by: Submitted By: Joe Leibold, Captain of Police Services Page 35 of 247 CITY OF WATERLOO Council Communication Resolution approving request of Tony Fischels for a waiver for a concrete driveway located at 520 W. Parker Street and authorizing the construction of a concrete driveway and placing a driveway or sidewalk on city right- of-way on an unimproved street. City Council Meeting: 6/5/2017 Prepared: 5/10/2017 REVIEWERS: Department Reviewer Action Date Engineering Thorson, Eric Approved 5/31/2017 - 11:01 AM Clerk Office Higby, Nancy Approved 5/31/2017 - 11:14 AM ATTACHMENTS: Description Type D DW Waiver 520 W Parker Cover Memo SUBJECT: Resolution approving request of Tony Fischels for a waiver for a concrete driveway located at 520 W. Parker Street and authorizing the construction of a concrete driveway and placing a driveway or sidewalk on city right-of-way on an unimproved street. Submitted by: Submitted By: Eric Thorson, PE, City Engineer Recommended Action: Recommended for approval by the City Engineer. Summary Statement: Legal Descriptions: This waiver is needed because of placing a driveway or sidewalk on City right of way on an unimproved street. I have reviewed this request and recommend its approval subject to the following provisions: 1. Work to be performed by an approved and bonded contractor. 2. A permit is to be obtained from the office of the City Engineer prior to construction. 3. All work shall be performed under the supervision of the City Engineer and at no cost to the City of Waterloo. $7.00 cash for the purpose of recording this waiver and a copy of the legal description have been provided to the City Clerk's office. UNPLATTED WLOO EAST ALL THAT PT OF NW SE SEC 14 T 89 R13LYINGNOFTHEICRR&SLY&WLYOFTHEWCF&N R R EXC N 150 FT & EXC STREETS Page 36 of 247 WAIVER Date: 5� /7 Honorable Mayor and City Council City Hall Waterloo, IA 50703 Council Persons: hereby request a waiver to the driveway and sidewalk specifications for the construction of a - driveway or sidewalk located at concrete r asphalt) 5ZC) 1. 1Arke( This waiver is needed because of: (Address) special surface texture (i.e., exposed aggregate, brick stamped pattern, paving brick) to be used on the concrete approach. elimination of the sidewalk section due to the inability to meet requirements of the driveway and sidewalk policy, paragraph 1. asphalt driveway with the elimination of the sidewalk section. Xplacing a drivede- . or sidewalk on City right of way on an unimproved street. I agree to the following: 1. To remove and replace this driveway to an official elevation at no additional expense to the City of Waterloo at such time that sidewalk is constructed. 2. To remove and replace the private driveway, as needed, to an official elevation at no additional expense to the City of Waterloo at such time that curb and gutter is constructed. 3. To pay for any additional expenses for the replacement of any such textured driveway or sidewalk that has been removed for any City of Waterloo project. 4. To employ a bonded contractor who shall obtain a permit from the office of the City Engineer. 5. To have the driveway constructed according to the specifications and policies of the City Engineer and under his supervision. 6. This waiver is for this property only. Attached herewith is a payment in the amount of seven dollars ($7.00) for the purpose of recording this agreement. Respectfully submitted, f„t, e Print d a e of Property Owner Signature of P ertyowner Page 37 of 247 CITY OF WATERLOO Council Communication Resolution re -setting the date ofbid opening as June 8, 2017, and date of public hearing as June 12, 2017 in conjunction with the Waterloo Regional Airport Hangar No. 5 Rehabilitation, and instruct the City Clerk to publish said notice. City Council Meeting: 6/5/2017 Prepared: 5/10/2017 REVIEWERS: Department Airport Clerk Office Reviewer Kaspari, Keith Even, LeAnn ATTACHMENTS: Description D PDF Copy of Notice of Public Hearing D PDF Copy of Notice to Bidders D Pictures of Hangar No: 5 Gutters D Pictures of Hangar No: 5 Gutters 2 ID Exterior Picture of Hangar No: 5 D Interior Lighting Picture of Hangar No: 5 SUBJECT: Submitted by: Recommended Action: Expenditure Required: Source of Funds: Policy Issue: Alternative: Action Approved Approved Type Cover Memo Cover Memo Cover Memo Cover Memo Cover Memo Cover Memo D ate 5/10/2017 - 12:16 PM 5/10/2017 - 12:26 PM Resolution re -setting the date ofbid opening as June 8, 2017, and date of public hearing as June 12, 2017 in conjunction with the Waterloo Regional Airport Hangar No. 5 Rehabilitation, and instruct the City Clerk to publish said notice. Submitted By: Keith Kaspari, Airport Director That resolution preliminarily approving specification, form on contract, etc., and bid opening as June 1, 2017 at 1:00 p.m. in the City Clerk's Office of City Hall in the First Floor Conference Room on the above described bid proposal, be adopted and City Clerk instructed to public notice of the same. No Airport Department operating funds, nor any City CIP funds will be used to pay on this project. This project will be 100% approved via the FY -2017 grant from the IDOT Commercial Service Vertical Infrastructure (CSVI) program. N/A N/A This program will allow for improvements to the Hangar 5 exterior (Gutters, Etc.) and interior (Hangar Bay area lighting), and pending IDOT's approval Page 38 of 247 Background Information: to redirect approximately $42,300 of grant funds from FY -2016 to 2017, this redirect of funds would allow for additional exterior improvements with repairs to the Hangar No: 5 roof. See attached pics of Hangar 5 Gutters. What occurs, is that the winter season rains freezes, then backs up with water infiltration coming into the hangar structures, causing mold, and other water problems inside the hangar. This project looks to fix this once and for all. Also, this project will replace 1970's era fluorescent light fixtures with the installation of next generation hangar bay interior lights via the introduction of LED fixtures. This should provide enhanced lighting, but also long service life and energy efficiencies never before realized. Legal Descriptions: N/A Page 39 of 247 NOTICE OF PUBLIC HEARING On Proposed Plans, Specifications, Form of Contract, And Estimate of Cost For the Hangar No. 5 Rehabilitation In the City of Waterloo, Iowa RECEIVING OF BIDS Sealed proposals will be received by the City Clerk of the City of Waterloo, Iowa, at her office in the City Hall of the said City on the 1st day of June, 2017, until 1:00 p.m. for the construction of the HANGAR NO. 5 REHABILITATION as described in detail in the plans and specifications now on file in the Office of the City Clerk. OPENING OF BIDS All proposals received will be opened in the First Floor Conference Room at City Hall, in the City of Waterloo, Iowa, on the 1st day of June, 2017, at 1:00 p.m., and the proposals will be acted upon at such later time and place as may then be fixed by the City Council. PUBLIC HEARING Notice is hereby given that the Council of said City will conduct a public hearing on the proposed plans, specifications, form of contract, and estimate of cost for the construction of the above-described improvement project at 5:30 p.m. on the 5th day of June, 2017, said hearing to be held in the Harold E. Getty Council Chambers in City Hall in said City. The proposed plans, specifications, form of contract, and estimate of cost for said improvements heretofore prepared by AECOM are now on file in the office of the City Clerk for public examination, and any person interested therein may file written objection thereto with the City Clerk before the date set for said hearing, or appear and make objection thereto with the City Clerk before the date set for said hearing, or appear and make objection thereto at the meeting above set forth. The NOTICE TO BIDDERS can be viewed at the following locations: 1) City of Waterloo web site at http://ci.waterloo.ia.us/ 2) Plan rooms: Master Builders of Iowa 221 Park Street, PO Box 695 Des Moines, IA 50303 McGraw Hill Construction Dodge 3315 Central Ave. Hot Springs, AR 71913 Reed Construction Data 30 Technology Parkway South, Ste. 500 Norcross, GA 30092 3) Plan Room Web sites: Master Builders of Iowa web site at www.mbionline.com Dodge Lead web site: http://dodgeprolects.construction.com/ Reed Const. Data Lead web site: http://www.cmdgroup.com/prosect-leads/ NOTICE OF PUBLIC HEARING HANGAR NO. 5 REHABILITATION AECOM 60532584 NPH -1 of 2 Page 40 of 247 SCOPE OF WORK The project consists of the rehabilitation of Hangar No. 5 at the Waterloo Regional Airport. The rehabilitation includes replacement of select metal roofing panels, coating of the entire roof, replacement of gutters and downspouts, and replacement of interior hangar bay lighting with high bay LED Fixtures and exterior lighting with LED Fixtures. Published pursuant to the provisions of Chapter 26 of the City Code of Iowa and upon order to the City Council of said Waterloo, Iowa, on the day of , 2017. CITY OF WATERLOO, IOWA BY: Kelley Felchle City Clerk NOTICE OF PUBLIC HEARING HANGAR NO. 5 REHABILITATION AECOM 60532584 NPH -2 of 2 Page 41 of 247 NOTICE TO BIDDERS For the Taking of Construction Bids for the HANGAR NO. 5 REHABILITATION In the City of Waterloo, Iowa RECEIVING OF BIDS Sealed proposals will be received by the City Clerk of the City of Waterloo, Iowa, at her office in the City Hall of the said City on the 1st day of June, 2017, until 1:00 p.m. for the construction of HANGAR NO. 5 REHABILITATION, as described in detail in the plans and specifications now on file in the Office of the City Clerk. OPENING OF BIDS All proposals received will be opened in the First Floor Conference Room at City Hall, in the City of Waterloo, Iowa, on the 1st day of June, 2017, at 1:00 p.m., and the proposals will be acted upon at such later time and place as may then be fixed by the City Council. PRE-BID MEETING A pre-bid meeting for this project will NOT be held, but contractors are urged to make a site visit and familiarize themselves with existing conditions. Bidders shall arrange an individual site visit prior to Bidding by contacting the Airport Director at (319)291-4483. PUBLIC HEARING The Council of said City will conduct a public hearing on the proposed plans, specifications, form of contract, and estimate of cost for the construction of the above-described improvement project at 5:30 p.m. on the 5th day of June, 2017, said hearing to be held in the Harold E. Getty Council Chambers in City Hall in said City. SCOPE OF WORK The project consists of the rehabilitation of Hangar No. 5 at the Waterloo Regional Airport. The rehabilitation includes replacement of select metal roofing panels, coating of the entire roof, replacement of gutters and downspouts, and replacement of interior hangar bay lighting with high bay LED Fixtures and exterior lighting with LED Fixtures. BEGINNING AND COMPLETION DATES The work under the proposed contract shall be commenced within ten (10) working days after receipt of "Notice to Proceed" and all items shall be completed on or before July 31, 2017. METHOD OF PAYMENT TO CONTRACTOR The Contractor will be paid against bi-monthly estimates in cash on the basis of ninety-five percent (95%) of the work as it is completed and materials delivered and work approved. Final payment will be made thirty-one (31) days after completion of the work and acceptance by the Council. Before final payment is made, vouchers showing that all subcontractors and workmen and all persons furnishing materials have been fully paid for such materials and labor will be required unless the City is satisfied that material, men and laborers have been paid. NOTICE TO BIDDERS AECOM 60532584 HANGAR NO. 5 REHABILITATION NB -1 of 4 Page 42 of 247 The Contractor is hereby notified that if the City does not have cash on hand to pay monthly pay estimates, according to Chapter 384.57 of the Code of Iowa, payment may be made by anticipatory warrants issued bearing a rate of interest not exceeding that permitted by Chapter 74A, Code of Iowa. PLANS AND SPECIFICATIONS Plans and Specifications governing the construction of the proposed improvements have been prepared by AECOM, which plans and specifications and also the prior proceedings of the City Council referring to and defining said proposed improvements are hereby made a part of this notice, and the proposed contract by reference shall be executed in compliance therewith. Plans and Specifications are available from AECOM upon the receipt of a $25.00 refundable deposit (check only). Deposits will be refunded if the plans are returned in usable condition (i.e. generally free of highlights, ink markings, tears, stickers, water stains and soiling) to AECOM, 501 Sycamore Street, Suite 222, Waterloo, Iowa, by the end of the 14th consecutive day after the project has been awarded. No deposits will be refunded for any requests or plans received after the 14th consecutive day, which includes plans returned via mail service. Plan holders are responsible for ascertaining when the project has been awarded. . If the plan holder is the prime contractor or a subcontractor or supplier of the prime contractor that has been awarded the project, Plans and Specifications do not need to be returned to receive the deposit. The prime contractor must submit a list of his subcontractors and suppliers for AECOM to verify eligibility for the refundable deposit. Upon award of project, the prime contractor, his subcontractors and suppliers shall be supplied with the needed number of plans and specifications at no additional cost. CONTRACT AWARD A contract will be awarded to the qualified bidder submitting the lowest bid. The City reserves the right to reject any or all bids, re -advertise for new bids, and to waive informalities in the bids submitted that might be in the best interest of the City. Bids may be held by the City of Waterloo, Iowa, for a period not to exceed thirty (30) days from the day of the opening of bids for the purpose of reviewing the bids and investigating the qualifications of bidders, prior to awarding the contract. By virtue of statutory authority, a preference will be given to products and provisions grown and coal produced with the State of Iowa and preference will be given to local domestic labor in the construction of the improvement. PROPOSALS SUBMITTED The bidder shall submit bids on the items listed in the proposal. The bidder shall clearly write or type the unit bid price and the bid item extension (Unit Price x Estimated Qty) in numerals on the blanks provided. Should there be any discrepancy between the unit bid price and extension, the City of Waterloo shall consider the unit bid price as being the valid unit bid price. The bidder has the option to submit a computer-generated spreadsheet in lieu of the portion of the Form of Bid or Proposal, which includes the Bid Item Number, Description, Unit, Estimated Quantity, Unit Bid Price, Total Bid Price and Total Bid. The computer-generated spreadsheet shall include all of the information listed in that portion of the Form of Bid or Proposal as well as bear the signature of the Prime Contractor submitting the bid. For the bidders who submit a computer-generated spreadsheet, the TOTAL BID (with alternates, if applicable) shall also be indicated in the space(s) provided on the Form of Bid or Proposal. NOTICE TO BIDDERS AECOM 60532584 HANGAR NO. 5 REHABILITATION NB -2 of 4 Page 43 of 247 BID SECURITY REQUIRED All bids must be accompanied in a separate envelope by a certified or cashier's check drawn on an Iowa bank, or a bank chartered under the laws of the United States, a certified share draft drawn on a credit union in Iowa or chartered under the laws of the United States, or bid bond, (on the form furnished by the City) payable to the City of Waterloo, Iowa, in the sum of not less than five percent (5%) of the bid submitted, which certified check, certified share draft or bid bond will be held as security that the Bidder will enter into a Contract for the construction of the work and will furnish the required bonds, and in case the successful Bidder shall fail or refuse to enter into the Contract and furnish the required bonds, his bid security may be retained by said City as agreed upon liquidated damages. If bid bond is used, it must be signed by both the Bidder and the surety or surety's agent. Signature of surety's agent must be supported by accompanying Power of Attorney. PERFORMANCE & PAYMENT BONDS The successful bidder will be required to furnish a "Performance Bond" and a "Payment Bond" within ten (10) days after forms are presented to him in an amount equal to one hundred percent (100%) of the contract price, said bond to be issued by a responsible surety approved by the City Council and shall guarantee the faithful performance of the contract and the terms and conditions therein contained, and shall guarantee the prompt payment of all materials and labor and protect and save harmless the City from claims of any kind caused by the operations of the contractor. MAINTENANCE BOND Before the Contractor shall be entitled to receive final payment for work done under this contract, it shall execute and file a bond in the penal sum of not less than 100% of the total amount of the contract, same to be known as "Maintenance Bond," and which bond must be approved by the City Council, and which bond is in addition to the bond given by the Contractor to guarantee the completion of the work. CONTRACT COMPLIANCE PROGRAM / SUBCONTRACTING The program proposes numerical projections regarding utilization of Minority Business Enterprise (MBE) and Women Business Enterprise (WBE) as Subcontractors, vendors and suppliers in the performance of Contracts awarded by the City of Waterloo, Iowa. A goal of at least ten percent (10%) for MBE participation on all City funded construction projects that are estimated at $50,000.00 or more. A goal of at least two percent (2%) for WBE participation on all City funded construction projects that are estimated at $50,000.00 or more. Any project funded in part or in total with federal funds shall follow the respective agencies contract compliance program and goals. The Prime Contractor shall make "good -faith efforts" to meet the Contract Compliance MBE/WBE goals. The MBE/WBE subcontractors, suppliers or vendors must provide the Prime Contractor a reasonably competitive price for the service being rendered or the Contractor is not required to accept their bid. PREDETERMINED WAGE RATE Predetermined wage rates do not apply to work on this project. LIQUIDATED DAMAGES Time is an essential element of this contract. It is important that the work be diligently pursued to completion. If the work is not completed within the specified contract period, plus authorized extensions, the contractor shall pay to the City Liquidated Damages in the amount of Five Hundred Dollars ($500.00) per day, for each day, as further described herein, in excess of the authorized time. Days beyond the specified completion date for which Liquidated Damages will be charged will be working days that the contractor does, or could have worked, from Monday through Saturday. Sundays will be NOTICE TO BIDDERS AECOM 60532584 HANGAR NO. 5 REHABILITATION NB -3 of 4 Page 44 of 247 counted only if work is performed. Partial working days will be considered as a full working day. Days not chargeable for Liquidated Damages will include rain days, Sunday if no work is done, and legal holidays. Working days will cease to be charged when only punch list items remain to be completed. Punch list items do not include contract bid items or approved change/extra work orders. When the Contractor believes the project to be substantially completed, a written notice stating the same shall be submitted to the Engineer and a request made for a Punch List. If the work under the Contract extends beyond the normal construction season for such work the Contractor shall submit to the Engineer in writing a request that working days counted toward the project be suspended until work is resumed the following construction season. This amount is not construed as a penalty. These damages are for the cost to the City of providing the required additional inspection, engineering and contract administration. PRE -CONSTRUCTION CONFERENCE Before the work is commenced on this contract, a conference shall be held for the purpose of discussing the contract. The conference shall be attended by the prime contractor, subcontractors and City Officials. RESIDENT BIDDER/NON-RESIDENT BIDDER Attention of bidders is called to compliance with the provisions of the Resident Bidder/Non-Resident Bidder requirements. Each bidder submitting a bid shall execute and include with the bid, a Resident Bidder Certification or a Non -Resident Bidder Certification in the form(s) herein provided. SALES TAX EXEMPTION CERTIFICATES Contractors and approved subcontractors will be provided a Sales Tax Exemption Certification to purchase building materials or supplies in the performance of construction contracts let by the City of Waterloo. Posted pursuant to the provisions of Chapter 26 of the City Code of Iowa. CITY OF WATERLOO, IOWA NOTICE TO BIDDERS AECOM 60532584 HANGAR NO. 5 REHABILITATION NB -4 of 4 Page 45 of 247 , „„ 1:11„!,,,„.„.„ „„wN,*v„% , ,„,,„,„„, r� °�� ...,,,uw�„� ,��U����-� h "'_ I �I 4 ' CITY OF WATERLOO Council Communication Resolution setting date of public hearing as June 12, 2017 for the sale and conveyance of 657A property, located at 1606 Williston Avenue, setting date of bid opening as June 8, 2017 and directing City Clerk to publish said notice. City Council Meeting: 6/5/2017 Prepared: 5/31/2017 REVIEWERS: Department Planning & Zoning Clerk Office Reviewer Schroeder, Aric Even, LeAnn Action Approved Approved ATTACHMENTS: Description Type D Aerial Photo/Detailed Property Report Cover Memo SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Alternative: Legal Descriptions: D ate 5/31/2017 - 12:58 PM 5/31/2017 - 1:21 PM Resolution setting date of public hearing as June 12, 2017 for the sale and conveyance of 657A property, located at 1606 Williston Avenue, setting date of bid opening as June 8, 2017 and directing City Clerk to publish said notice. Submitted By: Noel Anderson -Community Planning and Development Director Approval The property at 1606 Williston Avenue was acquired through Iowa Code 657A in 2016. The property is in reasonably good shape considering it was vacant for approximately five years. The city has (2) two interested parties who wish to purchase the property for rehabilitation. N/A N/A Sale of City owned Property/Dilapidated Housing. Demolish and maintain. Lot 99, Kenwood Park, in the city of Waterloo, Iowa. Page 50 of 247 5/31/2017 Printable Map Output Black Hawk County Parcel Map Parcel ID: 8913-36-102-002 Deed Holder: _ CITY OF WATERLOO Parcel Address: 1606 WILLISTONAV, WATERLOO, IA 50702 Lagnd parceldim Phalo Black Hawk Co. nrtaep, parks Fid Ihrrroads f� TwanshlPs „.• saoaons Wafer _ 1 Parcels flIphlsaUAWy IlTownship �y; City Linrs rallroad_dlm srnema_ roaddim watamsma_ Ila `I-. 182.6' •kdSetd . ,,p i" ad'• P y 114. Y �Q } .^ �p l _r'#se"' . WILLISTON AVE. fr `"eK . ya `+��" �F,, d a i, �. Arm.. R'# od b<'+9m"+r:•. � - , Se .`.. _ �hosptal 4all I.. 4 TM:y r~ tAerial I Y4 1 . - - , ,a I��l� '- - 8 if .(I e f 1 r ,rf ' a Its. j.iiP ' ,r + i, Iry I 1I "TgNi. ■' A1au crc+alod wl1h ArcIMS p l • Cupyaglri;CI �5S I')221 y • CSRI Ine. .. b '3: ..fi11 r e4 1' 0. stl_Y --11-'4 ii @IR Rrcn /f Black Hawk County, Iowa 316 East 5th Street Waterloo, Iowa 50703-4774 Phone: (319) 833-3002 Fax: (319) 833-3070 E-mail: auditor{a?co.black-hawk.ia.us.orq Map Disclaimer: This map does not represent a survey. No liability is assumed for the accuracy of the data delineated herein, either expressed or implied by Black Hawk County, the Black Hawk County Assessor or their employees. This map is compiled from official records, including plats, surveys, recorded deeds, and contracts, and only contains information required for focal government purposes. See the recorded documents for more detailed legal information. Page 51 of 247 1/1 W31/2017 Black Hawk County Detailed Parcel Report BLACK HAWK COUNTY REAL ESTATE ASSESSMENT AND TAX INFORMATION Parcel ID 8913-36-102-002 PDF No. 4 Map Area CWTLO-06 Property Address 1606 WILLISTON AV WATERLOO, IA 50702-3912 Deed Holder CITY OF WATERLOO Contract Buyer ax Mail to Address ITY OF WATERLOO 15 MULBERRY ST TTN: FINANCE DEPARTMENT ATERLOO, IA 50703-0000 [Current Recorded Transfer Date Drawn Date Filed Recorded Document 10/19/2016 10/21/2016 ,2017 007695 Type D SALES None BUILDING PERMIT Date 7/14/2016 /20/2012 10/23/2006 Number A 11170 A 03423 A 1456 mount 500 525 Reason Roof Roof Roof ASSESSED VALUES/CREDITS Year 2017 Values pending Board of Review Action iiiMENEENEEMIEREEMEEMk 100% Value Taxable Value Land Multi -Residential Land Land 12,130 Multi -Residential Land 0 Class E Dwelling 'Building Total Acres 58,440 70,570 [Dwelling Building _158,440 10 otal 70,570 Year 2016 100% Land Multi -Residential Land Value 12,130 Taxable Land Multi -Residential Land Value 6,907 lass R Dwelling 58,440 Building 0 atal 70,570 Acres 0 Dwelling 33,275 Building 0 rotal 0,182 Year 2015 100% Value masizzammsamma Taxable Value Year 2014 100% Value 142111 Taxable Value Land Multi -Residential Land 12,130 Land Multi -Residential Land 6,747 Multi -Residential Land 12,130 0 Land Land Multi -Residential Land 6,760 0 Class R Class R Dwelling Building Total Acres 58,440 0 70,570 0 Dwelling 32,508 Dwelling 55,190 Building 0 otal 39,255 Dwelling 30,759 Building obi 0 V7,320 Acres 0 Building 0 Total 37,519 TAX INFORMATION ASSESSMENT YEAR 2015 PAYABLE 2016/2017 Tax District 940001 - WATERLOO Corp rNocorp Gross Value 70,570 0 Taxable Value 39,255 0 Military Exemption 0 0 Homestead Disabled Veteran Property Tax Relief http://www2.cablack-hawk.ia.uslwebsite/bhmaplbhRepDet.asp?apn=891336302002 Levy Rate 40.78414 0 [Ag Gross Tax $1,600.98 Net Tax $1,600.00 $0.00 [Business Pro T2of217 1!3 5/31/2017 Corp Nocor Credit $0.00 Credit $0.00 Black Hawk County Detailed Parcel Report Credit Credit Credit $0.00 $0,00 LEGAL $0.00 $0.00 WISMEZNIIEHZIZE 1KENWOOD PARK LOT 99 Basis Front Foot Totals: LAND Side 2 127 DWELLING CHARACTERISTICS Lot rea 0. .350 6350 Acres 0.146 0.146 Sin• Ie-Famil / Owner Occu • ied 1940 1 Sto Frame :56 otal Rooms Above 5 Heat otal Rooms Below otal Living Area 1241 Bedrooms Above Basement Finished Area 0 Foundation C Bik Exterior Walls 3/4 Finished Bedrooms Below No Basement Floor 0 Floorin Interior Finish Drwl Roof s.h 1 Gable Non -Base Heating Plumbing Floor/Wall Pi • eless Handfired 1 Full Bath GARAGES Year Built Style Width Length Area Basement Qtrs Over Area AC 0 A 1939 1950 Det Frame Det Frame 12 22 18 26 216 572 0 0 None None 0 0 BASEMENT STALLS None Description CONC PAT 8X20 Year Built 1940 ,Entry Status: Estimated Quantity 1 Plot No. Extended Description Quantity=160.00, Units=Square Feet, Height=0 http://www2.co.black-hawk.i a.us/website/bhmap/bhRepDeiasp?apn=891336102002 Page 53 of 247 2/3 5/31/2017 Black Hawk County Detailed Parcel Report 28 32 1B B A FR (MAIN) 24 [856] 22 1 Date Website Last Updated: 05/19/2017 01,4041.1. http:llwww2.co.black-hawk.ia. uslwebs i telbhm aplbhRepDet.asp?apn=891336102002 Page 54 of 247 3/3 CITY OF WATERLOO Council Communication Resolution re -setting date of bid opening as June 8, 2017 and date of public hearing as June 12, 2017, for the General Aviation Terminal Building HVAC Replacements via the ID O T Commercial Service Vertical Infrastructure Project, and instruct the City Clerk to publish said notice. City Council Meeting: 6/5/2017 Prepared: 5/31/2017 REVIEWERS: Department Reviewer Action Date Airport Higby, Nancy Approved 5/31/2017 - 3:09 PM SUBJECT: Resolution re -setting date of bid opening as June 8, 2017 and date of public hearing as June 12, 2017, for the General Aviation Terminal Building HVAC Replacements via the IDOT Commercial Service Vertical Infrastructure Project, and instruct the City Clerk to publish said notice. Submitted by: Submitted By: Keith Kaspari, Airport Director Page 55 of 247 CITY OF WATERLOO Council Communication Resolution canceling the regular city council meeting of July 3, 2017. City Council Meeting: 6/5/2017 Prepared: 5/24/2017 REVIEWERS: Department Reviewer Action Date Clerk Office Higby, Nancy Approved 5/24/2017 - 4:22 PM SUBJECT: Resolution canceling the regular city council meeting of July 3, 2017. Submitted by: Submitted By: Kelley Felchle, City Clerk Page 56 of 247 CITY OF WATERLOO Council Communication Resolution approving request for authorization to publish 2016 salaries for city employees and officials, as required by law. City Council Meeting: 6/5/2017 Prepared: 6/1/2017 REVIEWERS: Department Reviewer Action Date Clerk Office Higby, Nancy Approved 6/1/2017 - 10:23 AM SUBJECT: Submitted by: Resolution approving request for authorization to publish 2016 salaries for city employees and officials, as required by law. Submitted By: Kelley Felchle, City Clerk Page 57 of 247 CITY OF WATERLOO Council Communication Resolution approving preliminary plans, specifications, and form of contracts etc., setting date ofbid opening as of June 22, 2017 and date of public hearing as June 26, 2017, in conjunction with the Waterloo Regional Airport, Reconstruct Taxiway C (Bid Package No. 1), FAAAirport Improvement Program 3-19-0094-0045, and instruct the City Clerk to publish said notice. City Council Meeting: 6/5/2017 Prepared: 6/5/2017 REVIEWERS: Department Airport Clerk Office ATTACHMENTS: Description Notice of Public Hearing - Taxiway Charlie (Bid Package No: 1) Reviewer Kaspari, Keith Even, LeAnn SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Action Approved Approved Type Cover Memo D ate 6/5/2017 - 12:52 PM 6/5/2017 - 12:54 PM Resolution approving preliminary plans, specifications, and form of contracts etc., setting date ofbid opening as of June 22, 2017 and date of public hearing as June 26, 2017, in conjunction with the Waterloo Regional Airport, Reconstruct Taxiway C (Bid Package No. 1), FAAAirport Improvement Program 3-19-0094-0045, and instruct the City Clerk to publish said notice. Submitted By: Keith Kaspari, Director of Aviation Resolution setting the date of hearing for June 26, 2017 on specifications, form of contract, etc, and bid opening as June 22 at 1:00 p.m. in the City Clerk's office of City Hall in the First Floor Conference Room. This project will continue the rehabilitation of aviation pavements at Waterloo Regional Airport. Taxiway Charlie is the primary pavement used for aircraft operations as a parallel taxiway to our secondary runway, and will be the primary taxiway used when our primary runway (Runway 12/30) is placed out of service in the coming years for extensive pavement rehabilitation. This project was bid last year, yet the airport did not have sufficient federal funds to complete the work. Therefore, we are using the remaining funds from FY -2015, and 100% of entitlement funds from both FY's 2016 & 2017. With the City's 10% local match, Staff remains hopeful that we'll now have sufficient funding to complete the work. Page 58 of 247 Source of Funds: Policy Issue: Alternative: Background Information: Legal Descriptions: Approximately 90% of funds will be derived via FAA Grant No: 45 with the remaining 10% balance being derived via the FAA and ALO's Passenger Facility Charge program. N/A No alternatives were selected for this project. This project allows for the pavement rehabilitation of the following: 1. Rehabilitation of Taxiway Charlie; 2. Rehabilitation of a Runway Pavement Joint on Runway 12/30; and, 3. Airfield Painting / Pavement Marking for Runway 12/30, Runway 18/36, Aprons, and Adjacent Taxiways. N/A Page 59 of 247 NOTICE OF PUBLIC HEARING On Proposed Plans, Specifications, Form of Contract, and Estimate of Cost and the NOTICE TO BIDDERS For the Taking of Construction Bids For the RECONSTRUCT TAXIWAY C BID PACKAGE #1 AT THE WATERLOO REGIONAL AIRPORT In the City of Waterloo, Iowa FAA AIP PROJECT NO. 3-19-0094-045 RECEIVING OF BIDS Sealed proposals will be received by the City Clerk of the City of Waterloo, Iowa, at her office in the City Hall of the said City on the 22nd of June, 2017, until 1:00 p.m. for Reconstruct Taxiway C, Bid Package #1, as described in detail in the plans and specifications now on file in the Office of the City Clerk. OPENING OF BIDS All proposals received will be opened in the First Floor Conference Room at City Hall in the City of Waterloo, Iowa, on the 22nd day of June 2017, at 1:00 p.m., local time, and the proposals will be acted upon at such later time and place as may then be fixed. PRE-BID MEETING A pre-bid meeting for this project will be held in the Second Floor Conference Room of the Terminal Building at the Waterloo Regional Airport at 10:00 A.M., Local Time, on June 15, 2017. PUBLIC HEARING Notice is hereby given that the Council of said City will conduct a public hearing on the proposed plans, specifications, form of contract, and estimate of cost for the construction of the above-described improvement project at 5:30 p.m. on June 26, 2017, said hearing to be held in the Harold E. Getty Council Chambers in the City Hall in said City. The proposed plans, specifications, form of contract, and estimate of cost for said improvements heretofore prepared by the AECOM are now on file in the office of the City Clerk for public examination, and any person interested therein may file written objection thereto with the City Clerk before the date set for said hearing, or appear and make objection thereto with the City Clerk before the date set for said hearing, or appear and make objection thereto at the meeting above set forth. SCOPE OF WORK The work to be performed in this project shall include the following described improvements at the Waterloo Regional Airport, Waterloo, Iowa: • Reconstruction of Taxiway C north and south of Runway 12/30 with 8 -inch Portland Cement Concrete Pavement • Removal and replacement of Taxiway C Medium Intensity Edge Lights, wiring and conduit and replacement with new LED Medium Intensity Taxiway Edge Lights, new conduit and wiring and LED Guidance Signage • Removal of existing subdrain system and installation of new system. • Pavement marking for Taxiway C FAA AIP # 3-19-0094-045 NPH -1 AECOM Project # 60537973-BP1 Waterloo Regional Airport Reconstruct Ta ageyr b0 Of 247 BEGINNING AND COMPLETION DATES The work under the proposed contract shall be commenced within ten (10) calendar days after receipt of "Notice to Proceed" and shall be completed in one hundred fifty (150) calendar days from the date established in the Notice To Proceed. It is anticipated the project will have a winter shutdown period, and permanent seeding and pavement marking will be completed during the spring of 2018. Failure to complete within the allotted time will result in assessment of liquidated damages. METHOD OF PAYMENT TO CONTRACTOR The Contractor will be paid against monthly estimates in cash on the basis of ninety-five percent (95%) of the work as it is completed and materials delivered and work approved. Final payment will be made thirty-one (31) days after completion of the work and acceptance by the Council. Before final payment is made, vouchers showing that all subcontractors and workmen and all persons furnishing materials have been fully paid for such materials and labor will be required unless the City is satisfied that material, men and laborers have been paid. The Contractor is hereby notified that if the City does not have cash on hand to pay monthly pay estimates, according to Chapter 384.57 of the Code of Iowa, payment may be made by anticipatory warrants issued bearing a rate of interest not exceeding that permitted by Chapter 74A, Code of Iowa. PLANS AND SPECIFICATIONS Plans and Specifications governing the construction of the proposed improvements have been prepared by AECOM, which plans and specifications, and also the prior proceedings of the City Council referring to and defining said proposed improvements are hereby made a part of this notice, and the proposed contract by reference shall be executed in compliance therewith. Copies of the plans and specifications and wage rate decision are on file and may be inspected at: Office of Director of Aviation or AECOM Waterloo Regional Airport 501 Sycamore Street, Suite 222 2790 Livingston Lane Waterloo, Iowa 50703 Waterloo, Iowa 50703 Plans and Specifications may be obtained by applying to the AECOM office listed above. Requests shall include street address for delivery of documents. A $30.00 deposit is required for each set of Bidding Documents. Said $30.00 deposit is fully -refundable if the Bidding Documents are returned in usable condition (i.e. free of highlights, ink markings, tears, stickers, water stains and soiling) to the Engineer's Office by the end of the 14th consecutive day after the project has been awarded. No deposits will be refunded for any plans received after the 14th consecutive day, which includes plans returned via mail service. Plan holders are responsible for ascertaining when the project has been awarded. Payment shall be by check only. This deposit policy shall also apply to the prime contractor awarded the project for all plans and specifications obtained and distributed by the prime contractor to their subcontractors and suppliers in determining the prime contractor's bid, if the prime contractor wishes for their deposit to be returned. Upon award of project, the prime contractor shall be supplied with the needed number of plans and specifications at no additional cost. CONTRACT AWARD A contract will be awarded to the qualified bidder submitting the lowest total bid. FAA AIP # 3-19-0094-045 NPH -2 AECOM Project # 60537973-BP1 Waterloo Regional Airport Reconstruct Ta ageyr bl of 247 The City reserves the right to reject any or all bids, re -advertise for new bids, and to waive informalities in the bids submitted that might be in the best interest of the City. Bids may be held by the City of Waterloo, Iowa, for a period not to exceed sixty (60) days from the day of the opening of bids for the purpose of reviewing the bids and investigating the qualifications of bidders, prior to awarding the contract. By virtue of statutory authority, a preference will be given to products and provisions grown and coal produced with the State of Iowa and preference will be given to local domestic labor in the construction of the improvement. PROPOSALS SUBMITTED The bidder shall submit bids on the items listed in the proposal. The bidder shall clearly write or type the unit bid price and the bid item extension (Unit Price x Estimated Qty) in numerals on the blanks provided. Should there be any discrepancy between the unit bid price and extension, the City of Waterloo shall consider the unit bid price as being the valid unit bid price. The bidder has the option to submit a computer-generated spreadsheet in lieu of the portion of the Form of Bid or Proposal, which includes the Bid Item Number, Description, Unit, Estimated Quantity, Unit Bid Price, Total Bid Price and Total Bid. The computer-generated spreadsheet shall include all of the information listed in that portion of the Form of Bid or Proposal as well as bear the signature of the Prime Contractor submitting the bid. For the bidders who submit a computer-generated spreadsheet, the TOTAL BID (with alternates, if applicable) shall also be indicated in the space(s) provided on the Form of Bid or Proposal. BID SECURITY REQUIRED All bids must be accompanied in a separate envelope by a certified or cashier's check drawn on an Iowa bank, or a bank chartered under the laws of the United States, a certified share draft drawn on a credit union in Iowa or chartered under the laws of the United States, or bid bond, (on the form furnished by the City) payable to the City of Waterloo, Iowa, in the sum of not less than five percent (5%) of the bid submitted, which certified check, certified share draft or bid bond will be held as security that the Bidder will enter into a Contract for the construction of the work and will furnish the required bonds, and in case the successful Bidder shall fail or refuse to enter into the Contract and furnish the required bonds, his bid security may be retained by said City as agreed upon liquidated damages. If bid bond is used, it must be signed by both the Bidder and the surety or surety's agent. Signature of surety's agent must be supported by accompanying Power of Attorney. PERFORMANCE & PAYMENT BONDS The successful bidder will be required to furnish a "Performance Bond" and a "Payment Bond" within ten (10) days after forms are presented to him in an amount equal to one hundred percent (100%) of the contract price, said bond to be issued by a responsible surety approved by the City Council and shall guarantee the faithful performance of the contract and the terms and conditions therein contained, and shall guarantee the prompt payment of all materials and labor and protect and save harmless the City from claims of any kind caused by the operations of the contractor. CONTRACT COMPLIANCE PROGRAM / SUBCONTRACTING The program proposes numerical projections regarding utilization of Minority Business Enterprise (MBE) and Women Business Enterprise (WBE) as Subcontractors, vendors and suppliers in the performance of Contracts awarded by the City of Waterloo, Iowa. A goal of at least ten percent (10%) for MBE participation on all City funded construction projects that are estimated at $50,000.00 or more. A goal of at least two percent (2%) for WBE participation on all City funded construction projects that are estimated at $50,000.00 or more. Any project funded in part or in total with federal funds shall follow the respective agencies contract compliance program and goals. The FAA AIP # 3-19-0094-045 NPH -3 AECOM Project # 60537973-BP1 Waterloo Regional Airport Reconstruct Ta ageyr b2 of 247 Prime Contractor shall make "good -faith efforts" to meet the Contract Compliance MBE/WBE goals. The MBE/WBE subcontractors, suppliers or vendors must provide the Prime Contractor a reasonably competitive price for the service being rendered or the Contractor is not required to accept their bid. PREDETERMINED WAGE RATE Predetermined wage rates shall apply to all work on this project in accordance with General Decision No. IA170097. In addition, the Prime Contractor shall submit certified payrolls for itself and each approved subcontractor weekly to the project Engineer. The Contractor may use the Iowa DOT Certified Payroll form or other approved form. The Contractor shall list the craft for each employee covered by the Predetermined Wage Rates. The Prime Contractor shall sign each of the subcontractor's payrolls to acknowledge the submittal of the Certified Payroll. LIQUIDATED DAMAGES Time is an essential element of this contract. It is important that the work be diligently pursued to completion. If the work is not completed within the overall specified contract period of 150 calendar days, plus authorized extensions, the contractor shall pay to the City Liquidated Damages in the amount of five hundred dollars ($500.00) per calendar day, for each calendar day, as further described herein, in excess of the authorized time. Calendar days beyond the specified overall contract period of 150 calendar days for which Liquidated Damages will be charged will be working calendar days that the contractor does, or could have worked., from Monday through Saturday. Sundays will be counted only if work is performed. Partial working days will be considered as a full working day. Calendar days not chargeable for Liquidated Damages will include rain days, Sunday if no work is done, and legal holidays. Liquidated damages will be assessed for work that is not completed within thirty (30) calendar days from the date work commences in the Phase 3 work area at a rate of $1,000.00 per calendar day. Working Calendar days will cease to be charged when only punch list items remain to be completed. Punch list items do not include contract bid items or approved change/extra work orders. When the Contractor believes the project to be substantially completed, a written notice stating the same shall be submitted to the Engineer and a request made for a Punch List. If the work under the Contract extends beyond the normal construction season for such work, the Contractor shall submit to the Engineer in writing a request that calendar days counted toward the project be suspended until work is resumed the following construction season. This amount is not construed as a penalty. These damages are for the cost to the City of providing the required additional inspection, engineering and contract administration PRE -CONSTRUCTION CONFERENCE Before the work is commenced on this contract, a conference shall be held for the purpose of discussing the contract. The conference shall be attended by the prime contractor, subcontractors and City Officials. RESIDENT BIDDER/NON-RESIDENT BIDDER Attention of bidders is called to compliance with the provisions of the Resident Bidder/Non-Resident Bidder requirements. Each bidder submitting a bid shall execute and include with the bid, a Resident Bidder Certification or a Non - Resident Bidder Certification in the form(s) herein provided. FAA AIP # 3-19-0094-045 NPH -4 AECOM Project # 60537973-BP1 Waterloo Regional Airport Reconstruct Ta ageyr b3 of 247 SALES TAX EXEMPTION CERTIFICATES Contractors and approved subcontractors will be provided a Sales Tax Exemption Certification to purchase building materials or supplies in the performance of construction contracts let by the City of Waterloo. SITE INSPECTION Bidders are expected to visit the locality of the work and to make their own estimate of the facilities needed and the difficulties attending the execution of the proposed Contract, including local conditions. TIME FOR RECEIVING BIDS Bids received prior to the time of opening will be securely kept, unopened. The officer whose duty it is to open them will decide when the specified time has arrived, and no bid received thereafter will be considered. No responsibility will attach to an officer for the premature opening of a bid not properly addressed and identified. Unless specifically authorized, telegraphic bids will not be considered, but modifications by telegraph of bids already submitted will be considered if received prior to the hour set for opening. All proposals must be received at the address indicated herein above prior to the time and date specified for receipt of bids. Bids received after the specified time and date will be returned unopened. The City of Waterloo shall not be held responsible or accountable for delays in the delivery of any proposal by the U.S. Postal Service or other courier service. WITHDRAWAL OF BIDS Bids may be withdrawn on written or telegraphic request received from Bidders prior to the time fixed for opening. Negligence on the part of the Bidder in preparing the bid confers no right for the withdrawal of the bid after it has been opened. ERRORS IN BID Bidders or their authorized agents are expected to examine the Maps, Drawings, Specifications, Circulars, Schedule and all other instructions pertaining to the work, which will be open to their inspection. Failure to do so will be at the Bidder's own risk and he cannot secure relief on the plea of error in the bid. In case of error in the extension of prices, the unit price will govern. MINIMUM WAGE RATES If the wage determination of the Department of Labor incorporated in the advertised specifications does not include rates for classifications deemed appropriate by the bidder, the bidder is responsible for ascertaining the rates payable for such use in accomplishing the work. No inference concerning practice is to be drawn from their omission. Further, the omission does not, per se, establish any liability to the Government for increased labor costs resulting from the use of such classifications. EQUAL EMPLOYMENT OPPORTUNITY — EXECUTIVE ORDER 11246 AND 41 CFR PART 60 The Bidder's attention is called to the "Equal Opportunity Clause" and the "Standard Federal Equal Employment Opportunity Construction Contract Specifications" set forth within the supplementary provisions. The successful Bidder shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. FAA AIP # 3-19-0094-045 NPH -5 AECOM Project # 60537973-BP1 Waterloo Regional Airport Reconstruct Ta ageyr b4 Of 247 GOALS FOR MINORITY AND FEMALE PARTICIPATION — EXECUTIVE ORDER 11246 AND 41 CFR PART 60 1. The Bidder's attention is called to the "Equal Opportunity Clause" and the "Standard Federal Equal Employment Opportunity Construction Contract Specifications" set forth within the supplementary provisions. 2. The goals and timetables for minority and female participation, expressed in percentage terms for the contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows: Timetables: Goals for minority participation for each trade 4.7% Goals for female participation in each trade 6.9% These goals are applicable to all of the contractor's construction work (whether or not it is Federal or federally - assisted) performed in the covered area. If the contractor performs construction work in a geographical area located outside of the geographical area where the work is actually performed. With regard to this second area, the contractor also is subject to the goals for both its Federally involved and non -federally involved construction. CERTIFICATION OF NONSEGREGATED FACILITIES — 41 CFR PART 60 A certification of Nonsegregated Facilities must be submitted prior to the award of a federally -assisted construction contract exceeding $10,000 which is not exempt from the provisions of the Equal Opportunity Clause. Contractors receiving federally assisted construction contract awards exceeding $10,000, which are not exempt from provisions of the Equal Opportunity Clause, will be required to provide for the forwarding of the notice to prospective subcontractors for supplies and construction contracts where the subcontracts exceed $10,000 and are not exempt from the provisions of the Equal Opportunity Clause. The penalty for making false statements in offers in prescribed is 18 U.S.C. 1001. DISADVANTAGED BUSINESS ENTERPRISE — 49 CFR PART 26 The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of this DOT -assisted contracts. In accordance with 49 CFR Part 26A5, the sponsor has established a contract goal of 7.33 percent participation for small business concerns owned and controlled by certified socially and economically disadvantaged enterprise (DBE). The bidder shall make and document good faith efforts, as defined in Appendix A of 49 CFR Part 26, to meet this established goal. DAVIS-BACON ACT, AS AMENDED — 29 CFR PART 5 The Contractor is required to comply with wage and labor provisions and to pay minimum wages in accordance with the current schedule of wage rates established by the United States Department of Labor. DEBARMENT, SUSPENSION, INELIGIBILITY, AND VOLUNTARY EXCLUSION — 49 CFR PART 29 The bidder certifies, by submission of a proposal or acceptance of a contract, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. Individuals or companies listed in the General Services Administration's "Excluded Parties Listing System" will not be considered for award of contract. FOREIGN TRADE RESTRICTION — 49 CFR PART 30 The Bidder and Bidder's subcontractors, by submission of an offer and/or executive of a contract, is required to certify that it: 1. is not owned or controlled by one or more citizens of a foreign country included in the list of countries that discriminate against U.S. firms published by the Office of the United States Trade Representative (USTR); FAA AIP # 3-19-0094-045 NPH -6 AECOM Project # 60537973-BP1 Waterloo Regional Airport Reconstruct Ta ageyr b5 Of 247 2. has not knowingly entered into any contract or subcontract for this project with a person that is a citizen or national of a foreign country on said list, or is owned or controlled directly or indirectly by one of more citizens or nationals of a foreign country on said list; 3. has not procured any product nor subcontracted for the supply of any product for use on the project that is produced in a foreign country on said list. BUY AMERICAN CERTIFICATE — AVIATION SAFETY AND CAPACITY ACT OF 1990 This contract is subject to the "Buy American Preferences" of the Aviation Safety and Capacity Act of 1990. Per Title 49 U.S.C. Section 50101, all steel and manufactured products installed under an AIP assisted project must be produce in the United States unless the Federal Aviation Administration has granted a formal waiver. As a condition of bid responsiveness, Bidders must complete and submit as part of their proposal the enclosed Buy American certification. Bidder must indicate whether it intends to meet Buy America preferences by only installing steel and manufactured products produced with the United State of America; or if it intends to seek a permissible waiver to the Buy America requirements. MARKING AND MAILING BIDS Envelopes containing bids must be sealed and addressed to the City Clerk, 715 Mulberry Street, Waterloo, IA 50703; and marked in the upper left hand corner as follows: Bid of (Name and Address of Contractor) for Reconstruct Taxiway C, Bid Package #1, Waterloo Regional Airport, Waterloo, Iowa, FAA AIP Project No. 3-19-0094-45. Published pursuant to the provisions of Chapter 26 of the City Code of Iowa and upon order to the City Council of said Waterloo, Iowa, on the day of 2017. CITY OF WATERLOO, IOWA BY: Kelley Felchle City Clerk FAA AIP # 3-19-0094-045 NPH -7 AECOM Project # 60537973-BP1 Waterloo Regional Airport Reconstruct Ta ageyr b6 of 247 Intentionally Left blank FAA AIP # 3-19-0094-045 NPH -8 AECOM Project # 60537973-BP1 Waterloo Regional Airport Reconstruct Taage b i of 247 CITY OF WATERLOO Council Communication Resolution approving preliminary plans, specifications and form of contract, etc., setting date ofbid opening as June 22, 2017 and the date ofpublic hearing as June 26, 2017, in conjunction with the Waterloo Regional Airport (Bid Package No. 2) Runway 12/30 Pavement Joint Repair, Pavement Marking to Runways 12/30 and 18/36 and Adjacent Taxiways, FAA Airport Improvement Program 3-19-0094-0045, and instruct the City Clerk to publish said notice. City Council Meeting: 6/5/2017 Prepared: 6/5/2017 REVIEWERS: Department Airport Reviewer Even, LeAnn Action Approved ATTACHMENTS: Description Type Notice of Public Hearing (Bid Package No: 2) Cover Memo SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: D ate 6/5/2017 - 12:53 PM Resolution approving preliminary plans, specifications and form of contract, etc., setting date ofbid opening as June 22, 2017 and the date ofpublic hearing as June 26, 2017, in conjunction with the Waterloo Regional Airport (Bid Package No. 2) Runway 12/30 Pavement Joint Repair, Pavement Marking to Runways 12/30 and 18/36 and Adjacent Taxiways, FAA Airport Improvement Program 3-19-0094-0045, and instruct the City Clerk to publish said notice. Submitted By: Keith Kaspari, Director of Aviation Approve the above resolution. This project will provide continued pavement rehabilitation to a runway joint at Bravo 1 intersection of Runway 12/30 and Bravo Taxiway, in addition to pavement marking maintenance to all eligible airside pavements. This project is part 2 of 2 as Bid Package No: 2. This project will be bid as part of a larger project package that includes Bid Package No: 1. Funds for all elements of project Bid Packages Nos: 1 & 2 will be derived via FAA Grant No: 45. FAA funding allocation will be 90% with the City of Waterloo required to pay the remaining 10% balance. N/A Page 68 of 247 Alternative: Background Information: Legal Descriptions: No alternatives were selected for this project. As noted above, this project will continue to provide airside pavement rehabilitation to a major taxiway that parallels our secondary runway. This project was bid last year, yet Staff was not able to complete the project due to a lack of funds. Therefore, Staff is using the remaining funds from our FY -2015 grant program, and then all of our grant funds from FY's 2016 & 2017 in order to make the project go. N/A Page 69 of 247 NOTICE OF PUBLIC HEARING On Proposed Plans, Specifications, Form of Contract, and Estimate of Cost and the NOTICE TO BIDDERS For the Taking of Construction Bids For the RUNWAY 12/30 PAVEMENT JOINT REPAIR PAVEMENT MARKING RUNWAY 12/30, RUNWAY 18/36 AND TAXIWAYS BID PACKAGE # 2 AT THE WATERLOO REGIONAL AIRPORT In the City of Waterloo, Iowa FAA AIP PROJECT NO. 3-19-0094-045 RECEIVING OF BIDS Sealed proposals will be received by the City Clerk of the City of Waterloo, Iowa, at her office in the City Hall of the said City on the 22nd day of June, 2017, until 1:00 p.m. for Runway 12/30 Pavement Joint Repair, Pavement Marking Runway 12/30, Runway 18/36 and Taxiways, Bid Package #2, as described in detail in the plans and specifications now on file in the Office of the City Clerk. OPENING OF BIDS All proposals received will be opened in the First Floor Conference Room at City Hall in the City of Waterloo, Iowa, on the 22nd day of June 2017, at 1:00 P.M., local time, and the proposals will be acted upon at such later time and place as may then be fixed. PRE-BID MEETING A pre-bid meeting for this project will be held in the Second Floor Conference Room of the Terminal Building at the Waterloo Regional Airport at 10:00 A.M., Local Time, on June 15, 2017. PUBLIC HEARING Notice is hereby given that the Council of said City will conduct a public hearing on the proposed plans, specifications, form of contract, and estimate of cost for the construction of the above-described improvement project at 5:30 p.m. on June 26, 2017, said hearing to be held in the Harold E. Getty Council Chambers in the City Hall in said City. The proposed plans, specifications, form of contract, and estimate of cost for said improvements heretofore prepared by the AECOM are now on file in the office of the City Clerk for public examination, and any person interested therein may file written objection thereto with the City Clerk before the date set for said hearing, or appear and make objection thereto with the City Clerk before the date set for said hearing, or appear and make objection thereto at the meeting above set forth. SCOPE OF WORK The work to be performed in this project shall include the following described improvements at the Waterloo Regional Airport, Waterloo, Iowa: • Pavement Repairs Runway 12/30 • Crack and Joint Repairs on Runway 12/30 • Pavement Marking Add Alternate Bid Options for Airfield Pavement Marking FAA AIP # 3-19-0094-045 AECOM Project # 60537973-BP2 NPH -1 Waterloo Regional Airport Runway 12/30 Pavement Joint Repair Pavement Marking Runway 12/30, Runway 18/36 an4 {axiwa70 of 247 BEGINNING AND COMPLETION DATES The work under the proposed contract shall be commenced within ten (10) calendar days after receipt of "Notice to Proceed" and shall be completed in one hundred twenty (120) calendar days from the date established in the Notice To Proceed. Failure to complete within the allotted time will result in assessment of liquidated damages. METHOD OF PAYMENT TO CONTRACTOR The Contractor will be paid against monthly estimates in cash on the basis of ninety-five percent (95%) of the work as it is completed and materials delivered and work approved. Final payment will be made thirty-one (31) days after completion of the work and acceptance by the Council. Before final payment is made, vouchers showing that all subcontractors and workmen and all persons furnishing materials have been fully paid for such materials and labor will be required unless the City is satisfied that material, men and laborers have been paid. The Contractor is hereby notified that if the City does not have cash on hand to pay monthly pay estimates, according to Chapter 384.57 of the Code of Iowa, payment may be made by anticipatory warrants issued bearing a rate of interest not exceeding that permitted by Chapter 74A, Code of Iowa. PLANS AND SPECIFICATIONS Plans and Specifications governing the construction of the proposed improvements have been prepared by AECOM, which plans and specifications, and also the prior proceedings of the City Council referring to and defining said proposed improvements are hereby made a part of this notice, and the proposed contract by reference shall be executed in compliance therewith. Copies of the plans and specifications and wage rate decision are on file and may be inspected at: Office of Director of Aviation or AECOM Waterloo Regional Airport 501 Sycamore Street, Suite 222 2790 Livingston Lane Waterloo, Iowa 50703 Waterloo, Iowa 50703 Plans and Specifications may be obtained by applying to the AECOM office listed above. Requests shall include street address for delivery of documents. A $30.00 deposit is required for each set of Bidding Documents. Said $30.00 deposit is fully -refundable if the Bidding Documents are returned in usable condition (i.e. free of highlights, ink markings, tears, stickers, water stains and soiling) to the Engineer's Office by the end of the 14th consecutive day after the project has been awarded. No deposits will be refunded for any plans received after the 14th consecutive day, which includes plans returned via mail service. Plan holders are responsible for ascertaining when the project has been awarded. Payment shall be by check only. This deposit policy shall also apply to the prime contractor awarded the project for all plans and specifications obtained and distributed by the prime contractor to their subcontractors and suppliers in determining the prime contractor's bid, if the prime contractor wishes for their deposit to be returned. Upon award of project, the prime contractor shall be supplied with the needed number of plans and specifications at no additional cost. CONTRACT AWARD A contract will be awarded to the qualified bidder submitting the lowest total bid. The City reserves the right to reject any or all bids, re -advertise for new bids, and to waive informalities in the bids submitted that might be in the best interest of the City. FAA AIP # 3-19-0094-045 AECOM Project # 60537973-BP2 NPH -2 Waterloo Regional Airport Runway 12/30 Pavement Joint Repair Pavement Marking Runway 12/30, Runway 18/36 ancL,Ta iwas1 of 247 Bids may be held by the City of Waterloo, Iowa, for a period not to exceed sixty (60) days from the day of the opening of bids for the purpose of reviewing the bids and investigating the qualifications of bidders, prior to awarding the contract. By virtue of statutory authority, a preference will be given to products and provisions grown and coal produced with the State of Iowa and preference will be given to local domestic labor in the construction of the improvement. PROPOSALS SUBMITTED The bidder shall submit bids on the items listed in the proposal. The bidder shall clearly write or type the unit bid price and the bid item extension (Unit Price x Estimated Qty) in numerals on the blanks provided. Should there be any discrepancy between the unit bid price and extension, the City of Waterloo shall consider the unit bid price as being the valid unit bid price. The bidder has the option to submit a computer-generated spreadsheet in lieu of the portion of the Form of Bid or Proposal, which includes the Bid Item Number, Description, Unit, Estimated Quantity, Unit Bid Price, Total Bid Price and Total Bid. The computer-generated spreadsheet shall include all of the information listed in that portion of the Form of Bid or Proposal as well as bear the signature of the Prime Contractor submitting the bid. For the bidders who submit a computer-generated spreadsheet, the TOTAL BID (with alternates, if applicable) shall also be indicated in the space(s) provided on the Form of Bid or Proposal. BID SECURITY REQUIRED All bids must be accompanied in a separate envelope by a certified or cashier's check drawn on an Iowa bank, or a bank chartered under the laws of the United States, a certified share draft drawn on a credit union in Iowa or chartered under the laws of the United States, or bid bond, (on the form furnished by the City) payable to the City of Waterloo, Iowa, in the sum of not less than five percent (5%) of the bid submitted, which certified check, certified share draft or bid bond will be held as security that the Bidder will enter into a Contract for the construction of the work and will furnish the required bonds, and in case the successful Bidder shall fail or refuse to enter into the Contract and furnish the required bonds, his bid security may be retained by said City as agreed upon liquidated damages. If bid bond is used, it must be signed by both the Bidder and the surety or surety's agent. Signature of surety's agent must be supported by accompanying Power of Attorney. PERFORMANCE & PAYMENT BONDS The successful bidder will be required to furnish a "Performance Bond" and a "Payment Bond" within ten (10) days after forms are presented to him in an amount equal to one hundred percent (100%) of the contract price, said bond to be issued by a responsible surety approved by the City Council and shall guarantee the faithful performance of the contract and the terms and conditions therein contained, and shall guarantee the prompt payment of all materials and labor and protect and save harmless the City from claims of any kind caused by the operations of the contractor. CONTRACT COMPLIANCE PROGRAM / SUBCONTRACTING The program proposes numerical projections regarding utilization of Minority Business Enterprise (MBE) and Women Business Enterprise (WBE) as Subcontractors, vendors and suppliers in the performance of Contracts awarded by the City of Waterloo, Iowa. A goal of at least ten percent (10%) for MBE participation on all City funded construction projects that are estimated at $50,000.00 or more. A goal of at least two percent (2%) for WBE participation on all City funded construction projects that are estimated at $50,000.00 or more. Any project funded in part or in total with federal funds shall follow the respective agencies contract compliance program and goals. The Prime Contractor shall make "good -faith efforts" to meet the Contract Compliance MBE/WBE goals. The MBE/WBE subcontractors, suppliers or vendors must provide the Prime Contractor a reasonably competitive price for the service being rendered or the Contractor is not required to accept their bid. FAA AIP # 3-19-0094-045 AECOM Project # 60537973-BP2 NPH -3 Waterloo Regional Airport Runway 12/30 Pavement Joint Repair Pavement Marking Runway 12/30, Runway 18/36 ancL,Ta iwas2 of 247 PREDETERMINED WAGE RATE Predetermined wage rates shall apply to all work on this project in accordance with General Decision No. IA16001. In addition, the Prime Contractor shall submit certified payrolls for itself and each approved subcontractor weekly to the project Engineer. The Contractor may use the Iowa DOT Certified Payroll form or other approved form. The Contractor shall list the craft for each employee covered by the Predetermined Wage Rates. The Prime Contractor shall sign each of the subcontractor's payrolls to acknowledge the submittal of the Certified Payroll. LIQUIDATED DAMAGES Time is an essential element of this contract. It is important that the work be diligently pursued to completion. If the work is not completed within the overall specified contract period of Ninety (90) calendar days, plus authorized extensions, the contractor shall pay to the City Liquidated Damages in the amount of five hundred dollars ($500.00) per calendar day, for each calendar day, as further described herein, in excess of the authorized time. Calendar days beyond the specified overall contract period of Ninety (90) calendar days, for which Liquidated Damages will be charged will be working calendar days that the contractor does, or could have worked., from Monday through Satuday. Sundays will be counted only if work is. performed. Partial working days will be considered as a full working day. Calendar days not chargeable for Liquidated Damages will include rain days, Sunday if no work is done, and legal holidays. Liquidated damages will be assessed for failure to return Runway 12-30 to operations by 05:30 am during work within the Phase 2 work area at the rate of $500.00 for the first 15 minutes and $100.00 for each additional 15 minutes of runway closure. Liquidated damages will be assessed for work that is not completed within thirty (30) calendar days from the date work commences in the Phase 3 work area at a rate of $1,000.00 per calendar day. Working Calendar days will cease to be charged when only punch list items remain to be completed. Punch list items do not include contract bid items or approved change/extra work orders. When the Contractor believes the project to be substantially completed, a written notice stating the same shall be submitted to the Engineer and a request made for a Punch List. If the work under the Contract extends beyond the normal construction season for such work, the Contractor shall submit to the Engineer in writing a request that calendar days counted toward the project be suspended until work is resumed the following construction season. This amount is not construed as a penalty. These damages are for the cost to the City of providing the required additional inspection, engineering and contract administration. PRE -CONSTRUCTION CONFERENCE Before the work is commenced on this contract, a conference shall be held for the purpose of discussing the contract. The conference shall be attended by the prime contractor, subcontractors and City Officials. RESIDENT BIDDER/NON-RESIDENT BIDDER Attention of bidders is called to compliance with the provisions of the Resident Bidder/Non-Resident Bidder requirements. Each bidder submitting a bid shall execute and include with the bid, a Resident Bidder Certification or a Non - Resident Bidder Certification in the form(s) herein provided. FAA AIP # 3-19-0094-045 AECOM Project # 60537973-BP2 NPH -4 Waterloo Regional Airport Runway 12/30 Pavement Joint Repair Pavement Marking Runway 12/30, Runway 18/36 ancL,Ta iwas3 of 247 SALES TAX EXEMPTION CERTIFICATES Contractors and approved subcontractors will be provided a Sales Tax Exemption Certification to purchase building materials or supplies in the performance of construction contracts let by the City of Waterloo. SITE INSPECTION Bidders are expected to visit the locality of the work and to make their own estimate of the facilities needed and the difficulties attending the execution of the proposed Contract, including local conditions. TIME FOR RECEIVING BIDS Bids received prior to the time of opening will be securely kept, unopened. The officer whose duty it is to open them will decide when the specified time has arrived, and no bid received thereafter will be considered. No responsibility will attach to an officer for the premature opening of a bid not properly addressed and identified. Unless specifically authorized, telegraphic bids will not be considered, but modifications by telegraph of bids already submitted will be considered if received prior to the hour set for opening. All proposals must be received at the address indicated herein above prior to the time and date specified for receipt of bids. Bids received after the specified time and date will be returned unopened. The City of Waterloo shall not be held responsible or accountable for delays in the delivery of any proposal by the U.S. Postal Service or other courier service. WITHDRAWAL OF BIDS Bids may be withdrawn on written or telegraphic request received from Bidders prior to the time fixed for opening. Negligence on the part of the Bidder in preparing the bid confers no right for the withdrawal of the bid after it has been opened. ERRORS IN BID Bidders or their authorized agents are expected to examine the Maps, Drawings, Specifications, Circulars, Schedule and all other instructions pertaining to the work, which will be open to their inspection. Failure to do so will be at the Bidder's own risk and he cannot secure relief on the plea of error in the bid. In case of error in the extension of prices, the unit price will govern. MINIMUM WAGE RATES If the wage determination of the Department of Labor incorporated in the advertised specifications does not include rates for classifications deemed appropriate by the bidder, the bidder is responsible for ascertaining the rates payable for such use in accomplishing the work. No inference concerning practice is to be drawn from their omission. Further, the omission does not, per se, establish any liability to the Government for increased labor costs resulting from the use of such classifications. EQUAL EMPLOYMENT OPPORTUNITY — EXECUTIVE ORDER 11246 AND 41 CFR PART 60 The Bidder's attention is called to the "Equal Opportunity Clause" and the "Standard Federal Equal Employment Opportunity Construction Contract Specifications" set forth within the supplementary provisions. The successful Bidder shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. FAA AIP # 3-19-0094-045 AECOM Project # 60537973-BP2 NPH -5 Waterloo Regional Airport Runway 12/30 Pavement Joint Repair Pavement Marking Runway 12/30, Runway 18/36 ancF,Ta iwas4 of 247 GOALS FOR MINORITY AND FEMALE PARTICIPATION — EXECUTIVE ORDER 11246 AND 41 CFR PART 60 1. The Bidder's attention is called to the "Equal Opportunity Clause" and the "Standard Federal Equal Employment Opportunity Construction Contract Specifications" set forth within the supplementary provisions. 2. The goals and timetables for minority and female participation, expressed in percentage terms for the contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows: Timetables: Goals for minority participation for each trade 4.7% Goals for female participation in each trade 6.9% These goals are applicable to all of the contractor's construction work (whether or not it is Federal or federally - assisted) performed in the covered area. If the contractor performs construction work in a geographical area located outside of the geographical area where the work is actually performed. With regard to this second area, the contractor also is subject to the goals for both its Federally involved and non -federally involved construction. CERTIFICATION OF NONSEGREGATED FACILITIES — 41 CFR PART 60 A certification of Nonsegregated Facilities must be submitted prior to the award of a federally -assisted construction contract exceeding $10,000 which is not exempt from the provisions of the Equal Opportunity Clause. Contractors receiving federally assisted construction contract awards exceeding $10,000, which are not exempt from provisions of the Equal Opportunity Clause, will be required to provide for the forwarding of the notice to prospective subcontractors for supplies and construction contracts where the subcontracts exceed $10,000 and are not exempt from the provisions of the Equal Opportunity Clause. The penalty for making false statements in offers in prescribed is 18 U.S.C. 1001. DISADVANTAGED BUSINESS ENTERPRISE — 49 CFR PART 26 The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of this DOT -assisted contracts. In accordance with 49 CFR Part 26A5, the sponsor has established a contract goal of 7.33 percent participation for small business concerns owned and controlled by certified socially and economically disadvantaged enterprise (DBE). The bidder shall make and document good faith efforts, as defined in Appendix A of 49 CFR Part 26, to meet this established goal. DAVIS-BACON ACT, AS AMENDED — 29 CFR PART 5 The Contractor is required to comply with wage and labor provisions and to pay minimum wages in accordance with the current schedule of wage rates established by the United States Department of Labor. DEBARMENT, SUSPENSION, INELIGIBILITY, AND VOLUNTARY EXCLUSION — 49 CFR PART 29 The bidder certifies, by submission of a proposal or acceptance of a contract, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. Individuals or companies listed in the General Services Administration's "Excluded Parties Listing System" will not be considered for award of contract. FOREIGN TRADE RESTRICTION — 49 CFR PART 30 The Bidder and Bidder's subcontractors, by submission of an offer and/or executive of a contract, is required to certify that it: 1. is not owned or controlled by one or more citizens of a foreign country included in the list of countries that discriminate against U.S. firms published by the Office of the United States Trade Representative (USTR); FAA AIP # 3-19-0094-045 AECOM Project # 60537973-BP2 NPH -6 Waterloo Regional Airport Runway 12/30 Pavement Joint Repair Pavement Marking Runway 12/30, Runway 18/36 ancL,Ta iwas5 of 247 2. has not knowingly entered into any contract or subcontract for this project with a person that is a citizen or national of a foreign country on said list, or is owned or controlled directly or indirectly by one of more citizens or nationals of a foreign country on said list; 3. has not procured any product nor subcontracted for the supply of any product for use on the project that is produced in a foreign country on said list. BUY AMERICAN CERTIFICATE — AVIATION SAFETY AND CAPACITY ACT OF 1990 This contract is subject to the "Buy American Preferences" of the Aviation Safety and Capacity Act of 1990. Per Title 49 U.S.C. Section 50101, all steel and manufactured products installed under an AIP assisted project must be produce in the United States unless the Federal Aviation Administration has granted a formal waiver. As a condition of bid responsiveness, Bidders must complete and submit as part of their proposal the enclosed Buy American certification. Bidder must indicate whether it intends to meet Buy America preferences by only installing steel and manufactured products produced with the United State of America; or if it intends to seek a permissible waiver to the Buy America requirements. MARKING AND MAILING BIDS Envelopes containing bids must be sealed and addressed to the City Clerk, 715 Mulberry Street, Waterloo, IA 50703; and marked in the upper left hand corner as follows: Bid of (Name and Address of Contractor) for Runway 12/30 Pavement Joint Repair Pavement Marking Runway 12/30, Runway 18/36 And Taxiways, Bid Package # 2, Waterloo Regional Airport, Waterloo, Iowa, FAA AIP Project No. 3-19-0094-45. Published pursuant to the provisions of Chapter 26 of the City Code of Iowa and upon order to the City Council of said Waterloo, Iowa, on the day of 2017. CITY OF WATERLOO, IOWA BY: Kelley Felchle City Clerk FAA AIP # 3-19-0094-045 AECOM Project # 60537973-BP2 NPH -7 Waterloo Regional Airport Runway 12/30 Pavement Joint Repair Pavement Marking Runway 12/30, Runway 18/36 ancL,Ta iwas6 of 247 Intentionally Left blank FAA AIP # 3-19-0094-045 AECOM Project # 60537973-BP2 NPH -8 Waterloo Regional Airport Runway 12/30 Pavement Joint Repair Pavement Marking Runway 12/30, Runway 18/36 an4 {aa iwa / / of 247 TRAVEL REQUEST CITY OF WATERLOO FINANCE DEPT. STAFF ONLY LINE ITEM USED old3`rf''' FY 2O/1/BUDGETED ‘74),!) ti 7JJ EXPENDED YTD i9 --v - THIS REQUEST gf() LEFT AFTER THIS„2y REQUEST /s.07. 3/.28' DATE iJ o 3/ '/ 7 Original - Clerk/Finance Co. - De.artment NAME(S) AND POSITION(S): Abraham L. Funchess, Jr., Ex. Director; Rebecca Johnson, Human Rights Specialist; Shelly Burch, Adm. Secretary DATE: May 23, 2017 NAME OF CLASS / MEETING: 2017 EEOC FEPA Conference DESTINATION: Cleveland, OH DEPARTURE POINT IF NOT WATERLOO: Waterloo, Iowa DEPARTURE DATE: Monday, July 17, 2017 RETURN DATE: Friday, July 21, 2017 DATE(S) OF MEETING: July 18 - 20 PURPOSE OF TRAVEL: To attend the 2017 EEOC FEPA Conference that is mandated by our contract. WILL TRAVEL REQUIRE ADDITIONAL PERSONNEL: X COST $ YES NO METHOD OF TRAVEL: CITY VEHICLE PRIVATE VEHICLE X AIRFARE DEPARTING FROM: Waterloo, IA ESTIMATE OF COST: 1872.00 LODGING 100.00 TAXI 600.00 MEALS PARKING REGISTRATION 2150.00 AIRFARE MILEAGE/FUEL MISC/TOLLS TOTAL FOR ALL: $ 4722.00 010-27-2505-1346 BUDGET LINE ITEM: FYI3CASE GRANT REIMBURSABLE YES NO YES NO TOTAL: $ 1574.00 PER PERSON REQUIRED CERTIFICATION I BELIEVE THI AND IS, 'EC _ S' RY AND = NEFICIAL TO THE CIT .' WET LOO IP SERVES A PUBLIC PURPOSE D'EPfi TMENT HEAD 5- z3- z-(!; DATE K:\Shared Goodies\Forms\Trve1 r equest Form January 2010 I APPROVE THIS TRAVEL REQUEST MAYOR DATE SHELLY BURCH From: Sent: To: Subject: Deb Bohannon <dbohannon@shortstravel.com> Tuesday, May 16, 2017 3:14 PM SHELLY BURCH FLIGHT OPTIONS *** This is a courtesy email only. No reservation has been made. Rates and availability are subject to change until tickets are purchased. Approval is required in order to secure a reservation.*** Booking Fee — 35.00 PRICING OPTION 1 American Airlines American Airlines American Airlines American Airlines TOTAL AMOUNT $590.60 (AA) 2959 V 17JUL Waterloo, IA (ALO) -Chicago, IL (ORD) 630A 741A MO OPERATED BY SKYWEST AIRLINES AS AMERICAN EAGLE (AA) 3573 V 17JUL Chicago, IL (ORD) -Cleveland, OH (CLE) 850A 1109A MO OPERATED BY ENVOY AIR AS AMERICAN EAGLE (AA) 3330 G 21JUL Cleveland, OH (CLE) -Chicago, IL(ORD) 840A 908A FR OPERATED BY ENVOY AIR AS AMERICAN EAGLE (AA) 2910 G 21JUL Chicago, IL (ORD) - Waterloo, IA (ALO) 1145A 1252P FR OPERATED BY SKYWEST AIRLINES AS AMERICAN EAGLE Deb Bohannon Corporate Travel Consultant Short's Travel Management D: 913-220-2732 dbohannon@shortstravel.com www.shortstravel.com Linkedln 1 Facebook I Twitter I YouTube Mission: To enhance the experience of getting there, being there, and coming home. 1 TRAVEL REQUEST CITY OF WATERLOO FINANCE DEPT. STAFF ONLY LINE ITEM USED O/v U3 8'k 0 FY2,011BUDGETED 862)U EXPENDED YTD •?CoiC THIS REQUEST 3 $0 ui LEFT AFTER THIS REQUEST DATE /,76' 5-31- 14 Original - Clerk/Finance Co. - be•artment NAME(S) AND POSITION(S): LeAnn M. Even DATE: 05/22/2017 NAME OF CLASS / MEETING: Municipal Professionals Academy 2017 DESTINATION: Ames DEPARTURE POINT IF NOT WATERLOO: DEPARTURE DATE: RETURN DATE: July 26, 2017 DATE(S) OF MEETING: July 28, 2017 July 26-28, 2017 PURPOSE OF TRAVEL/TRAINING: Continuing education training. Training includes Effecting change through public service, civic engagement and leadership roles in the community, economic development, best practices for ordinance writing, state and federal regulations for borrowing money, legislative updates. WILL TRAVEL REQUIRE ADDITIONAL PERSONNEL: x COST $ YES NO METHOD OF TRAVEL: CITY VEHICLE AIRFARE DEPARTING FROM: PRIVATE VEHICLE ESTIMATE OF COST: 259.84 LODGING TAXI 55.00 MEALS PARKING 185.00 REGISTRATION AIRFARE 204/55.00 MILEAGE/FUEL MISCITOLLS TOTAL FOR ALL: $ 386.00 BUDGET LINE ITEM: x GRANT REIMBURSABLE YES NO x YES NO REQUIRED CERTIFICATION TOTAL: $ 386.00 PER PERSON I BELIEVE THIS TRIP SERVES A PUBLIC PURPOSE AND IS NECESSARY AND BENEFICIAL TO THE CITY OF WATERLOO DEPARTMEN 5/A3 /1 FA,ared Goodies\Forms\Travel Request Form January 2010 DATE AtIL— HEAD I APPROVE THIS TRAVEL REQUEST MAYOR Gateway Hotel & Conference Ctr. 2100 Green Hills Drive Ames, IA 50014 USA Phone: 515-292-8600 Fax: 515-268-2224 Guest Information DateSent: 05/22/2017 Confirmation# R6364A Leanne Even Donee#: 1115 Stevens St Office: Fax#: Littleton, IA 50648 Nlohtle#: E-mail Address: 319-464-2116 leannezen@waterloo-ia.org Share With Name(s): Additional Name(s): Company: Group: Municipal Professionals Academy 2017 Group #: 32513 Guest Type: GROUP VIP Code: Rate/Stay Summary Check In: 4:OOpm Check Out: 12:OOpm Arrive: Depart: #A: 1 Wednesday, July 26, 2017 Friday, July 28, 2017 #Y: 0 #C: 0 Rm Type: TOWER DOUBLE QUEEN # of Rms: Nights: 2 Date Rate Package Wednesday, Jul 26, 2017 $116.00 Thursday, Jul 27, 2017 $116.00 Total Room: $232.00 Total Tax: $27.84 Payment/Gtd Summary Method: VISA Deposit Requested: Deposit Received: C/CAccount# ************3242 0.00 Deposit Dee By: $0.00 Standard cancellation policy is 5pm one day prior to arrival. Cancellation of guest room within 24 hours of arrival date will be subject to a charge of $50.00 charged at time of cancellation. Failure to cancel reservation will be subject to a no show charge of one night's room rate plus tax. This standard cancellation policy does not apply during ISU home football and ISU graduation weekends. For guests coming from the north until further notice: Southbound highway 35 is closed at exit 1118 Please use exit 113 and follow recommended detour to get to the hotel. ISU HOME FOOTBALL/GRADUATION CANCELLATION POLICY: Cancellation is permitted 3 weeks prior to arrival on ISU Horne Football Game weekends with no penalty. Advance Deposits for the full amount of the room and tax are due at the 3 week prior mark to the arrival date. No changes or cancellations are permitted within the 3 week window. Reservations must be cancelled 3 weeks prior for games dated 9/1, 9/2, 9/8, 9/9, 9/27, 9/28, 10/13, 10/14, 10/27, 10/28, 11/10, and 11/11. Reservations for graduation must be cancelled 3 weeks prior to 5/5 and 5/6 as well as 12/15 and 12/16. Item Grand Total 185.00 Transaction Grand Total 185.00 You may receive additional emails about your order as the order is further processed. IowaLeague of Cities 500 SW 7th Street, Suite 101 Des Moines, IA 50309 2 LEANN EVEN From: registration@iowaleague.org Sent: Wednesday, May 10, 2017 4:57 PM To: LEANN EVEN Subject: Order Confirmation Dear LeAnn, Thank you for your recent order. The order details are below. LeAnn Even Waterloo Order Number: 8766 Order Date: May 10, 2017 4:50 PM Bill To: Waterloo Order Total: 185.00 Payment Method: Check Number: Item Municipal Professionals Academy 2017 - LeAnn Even When: Jul 26, 2017 1:00 PM - Jul 28, 2017 12:15 PM Registration option: Jul 26, 2017 - Full Registration Program Items: • Jul 26, 2017 3:30 PM: City Clerk or Professor of Everything • Jul 27, 2017 12:15 PM: Thursday Lunch • Jul 26, 2017 2:15 PM: Leadership? Yes you can but will You? • Jul 27, 2017 1:00 PM: Calling ALL Cities - Implementing GASB 77 • Jul 28, 2017 8:00 AM: Questions, Discussions, and Updates • Jul 28, 2017 10:15 AM: Closing Session: Human Trafficking in Iowa Cities • Jul 26, 2017 1:15 PM: Influencing Policy and Effecting Change • Jul 27, 2017 8:00 AM: Option 2 — Tools for Economic Development and Redevelopment • Jul 27, 2017 10:15 AM: Option 6 - The 411 of Ordinances • Jul 27, 2017 2:00 PM: Larger City Workshop — Regulations For Borrowing Money • Jul 27, 2017 10:15 AM: Option 5 - There's No Success without a Successor Price Qty Total 185.00 1 185.00 Item Total 185.00 Shipping 0.00 u,,...a �:..... n nn 5/10/2017 Order Confirmation Order Confirmation Iowa League of Cities 500 SW 7th Street, Suite 101, Des Moines, IA 50309-4506 Order Number 8766 Order Date 5/10/2017 Bill To Waterloo Payment Method Check Number: Item Quantity Price Total 5/10/2017 Order Confirmation Municipal Professionals Academy 2017 - LeAnn Even When: 7/26/2017 1:00 PM - 7/28/2017 12:15 PM Registration option: Full Registration 7/26/2017 Program Items: • City Clerk or Professor of Everything • Thursday Lunch 7/26/2017 3:30 PM • Leadership? Yes you can but 7/27/2017 12:15 PM will You? 7/26/2017 2:15 PM • Calling ALL Cities - Implementing GASB 77 • Questions, Discussions, and 7/27/2017 1:00 PM Updates 7/28/2017 8:00 AM • Closing Session: Human Trafficking in Iowa Cities • Influencing Policy and 7/28/2017 10:15 AM Effecting Change 7/26/2017 1:15 PM • Option 2 - Tools for Economic Development and Redevelopment 7/27/2017 8:00 AM • Option 6 - The 411 of Ordinances • Larger City Workshop - 7/27/2017 10:15 AM Regulations For Borrowing Money • Option 5 - There's No Success7/27/2017 2:00 PM without a Successor 7/27/2017 10:15 AM 1 185.00 185.00 Item Total 185.00 TRANSACTION GRAND TOTAL 185.00 A confirmation is being sent to: leann.even@waterloo-ia.org Send another copy to: Send No invoice will be sent, so please print this page for your accounting documentation. Sending a check? Make checks payable to IMFOA and remit to: IMFOA 1610 Aspen Drive Atlantic, IA 50022 CITY OF WATERLOO Council Communication Motion to approve Application for Fireworks Display during My Waterloo Days festival, at Park Avenue Bridge, on Saturday, June 10, 2017, at 9:30 p.m. (Approx. 30 minutes). City Council Meeting: 6/5/2017 Prepared: REVIEWERS: Department Reviewer Action Date Clerk Office Higby, Nancy Approved 5/31/2017 - 11:26 AM SUBJECT: Submitted by: Motion to approve Application for Fireworks Display during My Waterloo Days festival, at Park Avenue Bridge, on Saturday, June 10, 2017, at 9:30 p.m. (Approx. 30 minutes). Submitted By: Pat Treloar, Chief of Fire Services Page 78 of 247 CITY OF WATERLOO Council Communication Motion to approve Application for Fireworks Display at Bamboo Ridge Camp Ground, on Sunday, July 2, 2017, at 9:45 p.m. (Approx. 15 minutes). City Council Meeting: 6/5/2017 Prepared: 5/31/2017 REVIEWERS: Department Reviewer Action Date Clerk Office Higby, Nancy Approved 5/31/2017 - 11:28 AM SUBJECT: Submitted by: Motion to approve Application for Fireworks Display at Bamboo Ridge Camp Ground, on Sunday, July 2, 2017, at 9:45 p.m. (Approx. 15 minutes). Submitted By: Pat Treloar, Chief of Fire Services Page 79 of 247 CITY OF WATERLOO Council Communication PCC Patching Project on US 218. City Council Meeting: 6/5/2017 Prepared: 7/21/2015 REVIEWERS: Department Reviewer Action Date Engineering Thorson, Eric Rejected 5/31/2017 - 10:58 AM Engineering Ross, Tracia Approved 5/31/2017 - 11:00 AM Engineering Thorson, Eric Approved 5/31/2017 - 11:06 AM Clerk Office Higby, Nancy Approved 5/31/2017 - 11:09 AM ATTACHMENTS: Description Type D IDOT Notice_Patching Project_US 218 Cover Memo SUBJECT: Request from Engineering to receive and place on file official notification from the Iowa Department of Transportation to let a PCC Patching project of U.S. Hwy. 218 on July 18, 2017. Submitted by: Submitted By: Eric Thorson, PE, City Engineer Recommended Action: Receive and place on file as information for the City Council. Summary Statement: The IDOT is letting a PCC patching project of US 218 from US 63 to Greenhill Rd. NB. This letting is scheduled for July 18, 2017. The project is proposed to be constructed in 2017 with work occurring within the city limits. Background Information: NHSN-218-7(236)-2R-07 Page 80 of 247 DOT RECEIVED MAY 16 2011 SMARTER I SIMPLER I CUSTOMER DRIVEN WWIN.IOWadOt.gOV May 15, 2017 The Honorable Quentin Hart Mayor of Waterloo 715 Mulberry Street Waterloo, IA 50703-5783 Dear Mayor Hart: District 2 Office 428 43rd Street SW 1 Mason City 50401 Phone: 641.423.7584 1800.477.4368 Fax: 641.422.9453 County: Project No.: Location: Type of Work: Proposed Project Letting: Notification Letter No.: Black Hawk N HSN -218-7(236)--2R-07 US 63 to Greenhill RD NB PCC Patching July 18, 2017 2017-M-273 This is official notification to your City Council that the Iowa Department of Transportation (DOT) proposes to let a project as referenced above. This project, or a portion thereof, lies within your city. The project is proposed for construction during 2017. Resident Construction Engineer, Ron Loecher of New Hampton, Iowa, 641-394- 3161, will advise you of the contractor's proposed schedule when the information is available. The work will be done in accord with the current Form 810034 "Agreement for Primary Road Extension Maintenance and Operation". Project costs will be paid from the Primary Road Fund and no charges will be made against the City. Subject to the approval of, and without expense to the DOT, the City agrees to perform (or cause private utilities to perform), all relocations, alterations, adjustments or removals of existing utility facilities including but not limited to power, telephone and telegraph lines, natural gas pipelines, water mains and hydrants, curb boxes, utility accesses, sanitary sewers, and related poles, installations and appurtenances, whether privately or publicly owned, and all other facilities or obstructions which are located within the limits of an established street or alley and which will interfere with construction of the project, all in accordance with the Utility Accommodation Policy of the DOT. No utility work is anticipated to be needed on this project. age 81 of 247 The Honorable Quentin Hart May 15, 2017 Page 2 We would appreciate this project notification being included on your next City Council meeting agenda as a matter of information for the Council members. If you have any questions concerning the work involved, please contact this office as soon as possible in order to expedite any possible changes. Sincerely, E. Jon Ranney, P.E./P.L.S. District Engineer EJR:ac CC: Deanne Popp, Office of Local Systems Ron Loecher, New Hampton RCE CITY OF WATERLOO Council Communication Motion to approve Notice of Intent to upgrade the flow equalization piping at the Waterloo Pollution Control Facility, and authorize City Clerk to publish said notice. City Council Meeting: 6/5/2017 Prepared: 5/30/2017 REVIEWERS: Department Reviewer Action Date Waste Management Higby, Nancy Approved 5/30/2017 - 9:50 AM ATTACHMENTS: Description Type ❑ Public Notice Cover Memo ❑ Categorical Exclusion Cover Memo Motion to approve Notice of Intent to upgrade the flow equalization SUBJECT: piping at the Waterloo Pollution Control Facility, and authorize City Clerk to publish said notice. Submitted by: Submitted By: Steven Hoambrecker, Director Waste Management Services Summary Statement: The city has applied for financial assistance through the State Revolving Fund (SRF) loan program to build the project. SRF is a program authorized by the Environmental Protection Agency (EPA) and administered by the Iowa Department of Natural Resources (DNR) in partnership with the Iowa Finance Authority. Page 83 of 247 PUBLIC NOTICE PUBLIC NOTICE IS HEREBY GIVEN THAT THE WATERLOO WPCF FLOW EQUALIZATION OVERFLOW PIPING IMPROVEMENTS PROJECT IS ELIGIBLE FOR A CATEGORICAL EXCLUSION FROM NEPA REVIEW. THIS PROJECT IS BEING FUNDED IN PART OR WHOLE BY SRF FUNDING. The proposed project was reviewed by the Iowa Department of Natural Resources (DNR) for eligibility for a categorical exclusion from NEPA review specified in the 40 CFR (Code of Federal Regulations) Part 6.204. The project meets all criteria described in the above reference, and it was determined that this project is eligible for a categorical exclusion. Consequently, a preliminary decision has been made that a Finding of No Significant Impact (FNSI) will not be prepared. This action is taken on the basis of a careful review of supporting information that is on file at the DNR's Des Moines, Iowa office. The Categorical Exclusion documentation for this project is available online at www.IowaSRF.com/ER. The DNR will not take any administrative action on the project for at least thirty (30) calendar days from the publication of this Notice. Persons disagreeing with the above environmental decision may submit comments to the DNR during this period. Please direct your comments to Lee Wagner at Lee.Wagner@dnr.iowa.gov or 515- 725-0992. Page 84 of 247 Why You Should Read This: The document below reviews the environmental impact likely from a project. This project is planned to be federally funded through your tax dollars; therefore, you are entitled to take part in its review. If you have concerns about the environmental impact of this project, raise them now. We encourage public input in this decision making process. IOWA STATE REVOLVING FUND CATEGORICAL EXCLUSION May 18, 2017 To: All Interested Citizens, Government Agencies, and Public Groups An environmental review has been performed based on the procedures for implementing the National Environmental Policy Act (NEPA), for the proposed agency action below: Applicant: City of Waterloo County: Black Hawk State: Iowa SRF Number: CS 192080801 IDNR Project Number: S2015-0284 The City of Waterloo, Iowa is planning an upgrade to their to the flow equalization piping at the Water Pollution Control Facility (WPCF). The city has applied for financial assistance through the State Revolving Fund (SRF) loan program to build the project. SRF is a program authorized by the Environmental Protection Agency (EPA) and administered by the Iowa Department of Natural Resources (DNR) in partnership with the Iowa Finance Authority. The proposed project includes construction of two new sanitary mains and associated manholes, valves, and necessary appurtenances to convey wastewater flow from the existing flow equalization basins to the Satellite Plant Aeration Basins and between the Satellite Plant Aeration Basins and the Easton Plant Aeration Basins and Anoxic Selector Basin. Approximately 400 linear feet of new 24 inch main is proposed to be constructed by conventional methods with a maximum trench width of 30 feet from the Flow Equalization Basins to the Satellite Plant. Approximately 100 linear feet of new 12 inch main is proposed to be constructed by conventional methods with a maximum trench width of 30 feet from the Satellite Plant to the Easton Plant and approximately 150 linear feet of 12 inch main INVESTING U Page 85 of 247 CX Page 2 City of Waterloo CS 192080801 S2015-0284 with a maximum trench width of 15 feet from the Easton Plant Aeration Basins to the Anoxic Selector Basin. The project area is currently the existing WPCF buildings and grounds. The proposed project will disturb approximately 0.40 acres of previously disturbed land. The proposed project is entirely within the existing wastewater treatment plant property in areas that have been previously disturbed by the construction of the existing wastewater treatment facility. The proposed project was reviewed for eligibility for a categorical exclusion from NEPA review specified in the 40 CFR (Code of Federal Regulations) Part 6.204. The project meets all criteria described in the above reference and was determined that this project is eligible for a categorical exclusion. Consequently, a preliminary decision has been made that a Finding of No Significant Impact (FNSI) will not be prepared. Justification for granting categorical exclusion: • The project as proposed is solely directed toward minor upgrading or minor expansion of system capacity, rehabilitation of the existing system and system components, or construction of new minor ancillary facilities adjacent to or on the same property as existing facilities. • This project will not involve new or relocated discharges to surface or ground water. • This project will not result in substantial increase in the volume or the loading of pollutant to the receiving water. • The project will not serve a population 30% greater than the existing population. • The project is not directly or indirectly involved or related to upgrading or extending infrastructure systems primarily for the purposes of future development. • The project is not counter to the state, or other regional growth plan or strategy. • The proposed action is not known or expected to have potentially significant environmental impacts on the quality of the human environment either individually or cumulatively over time. • The proposed action is not known or expected to have disproportionately high and adverse human health or environmental effects on any community, including minority communities, low-income communities, or federally -recognized Indian tribal communities. • The proposed action is not known or expected to significantly affect federally listed threatened or endangered species or their critical habitat. Page 86 of 247 CX Page 3 City of Waterloo CS 192080801 S2015-0284 • The proposed action is not known or expected to significantly affect national natural landmarks or any property with nationally significant historic, architectural, prehistoric, archeological, or cultural value, including but not limited to, property listed on or eligible for the National Register of Historic Places. • The proposed action is not known or expected to significantly affect environmentally important natural resource areas such as wetlands, floodplains, significant agricultural lands, aquifer recharge zones, coastal zones, barrier islands, wild and scenic rivers, and significant fish or wildlife habitat. • The proposed action is not known or expected to cause significant adverse air quality effects. • The proposed action is not known or expected to have a significant effect on the pattern and type of land use (industrial, commercial, agricultural, recreational, residential) or growth and distribution of population including altering the character of existing residential areas, or may not be consistent with state or local government, or federally -recognized Indian tribe approved land use plans or federal land management plans. • The proposed action is not known or expected to cause significant public controversy about a potential environmental impact of the proposed action. • The proposed action is not known or expected to be associated with providing financial assistance to a federal agency through an interagency agreement for a project that is known or expected to have potentially significant environmental impacts. • The proposed action is not known or expected to conflict with federal, state or local government, or federally -recognized Indian tribe environmental, resource - protection, or land -use laws or regulations. The Department of Natural Resources shall revoke the categorical exclusion and shall require a full environmental review if, subsequent to the granting of an exclusion, the state determines that: • The proposed project no longer meets the requirements for a categorical exclusion due to changes in the proposed project; or • New evidence reveals that serious local or environmental issues exist; or • Federal, State, local or tribal laws are being violated. This action is taken on the basis of a careful review of supporting information that is on file at the Department of Natural Resources' Des Moines, Iowa office. This information is available upon request. This Department will not take any administrative action on the project for at least thirty (30) calendar days from the above date. Persons disagreeing with Page 87 of 247 CX Page 4 City of Waterloo CS I92080801 S2015-0284 the above environmental decision may submit comments to the Department during this period. Please direct your comments to me at Lee.Wagner@dnr.iowa.gov or (515) 725-0992. Sinc rely, i Lee Wagner Environmental Review Specialist Enclosure: Project Map Distribution List (email): 502 E. 9th Street Des Moines, IA 50319-0034 Harman Mallhi- AECOM Michael Drummond, Council on Environmental Quality Jake Hansen, Iowa Department of Agriculture and Land Stewardship Ken Sharp, Iowa Department of Public Health Randy Lane, Iowa Department of Public Health Leslie Leager, Iowa Economic Development Authority Susan Heathcote, Iowa Environmental Council Tracy Scebold, Iowa Finance Authority Alyson Fleming, Iowa Finance Authority Mickey Shields, Iowa League of Cities Jane Clark, Sierra Club Lindsay Dubin, Environmental Law and Policy Center Jim Carroll, USDA Rural Development Kate Sand, USDA Rural Development Tokey Boswell, USDOI, National Park Service, Midwest Region Kraig McPeek, Fish and Wildlife Service, Rock Island Field Office Christopher Simmons, USEPA Region VII Kelly Beard-Tittone, USEPA Region VII The Courier INVESTING IN IOWA'S WATER Page 88 of 247 USGS 7.5 Minute Quadrangle: Waterloo South Section: 31, Township: 89 N, Range: 12 W Date: 1972 n� s� e�- It ..Rpo . - N - MEN , fix� �_:gg (W�I °miNg / til fir ■ i -fir . .r0 1r- ,j ' > W E cI ail'r - ' of„_Y—J (1. , C`t�l'sa Ell Il1GVN. 865 r' Sr: OM- uN y 1 > ' Waterloo, lova Source Wikipedia 2016 .I "� • e 7 I •}'�� ztk (fir ` r--..(4 t `° \� r Q~ ■i ;v; ` ,awell"yyyy / �p •" ,. 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C. •, /~ i -�__A!, / '� . ., _ r �4 I)�:�a,, b 1 e i 11 ' :`., } 1 �- �11 ,J s'I � /. ,� , ; �;1 \ `4• - e• i ai 1,' .1�: . . � \ ! 1111 ! `• . . - _ �`.. _ ! .tl� I II l,I ��f .; Center -.%' // 875 I .: 0O �� Ii- ', sl: y 99• o - x. `_ �, 4.s'' i y�1 . �s� I s � 'tl��, ., . _ .Yam eyers � ; 1 , Laic !I� • - 1 ; , • 1 .�. o 31. 1 4 I J 1 r . _ P � u i• Pa F. 1 1 _ .�:` f T \ Ts, . -.4msLegend -'g•y •set• _�s1 ,, ' t 7f �• E 1' #q=J I�:a 12 • j ; Waterloo WPCF _ 4 6401,240 2,400 3,600 4,800 I_ -k New FEQ Mains �' == TITIN Feet — USGS Topographic Map Waterloo WPCF Flow Equalization Piping Improvements Waterloo, IA g State Revolving Fund 502 East 9th Street Des Moines, IA 50319-0034 Page 89 of 247 Legend [J] Waterloo_WPCF New FEQ Mains 2015.Aerial Photograph Waterloo WPCF Flow Equalization Piping Improvements Waterloo, IA State Revolving Fund 502 East 9th Street Des Moines, IA 50319-0034 Page 90 of 247 N W E S Legend Waterloo_WPCF New FEQ Mains 2002 Aerial Photograph Waterloo WPCF Flow Equalization Piping Improvements Waterloo, IA n State Revolving Fund 502 East 9th Street Des Moines, IA 50319-0034 Page 91 of 247 1990's Aerial Photograph Waterloo WPCF Flow Equalization Piping Improvements Waterloo, IA. Waterloo_WPCF New FEQ Mains State Revolving Fund 502 East 9th Street Des Moines, IA 50319-0034 Page 92 of 247 1980's Aerial Photograph Waterloo WPCF Flow Equalization Piping Improvements Waterloo, IA State Revolving Fund 502 East 9`h Street Des Moines, IA 50319-0034 Page 93 of 247 Legend II Waterloo_WPCF New FEQ Mains 1970's Aerial Photograph Waterloo WPCF Flow Equalization Piping Improvements Waterloo, IA State Revolving Fund 502 East 9th Street Des Moines, IA 50319-0034 Page 94 of 247 Waterloo_WPCF New FEQ Mains 1960's Aerial Photograph Waterloo WPCF Flow Equalization Piping Improvements Waterloo, IA State Revolving Fund 502 East 9th Street Des Moines, IA 50319-0034 Page 95 of 247 Legend Waterloo_WPCF New FE4 Mains 1950's Aeri Opp hotograph Waterloo WPCF Flow Equalization Piping Improvements Waterloo, IA State Revolving Fund 502 East 9th Street Des Moines, IA 50319-0034 Page 96 of 247 0 150 300 600 900 1,200 Feet Legend Waterloo_WPCF New FEQ Mains 1930's Aerial Photograph Waterloo WPCF Flow Equalization Piping Improvements Waterloo, IA State Revolving Fund 502 East 9th Street Des Moines, IA 50319-0034 Page 97 of 247 W N E Legend Waterloo_WPCF New FEQ Mains LiDAR Image Waterloo WPCF Flow Equalization Piping Improvements Waterloo, IA State Revolving Fund 502 East 9th Street Des Moines, IA 50319-0034 Page 98 of 247 mE: :e -- ®® ELNIN IRUZI tt i lr0 neral[ ra iT5M USu5µ'M1w+Fe[ 4tp5 WOE: "V Mild E.US liVE3AO 088 '0N 13Vti1N00 1110 VM01 001831YM JO A110 JOdR 3111131VS 01 N01103NN00 M01JrJ3A0 11111311 N011VZI11f103 MO1J 9I0Z 'A'A �j rNMI 7 11bIAM L Page 99 of 247 Page 100 of 247 CITY OF WATERLOO Council Communication Bonds City Council Meeting: 6/5/2017 Prepared: REVIEWERS: Department Reviewer Action Date Engineering Higby, Nancy Approved 5/31/2017 - 4:53 PM ATTACHMENTS: Description Type D Bonds for council approval Cover Memo SUBJECT: Bonds Page 101 of 247 BONDS FOR COUNCIL APPROVAL June 5, 2017 RIGHT OF WAY CONSTRUCTION BOND AMOUNT $15,000.00 2351274 7900386224 IA 537158 55199041 2180297 95 BA K037 4 IA 601656 7900378903 63218765 IA 601670 IA 601640 95 BA G754 9 W150021970 IA 600221 7900303753 106744910 ALL LANDSCAPING BOULDER CONTRACTING CEDAR VALLEY CORP., LLC KEVIN ROSE MIKE DOLAN CONCRETE & MASONRY, INC. NINO F. COSTARELLA dba CHRISTENSEN BUILDING & REMODELING & REPAIR PETERS CONSTRUCTION CORP. PHILIPPSON CONCRETE CONSTRUCTION, INC. PROGRESSIVE CONCRETE, INC. RAYS SUPERMARKET RICHARD TROY EVERTS ROGELIO TORRES-GARCIA RONALD DEW dba RON'S CONSTRUCTION STEVE SCHMITZ CONCRETE SWICK CABLE CONTRACTORS TD&I CABLE MAINTENANCE, INC. BRISTOW, IA GRUNDY CENTER, IA WATERLOO, IA WATERLOO, IA WATERLOO, IA CEDAR FALLS, IA WATERLOO, IA MANCHESTER, IA ROBINS, IA WATERLOO, IA EVANSDALE, IA WATERLOO, IA LA PORTE CITY, IA CEDAR FALLS, IA TIPTON, IA LAKE ST CROIX BEACH, MN Page 102 of 247 CITY OF WATERLOO Council Communication Request by Waterloo Home Corporation 700, Inc. to vacate a utility easement over a former platted alley, located at 1955 Locke Avenue. City Council Meeting: 6/5/2017 Prepared: 5/31/2017 REVIEWERS: Department Planning & Zoning Clerk Office ATTACHMENTS: Description ❑ Overview Map ❑ Aerial View • Application • Narrative • 1958 Letter • Staff Report SUBJECT: Submitted by: Recommended Action: Summary Statement: Reviewer Schroeder, Aric Even, LeAnn Action Approved Approved Type Cover Memo Cover Memo Cover Memo Cover Memo Cover Memo Cover Memo D ate 5/31/2017 - 10:13 AM 5/31/2017 - 12:11 PM Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments and recommendation of approval of the Planning, Programming and Zoning Commission. Motion to receive, file and consider and pass for the first time an Ordinance approving a request by Waterloo Home Corporation 700, Inc. to vacate a 1,280 square foot easement, under the former Knights of Columbus Building, located at 1955 Locke Avenue. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt the ordinance. Submitted By: Noel Anderson, Community Planning & Development Director Approval Transmitted is a request by Waterloo Home Corporation 700, Inc. to vacate a utility easement over a former platted alley, located at 1955 Locke Avenue. The applicant is requesting to vacate the 16' X 80' 1,280SF easement located under the former Knights of Columbus Building located at 1955 Locke Avenue. The easement is a former alley that was vacated by Ordinance 2139 on October 21, 1958. This vacation in no way affects the Page 103 of 247 Expenditure Required: Source of Funds: Policy Issue: Alternative: Background Information: Legal Descriptions: parking lot or alleyway located to the west of the building. It is unclear as to why an easement was retained when the alley was vacated, even though the building was built over the easement two years later and has existed for 57 years. N/A N/A Right-of-way N/A N/A Easement Vacate The easement over the following described vacated alley: that part of the alley lying in the block bounded by Easton Avenue, La Porte Road, Wisconsin Street and Locke Avenue in Pleasant View Addition in the City of Waterloo, Iowa, which adjoins Lots 1 and 2 and Lots 119 and 120 of said addition. Page 104 of 247 City of Waterloo Planning, Programming and Zoning Commission May 2, 2017 IIIIIIIIIII c-2` O 71111 i � r�„ �� I I I I I I I I I I I I I I I I I I I I I I 1111111 I .4 111111111:1111111111 11111 11111 IThrp 11111111 111111 III IIWIIIIIIIIIII IIIIIIIIIIII IIIIIIII NIIIIIIIII IIIIIIIIII 1111111111111 1111111111111 VIII 1 VIII R-3 HIIII IIIIIIH H NEM ■111111 MINIM #ks 111 ■111m ������I��■' I 11 1 NIIII■N-�11N■III 111111■ !■ ■ 1111■C . i11�11111111■ 1! .-■ ■..m 1.0 IIIIIII MENNE mmHg CHINE: MIMEO 1111N■ �J41CN' ra 111 A\/F 11111: 111111: *74 ■ ce„ \I\ E E.MI AV . MINN 111111 IIIIN ■IIIIIIII■■I ■ ■_ X7:0 o a ■■■■■ ■■ Mil Ira' ■� �-C1II1; i.uIIII:11.11. IIIIIII SE S in ■111II�i�iomm 1111 1111 ■A■ IIIIIIIIII IIIIIIII II 11111111■11 111 1111111 IIIIIIIIIIIIII 11 IIIIIII Ili 111111111111 I ��I 11111 1111 1111111111111 111111 ■ ■■ 111111111 1111111111 -1111111 • 1111 1 NIIIflhIfl!i samem ■1111 inn III IIP■ 111111111 11 1111 III 1111I(1,I� �,1111111 1H11111 X 111111111 R-3 111111111 1111111111 111111111 1111111111 11111 111 1 1 1111111111 11111 II R- 4 L. KIUI 1 380 R'3 111., !!► S-1 • (0 218 1955 Locke Avenue Easement Vacate Waterloo Home Corporation 170o, Inc. Page 105 of 247 City of Waterloo Planning, Programming and Zoning Commission May 2, 2017 i Locke Avenue 955 Easement Vacate Waterloo Home Corporation 70o, Inc. Page 106 of 247 \ ' �. E ��,�������� ;+,1�',,, �,r- �ti.T�/ R 75 37.5 0 75 �terl00 ��� lFeet City of Waterloo Planning & Zoning Department 715 Mulberry Street, Waterloo, Iowa 50703 (319) 291-4366 D Offer to Vacate and Purchase City Right -of -Way XRequest to Vacate Easement, Vacate Sidewalk, or Encroachment Agreement U Sale of City -Owned Property barrier / eorpvrKtrdn /$'55 4.0 cite rfVVt. • Applicant: lad, lnc:., 6 y Luke C. Address: G✓ (-4, (co s =!1. 5D7C 2 Phone No.: (319) 2-34/- y473/ "3-ensopi General Description of Property to Vacated (i.e.- alley between A St. & B St., South of C St.): form -t4, a ey ksacv l G,r,.f Am S v+, Zi r De f-tbv+ oP ,N P' ith o ro/c., ts i US [.ate /G-.Pd,,k RL Legal description of area to be conveyed, vacated, or encroached: yiNd. (tor + aF rite- etiky ly,`. ,`n Nte 4tack gSopp, pecee 6y Cas{ -.r. y¢,,-Cnvt Z -ac rt t/%(0N frtt1- L-• act f lei' (-r t (,U,t f ✓'GcU R.Q.Q,'f-e., ,„ i�c C,'�y � b:.+'lnm d 0A, W N .`y L, AA?, i A.4 1.a ID`s .L 4M3.� 2 4It / L. D /S ! I i °' 4,4 %�. " f 1. A non-refundable filing fee(s) shall be made as follows (checks payable to City of Waterloo): • Right-of-way vacation - One Hundred Seventy Five Dollar ($175.00) Filing Fee Easement or sidewalk vacation - Seventy Five Dollar ($75.00) Filing Fee • Encroachment -- One Hundred Dollar ($100.00) Filling 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 2. 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 CI RA): • Costs (surveying & mist., demolition, remove of curbs, etc): Asking price - Deductions = Value of Property: Offer Price for Entire Area: Note: The above information is a summary of the Sale of Property Policy (see attached). All requests to vacate and purchase City right-of-way must be accompanied by a signed "Intent to Vacate" form for each abutting property to the area to be vacated. Any request that fails to meet the Sale of Property Policy shall not be forwarded to the Building and Grounds Committee or City Council. Any such applicant shall need to request review to Building and Grounds through a City Council member. 3. Publication and Recording Fees*: At the time a buyer(s) has been selected, all publication costs and recording fees must be paid by the applicant. Applicant shall be responsible for collecting from other buyers. 4. Easement*: The following easement shall be retained: 5. Other: Please provide a site plan and/or aerial photo of the area to be vacated a • n as the reason for th equest. Set Prt*Ctc4 03/3// 2.0(7 Applicant (J Date *Not required for easement vacates sidewalk vacates or Encroachment Agreements Page 107 of 247 1'V©c JOHN T. McCOY DAVID L. RILEY KARLA J. SHEA , RILEY 85 SHEA, F.L.C. ATTORNEYS AT LAW LINCOLN PARK BUILDING 327 EAST 4TH STREET, SUITE 300 WATERLOO, IOWA 50703 PHONE: (319) 234-4631 FAX: (319) 234-8346 • LUKE C. JENSON Writer's Email: ljensonamrs-lawfirm.com March 31, 2017 City of Waterloo, Iowa 715 Mulberry St. Waterloo, IA 50703 Dear Sir or Madam, Mailing Address: P.O. Box 960 WATERLOO, IA 50704-0960 I represent the Waterloo Home Corporation 700, Inc. (the land-owning entity set up by the Waterloo Knights of Columbus Council 700). At the time of this writing, this corporation owns real estate at 1955 Locke Ave., Waterloo, IA 50702 and is in the process of selling the property to Price Investments, LLC. During this process, the attorney for Price Investments, LLC determined that in 1993, the City retained a legal interest affecting the property, specifically, "a permanent easement over, under and upon the above-described property." Because the legal description used was similar to an easement agreement in 1958 when the alley was originally conveyed to the Knights of Columbus by the City, there was a concern that the easement was not only reaffirmed but in fact enlarged in a 1993 Quit Claim, which led to the attorney's opinion that the easement "affect[ed] the marketability of the property." My own correspondence with City staff indicated that the City had no practical interest in the easement and the Planning and Zoning Department would recommend vacating. Buyer's attorney agreed that the Sellers could clear this issue through use of the "Request to Vacate Easement, Vacate Sidewalk, or Encroachment Agreement," application and approval. Enclosed is a copy of the March 28, 2017 letter from City Planner Seth Hyberger to the attorney for Price Investments, LLC, a plat map of the lots (and alley) in question - Lots 1, 2, 119, and 120 and the alley south of Lots 1 85 2, and Please let me know if you have any questions or concerns. With kind regards, Luke C. Ji'izson for McCOY, RILEY & SHEA, P.L.C. Page 108 of 247 September 190 1958 The Honorable Mayor and Ctty Council City Hall Waterloo, Iowa Gentlemen2 Transmitted herewith is the request of Attorney T. Eugene Thornton representing the Knights of Columbus for the vaca- tion Of a portion of an alley lying between Lots 1 and 2 and 10 and 120, Pleasant View Addition. This request was reviewed by the Waterloo City Planning Corn. mission in their rpgufar meeting of September 15. It is the recommendation of this Commission that upon request of the property owners. of lots_i through i5 and 106 to 1200 the entire length of this alley be vacated. A public utility easement should be retained in this vatated alloy. This alley has never been used or opened to the pub1IC0 Also„ the vacation of •thts alley would eliminate a curb cut ort LaPorte Road. It is the policy of this Commission to recommend necessary steps in which needless Intersections on our highways can be eliminated. HJC/vk Encl. Respettfully submitted, HO, J. Copel and Director of Planning Page 109 of 247 REQUEST: APPLICANT: GENERAL DESCRIPTION: IMPACT ON NEIGHBORHOOD & SURROUNDING LAND USE: VEHICULAR & PEDESTRIAN TRAFFIC CONDITIONS: RELATIONSHIP TO RECREATIONAL TRAIL PLAN AND COMPLETE STREETS POLICY: ZONING HISTORY FOR SITE AND IMMEDIATE VICINITY: DEVELOPMENT HISTORY: BUFFERS/ SCREENING REQUIRED: DRAINAGE: Vacate Easement at 1955 Locke April 14, 2017 Request by Waterloo Home Corporation 700, Inc. to vacate a utility easement over a former platted alley, located at 1955 Locke Avenue. Waterloo Home Corporation 700, Inc 1955 Locke Avenue Waterloo, IA 50702 The applicant is requesting to vacate a utility easement over a former platted alley that was vacated in 1958. The request would not appear to have a negative impact on the surrounding neighborhood or land use. The request would not appear to have a negative impact on vehicular or pedestrian traffic movements in the area. The area is served by La Porte Road which is classified as a Collector Street. The parking lot entrances are located off of Locke Avenue and Easton Avenues and they are classified as Local streets. There are no trails in the immediate vicinity of the site. Currently there are no sidewalks in the area however the city is in process of studying the future reconstruction of La Porte Road and will consider potential for pedestrian improvements as part of the reconstruction The area of the proposed site is zoned "C-2" Commercial District and was rezoned from "R-4" Multiple Family District by Ordinance Number 5394 on March 27, 2017. North — Commercial Development zoned "C-2" Commercial District. South — Commercial Development zoned "C-1" Commercial District and "C-2" Commercial District. East — Commercial Businesses zoned "M-1" Light Manufacturing District. West — Residential Development zoned "R-2" One and Two Family Residence District. The building that sits over the easement was originally constructed in 1960. Buildings to the north and south along La Porte Road were built between 1969 and 2014. The residential buildings to the west were built between 1935 and 1960 with a majority of them built in the mid -1950's. No buffers or additional screening is needed with this request. Vacation of the right-of-way would not appear to have a negative impact on drainage in the area. P Sge 1 /13 of 247 FLOODPLAIN: PUBLIC /OPEN SPACES/ SCHOOLS: UTILITIES: WATER, SANITARY SEWER, STORM SEWER, ETC RELATIONSHIP TO COMPREHENSIVE LAND USE PLAN: STAFF ANALYSIS — ZONING ORDINANCE: STAFF ANALYSIS — SUBDIVISION ORDINANCE: STAFF RECOMMENDATION: Vacate Easement at 1955 Locke April 14, 2017 No portion of the vacate area is located within a Special Flood Hazard Area as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 190025 and Panel Number 0302F, dated July 18, 2011. The nearest school is Kittrell Elementary School which is located one mile to the west. The nearest open space is Morris Park which is located directly to the south of Kittrell Elementary School. There are no utilities in the area to be vacated. There are 8" Sanitary Sewer Lines located along the centers of La Porte Road, Easton Avenue and Locke Avenue. The Future Land Use Map designates the eastern half of the property as Commercial. The Future Land Use Map designates the western half of the property that is currently used for parking as Low Density Residential. The City of Waterloo is currently in the beginning stages of updating it Comprehensive Plan and it will be necessary to change the Future Land Use Map to reflect the change in the proposed land use and the parking lot is an existing parking area that was permitted for pervious use, which is a similar use to the proposed use. The applicant is requesting to vacate the 16' X 80' 1,280SF easement located under the Knights of Columbus Building located at 1955 Locke Avenue. The easement is a former alley that was vacated by Ordinance 2139 on October 21, 1958. This vacation in no way affects the parking lot or alleyway located to the west of the building. It is unclear as to why an easement was retained when the alley was vacated, even though the building was built over the easement two years later and has existed for 57 years. There is no platting required for this request. Therefore, staff recommends that the request to vacate the approximately 1280SF 0.030 acre easement located under the Knights of Columbus Building located 1955 Locke be approved for the following reasons: 1. The request would not appear to have a negative impact on the surrounding area. 2. The request would not appear to have a negative impact upon pedestrian and traffic conditions within the surrounding area. 3. There are no known utilities located in the easement. Psge t'12 of 247 CITY OF WATERLOO Council Communication Sale and conveyance of city owned property located east of 751 West Donald Street, in the amount of $264.10, with easement retained, to Walt Tournier and authorizing the Mayor and City Clerk to execute said documents. City Council Meeting: 6/5/2017 Prepared: 5/31/2017 REVIEWERS: Department Planning & Zoning Clerk Office ATTACHMENTS: Description D Tournier SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Alternative: Reviewer Schroeder, Aric Even, LeAnn Action Approved Approved Type Cover Memo D ate 5/31/2017 - 10:46 AM 5/31/2017 - 12:45 PM Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No Comments on File. Motion to close hearing and receive and file oral and written comments and recommendation of approval from Planning, Programming & Zoning Commission. Resolution approving sale and conveyance of city owned property located east of 751 West Donald Street, in the amount of $264.10, with easement retained, to Walt Tournier and authorizing the Mayor and City Clerk to execute said documents. Submitted By: Noel Anderson, Community Planning & Development Director Adopt resolution as requested Mr. Walt Tournier has erroneously built a portion of his garage on city property. After meeting with Engineering and Planning staff, it has been determined a small section can be sold to Mr. Tournier to legalize the garage location. NA NA Sale of Property 1. Not sell 2. move garage 3. encroachment agreement Page 112 of 247 Background Information: Legal Descriptions: Mr. Tournier built a garage with a portion of the garage on City property. Mr. Tournier is attempting to sell his property and the error in location was discovered. This sale of a small portion of land would legalize his garage location. The City owns land in this area for drainage way improvements for present and future. Engineering staff is ok with the sale, with an easement retained. The West 30 feet of the South 110 feet of the North 650 feet of the East 100 feet of the North 8 acres of the West 10 acres of the Northeast Quarter of the Northwest Quarter of Section 14, Township 89 North, Range 13 West, City of Waterloo, Black Hawk County, Iowa, subject to the retention of an easement for drainage, utility, and access purposes over the above described area. Page 113 of 247 City of Waterloo Planning & Zoning Department 715 Mulberry Street, Waterloo, Iowa 50703 (319) 291-4366 ❑ Offer to Vacate and Purchase City Right -of -Way U Request to Vacate Easement, Vacate Sidewalk, or Encroachment Agreement ex Sale of City -Owned Property ��1 LC3� � o�)a, Applicant: Y V `"amu' 0 � Address: l I ' . Dha r Phone No. .Q-.1.14\- General Description of Property to Vacated (i.e.- alley between A St. & B St., South of C St.): 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 Seventy Five Dollar ($175.00) Filing Fee • Easement or sidewalk vacation — Seventy Five Dollar ($75.00) Filing Fee • Encroachment — One Hundred Dollar ($100.00) Filling 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 2. 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 CUBA): • Costs (surveying & misc., demolition, remove of curbs, etc): Asking price --- Deductions = Value of Property: Offer Price for Entire Area: Note: The above information is a summary of the Sale of Property Policy (see attached). All requests to vacate and purchase City right-of-way must be accompanied by a signed "Intent to Vacate" form for each abutting property to the area to be vacated. Any request that fails to meet the Sale of Property Policy shall not be forwarded to the Building and Grounds Committee or City Council. Any such applicant shall need to request review to Building and Grounds through a City Council member. 3. Publication and Recording Fees*: At the time a buyer(s) has been selected, all publication costs and recording fees must be paid by the applicant. Applicant shall be responsible for collecting from other buyers. 4. Easement*: The following easement shall be retained: 5. Other: Please provide a site plan and/or aerial photo of the area to be vacated if the request involves additional construction as the reason for the request. a�P104/ZPot,‘" o,L+ n hieH S 41' c7 -ZD +7 Applicant Date *Not required for easement vacates side alk vacates or Encroachment Agreements Page 114 of 247 SALE OF PROPERTY POLICY Price: All properties shall have an asking price of: 1. A current appraisal price 2. The current assessed value for that parcel 3. The current price per square foot of abutting property 4. The current price per square foot of adjacent property 5. The applicant or city staff may replace an above -determined asking price with current information on the sale of abutting or adjacent land Price may be modified by below information: RESIDENTIAL COMMERCIAL/INDUSTRIAL Buildable 1. Price as determined above (1-5) 2. Payment of future taxes may be counted against the purchase price. This shall be counted for 5 years. For sites within CURA, it shall be extended to 8 years. 3. If located within an area which has not seen recent new housing construction, City Council may sell for $1.00 plus costs, in accordance with a development agreement requiring the buyer to construct new housing. 4. Otherwise, a minimum sale price of 70% of the price as determined above. (Example: Council approved sale of 41ots along Chestnut Street for $1.00 in exchange for requirement of 4 homes being built within a 2 -year timeframe). Un -buildable 1. Price as determined above (1-5) 2. May decrease price by 50% for area located within an easement 3. Payment of future taxes may be counted against the purchase price. This shall be counted for 5 years. For sites within CURA, it shall be extended to 8 years. 4. Otherwise, a minimum sale price of 70% of the price as determined above (Example: A neighbor mowing a paper alley for 10 years may request to purchase that alley. The alley has overhead electric lines. The asking price is $0.65 per sq. ft. - hypothetical 16' wide by 120' deep - or $1,248.00. They can reduce by 50% for the easement over the entire area. This would make selling price $624.00) Buildable 1. Price as determined above (1-5) 2. City Council may sell land for $1.00 or similar price for areas within TIF, or Urban Renewal Districts, or Industrial Parks, as they see fit for betterment of that area (by Development Agreement) 3. Payment of future taxes may be counted against the purchase price. This shall be counted for 5 years. For sites within CURA, it shall be extended to 8 years. 4. Otherwise, a minimum sale price of 70% of the price as determined above. (Example: Council approved the sale of land to Con Agra at the MidPort Industrial Park for $1.00 in exchange for requirement of multi-million pudding plant being constructed within 2 -year timeframe). Un -buildable 1. Price as determined above (1-5) 2. May decrease price by 50% for area located within an easement 3. May decrease price by 50%-100% for area in rear or determined to have little to no value (alley, etc.) 4. Payment of future taxes may be counted against the purchase price. This shall be counted for 5 years. For sites within CURA, it shall be extended to 8 years. 5. Otherwise, a minimum sale price of 70% of the price as determined above (Example 1: Under these rules, the r -o -w frontage along San Marnan would still have been transferred for $1.00 due to taxable value of a new building on land. (Example 2: Under statement of eliminating rear areas with little to no value, Council could still sell alley portion in rear of property for $1.00 to Aramark - as previously requested). For all properties: 1. Payment of future taxes may be counted against the purchase price. This shall be counted for 5 years. For sites Primate C. 's share within CURA, it shall be extended to 8 years. This shall be -40% of entire taxes to roughly of taxes paid. 2. Goal is to have construction begun within a predetermined timeframe from approval of sale. 3. Development costs may be counted against purchase price: survey costs, demolition costs for redevelopment, etc. 4. The Council shall not sell un -buildable parcels of land, except to abutting property owners to try and create buildable parcels of land for future tax base development 5. The offer amount and potential sale will also consider "Smart Growth" principles to allow land to be used for the highest and best purpose in terms of allowing businesses and uses to grow in the developed portions of the community. PROCEDURE Any request that meets the Policy criteria, either through offering full asking price or by meeting criteria of added taxable value and expenses in relation to asking price, shall be forwarded to full City Council. Any request that fails to meet the Policy criteria shall not be forwarded to Building & Grounds or City Council. Any such applicant shall need to request review to Building & Grounds by themselves through a City Council member. Such a request shall require a $100.00 filing fee, which is not refundable, regardless of City Council decision. In any case, the City Council still reserves the right to sell property in a variety of manners, such as bidding, Page 115 of 247 • ±v, North kine NW 114 Sec. 14, T89N, R13W -West Donald Street . 751 West Donald St Waft Tournier v. nwood Lane 0 719 West Dian d ,t --Donald Pritchett Kathleen Pritchett / ottonwood Ln .f Angela Beninga' Tho under �j 1T .may 1904 C dltoit 1JohnB,Nichol Karljaols f r • d Page 116 of 247 NOEL ANDERSON To: tournermfginc@yahoo.com Cc: WAYNE CASTLE; JAMIE KNUTSON; ARIC SCHROEDER Subject: garage location Attachments: IMG_1064,jpg; Enc Agr - 2864 Burton Ave Accurate Gear Parking area in right-of-way Dra....pdf; Vacate, Encroachment or Sale of Property App.doc Importance: High Walt — thanks for stopping in and meeting with Engineering staff. They have also, since that initial meeting, been out to visit your site and put together some information on options for us to proceed. Their notes: Attached photo is at the south end of the building looking north. At the corner of the retaining wall to the edge of the mowed lawn is roughly 21'. At the northeast building corner/southeast wall corner to the edge of the mowed lawn is roughly 27'. At the southeast building corner to the edge of the mowed lawn is roughly 40' (the mowed edge is roughly 5-10 feet west of the lawn edge in the above two measurements). In all measurements, the top of bank is another 3-5 feet east of the edge of mowed lawn. Theoretically, could have an access road between the retaining wall/building and top of channel bank. Northeast corner of retaining wall should be moved back and the east wall parallel with the creek to give us another 8-10 feet. Wayne I have also attached a sample Encroachment Agreement. This is a step that would go to City Council for approval, if you wish to proceed in this manner. The Encroachment Agreement basically says you have constructed something on City property, and it is being allowed to remain at this time. If need be, for City purposes, that the building must be moved in future, it would be at expense of owner. I have further attached the Sale of Property Policy and application. This is the Policy by which City Council makes decisions on selling land. As you can see, the Policy notes land is to be valued at its appraised or assessed value. The assessed value of your land is $0.16 per square foot. The amount of area needing to be sold to make the garage legal would be 3,300 sq. ft. For an asking price of $528.20. We would want to retain an easement over that section, so the price is put at 50% of that value for a final asking price of $264.10. This would include the need to move the retaining wall back to the 27' mark as noted in notes above. Please let me know how you wish to proceed. The process for an Encroachment Agreement is a weekly City Council meeting timeline. So can be approved on a weekly basis. By State Code, the City must sell property by a public hearing process, so this will take about34 weeks to go to City Council, set a date of hearing, and then have the hearing at another Council meeting approximately 2-3 weeks out. If you wish the Encroachment Agreement, we will put one together for your signature. If you wish the sale of property, the attached sheet needs to be filled out for the Sale of City Property. Please fill out, sign, and send back to me. Thanks, Noel 1 Page 117 of 247 Noel Anderson Community Planning & Development Director City of Waterloo Community Planning & Development Department City Hall 715 Mulberry Street Waterloo, Iowa 50703 Phone: 319.291.4366 Fax: 319, .291.4262 Cell: 319.290.6357 Websites: City— www.cityofwaterlooiowa.com Drownfields: www.thenewwaterloo.com "Can't fail is arrogance. Won't fail is confidence."— Lord John Roxton 2 Page 118 of 247 CITY OF WATERLOO Council Communication FY 2017 Sidewalk Repair Program and Trail Repairs - Zone 7, Contract No. 914. City Council Meeting: 6/5/2017 Prepared: 5/17/2017 REVIEWERS: Department Reviewer Action Date Engineering Thorson, Eric Approved 5/17/2017 - 10:57 AM Clerk Office Even, LeAnn Approved 5/17/2017 - 3:24 PM ATTACHMENTS: Description Type D Bid Tab Cover Memo SUBJECT: Submitted by: Source of Funds: Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING -No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution confirming approval of plans, specifications, form of contract, etc. Resolution authorizing to proceed. Motion to receive and file and instruct City Clerk to read bids and refer to City Engineer for review. Submitted By: Wayne Castle, PLS, PE, Associate Engineer G.O. Bonds Page 119 of 247 FY2017 Sidewalk Repair Program and Trail Repairs — Zone 7 Contract No. 914 Bid Opening: May 25, 2017 Estimate: $272,577 Bid Security Required Bidder Bid Security Bid Amount B & B Builders & Supply Waterloo, IA o 5 /o $272,298.52 Page 120 of 247 CITY OF WATERLOO Council Communication 2017 Salvaged Asphalt Crushing Project. City Council Meeting: 6/5/2017 Prepared: 5/26/2017 REVIEWERS: Department Reviewer Action Date Traffic Operations Even, LeAnn Approved 5/30/2017 - 5:55 PM ATTACHMENTS: Description Type D Bid Tab Cover Memo SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Motion to receive and file proof of publication and notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution confirming approval of plans, specifications, form of contract, etc. Resolution authorization to proceed. Motion to receive, file and instruct City Clerk to read bids. Resolution awarding bid to Peterson Contractor, Inc., of Reinbeck, Iowa in the amount of $79,200 for the 2017 Salvaged Asphalt Crushing Project and authorize Mayor and City Clerk to execute said documents. Submitted By: Sandie Greco, Interim Public Works Director Recommend Approval The City has salvaged and stockpiled asphalt from various streets and projects in the local area. The crushed asphalt will be used in alleys, shoulders and parking lots. $62,000.00 266-19-7100-1511 The City has salvaged and stockpiled asphalt from various streets and projects in the local area. Approximately every 2 years asphalt grinding is necessary. Page 121 of 247 FY17 SALVAGED ASPHALT CRUSHING Bid Tab: June 1, 2017 Estimate: $59,000 Bidder Bid Security Bid Amount CJ Moyna & Sons 5% $152,500 $18,000 Peterson Contractors, Inc. $77,000 Reinbeck, IA 5% $2,200 Page 122 of 247 CITY OF WATERLOO Council Communication Purchase of two (2) compact trucks for Engineering Department. City Council Meeting: 6/5/2017 Prepared: 5/26/2017 REVIEWERS: Department Reviewer Traffic Operations Even, LeAnn Action Approved ATTACHMENTS: Description Type D Bid Tab Backup Material SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Background Information: D ate 5/30/2017 - 6:00 PM Motion to receive and file proof of publication and notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution confirming approval of plans, specifications, form of contract, etc. Resolution authorizing to proceed. Motion to receive, file and instruct City Clerk to read bids and refer to Interim Public Works Director for review. Submitted By: Sandie Greco, Interim Public Works Director Recommend Approval. The purchase of two compact pickup trucks supports the Engineering Department on -street construction oversight process. This purchase replaces 2002 and 2004 model equipment. Replacement of these two vehicles was programmed in the 2017 Capital Equipment Replacement Program. Estimate: $50,000.00 415-07-7830-2117 416-07-7830-2117 The purchase of two compact pickup trucks supports the Engineering Department on -street construction oversight process. This purchase replaces 2002 and 2004 model equipment. Replacement of these two vehicles was programmed in the 2017 Capital Equipment Replacement Program. Page 123 of 247 PURCHASE OF (2) COMPACT PICK UP TRUCKS FOR ENGINEERING DEPT. Bid Tab: June 1, 2017 Estimate: $50,000 Bidder Bid Amount Jerry Roling Motors, Inc. Waverly, IA 2018 $23,200 Extended $26,980 Crew Cab Rydell Chevrolet Waterloo, IA 2017 $25,038 Extended $29,312 Crew Cab Pat M Grath Chevyland Cedar Rapids, IA 2017 (A) $22,896 (B)$22,135 $26,351 Crew Cab Page 124 of 247 CITY OF WATERLOO Council Communication General Terminal Bldg. HVAC replacements City Council Meeting: 6/5/2017 Prepared: 5/10/2017 REVIEWERS: Department Reviewer Action Date Airport Kaspari, Keith Approved 5/10/2017 - 12:16 PM Clerk Office Even, LeAnn Approved 5/10/2017 - 12:26 PM ATTACHMENTS: Description Type D PDF Copy of Notice of Public Hearing Cover Memo ❑ PDF Copy of Notice to Bidders Cover Memo ❑ Pictures of Hangar No: 5 Gutters Cover Memo a Pictures of Hangar No: 5 Gutters 2 Cover Memo a Exterior Picture of Hangar No: 5 Cover Memo a Interior Lighting Picture of Hangar No: 5 Cover Memo SUBJECT: Public hearing cancelled due to lack of bids. Submitted by: Submitted By: Keith Kaspari, Airport Director Recommended Action: Expenditure Required: Source of Funds: That resolution preliminarily approving specification, form on contract, etc., and bid opening as June 1, 2017 at 1:00 p.m. in the City Clerk's Office of City Hall in the First Floor Conference Room on the above described bid proposal, be adopted and City Clerk instructed to public notice of the same. No Airport Department operating funds, nor any City CIP funds will be used to pay on this project. This project will be 100% approved via the FY -2017 grant from the IDOT Commercial Service Vertical Infrastructure (CSVI) program. Policy Issue: N/A Alternative: N/A This program will allow for improvements to the Hangar 5 exterior (Gutters, Etc.) and interior (Hangar Bay area lighting), and pending IDOT's approval to redirect approximately $42,300 of grant funds from FY -2016 to 2017, this redirect of funds would allow for additional exterior improvements with repairs to the Hangar No: 5 roof. See attached pics of Hangar 5 Gutters. What occurs, is that the winter Page 125 of 247 Background Information: season rains freezes, then backs up with water infiltration coming into the hangar structures, causing mold, and other water problems inside the hangar. This project looks to fix this once and for all. Also, this project will replace 1970's era fluorescent light fixtures with the installation of next generation hangar bay interior lights via the introduction of LED fixtures. This should provide enhanced lighting, but also long service life and energy efficiencies never before realized. Legal Descriptions: N/A Page 126 of 247 NOTICE OF PUBLIC HEARING On Proposed Plans, Specifications, Form of Contract, And Estimate of Cost For the Hangar No. 5 Rehabilitation In the City of Waterloo, Iowa RECEIVING OF BIDS Sealed proposals will be received by the City Clerk of the City of Waterloo, Iowa, at her office in the City Hall of the said City on the 1st day of June, 2017, until 1:00 p.m. for the construction of the HANGAR NO. 5 REHABILITATION as described in detail in the plans and specifications now on file in the Office of the City Clerk. OPENING OF BIDS All proposals received will be opened in the First Floor Conference Room at City Hall, in the City of Waterloo, Iowa, on the 1st day of June, 2017, at 1:00 p.m., and the proposals will be acted upon at such later time and place as may then be fixed by the City Council. PUBLIC HEARING Notice is hereby given that the Council of said City will conduct a public hearing on the proposed plans, specifications, form of contract, and estimate of cost for the construction of the above-described improvement project at 5:30 p.m. on the 5th day of June, 2017, said hearing to be held in the Harold E. Getty Council Chambers in City Hall in said City. The proposed plans, specifications, form of contract, and estimate of cost for said improvements heretofore prepared by AECOM are now on file in the office of the City Clerk for public examination, and any person interested therein may file written objection thereto with the City Clerk before the date set for said hearing, or appear and make objection thereto with the City Clerk before the date set for said hearing, or appear and make objection thereto at the meeting above set forth. The NOTICE TO BIDDERS can be viewed at the following locations: 1) City of Waterloo web site at http://ci.waterloo.ia.us/ 2) Plan rooms: Master Builders of Iowa 221 Park Street, PO Box 695 Des Moines, IA 50303 McGraw Hill Construction Dodge 3315 Central Ave. Hot Springs, AR 71913 Reed Construction Data 30 Technology Parkway South, Ste. 500 Norcross, GA 30092 3) Plan Room Web sites: Master Builders of Iowa web site at www.mbionline.com Dodge Lead web site: http://dodgeprolects.construction.com/ Reed Const. Data Lead web site: http://www.cmdgroup.com/prosect-leads/ NOTICE OF PUBLIC HEARING HANGAR NO. 5 REHABILITATION AECOM 60532584 NPH -1 of 2 Page 127 of 247 SCOPE OF WORK The project consists of the rehabilitation of Hangar No. 5 at the Waterloo Regional Airport. The rehabilitation includes replacement of select metal roofing panels, coating of the entire roof, replacement of gutters and downspouts, and replacement of interior hangar bay lighting with high bay LED Fixtures and exterior lighting with LED Fixtures. Published pursuant to the provisions of Chapter 26 of the City Code of Iowa and upon order to the City Council of said Waterloo, Iowa, on the day of , 2017. CITY OF WATERLOO, IOWA BY: Kelley Felchle City Clerk NOTICE OF PUBLIC HEARING HANGAR NO. 5 REHABILITATION AECOM 60532584 NPH -2 of 2 Page 128 of 247 NOTICE TO BIDDERS For the Taking of Construction Bids for the HANGAR NO. 5 REHABILITATION In the City of Waterloo, Iowa RECEIVING OF BIDS Sealed proposals will be received by the City Clerk of the City of Waterloo, Iowa, at her office in the City Hall of the said City on the 1st day of June, 2017, until 1:00 p.m. for the construction of HANGAR NO. 5 REHABILITATION, as described in detail in the plans and specifications now on file in the Office of the City Clerk. OPENING OF BIDS All proposals received will be opened in the First Floor Conference Room at City Hall, in the City of Waterloo, Iowa, on the 1st day of June, 2017, at 1:00 p.m., and the proposals will be acted upon at such later time and place as may then be fixed by the City Council. PRE-BID MEETING A pre-bid meeting for this project will NOT be held, but contractors are urged to make a site visit and familiarize themselves with existing conditions. Bidders shall arrange an individual site visit prior to Bidding by contacting the Airport Director at (319)291-4483. PUBLIC HEARING The Council of said City will conduct a public hearing on the proposed plans, specifications, form of contract, and estimate of cost for the construction of the above-described improvement project at 5:30 p.m. on the 5th day of June, 2017, said hearing to be held in the Harold E. Getty Council Chambers in City Hall in said City. SCOPE OF WORK The project consists of the rehabilitation of Hangar No. 5 at the Waterloo Regional Airport. The rehabilitation includes replacement of select metal roofing panels, coating of the entire roof, replacement of gutters and downspouts, and replacement of interior hangar bay lighting with high bay LED Fixtures and exterior lighting with LED Fixtures. BEGINNING AND COMPLETION DATES The work under the proposed contract shall be commenced within ten (10) working days after receipt of "Notice to Proceed" and all items shall be completed on or before July 31, 2017. METHOD OF PAYMENT TO CONTRACTOR The Contractor will be paid against bi-monthly estimates in cash on the basis of ninety-five percent (95%) of the work as it is completed and materials delivered and work approved. Final payment will be made thirty-one (31) days after completion of the work and acceptance by the Council. Before final payment is made, vouchers showing that all subcontractors and workmen and all persons furnishing materials have been fully paid for such materials and labor will be required unless the City is satisfied that material, men and laborers have been paid. NOTICE TO BIDDERS AECOM 60532584 HANGAR NO. 5 REHABILITATION NB -1 of 4 Page 129 of 247 The Contractor is hereby notified that if the City does not have cash on hand to pay monthly pay estimates, according to Chapter 384.57 of the Code of Iowa, payment may be made by anticipatory warrants issued bearing a rate of interest not exceeding that permitted by Chapter 74A, Code of Iowa. PLANS AND SPECIFICATIONS Plans and Specifications governing the construction of the proposed improvements have been prepared by AECOM, which plans and specifications and also the prior proceedings of the City Council referring to and defining said proposed improvements are hereby made a part of this notice, and the proposed contract by reference shall be executed in compliance therewith. Plans and Specifications are available from AECOM upon the receipt of a $25.00 refundable deposit (check only). Deposits will be refunded if the plans are returned in usable condition (i.e. generally free of highlights, ink markings, tears, stickers, water stains and soiling) to AECOM, 501 Sycamore Street, Suite 222, Waterloo, Iowa, by the end of the 14th consecutive day after the project has been awarded. No deposits will be refunded for any requests or plans received after the 14th consecutive day, which includes plans returned via mail service. Plan holders are responsible for ascertaining when the project has been awarded. . If the plan holder is the prime contractor or a subcontractor or supplier of the prime contractor that has been awarded the project, Plans and Specifications do not need to be returned to receive the deposit. The prime contractor must submit a list of his subcontractors and suppliers for AECOM to verify eligibility for the refundable deposit. Upon award of project, the prime contractor, his subcontractors and suppliers shall be supplied with the needed number of plans and specifications at no additional cost. CONTRACT AWARD A contract will be awarded to the qualified bidder submitting the lowest bid. The City reserves the right to reject any or all bids, re -advertise for new bids, and to waive informalities in the bids submitted that might be in the best interest of the City. Bids may be held by the City of Waterloo, Iowa, for a period not to exceed thirty (30) days from the day of the opening of bids for the purpose of reviewing the bids and investigating the qualifications of bidders, prior to awarding the contract. By virtue of statutory authority, a preference will be given to products and provisions grown and coal produced with the State of Iowa and preference will be given to local domestic labor in the construction of the improvement. PROPOSALS SUBMITTED The bidder shall submit bids on the items listed in the proposal. The bidder shall clearly write or type the unit bid price and the bid item extension (Unit Price x Estimated Qty) in numerals on the blanks provided. Should there be any discrepancy between the unit bid price and extension, the City of Waterloo shall consider the unit bid price as being the valid unit bid price. The bidder has the option to submit a computer-generated spreadsheet in lieu of the portion of the Form of Bid or Proposal, which includes the Bid Item Number, Description, Unit, Estimated Quantity, Unit Bid Price, Total Bid Price and Total Bid. The computer-generated spreadsheet shall include all of the information listed in that portion of the Form of Bid or Proposal as well as bear the signature of the Prime Contractor submitting the bid. For the bidders who submit a computer-generated spreadsheet, the TOTAL BID (with alternates, if applicable) shall also be indicated in the space(s) provided on the Form of Bid or Proposal. NOTICE TO BIDDERS AECOM 60532584 HANGAR NO. 5 REHABILITATION NB -2 of 4 Page 130 of 247 BID SECURITY REQUIRED All bids must be accompanied in a separate envelope by a certified or cashier's check drawn on an Iowa bank, or a bank chartered under the laws of the United States, a certified share draft drawn on a credit union in Iowa or chartered under the laws of the United States, or bid bond, (on the form furnished by the City) payable to the City of Waterloo, Iowa, in the sum of not less than five percent (5%) of the bid submitted, which certified check, certified share draft or bid bond will be held as security that the Bidder will enter into a Contract for the construction of the work and will furnish the required bonds, and in case the successful Bidder shall fail or refuse to enter into the Contract and furnish the required bonds, his bid security may be retained by said City as agreed upon liquidated damages. If bid bond is used, it must be signed by both the Bidder and the surety or surety's agent. Signature of surety's agent must be supported by accompanying Power of Attorney. PERFORMANCE & PAYMENT BONDS The successful bidder will be required to furnish a "Performance Bond" and a "Payment Bond" within ten (10) days after forms are presented to him in an amount equal to one hundred percent (100%) of the contract price, said bond to be issued by a responsible surety approved by the City Council and shall guarantee the faithful performance of the contract and the terms and conditions therein contained, and shall guarantee the prompt payment of all materials and labor and protect and save harmless the City from claims of any kind caused by the operations of the contractor. MAINTENANCE BOND Before the Contractor shall be entitled to receive final payment for work done under this contract, it shall execute and file a bond in the penal sum of not less than 100% of the total amount of the contract, same to be known as "Maintenance Bond," and which bond must be approved by the City Council, and which bond is in addition to the bond given by the Contractor to guarantee the completion of the work. CONTRACT COMPLIANCE PROGRAM / SUBCONTRACTING The program proposes numerical projections regarding utilization of Minority Business Enterprise (MBE) and Women Business Enterprise (WBE) as Subcontractors, vendors and suppliers in the performance of Contracts awarded by the City of Waterloo, Iowa. A goal of at least ten percent (10%) for MBE participation on all City funded construction projects that are estimated at $50,000.00 or more. A goal of at least two percent (2%) for WBE participation on all City funded construction projects that are estimated at $50,000.00 or more. Any project funded in part or in total with federal funds shall follow the respective agencies contract compliance program and goals. The Prime Contractor shall make "good -faith efforts" to meet the Contract Compliance MBE/WBE goals. The MBE/WBE subcontractors, suppliers or vendors must provide the Prime Contractor a reasonably competitive price for the service being rendered or the Contractor is not required to accept their bid. PREDETERMINED WAGE RATE Predetermined wage rates do not apply to work on this project. LIQUIDATED DAMAGES Time is an essential element of this contract. It is important that the work be diligently pursued to completion. If the work is not completed within the specified contract period, plus authorized extensions, the contractor shall pay to the City Liquidated Damages in the amount of Five Hundred Dollars ($500.00) per day, for each day, as further described herein, in excess of the authorized time. Days beyond the specified completion date for which Liquidated Damages will be charged will be working days that the contractor does, or could have worked, from Monday through Saturday. Sundays will be NOTICE TO BIDDERS AECOM 60532584 HANGAR NO. 5 REHABILITATION NB -3 of 4 Page 131 of 247 counted only if work is performed. Partial working days will be considered as a full working day. Days not chargeable for Liquidated Damages will include rain days, Sunday if no work is done, and legal holidays. Working days will cease to be charged when only punch list items remain to be completed. Punch list items do not include contract bid items or approved change/extra work orders. When the Contractor believes the project to be substantially completed, a written notice stating the same shall be submitted to the Engineer and a request made for a Punch List. If the work under the Contract extends beyond the normal construction season for such work the Contractor shall submit to the Engineer in writing a request that working days counted toward the project be suspended until work is resumed the following construction season. This amount is not construed as a penalty. These damages are for the cost to the City of providing the required additional inspection, engineering and contract administration. PRE -CONSTRUCTION CONFERENCE Before the work is commenced on this contract, a conference shall be held for the purpose of discussing the contract. The conference shall be attended by the prime contractor, subcontractors and City Officials. RESIDENT BIDDER/NON-RESIDENT BIDDER Attention of bidders is called to compliance with the provisions of the Resident Bidder/Non-Resident Bidder requirements. Each bidder submitting a bid shall execute and include with the bid, a Resident Bidder Certification or a Non -Resident Bidder Certification in the form(s) herein provided. SALES TAX EXEMPTION CERTIFICATES Contractors and approved subcontractors will be provided a Sales Tax Exemption Certification to purchase building materials or supplies in the performance of construction contracts let by the City of Waterloo. Posted pursuant to the provisions of Chapter 26 of the City Code of Iowa. CITY OF WATERLOO, IOWA NOTICE TO BIDDERS AECOM 60532584 HANGAR NO. 5 REHABILITATION NB -4 of 4 Page 132 of 247 , „„ 1:11„!,,,„.„.„ „„wN,*v„% , ,„,,„,„„, r� °�� ...,,,uw�„� ,��U����-� h "'_ I �I 4 ' CITY OF WATERLOO Council Communication Waterloo Regional Airport Hangar No. 5 Rehabilitation. City Council Meeting: 6/5/2017 Prepared: 5/31/2017 REVIEWERS: Department Reviewer Action Date Airport Higby, Nancy Approved 5/31/2017 - 3:10 PM SUBJECT: Public hearing cancelled due to lack of bids. Submitted by: Submitted By: Keith Kaspari, Airport Director Page 137 of 247 CITY OF WATERLOO Council Communication Resolution to appoint Bankers Trust Company of Des Moines, Iowa, to serve as Paying Agent, Bond Registrar, and Transfer Agent; approve the Paying Agent, Bond Registrar and Transfer Agent Agreement in conjunction with the $9,245,000 General Obligation Bonds, Series 2017A, and authorizing the execution of said agreement by the Mayor and City Clerk. City Council Meeting: 6/5/2017 Prepared: 5/31/2017 REVIEWERS: Department Reviewer Action Date Finance Weidner, Michelle Approved 5/31/2017 - 12:09 PM Clerk Office Even, LeAnn Approved 5/31/2017 - 12:35 PM ATTACHMENTS: Description Type D Council Comm Bond Issuance and Paying Agent 2017 Cover Memo SUBJECT: Submitted by: Summary Statement: Expenditure Required: Source of Funds: Resolution to appoint Bankers Trust Company of Des Moines, Iowa, to serve as Paying Agent, Bond Registrar, and Transfer Agent; approve the Paying Agent, Bond Registrar and Transfer Agent agreement in conjunction with the $9,245,000 General Obligation Bonds, Series 2017A, and authorizing the execution of said agreement by the Mayor and City Clerk. Submitted By: Michelle Weidner, Chief Financial Officer Bankers Trust will disburse the semi-annual interest and annual principal payments to the bondholders over the term of the bonds. A one-time acceptance fee of $250 is charged. Annual paying agent fees of $500 will be required each year the bonds are outstanding. Fees are paid using the debt service levy. Page 138 of 247 Mayor QU ENTIN HART COUNCIL MEMBERS TOM POWERS Ward 1 BRUCE JACOBS Ward 2 PATRICK MORRISSEY Ward 3 JEROME AMOS, JR. Ward 4 RON WELPER Ward TOM LIND At -Large STEVE SCHMITT At -Large CITY OF WATERLOO, IOWA City Clerk and Finance Department 715 Mulberry St. • Waterloo, IA 50703 • (319) 291-4323 Fax (319) 291-4571 KELLEY FELCHLE • City Clerk MICIIELLE WEIDNER, CPA • Chief FinancialOfJicer Council Communication City Council Meeting: June 5, 2017 Prepared: May 31, 2017 Dept. Head Signature: Number of Attachments: None SUBJECT: FYE2017 Bond Issue Hearings Submitted by: Michelle Weidner, Chief Financial Officer Recommended City Council Actions: Adopt resolutions approving for the following actions for the bonds sold May 17, 2017, as follows:: General Obligation Bond Issue 2017A — Resolution to appoint Bankers Trust Company of Des Moines, Iowa, to serve as Paying Agent, Bond Registrar and Transfer Agent; approve the Paying Agent and Bond Registrar and Transfer Agent Agreement, in conjunction with the $9,245,000 General Obligation Bonds, Series 2017A, and authorizing the execution of said agreement by the Mayor and City Clerk. General Obligation Bond Issue 2017B — Resolution to appoint Bankers Trust Company of Des Moines, Iowa, to serve as Paying Agent, Bond Registrar and Transfer Agent; approve the Paying Agent and Bond Registrar and Transfer Agent Agreement, in conjunction with the $3,600,000 General Obligation Bonds, Series 2017B, and authorizing the execution of said agreement by the Mayor and City Clerk. General Obligation Bond Issue 2017C — Resolution to appoint Bankers Trust Company of Des Moines, Iowa, to serve as Paying Agent, Bond Registrar and Transfer Agent; approve the Paying Agent and Bond Registrar and Transfer Agent Agreement, in conjunction with the $8,100,000 General Obligation Bonds, Series 2017C, and authorizing the execution of said agreement by the Mayor and City Clerk. General Obligation Bond Issue 2017A - Resolution authorizing and providing for the issuance, and levying a tax to pay the Bonds, and approving the Tax Exemption Certificate and Continuing Disclosure Certificate for the $9,245,000 General Obligation Bonds, Taxable Series 2017A WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Page 139 of 247 General Obligation Bond Issue 2017B - Resolution authorizing and providing for the issuance, and levying a tax to pay the Bonds, and approving the Continuing Disclosure Certificate for the $3,600,000 General Obligation Bonds, Taxable Series 2017B. General Obligation Bond Issue 2017C - Resolution authorizing and providing for the issuance, and levying a tax to pay the Bonds, and approving the Continuing Disclosure Certificate for the $8,100,000 General Obligation Bonds, Taxable Series 2017C. Summary Statement: These actions are the next steps in the process to issue the bonds. The actual closing is expected to occur about June 20, 2017. Expenditure Required: In addition to the principal and interest payments on the bonds, one-time acceptance fees of $250 are required for each issue. Annual fees of $500 are required to process the principal and interest payments for each issue for each year that the bonds are outstanding. Page 140 of 247 CITY OF WATERLOO Council Communication Resolution appointing Bankers Trust Company of Des Moines, Iowa, to serve as Paying Agent, Bond Registrar, and Transfer Agent and approve the Paying Agent, Bond Registrar and Transfer Agent agreement in conjunction with the $3,600,000 General Obligation Bonds, Series 2017B, and authorizing the Mayor to execute said agreement. City Council Meeting: 6/5/2017 Prepared: 5/31/2017 REVIEWERS: Department Reviewer Action Date Finance Weidner, Michelle Approved 5/31/2017 - 12:10 PM Clerk Office Even, LeAnn Approved 5/31/2017 - 12:33 PM SUBJECT: Submitted by: Summary Statement: Expenditure Required: Source of Funds: Resolution appointing Bankers Trust Company of Des Moines, Iowa, to serve as Paying Agent, Bond Registrar, and Transfer Agent and approve the Paying Agent, Bond Registrar and Transfer Agent agreement in conjunction with the $3,600,000 General Obligation Bonds, Series 2017B, and authorizing the Mayor to execute said agreement. Submitted By: Michelle Weidner, Chief Financial Officer Bankers Trust will disburse the semi-annual interest and annual principal payments to the bondholders over the term of the bonds. A one-time acceptance fee of $250 is charged. Annual paying agent fees of $500 will be required each year the bonds are outstanding. Fees are paid using the debt service levy. Page 141 of 247 CITY OF WATERLOO Council Communication Resolution appointing Bankers Trust Company of Des Moines, Iowa, to serve as Paying Agent, Bond Registrar, and Transfer Agent and approve the Paying Agent, Bond Registrar and Transfer Agent agreement in conjunction with the $8,100,000 General Obligation Bonds, Series 2017C, and authorizing the the Mayor and City Clerk to execute said agreement. City Council Meeting: 6/5/2017 Prepared: 5/31/2017 REVIEWERS: Department Reviewer Action Date Finance Weidner, Michelle Approved 5/31/2017 - 12:10 PM Clerk Office Even, LeAnn Approved 5/31/2017 - 12:37 PM SUBJECT: Submitted by: Summary Statement: Expenditure Required: Source of Funds: Resolution appointing Bankers Trust Company of Des Moines, Iowa, to serve as Paying Agent, Bond Registrar, and Transfer Agent and approve the Paying Agent, Bond Registrar and Transfer Agent agreement in conjunction with the $8,100,000 General Obligation Bonds, Series 2017C, and authorizing the the Mayor and City Clerk to execute said agreement. Submitted By: Michelle Weidner, Chief Financial Officer Bankers Trust will disburse the semi-annual interest and annual principal payments to the bondholders over the term of the bonds. A one-time acceptance fee of $250 is charged. Annual paying agent fees of $500 will be required each year the bonds are outstanding. Fees are paid using the debt service levy. Page 142 of 247 CITY OF WATERLOO Council Communication Resolution authorizing and providing for the issuance and levying a tax to pay the Bonds, approving the Tax Exemption Certificate and Continuing Disclosure Certificate for the $9,245,000 General Obligation Bonds, Series 2017A. City Council Meeting: 6/5/2017 Prepared: 5/31/2017 REVIEWERS: Department Reviewer Action Date Finance Weidner, Michelle Approved 5/31/2017 - 12:11 PM Clerk Office Even, LeAnn Approved 5/31/2017 - 12:29 PM SUBJECT: Resolution authorizing and providing for the issuance and levying a tax to pay the Bonds, approving the Tax Exemption Certificate and Continuing Disclosure Certificate for the $9,245,000 General Obligation Bonds, Series 2017A. Submitted by: Submitted By: Michelle Weidner, Chief Financial Officer Page 143 of 247 CITY OF WATERLOO Council Communication Resolution authorizing and providing for the issuance and levying a tax to pay the Bonds, and approving the Continuing Disclosure Certificate for the $3,600,000 General Obligation Bonds, Taxable Series 2017B. City Council Meeting: 6/5/2017 Prepared: 5/31/2017 REVIEWERS: Department Reviewer Action Date Finance Weidner, Michelle Approved 5/31/2017 - 12:14 PM Clerk Office Even, LeAnn Approved 5/31/2017 - 12:28 PM SUBJECT: Submitted by: Resolution authorizing and providing for the issuance and levying a tax to pay the Bonds, and approving the Continuing Disclosure Certificate for the $3,600,000 General Obligation Bonds, Taxable Series 2017B. Submitted By: Michelle Weidner, Chief Financial Officer Page 144 of 247 CITY OF WATERLOO Council Communication Resolution authorizing and providing for the issuance and levying a tax to pay the Bonds, and approving the Continuing Disclosure Certificate for the $8,100,000 General Obligation Bonds, Taxable Series 2017C. City Council Meeting: 6/5/2017 Prepared: 5/31/2017 REVIEWERS: Department Reviewer Action Date Finance Weidner, Michelle Approved 5/31/2017 - 12:15 PM Clerk Office Even, LeAnn Approved 5/31/2017 - 12:29 PM SUBJECT: Submitted by: Resolution authorizing and providing for the issuance and levying a tax to pay the Bonds, and approving the Continuing Disclosure Certificate for the $8,100,000 General Obligation Bonds, Taxable Series 2017C. Submitted By: Michelle Weidner, Chief Financial Officer Page 145 of 247 CITY OF WATERLOO Council Communication Resolution approving the Disadvantaged Business Enterprise (DBE) program for the Waterloo Regional Airport for FY -2017 thru FY -2019, and authorizing the Airport Director to sign, process and post all documents on behalf of the Waterloo Regional Airport. City Council Meeting: 6/5/2017 Prepared: 5/23/2017 REVIEWERS: Department Airport Clerk Office Reviewer Kaspari, Keith Even, LeAnn Action Approved Approved ATTACHMENTS: Description ❑ ALO - Waterloo - Front End Pages of DBE Document SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Alternative: Background Information: Legal Descriptions: Type Cover Memo D ate 5/23/2017 - 12:41 PM 5/24/2017 - 11:12 AM Resolution approving the Disadvantaged Business Enterprise (DBE) program for the Waterloo Regional Airport for FY -2017 thru FY -2019, and authorizing the Airport Director to sign and execute all necessary documents. Submitted By: Keith Kaspari, Airport Director Approve the DBE Program for Waterloo Regional Airport for the FY Periods of FY -2017-2018-2019. During this three (3) year period, Waterloo Regional Airport is working towards a goal of 7.33% for Rehabilitation Projects. The City of Waterloo, Iowa, as the Airport Sponsor and recipient of federal funds, requires us to submit a DBE program allowing for a fair and equal opportunities for Woman -owned, Minority-owned, and disadvantaged business to bid on FAA -funded projects and other opportunities at Waterloo Regional Business. Not applicable for this request by Staff. Not applicable for this request by Staff. See Summary Statement above. Not applicable for this request by Staff. S ee Summary S tatement above Not applicable for this request by Staff. Page 146 of 247 1 1 1 1 ACOM Disadvantaged Business Enterprise Program Waterloo Regional Airport Waterloo, Iowa Prepared For. WATERLOO REGIONAL AIRPORT Waterloo Regional Airport 2790 Livingston Lane Waterloo, Iowa 50703 Prepared By: AECOM 500 SW 7e Street, Suite 301 Des Moines, Iowa 50309 AECOM 501 Sycamore Street, Suite 222 Waterloo, Iowa 50703 May 2017 Page 147 of 247 DBE PROGRAM For WATERLOO REGIONAL AIRPORT POLICY STATEMENT Section 26.1, 26.23 Objectives/Policy Statement The Waterloo Regional Airport Board for the City of Waterloo, hereinafter referred to as "Board," has established a Disadvantaged Business Enterprise (DBE) program in accordance with regulations of the U.S. Department of Transportation (DOT), 49 CFR Part 26. The Board has received Federal financial assistance from the Department of Transportation; and as a condition of receiving this assistance, the Board has signed an assurance that it will comply with 49 CFR Part 26. It is the policy of the Board to ensure that DBEs as defined in Part 26, have an equal opportunity to receive and participate in Federal Aviation Administration (FAA) Airport Improvement Program (AIP) assisted contracts. It is also our policy: 1. To ensure nondiscrimination in the award and administration of FAA AIP-assisted contracts; 2. To create a level playing field on which DBEs can compete fairly for FAA AIP-assisted contracts; 3. To ensure that the DBE Program is narrowly tailored in accordance with applicable law; 4. To ensure that only firms that fully meet 49 CFR Part 26 eligibility standards are permitted to participate as DBEs; 5. To help remove barriers to the participation of DBEs in FAA AIP-assisted contracts; 6. To assist the development of firms that can compete successfully in the marketplace outside the DBE Program. The City Contract Compliance Officer has been delegated as the DBE Liaison Officer. In that capacity, the City Contract Compliance Officer is responsible for implementing all aspects of the DBE program. Implementation of the DBE program is accorded the same priority as compliance with all other legal obligations incurred by the City of Waterloo in its financial assistance agreements with the Department of Transportation. The Airport Director has disseminated this policy statement to the members of the Board and all of the components of our organization. We have distributed this statement to DBE and non -DBE business communities that perform work for us on FAA AIP-assisted contracts. The Airport Director will circulate copies of this Policy to the Office of Community Development; to the Mayor's Advisory Committee for Minority, Female, and Disadvantage Business Enterprise; and will post it on the Waterloo Regional Airport website (www.flyalo.com) and the City of Waterloo website (www.ci.waterloo.ia.us/). Airport Director Date DBE Program 1 Waterloo Regional Airport May 2017 Page 148 of 247 SUBPART A — GENERAL REQUIREMENTS Section 26.1 Objectives The objectives are found in the policy statement on the first page of this program. Section 26.3 Applicability The Board is the recipient of Federal airport funds authorized by 49 U.S.C. 47101, et seq. Section 26.5 Definitions The terms used in this program are defined in 49 CFR Section 26.5. The reader is referred to this section of the Federal Regulations for detailed information about their meanings. Section 26.7 Non -Discrimination Requirements The Board will never exclude any person from participation in, deny any person the benefits of, or otherwise discriminate against anyone in connection with the award and performance of any contract covered by 49 CFR Part 26 on the basis of race, color, sex or national origin. In administering its DBE program, the Board will not, directly or through contractual or other arrangements, use criteria or methods of administration that have the effect of defeating or substantially impairing accomplishment of the objectives of the DBE program with respect to individuals of a particular race, color, sex or national origin. Section 26.11 Record -Keeping Requirements Reporting to DOT: 26.11(b) The Board will continue to provide data regarding the DBE program to FAA as follows: We will transmit to FAA annually on December 1 the "Uniform Report of DBE Awards or Commitments and Payments" Form, found in Appendix B to this part. We will also report the DBE contractor form's information either on the FAA DBE contractor's form or other similar format. Bidders List: 26.11(c) The Board will create and maintain a bidders list. The purpose of the list is to provide as accurate data as possible about the universe of DBE and non -DBE contractors and subcontractors who seek to work on FAA -assisted contracts for use in helping to set overall goals. The bidders list will include the name, address, DBE and non -DBE status, ownership of firm and experience of firm. We will collect this information through the bidding process by requiring each bidder to provide a "Bidder's Information Sheet" and a "Synopsis of Experience Record" with their bid. In addition, the contract specifications require that each bidder shall submit "evidence of competency" or Prequalification with Iowa Department of Transportation at the time of bid opening. Evidence of financial responsibility may be requested after the bids and prior to award of contract. The Iowa Department of Transportation (DOT) DBE Directory will be used for data about DBE contractors and subcontractors. DBE Program 2 Waterloo Regional Airport May 2017 Page 149 of 247 Section 26.13 Federal Financial Assistance Agreement The City of Waterloo has signed the following assurances, applicable to all FAA AIP-assisted contracts and their administration: Assurance: 26.13(a) Each financial assistance agreement you sign with an FAA operating administration (or a primary recipient) must include the following assurance: The Board shall not discriminate on the basis of race, color, national origin or sex in the award and performance of any DOT -assisted contract or in the administration of its DBE Program or the requirements of 49 CFR Part 26. The Board shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure nondiscrimination in the award and administration of DOT -assisted contracts. The Board's DBE Program, as required by 49 CFR Part 26 and as approved by DOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation, and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the Board of its failure to carry out its approved program, the Department may impose sanctions as provided for under Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.G. 3801 et seq.). This language will appear in financial assistance agreements with sub -recipients. Contract Assurance: 26.13b The Board will ensure that the following clause is included in each contract we sign with a contractor and each subcontract the prime contractor signs with a subcontractor. The contractor, sub -recipient, or subcontractor shall not discriminate on the basis of race, color, national origin or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT -assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the Board deems appropriate. SUBPART B - ADMINISTRATIVE REQUIREMENTS Section 26.21 DBE Program Updates Since the Board has received a grant for airport planning or development, we will continue to carry out this program until all funds from FAA financial assistance have been expended. We will provide to FAA updates representing significant changes in the program. We will submit an updated goal annually on August 1 if we plan to award contracts exceeding $250,000 in FAA funds in that Federal fiscal year. Section 26.23 Policy Statement The Policy Statement is elaborated on the first page of this DBE program. Section 26.25 DBE Liaison Officer (DBELO) We have designated the following individual as our DBE Liaison Officer: DBE Program 3 Waterloo Regional Airport May 2017 Page 150 of 247 Rudy D. Jones, Director Waterloo Community Development Office 620 Mulberry St, Suite 202 Waterloo, IA 50703 319-291-4429 rud y. jon es@waterloo-ia. orq In that capacity, the DBELO is responsible for implementing all aspects of the DBE program and ensuring that the Board complies with all provisions of 49 CFR Part 26. The DBELO has direct, independent access to the Airport Director concerning DBE program matters. The Airport Director and the Director of Community Development are Department Heads within the City of Waterloo and report to the Mayor and City Council. The DBELO is responsible for developing, implementing and monitoring the DBE program, in coordination with other appropriate officials. The DBELO, with assistance provided by AECOM Technical Services, Inc., consultant to the City of Waterloo, will provide the administration of the program. The duties and responsibilities include the following: 1. Gathers and reports statistical data and other information as required by FAA. 2. Reviews third party contracts and purchase requisitions for compliance with this program. 3. Works with the airport to set overall annual goals. 4. Ensures that bid notices and requests for proposals are available to DBEs in a timely manner. 5. Identifies contracts and procurements so that DBE goals are included in solicitations (both race - neutral methods and contract specific goals) and monitors results. 6. Analyzes Board's progress toward attainment and identifies ways to improve progress. 7. Participates in pre-bid meetings. 8. Advises the Airport Board and City Council on DBE matters and achievement. 9. Work with the Mayor's Advisory Committee for Minority, Female, and Disadvantage Business Enterprise. 10. Determine contractor compliance with good faith efforts. 11. Provide DBEs with information and assistance in preparing bids, obtaining bonding and insurance. 12. Plans and participates in DBE training seminars. 13. Acts as liaison to the Uniform Certification Process in Iowa. 14. Provides outreach to DBEs and community organizations to advise them of opportunities. 15. Provide access to the Iowa DOT certified DBE Directory and the MBEIWBE Contractors — Waterloo Community Development Board. Section 26.27 DBE Financial Institutions It is the policy of the Board to investigate the fullextent of services offered by financial institutions owned and controlled by socially and economically disadvantaged individuals in the community, to make reasonable efforts to use these institutions, and to encourage prime contractors on FAA AIP-assisted contracts to make use of these institutions. To date, no such institutions have been found by the Iowa DOT, although the following institution, which is willing to work with the DBE community, has been identified: West Bank of Des Moines, Iowa Contact Person: Ms. Michele Belden, VP Section 26.29 Prompt Payment Mechanisms The Board will include the following clause in each FAA AIP-assisted prime contract: 1 DBE Program 4 Waterloo Regional Airport May 2017 Page 151 of 247 I The prime contractor agrees to pay each subcontractor under this prime contract for satisfactory performance of its contract no later than seven (7) calendar days from the receipt of each payment the prime contractor receives from City of Waterloo. The prime contractor agrees further to return retainage payments to each subcontractor within seven (7) calendar days after the subcontractors work is satisfactorily completed. Any delay or postponement of payment from the above -referenced timeframe may occur only for good cause following written approval of the City of Waterloo, Iowa. This clause applies to both DBE and non -DBE subcontractors. Section 26.31 Directory The Board utilizes a directory prepared and maintained by the. Iowa DOT supplemented by a directory maintained by Waterloo Community Development Office identifying all firms eligible to participate as DBEs. The directory lists the firm's name, address, phone number, date of the most recent certification, and the type of work the firm has been certified to perform as a DBE. The Iowa DOT directory is updated monthly and is available to the public electronically. The Waterloo Community Development Office maintains a local directory that is updated periodically. The Directories are made available at the following websites:, http://www.iowadotmovicivilrights/dbe program.html http:llwww.ci.waterloo.ia.uslcontractcompliance list The Directories may be found in Attachments 4 and 5 to this program document. Section 26.33 Over -Concentration The Board has not identified that over -concentration exists in the types of work that DBEs perform. Section 26.35 Business Development Programs The Board has not established a business development program. The Waterloo Regional Airport Board will rely on the business development programs as offered by the Iowa DOT and included in the Iowa DOT DBE Program. Section 26.37 Monitoring and Enforcement Mechanisms The Board will take the following monitoring and enforcement mechanisms to ensure compliance with 49 CFR Part 26. If the Board knows of any false, fraudulent or dishonest conduct iri connection with this DBE Program, the Board will take appropriate action consistent with applicable Federal, State and local laws and regulations. Such action could result in referral to the Department of Justice or the U.S. DOT inspector General for possible criminal prosecution, suspension and debarment, or Program fraud and Civil Penalties rules provided in 26.107. Section 26.39 Fostering Small Business Participation The Board is aware that the U.S. Department of Transportation final rule 49 CFR Part 26.39 requires a small business element as part of a Disadvantaged Business Enterprise (DBE) to encourage race- and gender -neutral contracting to small businesses, including DBEs. The Board recognizes the value of increasing the race neutral portion of DBE goals and intends to increase efforts to ensure that small businesses are made aware of contracting opportunities. As part of this program element, the Board has included the following strategies: DBE Program 5 Waterloo Regional Airport May 2017 Page 152 of 247 As an outreach to small firms, requests for proposals will be posted to the Targeted Small Business (TSB) website at the same time as general posting to provide small businesses with notice of potential opportunities. • Work with the Community Development Office to assist in identifying local firms that may be qualified as ESB firms and encourage these firms to become registered with the Iowa DOT Emerging Small Business Program. • Unbundle portions of contracts, where reasonable, to provide opportunities for smaller contracts. 9 Prepare a form to include with bid documents that will require contractors to identify TSB and ESB businesses contacted as potential subcontractors, • Work with the Community Development Office to encourage local ESB and TSB businesses to apply for lowa DOT DBE certification if they meet the qualifications. ▪ The Board will pursue the use of the FAA's dbE-Connect system to post contracting opportunities. The Iowa DBE Program will be used for the certification process and verification procedures for ESB and DBE firms. SUBPART C — GOALS, GOOD FAITH EFFORTS AND COUNTING Section 26.43 Set -Asides or Quotas The Board does not use quotas in any way in the administration of this DBE program. Section 26.45 Overall Goals The Board will annually establish overall goals if it is anticipated that prime contracts will be awarded exceeding $250,000 in FAA funds in a Federal fiscal year in accordance with the 2 -step process as specified in 49 CFR Part 26.45. If the Board does not anticipate awarding more than $250,000 in FAA funds in prime contracts within the Federal fiscal year, the Board will not develop an overall goal; however the existing DBE program will remain in effect and the Board will seek to fulfill the objectives outlined in 49 CFR Part 26.1. The Board will maintain an approved DBE Program and overall DBE goal, if applicable, as well as administer our DBE Program in good faith to be considered to be in compliance with this part. If the Board awards and commitments shown an our Uniform Report of Awards or Commitments and Payments at the end of any fiscal year are less than the overall goal applicable to that fiscal year, we will do the following in order to be regarded by the Department as implementing your DBE Program in good faith : (1) Analyze in detail the reasons for the difference between the overall goal and our awards and commitments in that fiscal year; (2) Establish specific steps and milestones to correct the problems we have identified in our analysis and to enable us to meet fully your goal for the new fiscal year; and Board will retain the analysis and corrective actions developed under paragraphs (c) (1) and (2) of this section for three (3) years and make it available to FAA on request. (3) Section 26.51(d -g) Contract Goals The Board will use contract goals to meet any portion of the overall goal the Board does not project being able to meet using race -neutral means. Contract goals are established so that, over the period to which DBE Program 6 Waterloo Regional Airport May2017 Page 153 of 2 1 r M n ■ ■ ■ 1 • ■ ■ ■ the overall goal applies, they will cumulatively result in meeting any portion of our overall goal that is not projected to be met through the use of race -neutral means. The Board will establish contract goals only on those FAA A1P-assisted contracts that have subcontracting possibilities. The Board need not establish a contract goal on every such contract, and the size of contract goals will be adapted to the circumstances of each such contract (e.g., type and location of work, availability of DBEs to perform the particular type of work). The Board will express the contract goals as a percentage of total amount of aN FAA AIP-assisted contract. Section 26.53 Good Faith Efforts Procedures Demonstration of Good Faith Efforts (26.53(a) & (c)) The obligation of the bidder/offeror is to make good faith efforts. The bidder/offeror can demonstrate that it has done so either by meeting the contract goal or documenting good faith efforts. Examples of good faith efforts are found in Appendix A to Part 26. The DBE Liaison Officer is responsible for determining whether a bidder/offeror who has not met the contract goal has documented sufficient good faith efforts to be regarded as responsive. The Board will ensure that all information is complete and accurate and adequately documents the bidderlofferor's good faith efforts before we commit to the performance of the contract by the bidder/offeror. Information to be Submitted (26.53(b)) The Board treats bidder/offers' compliance with good faith efforts requirements as a matter of responsiveness — all bidders submit DBE information at the time of bid. Each solicitation for which a contract goal has been established will require all bidders/offerors to submit the following information at the time of bid: 1. Certified DBE firm contacted, 2. Date each DBE firm was first contacted concerning quoting on the proposal to be bid. 3. Whether each DBE firm submitted a quote on the proposal to be bid. 4. If the DBE firm is being used as part of the bidder's DBE commitment. 5. If used as part of the bidder's DBE commitment, the work items that the DBE will be used for on the contract. 6. If used as part of the bidder's DBE commitment, the "Quote Amount" which has been committed to each DBE firm which will be used on the contract. 7. If the DBE firm is being used as a supplier (in which case, only 60% of the dollars paid to the DBE Firm will count toward the DBE commitment). 8. The "Net Dollar Commitment" of each DBE firm which will be counted toward the DBE commitment. 9. If the contract goal is not met, evidence of good faith efforts. Administrative Reconsideration (26.53(d)) Within seven (7) business days of being informed by the Board that it is not responsive because it has not documented sufficient good faith efforts, a bidder/offeror may request administrative reconsideration. Bidderslofferors should make this request in writing to the following reconsideration official: Mayor of the City of Waterloo. The reconsideration official will not have played any role in the original determination that the bidder/offeror did not document sufficient good faith efforts. DBE Program 7 Waterloo Regional Airport May 2017 Page 154 of 247 As part of this reconsideration, the bidder/offeror will have the opportunity to provide written documentation or argument concerning the issue of whether it met the goal or made adequate good faith efforts to do so. The bidder/offeror will have the opportunity to meet in person with the reconsideration official to discuss the issue of whether it met the goal or made adequate goad faith efforts to do so. The Board will send the bidder/offeror a written decision on reconsideration, explaining the basis for finding that the bidder did or did not meet the goal or make adequate good faith efforts to do so. The result of the reconsideration process is not administratively appealable to the Department of Transportation. Good Faith Efforts When a DBE is Replaced on a Contract (26.53(f)) The Board will require a contractor to make good faith efforts to replace a DBE that is terminated or has otherwise failed to complete its work on a contract with another certified DBE to the extent needed to meet the contract goal. We will require the prime contractor to notify the DBE Liaison Officer immediately of the DBE's inability or unwillingness to perform and provide reasonable documentation. In this situation, the Board will require the prime contractor to obtain prior approval of the substitute DBE and to provide copies of new or amended subcontracts, or documentation of good faith efforts. If the contractor fails or refuses to comply in the time specified, the Director of Aviation will issue an order stopping all or part of payment/work until satisfactory action has been taken. If the contractor still fails to comply, the contracting officer may issue a termination for default proceeding. The Following Section will be Included in the Proposal of FAA AIP-Assisted Contract Specifications The bidder shall make good faith efforts, as defined in Appendix A of 49 CFR Part 26, Regulations of the Office of the Secretary of Transportation, to subcontract (project goal) percent of the dollar value of the prime contract to small business concerns owned and controlled by socially and economically disadvantaged individuals (DBE). Individuals who are rebuttably presumed to be socially and economically disadvantaged include women, Blacks, Hispanics, Native Americans, Asian -Pacific Americans, and Asian -Indian Americans. The apparent successful competitor will be required to submit information concerning the DBEs that will participate in the contract. The information will include the name and address of each DBE, a description of the work to be performed by each named firm, and the dollar value of the contract. If the bidder fails to achieve the contract goal stated herein, it will be required to provide documentation demonstrating that it made good faith efforts in attempting to do so. In the, event that the apparent successful competitor for this solicitation qualified as a DBE, the contract goal shall be deemed to have been met. A bid that fails to meet these requirements will be considered nonresponsive. The Following Sections will be Included in the Special Provisions of FAA AIP-Assisted Contract Specifications Bidder must demonstrate that they made good faith efforts to achieve participation with DBE firms. This requires that the bidder show that it took all necessary and reasonable steps to secure participation by certified DBE firms. Mere pro forma efforts will not be considered as a good faith effort. Actions constituting evidence of good faith efforts are described in Appendix A to 49 CFR Part 26. Such actions include but are not limited to: • Soliciting DBE participation through all reasonable and available means. This may include public advertisements and phone calls/faxes to known certified DBE firms. • Consult State Department of Transportation office to obtain a list of certified DBE firms. DBE Program a Waterloo Regional Airport May 2017 Page 155 of 247 Selecting portions of work that increases the likelihood that DBE firms will be available to participate. Providing DBE firms with sufficient information and time to review the project plans and specifications. Documenting all contacts with DBE firms. This includes name, address, phone number, date of contact and record of conversation/negotiation. Section 26.55 Counting DBE Participation The Board will count DBE participation toward overall and contract goals as provided in 49 CFR 26.55. The Board will not count the participation of a DBE subcontract toward a contractor's final compliance with its DBE obligations on a contract until the amount being counted has actually been paid to the DBE. SUBPART D ® CERTIFICATION STANDARDS Section 26.61 -- 26.73 Certification Process For FAA AIP-assisted projects, the Board will not determine the eligibility of firms to participate as DBE's, but will rely on the Iowa DOT DBE Directory supplemented by the City of Waterloo Community Development Office Directory. Bath directories will be included in the contract documents for reference. SUBPART E -- CERTIFICATION PROCEDURES Section 26.81 Unified Certification Programs The Iowa DOT has established a unified certification program (UCP) for all government entities receiving US DOT funds in the State of Iowa. With respect to participation as a DBE on US DOT -assisted contracts, the Iowa DOT will make all DBE certification decisions through the UCP on behalf of these entities. The purpose of the UCP is to provide "one-stop shopping" to certification applicants, which means that once they have been certified, their certification will be honored by all other entities in the State that receives US DOT funds. The Board will follow the program established by the lowa DOT. Section 26.83 Procedures for Certification Decisions Re -Certifications 26.83(a) & (c) The Board will rely on the Iowa DOT process. "No Change" Affidavits and Notices of Change (26.83(i)) The Board will rely on the Iowa DOT process. Personal Net Worth, (26.67(b)1 The Board will rely on the Iowa DOT process. Section 26.85 Interstate Certification The Board will rely on the Iowa DOT process. DBE Program 9 Waterloo Regional Airport May 2097 Page 156 of 247 Section 26.86 Denials of Initial Requests for Certification The Board will rely on the Iowa DOT process. Section 26.87 Removal of a DBE's Eligibility The Board will rely on the Iowa DOT process. Section 26.89 Certification Appeals The Board will rely on the lowa DOT process. SUBPART F — COMPLIANCE AND ENFORCEMENT Section 26.109 information, Confidentiality, Cooperation The Board will safeguard from disclosure to third parties information that may reasonably be regarded as confidential business information, consistent with Federal, state and local law. Notwithstanding any contrary provisions of state or local law, we will not release personal financial information submitted in response to the personal net worth requirement to a third party other than FAA without the written consent of the submitter. Monitoring Payments to DBEs The Board will require prime contractors to maintain records and documents of payments to DBEs for three (3) years following the performance of the contract. These records will be made available for inspection upon request by any authorized representative of the Board or FAA. This reporting requirement also extends to any certified DBE subcontractor. We will perform interim audits of contract payments to DBEs. The audit will review payments to DBE subcontractors to ensure that the actual amount paid to DBE subcontractors equals or exceeds the dollar amounts stated in the schedule of DBE participation. ATTACHMENTS Attachment 1 Regulations: 49 CFR Part 26 [include the e -version of the regulations, dated 5/17/2017, found at: https://wwii ecfr.5ov/cai-bin/text- idx?SID=4fi9aeac09d74010aI cb5527fedchc9l circ=true&Cnode =pt49. I. 26&rgn =div5 Attachment 2 Bidder's Information Sheet Attachment 3 Synopsis of Experience Record Attachment 4 Iowa DOT DBE Directory Attachment 5 Certified MBEMIBE Contractors - Waterloo Community Development Board Attachment 6 DBE Goal Methodology for FY -2017/2018/2019 - Waterloo Regional Airport, Waterloo, Iowa Attachment 7 Forms for Demonstration of Good Faith Efforts 178E Program 10 Waterloo Regional Airport May 2017 Page 157 of 24 Attachment 1 REGULATIONS: 49 CFR 26 (Only attach when providing to the public,; the FAA does not require a copy. See Attached. DBE Program 11 Waterloo Regional Airport May2017 Page 158 of 247 CITY OF WATERLOO Council Communication Resolution approving construction plans for storm sewer and sanitary sewer, serving the Irving Square Addition, and Sewage Treatment Agreement, DNR form 28A (Sept 2010), and the final acceptance of construction plans, and authorize Mayor and City Clerk to execute said documents. City Council Meeting: 6/5/2017 Prepared: 3/15/2017 REVIEWERS: Department Reviewer Action Date Engineering Thorson, Eric Approved 5/31/2017 - 11:01 AM Clerk Office Even, LeAnn Approved 5/31/2017 - 12:21 PM SUBJECT: Submitted by: Summary Statement: Resolution approving construction plans for storm sewer and sanitary sewer, serving the Irving Square Addition, and Sewage Treatment Agreement, DNR form 28A (Sept 2010), and the final acceptance of construction plans, and authorize Mayor and City Clerk to execute said documents. Submitted By: Jamie Knutson, PE, Associate Engineer Documents are available for review in the City Clerk's Office. Page 159 of 247 CITY OF WATERLOO Council Communication Resolution approving award of contract to B & B Builders and Supply, of Waterloo, Iowa in the amount of $272,298.52 and approving the bonds and Certificate of Insurance for the FY 2017 Sidewalk Repair Program and Trail Repairs - Zone 7, Contract No. 914; and authorize Mayor and City Clerk to execute said documents. City Council Meeting: 6/5/2017 Prepared: 5/31/2017 REVIEWERS: Department Reviewer Action Date Engineering Thorson, Eric Approved 5/31/2017 - 11:00 AM Clerk Office Even, LeAnn Approved 5/31/2017 - 12:19 PM SUBJECT: Submitted by: Source of Funds: Resolution approving award of contract to B & B Builders and Supply, of Waterloo, Iowa in the amount of $272,298.52 and approving the bonds and Certificate of Insurance for the FY 2017 Sidewalk Repair Program and Trail Repairs - Zone 7, Contract No. 914; and authorize Mayor and City Clerk to execute said documents. Submitted By: Wayne Castle, PLS, PE, Associate Engineer GO Bonds Page 160 of 247 CITY OF WATERLOO Council Communication Resolution approving Supplemental Agreement No. 2 with AECOM Technical Services, Inc. of Waterloo, Iowa, in an amount not to exceed $4,000.00, for additional construction -related services in conjunction with the FY 2017 Bridge Repairs - 6th Street, 18th Street, and Ansborough Avenue, Contract No. 916, and authorize Mayor to execute said document. City Council Meeting: 6/5/2017 Prepared: 5/31/2017 REVIEWERS: Department Reviewer Action Date Engineering Thorson, Eric Approved 5/31/2017 - 11:18 AM Clerk Office Even, LeAnn Approved 5/31/2017 - 12:27 PM ATTACHMENTS: Description Type D Cont 916 SA 2 Cover Memo SUBJECT: Submitted by: Summary Statement: Expenditure Required: Resolution approving Supplemental Agreement No. 2 with AECOM Technical Services, Inc. of Waterloo, Iowa, in an amount not to exceed $4,000.00, for additional construction -related services in conjunction with the FY 2017 Bridge Repairs - 6th Street, 18th Street, and Ansborough Avenue, Contract No. 916, and authorize Mayor to execute said document. Submitted By: Wayne Castle, PLS, PE, Associate Engineer This agreement is for additional construction related services for the repairs to the Park Avenue Bridge as part of the above referenced project. The scope of services will encompass and include services, materials, equipment, personnel and supplies necessary to provide field review, materials testing and contract administration during the construction phase of the project. $4,000.00 Source of Funds: GO Bonds Page 161 of 247 A COM CITY OF WATERLOO AECOM 319-232-6531 tel 501 Sycamore Street 319-232-0271 fax Suite 222 Waterloo, Iowa 50703 www.aecom.com 6TH STREET, 18TH STREET AND ANSBOROUGH BRIDGE REPAIRS CONSTRUCTION -RELATED SERVICES SUPPLEMENTAL AGREEMENT NO. 2 WHEREAS, a Professional Services Agreement was entered into between the City of Waterloo, Iowa (Client), and AECOM Technical Services, Inc. (ATS) of Waterloo, Iowa, dated June 20, 2016, for the final design of repairs to 6th Street, 18th Street and Ansborough Avenue bridges in Waterloo, Iowa; and WHEREAS, the Client and ATS entered into Supplemental Agreement No. 1 on September 26, 2016, for construction -related services for the repairs to 6th Street, 18th Street and Ansborough Avenue bridges; and WHEREAS, the Client and ATS now desire to enter into Supplemental Agreement No. 2 for additional construction -related services for the repairs to the Park Avenue Bridge. NOW THEREFORE, it is mutually agreed to amend the original Professional Services Agreement as follows: Project Description The project consists of expansion joint and sidewalk repairs to Park Avenue Bridge. II. Scope of Services The Scope of Services will encompass and include services, materials, equipment, personnel and supplies necessary to provide field review, materials testing and contract administration during the construction phase for the project defined above. The Scope of Services is further defined as follows: Task 1. Conduct a preconstruction conference attended by representatives of the Contractor, Client, Consultant and affected utilities. Task 2. Coordinate submittals to the Iowa DOT for traffic control on state routes. Task 3. Review shop drawings and other submittals as required of the Contractor by the contract documents for conformance with the design concept of the project and compliance with the information given in the contract documents. Task 4. Answer design interpretation questions from the Client, Contractor, review staff and appropriate agencies. Task 5. Prepare monthly applications for payment based on information provided by field review staff and Contractor and forward to the Client for execution with recommendation for approval and payment. Task 6. Perform construction site visits by design personnel at appropriate stages of construction to review the quality of the work and to determine whether the work conforms to the contract documents. Task 7. Prepare and assist the Client and Contractor in processing contract change orders. Page 162 of 247 AL -COM Page 2 Task 8. Provide periodic field observation during construction to review the work of the Contractor to determine if the work is proceeding in general accordance with the contract documents and that completed work appears to conform to the contract documents. Staffing requirements may be adjusted during the project in relation to the level of construction activity. Task 9. Report to the Client any work believed to be unsatisfactory, faulty or defective or does not conform to the contract documents, and advise the Client of any work that should be corrected or rejected. Task 10. Consider and evaluate Contractor's suggestions for modifications and report them with recommendations to the Client. Task 11. Participate in a review of the project with the Client and review staff near project completion and prepare a list of items to be completed or corrected. Task 12. Participate in a field observation of the completed project with the Client and review staff before a final application for payment is processed for the Contractor. Task 13. Maintain files for correspondence, reports of the job conferences, shop drawings and sample submissions, reproductions of original contract documents including addenda, change orders, field modifications, and additional drawings issued subsequent to the execution of the contract, Engineer clarifications and interpretations of the contract documents, progress reports and other project -related documents. Task 14. Provide the Client with a copy of revised drawings of the construction plans (record drawings) for the project based on the construction observation records of the field review staff and the Contractor showing those changes made during construction considered significant. Task 15. Prepare and assist the Client with the final close-out documentation received from the Contractor. III. Compensation Compensation for the above services will be on an hourly basis in accordance with Part VI of the original agreement. Total compensation is an estimated fee, which shall not exceed Four Thousand Dollars ($4,000.00) and is to be integrated with the fees in Supplemental Agreement No. 1. IV. In all other respects, the obligations of the Client and ATS shall remain as specified in the Professional Services Agreement dated June 20, 2016. Page 163 of 247 AL -COM Page 3 IN WITNESS WHEREOF, the parties hereto have executed this Supplemental Agreement No. 2 as of the dates shown below: CITY OF WATERLOO, IOWA By: Date Quentin Hart Mayor AECOM TECHNICAL SERVICES, INC. By Date May 31, 2017 Douglas W. Schindel, P.E. Associate Vice President O:\Administration\AGREE\SUPPLE\SA2 Wat 6th, 18th and Ansb Bridge Repairs.doc Page 164 of 247 CITY OF WATERLOO Council Communication Resolution approving Supplemental Agreement No. 1 with AECOM Technical Services, Inc. of Waterloo, Iowa, for an amount not to exceed $3,500.00, in conjunction with the FY 2017 Biennial Bridge Review Program, and authorize Mayor to execute said document. City Council Meeting: 6/5/2017 Prepared: 5/31/2017 REVIEWERS: Department Reviewer Action Date Engineering Thorson, Eric Approved 5/31/2017 - 11:17 AM Clerk Office Even, LeAnn Approved 5/31/2017 - 12:24 PM ATTACHMENTS: Description Type D 2017 Biennal Bidge Review_SA 1 Cover Memo SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Background Information: Resolution approving Supplemental Agreement No. 1 with AECOM Technical Services, Inc. of Waterloo, Iowa, for an amount not to exceed $3,500.00, in conjunction with the FY 2017 Biennial Bridge Review Program, and authorize Mayor to execute said document. Submitted By: Wayne Castle, PLS, PE, Associate Engineer • Review of two additional bridge structures: 1. Prairie Crossing Trail Over Black Hawk Creek 2. Prairie Crossing Trail Over Black Hawk Creek $3,500.00 G.O. Bonds - Bridge Inspections Under the FY2017 Biennial Bridge Inspection contract, the consultant will: 1) Inspect the 63 bridges and culverts within the City limits for which Structure Inventory and Appraisal (SI&A) sheets are required. This number includes the two bridges, University Avenue over Black Hawk Creek and University Avenue over abandoned C N W Railroad (Sergeant Road Trail) that the City will acquire from the IDOT with the University Avenue transfer of jurisdiction. 2) Complete an FHWA Level 1 Underwater Bridge Inspection for the Park Avenue over Cedar River bridge using Westbrook Associated Engineers, Inc. as a subcontractor. This inspection is required by the FHWA every four years due to the condition of the bridge piers. Page 165 of 247 3) Update and prepare bridge load ratings, as necessary, for the IDOT's SI&A database. 4) Compile and submit a report of the bridge and culvert conditions, highlighting maintenance concerns and updated load ratings. This report shall be delivered by October 30, 2017. AECOM has been conducting the biennial bridge and culvert inspections for a number of years. AECOM staff is familiar with our structures, have the records for each structure, and have the manpower and expertise to complete the inspections and submit the required reports. Page 166 of 247 AECOM AECOM 319-232-6531 tel 501 Sycamore Street 319-232-0271 fax Suite 222 Waterloo, Iowa 50703 www.aecom.com CITY OF WATERLOO 2017 BIENNIAL BRIDGE REVIEW PROGRAM ADDITIONAL STRUCTURE REVIEW SUPPLEMENTAL AGREEMENT NO. 1 WHEREAS, a Professional Services Agreement was entered into between the City of Waterloo, Iowa (Client), and AECOM Technical Services, Inc. (ATS) of Waterloo, Iowa, dated September 20, 2016, for the 2017 Biennial Bridge Review Program in Waterloo, Iowa; and WHEREAS, the Client and ATS now desire to enter into Supplemental Agreement No. 1 for the review of two additional bridges. NOW THEREFORE, it is mutually agreed to amend the original Professional Services Agreement as follows: Project Description The project consists of the review of two additional bridge structures. • Bridge 1: Prairie Crossing Trail Over Black Hawk Creek • Bridge 2: Prairie Crossing Trail Over Black Hawk Creek The bridges are located approximately 1/4 mile south of Ranchero Road in Section 12, T - 88N, R14W. II. Scope of Services The Scope of Services will encompass and include services, materials, equipment, personnel and supplies necessary to provide field review and summary report for the project defined above. The Scope of Services is further defined as follows: Task 1. Conduct field review for said bridges. Task 2. Prepare condition rating and appraisal for said bridges. Task 3. Prepare summary of said bridges for inclusion in the summary report. Task 4. Prepare copies of rating forms and photographs of said bridges for inclusion in the appendix of the summary report. III. Compensation Compensation for the above services shall be a lump sum fee of Three Thousand Five Hundred Dollars ($3,500.00), which shall be integrated with the fee in the original agreement. IV. In all other respects, the obligations of the Client and ATS shall remain as specified in the Professional Services Agreement dated September 20, 2016. Page 167 of 247 AECOM Page 2 IN WITNESS WHEREOF, the parties hereto have executed this Supplemental Agreement No. 1 as of the dates shown below: CITY OF WATERLOO, IOWA By: Date Quentin Hart Mayor AECOM TECHNICAL SERVICES, INC. By Date May 31, 2017 Douglas W. Schindel, P.E. Associate Vice President O:\Administration\AGREE\SUPPLE\SA1 2017 Biennial Bridge Review.doc Page 168 of 247 CITY OF WATERLOO Council Communication Resolution approving contract with Vandewalle & Associates for continued work on downtown Waterloo planning efforts, redevelopment design, riverfront development, and funding opportunities, in the amount of $72,000, and authorize the Mayor and City Clerk to execute necessary documents. City Council Meeting: 6/5/2017 Prepared: 5/31/2017 REVIEWERS: Department Planning & Zoning Clerk Office ATTACHMENTS: Description D Vandewalle Scope SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Alternative: Background Information: Reviewer Schroeder, Aric Even, LeAnn Action Approved Approved Type Cover Memo D ate 5/31/2017 - 10:38 AM 5/31/2017 - 12:17 PM Resolution approving contract with Vandewalle & Associates for continued work on downtown Waterloo planning efforts, redevelopment design, riverfront development, and funding opportunities, in the amount of $72,000, and authorize the Mayor and City Clerk to execute necessary documents. Submitted By: Noel Anderson, Community Planning & Development Director Approve resolution as requested The City of Waterloo has been working with Vandewalle & Associates for many years for downtown development. With a plethora of activities and projects underway, we feel it is appropriate to continue this relationship to bring forth new development, proper design and planning, to continue to improve Downtown Waterloo. $72,000 Bond and TIF funds Downtown Redevelopment, and in accordance with Goals 1, 3, and 4 in the City of Waterloo Strategic Plan. NA The City of Waterloo began its relationship with Vandewalle & Associates at the beginning of the Riverfront Renaissance. Since then, the City has seen a number of new projects appear and be completed -- with more to come -- in Downton Waterloo. The TechWorks Campus, the Sportsplex, the Grand Page 169 of 247 Crossing, the Masonic Temple, the Upper Plaza Housing, the riverfront housing, numerous upper story renovations, etc. have all been in accordance with the Downtown Master Plan. Legal Descriptions: NA Page 170 of 247 VANDEWALLE & ASSOCIATES INC. To: Noel Anderson, Community Planning & Development Director From: Brian Vandewalle, CEO/Owner, Vandewalle & Associates Marta Purdy, Senior Associate, Vandewalle & Associates Date: Monday, May 08, 2017 Re: Proposed Scope of Work for City of Waterloo, FY2018 WORK ELEMENT 1: DOWNTOWN MASTER PLAN IMPLEMENTATION Work with the City to expand and implement the detailed development plan for downtown Waterloo, to include the following: a. Continue to development and implement the downtown Master Plan, including both priority projects and new redevelopment sites on the east side b. Assist in creating an overlay zoning district that incorporates design standards for the Downtown Master Plan area, including redevelopment sites and renovation of existing properties c. Assist with financing strategies that promote economic development, such as tax increment financing d. Assist the City in implementation of downtown housing, including Arts Mall Mixed -Use development, proposed residential between Single Speed and the SportsPlex, and redevelopment of 302 Commercial e. Coordinate with the City on east side neighborhood implementation, such as the Walnut neighborhood and Highway 63 corridor f. Continue to develop streetscape, wayfinding, and signage recommendations g. Advise the City about coordination of downtown marketing effort h. Assist the City in implementing the projects in the Waterloo Reinvestment District 120 East Lakeside Street • Madison, Wisconsin 53715 • 608.255.3988 • 608.255.0814 Fax 247 Freshwater Way, Suite 530 • Milwaukee, Wisconsin 53204 • 414.988.8631 www.vandewalle.com Shaping places, shaping change Page 171 of 247 i. Coordinate with the City on East 4th Street Development j. Coordinate with the City on a possible SSMID k. Assist the City in coordinating the TechWorks development to be functionally integrated into the current perception of downtown, and partnered into adjacent and related development through regular calls, DBMT meetings, and review of materials 1. Assist the City in downtown programming, utilizing expertise and activities of Leisure Services, Main Street Waterloo, and the Waterloo Center for the Arts to leverage downtown venues with Downtown Master Plan m. Assist the City on planning for improvements to the Waterloo Regional Airport n. Provide general assistance to the City as requested WORK ELEMENT 2: COORDINATION FOR PMT/DBMT PROCESS With the assistance of City staff, manage and coordinate the Project Management Team, to include the following: a. Identify priority focus areas and set related meeting agendas b. Facilitate Project Management Team and project -specific Design -Build Management Team meetings on a monthly basis or as needed c. Facilitate the Design Build Management Team process, including providing agendas, guidance, and recommendations on design review elements WORK ELEMENT 3: SUPERBLOCK REDEVELOPMENT With the assistance of City staff, coordinate the redevelopment of the properties in the Superblock. (Note: Superblock is a four -block area around the Convention Center, including the Ramada hotel, parking structure, Courier building, and Cedar River Plaza building) to include the following: a. Advise on use, density, and programming for Courier Block and adjacent buildings and sites, including both existing and future catalytic redevelopment sites b. Advise on priorities for phased development of Superblock properties c. Assist developer and others in coordinating site planning and architect's design review on Courier Block or other adjacent proposed development d. Advise on Ramada/Convention Center redevelopment, as directed by the City e. Advise on redevelopment opportunities for the Cedar River Plaza building, including appearance improvements, river access options, and suggestions for tenant mix 05/08/17 Page 2 of 4 Page 172 of 247 f. Develop and track funding sources WORK ELEMENT 4: CEDAR RIVER INFRASTRUCTURE PROJECTS AND PROGRAMMING Work with the City to activate the downtown plan for the Cedar River including: a. Work with the City and the Waterloo Development Corporation to identify an operator and operating plan for the Marina b. Develop programming for downtown transient boat docking c. Provide advice on kayak course, fishing derbies, flatwater paddling, and other recreational programming opportunities d. Develop and maintain implementation strategy and operating plan, including project roles and responsibilities as the Cedar River project is implemented e. Identify and track funding opportunities applicable to the project f. Coordinate with the Cedar River programming committee as it relates to the scope of the Waterloo Downtown Master Plan area g. Continue to refine RiverLoop infrastructure plan and associated funding strategy, and assist in related marketing initiative WORK ELEMENT 5: PUBLIC MARKET OPERATIONS COORDINATION As directed by the client, assist the City in coordination of Public Market project including: a. Assist the City on business model, lease, and operating agreements b. Assist the City on market layout and marketing/promotions strategy WORK ELEMENT 6: FUNDING PROCUREMENT AND TRACKING At the direction of City staff, provide assistance in developing a funding strategy to include the following: a. Develop and track sources of and deadlines for federal, state, and local funding opportunities b. Position projects by developing white papers and communication strategies to help recruit funding sources c. Track the Transportation Investment Generating Economic Recovery (TIGER) federal grant program, particularly as related to the City's University Avenue project. WORK ELEMENT 7: REDEVELOPMENT IMPLEMENTATION OF PRIORITY PROJECTS As additional priority projects are identified during the contract period, assist the City with general project management to include the following: a. Project concept design and refinement b. Participate in property owner negotiations and relocation strategies 05/08/17 Page 3 of 4 Page 173 of 247 c. Participate in developer recruitment and negotiations d. Assist in financing strategy development e. Assist in design and development review 05/08/17 Page 4 of 4 Page 174 of 247 CITY OF WATERLOO Council Communication Resolution approving Amendment to Development Agreement with Deer Creek and City of Waterloo, approved September 26, 2016, for the repayment of infrastructure funds in Greenbelt Center to change Section 4 from 180 days to 360 days, and authorize the Mayor and City Clerk to sign and fully execute all necessary documents. City Council Meeting: 6/5/2017 Prepared: 5/31/2017 REVIEWERS: Department Planning & Zoning Clerk Office Reviewer Schroeder, Aric Even, LeAnn ATTACHMENTS: Description D Deeer Creek Amend 2017 SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Alternative: Background Information: Action Approved Approved Type Cover Memo D ate 5/31/2017 - 1:00 PM 5/31/2017 - 1:16 PM Resolution approving Amendment to Development Agreement with Deer Creek and City of Waterloo, approved September 26, 2016, for the repayment of infrastructure funds in Greenbelt Center to change Section 4 from 180 days to 360 days, and authorize the Mayor and City Clerk to sign and fully execute all necessary documents. Submitted By: Noel Anderson, Community Planning & Development Director Approve Resolution as requested The City has entered into partnership with Deer Creek for the provision of infrastructure in the Greenbelt Centre Business Park. This amendment will allow proper time for legal documents to be finalized No new NA Economic Development - Goals 1, 3, and 4 in the City of Waterloo Strategic Plan. NA The City has entered into agreement to have Deer Creek provide infrastructure and lots for development. The City reimburses the infrastructure costs. The City needs more time to take all legal actions for the agreement. Page 175 of 247 Legal Descriptions: NA Page 176 of 247 1 1 IIV / \I 1 IVI 1,111 IVI 11 IA., ✓V V VIVr. I 1 IVI Il / \l.�1 VVI I IVI 11 \U IV / \I1 IVI 1,111 IVI 11 / IV VI ILVI Vu 11 ILV as of June , 2017, by and between the City of Waterloo, Iowa ("City") and Deer Creek Development, LLC ("Company"). RECITALS A. Company and City are parties to a certain Development Agreement entered into as of September 26, 2016 (the "Agreement"), which was filed December 22, 2016 as Doc. No. 2017-11661. B. The parties desire to amend the Agreement as set forth herein. NOW, THEREFORE, in consideration of the mutual promises set forth herein, the parties hereby agree as follows: 1. Section 4 of the Agreement is hereby amended to strike "180 days" therefrom and to substitute "360 days" in lieu thereof. 2. Except as modified herein, the Agreement shall continue in full force and effect. The Agreement and this Amendment shall inure to the benefit of and be binding upon the parties and their respective successors and assigns. IN WITNESS WHEREOF, the parties have executed this Amendment to Development Agreement by their duly authorized representatives as of the date first set forth above. Deer Creek Development, LLC City of Waterloo, Iowa By: By: Harold L. Youngblut, Manager Quentin M. Hart, Mayor By: Kelley Felchle, City Clerk CITY OF WATERLOO Council Communication Enacting a new Title 5, Police Regulations, Chapter 4 Convenience Store Security. City Council Meeting: 6/5/2017 Prepared: 5/17/2017 REVIEWERS: Department Reviewer Action Date Police Department Trelka, Daniel Approved 5/1/2017 - 5:47 PM Clerk Office Even, LeAnn Approved 5/3/2017 - 9:31 AM ATTACHMENTS: Description Type D Security Surveillance Ordinance Cover Memo SUBJECT: Submitted by: Recommended Action: Motion to receive, file, consider and pass for the third time and adopt an ordinance amending the 2007 City of Waterloo Code of Ordinances, by repealing Title 5, Police Regulations, Chapter 4 Convenience Store Security and enacting in lieu thereof a new Title 5, Police Regulations, Chapter 4 Convenience S tore Security. Submitted By: Dan Trelka, Chief of Police Approve as amended. Council approved adding the following language at the 5/15/2017 Regular Session Meeting: 5-4-2(1)(o) "Principal City Vertical Infrastructure" means all principal city facilities that the public frequently visits. Page 178 of 247 Prepared by LeAnn M. Even, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. ORDINANCE NO. 540 AN ORDINANCE AMENDING THE 2007 CITY OF WATERLOO CODE OF ORDINANCES, BY REPEALING TITLE 5, POLICE REGULATIONS, CHAPTER 4 CONVENIENCE STORE SECURITY AND ENACTING IN LIEU THEREOF A NEW TITLE 5, POLICE REGULATIONS, CHAPTER 4 CONVENIENCE STORE SECURITY. BE IT ORDAINED by the City Council of the City of Waterloo, Iowa: That the 2007 City of Waterloo Code of Ordinances be amended by repealing Title 5, Police Regulations, Chapter 4, Convenience Store Security and enacting in lieu thereof a new Title 5, Police Regulations, Chapter 4, Convenience Store Security as follows: 5-4-1: Purpose: This chapter is enacted to reduce criminal activities where employees of certain businesses are exposed to the actions of people with criminal intent. The businesses subjected to this ordinance have certain characteristics which may tend to increase the potential risk of criminal activity at the business. It is also intended to aid law enforcement during the investigation of crimes that may occur at certain businesses. 5-4-2: Definitions: The definitions and provisions contained in this section shall govern the construction, meaning, and application of the following words and phrases used in this Chapter. 1. "Business Establishments" or "Establishments" means those establishments listed and defined in this subsection as follows: a. "Bank or Credit Union" means an establishment whose primary function is related to the custody, loan, exchange, issuance of money, extension of credit, or transmission of funds. b. "Carry Out — Food and Drink" means an establishment (i.e.: fast food restaurants) whose principal business is the sale of food and beverages in disposable containers in a ready -to -consume state for consumption either within the building or for carry -out with consumption off the premises, whose cash register is visible to the public view. c. "Coin Dealer" means any business that buys and sells coins, gold or any other "precious metals," as that term is defined by Chapter 502A.1 of the Iowa Code. d. "Convenience Store" means any business which sells at retail both gasoline and more than 20 "consumer products," as that term is defined by15 USCS § 2052 (5) [Title 15. Commerce and Trade; Chapter 47. Consumer Product Safety] e. "Delayed Deposit Services Business" means a person who for a fee does either of the following: period of time prior to deposit or presentment pursuant to an agreement with, or any representation made to, the maker of the check, whether express or implied. f. "Firearm Dealer" means an establishment required to obtain a Federal Firearms License to sell firearms. g. "Liquor or Alcohol Business" means any retailer required to obtain a permit issued by the State of Iowa, Alcoholic Beverages Division of the Department of Commerce, which authorizes the sale of beer, wine, or distilled spirits to be consumed off the premises where sold. h. "Media" means material conforming to the Minimum Technical Standards of this Chapter on which audio, video, and electronic data can all be recorded for the purpose of making a permanent record. J. "Mobile Communications Retailer" means a business that is engaged in the sale of cellular or mobile communication devices and services, but does not include kiosk stores located in a shopping mall or other business for which the sale of cellular devices or services is only incidental. "Money Transmission Service" means a business required to obtain a license issued by the State of Iowa, pursuant to the Iowa Code Chapter 533C, or any applicable successor statutes, to operate a money transmission service. k. "Pawn Broker" means a business required to obtain a license issued by the City of Waterloo, pursuant to Title 3, Chapter 4A of the Waterloo Municipal Code. 1. "Pharmacy" means a location where prescription drugs are compounded, dispensed, or sold by a pharmacist and where prescription drug orders are received or processed in accordance with the pharmacy laws as defined by Chapter 155A.3 of the Iowa Code. m. "Scrap metal dealer" means any person operating a business at a fixed or mobile location that is engaged in one of the following activities: i. Buying, selling, procuring, collecting, gathering, soliciting, or dealing in scrap metal. ii. Operating, managing, or maintaining a scrap metal yard. n. "Second Hand Goods Dealer" means any business required to obtain a license issued by the City of Waterloo, pursuant to Title 3, Chapter 4B of the Waterloo Municipal Code. o. "Principal City Vertical Infrastructure" means all principal city facilities that the public frequently visits. 2. "Video Surveillance System" (or VSS) means a continuous digital surveillance system including cameras, cabling, monitors, and digital video recorders (DVR) which meet the minimum standards set forth in a Resolution passed by the City Council in accordance with this Chapter. 5-4-3: Requirements of the Video Surveillance Systems Every Business Establishment, as defined in this Chapter, is hereby required to install a Video full compliance with this chapter. 1. All Video Surveillance Systems shall: a. be maintained in proper working order at all times; and b. be kept in continuous operation 24 hours a day, 7 days a week; and c. shall be recorded at a sufficient rate of images per second so that, when played back in real time, there is no motion loss detectable to the human eye, and d. meet the minimum technological standards established by resolution of the City Council; and e. At least one employee of the business shall know how to operate the system, including the ability to download video to a digital media storage device, and be able to respond to the business on short notice if needed, if at all possible, and f. Upon being requested to download video at the request of the Police Department, the business shall also download the video player for their system; and g. Businesses affected by this ordinance are not required to monitor or review any of the video footage that their system captures. 2. Any business establishment that is required to install surveillance systems under this ordinance, which has purchased a system within the last year, shall: a. Not be required to meet minimum technology standards, until three years after this ordinance is enacted. b. Must have written documentation showing date of installation and/or purchase of current system. 5-4-4: Minimum Technology Standards Minimum Technological Standards required for Video Surveillance Systems shall be established by resolution of the City Council, which may be updated periodically. The Police Department shall review the Minimum Technical Standards every five years to ensure they are consistent with current technology, and shall recommend appropriate updates to the Council. 5-4-5: Camera Placement The Video Surveillance System shall have no less than one camera dedicated to each of the following: 1. An interior camera that captures all persons entering or exiting the business through doors that are left unsecured at any time, 2. One exterior camera that captures the majority of the parking area meant for customers for the business. This camera can be mounted with one view, or a camera that can be programmed to follow a pattern showing a roaming area of the parking lot. 3. Cash registers and/or check stands may be covered by one camera, so long as they are within 15 feet of one another. 4. All cameras shall be installed in areas where products or advertisements will not block C. 1l1 PI iAT 1l PA1lln P11 int, llR n1ljI IAN n -v -lR iY1 P 1111011'1 PC�C� 5-4-6: Inspections The Video Surveillance System shall be subject to random inspections by the Chief of Police or his/her designee who are authorized to inspect any such System at reasonable times to determine whether it conforms to this chapter and any regulations and standards adopted by City Council resolution pursuant hereto. If the Video Surveillance System does not so conform, the Establishment in question shall take immediate steps to bring the system back into compliance therewith. There is not a fee associated with any surveillance system inspection. 1. The Waterloo Police Department shall work with the businesses affected by this ordinance, when requested, to ensure that this ordinance is being followed correctly. 5-4-7: Enforcement; civil penalties: 1. Establishments subject to the mandatory requirements of this chapter shall have eighteen (18) months from the effective date of this ordinance to comply with the regulations set forth in this Chapter. 2. The Chief of Police or designee is authorized to investigate all alleged violations of this Chapter. Violation of any provision of this Chapter by any owner or principal operator of an Establishment shall result in a notice of violation from the Chief of Police or designee to said Establishment at the address provided by the Establishment at the time a Video Surveillance System, is approved pursuant to this Chapter. 3. The Chief of Police or designee shall take into account that mechanical failures or power failures, which the business may have no control over, shall be considered prior to any citations being issued to a business that may be out of compliance. 4. Violators shall have thirty (30) days after receipt, via certified mail or personal service, of the notice of the violation to provide the Police Department proof that the violation has been corrected. If the violation continues after the thirty (30) day period, the Chief of Police or designee shall issue a citation against the violator and, subject in any event to the appeal process afforded under this chapter, the violator shall be guilty of a municipal infraction and upon conviction thereof shall be punished in accordance with subsection 1- 3-2C of this code, in addition to any other appropriate alternative relief ordering the defendant to abate or correct the violation, which shall include, but not limited to, injunctive relief. 5. For purposes of this chapter, each day that a violation continues shall be a separate violation. 5-4-8: Exemptions: A business which is otherwise required to install a video surveillance system may apply, on an annual basis, to the Chief of Police or his/her designee for exemption from the provisions of this chapter. The Chief of Police or his/her designee may exempt a business for a period of twelve months if he/she finds that the business has or will undertake alternative security procedures which are substantially equal to or more effective in preventing criminal activity and in assisting in the apprehension of the perpetrators of crime or for the protection of employees. In addition, the Chief of Police or his/her designee may authorize alternate procedures on an experimental basis. Such an exemption shall carry a maximum duration of twelve months, and a business must either reapply for an exemption at the end of the exemption period or obtain the City' s approval of a Video Surveillance System no later than 30 days prior to the end of the exemption period. The Chief of Police or his/her designee may also authorize temporary extensions of time for installation when an Establishment demonstrates to the satisfaction of the City that it is temporarily unable to comply for good cause shown. 2. Any outdoor event approved by the City Council is exempt from this ordinance. SECTION 2. Severability of Provisions. It is the intention of the Council that each section, paragraph, sentence, clause, and provision of the Ordinance is severable, and, if any provision is held unconstitutional or invalid for any reason, such decision shall not affect the remainder of this Ordinance nor any part thereof other than that affected by such decision. SECTION 3. All ordinances or parts of ordinances in conflict with any provision of this Ordinance are, hereby repealed. INTRODUCED: May 15, 2017 PASSED 1st CONSIDERATION: May 15, 2017 PASSED 2nd CONSIDERATION: May 22, 2017 PASSED 3rd CONSIDERATION: June 5, 2017 PASSED AND ADOPTED this 5th day of June 2017. Quentin Hart, Mayor ATTEST: Kelley Felchle City Clerk June 5, 2017 Honorable Mayor and City Council Members: Due to a prior commitment, it is unlikely that I will be able to attend the council meeting tonight, so I wanted to share some final thoughts before you vote on the third reading of the proposed surveillance ordinance. Hopefully, you will have a chance to read this before the meeting. 1 appreciate Councilman Powers asking Lt. Fangman at the last meeting why my business is the only one out of the four in my strip mall to be singled out by the ordinance, because I'm pretty sure that at least two of the other establishments do a greater volume of business than I do, and it would seem that greater volume would have more to do with the likelihood of crime than the type of food served. That seems to be a somewhat arbitrary distinction. And why aren't bars required to have cameras in their parking lots? Based on newspaper stories and scanner calls that I'm aware of, it seems like a lot of crimes have taken place outside of bars. And let me remind you again that—to the best of my knowledge --there has never been a robbery in my strip mall in the almost 21% years that I have owned my business. Mr. Powers also stated that what he has heard are complaints about government overreach and not about the expense of complying with the ordinance. I disagree. While I do think government overreach is a concern in this case, I believe that I have mentioned the expense (almost $3,000 for me to have a "budget" system installed) at every meeting, as well as to every councilman to whom I have spoken about this individually. And I think most—if not all—of the other business owners who have spoken out against the ordinance have also brought up the cost. In addition to the cost of the equipment and installation is the possibility of greater liability on the part of the business owners, and costs that could arise from that. Don, from the University Avenue Dairy Queen, brought up a good point when he said he didn't want to work for the chief. I hadn't really considered that before, but I thought about his comment and he is right. We business owners who are covered by this ordinance will basically be conscripted into the service of the police department --not only without pay, but even having to pay out of our own pocket for the equipment and installation. We are being used at our expense by the police department to provide more "eyes" throughout the city, not to mention the time and inconvenience involved, having to maintain the system and being at the beck and call of the police department whenever they want to see some video. I have no problem helping the police department do its job, but I want to do it voluntary, not have it dictated to me. As I mentioned at the last meeting, my cash on premises is decreasing month by month. I'm sure the same is true for other businesses. Since it was stated that was the primary factor for determining whether businesses would be included or not (e.g., the exclusion of the hotels), then I think this ordinance is not needed. Technology is a big part of this ordinance, yet the technological realty that we are going more and more to a cashless society is being ignored. And one question that I don't think was ever answered is: How many unsolved crimes in the past year or two would have likely been solved if this ordinance was in effect? Since the vast majority (if not all) of businesses that will be covered under this ordinance already have some form of surveillance system, my guess is that very few additional crimes would have been solved. And what is the aggregate cost of all the covered businesses having to comply? My guess is the cost will be great, while the benefits will be few. Unless something has changed since the last meeting, I think we all know which direction the vote is likely to go tonight, but I do thank the three council members who are standing up for the little guy—for the small business owner. Going forward, I promise to do my best to keep you informed, reporting back at future council meetings about my expense --as well as any other negative impact caused by this ordinance, as I think it is important for lawmakers to be aware of the impact of the laws they enact. I will also be checking on the progress the city is making in complying with the requirements of the ordinance itself. Sincerely, Al Manning, Owner Sub City 3045 Kimball Ave. Waterloo, IA 50702 CITY OF WATERLOO Council Communication Airport Board Meeting Minutes, April 25, 2017. City Council Meeting: 6/5/2017 Prepared: 5/24/2017 REVIEWERS: Department Reviewer Action Date Airport Kaspari, Keith Approved 5/24/2017 - 6:01 PM Clerk Office Higby, Nancy Approved 5/25/2017 - 9:32 AM ATTACHMENTS: Description Type D Airport Board Meeting Minutes, April 25, 2017 Cover Memo SUBJECT: Airport Board Meeting Minutes, April 25, 2017. Submitted by: Submitted By:Keith Kaspari, Director of Aviation Page 184 of 247 MINUTES WATERLOO REGIONAL AIRPORT BOARD Tuesday, April 25, 2017 ROLL CALL Chairperson, Ilugh Field, called the meeting to order at 12:00 p.m. Board Members Present: Hugh Field, Bob Justis, Dee Vandeventer, Arlene Humble and Aaron Buzza. Board Members Absent: Chris Harshbarger and Steve Dust. City Officials Present: Councilman Tom Lind and Councilman Steve Schmitt. Airport Staff Present: Keith Kaspari, Airport Director and Sheila Combs, Airport Bookkeeper. Other Attendees: Doug Schindel and David Hughes, AECOM; Warren Brecheisen, Joel Harris and David Deeds. 11. AGENDA AS RECEIVED OR AMENDED Field asked for corrections or additions to the agenda, hearing none. III. PUBLIC COMMENTS Warren Brecheisen spoke about the Young Eagle Flight Rally being put on by EAA this afternoon for Waterloo West High. ROTC members. They will have a ground school, flight and a pizza party. They expect 25 — 30 attendees. Buzza moved that comments be received and placed on file_ Seconded by Justis. Ayes: 4. Motion carried. IV. REPORTS A. Director's Report: Kaspari asked for questions on his written report. Field asked about the fann lease item, Kaspari stated that was coming up on the agenda for the Board to approve. Field asked about meeting with Tim Strauss and Joel Heilman. Kaspari explained the study Heilman is working on for his thesis and that he will be completing a survey of license plates in the Airport parking lot. B. Planning & Development Report: Board reviewed Planning and Grant report. Kaspari stated the AECOM is finishing the IDOT FYJ 8 CSVI Grant Application; the Pavement Management Plan is 90% complete, would like them to report findings to Board at an upcoming meeting. Federal A1_F construction work should be bid in May with work to begin afterthe July 4th holiday. Vandeventer questioned why the design process for i-Iangar 5 is taking so long. Board took action in January to make the necessary gutter/roof repairs a priority but four months later the design work isn't finished. 1 Page 185 of 247 Schindel stated that the work could be separated between gutters and roof, allowing gutter work to be bid sooner, but they have been working on the total rehabilitation design since one contractor could complete both the gutter and roof phases, making it more efficient to do both at once. AECOM will try to fast-track this work and put it out for bid as soon as possible. C. Legislative Updates: Kaspari stated that challenges loom, as both federal and state governments consider budget cuts. Discussed the possibility of the elimination of the Essential .Air Service program, as well as possible cuts to the FY18 1DOT CSVI funding_ Board also discussed possible increases to Passenger Facility Charges. D. Monthly Airport Reports: Board reviewed and discussed the monthly budget, enplanements, airline stats, on-time and airfare reports. Year to date stats show almost 9% of flights have been canceled, 4% delayed. Kaspari discussed challenges since Sky West took over for Envoy, resulting in numerous delays due to mechanical issues since the transition to the CRJ-200 aircraft began on April 4th. Kaspari stated he sent a strongly -worded email to officials at American Airlines regarding Waterloo's expectations for receiving better service then what we as a community have been receiving. V. BOARD APPROVAL A. Approval of Minutes of March 7, 2017 Regular Meeting. Minutes of the March 7, 2017 meeting were reviewed. Buzza rn.oved approval of the minutes, seconded by Justis. Ayes: 4. Motion carried_ B. Motion to Receive and File March 2017 Expenses. All operating and capital expenses were reviewed. Moved by Vandeventer, seconded by Buzza, that expenses be received and placed on file. Ayes: 4. Motion carried_ C. Approval of CY-2017 Faun Agreement with Dennis Miller. Board reviewed the amended farm agreement with discussion centering on a paragraph regarding farmer paying a supplemental lease amount, in addition to the minimum per acre rate, if yields are better than expected. Field requested that Kaspari quantify the supplemental amount as either a percent or additional dollar amount per acre, and at what yield it would be owed. No further action will be taken on farm agreement until this language is cleaned up. D. Approval of T -Hangar Lease with. Todd Loes. Board reviewed a T -Hangar lease agreement. Vandeventer questioned whether the lease includes an insurance requirement clause as had been previously discussed by the Board. Kaspari stated that he hadn't been directed by the Board to revise the T -Hangar lease, only that insurance requirements had been discussed. Vandeventer moved that insurance requirements for T --Hangar tenants be added to next month's agenda. Seconded by Justis. Ayes: 4. Motion carried. Vandeventer moved that the current month-to-month lease with Todd Loes be approved. Seconded by Justis. Ayes: 4. Motion carried. 2 Page 186 of 247 VL OLD BUSINESS A. Chicago Air Service Workshop and Meeting. Kaspari stated the group that went to Chicago had a good meeting with officials at United Airlines. Kaspari expects that United they will bid to serve Waterloo at the next EAS bid opportunity. This could result in the same thing that happened in Sioux City during their last EAS bid opportunity, when United placed a bid that was significantly lower than American but American carne back and said they would serve SUX with no subsidy. Field stated he hoped that might happen here, also that the meeting went very well. B. Update of 1DOT Commercial Service Vertical infrastructure Funding via the Governor's Proposed FY - 2018 Budget and Grant Application. Hughes explained the different proposals for Hangar 5 Rehabilitation, based on possible funding levels, as well as how much of the rehab is completed using the FY17 funds and remaining FY16 funds. Board consensus was to use as much as needed to repair the roof as a first priority, including replacing the rain gutters and coating the roof, then the lighting upgrades and, HVAC upgrades, if funds remain; leaving GA Terminal windows as the lowest priority to likely be pushed to a future year. C. Approval of Overtime Fees for Aircraft Fire Sp rport for Commercial and Charter Aircraft. Kaspari reviewed a report showing 2017 YTD overtime costs due to late commercial and charter flights, stating that he would like to pass this cost on to the aircraft operators. Buzzamoved that starting July 1, 2017, an overtime fee be implemented to charge the aircraft operators for overtime incurred due to late flights and after-hours charters. Seconded by Justis. Ayes: 4. Motion carried. D. Board Review of Historical Parking Revenue — 2010 thru First Quarter 2017. Board reviewed informationon report, parking revenue is slightly higher than First Quarter 2016, even. though enplanements were down. VII. NEW BUSINESS A. FY -2018 Budget Proposal Regarding Termination of the USDOT's Essential Air Service Program.. Kaspari stated that the Essential Air Service program is one of the possible budget cuts being proposed in the FY -2018 federal budget. Discussion followed. B. Discussion and Staff Recommendation of Increasing the Lost Ticket Pay Rate for Airport Parking Lot User. Kaspari stated that some Airport users have apparently figured out a way to pay a lower rate for parking after using the lot for more than one week. Staff has noticed cases of patrons canceling the transaction when their parking fee is higher than the lost ticket fee ($35) and then pressing Lost Ticket to pay $35. Kaspari would like to raise the Lost Ticket fee amount to $50. Discussion followed. No action by Board. 3 Page 187 of 247 C. Waterloo to Serve as Future Host of the Iowa Public Airport Association Spring Conference. Kaspari stated that Des Moines is the tentative host of the 2018 IPAA Spring Conference; Sioux City is scheduled for 2019. Kaspari provided comment that he would like to host the 2020 Conference in Waterloo. Buzza asked what the likely cost of hosting would be. Kaspari stated possibly $10,000. Buzza stated he would work with Kaspari to try to secure a grant to cover the cost. Vandeventer moved that ALO submit a bid to host the 2020 1PAA Spring Conference. Seconded by Justis. Ayes: 3 (Buzza abstained to avoid any possible conflict of interest due to his position). Motion carried. D. Cedar Valley Coalition - General Discussion of Draft Aviation White Paper. Kaspari referenced Draft copy of Aviation Transportation White Paper for the upcoming Cedar Valley Coalition trip to Washington, DC, June 12-14. Kaspari asked Board members to review the White Paper and provide comments should they have any questions. VIII. STAFF AND BOARD MEMBER COMMENT None. IX. ADJOURNMENT Moved by Vandeventer, seconded by Humble, that the meeting be adjourned at 1.40. Ayes: 4. Motion carried. Respectfully submitted, Hugh T ield, Chairperson 4 Page 188 of 247 CITY OF WATERLOO Council Communication Waterloo Housing Authority Board Minutes - May 15, 2017. City Council Meeting: 6/5/2017 Prepared: REVIEWERS: Department Reviewer Action Date Housing Authority Mayer, Sonia Approved 5/23/2017 - 4:36 PM Clerk Office Higby, Nancy Approved 5/23/2017 - 4:43 PM ATTACHMENTS: Description Type D WHA Meeting Minutes 05/15/2017 Cover Memo SUBJECT: Waterloo Housing Authority Board Minutes - May 15, 2017. Submitted by: Submitted By: Julie Dawson, Executive Director Summary Statement: Waterloo Housing Authority Board Minutes - May 15, 2017 Page 189 of 247 WATERLOO HOUSING AUTHORITY, Governing Board Minutes Monday May 15, 2017 at 4:50 PM Harold E. Getty Council Chambers — Waterloo City Hall Members Present: Welper, Morrissey, Powers, Schmitt, Amos, Motioned by Schmitt, seconded by Amos, that the Agenda be approved and to approve the minutes from the March 20, 2017 meeting. Ayes: All Motion Carried. New Business Motioned by Morrissey, seconded by Schmitt, to accept bid for 5 -year copier lease agreement with Advanced Systems in the amount of $161.79 per month. Ayes: All (With Mr. Schmitt abstaining due to conflict of interest) Motion Carried. Motioned by Morrissey, seconded by Schmitt, to approve and accept the FY2017 HUD Statement of Operating Budget and Expenditures. Ayes: All Motion Carried. Motioned by Amos, seconded by Powers, to approve the sale of used commercial washers and dryers previously located in the laundry room at Ridgeway Towers in the amount of $325.00 for the six machines. Ayes: All Motion Carried Motioned by Amos, seconded by Powers to approve and place on file the Housing Authority report including the Leasing, HAP, and Administrative Fee Utilization Report. Ayes: All Motion Carried Motioned by Schmitt, seconded by Morrissey to adjourn the meeting. Ayes: All Motion Carried. SAM Page 190 of 247 CITY OF WATERLOO Council Communication Planning & Zoning minutes of March 7, 2017 and April 4, 2017. City Council Meeting: 6/5/2017 Prepared: REVIEWERS: Department Reviewer Action Date Planning & Zoning Schroeder, Aric Approved 5/31/2017 - 10:09 AM Clerk Office Higby, Nancy Approved 5/31/2017 - 10:27 AM ATTACHMENTS: Description Type D P&Z minutes 3/7/17 Cover Memo D P&Z minutes 4/4/17 Cover Memo SUBJECT: Planning & Zoning minutes of March 7, 2017 and April 4, 2017. Submitted by: Submitted By: Page 191 of 247 MINUTES CITY OF WATERLOO, IOWA PLANNING, PROGRAMMING AND ZONING COMMISSION REGULAR MEETING - 4:00 P.M. MAY 7, 2013 The regular meeting of the Waterloo City Planning, Programming, and Zoning Commission was called to order at 4:01 p.m. by Chairperson Whitehead on May 7, 2013 in the City Council Chambers. Members present were: Rankin, Young, Cox, Tackett, Whitehead and Miehe. Members absent were: Gustafson, Morrison and Leonhart. Others present: Noel Anderson, Aric Schroeder, Chris Western, Shane Graham and Tim Andera - Planning Department; Eric Thorson, Engineering Department, Councilperson Ron Welper and 7 citizens. I. Approval of the Agenda It was moved by Tackett, seconded by Young to approve the agenda. Motion carried unanimously. II. Approval of the Minutes from the Regular Meeting on April 2, 2013. It was moved by Young, seconded by Cox to approve the minutes as submitted Motion carried unanimously. III. Financial Report: March and April 2013. It was moved by Cox, seconded by Young to approve the financial report for March and April 2013. Motion carried unanimously. IV. Oral Presentations No oral presentations were given. V Agenda Items A. Hearings — Rezones 1. Request by Family Video Movie Club, Inc. to rezone 3026-3032 Ansborough Avenue from "C-1" Neighborhood Commercial District to "C-1" Conditional Zoning Neighborhood Commercial District, for the purpose of establishing a new pizza restaurant on the property. It was moved by Miehe and seconded by Young to receive and place on file the statement of verification at 4:02 p.m. Motion carried unanimously and Whitehead declared the hearing open. Schroeder gave the staff report explaining the request. Schroeder indicated that staff is recommending approval of the rezone request, as the proposed rezone area is in conformance with the Comprehensive Plan and Future Land Use Map, which designates this area as Commercial and Low Density Residential, which allows for commercial uses, the site in question would appear to provide sufficient space to meet all required regulations, including setbacks, parking, drainage, landscaping, screening, etc., and the proposed rezone area is already served by all necessary utilities, and subject to the condition that the use of the site shall be limited to a restaurant facility, and any use permitted in the "C-1" Neighborhood Commercial District, except that the site shall not be used for an animal hospital, veterinary clinic, carwash, commercial parking lot, gas station, service station or alcohol sales use. Page 192 of 247 Planning and Zoning Commission May 7, 2013 It was moved by Young, seconded by Cox to close the Public Hearing. Motion carried unanimously. Public Hearing was closed at 4:06 p.m. It was moved by Young, seconded by Miehe, to approve the request to rezone 3026-3032 Ansborough Avenue from "C-1" Neighborhood Commercial District to "C-1" Conditional Zoning Neighborhood Commercial District, for the purpose of establishing a new pizza restaurant on the property, subject to the condition that the use of the site shall be limited to a restaurant facility, and any use permitted in the "C-1" Neighborhood Commercial District, except that the site shall not be used for an animal hospital, veterinary clinic, carwash, commercial parking lot, gas station, service station or alcohol sales use. Motion carried unanimously. B. Plats 1. Request by Atul & Reena Patel to plat 2.5 acres into 2 lots zoned "S-1" Shopping Center District, located at 2056 La Porte Road, for the purpose of creating an additional buildable parcel. Western gave the staff report explaining the request. Western indicated that staff is recommending approval of the plat request, as the plat is in accordance with the intent of the Subdivision Ordinance, the plat is in accordance with the Comprehensive Plan and Future Land Use Map, which classify this area as commercial and is designated as the Primary Growth Area, and while not supplying all of the information of a full plat process, the applicant has supplied a high percentage of the information. Based on the location, size and ability to be served by existing infrastructure without complicated easements, the minor plat process would appear to supply sufficient information, and subject to the following conditions: 1) that the access options be reviewed by city staff and the developer for the southerly parcel, and it determined to be necessary, that ingress/egress easements be retained on the northerly parcel to ensure development options for the southerly parcel, and 2) that the easement details for the detention pond include necessary information, including notes on ownership of the detention pond, maintenance on the detention pond area, even if shared, and uses allowed in the easement area (signage, setbacks, etc.). Tackett questioned what the timetable would be to install sidewalks along this property. Anderson indicated that sidewalk should be installed along Crossroads Boulevard once a development occurs, and that La Porte Road will be looked at for improvements in 2017, and a recreational trail may be included in the improvements for that road. It was moved by Cox, seconded by Young, to approve the plat request, subject to the following conditions: 1) that the access options be reviewed by city staff and the developer for the southerly parcel, and it determined to be necessary, that ingress/egress easements be retained on the northerly parcel to ensure development options for the southerly parcel, and 2) that the easement details for the detention pond include necessary information, including notes on ownership of the detention pond, maintenance on the detention pond area, even if shared, and uses allowed in the easement area (signage, setbacks, etc.). Motion carried unanimously. 2. Request by ProActive Holdings P1, LLC for the 8 -lot Preliminary Plat of Crossroads Retail Center Addition, to allow for the redevelopment of an existing commercial property, generally located on 17.8 acres bounded by E Ridgeway Avenue, Sears Street, and E San Marnan Drive. Andera gave the staff report explaining the request. Andera indicated that staff is recommending approval of the preliminary and final plat, as the plat can be serviced by the extension of existing utilities, the plat is in accordance with the Subdivision Ordinance, and would appear to meet the requirements of the Zoning Ordinance, the plat is in accordance with the Comprehensive Plan and Future Land Use Map, -2- Page 193 of 247 Planning and Zoning Commission May 7, 2013 which designates this site as Commercial, and the plat will create an infill development site within the Primary Growth Area, and subject to the condition that a deed of dedication be submitted. It was moved by Young, seconded by Tackett, to approve both the preliminary and final plat of Crossroads Retail Center Addition, subject to the condition that a deed of dedication be submitted Motion carried unanimously. 3. Request by ProActive Holdings IV, LLC for the 8 -lot Final Plat of Crossroads Retail Center Addition, to allow for the redevelopment of an existing commercial property, generally located on 17.8 acres bounded by E Ridgeway Avenue, Sears Street, and E San Marnan Drive. Discussed and acted on with item #2 above. 4. Request by Prime RE, LLC for the 3 -lot Preliminary Plat of Crossroads Plat No.10, to allow for new commercial development, on the property generally bounded by Crossroads Boulevard, Bopp Street and La Porte Road. Graham gave the staff report explaining the request. Graham indicated that staff recommends approval of the preliminary and final plat, as the plat is in accordance with the Subdivision Ordinance, and can be served by existing utilities, the plat is in accordance with the Comprehensive Plan and Future Land Use Map, which classify this area as Commercial, and the plat will create an additional infill development site located in the Primary Growth Area. It was moved by Tackett, seconded by Rankin, to approve both the preliminary and final plat of Crossroads Plat No. 10. Motion carried unanimously. 5. Request by Prime RE, LLC for the 3 -lot Final Plat of Crossroads Plat No.10, to allow for new commercial development, on the property generally bounded by Crossroads Boulevard, Bopp Street and La Porte Road. Discussed and acted on with item #4 above. 6. Request by Levi Sires to plat 0.59 acres into 2 lots zoned "R-2" One and Two Family Residence District, located at 150-151 Periwinkle Way, for the purpose of subdividing the two homes on the existing property onto two separate lots. Schroeder gave the staff report explaining the request. Schroeder indicated that staff recommends approval of the request, as the plat is in accordance with the intent of the Subdivision Ordinance, and the plat is in accordance with the Comprehensive Plan and Future Land Use Map, which classify this area as Residential and is designated as the Primary Growth Area. It was moved by Cox, seconded by Tackett, to approve the plat request. Motion carried unanimously. C. Vacates 1. Request by ProActive Holdings IV, LLC to vacate 0.88 acres of E Ridgeway Avenue right-of-way, for the purpose of redeveloping the adjacent commercial property. Andera gave the staff report explaining the request. Andera indicated that staff recommends approval of the vacate, as the request would not appear to have a negative impact on the surrounding area, the request would not appear to have a negative impact upon pedestrian and traffic conditions within the surrounding -3- Page 194 of 247 Planning and Zoning Commission May 7, 2013 area, and it would appear that the excess right-of-way is no longer needed for current or future right-of- way purposes, and subject to the condition that the necessary utility easements are retained over existing sanitary sewer, storm sewer and water mains. Anderson indicated that the right-of-way still needed for any future improvements would total 72', so there will be a slight change to the area requested to be vacated. Whitehead questioned if the total land area being vacated would change from the current 0.88 acres, and Anderson indicated that the land area to be vacated would go down a little bit based on the revision, but is not sure of the exact number. It was moved by Tackett, seconded by Young, to approve the vacate request, subject to the condition that the necessary utility easements are retained over existing sanitary sewer, storm sewer and water mains. Motion carried unanimously. 2. Request by Prime RE, LLC to vacate a portion of an existing 16' sanitary sewer easement, for the purpose of relocating the sanitary sewer line for commercial development purposes, on the property generally bounded by Crossroads Boulevard, Bopp Street and La Porte Road. Graham gave the staff report explaining the request. Graham indicated that staff recommends approval of the easement vacate, as the request would not appear to have a negative impact on the surrounding area, and would appear to be beneficial for development of the site, the request would not appear to have a negative impact on vehicular traffic in the area, and the request is in accordance with the Comprehensive Plan and Future Land Use Map for this area and would allow for infill development of the site, and subject to the following conditions: 1) that the new sanitary sewer extension connecting the existing 8" sanitary sewer line to the 10" sanitary sewer line within La Porte Rd be approved by the Engineering Department and a new 30' sanitary sewer easement be dedicated, and 2) subject to acceptable flow information from sewer line, as reviewed by City staff. Thorson commented that they are waiting to receive the sanitary sewer flow information from the applicant's engineer. Thorson commented that it should be ok for the commission to approve the request, and would wait to receive the flow information before sending it on to the City Council. It was moved by Young, seconded by Miehe, to approve the vacate of the 16' sanitary sewer easement, subject to the following conditions: 1) that the new sanitary sewer extension connecting the existing 8" sanitary sewer line to the 10" sanitary sewer line within La Porte Rd be approved by the Engineering Department and a new 30' sanitary sewer easement be dedicated, and 2) subject to acceptable flow information from sewer line, as reviewed by City staff. D. Encroachment Agreements 1. Request by Craig Wells for an encroachment agreement to allow for the construction of a 2' tall retaining wall 8' into the city owned right-of-way, located at 2300 W 7th Street. Andera gave the staff report explaining the request. Andera indicated that staff recommends denial of the request, as approval of the encroachment agreement could set precedence for other properties in the area to request to have encroachments into city right-of-way, it would appear that the applicant has other options, and could construct a retaining wall completely on their property, and construction of the two retaining walls in the right-of-way could inhibit the ability to extend sidewalk in the future. Craig Wells indicated that he has lived at this property for 32 years and has made numerous improvements to the property over the years. Wells indicated that there is a 7' grade difference between his house and where Lorraine Avenue is located, and so he is proposing to construct a 2 -tiered wall -4- Page 195 of 247 Planning and Zoning Commission May 7, 2013 system, as it would be more stable and there would be less wall height drop-off. He noted that the area would be landscaped and would protect his property and the cities property by stabilizing the soil. He indicated that he contacted Iowa One Call and contacted the gas company, and there are no concerns as far as utilities go. Mr. Wells passed out an updated site plan drawn up by the landscape company, which was different than the site plan the applicant provided in the packet, and there was some discussion as to the differences between the two. Young indicated that he understands both the applicant's and staff's side of the issue, and wondered if there could be some sort of compromise that could benefit both the applicant and the city. Tackett questioned who would maintain the wall if it were approved, and Schroeder indicated that the owner would maintain it. Miehe questioned if the wall could be entirely located within the applicant's property, and Mr. Wells indicated that moving it in would mean more excavation work which would be more expensive. Tackett indicated concern if the request were approved and then the applicant had to remove the wall, and Mr. Wells indicated that he is aware of the risk he is taking. Cox commented that if a sidewalk is ever needed along this property, that all of the trees would need to be removed first. Schroeder commented that it has become a priority of the city to infill sidewalks, and that if the request were approved it would be cumbersome to remove the wall. Rankin questioned if the wall would wrap around the trees in front of the house, and Mr. Wells indicated that the trees would remain on the outside area of the wall. Rankin commented that he thinks the wall should be constructed within the applicant's property. Young questioned if the applicant could talk with the landscaper to add in where a sidewalk could potentially be located on the site plan so the City could review it to see if both the wall and sidewalk could be located there. Cox questioned how much erosion there has been on the property in the 32 years that the applicant has lived there, and Mr. Wells estimated 8 inches of eroded land. Miehe commented that he thought it was a nice project, but could see the neighbors on each side of the applicant wanting a similar encroachment. Young questioned if the applicant would table the request for a month to meet with city staff about some of the changes, and Mr. Wells indicated that he would like to know if he can build the tiered wall system or not. Anderson commented that the Planning & Zoning Commission is a recommending body only, and that the request would go to the City Council for approval or denial. It was moved by Rankin, seconded by Miehe, to deny the encroachment agreement request. Motion carried 4-2, with Rankin, Miehe, Tackett and Whitehead voting aye, and Young and Cox voting nay. E. Plans and Studies 1. Creation of the Crossroads Waterloo Urban Renewal and Redevelopment Plan. Schroeder gave an overview of the Crossroads Waterloo Urban Renewal and Redevelopment Plan. Whitehead questioned why several areas were not included in the boundary, including Texas Street, west of Hess Road and the Kirk Gross property. Schroeder indicated that staff could look into these areas, but the way it is shown currently was easier to legally describe, especially along Highway 218. Young questioned if adjacent property owners could petition to be included in the plan, and Schroeder indicated that if a property owner had a project and wanted to be included, staff could amend the plan in the future to add additional areas. Young commented that as a school board member it is a tough decision, but he supports what the City is trying to do with trying to encourage development in this area. It was moved by Tackett, seconded by Young to approve the Crossroads Waterloo Urban Renewal and Redevelopment Plan. Motion carried unanimously. -5- Page 196 of 247 Planning and Zoning Commission May 7, 2013 V. Discussion Items There were no discussion items. VI. Adjournment With no further business to discuss, it was moved by Cox and seconded by Rankin to adjourn the meeting. Motion carried unanimously and the meeting adjourned at 5:31 p.m. Respectfully submitted, gt, exA, Shane M. Graham, Planner II -6 Page 197 of 247 MINUTES CITY OF WATERLOO, IOWA PLANNING, PROGRAMMING AND ZONING COMMISSION REGULAR MEETING - 4:00 P.M. APRIL 4, 2017 The regular meeting of the Waterloo Planning, Programming, and Zoning Commission was called to order by Chairperson Holdiman at 4:00 p.m. in the Harold E. Getty Council Chambers at Waterloo City Hall. Members present were: Donat, Flynn, Gustafson, Hall (4:05 p.m.), Holdiman, Miehe and Tyson. Members absent were: None Others present: Aric Schroeder, Chris Western, Tim Andera, John Dornoff and Seth Hyberger - Planning Department, Eric Thorson — Engineering, Jerome Amos -City Council, and one citizen. I. Approval of the Agenda It was moved by Donat, seconded by Gustafson, to approve the agenda as submitted Motion carried unanimously. II. Approval of the Minutes from the Regular Meeting on March 7, 2017. It was moved by Tyson, seconded by Flynn to approve the minutes as submitted III. Financial Report: January and February 2017 Schroeder noted that there are two reports this month, as only part of January was in last month's packet, and we are currently about 50% of the fiscal year and on track. Donat noted that usually the reports are four pages. Schroeder noted that the reports appear to now be two pages and that is the full financial report. The financial report was received and placed on file. IV. Oral Presentations There were no oral presentations. V Agenda Items A. Hearings — Site Plan Amendments 1. Request by Mark White Construction on the behalf of Fusion Real Estate, LLC for a site plan amendment to the "C -P" Planned Commercial District to allow for the construction of an 80'x 150' (12,000 SF) commercial building and a 51 stall parking lot, located to the north of 1730 West Ridgeway Avenue. It was moved by Donat and seconded by Gustafson to receive and place on file the statement of verification at 4:04 p.m. Motion carried unanimously and Holdiman declared the hearing open. Dornoff gave the staff report, noting that staff is recommending approval of the site plan amendment request with the condition that the final site plan meets all applicable city codes, including, but not limited to parking, landscaping, drainage, etc., except as specifically altered by approval of the site plan amendment. Page 198 of 247 Planning and Zoning Commission April 4, 2017 Donat questioned if concerns in the tech notes relating to issues where patrons would go in the event of the tornado, the facility would be short by five parking spaces and a drainage plan has not been submitted. Dornoff noted that it is not in the ordinance that there is a safe area during inclement weather, but noted that there are locker rooms where patrons could go to. Miehe noted that he has not seen the concern raised before in the tech notes about the need for a safe area for patrons during severe weather, and questioned if this is new. Schroeder noted that Lorie Glover, who raised those concerns, is the director of the Black Hawk County Emergency Management Agency, and she has brought it up in the past from time to time, such as for multiple family developments. Schroeder reiterated that there is nothing in the Zoning Ordinance or the building code that requires a storm shelter. Schroeder noted that if someone chooses to put in a storm shelter, the building code does require that it is constructed in a certain fashion. Flynn questioned how safe rooms could be required. Schroeder noted that the Building Official participates in an annual conference of Building Officials, and at this conference, changes to the building code are proposed and potentially adopted, so this could be an opportunity to change the building code. Donat noted that the request is not in conformance with the Future Land Use Map for this area and questioned if this is a concern. Schroeder noted that this is not a concern and the Future Land Use Map is used as a guide in land use decision making. Schroeder noted that the property in question was purchased from the cemetery to the east and that had a designation of Parks and Open Spaces and that may need to be changed in the future to reflect a commercial use. Donat also questioned if they will need to detain storm water on the site. Schroder noted that there is a regional detention area for this subdivision and the applicant would need to turn in a storm water plan showing how they will get storm water to that regional detention area. Schroeder also noted that there is a five stall parking deficiency and there is flexibility in parking requirements in the "C -P" Planned Commercial District. Gustafson questioned if there should be condition that there be a storm water plan submitted. Schroeder noted that the conditions as proposed by staff should be sufficient in requiring a storm water plan, and it is a requirement of the code of ordinances. Thorson noted that a building permit cannot be acquired unless a proper storm water detention plan is submitted. Mark White, Mark White Construction, 625 Stephan Avenue, Waterloo, noted that he is available to answer questions. Tyson questioned if this is a dance studio. White noted that it is a dance studio that would be used for practices and not an events facility. Miehe questioned if there were concerns with the parking deficiency, and is the traffic mostly drop-off. White indicated that the studio is currently above Jameson's in downtown Waterloo, which has no parking, and feels it will be rare that half of the parking stalls will be used at one time, and most of the traffic is drop-off. White also noted that constructing a safe room would be out of the price range, but felt the locker rooms would be safe. It was moved by Flynn, seconded by Hall to close the Public Hearing. Motion carried unanimously. The public hearing was closed at 4:35 p.m. It was moved by Miehe, seconded by Hall to approve the site plan amendment request, with the condition that the final site plan meets all applicable city codes, including, but not limited to parking, landscaping, drainage, etc., except as specifically altered by approval of the site plan amendment. Motion carried unanimously. VI. Discussion Items No discussion items. -2 Page 199 of 247 Planning and Zoning Commission April 4, 2017 VII. Adjournment It was moved by Hall, seconded by Flynn, to adjourn the meeting at 4:36 p.m. Motion carried unanimously. Respectfully submitted, Tim Andera, Planner II -3 Page 200 of 247 CITY OF WATERLOO Council Communication Board of Adjustment Minutes for June 28, 2016, July 26, 2016, August 23, 2016, September 27, 2016, October 25, 2016, November 22, 2016 and December 27, 2016. City Council Meeting: 6/5/2017 Prepared: REVIEWERS: Department Reviewer Action Date Planning & Zoning Schroeder, Aric Approved 5/31/2017 - 10:09 AM Clerk Office Higby, Nancy Approved 5/31/2017 - 10:28 AM ATTACHMENTS: Description Type D BOA minutes 6/28/16 Cover Memo D BOA minutes 8/23/16 Cover Memo D BOA minutes 7/26/16 Cover Memo D BOA minutes 9/27/16 Cover Memo D BOA minutes 10/25/16 Cover Memo D BOA minutes 11/22/16 Cover Memo D BOA minutes 12/27/16 Cover Memo SUBJECT: Submitted by: Board of Adjustment Minutes for June 28, 2016, July 26, 2016, August 23, 2016, September 27, 2016, October 25, 2016, November 22, 2016 and December 27, 2016. Submitted By: Page 201 of 247 MINUTES OF THE WATERLOO BOARD OF ADJUSTMENT REGULAR MEETING HELD ON JUNE 28, 2016 IN THE HAROLD E. GETTY COUNCIL CHAMBERS, CITY HALL Chairperson Reisinger called the regular meeting of the Waterloo Board of Adjustment to order at 4:00 p.m. Board members in attendance were: Reisinger, Chizek, Goldsberry, Shimp, and Condon. Absent: none. Staff in attendance was: Western, Schroeder, and Miller. I. Approval of the Agenda for June 28, 2016. It was moved by Shimp, seconded by Goldsben y, to approve the agenda. Motion carried unanimously. II. Approval of the Minutes of the Regular Meeting on May 24, 2016. Condon noted that the motion for item three on the agenda indicates that it was moved by Chizek and seconded by Chizek. Goldsberry indicated that she made the second. It was moved by Golsberry seconded by Condon, to approve the minutes of the May 24, 2016 Regular Meeting as amended, with the one correction noted. Motion carried unanimously. III. Decision Items 1. Request by JDE Engineering on behalf of Stainless Plus for a variance to the hard surface requirements located at 3533 Cedar Terrace Drive. Miller gave the staff report, noting that the applicant is requesting the variance in order to expand their business at 3533 Cedar Terrace Drive but utilize existing gravel vehicular use areas from the property that previously had a single family home on it. Miller noted they are proposing a 104' x 50' building with 16' sidewalls with overhead doors that face the south to allow for storage of equipment for the business. Miller noted that the property had previously received a variance to allow a change in legal non -conforming use, which was approved on October 23, 2001, and then the property was rezoned on December 3, 2001 from "R-2" One and Two Family Residence District to "C -1,C -Z" Conditional Zoning Commercial District so that the use would no longer be a non- conforming use for financing purposes. Miller noted that the existing facility has gravel vehicular use areas that are legal non -conforming and that the request to use the existing gravel areas for the former home would not appear to have a negative impact on the area. Miller indicated the staff recommendation of approval of the request. It was moved by Goldsberry, seconded by Shimp, to approve the request for a variance to the hard surface requirements to allow for a permanent gravel vehicular use area at 3533 Cedar Terrace Drive be approved, as the request appears to have uniqueness with the existing business having a gravel vehicular use area that is legal non -conforming, and the request would not appear to have a negative impact on the surrounding neighborhood. Motion carried unanimously. 2. Request by Craig Engstrom for a variance to the fence regulations limiting fences to a maximum of 4' in the required front yard to allow for a 6' privacy fence in the front yard located at 5115 William Drive. Schroeder gave the staff report noting that the applicant is requesting the variance for pet containment and privacy, and that the Zoning Ordinance prohibits a fence taller than 4' in a required front yard. Schroeder noted that the lot has three street frontages, and is addressed and faces the longer dimension street frontage. Schroeder noted that in situations where a structure is addressed and faces the longer Page 202 of 247 BOARD OF ADJUSTMENT June 28, 2016 Minutes dimension street frontage, the front yard setback requirements have to be met from both the long dimension street that the house faces, and the narrow dimension street frontage, with the rear yard being opposite the narrow dimension street frontage, so the property line along Yellowstone Drive is a required front yard, and a fence would be limited to a height of 4 feet between the property line and the house. Schroeder noted that the request would not appear to have a negative impact on traffic or pedestrian conditions in the area, as the fence would be several feet from the property line on Yellowstone Drive. Schroeder indicated the staff recommendation of approval of the request. Craig Engstrom, the home owner, noted he would answer any questions that the Board had. It was moved by Chizek, seconded by Goldsberry, to approve the request for a variance to the requirements limiting a fence to a height of 4' in a front yard to allow for a 6' fence in the required front yard along Yellowstone Drive, as the request would not appear to have a negative impact upon the surrounding area or cause any site visibility issues for traffic for those traveling on Hoff Road, William Drive, or Yellowstone Drive, and there were no objections to the request. Motion carried unanimously. 3. Request by Paul Grandon for a special permit to convert an existing single family home into a duplex, and a variance to the minimum lot width, within an "R-3" Multiple Residence District, located at 926 W 6th Street. Schroeder gave the staff report noting that the Zoning Ordinance requires all conversions that add units to be approved for a special permit through the Board of Adjustment after recommendation of the Planning and Zoning Commission, allowing staff to review the request to insure that the conversion will meet all current minimum requirements such as lot width, lot size, parking and layout of the proposed conversion, and to ensure that the request would be compatible with the neighborhood. Schroeder noted that the request meets all requirements except for the minimum lot width, which for a duplex in the "R-3" is 70', so the 60' wide lot is 10' less than required. Schroeder noted that the lot meets minimum lot area and lot area per family, and would meet minimum parking requirements. Schroeder noted that the Planning and Zoning Commission recommended approval of the request and indicated the staff recommendation of approval of the request. Condon noted that the staff recommendation includes a condition that refers to needing a site plan and questioned what would be needed. Schroeder noted it probably did not need to say site plan, as the bulk of the work would be interior remodel work, and the exterior would work be limited to the access stairs to the second floor unit. Schroeder noted that the applicant had obtained a permit for some work to the existing dwelling, but during an inspection it was discovered that additional work not covered by the permit was started, and that the plan was to convert the dwelling into a duplex. Shimp noted that he does not think the City can continue to allow single family home conversions, particularly in the Church Row neighborhood. Chizek asked if there were other duplexes in the area, and Schroeder noted that there area, and that the area is a mix of uses. It was moved by Condon, seconded by Chizek, to approve the request for a special permit to convert the dwelling into a duplex and a variance to the minimum lot width of 70' required for a duplex in the "R-3" Multiple Residence District to allow for the conversion of the dweling into a duplex with a 60' lot with, located at 926 W 6th Street, as the duplex would be in conformance with the Comprehensive Plan and Future Land Use Map for this area, would not appear to have a negative impact upon the surrounding area, and would not appear to have a negative impact upon pedestrian or vehicular traffic conditions in the area, subject to the condition that the final plans meet all applicable city codes, 2 Page 203 of 247 BOARD OF ADJUSTMENT June 28, 2016 Minutes regulations, etc. including, but not limited to, parking, landscaping, drainage, etc., except as approved by the Board. Motion carried 3-2 with Shimp and Reisinger voting against. 4. Request by David Hellman for a special permit to allow for the establishment of a dog kennel on property located at 2219 La Porte Road. Schroeder gave the staff report noting that the applicant is proposing to establish a doggy day care and kennel, and has provided a conceptual site plan. The site includes an existing house that would remain and be occupied by an employee of the site. Schroeder noted that at the May P&Z meeting the Planning and Zoning Commission tabled the request so more information could be gathered on the aesthetics of the proposed building, type of fencing, and if there would be any negative effects of having a kennel in this location. Schroeder noted that the Commission unanimously recommended approval of the request at their June meeting and indicated the staff recommendation of approval of the request. Steve Hellman, a partner of the applicant David Hellman, handed out updated side elevation diagrams of what the building would look like and noted that he could answer questions. Chizek questioned how many kennels there would be, and Hellman indicated they were planning on 48 indoor/outdoor runs. Shimp asked if the property was connected to the home, and Hellman noted it was one property and they were under contract to purchase the entire property, including the home. Shimp noted that he had looked into the existing business and thought they run a very good operation. Condon asked about the landscaping and fencing requirements and if the applicant was concerned with those. Hellman noted they were not concerned, as they want a well-designed and aesthetically pleasing facility to attract customers. Marvin Webber, the current property owner, spoke in support of the request, noting that the land has sat vacant since he purchased it as excess right-of-way from the DOT after Highway 218 was constructed. It was moved by Goldsberry, seconded by Chizek, to approve the request for a special permit to allow for the establishment of a dog kennel on property located at 2219 La Porte Road, as the request would be in conformance with the Comprehensive Plan and Future Land Use Map for this area, would not appear to have a negative impact upon the surrounding area, and would not appear to have a negative impact upon pedestrian or vehicular traffic conditions in the area, and subject to the condition that the final site plan meets all applicable city codes, regulations, etc. including, but not limited to, parking, landscaping, drainage, etc. Prior to a vote it was moved by Condon, seconded by Goldsberry to amend the motion to add a condition of a 6' tall privacy fence along the La Porte Road side of the proposed building running the length of the kennel. Motion on the amendment carried unanimously. Motion on the request carried unanimously. 5. Request by Eagle Petroleum dba Speedy Mart for a variance to re-establish a legal non- conforming use of a grocery/convenience store in a "R-2" One and Two Family Residence District on property located at 926 Linn Street. Western gave the staff report noting that the property is located at the southeast corner of Linn Street and Oliver Street and is zoned "R-2" One and Two Family Residence District, but the site has been the home of a Grocery store since prior to adoption of the 1969 Zoning Ordinance, making the site a legal non -conforming (grandfathered) use, but that the site lost legal non -conforming status when it was closed for more than a year. In May of 2014 the Board of Adjustment approved a one year temporary variance to Leo Dixon to allow the site to operate a grocery/convenience store, but the approval was subject to the conditions that 1) the hours of operation of the business be from 7 a.m. to 9 p.m. daily, 2) 3 Page 204 of 247 BOARD OF ADJUSTMENT June 28, 2016 Minutes alcohol sales be limited to a Class C Beer Permit, 3) that it be a temporary variance for one year, and the request must come back before the Board of Adjustment prior to the end of the one year period to request permanent approval to re-establish the non -conforming use, and 4) that a 4' solid fence be extended along the eastern property line of the site in question towards Oliver Street and stop 1' from the sidewalk to screen the parking lot and dumpster from the property to the east at 306 Oliver Street. The request was not brought back before the Board of Adjustment within that year period, and the site once again lost legal non -conforming status. Western noted that the applicant is requesting to permanently re-establish the non -conforming status to allow a grocery/convenience store, and is requesting approval to be able to have a Class E Liquor License to allow the sale of liquor in addition to beer, and to have the hours of operation extended to 12 a.m. (midnight) daily. Western noted that staff is concerned that the request could have a negative impact on the neighborhood and traffic conditions. Western noted that the site has a gravel parking lot that has space for approximately six to eight vehicles, and that there is on -street parking in close proximity along Linn and Oliver Streets. Western noted that there are instances throughout the City where there exist uses which constitute a non- conforming use, and it is the intent of the Zoning Ordinance to permit these non -conformities to continue, but not to encourage their survival, as generally non -conforming uses are incompatible with uses permitted in the district they are located in. Western noted that the applicant submitted a petition with 17 signatures, with approximately 10 being from neighbors near the store. Western noted that staff was concerned with the request as submitted by the applicant, and would suggest that if approved, it be for only a 1 year temporary basis so that the request would have to come back before the Board of Adjustment for a second review to see if the use and particularly the sale of alcohol from the site are having any negative impacts on the surrounding residential neighborhood, and would not support the addition of a Class E liquor license, recommending to keep it as a Class C Beer Permit, possibly with the addition of wine sales being allowed, and would recommend the hours of operation remain as 7 a.m. to 9 p.m. Western noted that there was a similar request for Sac's Neighborhood Bar and Grill at 2000 Hawthorne that was given approval of a one year temporary variance to their request for a variance to re-establish a non -limited alcohol sales use (bar), and on March 25, 2014 the Board approved the request for a permanent variance to be a non -limited alcohol sales use. Condon asked if the Board approved it with a condition that did not allow a Class E Liquor License if they could still ask for a Class E License. Schroeder noted that they could ask, but it would have to come back to the Board of Adjustment first. Reisinger asked if the parking lot would have to be hard surfaced. Western noted that it would not, as the parking was legal non -conforming. Bruce Jacobs, Ward 2 City Councilperson, noted the store does a service for this neighborhood and indicated support of the request as recommended by staff. Sylvia Anderson noted she lives directly adjoining the back of the store and noted that she has a physical disability and is on a waiver program and needs to have the store, and noted that the store has not had loitering or other problems. Elisibeth Merriweather, 228 Oliver Street noted she has lived there for 55 years and noted there was already a store there before she moved there and would like to see a store there. Merriweather noted that there was one previous property owner that did not run it well and allowed problems to persist, but that those issues have been addressed and the last and current property owner have not had problems, and noted she was ok with hours until 10:00 p.m. on weekdays during summer. Reverand Ed Loggins, 233 Oliver Street noted that there were problems with enforcement of hours, and that there has been problems with loitering. Loggins expressed concern with increased hours of 4 Page 205 of 247 BOARD OF ADJUSTMENT June 28, 2016 Minutes operation, and stated it is being talked a lot about groceries and foot, but the applicant wants this approval to sell beer, liquor, and cigarettes. Loggins indicated that approval of the request would lead to issues at the site. Theresa Mosley, 223 Oliver Street noted she has lived there since 1965 and the store was there then, and noted there was a previous owner that was a serious problem, but that the problem was taken care of and does thinks the new owners will run it well. Mosley noted she has no problem with them selling beer or wine, but does oppose liquor. Dilawar Khan, the applicant, noted that he operates a liquor store business in Cedar Falls and has no issues or citations operating that store, and wants to operate a good operation at this location as well. Khan expressed concern that if he is not provided adequate hours, the business will not succeed, just as the previous owner did not. Khan noted that he has put up lots of cameras, and submitted an additional petition of support. Travis of 1215 Parker St in Cedar Falls noted he works for Mr. Khan, and noted that customers work different shifts so they need the extended hours to accommodate customers that work later. Jerome Amos, 119 Ricker Street and Ward 4 City Council Representative noted he is not opposed to the store being in the neighborhood, but is opposed to liquor. Amos passed out information he gathered by doing a google search on liquor stores in urban areas, and said it was very alarming. Amos noted that he had met with the applicant and made it clear that he was opposed to liquor and concerned with the change in hours of operation, and he thought there was an understanding with the applicant, but apparently not as he is still requesting the hard liquor license and hours until midnight. Board members then discussed the request regarding what would be acceptable for conditions. Goldsberry suggested that it should be limited to a one year temporary approval so that the request has to come back before the Board to see if it is causing any problems, and suggested it not be allowed to have a liquor license, and be allowed to have hours to 11:00 p.m. daily. It was moved by Goldsberry, seconded by Chizek, to deny the request as submitted by the applicant, but to approve the request as a temporary one year variance to re-establish a legal non -conforming use in the "R-2" One and Two Family Residence District to allow the re-establishment of a grocery/convenience store located at 926 Linn Street, as the request would appear to have a lack of reasonable return, as the structure is designed and setup for commercial uses and historically has been operated as a commercial use, and a grocery store can be a neighborhood friendly commercial use when properly designed and located, and subject to the following conditions: 1) that the hours of operation of the business be limited to 7:00 a.m. to 11 p.m. daily, 2) that alcohol sales be limited to a beer and wine permit, and 3) that the temporary variance shall be for one year, and the request must come back before the Board of Adjustment prior to the end of the one year period to request permanent approval to re-establish the non -conforming use. Motion carried 4-1 with Condon voting against. 5. Request by Gary Eilers for a variance to the accessory structure regulation that requires that there be a principal permitted use associated with any accessory structures, to allow for the demolition of a home while keeping an existing accessory structure on a lot by itself at 1800 Sycamore Street. Western gave the staff report noting that the home at 1800 Sycamore Street was flooded in 2008 and has sat vacant since, and the applicant is requesting to demolish the home but keep the existing 844 SF 5 Page 206 of 247 BOARD OF ADJUSTMENT June 28, 2016 Minutes detached garage. Western noted that the applicant also owns the adjoining house at 1804 Sycamore Street, which has a 240 SF garage on it, and the applicant could place a restrictive covenant between the two properties so that they would be considered one property for zoning purposes, and then it would not need a variance to have an accessory structure on a lot by itself, but it would need a variance to have 1,084 SF of total detached structures, which is 234 SF more than the 850 SF allowed. However, the applicant has indicated that they do not want to do a restrictive covenant to tie the properties together. Western noted the concern of staff for precedent for allowing accessory structures on a lot without a principal use, noting that similar requests have been denied in the past, including a request at 428 Peek Street denied by the Board of 8/26/14. Western indicated the staff recommendation of denial of the request. Gary Eilers, the applicant spoke in support of the request. Duane Eilers noted that the house was flooded in 2008 and that they wanted to tear it down but want to keep the land for a garden. Gary Eilers noted that there are other houses in the neighborhood that the City tore down at City expense but he is willing to tear down the house at his expense. Schroeder questioned why the garage was needed and why it could not be torn down with the house or moved off of the property. Gary Eilers and Duane Eilers indicated that they wanted to keep it for storage. Duane Eilers suggested there is uniqueness to the request because the City let them build the garage knowing that the house had been flooded and unoccupied, that the City caused the flooding when pumps that were keeping the area from flooding were removed, and because Gary and his wife have physical disabilities, and want to keep the lot and have a garden on Schroeder noted that he is not aware that any of the City staff that had any involvement with issuance of the permit for the garage had any knowledge that the house had been flooded or that it had not been fixed up following the flooded, and questioned why the property owner would build a brand new garage on a property that had a flood damaged and vacant home that they apparently had no intention of repairing. Schroeder noted that the Zoning Ordinance does not allow for accessory buildings on a lot by itself because they can have a negative impact on the residential character of a neighborhood and can lead to problems with aesthetics, outside storage, or other issues that are not compatible with a residential neighborhood. Schroeder noted that it could be possible to place the restrictive covenant between the property in question and the adjoining property with a house on it that way the garage would not be on a lot without a house, but this would cause the property to exceed the 850 SF limit for total detached accessory structures associated with a single family home, which is not a variance that the Board of Adjustment has typically approved for a site like this on a smaller residential lot in the middle of a residential neighborhood. Schroeder suggested that if any sort of variance were to be approved, requiring the restrictive covenant and approving a variance to exceed the 850 SF would appear to be a little less concerning than allowing a garage on a vacant lot, as there is some uniqueness with the fact that they would be existing garages that were associated with two different homes. Duane Eilers noted that they had already indicated that they did not want to tie the two properties together. Gary Eilers noted that he did not want to tie the two properties together so he would be precluded from selling the one property separately in the future. Western noted that if a restrictive covenant was done, that it would tie the two properties together and preclude them from being sold separately, but that the restrictive covenant could be rescinded in the future so that the lot could be sold separately if the buyer was going to build a house on the property, or if the garage were to be demolished or moved off of the property. It was moved by Goldsberry, seconded by Shimp, to deny the request for a variance to allow for a detached accessory structure upon a lot without a principal permitted use, as the request would appear to have a negative impact upon the surrounding area by setting precedent for allowing accessory 6 Page 207 of 247 BOARD OF ADJUSTMENT June 28, 2016 Minutes buildings on a lot without a principal use, and there does not appear to be uniqueness to the request. Motion carried 4-0 (Condon was absent, leaving prior to vote). IV. Discussion There was no further discussion. V. Adjournment It was moved by Shimp, seconded by Goldsberry, to adjourn the meeting at 5:55 p.m. Motion carried unanimously. Respectfully submitted, Chris Western, Planner II/Brownfield Coordinator 7 Page 208 of 247 MINUTES OF THE WATERLOO BOARD OF ADJUSTMENT REGULAR MEETING HELD ON August 23, 2016 IN THE HAROLD E. GETTY COUNCIL CHAMBERS, CITY HALL Chairperson Reisinger called the regular meeting of the Waterloo Board of Adjustment to order at 4:00 p.m. Board members in attendance were: Reisinger, Goldsberry, Shimp, Chizek and Condon. Staff in attendance was: Western, Schroeder, and Miller. I. Approval of the Agenda for September 27, 2016. It was moved by Shimp, seconded by Goldsberry, to approve the agenda. Motion carried unanimously. II. Approval of the Minutes of the Regular Meeting on August 23, 2016 It was moved by Shimp, seconded by Golsberry to approve the minutes of the July 26, 2016 Regular Meeting as submitted. Motion carried unanimously. III. Decision Items 1. Request for a special permit to construct a new addition to Hartman Reserve Nature Center, located at 623-657 Reserve Drive. Andera gave the staff report The applicant is requesting approval of a special permit for the purpose of constructing a new 4,273 SF addition to the east side of the main Hartman Reserve Nature Center building, located at 623-657 Reserve Drive. The proposed structure will meet all required setbacks from the property lines, being 170' from its closest property line. The structure will be one story in height and have numerous large windows. The use of the addition will be for gathering space and multi-purpose uses. Many local students utilize the center for educational purposes and the new addition will house those students for things such as a field trip. Therefore, staff recommends that the request for a special permit, located 623-657 Reserve Drive be approved for the following reasons: 1. The request is in conformance with the Comprehensive Plan and Future Land Use Map for this area. 2. The request would not appear to have a negative impact on traffic conditions in the area. The request would not appear to have a negative impact upon the surrounding area. Condon asked what the reason is for special permits. Andera explained that the ordinance requires all public uses to secure a special permit when doing construction and or additions. It was moved by Chizek, seconded by Shimp, to approve the request for a special permit to construct a new addition to Hartman Reserve Nature Center, located at 623-657 Reserve Drive, as the request would not appear to have a negative impact upon the surrounding area or a appear to have a negative impact upon traffic conditions in the area. Motion carried unanimously. Page 209 of 247 BOARD OF ADJUSTMENT August 23, 2016 Minutes 2. Request by Kwik Trip, Inc. for a variance to the Highway 20 Corridor Overlay District's maximum freestanding sign height limit of 40', to construct a sign that is 60' tall and a variance to the "C-2" Commercial District's 48'maximum sign height limit. A variance to the Highway 20 Corridor Overlay District's maximum freestanding sign limit of 250 square feet and a variance to the "C-2" Commercial District maximum square foot of 300 square feet to have a total of 315.85 square feet. A variance to the Highway 20 Corridor Overlay District's minimum parking lot set -back requirement of 8' to allow for a 6' setback from Ansborough Avenue, and a variance to Highway 20 Corridor Overlay District's minimum parking lot set -back requirement of 25' setback from Highway 218 located at the intersection of Ansborough Avenue and Fisher Drive. Western gave Staff report. Chizek asked a series of questions clarifying the number of variances. Reisinger asked how this request compares to the Loves Truck Stop request. Western answered that the request is almost identical. Condon asked for clarification of the boundaries of the Highway 20 Corridor. Condon Also asked for clarification of what the purpose of the corridor is. Schroeder explained the purpose. Kwik Star representative Wayne Drummond pointed out that the variances requested for setbacks are only being requested due to the lot has a couple of very narrow points making them unable to meet the setback in two areas of the property. It was moved by Chizek, seconded by Golsben y, to approve the request for a variance to the Highway 20 Corridor Overlay District's maximum freestanding sign height limit of 40', to construct a sign that is 60' tall and a variance to the "C-2" Commercial District's 48'maximum sign height limit. A variance to the Highway 20 Corridor Overlay District's maximum freestanding sign limit of 250 square feet and a variance to the "C-2" Commercial District maximum square foot of 300 square feet to have a total of 315.85 square feet. A variance to the Highway 20 Corridor Overlay District's minimum parking lot set- back requirement of 8' to allow for a 6' setback from Ansborough Avenue, and a variance to Highway 20 Corridor Overlay District's minimum parking lot set -back requirement of 25' setback from Highway 218 located at the intersection of Ansborough Avenue and Fisher Drive. Motion carried unanimously. IV. Discussion There was no further discussion. V. Adjournment It was moved by Shimp, seconded by Condon, to adjourn the meeting at 4: 25p.m. Motion carried unanimously. Respectfully submitted, Chris Western, Planner II/Brownfield Coordinator 2 Page 210 of 247 MINUTES OF THE WATERLOO BOARD OF ADJUSTMENT REGULAR MEETING HELD ON July 26, 2016 IN THE HAROLD E. GETTY COUNCIL CHAMBERS, CITY HALL Chairperson Reisinger called the regular meeting of the Waterloo Board of Adjustment to order at 4:00 p.m. Board members in attendance were: Reisinger, Goldsberry, Shimp, and Condon. Absent: Chizek. Staff in attendance was: Western, Schroeder, and Miller. I. Approval of the Agenda for July 26, 2016. It was moved by Shimp, seconded by Goldsben y, to approve the agenda. Motion carried unanimously. II. Approval of the Minutes of the Regular Meeting on June 28, 2016 It was moved by Golsberry seconded by Shimp, to approve the minutes of the June 28, 2016 Regular Meeting as submitted. Motion carried 3 to 1 with Condon voting no as he did not have a chance to read the corrected minutes staff sent. III. Decision Items 1. Request by C & R Specialties on behalf of Donna Murray for a variance to the 30' minimum front yard setback requirement in the "R-1" One and Two Family Residence district to allow for a 5' addition to the front of an existing attached garage reducing the front yard setback to 27' 7', 2' 3" less than required at 615 Wilshire Avenue. Western gave the staff report, indicating that the applicant is requesting a variance to allow for the construction of a 5' x 24' (120 SF) addition to an existing attached garage for the purpose of creating addition space to maneuver a wheel chair while accessing the inside pedestrian door. The addition would reduce the front yard setback to 27' 7' , 2' 3" short of the required 30' front yard setback requirement in the "R-1" One and Two Family Residence District. Western indicated that staff recommends that the a variance to have a 27' 7" front yard setback, 2' 3" less than what is required, located in an "R-1" One and Two Family Residence District to allow for the construction of a 5'x 24' (120 SF) garage addition be approved for the following reason(s): 1. The request would not appear to have a negative impact upon the surrounding area. 2. The request would not appear to have a negative impact upon traffic conditions. Caleb Granzow from C&R Specialties 1112 E Avenue, Grundy Center Iowa ,explained the project stating that the purpose of the request is so that when the applicant pulls there van into the garage they would have a an additional 5' of space to maneuver a wheelchair around the front of the van into the house. Reisinger verified that the request was for handicap accessibility and not esthetics to which Caleb verified that yes it as for handicap accessibility. It was moved by Condon, seconded by Shimp, to approve the request for a variance to front yard setback requirement in the "R-1" One and Two Family Residence District to allow for a 27' .7" front yard setback, 2'.3" short of the required 30' setback requirement be approved, as the request would not appear to have a negative impact upon the surrounding area or a appear to have a negative impact upon traffic conditions in the area. Motion carried unanimously. Page 211 of 247 BOARD OF ADJUSTMENT July 26, 2016 Minutes IV. Discussion There was no further discussion. V. Adjournment It was moved by Condon, seconded by Goldsberry, to adjourn the meeting at 4: 07p.m. Motion carried unanimously. Respectfully submitted, Chris Western, Planner II/Brownfield Coordinator 2 Page 212 of 247 MINUTES OF THE WATERLOO BOARD OF ADJUSTMENT REGULAR MEETING HELD ON SEPTEMBER 27, 2016 IN THE HAROLD E. GETTY COUNCIL CHAMBERS, CITY HALL Chairperson Reisinger called the regular meeting of the Waterloo Board of Adjustment to order at 4:00 p.m. Board members in attendance were: Reisinger, Goldsberry, Shimp, Chizek and Condon. Staff in attendance was: Western, Schroeder, and Miller. I. Approval of the Agenda for September 27, 2016. It was moved by Shimp, seconded by Condon, to approve the agenda. Motion carried unanimously. II. Approval of the Minutes of the Regular Meeting on August 23 , 2016 They August minutes were not available. Minutes will be provided at the October meeting. III. Decision Items 1. Request by Ryan Karr for a variance to allow for the construction of a garage with a mid -point height of 20', 5' taller than allowed within a "A-1" Agricultural District, located at 3838 Ranchero Road. Dornoff gave staff report. Condon asked if it was a new structure; Dornoff explain that the applicant previously requested a variance to build a 2160 Square Foot (SF) building in addition to a 168 SF shed. On May 29, 2014 the Board of Adjustments approved the applicant to build a 1800 SF maximum pole building in addition to keeping the 168 SF shed for a total detached accessory structure square footage of 1968 SF, 168 SF more than allowed. They applicant now is asking to construct the garage with a mid -point height of 20', 5' taller than allowed within an "A-1" Agricultural District. Reisinger asked if the garage would be taller than the house. Applicant explained that it would be taller than the house. There was discussion about height variance at 3545 Ranchero to allow for 18.5' pole building next to his primary residence. September 25, 2012 the Board of Adjustments approved the variance to allow for storage of a motor home since it would not be taller than the existing house on the property however, this request would allow for the garage to be taller than the home. The applicant stated that he has 3 acres and felt that the height would not appear out of character because of the large lot. Reisinger asked what type of siding the building will have. The applicant stated it would be metal siding. Dornoff stated that the variance approval at 3545 Ranchero also allowed for metal siding. Reisinger asked where it will be located. The applicant stated that it would be positioned in the rear of the lot away from the home. Condon asked how big it will be. The applicant stated it will be smaller than what was initially approved at 1,700 sq. ft. Goldsberry asked the applicant could live with an 18'.5 tall building like the neighbor at 3545 Ranchero Road. Applicant stated he would rather have the 20' tall building. It was moved by Condon, seconded by Goldsberry, to deny the request for the construction of a garage with a mid -point height of 20', 5' taller than allowed within an "A-1" Agricultural District. It was then moved by Condon, seconded by Goldsberry to approve a variance to allow for the construction of a garage with a mid -point height of 18'.5, 2' taller than allowed within an "A-1" Agricultural District, located at 3838 Ranchero Road. Motion carried unanimously. Page 213 of 247 BOARD OF ADJUSTMENT September 27, 2016 Minutes 2. Request by the city of Waterloo for a special permit to allow for the establishment of a yard waste facility, within an "M-2, P" Planned Industrial District, located north of 2871 Independence Avenue. Western gave Staff report. Condon asked if the existing 18,000 cubic feet going to be move to the new site. Western stated that they will move what can be ground and placed in the former mill race. Shimp asked if there will be any other issues from other agencies. Schroeder stated that at this time we are certain that we have covered all the requirements necessary. It was moved by Shimp, seconded by Chizek, to approve the request for a special permit to allow for the establishment of a yard waste facility, within an "M-2, P" Planned Industrial District, located north of 2871 Independence Avenue. Motion carried unanimously. 3. Request by Stuxture Architecture on behalf of Hawkeye Community College for a special permit to construct a multi-purpose educational facility within a "C-3" Central Business District, located at the intersection of West 1st Street and Jefferson Street. Andera gave staff report. Reisinger asked about the site being in the floodplain. Andera explained there are no special requirements for constructing in the 500 Year Flood Plain. Chizek mentioned that the area floods when there are heavy rains. Andera explained that there are plans to build a new pump station in the area to prevent the flooding. Dan Channer of Struxture Architecture was present. Shimp asked of the existing sidewalks would stay. Channer stated that they would stay. Reisinger asked about the location of the pumps and when they would be installed. Andera stated they would be placed to the north of the site in 2018. Chezek asked when construction would start. Channer stated construction will begin next spring 2018. It was moved by Chizek, seconded by Shimp, to approve request by Stuxture Architecture on behalf of Hawkeye Community College for a special permit to construct a multi-purpose educational facility within a "C-3" Central Business District, located at the intersection of West 1st Street and Jefferson Street. Motion passed unanimously. 4. Request by Donald and Constance Lubbert for a variance to expand a legal non- conforming business to construct a 10' X 12' shed and install 8' solid fencing for an outdoor storage area in an "R-2" One and Two Family Residence District, located at 1256 Garden Avenue. Andera gave staff report. Reisinger asked if there was a house on the site. Andera explained that there is not. Joan Block a property owner to the east of 1256 Garden Avenue. Ms. Block stated that she does like the idea of a fence but is more concerned about the all the employee parking along both sides of the street, construction debris, porta pottie in front yard, and the existing building is lowering her property values. Reisinger asked how would we know what's behind the fence. Schroeder stated staff recommends that the outside storage be within the fenced in area and would not regulate the fenced in area. Schroeder also stated that staff struggled with request however; staffs 4 year temporary variance is better in end as the non -conforming use will go away after 4 years. If the request is not approved the non -conforming use could remain indefinitely. The applicant Don luppert stated that the site did get a little messy but they have 2 Page 214 of 247 BOARD OF ADJUSTMENT September 27, 2016 Minutes since cleaned it up. The applicant stated he has been a good neighbor over the 24 years and will continue to be so just for 4 more years until he retires. Reisinger asked if after 4 years and the business does not shut down what are staffs options. Schreoder stated he would be in violation and could be shut down if an extension was not granted. It was moved by Goldsberry, seconded by Chizek, to approve a variance to expand a legal non- conforming business to construct a 10' X 12' shed and install 8' solid fencing for an outdoor storage area in an "R-2" One and Two Family Residence District, located at 1256 Garden Avenue subject to the following condition(s): 1. That the non -conforming use is able to continue for a temporary timeframe of four years, and after that four year timeframe is expired, the applicant then has a timeframe of one year to demolish the building and all other structures upon the site to bring the property into conforming status with the underlying zoning district. 2. That the proposed fence be a treated wood fence, matching fencing typically found associated with a residential use. 3. That storage of vehicle and equipment is restricted to the area enclosed by the fence, and that no storage of junk or salvage materials or vehicles shall occur on the property. 4. That once the structures have been removed, the applicant properly seeds the site and brings it to an appearance that is commonly found in a residentially zoned area. Motion passed unanimously. 5. Request for a variance to the home occupation regulations to allow for more than 25% of the dwelling be utilized for the home occupation, a variance to allow for 12 square feet of wall signage and 4 square feet of yard signage for a total of 16 square feet of signage, 14 square feet more than allowed for a home occupation and a variance to the required 5' setback to allow for a 0' setback, 5' less than required, within a "R-2" One and Two Family Residence District at 1122 Baltimore Street. Miller gave staff report. Chad Mannon who lives next door said that he did not have a problem with the request. Reisinger stated that some of the problem with the request to have a 0' setback is that fire fighters with equipment would have a hard time maneuvering around the property during a fire. Condon asked if staff is asking if we were requiring a fire wall for the 3' setback. Schroeder explained that the fire wall requirement comes from the Building Inspections Department and is not sure if the fire wall would be required for the 3' setback. Maria Mannon (the applicant) explained that she needs the 0' setback so that the garage door would line up with the driveway when the change the shop into a garage by adding an overhead garage door. Goldsberry asked for clarification on why the driveway won't line up with garage. Schroeder further explained the applicants concern as to why the door future door would not line up with the driveway. Schroeder also explained the 0' lot line is a concern for staff as the shop addition may not have a overhang which will dump rain water directly onto the neighboring property which is a violation of code. Or the shop will have a hangover and it will encroach into the neighboring property creating cloud on title and would make it difficult to sell the property in the future. Chris Mannon (applicant's son) stated that the existing shop has a 6" overhang with gutter that does not encroach onto the neighboring property and the new shop will line up exactly the same. Shimp asked the applicant if the 3' setback would work. Chris Mannon stated they would have to cut down severely on the garage doors in the future to get cars in inside. Goldsberry asked if the sunroom could be moved. The applicant did not think that it could be and would make the future addition of garage doors very difficult and there is a large pine tree in the way. Reisinger asked would requiring the 3' setback would kill the project. Chris Mannon stated the yes; the shop would not be able to be converted into a garage in the future. There was 3 Page 215 of 247 BOARD OF ADJUSTMENT September 27, 2016 Minutes discussion of possibly utilizing the alley. Chris Mannon stated that they could use the alley for access in the future. Schroeder indicated that there is no guarantee that the alley will remain due to the development planned at Baltimore field and those details still need to be worked out. Goldsberry recommended making adjustments to the sun room then the board could vote on the variance request to have a 3' setback. The applicant agreed with the suggestion. Schroeder discussed the Home Occupation Sign Regulations stating there are some concerns by staff regarding the freestanding sign. Goldsberry asked if the freestanding sign can be attached to the house. Maria Mannon said it would be better visibility for customers to find her. The applicants stated that they would move the sign and attach to the house and reduce the size of the to the maximum 2' x 2' wall or window mounted signage. It was moved by Goldsberry and seconded byShimp to approve the request for a variance to the home occupation regulations to allow for more than 25% of home occupation of the dwelling be utilized for the home occupation but not to exceed576 square feet, and a variance to the required 5' setback to allowfora 3'setback 2'less than required, within a 'R-2" One and Two Family Residence District, and to deny the variance request to allow for 12 square feet of wall signage and 4 square feet of yard signage fora total of 16 square feet ofsignage, 14 square feet more than allowed fora home occupation at 1122 Baltimore Street. Motion passed unanimously. IV. Discussion There was no further discussion. V. Adjournment It was moved by Shimp, seconded by Condon, to adjourn the meeting at 5: 25p.m. Motion carried unanimously. Respectfully submitted, Chris Western, Planner II/Brownfield Coordinator 4 Page 216 of 247 MINUTES OF THE WATERLOO BOARD OF ADJUSTMENT REGULAR MEETING HELD ON SEPTEMBER 27, 2016 IN THE HAROLD E. GETTY COUNCIL CHAMBERS, CITY HALL Chairperson Reisinger called the regular meeting of the Waterloo Board of Adjustment to order at 4:00 p.m. Board members in attendance were: Reisinger, Goldsberry, Shimp, Chizek and Condon. Staff in attendance was: Western, Schroeder, Dornoff and Hyberger, and Andera. I. Approval of the Agenda for October 25, 2016. It was moved by Shimp, seconded by Goldsben y, to approve the agenda. Motion carried unanimously. II. Approval of the Minutes of the Regular Meeting on August 23, 2016 and the September 27, 2016 Minutes It was moved by Condon, seconded by Shimp to approve the minutes of the August 23 and September 27, 2016 Regular Meeting as submitted. Motion carried unanimously. III. Decision Items 1. Request by Dave Christopherson for a variance to the front yard set -back regulations in the "R-1" One and Two Family Residence District to allow for a 3' set -back along Kempston Circle for the construction of a 20' x 30' detached garage at 4381 West 4th Street. Western Gave staff report. The applicant reiterated that he need the variance due and utility easement in the rear of the house and the property has a severe slope to the east of the property and would require a significant amount fill. It was moved by Chizek, seconded by Goldsberry, to approve the request by Dave Christopherson for a variance to the front yard set -back regulations in the "R-1" One and Two Family Residence District to allow for a 3' set -back along Kempston Circle for the construction of a 20' x 30' detached garage at 4381 West 4th Street. the request for a Motion carried unanimously. 2. Request by Surinder Singh Sood for a variance to have an alcohol sales use in an overlay district and a variance to have an alcohol sales use in a building that has a drive up window located at 200 Broadway Street. Schroeder gave staff report. Reisinger asked for clarification on the request. Schroeder explained that if the board does not approve the site to have liquor then no action is needed to have a drive up window as the window is allowed as long as there are no alcohol sales through the window. The applicant explained that the selling of food is not working and is losing money and would like to sell alcohol but not through the window. Condon asked if the board would approve the site to have liquor would City Council have to vote on the request. Schroeder stated that yes council would have to vote on the request and as long as all of the appropriate agency signed off on the request council would have to approve as a not vote would likely be overturned. Condon asked if the applicant did have a drive up window could he have a license. Schroeder stated that with the overlay district no off premise consumption licenses are allowed; but the applicant could have a limited alcohol license such as a restaurant. Shimp asked how this request is different than the request by the grocery Page 217 of 247 BOARD OF ADJUSTMENT August 23, 2016 Minutes store located on Linn Street. Schroeder stated that was a legal non -conforming convenience store and not in an overlay district. Councilman Bruce Jacobs spoke on behalf of the applicant stating that the applicant currently operates a convenience store with a drive up window with now violations. Jacobs explained that the former operator of the site that was leased out was not a responsible operator therefore the lease was terminated. He also stated that the applicant provides a service to the area that has a lot of foot traffic by selling food; however when patrons realize there is no alcohol available the leave the store. Councilman Pat Morrisey stated that there are too many liquor stores in the area and the applicant gave up the liquor license so that the end of it. Granting a variance runs counter to the people of the area that do not want more liquor stores in the area. Morrissey asked that the board consider the people first over business. Condon asked for clarification on the hand out submitted by applicant that listed other convenience stores with drive - up windows, Schroeder explained that there are referring to three existing convenience stores that sell liquor with drive up windows. The existing stores are allowed to keep the windows but under the overly district are not allowed to sell alcohol from there windows. New or existing alcohol sales uses are not allowed have drive -up windows regardless of if the owner does not desire to sell alcohol from the window. Jacobs stated that there are no objections on file for this request. Dave Chillcoat stated the previous owner of the business did not keep dumpsters close and had garbage blowing throughout the neighborhood and he is tired of picking it up. He was okay with and on site consumption alcohol sales use but no drive up window. It was moved by Golsberry, seconded by Chizek, to deny the request for a variance request by Surinder Singh Sood for a variance to have an alcohol sales use in an overlay district and a variance to have an alcohol sales use in a building that has a drive up window located at 200 Broadway Street for the following reasons: The request would appear to have a negative impact on the area. The request could set precedent allowing similar uses to request reclassification as non -limited. There does not appear to be a lack of reasonable return (use) for the property, as a limited alcohol sales use can continue to operate from the location. Motion carried unanimously. IV. Discussion There was no further discussion. V. Adjournment It was moved by Shimp, seconded by Condon, to adjourn the meeting at 4: 40p.m. Motion carried unanimously. Respectfully submitted, Chris Western, Planner II/Brownfield Coordinator 2 Page 218 of 247 MINUTES OF THE WATERLOO BOARD OF ADJUSTMENT REGULAR MEETING HELD ON NOVEMBER 22, 2016 IN THE HAROLD E. GETTY COUNCIL CHAMBERS, CITY HALL Chairperson Reisinger called the regular meeting of the Waterloo Board of Adjustment to order at 4:00 p.m. Board members in attendance were: Reisinger, Goldsberry, Shimp, Chizek. Abesent: Condon Staff in attendance was: Western, Dornoff, Hyberger and Andera. I. Approval of the Agenda for November 22, 2016. It was moved by Shimp, seconded by Goldsben y, to approve the agenda. Motion carried unanimously. II. Approval of the Minutes of the Regular Meeting on October 25, 2016. It was moved by Shimp, seconded by Goldsben y to approve the minutes of the October 25, 2016 Regular Meeting as submitted. Motion carried unanimously. III. Decision Items 1. Request by Campbell Supply for a sign variance to allow for the replacement of an existing 12' X 48' 3mm poly -metal sign, with a new 12'X 48' 3mm poly -metal sign located at 325 West 11th Street. Hyberger gave the staff report. Goldsberry asked for verification on whether the request was approved by Highway 218 Corridor Design Review Board. Hyberger stated that yes it was. It was moved by Chizek, seconded by Goldsberry, to approve the request by Campbell Supply for a sign variance to allow for the replacement of an existing 12' X 48' 3mm poly -metal sign, with a new 12'X 48' 3mm poly -metal sign located at 325 West 11th Street. The request for a Motion carried unanimously. 2. Request by Dorothy Spates to have a 6' privacy fence in the front yard located at 520 Elm Street. Hyberger gave the staff report. Chizek asked what is defined as the front yard. Hyberger reviewed the definition of a front yard. Goldsberry ask for clarification on how the fence was installed before getting a variance. Hyberger stated the permit was approved in error. The applicant stated that it's not fair that she has to remove when she was given a permit. There is another fence in the area that no one complains about and this is just another way for the police to harass her. She also stated that her house has been shot at and needs the fence for protection and that she does daycare at the property. Reisinger explained that the fence is technically 8' due to the fence being installed on top of 2 rows of cinder block; so the fence really needs to be lowered to 4'. The applicant stated that she is being harassed. Goldsberry stated that the ordinance states the fence can only be 4' and we are volunteer board that enforces the rules so it has nothing to do with the Spates family. The applicant asked if she could get reimbursed for the fence since the city made the mistake. Western stated that the Planning office typically waives the filing fee when staff makes a mistake. It was moved by Shimp, seconded by Chizek, to deny the request for a variance request to have a 6' privacy fence in the front yard located at 520 Elm Street. Motion carried unanimously. Page 219 of 247 BOARD OF ADJUSTMENT November 22, 2016 Minutes 3. Request by Teri Fruchtenicht to convert and existing illegal six-plex to a duplex on a property zoned "R-3" Multiple Family Residence District located at 428 Center Street. Dornoff gave staff report. Shimp asked what the size of the parking lot was in the rear of the property. Dornoff stated that there would be enough space to meet the minimum of 4 parking spaces. The applicant stated that she would be okay with hard surfacing the parking area as long as it does not cost too much. If it does she is intending on converting it back to a single family home. It was moved by Goldsberry, seconded by Shimp, to approve the special permit and variance to convert an existing illegal six-plex to a duplex on a property zoned "R-3" Multiple Family Residence District located at 428 Center Street. Motion carried unanimously. 4. Request by Doug Petersen for a variance to build a 10' x 13' car port 2' 8", from the side property line, 4" short of the required 3' side yard set -back for detached accessory structures located at 619 Evergreen Avenue. Western gave staff report. Reisinger asked about the complaint from a neighbor across the alley claiming the applicant is driving onto his property to park his camper. The applicant stated he doesn't understand why he keeps accusing him of this because he does not do that. Goldsberry asked the applicant how long his camper is and the applicant stated that it was 15 feet. Goldsberry stated that there should be plenty of room to maneuver a 15' camper without driving on to the neighbor's yard. It was moved by Chizek, seconded by Shimp, to build a 10' x 13' car port 2' 8", from the side property line, 4" short of the required 3' side yard set -back for detached accessory structures located at 619 Evergreen Avenue. Motion carried unanimously. Discussion There was no further discussion. IV. Adjournment It was moved by Shimp, seconded by Goldsben y, to adjourn the meeting at 4: 40p.m. Motion carried unanimously. Respectfully submitted, Chris Western, Planner II/Brownfield Coordinator 2 Page 220 of 247 MINUTES OF THE WATERLOO BOARD OF ADJUSTMENT REGULAR MEETING HELD ON DECEMBER 27, 2016 IN THE HAROLD E. GETTY COUNCIL CHAMBERS, CITY HALL Chairperson Reisinger called the regular meeting of the Waterloo Board of Adjustment to order at 4:00 p.m. Board members in attendance were: Condon, Reisinger, Goldsberry, and Shimp. Absent: Chizek. Staff in attendance was: Western, Dornoff, Hyberger and Schroeder. I. Approval of the Agenda for December 27, 2016. It was moved by Shimp, seconded by Goldsben y, to approve the agenda with the amendment adding a fourth item to select a new Chairperson and Vice -Chairperson for the term ending December 31, 2017. Motion carried unanimously. II. Approval of the Minutes of the Regular Meeting on November 22, 2016. It was moved by Shimp, seconded by Goldsben y to approve the minutes of the November 22, 2016 Regular Meeting as submitted. Motion carried unanimously. III. Decision Items 1. Request by Signs and Designs on behalf of Walnut Ridge Baptist Church for a variance to allow for a 2'7" x 13' 3" self -illuminating monument sign in the "R-3" Multi -Family Residence District located at 1307 Ridgeway Street. Western gave staff report. Goldsberry asked for verification as to whether the church is located on Walnut Street or Walnut Ridge; Western stated the street is Walnut Ridge. Condon asked how all of the digital signs got installed if they are not legal. Schroeder explained that there appears to have been a miscommunication on the interpretation of the sign ordinance and that there was discussion as to whether to change the ordinance or make digital signs go through the variance process; it was decided to have the signs in zoning areas that do not allow these types of signs go through the variance process so that they can be reviewed case by case. Mason Fromm Signs and Design srepresenting the church explained that the old sign was harder and more expensive to continue to repair. Also he explained that the new sign has capabilities for producing smooth transitioning message so as to not create problems from nearby neighbors and passing traffic. Goldsberry ask how long the sign had been down; Fromm stated the sign had been down since September. It was moved by Condon, seconded by Shimp, to approve the request by Signs and Designs on behalf of Walnut Ridge Baptist Church for a variance to allow for a 2'7" x 13' 3" self -illuminating monument sign in the "R-3" Multi -Family Residence District located at 1307 Ridgeway Street. 2. Request by Grand Investments. LLC. for a variance to the minimum parking requirements to allow for 178 parking stalls. 78 short of the required 256 parking stalls for Phase I and II of the Grand Crossing Development located in the "C -P" Planned Commercial District located at 21 West Jefferson Street. Hyberger gave the staff report. Reisinger asked if the city requires that sufficient parking be shown on the plat. Schroeder stated that there is a checklist which includes parking that is reviewed prior to issuance of a permit and all parking was accounted for during the review process. Reisinger stated that parking is very important for orderly development and it is rare to have only one person and one car in Page 221 of 247 BOARD OF ADJUSTMENT December 27, 2016 Minutes a one bedroom unit. Also if we continue give variance to allow for development to not meet the minimum parking requirements and the amount of parking asked to be eliminated will cause a problem particularly for the area the project is located. Condon asked if there are any plans for the MET Transit parking lot. Schroeder stated he has no knowledge of any plans but stated that the original use for the parking lot was for a park and ride system. Condon asked what assurances do we have that the MET parking lot would be available for use by the Grand Crossing Development. Schroeder stated that the applicant is present and he may be able to address that question better. Schroeder also explained that the city's parking ordinance in general works well for most situations as it requires a minimum number of stalls except perhaps during peak times. Also Planned Zoning districts with for larger developments allows for more flexibility and cross utilization of parking areas base on peak times. Reisinger stated that technically the 88 stalls are perhaps available however, we don't know if arrangements made with other parking lots owned will always continue to be available. The applicant Brent Dahlstrom commented that this project has been long in the works and was designed by Vandewall and Associates and WDC as a part of the Downtown Master Plan. The original plan had two bedrooms which would have created the same parking needs. We dropped some of them down to one bedroom and feel that yes sometimes there are two people that may share a one bedroom and have two cars but that is not always the case. Goldsberry asked the applicant if the commercial tenants will have their own parking. Dahlstrom stated that there is discussion on providing designated spots for the medical tenant; however the end tenants are primarily drive through and most of the residential tenants would be gone from 8 to 5 so there would enough parking for the commercial tenants. Shimp asked if the applicant had tried to purchase the MET parking lot. Dahlstom said they have reached out to MET but they have not responded. Goldsberry asked how many spots are there underground; Dahlstrom stated that there are 91 total for both phases. Shimp asked if there an estimate how many parking stall phase 3 will allow for. Dalhstrom stated it's hard to tell as the site has testing wells on it and the phase 3 building will be designed around the wells and the remainder will be parking. Goldsberry stated that the board is concerned with stated a precedent and asked what happens if phase 3 does not allow for the appropriate amount of parking are we going to see another parking variance request. Dahlstrom stated if phase 3 needs to become parking than that's what will happen because I want the project to be right as this is a high end development with 30 million dollars invested. Discussion ensued, with Goldsberry stating she would support the request. Reisinger stated that asking to be a few stalls short is one thing but being approximately 30% short of the required minimum is another. Goldsberry asked do they really need the minimum due to that the commercial tenants hours being 8 to 5 p.m. Reisinger asked what happens down the road when there are new tenants that located there that have different hours such as a bar. Dahlstrom stated that downtown business are not required to have off street parking and his project is just outside the "C-3" District but is a downtown project and in retrospect we maybe should have done a change of zoning but thought that since it was in the development agreement he thought we were on the same page. It was moved by Goldsberry, seconded by Shimp, to approve the request by Grand Investments, LLC, for a variance to the minimum parking requirements to allow for 178 parking stalls, 78 short of the required 256 parking stalls for Phase I and II of the Grand Crossing Development located in the "C -P" Planned Commercial District, located at West 21 Jefferson Street. Motion carried 3-1 with Reisinger voting no. 3. Request by Wallace Investment Group, LLC for a special permit to convert a single-family home into a duplex located at 3836 W 4th Street Hyberger gave staff report. Reisinger asked if the applicant is considering building new multi -family units on the large tract of land that the home sits on. Schroeder stated that they are considering it. 2 Page 222 of 247 BOARD OF ADJUSTMENT December 27, 2016 Minutes It was moved by Shimp, seconded by Goldsberry, to approve the request by Wallace Investment Group, LLC for a special permit to convert a single-family home into a duplex located at 3836 W 4th Street. Motion carried unanimously. 4. Selection of new Chair and Vice Chairperson It was moved by Reisinger and seconded by Goldsberry to appoint Shimp as the new Chairperson. Motion passed unanimously. It was moved by Shimp and seconded by Goldsberry to appoint Reisinger as Vice Chairperson. Motion Passed unanimously. Discussion There was no further discussion. IV. Adjournment It was moved by Shimp, seconded by Goldsberry, to adjourn the meeting at 4: 54 p.m. Motion carried unanimously. Respectfully submitted, Chris Western, Planner II/Brownfield Coordinator 3 Page 223 of 247 CITY OF WATERLOO Council Communication Historic Preservation Commission minutes of December 13, 2016, January 17, 2017, February 2, 2017 (special meeting); February 21, 2017, March 21, 2017, and Apri128, 2017. City Council Meeting: 6/5/2017 Prepared: REVIEWERS: Department Reviewer Action Date Planning & Zoning Schroeder, Aric Approved 5/31/2017 - 10:09 AM Clerk Office Higby, Nancy Approved 5/31/2017 - 10:29 AM ATTACHMENTS: Description Type ❑ HP minutes 12/13/16 Cover Memo ❑ HP minutes 1/17/17 Cover Memo • HP minutes (special mtg) 2/2/17 Cover Memo • HP minutes 2/21/17 Cover Memo • HP minutes 3/21/17 Cover Memo Ca HP minutes 4/18/17 Cover Memo SUBJECT: Submitted by: Historic Preservation Commission minutes of December 13, 2016, January 17, 2017, February 2, 2017 (special meeting); February 21, 2017, March 21, 2017, and April 28, 2017. Submitted By: Page 224 of 247 WATERLOO HISTORIC PRESERVATION COMMISSION REGULAR MEETING - December 13, 2016- 4:30 P.M. Council Chambers, City Hall Ottesen called the regular meeting of the City of Waterloo Historic Preservation Commission meeting to order at 4:40 p.m. Commission Members in attendance were: Ottesen, Jensen, Orlando, Stevens and Jaacks Commission Member(s) absent were: Linda and Price. Others Present: Pat Morrissey City Council representative, Jerome Amos City Council, and John Dornoff — Planning Staff Approval of Agenda Motion made by Jensen, seconded by Orlando to approve the agenda of the November 15,2016 regular meeting with an amendment to talk about the Survey. Motion carried unanimously. Approval of Minutes Motion made by Orlando seconded by Jaacks to approve the minutes of the October 18, 2016 with amendments. Motion carried unanimously. Hearings No Hearings Reports 1. Main Street Now that Winter Wonderloo is over, there is nothing planned for the district until February or March except for taking down Christmas decorations after the holidays. 2. Silos and Smokestacks. No Report from Silos and Smokestacks 3. Grout Museum Morrissey reported that tomorrow (December 14th) that the Grout Museum will be reviewing and voting on their strategic plan. They are also encouraging donations since there is a perception that the Grout doesn't need donations anymore because of other funding but they still do. 4. Rath Administration Update The state has concerns about the developer of the project; Tim Andera and Noel Anderson hope to have more information by next month. 5. Mount Moriah Missionary Baptist Church -1- Page 225 of 247 Dornoff reported that he sent of the application to have the Mt. Moriah church nominated as most endangered property for 2017. Dornoff felt that the church would have a good chance of making the list for this year on the state level although there is little chance of it getting onto the national list. Discussion Items/Possible Actin Items 1. Chairperson/Vice Chairperson It was moved by Orlando, seconded by Jenson to nominate Ed Ottesen to continue serving as Chairperson of the Historic Preservation Commission for 2017. Motion carried unanimously. It was moved by Stevens, seconded by Jenson to nominate Katie Orlando as Vice -Chairperson for the Historic Preservation Commission for 2017. Motion carried unanimously. 2. CLG Annual Report Every year the city has to send in a report to the State Historic Offices to keep their Certified Local Government status. Dornoff gave paperwork for Jenson and Jaacks to fill out as new members of the commission but otherwise the report is looking good. 3. Annual Awards Banquet Need to make sure public officials are invited to the Awards Banquet this year as the mayor and others were not last year. Discussion then turned to ideas for the banquet with a general date of May 4th Orlando talked about a new position that has been created that is joint with Big Brothers and the school district that may be able to help us. One idea to get young people involved in historic preservation would be to have a photography contest and announce winners at the banquet. Can come up with guidelines by January meeting and be able to give them to teachers by February 1St The banquet has been at the Boathouse the last couple of years but if we do the photography contest would the Library or the Center for the Arts be a more appropriate place to stage it? 4. Walnut District, Funding, and Other Discussion JSA has asked the city to work on doing a survey on the Walnut District to preparation to apply for National Register status. Stevens noted that the Walnut area where many of the professional African- American population lived and worked. There is also a new Walnut Neighborhood Association and some of their people may be in favor of creating the historic district. JSA has been negotiating to purchase several of the troubled properties in the area including 519 E 3rd. If an agreement cannot be worked out with JSA several buildings will most likely see the bulldozer and that will be the end of any Walnut Historic District. Orlando and Ottesen met with the Community Foundation today and one of their priority areas for funding is now historic preservation. They having a funding grant opportunity coming up early in 2017 and the Walnut District project would be an excellent pilot to doing a survey of the entire city, which the Community Foundation would like to see. They are looking to be in an advocate roll and looking to get the commission additional donations. The commission would need to find a 501(c)3 organization to partner with on the project. -2- Page 226 of 247 Amos said the commission needs to go to the mayor and work with other members of the city council that could be favorable to the commission such as Tom Powers. Amos said that historic preservation has not been on his radar but it is now after having talks with Charles Pearson it is. Another idea floated was having an informational session with developers about historic tax credits. Dornoff can contact Paula Mohr about potential speakers. Motion made by Orland, seconded by Stevens to apply for Community Foundation Grant. Motion passed unanimously. Over the next month, the commission will work with contacting organizations such as the Walnut Neighborhood Association, Church Row Historic Neighborhood Association, Churches in the Triangle area, and the Grout Museum. In the meeting with Mayor Hart and Noel Anderson, it was suggested that the Historic Commission create an information -filled website where people can find out about historic districts and look up ordinances, which will fit into the cities upcoming revamped website. Dornoff mentioned that no decision has been made about a Facebook page as the mayor and staff are considering issues of ownership and postings including the fear of inappropriate postings. Adjournment Ottesen adjourned the meeting at 6:15 p.m. Respectfully submitted, John Dornoff Planner I -3- Page 227 of 247 WATERLOO HISTORIC PRESERVATION COMMISSION REGULAR MEETING - January 17, 2017- 4:30 P.M. First Floor Conference Room, City Hall Ottesen called the regular meeting of the City of Waterloo Historic Preservation Commission meeting to order at 4:35 p.m. Commission Members in attendance were: Ottesen, Jenson, Stevens, and Price. Commission Member(s) absent were: Jaacks, Orlando and Price. Others Present: John Dornoff — Planning Staff Approval of Agenda Motion made by Jenson, seconded by Stevens to approve the agenda of the January 17, 2017 regular meeting with an amendment to add presentation and q&a with Tom Wickersham of the Community Foundation. Motion carried unanimously. Approval of Minutes Motion made by Stevens seconded by Price to approve the minutes of the December 13, 2017 with amendments. Motion carried unanimously. Hearings No Hearings Special Presentation by Tom Wickersham of Community Foundation Tom Wickersham from the Community Foundation of Northeast Iowa was present to give more information about the possibilities for the HPC and the Community Foundation to work together. The foundation works with 1 -person non -profits up the major organizations. The organization can also serve as a back office for funding campaigns. The Community Foundation can act as a catalyst to brig others to the table. One idea would be to create a fund for ongoing efforts and the HPC being an advisor to that fund. Wickersham discussed that are several ways that the commission could get funding including through the regular grant funding opportunities with the Foundation. However, each organization can only apply once and since the HPC is part of the city, the commission cannot apply if the city does. However, the commission can partner up with a 501(c)3 who can apply for the grant. There is also Metro Funders is a loose knit group of funders that can be a source of funding. Wickersham also speculated that it would save money to do a city wide survey than doing one area at a time although another idea would be to do a pilot project before moving on to other areas, possibly with a contract with options to allow for the other areas. Estimates on doing the citywide survey would be about $1 million although that does not take into account any savings from economies of scales. -1- Page 228 of 247 Wickersham also pointed out that doing the citywide survey be used to create civic pride and bring the whole city on board about the importance of this project. Ottesen mentioned teaming up with another organization such as the Grout to do a grant application. Price mentioned that the Church Row neighborhood was trying to become a 501(c)3 non-profit and Dornoff stated that they mentioned in the Planning and Zoning Commission meeting last week that they did have it. Another possible organization would be the Cedar Valley Historical Society. Jenson asked if the commission could contact those that have been successful getting grants in order to help the commission get one. Wickersham stated that it was his job to help the commission apply for the grant and help with the process. Also, look at smaller projects such as the upcoming awards ceremony. It was also mention that on Thursday January 19 at 6:OOpm there is going to be a meeting at the Center of the Arts to help the neighborhood associations. There is more meetings set up in February and March. Reports 1. Main Street No major events planned until March although Main Street Waterloo is looking for an office assistant. 2. Silos and Smokestacks. No Report from Silos and Smokestacks 3. Grout Museum Ed willing to go to the meetings of the Grout board and talk to them about the plans for surveys, awards ceremony and asked what specific things do we need from Grout? 4. Rath Administration Update Tim Andera has been in contact with the developer who apparently is in litigation with the state over tax credits. Discussion Items/Possible Actin Items 1. Mission/Vision/Goals Decided to have a dedicated goal -setting meeting and the consensus was that Thursday's would work the best for everyone. It was decided that Dornoff would email those not present today and see if January 26 would work for everyone and then set up a place to meet such as the library. 2. CLG Annual Report -2- Page 229 of 247 Dornoff reported that the CLG annual report is progressing; he just needs paperwork from Rick Jacks. 3. Annual Awards Banquet With the annual awards banquet coming up need to have an announcement in the paper asking for nominations for the awards. Decided that a April 1st deadline would work best and for the commission to have ideas for awards by the March meeting. 4. Developer Tax Information Seminar Dornoff said that Paula Mohr and her staff would be more than willing to present at a seminar but he noted that Rick Jaacks and Community Bank are also looking to have one. 5. Survey/Website/Facebook Dornoff said that he has not heard whether the HPC is going to be allowed to have a Facebook page due to concerns about posting and ownership. The city is still working on a new website which is supposed to have a section for the HPC that is supposed to be a one stop shop for all historic information in the city. 6. Most Endangered Building List Dornoff had a list of suggested properties for a city most endangered properties list and it was decided to add the Rath Administration building and 519 E 3rd to the list. 7. Walnut District Dornoff said there was no new information on the buildings in the district that JSA is looking to purchase. Work with making contact with the new Walnut association. 8. Cultural Trail Dornoff said that the city did not get the grant for the African-American trail, the grant application had to be rushed to meet deadline. 9. Research Dornoff showed maps of the Triangle area that show how land is used, the age of buildings, and the ownership. 10. Other Discussion Dornoff mentioned an email he had sent out last week mentioning a grant for historic sacred places. Stevens said she would try to get ahold of the Holme's that own the Mt. Moriah Baptist Church to see about getting a grant application for them. Adjournment Ottesen adjourned the meeting at 5:45 p.m. Respectfully submitted, -3- Page 230 of 247 John Dornoff Planner I -4- Page 231 of 247 WATERLOO HISTORIC PRESERVATION COMMISSION Special Meeting — February 2, 2017— 4:30 P.M. Mollenhoff Conference Room, City Hall Ottesen called the special meeting of the City of Waterloo Historic Preservation Commission meeting to order at 4:35 p.m. Commission Members in attendance were: Ottesen, Jenson, Jaacks, and Price. Commission Member(s) absent were: Orlando, Stevens, and Linda. Others Present: John Dornoff, Adrienne Miller, Chris Western — Planning Staff; Noel Anderson - Community Planning & Development Director; Pat Morrissey — City Council Representative. Goal Setting Special Meeting Basics of Goals • Goals need to be S.M.A.R.T. S — Specific M — Measurable A — Have Accountability R — Reasonable T - Have a time period Mission Statement • Ottesen read the mission statement from the HPC binder • Discussion on whether the statement is enough • Price asked if the commission actually works with citizens. • Anderson talked about the new agreement with Walnut and noted that historic preservation is part of their goal. • Should the committee work on getting more incentives from the federal, state, and local level? • Morrissey talked about the changes in buildings such as porches that need to be reversed and can something be done about those. • Anderson discussed illegal splits, and what the city has done to take care of that problem. Waterloo is also number one in 657As which is the city taking over abandoned properties. • Morrissey asked about a low-interest loan fund to protect and save homes. • Anderson also said that the commission needs to have a specific project if it is going to ask for funding • Ottesen mentioned that one of the cities in the packet talked about having a small fund for yearly operations. Creating Partnerships and Alliances: • Ottesen noted that he would be talking to the Grout board about partnerships. • What are the end objective of creating these alliances? • What are some other organizations to partner with? -1- Page 232 of 247 o Library, Neighborhood Associations, UNI, Cedar Valley Historical Society, Relators, Cedar Valley Alliance, and Banks • Anderson explained after the Rath Bankruptcy the city had a loan fund, while primarily focused on small business it also helped homeowners. He also noted that the fund was in the green and with loans being paid back but the city took the funding. Anderson also noted that it would not be a problem for the commission to create alliances. Goal Idea: In the coming year the commission should identify organizations for alliances and create one or two per year. Identifitv, Evaluate & Protect: • Should focus for now on Church Row, Triangle, and Walnut • Church Row is meeting the third Tuesday of the month at 6:30pm at the First United Methodist Church at 4t and Randolph. • Anderson noted that the Walnut Neighborhood Study will be updated if CIP is approved so commission should be present at February 27th city council meeting to testify in favor of the budget. Goal Idea: Set a goal of one or two neighborhoods being designated in the next 5 years Education/Communitv Outreach/Communication: • Important part of goal is to communicate with the public • Ottesen mentioned Orlando's plan to have student art contest for this year's awards banquet. • Continue the awards program. • Ottesen also mentioned the article he had published in the Courier o How many articles should we plan on? Every month or every other month? • Educate new council members on the importance of historic preservation. • Should commission have subcommittee to communicate with partners Goal Ideas: To have at least two articles published in the Courier in 2017, to create subcommittee to communicate with partners, and look at schools for support during Historic Preservation Month. Funding: • Develop a relationship with the Community Foundation. They discussed having an account there for contributions. • Work on grant applications. • Anderson mentioned that the city is working on getting more flex funds from nuisance. Anderson also explained the budget process in the city. Goal Ideas: Continue to work on grant applications, work on Community Foundation Relationship, look for other sources of funds. -2- Page 233 of 247 Internal Development: • Dornoff noted that most of the Historic Preservation Goals he looked over had a goal to develop internally which not only meant to educate the commission in addition to creating a pipeline for new commissioners to avoid the problems of the same people having to serve to much and facing burnout. • Paula Mohr from the state said that the commissioners need to have continuing education such as going to conferences. • Should the commission look to other areas to see about examples and other input they would have. Follow up: Jenson will go through the goals and develop them then the commission can create action plans. Ottesen adjourned the meeting at 6:30 p.m. Respectfully submitted, John Dornoff Planner I de/ -3- Page 234 of 247 WATERLOO HISTORIC PRESERVATION COMMISSION REGULAR MEETING - February 21, 2017- 4:30 P.M. First Floor Conference Room, City Hall Ottesen called the regular meeting of the City of Waterloo Historic Preservation Commission meeting to order at 4:35 p.m. Commission Members in attendance were: Ottesen, Jenson, Stevens, Jaacks, Orlando, and Price. Commission Member(s) absent were: Linda. Others Present: Pat Morrissey — City Council Representative and John Dornoff — Planning Staff Approval of Agenda Motion made by Orland, seconded by Jenson to approve the agenda of the February 21, 2017 regular meeting with an amendment to add under discussion that Paula Mohr will be attending the March 21, 2017 meeting. Approval of Minutes Motion made by Jenson seconded by Jaacks to approve the minutes of the January 17, 2017 regular meeting and the February 2, 2017 special meeting. Motion carried unanimously. Hearings Request for a Certificate of Appropriateness to allow for the replacement of a back door and storm door at 219 Highland. Dornoff read the staff report. It was noted that the applicant has tried to find doors that match the originals that are clearly deteriorated from the pictures attached. The doors appear to be keeping with the character of the building. Motion made by Orlando seconded by Price to approve the request as submitted Motion carried unanimously. Reports 1. Main Street Taste of `Loo is March 2nd. Funky Junk -a -loo is March 25 and 26th The refurbishing of the 4th Street Bridge was approved by the city council on Monday February 21st 2. Silos and Smokestacks. -1 - Page 235 of 247 No Report from Silos and Smokestacks 3. Grout Museum Ottesen attended the Grout Board meeting and talked about how the HPC is looking to partner with the Grout. Ed Gallagher of the Grout is interested in being the Grout representative to HPC. 4. Rath Administration Update No updates. Discussion Items/Possible Actin Items 1. Mission/Vision/Goals Jenson handed out a basic set of the goals. Stevens suggested that the commission should add contacting legislative representatives on the importance of historic preservation. Ottesen noted that one of the things discussed in the roundtable is that the state legislature is looking to cut historic tax credits. Next month will look at putting action plans together and if there are any other suggestions for goals let Jenson know. 2. CLG Annual Report CLG report is on the Mayor's desk waiting for his signature. 3. Annual Awards Banquet Annual awards banquet is scheduled for May 4t''. Orlando showed a flyer to give the schools to promote the art project as part of the awards ceremony. There was a good response to the idea of having a school project for historic preservation. Discussion turned about what grades this should be directed at and it was decided to go to elementary school aged children. There was also discussion about prizes with Morrissey saying he would talk to various people about possible prize donations. Dornoff will see if the Center for the Arts will be available for May 4th with May l lt' as an alternative date. Morrissey will also talk to Singlespeed about providing appetizers and drinks for the event. 4. Developer Tax Information Seminar A big thank you to Commissioner Jaacks whose employer Community Bank and Trust put on the roundtable. One big takeaway from the roundtable was that Iowa used to be the poster child on doing historic tax credits but no more and how important it is to contact legislators to insure that the program does not get cut. 5. Funding Morrissey said that he was going to meet with Michelle Weidner and say that Historic Preservation should be given an annual budget of $25,000. -2- Page 236 of 247 Dornoff said that the CIP budget is still going through. 6. Brochure Dornoff explained that he is currently working on a brochure that will promote historic preservation and the needs for it. It is currently a work in progress and may take some time to get totally put together. 7. Most Endangered Building This project is still a work in progress. 8. City Owned Properties/Demo List Dornoff distributed a list of properties that have either been bought by the city or on the city watch list. 9. Walnut District Dornoff and Morrissey mentioned that there is a City Council Hearing scheduled for March 6 for the development agreement between JSA and the city for the four homes in the Walnut area (515 3rd, 519 3ra 516 Pine, and 521 Pine) and encouraged members of the commission to come and testify about the agreement. Dornoff also noted that he and Chris Western walked through 408 Saxton, 312 Clay and 314 Clay with representatives from Habitat for Humanity. The two houses on Clay are very small but there is some new types of projects that Habitat is doing that may work for them so there is progress being made. 10. Website/Facebook The new person hired by the Mayor is going to look at the possibility of having a Facebook page. 11. Paula Mohr Visit Paula Mohr will be at the next meeting on March 7th and asked if there was anything in particular that the commission would like discussed on that day. • Ways of getting developers, etc involved in residential historic properties. • Tips/Pointers for Grants • The low down on trainings • Legislative bills the commission should be aware of • What the commission should be thinking about 3-5 years down the road. 12. Other Discussion Items Dornoff noted that he will have to leave at 5:15pm during the April meeting and will not be at work May 16t'' but will make the meeting but if not will have Miller attends instead. Also will check to see if Miller can help out for the April meeting. Dornoff and Ottesen noted that they will be attending the Church Row Neighborhood Association meeting at 6:30pm. Adjournment Ottesen adjourned the meeting at 5:50 p.m. -3- Page 237 of 247 Respectfully submitted, John Dornoff Planner I -4- Page 238 of 247 WATERLOO HISTORIC PRESERVATION COMMISSION REGULAR MEETING — March 21, 2017— 4:30 P.M. Mollenhoff Conference Room, City Hall Ottesen called the regular meeting of the City of Waterloo Historic Preservation Commission meeting to order at 4:30 p.m. Commission Members in attendance were: Ottesen, Jenson, Stevens, Jaacks, Orlando, and Price. Commission Member(s) absent were: Linda and Orlando. Others Present: Paula Mohr — State of Iowa, Pat Morrissey — City Council Representative and John Dornoff — Planning Staff Approval of Agenda Motion made by Jaacks, seconded by Jenson to approve the agenda of the March 21, 2017 regular meeting. Motion carried unanimously. Approval of Minutes Motion made by Stevens seconded by Jenson to approve the minutes of the February 21, 2017 regular meeting. Motion carried unanimously. Conversation With Paula Mohr There is many grant opportunities coming up and Paula would be happy to look over any of our grant proposals except for the HRPD grant, which she is on the review committee for. CLG grants will need 40% match but that can be with in kind donations in addition to cash. It was noted that the state legislature is looking at getting rid of the refundability of the state tax credit which would hinder non -profits trying to do historic preservation. There is also the possibility that the state tax credit fund will drop from $45 million currently to about $40 million. The certificates for the tax credits could also become first come, first served. In addition, there is also concern on the federal level on what will happen to the historic tax credits. There is a possibility of dropping the tax rate for businesses, which will make the tax credit less worthwhile. Members are encouraged to contact their legislators in both the state and federal levels to inform them about the importance of the tax credits. It was also noted that President Trump has used historic tax credits in the past on his own projects. Ottesen asked about talking points and some of them include that they are good for small business and generate economic development. It was also noted that JSA is depending on the tax credits for the Walnut project or they have an option to back out. In addition low income tax credits have dried up and it is unknown what their future is. Jaacks noted that the tax credits are being sold as an asset and changes in the program could harm that marketplace which also benefits historic preservation. Dornoff mentioned that there will be an RFP going out to survey the Walnut district but it only includes the area south of Argyle. Stevens pointed out that there is a lot of history in the area between Argyle and Dean and it should be researched. In addition Mohr said that it is better to be generous and include a bigger area to let the consultant decide is the best area to cover. Ottesen and Morrissey will talk to Anderson about the change. -1- Page 239 of 247 At least one person from the commission must attend a training session and it is preferred that different people do the trainings. The Iowa Summit will be held in Fort Dodge on June 8-1Ot'' but several members of the commission will not be available, however Stevens will be presenting at the conference. Reports 1. Grout Museum Ed Gallagher was introduced as the new liaison between the Commission and the Grout Museum. 1. Annual Awards Banquet The annual awards banquet will be held on May 4th at the Center for the Arts. Dornoff will send out a menu from the Laughing Tree cafe for the commission to decide what to have for food at the event. JSA will also be willing to provide prizes and badges for all the participants, but they need more details. Dornoff noted that he submitted an announcement to Tim Jamison of the Courier to get nominations for the Awards Banquet and also noted that Jamison asked that they receive information about the award winners quickly because in the past it has been six months before they have been sent anything. Other Discussion: Jenson handed out papers showing the information he has gathered for the Most Endangered building list that could be announced at the awards banquet. Dornoff noted he has a training session at the same time as the next meeting but Adrienne Miller will fill in for part of the meeting. Mohr and Dornoff will be attending the Church Row Historic Neighborhood Association Meeting at 6:30pm. Adjournment Ottesen adjourned the meeting at 5:50 p.m. Respectfully submitted, John Dornoff Planner I -2- Page 240 of 247 WATERLOO HISTORIC PRESERVATION COMMISSION REGULAR MEETING — April 18, 2017— 4:30 P.M. Mollenhoff Conference Room, City Hall Ottesen called the regular meeting of the City of Waterloo Historic Preservation Commission meeting to order at 4:35 p.m. Commission Members in attendance were: Ottesen, Orlando, and Price. Commission Member(s) absent were: Stevens, Jaacks, Linda and Jenson. A quorum was not present. Others Present: Susan Meyerhoff — Applicant for Certificate of Appropriateness; Pat Morrissey — City Council Representative; Adrienne Miller and John Dornoff— Planning Staff Hearing for Certificate of Appropriateness — 234Alta Vista Dornoff read the staff report. There was discussion about the windows since the applicant was looking to replace the windows with vinyl which is discouraged by the Design Guidelines. The applicant noted that several other houses in the area have replaced windows with vinyl which Dornoff and Miller will look into more. Ottesen asked the applicant if she had looked at the price of wood windows and she did not since she thought she be able to put in vinyl. The applicant stated that she will contact her contractor and see about the cost difference with wood windows and Ottesen stated that if there is a big price difference then the commission could look at that. Reports Miller reported that the owner of the Rath building is having issues getting tax credits from the state on his project in Sioux City and that is causing delays getting work done here in Waterloo. Price asked if it was possible to have them secure the building better. Orlando also asked if their 5 years is about up and what will happen then to which Miller said we will have to look into it. Other Discussion: The commission decided that this year's award winners would be Ann Oleson, Singlespeed, AHTS Architects, Laura Hoy, Brad and Holly Cote. Adjournment Ottesen adjourned the meeting at 5:45 p.m. Respectfully submitted, -1 - Page 241 of 247 John Dornoff Planner I -2- Page 242 of 247 CITY OF WATERLOO Council Communication Waterloo Water Works Board of Trustees meeting minutes of May 17, 2017 on file in the Waterloo City Clerk's office. City Council Meeting: 6/5/2017 Prepared: 5/31/2017 REVIEWERS: Department Reviewer Action Date Water Works Mahler, Matt Approved 5/31/2017 - 10:21 AM Clerk Office Higby, Nancy Approved 5/31/2017 - 10:29 AM ATTACHMENTS: Description Type ❑ LEGAL NOTICE OF MINUTES - MAY 2017 Cover Memo SUBJECT: Submitted by: Waterloo Water Works Board of Trustees meeting minutes of May 17, 2017 on file in the Waterloo City Clerk's office. Submitted By:Matt Mahler, General Manager Page 243 of 247 1.41lu VVVII V V IVI IUI I.AV, 1 1 NVIVV, NI VVVI Il. / \IVV 111 ULLV1 I.AUI IVV. 1 VI 11 L111V, V VUIVI IVV Vlly Council Member; Rick Wilberding, Distribution Department Manager; Dennis Clark, General Manager and Matt Mahler, General Manager and Secretary. The Board approved to adopt: the agenda; the minutes of the regular meeting of April 27, 2017; the Monthly Financial Report; the Monthly Revenue and Expense Summary; a motion to receive and place on file the Proof of Publication of the Notice of Public Hearing for the 2017 Pavement Repairs Project; to open the public hearing; to declare the hearing closed with no written or oral objections; a resolution to confirm approval of bid documents, plans, specifications, etc., and to proceed with the project; a motion to receive and place on file the bids as opened on May 16, 2017; a resolution to award the 2017 Pavement Repairs Project contract to B & B Builders & Supply as being the lowest and best bid; a motion to authorize to request proposals for engineering services for the Leversee Road and West Dunkerton Road Water Main Extension Project; a resolution to revise employer's 2017 Pension Plan contribution; and to set the date of next regular Board meeting as Wednesday, June 28, 2017 at 8:00 a.m. Payment of the following bills: Aable Pest Control ABM Janitorial ACCO Unlimited Advanced Systems Al Gordon Plumbing & Heating All Star Plumbing & Heating Aramark Uniform Aspro AWWA BerganKDV Black Hawk County Auditor Black Hawk County Treasurer, MIS Black Hawk Waste Disposal BMC Aggregates Campbell Supply CDW Government Cedar Valley Sportsplex Cedar Valley United Way CenturyLink Charles Schwab Institutional City of Raymond City of Waterloo CliftonLarsonAllen LLP Cogsdale Corp. Community Bank & Trust Courier Communications Crescent Electric Supply Dex Media East DLT Solutions EMA, Inc. Ferguson Enterprises Flowerama Frickson Bros. Excavating Gierke -Robinson Hach Co. Services Services Supplies Services & Software Repairs Repairs Services Supplies Membership Dues & Operator Study Books Consulting Services Water & Sewer Bond Services Services Supplies Supplies Supplies Payroll Deduction Payroll Deduction Services Pension Sewer, Garbage & Yard Waste Sewer, Garbage & Storm Water 2016 Audit CIS Project Services Legal Ad Supplies Services Software Consulting Services Supplies Sympathy Repairs Supplies Supplies 24.25 1,041.50 4,114.40 3,443.87 1,200.00 1,204.25 246.14 1,603.80 383.50 432.00 36,446.95 35.00 104.00 1,476.20 107.06 30.32 306.81 97.50 209.07 46,440.22 26,695.96 1,330,392.35 8,000.00 13, 521.95 390.53 121.73 43.49 32.50 1,046.37 1,550.00 88.09 44.99 6,365.00 87.18 3,543.87 V VIIIIVVII, ✓1IUI1 Karen's Print -Rite Kerns, Steve Keystone Lab Kirkwood Community College Kwik Trip Larson, Travis Mahler, Matthew L. Menards MidAmerican Energy Napa Auto Parts Northland Products Payroll Postmaster PPG Architectural Finishes Professional Office Services Public Employees Credit Union Radio Communications Ratkovich, Mary Refunds Rochester Armored Car Schimberg Co. Schumacher Elevator Co. Sensus Metering Systems Staples Advantage State of Iowa Treasurer Storey Kenworthy Sun Life Financial Swisher & Cohrt, P.L.C. Teamsters Local Union #238 Treasurer, State of Iowa U.S. Cellular United Parcel Service US Dept. of Treasurer USABIueBook Utility Equipment Van Meter Inc. Van Wert, Inc. Voya Financial Waterloo Water Works Wellmark Blue Cross & Blue Shield Wilberding, Rick 1 \VII I IA/NI VVI I IVl ll Supplies Reimbursement Testing Operator Courses Fuel Reimbursement Reimbursement Supplies Gas, Power & Electric Supplies Supplies Postage Supplies Services Payroll Deduction Services Reimbursement Services Supplies Services Supplies & Services Supplies Sales Tax Supplies Insurance Legal Services Payroll Deduction State Tax Services Services Federal Tax Supplies Supplies Supplies Services Payroll Deduction Reimbursement Insurance Reimbursement 9.85 50.00 1,094.00 660.00 3,236.45 50.00 458.79 167.28 28,093.25 28.74 574.00 104,288.86 1,898.00 140.68 9,717.93 9,358.50 126.00 587.00 3,663.22 469.52 26,518.76 508.32 40,267.42 75.98 40,798.00 1,087.56 7,504.33 18.50 1,049.00 12,496.00 42.11 6.90 47,007.29 69.43 16,670.88 49.10 6,832.00 8,004.00 13,779.72 56,150.73 50.00 $1,958,750.26 WATERLOO WATER WORKS ATTEST: Matthew L. Mahler Secretary CITY OF WATERLOO Council Communication Communication from the Neighborhood Services Department on the notice of the conclusion of employment for Perry Goodman, Neighborhood Services Coordinator, effective May 31, 2017 with recommendation of approval of payout of $4,461.80 for unused benefits. City Council Meeting: 6/5/2017 Prepared: REVIEWERS: Department Reviewer Action Date Human Resources Higby, Nancy Approved 5/31/2017 - 3:00 PM Clerk Office Higby, Nancy Approved 5/31/2017 - 3:01 PM ATTACHMENTS: Description SUBJECT: Type Communication from the Neighborhood Services Department on the notice of the conclusion of employment for Perry Goodman Neighborhood Services Coordinator, effective May 31, 2017 with recommendation of approval of payout of $4,461.80 for unused benefits. Submitted by: Submitted By: Page 246 of 247 CITY OF WATERLOO, IOWA To: City Council Members Re: Notice of Severance CITY HALL 715 MULBERRY STREET 50701 Department Nelghorhood Services Today's Date: 5/31/2017 Effective Date: 5/31/2017 Employment Date: 12/18/2000 Job Title/Classification Coordinator This is to report that the employment of Perry Goodman with the City of Waterloo has been severed by reason of: ❑ Retired Disability Related ❑ No ❑ Yes O Resigned O Termination ❑ Other Going on SS & !PERS Disability In accordance with City Policy, it Is requested to allow payment which consists of the following: Benefits Total flours (x) Hourly Rate Total Payout Vacation -Accrued Vacation -Current 172.r $ 31.87 $5,481.64 Usable Sick Leave x 25% Frozen Sick Leave x 6o% Personal Hours 24 $ 31.87 $ 764.88 Comp Time Pay $ - Unscheduled Leave $ - Deduction" -56 $ 31.87 3 (1,784.72) Total Payment $ 4,461.80 Comments: Overused sick hours for FY16 by 56 hours (only earned July -Nov 2015=40 hours, but used 96 hours) 1 Approved by Human Resources Date Date Routing: Original to Human Resources by Department Human Resources will forward original to City Clerk (Copy in Personnel File) Clerk's Office will forward copy of approved form to Department and Human Resources Council Agenda Date: 0 Accruals ❑Status ❑•9 Updated 628/11 Page 247 of 247 CITY OF WATERLOO, IOWA To: City Council Members Re: Notice of Severance CITY HALL 715 MULBERRY STREET 50703 Department Neighorhood Services Today's Date: 5/31/2017 Effective Date: 5/31/2017 Employment Date: 12/18/2000 Job Title/Classification Coordinator This Is to report that the employment of Perry Goodman with the City of Waterloo has been severed by reason of: ❑ Retired Disability Related 0 No ❑ Yes ❑ Resigned ❑ Termination O Other Going on SS & !PERS Disability In accordance with City Policy, it is requested to allow payment which consists of the following: Comments: Benefits Total Hours (x) Hourly Rate Total Payout Vacation -Accrued Vacation -Current 172 le $ 31.87 $5,481:64 Usable Sick Leave x 25% Frozen Sick Leave x 60% Personal Hours 24 $ 31.87 $ 764.88 Comp 77me Pay _..,_..$ Unscheduled Leave $ Deductlan" -56 $ 31.87 $ (1,784.72) Total Payment 4,461,80 Overused sick hours forFY16 by 56 hours (only earned July -Nov 2015=40 hours, but used 96 hours) 1d J1s (a>FV`ld vi.i \tli, v1d=<y \ Y)iL. t. Approved by 4 Human Resource Routing: Original to Human Resources by Department Human Resources will forward original to City Clerk (Copy in Personnel Pile) Clerk's Office will forward copyoof approved form to Department and Human Resources Council Agenda Date: (CI A) /1'3 ❑Accruals ❑status ❑.8 Date Date Updated 626111