Loading...
HomeMy WebLinkAbout4/16/2012AMEND Amended Council Agenda Items Council Meeting Monday, April 16, 2011 Change to reflect the correct salary increases. 16. Resolution approving four-year Collective Bargaining Agreements with Communications Workers of America Local No. 7175; International Association of Firefighters Local No. 66; Municipal Employees Local Union No. 353; Teamsters Local No. 238; and Waterloo Police Protective Association with preventative care benefit enhancements and change of monthly health insurance premiums, deductibles, co-insurance and the following salary increases: July 1, 2012 - 1.90%; July 1, 2013 - 2.10%; July 1, 2014 - 2.90%; July 1, 2015 - 3.00% DD As posted on Friday, April 13, 2012 item number 17 a resolution to approve a non - bargaining salary increase THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, REGULAR SESSION TO BE HELD AT THE CITY HALL COUNCIL CHAMBERS, 5:30 P.M. MONDAY, APRIL 16, 2012 CITY OF WATERLOO GOALS 1. Support economic development efforts that attract, retain and create quality jobs resulting in a diverse economic base and increased population. 2. Continue to support implementation of the Downtown Master Plan. 3. Facilitate and promote the development of housing options to meet the needs of current and future Waterloo citizens. 4. Develop a customer -centered service delivery approach. 5. Seek additional opportunities to share services and resources with other government entities. 6. Collaborate with statewide elected officials to reduce the burden on local property taxes. 7. Address the changing public workforce needs in Waterloo. 8. Enhance and protect a diverse, family-oriented community where neighborhoods are safe and well maintained. 9. Enhance the quality of place opportunities for the citizens of our community. General Rules for Public Participation 1. Although not required by city code of ordinances, oral presentations may be allowed at the chair/presider's (usually the Mayor or Mayor Pro Tern) discretion. The "oral presentations" section of the agenda is your opportunity to address items not on the agenda. A speaker may speak to one (1) issue per meeting for a maximum of three (3) minutes. Official action cannot be taken by the Council at that time, but may be placed on a future agenda or referred to the appropriate department. 2. At the chair/presider's discretion, you may address an item on the current agenda by stepping to the podium, and after recognition by the chair/presider, state your name, address and group affiliation (if appropriate) and speak clearly into the microphone. 3. If there is a hearing scheduled as part of an agenda item, the chair/presider will allow everyone who wishes to address the council, using the same participation guidelines found in these "general rules". 4. You may speak one (1) time per item for a maximum of three (3) minutes. 5. Keep comments germane and refrain from personal, impertinent or slanderous remarks. 6. Questions concerning these rules or any agenda item may be directed to the Clerk's Office at 291-4323, 7. Citizens are encouraged to register with the Clerk's Office by 5:00 p.m. on Monday of the day of the City Council meeting to appear before the City Council (may also register by phone). Registered speakers will be given first priority. Roll Call. Moment of Silence. Pledge of Allegiance: Abraham Funchess, Human Rights Director. April 16, 2012 Agenda, as proposed or amended. Minutes of April 9, 2012, Regular Session, as proposed. Proclamation declaring April 15-22, 2012 as Days of Remembrance. Page 2 Proclamation declaring April 21, 2012 as Black Hawk County Youth Shelter Awareness Day. 1. Consent Agenda: (The following items will be acted upon by voice vote on a single motion without separate discussion, unless someone from the council or public requests that a specific item be considered separately.) a. Resolution to approve the following: 1. Bills Payment, Schedule AP642, a copy of which is on file in the office of the City Clerk. 2. Request of the Job Foundation to hold a 5K Run/ Walk event to be held on Saturday, September 29, 2012 to start at 9:00 a.m. with the route to start and end at the Hoing-Rice shelter and parking lot located on McKay Avenue. Submitted by Joe Leibold, Captain of Police Services 3. Request of the Kingsley/Lou Henry Schools to hold a 5K Run/Walk event to be held on Saturday, April 28, 2012 to start at 8:30 a.m. with the route to start and end at Kingsley Elementary. Submitted by Joe Leibold, Captain of Police Services 4. Request of Thomas W. Abbas to burn approximately % acre of prairie grass located adjacent to their property at 2048 Grand Boulevard from March to April, 2012, together with recommendation of approval of the Fire Department. b. Motion to approve the following: 1. 2. Travel Requests Name &Title of Personnel Class/Meeting Destination Date(s) Amount not to Exceed Officer Bose & Officer Girsch Basic Tactical Unit SWAT School Minneapolis, Minnesota May 20- 25, 2012 $2,321.00 Officer Moore Interview & Interrogation Johnston, Iowa April 30- May 4, 2012 $270.00 April 16, 2012 3. Mayor Clark's recommendation of the following appointment: Page 3 Appointee Board/ Commission Expiration Date New or Re - Appointment Bonetta Culp Civil Service Commission April 1, 2016 Reappointment 4. Recommendation of appointment of Nichole Fishels to the position of Human Resources Specialist, effective April 17, 2012. Submitted by Suzy Schares, City Clerk 5. Bonds Class B Beer License Permit Application 6. Waterloo Softball Association, 850 Longfellow Avenue (New) (4/ 17/2012 to 10/17/2012) (Includes Sunday Sales) Class C Beer License Permit Application 7. New Star #3, 1459 Ansborough Avenue (New) (4/1/2013) (Includes Sunday Sales) Class E Liquor License Permit Application 8. New Star #3, 1459 Ansborough Avenue (New) (4/1/2013) (Includes Sunday Sales) Outdoor Service Application 9. Waterloo Softball Association, 850 Longfellow Avenue c. Motion to deny the following: Class C Liquor License Permit Application 1. Club Fever, 313 W. 5th Street (New) (Expires 4/16/2013) (Includes Sunday Sales) 2. Request of George A. Ryan to burn a dead tree located at 715 Riverside Drive. April 16, 2012 Page PUBLIC HEARINGS 2. Issuance of not to exceed $800,000.00 General Obligation Bonds Motion to receive and file proof of publication of notice of public hearing on issuance of not to exceed $800,000.00 General Obligation Bonds for essential corporate purposes of said City, the proceeds of which bonds will be used to provide funds to pay costs of aiding in the planning, undertaking and carrying out of urban renewal project activities under the authority of the Urban Renewal Plan for the Downtown Waterloo Urban Renewal and Redevelopment Plan Area and Chapter 403 of the Code of Iowa, including the acquisition of properties for public and private redevelopment. HOLD HEARING—No objections on file. Motion to close hearing and receive and file oral and written comments. Resolution to institute proceedings to take additional action of issuance of said bonds. Submitted by Michelle Weidner, Chief Financial Officer 3. Construction of the Cedar Valley SportsPlex Facility Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING—No objections on file. Motion to close the hearing and receive and file oral and written comments. Resolution confirming approval of plans, specifications, form of contract, etc. Resolution ordering construction. Submitted by Mayor Buck Clark 4. Lease Purchase Agreement between the City o f Waterloo and the Waterloo Development Corporation for the purpose of acquiring a multi -use recreational and athletic facility complex to be known as the Cedar Valley Sportsplex Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING—No objections on file. Motion to close hearing and receive and file oral and written comments. Resolution approving said Lease Purchase Agreement. Submitted by Mayor Buck Clark April 16, 2012 Page 5 5. Sale and conveyance of real property for the Cedar Valley Sportsplex generally located between West 1st Street and West 3rd Street, between Washington Street and Jefferson Street to the Waterloo Development Corporation for $1.00, subject to the retention of a utility easement over, under and upon the portion of vacated Washington Street Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING—No objections on file. Motion to close hearing and receive and file oral and written comments. Resolution authorizing said sale and conveyance, and authorize City Attorney to prepare and deliver deed accordingly. Submitted by Aric Schroeder, City Planner 6. Waterloo/Cedar Falls HOME Consortium FY2013 One -Year Action Plan for CDBG and HOME Program Funds Motion to reset date of hearing as April 23, 2012; and instruct City Clerk to publish notice. Submitted by Rudy Jones, Community Development Director RESOLUTIONS 7. Resolution approving One Year Lease with Waterloo Implement of Waterloo, Iowa, in the amount of $6,950.00 for a 20 foot rotary cutter and 72 inch deck mount mowers for Waterloo Regional Airport; and authorize Mayor and City Clerk to execute any necessary documents. Submitted by Bradley Hagen, Airport Director 8. Resolution approving First Amendment to Contract for Temporary Employment Services for Demolition Monitor dated October 11, 2011 for temporary employment services to the City pertaining to demolition monitoring under the City of Waterloo's Hazard Mitigation Grant Program (HMGP) Property Acquisition Project to extend the initial term of the contract from October 11, 2011 to April 10, 2012, andto change the hourly billing rate to $20.82 for all invoices submitted after January 1, 2012; and authorize Mayor and City Clerk to execute said documents. Submitted by Aric Schroeder, City Planner 9. Resolution approving award of contract to Aspro Inc. of Waterloo, Iowa in the amount of $7,449,459.97, and approving the Contract, Bonds and Certificates of Insurance for the F.Y. 2012 Street Reconstruction Program, Contract No. 819; and authorize Mayor and City Clerk to execute said documents. Submitted by Dennis Gentz, P.E., Assistant City Engineer April 16, 2012 Page 6 10. Resolution approving Professional Agreement with Invision Architecture in an amount not to exceed $9,500.00 plus reimbursable expenses not to exceed $1,000.00 for analysis, design work, bid documents and construction coordination related to the Clerk's Office Remodeling - City Hall project; and authorize Mayor and City Clerk to execute said document. Submitted by Craig Clark, Building Official/Maintenance Administrator 11. Resolution approving permission to enter into negotiations with Permeate Refining L.L.C. to develop a contract for the delivery of AFM Waste (stillage) at the Anaerobic Lagoon as fuel to produce energy. Submitted by Brian Rath, Treatment Operator Supervisor 12. Resolution approving contract with Vandewalle and Associates in the amount of $23,800.00 for Riverloop Public Market Co-op Marketing Expansion Plan; and authorize Mayor and City Clerk to execute said documents. Submitted by Paul Huting, Leisure Services Director 13. Resolution approving request by Hy -Vee, Inc for the Preliminary and Final Plat of Carber Heights Plat I, generally located at 3700 University Avenue for a 3 -lot commercial subdivision, and a resolution approving a variance to the requirements of the Subdivision Ordinance in Section 2.3 (1) Final Plat Submittal. Submitted by Noel Anderson, Community Planning & Development Director 14. Resolution approving request to preliminarily approve plans, specifications, form of lease, etc., set date of public hearing as May 7, 2012, and publish an official notice pertinent to the taking of bids and request to receive and open the bids to farm City owned land at the southwest corner of Highway 20 and Kimball Avenue, just south of Tower Park. Submitted by Noel Anderson, Community Planning & Development Director 15. Resolution approving award of contract to Terracon Consultants of Cedar Falls, Iowa in the amount of $2,650.00 to provide post demolition construction materials testing services for the backfilling of 820 and 910 Sycamore Street; and authorize Mayor and City Clerk to execute said documents. Submitted by Noel Anderson, Community Planning & Development Director April 16, 2012 Page 7 16. Resolution approve four-year Collective Bargaining Agreements with Communications Workers of America Local No. 7175; International Association of Firefighters Local No. 66; Municipal Employees Local Union No. 353; Teamsters Local No. 238; and Waterloo Police Protective Association with a 1.9 percent salary increase each year, preventative care benefit enhancements and change of monthly health insurance premiums, deductibles, and co-insurance. 17. Resolution approving a percent salary increase for non - bargaining employees effective July 1, 2012. OTHER COUNCIL BUSINESS 18. Demolition and Site Clearance Services (no RACM) for 920 and 910 Sycamore Streets, and 1518 West 4th Street Motion to instruct Community Planning & Development Director to prepare plans, specifications, form of contract, etc. Motion to receive and file plans, specifications, form of contract, etc. Resolution preliminarily approving plans, specifications, form of contract, etc. Resolution setting date of hearing and bid opening as April 23, 2012; and instruct City Clerk to publish notice of plans, specifications, form of contract, etc. Submitted by Noel Anderson, Community Planning & Development Director ORAL PRESENTATIONS Motion to receive and file oral comments. ADJOURNMENT Motion to adjourn. Suzy Schares City Clerk MEETINGS Monday, April 16, 2012 4:15 p.m. - Council Work Session, Council Chambers 4:50 p.m. - Building and Grounds Committee, Council Chambers 4:55 p.m. - Boards and Commissions Committee, Council Chambers 5:00 p.m. - Finance Committee, Council Chambers Apel 16, 2012 Page 8 PUBLIC INFORMATION 1. Waterloo Public Library Board of Trustees minutes of March 12, 2012. 2. Civil Service list for the position of Property/Evidence Coordinator, as certified by Civil Service Commission on April 13, 2012. 3. Civil Service list for the position of Development/Marketing Manager, as certified by Civil Service Commission on April 13, 2012. 4. Civil Service list for the position of Clerk I, as certified by Civil Service Commission on April 13, 2012. 5. Civil Service list for the position of Property Safety Inspector, as certified by Civil Service Commission on April 13, 2012. 6. Civil Service list for the position of Financial Analyst, as certified by Civil Service Commission on April 13, 2012. 7. Civil Service list for the position of Fire Captain, as certified by Civil Service Commission on April 13, 2012. 8. Civil Service list for the position of Human Resources Specialist, as certified by Civil Service Commission on April 13, 2012. Amended Council Agenda Items Council Meeting Monday, April 16, 2011 MEND Change to reflect the correct salary increases. 16. Resolution approving four-year Collective Bargaining Agreements with Communications Workers of America Local No. 7175; International �u1b Association of Firefighters Local No. 66; Municipal Employees Local Union No. 3, `{ 353; Teamsters Local No. 238; and Waterloo Police Protective Association with � preventative care benefit enhancements and change of monthly health insurance premiums, deductibles, co-insurance and the following salary increases: July 1, 2012 - 1.90%; July 1, 2013 - 2.10%; July 1, 2014 - 2.90%; July 1, 2015 - 3.00% AD As posted on Friday, April 13, 2012 item number 17 a resolution to approve a non - bargaining salary increase /04}K.eato(4 C°o i 3-7-19i 64/00 THE CITY COUNCIL OF THE CITY OF WATERLOO, Y tS f IOWA, REGULAR SESSION TO BE HELD AT THE CITY HALL COUNCIL CHAMBERS, 5:30 P.M. 0lTlf l (y L&f h J MONDAY, APRIL 16, 2012 CITY OF WATERLOO GOALS .1. Support economic development efforts that attract, retain and create quality fobs resulting in a diverse economic base and increased population. 2. Continue to support implementation of the Downtown Master Plan. 3. Facilitate and promote the development of housing options to meet the needs of current and future Waterloo citizens. 4. Develop a customer -centered service delivery approach. 5. Seek additional opportunities to share services and resources with other government entities. 6. Collaborate with statewide elected officials to reduce the burden on local property taxes. 7. Address the changing public workforce needs in Waterloo. 8. Enhance and protect a diverse, family-oriented community where neighborhoods are safe and well maintained. 9. Enhance the quality of place opportunities for the citizens of our community. General Rules for Public Participation 1. Although not required by city code of ordinances, oral presentations may be allowed at the chair/presider's (usually the Mayor or Mayor Pro Tern) discretion. The "oral presentations" section of the agenda is your opportunity to address items not on the agenda. A speaker may speak to one (1) issue per meeting for a maximum of three (3) minutes. Official action cannot be taken by the Council at that time, but may be placed on a future agenda or referred to the appropriate department. 2. At the chair/presider's discretion, you may address an item on the current agenda by stepping to the podium, and after recognition by the chair/presider, state your name, address and group affiliation (if appropriate) and speak clearly into the microphone. 3. If there is a hearing scheduled as part of an agenda item, the chair/presider will allow everyone who wishes to address the council, using the same participation guidelines found in these "general rules". 4. You may speak one (1) time per item for a maximum of three (3) minutes. 5. Keep comments germane and refrain from personal, impertinent or slanderous remarks. 6. Questions concerning these rules or any agenda item may be directed to the Clerk's Office at 291-4323. 7. Citizens are encouraged to register with the Clerk's Office by 5:00 p.m. on Monday of the day of the City Council meeting to appear before the City Council (may also register by phone). Registered speakers will be given first priority. Roll Call. Moment of Silence. Pledge of Allegiance: Abraham Funchess, Human Rights Director. April 16, 2012 Page 2 Agenda, as proposed or amended. Minutes of April 9, 2012, Regular Session, as proposed. Proclamation declaring April 15-22, 2012 as Days of Remembrance. Proclamation declaring April 21, 2012 as Black Hawk County Youth Shelter Awareness Day. 1. Consent Agenda: (The following items will be acted upon by voice vote on a single motion without separate discussion, unless someone from the council or public requests that a specific item be considered separately.) a. Resolution to approve the following: 1. Bills Payment, Schedule AP642, a copy of which is on file in the office of the ( City Clerk. 2. Request of the Job Foundation to hold a 5K Run/ Walk event to be held on Saturday, September 29, 2012 to start at 9:00 a.m. with the route to start and end at the Hoing-Rice shelter and parking lot located on McKay Avenue. Submitted by Joe Leibold, Captain of Police Services Request of the Kingsley/Lou Henry Schools to hold a 5K Run/ Walk event to be held on Saturday, April 28, 2012 to start at 8:30 a.m. with the route to start and end at Kingsley Elementary. Submitted by Joe Leibold, Captain of Police Services Request of Thomas W. Abbas to burn approximately 1/2 acre of prairie grass located adjacent to their property at 2048 Grand Boulevard from March to April, 2012, together with recommendation of approval of the Fire Department. b. Motion to approve the following: 1. 2. Travel Requests Name & Title of Personnel Class/ Meeting Destination Date(s) Amount not to Exceed Officer Bose & Officer Girsch Basic Tactical Unit SWAT School Minneapolis, Minnesota May 20- 25, 2012 $2,321.00 Officer Moore Interview & Interrogation Johnston, Iowa April 30- May 4, 2012 $270.00 April 16, 2012 3. Mayor Clark's recommendation of the following appointment: Page 3 Appointee Board/ Commission Expiration Date New or Re - Appointment Bonetta Culp Civil Service Commission April 1, 2016 Reappointment 4. Recommendation of appointment of Nichole Fishels to the position of Human Resources Specialist, effective April 17, 2012. Submitted by Suzy Schares, City Clerk 5. Bonds Class B Beer License Permit Application 6. Waterloo Softball Association, 850 Longfellow Avenue (New) (4/17/2012 to 10/17/2012) (Includes Sunday Sales) Class C Beer License Permit Application 7. New Star #3, 1459 Ansborough Avenue (New) (4/1/2013) (Includes Sunday Sales) Class E Liquor License Permit Application 8. New Star #3, 1459 Ansborough Avenue (New) (4/1/2013) (Includes Sunday Sales) Outdoor Service Application 9. Waterloo Softball Association, 850 Longfellow Avenue c. Motion to deny the following: Class C Liquor License Permit Application 1. Club Fever, 313 W. 5th Street (New) (Expires 4/ 16/2013) (Includes Sunday Sales) 2. Request of George A. Ryan to burn a dead tree located at 715 Riverside Drive. April 16, 2012 Page 4 PUBLIC HEARINGS 2. Issuance of not to exceed $800,000.00 General Obligation Bonds Motion to receive and file proof of publication of notice of public hearing on issuance of not to exceed $800,000.00 General Obligation Bonds for essential corporate purposes of said City, the proceeds of which bonds will be used to provide funds to pay costs of aiding in the planning, undertaking and carrying out of urban renewal project activities under the authority of the Urban Renewal Plan for the Downtown Waterloo Urban Renewal and Redevelopment Plan Area and Chapter 403 of the Code of Iowa, including the acquisition of properties for public and private redevelopment. HOLD HEARING—No objections on file. Motion to close hearing and receive and file oral and written comments. \i/Resolution to institute proceedings to take additional action of issuance S..te • of said bonds. Submitted by Michelle Weidner, Chief Financial Officer 3. Construction of the Cedar Valley SportsPlex Facility Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING—No objections on file. Motion to close the hearing and receive and file oral and written comments. Resolution confirming approval of plans, specifications, form of contract, etc. Resolution ordering construction. Submitted by Mayor Buck Clark 4. Lease Purchase Agreement between the City of Waterloo and the Waterloo Development Corporation for the purpose of acquiring a multi -use recreational and athletic _facility complex to be known as the Cedar Valley Sportsplex Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING—No objections on file. /Motion to close hearing and receive and file oral and written comments. 0 Resolution approving said Lease Purchase Agreement. Submitted by Mayor Buck Clark April 16, 2012 Page 5 5. Sale and conveyance of real property for the Cedar Valley Sportsplex generally located between West 1st Street and West 3rd Street, between Washington Street and Jefferson Street to the Waterloo Development Corporation for $1.00, subject to the retention of a utility easement over, under and upon the portion of vacated Washington Street Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING—No objections on file. Motion to close hearing and receive and file oral and written comments. Resolution authorizing said sale and conveyance, and authorize City 1 Attorney to prepare and deliver deed accordingly. Submitted by Aric Schroeder, City Planner 6. Waterloo/Cedar Falls HOME Consortium FY2013 One -Year Action Plan for CDBG and HOME Program Funds ton to reset date of hearing as April 23, 2012; and instruct City Clerk to publish notice. Submitted by Rudy Jones, Community Development Director RESOLUTIONS Resolution approving One Year Lease with Waterloo Implement of Waterloo, Iowa, in the amount of $6,950.00 for a 20 foot rotary cutter and 72 inch deck mount mowers for Waterloo Regional Airport; and authorize Mayor and City Clerk to execute any necessary documents. Submitted by Bradley Hagen, Airport Director 8. Resolution approving First Amendment to Contract for Temporary Employment Services for Demolition Monitor dated October 11, 2011 for temporary employment services to the City pertaining to demolition monitoring under the City of Waterloo's Hazard Mitigation Grant Program 2 (HMGP) Property Acquisition Project to extend the initial term of the contract from October 11, 2011 to April 10, 2012, and to change the hourly billing rate to $20.82 for all invoices submitted after January 1, 2012; and authorize Mayor and City Clerk to execute said documents. 9. Submitted by Aric Schroeder, City Planner Resolution approving award of contract to Aspro Inc. of Waterloo, Iowa in the amount of $7,449,459.97, and approving the Contract, Bonds and Certificates of Insurance for the F. Y. 2012 Street Reconstruction Program, Contract No. 819; and authorize Mayor and City Clerk to execute said documents. Submitted by Dennis Gentz, PE., Assistant City Engineer April 16, 2012 Page 6 10. Resolution approving Professional Agreement with Invision Architecture in an amount not to exceed $9,500.00 plus reimbursable expenses not to exceed $1,000.00 for analysis, design work, bid documents and construction coordination related to the Clerk's Office Remodeling - City Hall project; and authorize Mayor and City Clerk to execute said document. Submitted by Craig Clark, Building Official/Maintenance Administrator 1. Resolution approving permission to enter into negotiations with Permeate Refining L.L.C. to develop a contract for the delivery of AFM Waste 7j (stillage) at the Anaerobic Lagoon as fuel to produce energy. Submitted by Brian Rath, Treatment Operator Supervisor Resolution approving contract with Vandewalle and Associates in the amount of $23,800.00 for Riverloop Public Market Co-op Marketing Expansion Plan; and authorize Mayor and City Clerk to execute said documents. 13. Submitted by Paul Huting, Leisure Services Director approving request by Hy -Vee, Inc for the Preliminary and Final P a of Carber Heights Plat I, generally locate 3700 University Avenue for a 3 -lot commercial subdivision, and ' resoluti approving a variance to the requirements of the Subdivision Ordinance in ection 2.3 (1) Final Plat Submittal. %j c s , *1 .:' or SS': rad .cis ,yn ; nMO Submitted by Noel Anderson, Community Planning & Development Director 14. Resolution approving request to preliminarily approve plans, specifications, form of lease, etc., set date of public hearing as May 7, 2012, and publish an official notice pertinent to the taking of bids and request to receive and open the bids to farm City owned land at the southwest corner of Highway 20 and Kimball Avenue, just south of Tower Park. Submitted by Noel Anderson, Community Planning & Development Director 15. Resolution approving award of contract to Terracon Consultants of Cedar Falls, Iowa in the amount of $2,650.00 to provide post demolition construction materials testing services for the backfilling of 820 and 910 Sycamore Street; and authorize Mayor and City Clerk to execute said documents. Submitted by Noel Anderson, Community Planning & Development Director April 16, 2012 Page 7 16:,•ltesolutio approve four-year Collective Bargaining Agreements with 3`k Communications Workers of America Local No. 7175; International Association of Firefighters Local No. 66; Municipal Employees Local Union �No. 353; Teamsters Local No. 238; and Waterloo Police Protective Aoo" Association with a 1.9 percent salary increase each year, preventative care benefit enhancements and change of monthly health insurance premiums, deductibles, and co-insurance. 3Resolution approving a d percent salary increase for non - bargaining employees effective July 1, 2012. OTHER COUNCIL BUSINESS V-0 18. Demolition and Site Clearance Services (no RACM) for -920 and 910 Sycamore Streets, and 1518 West 4th Street Motion to instruct Community Planning & Development Director to prepare plans, specifications, form of contract, etc. cation to receive and file plans, specifications, form of contract, etc. solutio preliminarily approving plans, specifications, form of contract, etc. Assoly_tileft setting date of hearing and bid opening as April 23, 2012; and instruct City Clerk to publish notice of plans, specifications, form of contract, etc. Submitted by Noel Anderson, Community Planning & Development Director ORAL PRESENTATIONS Motion to receive and file oral comments. ADJOURNMENT Motion to adjourn. Suzy Schares City Clerk MEETINGS Monday, April 16, 2012 4:15 p.m. - Council Work Session, Council Chambers 4:50 p.m. - Building and Grounds Committee, Council Chambers 4:55 p.m. - Boards and Commissions Committee, Council Chambers 5:00 p.m. - Finance Committee, Council Chambers April 16, 2012 Page 8 PUBLIC INFORMATION 1. Waterloo Public Library Board of Trustees minutes of March 12, 2012. 2. Civil Service list for the position of Property/Evidence Coordinator, as certified by Civil Service Commission on April 13, 2012. 3. Civil Service list for the position of Development/Marketing Manager, as certified by Civil Service Commission on April 13, 2012. 4. Civil Service list for the position of Clerk I, as certified by Civil Service Commission on April 13, 2012. 5. Civil Service list for the position of Property Safety Inspector, as certified by Civil Service Commission on April 13, 2012. 6. Civil Service list for the position of Financial Analyst, as certified by Civil Service Commission on April 13, 2012. 7. Civil Service list for the position of Fire Captain, as certified by Civil Service Commission on April 13, 2012. 8. Civil Service list for the position of Human Resources Specialist, as certified by Civil Service Commission on April 13, 2012. (This Notice to be posted) NOTICE AND CALL OF PUBLIC MEETING Governmental Body: The City Council of Waterloo, Iowa. Date of Meeting: April 16, 2012. Time of Meeting: 5:30 o'clock P.M. Place of Meeting: Council Chambers, City Hall, Waterloo, Iowa. PUBLIC NOTICE IS HEREBY GIVEN that the above mentioned governmental body will meet at the date, time and place above set out. The tentative agenda for said meeting is as follows: Not to exceed $800,000 General Obligation Bonds • Public hearing on the issuance. • Resolution instituting proceedings to take additional action. Such additional matters as are set forth on the additional 5 page(s) attached hereto. This notice is given at the direction of the Mayor pursuant to Chapter 21, Code of Iowa, and the local rules of said governmental body. uzy Scha -s, City Clerk, Waterloo, Iowa April 16, 2012 The City Council of Waterloo, Iowa, met in regular session, in the Council Chambers, City Hall, Waterloo, Iowa, at 5:30 o'clock P.M., on the above date. There were present Mayor Ernest G. Clark, in the chair, and the following named Council Members: Cole, Getty, Jones, Greenwood, Schmitt, Welper, Hart Absent: none 1 The Mayor announced that this was the time and place for the public hearing and meeting on the matter of the issuance of not to exceed $800,000 General Obligation Bonds in order to provide funds to pay costs of the aiding in the planning, undertaking and carrying out of urban renewal project activities under the authority of the Urban Renewal Plan for the Downtown Waterloo Urban Renewal and Redevelopment Plan Area and Chapter 403 of the Code of Iowa, including the acquisition of properties for public and private redevelopment, essential corporate purposes, and that notice of the proposed action by the Council to institute proceedings for the issuance of said Bonds, and the right to petition for an election had been published pursuant to the provisions of Section 384.24(3)(q) of the City Code of Iowa. The Clerk reported that no such petition had been filed, requesting that the question of issuing said Bonds be submitted to the qualified electors of the City. The Mayor then asked the Clerk whether any written objections had been filed by any City resident or property owner to the issuance of said Bonds. The Clerk advised the Mayor and the Council that no written objections had been filed. The Mayor then called for oral objections to the issuance of said Bonds and none were made. Whereupon, the Mayor declared the time for receiving oral and written objections to be closed. (Attach here a summary of objections received or made, if any) 2 The Council then considered the proposed action and the extent of objections thereto. Whereupon, Council Member Hart introduced and delivered to the Clerk the Resolution hereinafter set out entitled "RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF NOT TO EXCEED $800,000 GENERAL OBLIGATION BONDS", and moved: X that the Resolution be adopted. ❑ to ADJOURN and defer action on the Resolution and the proposal to institute proceedings for the issuance of bonds to the meeting to be held at o'clock .M. on the day of 2012, at this place. was, Council Member Welper seconded the motion. The roll was called and the vote AYES: Cole, Getty, Jones, Greenwood, Schmitt, Welper, Hart NAYS: none Whereupon, the Mayor declared the measure duly adopted. RESOLUTION NO. 2012-326 RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE OF NOT TO EXCEED $800,000 GENERAL OBLIGATION BONDS WHEREAS, pursuant to notice published as required by law, this Council has held a public meeting and hearing upon the proposal to institute proceedings for the issuance of not to exceed $800,000 General Obligation Bonds for the essential corporate purpose of paying costs of the aiding in the planning, undertaking and carrying out of urban renewal project activities under the authority of the Urban Renewal Plan for the Downtown Waterloo Urban Renewal and Redevelopment Plan Area and Chapter 403 of 3 the Code of Iowa, including the acquisition of properties for public and private redevelopment, and no petition was filed calling for a referendum thereon, and this Council has considered the extent of objections received from residents or property owners as to said proposed issuance of Bonds; and, accordingly the following action is now considered to be in the best interests of the City and residents thereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA: Section 1. That this Council does hereby institute proceedings and take additional action for the sale and issuance in the manner required by law of not to exceed $800,000 General Obligation Bonds for the foregoing essential corporate purposes. Section 2. The Clerk and Chief Financial Officer are authorized and directed to proceed on behalf of the City with the sale of said Bonds, to select a date for the sale thereof, to cause to be prepared such notice and sale information as may appear appropriate, to publish and distribute the same on behalf of the City and this Council and otherwise to take all action necessary to permit the sale of said Bonds on a basis favorable to the City and acceptable to the Council. PASSED AND APPROVED this 16th day of April, 2012. ATTEST: Suzy Schar s, City Clerk Ernest G. Clark, Mayor 4 STATE OF IOWA COUNTY OF BLACK HAWK CERTIFICATE ) SS ) I, the undersigned City Clerk of Waterloo, Iowa, do hereby certify that attached is a true and complete copy of the portion of the corporate records of said Municipality showing proceedings of the Council, and the same is a true and complete copy of the action taken by said Council with respect to said matter at the meeting held on the date indicated in the attachment, which proceedings remain in full force and effect, and have not been amended or rescinded in any way; that meeting and all action thereat was duly and publicly held in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Council (a copy of the face sheet of said agenda being attached hereto) pursuant to the local rules of the Council and the provisions of Chapter 21, Code of Iowa, upon reasonable advance notice to the public and media at least twenty-four hours prior to the commencement of the meeting as required by said law and with members of the public present in attendance; I further certify that the individuals named therein were on the date thereof duly and lawfully possessed of their respective city offices as indicated therein, that no Council vacancy existed except as may be stated in said proceedings, and that no controversy or litigation is pending, prayed or threatened involving the incorporation, organization, existence or boundaries of the City or the right of the individuals named therein as officers to their respective positions. WITNESS my hand and the seal of said Municipality hereto affixed this 16th day of April, 2012. Suzy Schar s, City Clerk, Waterloo, Iowa SEAL 00854675-1\11310-095 (This Notice to be posted) NOTICE AND CALL OF PUBLIC MEETING Governmental Body: The City Council of Waterloo, Iowa. Date of Meeting: April 16, 2012. Time of Meeting: 5:30 o'clock P.M. Place of Meeting: Council Chambers, City Hall, Waterloo, Iowa. PUBLIC NOTICE IS HEREBY GIVEN that the above mentioned governmental body will meet at the date, time and place above set out. The tentative agenda for said meeting is as follows: • Public hearing on the matter of the adoption of plans, specifications, form of contract and estimate of cost for the construction of the proposed Cedar Valley Sportsplex. • Resolution adopting plans, specifications, form of contract and estimate of cost. Such additional matters as are set forth on the additional 5 page(s) attached hereto. This notice is given at the direction of the Mayor pursuant to Chapter 21, Code of Iowa, and the local rules of the governmental body. Suzy Sc , res, City Clerk, Waterloo, Iowa April 16, 2012 The City Council of Waterloo, Iowa, met in regular session, in the Council Chambers, City Hall, Waterloo, Iowa, at 5:30 o'clock P.M., on the above date. There were present Mayor Ernest G. Clark, in the chair, and the following named Council Members: Cole, Getty, Jones, Greenwood, Schmitt, Welper, Hart Absent: none The Mayor announced that this was the time and place fixed for a public hearing on the matter of the adoption of plans, specifications, form of contract and estimate of cost for the construction of certain improvements described in general as the proposed Cedar Valley Sportsplex. The Mayor then asked the Clerk whether any written objections had been filed by any City resident or property owner to the proposal. The Clerk advised the Mayor and the City Council that no written objections had been filed. The Mayor then called for oral objections to the proposal and none were made. Whereupon, the Mayor declared the time for receiving oral and written objections to be closed. (Attach here a summary of objections received or made, if any) Council Member Schmitt introduced the following Resolution entitled "RESOLUTION ADOPTING PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATE OF COST FOR THE CEDAR VALLEY SPORTSPLEX PROJECT", and moved that the same be adopted. Council Member Greenwood seconded the motion to adopt. The roll was called and the vote was, AYES: Cole, Getty, Jones, Greenwood, Schmitt, Welper, Hart NAYES: none Whereupon, the Mayor declared the following Resolution duly adopted: RESOLUTION NO. 2012-327 RESOLUTION ADOPTING PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATE OF COST FOR THE CEDAR VALLEY SPORTSPLEX PROJECT WHEREAS, on the 2"d day of April, 2012, plans, specifications, form of contract and estimate of cost were filed with the Clerk for the construction of certain improvements described in general as the proposed Cedar Valley Sportsplex; and WHEREAS, notice of hearing on the plans, specifications, form of contract and estimate of cost for the foregoing improvements was published as required by law: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA: Section 1. That the plans, specifications, form of contract and estimate of cost for the Cedar Valley Sportsplex Project be and the same hereby are approved. PASSED AND APPROVED this 16th day of April, 2012. a4,1 Ernest G. Clark, Mayor ATTEST: at Suzy Scha -es, City Clerk STATE OF IOWA COUNTY OF BLACK HAWK CERTIFICA 1'E ) SS I, the undersigned City Clerk of the City of Waterloo, State of Iowa, do hereby certify that attached is a true and complete copy of the portion of the corporate records of the City showing proceedings of the City Council, and the same is a true and complete copy of the action taken by the Council with respect to the matter at the meeting held on the date indicated in the attachment, which proceedings remain in full force and effect, and have not been amended or rescinded in any way; that meeting and all action thereat was duly and publicly held in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Council (a copy of the face sheet of the agenda being attached hereto) pursuant to the local rules of the Council and the provisions of Chapter 21, Code of Iowa, upon reasonable advance notice to the public and media at least twenty-four hours prior to the commencement of the meeting as required by law and with members of the public present in attendance; I further certify that the individuals named therein were on the date thereof duly and lawfully possessed of their respective City offices as indicated therein, that no Council vacancy existed except as may be stated in the proceedings, and that no controversy or litigation is pending, prayed or threatened involving the incorporation, organization, existence or boundaries of the City or the right of the individuals named therein as officers to their respective positions. WITNESS my hand and the seal of said Municipality hereto affixed this 16th day of April, 2012, Suzy Shares, City Clerk, Waterloo, Iowa (SEAL) 00846360-1111310-093 (This Notice to be posted) NOTICE AND CALL OF PUBLIC MEETING Governmental Body: The City Council of Waterloo, Iowa. Date of Meeting: April 16, 2012. Time of Meeting: 5:30 o'clock P.M. Place of Meeting: Council Chambers, City Hall, Waterloo, Iowa. PUBLIC NOTICE IS HEREBY GIVEN that the above mentioned governmental body will meet at the date, time and place above set out. The tentative agenda for said meeting is as follows: X Public hearing on proposed Lease Purchase Agreement between the City of Waterloo and Waterloo Development Corporation, for the purpose of acquiring a multi -use recreational and athletic facility complex to be known as the Cedar Valley Sportsplex. X Resolution approving form of Lease Purchase Agreement and authorizing its execution and delivery. Such additional matters as are set forth on the additional 6 page(s) attached hereto. This notice is given at the direction of the Mayor pursuant to Chapter 21, Code of Iowa, and the local rules of said governmental body. zy Scha es, City Clerk, Waterloo, Iowa 1 April 16, 2012 The City Council of Waterloo, Iowa, met in regular session, in the Council Chambers, City Hall, Waterloo, Iowa, at 5:30 o'clock P.M., on the above date. There were present Mayor Ernest G. Clark, in the chair, and the following named Council Members: Cole, Getty, Jones, Greenwood, Schmitt, Welper, Hart Absent: none 2 The Mayor announced that this was the time and place for the public hearing and meeting for the proposal to enter into a Lease Purchase Agreement with Waterloo Development Corporation, and that notice of the proposed action by the Council to institute proceedings for the authorization of the Lease Purchase Agreement had been published pursuant to the provisions of Section 364.4 of the City Code of Iowa, as amended. The Mayor then asked the Clerk whether any written objections had been filed by any City resident or property owner to the proposal. The Clerk advised the Mayor and the City Council that no written objections had been filed. The Mayor then called for oral objections to the proposal and none were made. Whereupon, the Mayor declared the time for receiving oral and written objections to be closed. (Attach here a summary of objections received or made, if any) 3 The Council then considered the proposed action and the extent of objections thereto. Whereupon, Council Member Getty introduced and delivered to the Clerk the Resolution hereinafter set out entitled "RESOLUTION APPROVING THE FORM OF LEASE PURCHASE AGREEMENT BETWEEN THE CITY OF WATERLOO AND WATERLOO DEVELOPMENT CORPORATION FOR THE PURPOSE OF ACQUIRING A MULTI -USE RECREATIONAL AND ATIILETIC FACILITY COMPLEX TO BE KNOWN AS THE CEDAR VALLEY SPORTSPLEX, AND AUTHORIZING EXECUTION AND DELIVERY OF SAID LEASE PURCHASE AGREEMENT", and moved: hat the Resolution be adopted. Do ADJOURN and defer action on the Resolution to the meeting to be held at o'clock .M. on the day of , 2012, at this place. Council Member Hart seconded the motion. The roll was called and the vote was, AYES: Cole, Getty, Jones, Greenwood, Schmitt, Welper, Hart NAYS: none Whereupon, the Mayor declared the measure duly adopted. 4 RESOLUTION NO. 2012-329 RESOLUTION APPROVING THE FORM OF LEASE PURCHASE AGREEMENT BETWEEN THE CITY OF WATERLOO AND WATERLOO DEVELOPMENT CORPORATION FOR THE PURPOSE OF ACQUIRING A MULTI -USE RECREATIONAL AND ATHLETIC FACILITY COMPLEX TO BE KNOWN AS THE CEDAR VALLEY SPORTSPLEX, AND AUTHORIZING EXECUTION AND DELIVERY OF SAID LEASE PURCHASE AGREEMENT WHEREAS, the City of Waterloo, Iowa ("City") and Waterloo Development Corporation ("Developer") are parties to a Development and Property Transfer Agreement dated December 19, 2011, under which it is proposed that the City enter into a Lease Purchase Agreement with the Developer ("Lease Purchase Agreement"), as authorized by Section 364.4 of the City Code of Iowa, for the purpose of acquiring a multi -use recreational and athletic facility complex to be known as the Cedar Valley Sportsplex to be constructed by the Developer on property located generally on the two City blocks bounded by Jefferson Street, West 1st Street, Washington Street and West 3rd Street, including the portion of West 2nd Street between those two blocks, as hereinafter described; and WHEREAS, the term of the proposed Lease Purchase Agreement does not exceed the economic life of the property to be acquired; and WHEREAS, the lease payments due under the Lease Purchase Agreement shall be payable solely and only from the net revenues of the proposed Sportsplex facility; and WHEREAS, before a lease or lease -purchase agreement may be authorized, it is necessary to comply with the provisions of said Code, and to publish a notice of the proposal and of the time and place of the meeting at which the Council proposes to take action for the authorization of the lease or lease -purchase agreement and to receive oral and/or written objections from any resident or property owner of said City to such action; and WHEREAS, pursuant to notice published as required by law, this Council now has held a public hearing on the proposed Lease Purchase Agreement and has determined to approve the same. 5 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA: Section 1. The form and content of the Lease Purchase Agreement, the provisions of which are incorporated herein by reference, hereby are in all respects authorized, approved and confirmed. The Mayor and City Clerk are authorized, empowered and directed to execute, attest and deliver the Lease Purchase Agreement and all related closing documents and certifications for and on behalf of the City, including necessary counterparts and in substantially the form and content now before this meeting but with such changes, modifications, additions or deletions therein as shall to them, upon the advice of special counsel to the City, seem necessary, desirable or appropriate, their execution thereof to constitute conclusive evidence of the Council's approval of any and all changes, modifications, additions or deletions therein from the form and content of the Lease Purchase Agreement now before this meeting, and from and after the execution and delivery of the Lease Purchase Agreement, the Mayor and City Clerk are hereby authorized, empowered and directed to do all such acts and things and execute all such documents as may be necessary to carry out and comply with the provisions of the Lease Purchase Agreement as so executed. PASSED AND APPROVED this 16th day of April, 2012. ATTEST: Suzy Schar4s, City Clerk SAD Ernest G. Clark, Mayor 6 CERTIFICATE STATE OF IOWA ) ) SS COUNTY OF BLACK HAWK ) I, the undersigned City Clerk of Waterloo, Iowa, do hereby certify that attached is a true and complete copy of the portion of the corporate records of said Municipality showing proceedings of the Council, and the same is a true and complete copy of the action taken by said Council with respect to said matter at the meeting held on the date indicated in the attachment, which proceedings remain in full force and effect, and have not been amended or rescinded in any way; that meeting and all action thereat was duly and publicly held in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Council (a copy of the face sheet of said agenda being attached hereto) pursuant to the local rules of the Council and the provisions of Chapter 21, Code of Iowa, upon reasonable advance notice to the public and media at least twenty-four hours prior to the commencement of the meeting as required by said law and with members of the public present in attendance; I further certify that the individuals named therein were on the date thereof duly and lawfully possessed of their respective city offices as indicated therein, that no Council vacancy existed except as may be stated in said proceedings, and that no controversy or litigation is pending, prayed or threatened involving the incorporation, organization, existence or boundaries of the City or the right of the individuals named therein as officers to their respective positions. WITNESS my hand and the seal of said Municipality hereto affixed this 16t day of April, 2012. SEAL 00846363-1\11310-093 Suzy Schare , City Clerk, Waterloo, Iowa April 9, 2012 The Council of the Chambers, Waterloo, in the Chair. Roll City of Waterloo, Iowa, met in Regular Session at City Hall Council Iowa, at 5:30 p.m., on Monday, April 9, 2012. Mayor Ernest G. Clark Call: Cole, Getty, Jones, Greenwood, Schmitt, Welper, Hart. Moment of Silence. Pledge of Allegiance: Cammie Scully, Director of Cultural & Arts Commission. 137754 - Hart/Schmitt that the Agenda, as proposed, for the Regular Session on Monday, April 9, 2012, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. 137755 - Hart/Schmitt that the Minutes, as proposed, for the Regular Session on Monday, April 2, 2012, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. Mayor Clark read a Development Week. Mayor Clark read a Month. Proclamation declaring April 9-14, 2012 as National Community Proclamation declaring April 2012 as Sexual Assault Awareness Tammy Turner, Waste Trac Recycling Educator with Black Hawk County Solid Waste Management Commission, presented information on the Electronics & Household Hazardous Materials Drop-off Event to be held on Saturday, April 14, 2012. CONSENT AGENDA 137756 - Hart/Schmitt that the following items on the consent agenda be received, placed on file and approved: a. Resolutions to approve the following: 1. Resolution approving Schedule AP642, pp. 1-49, dated April 9, 2012, in the amount of $916,586.46, 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. 2012-304. 2. Request to designate April 9-14, 2012 as National Community Development Week to commemorate 37 years of funding through the Community Development Block Grant program in the City of Waterloo, Iowa -Submitted by Rudy Jones, Community Development Director. Resolution adopted and upon approval by Mayor assigned No. 2012-305. 3. Request of Kittrell Elementary School to hold 5K Walk/Run event to be held at Kittrell Elementary school on Saturday, April 14, 2012 from 9:00 a.m to 11:00 a.m., together with approval of Director of Safety Services. Resolution adopted and upon approval by Mayor assigned No. 2012-306. 4. Cancellation of assessments for Parcel Nos. 8813-03-427-004 and 8913-15- 489-002; and authorize City Clerk to notify Black Hawk County Treasurer of said cancellation. Resolution adopted and upon approval by Mayor assigned No. 2012-307. April 9, 2012 b. Motion to approve the following: 1. Page 2 Travel Requests Name & Title of Expiration Date New or Re - Appointment Terry Kuntz Amount not Personnel Class/Meeting Destination Date(s) to Exceed Suzy Schares, City Clerk; Mark Fundamentals of Risk Davenport, Iowa May 14- 16, 2012 $665.00 Rice, Public Management for Works Director; Government Dan Trelka, Entities Director of Safety Services 2. Mayor Clark's recommendation of the following appointment: Appointee Board/Commission Expiration Date New or Re - Appointment Terry Kuntz Water Works Board of Trustees January 12, 2018 Re -appointment Class C Beer License Permit Application 3. Dollar General Store #4698, 2935 Logan Avenue (New) (Expires 3/1/2013) (Includes Sunday Sales) 4. Dollar General Store #7136, 66 E. Tower Park Drive (New) (Expires 3/1/2013) (Includes Sunday Sales) 5, Dollar General Store #10073, 3815 University Avenue (New) (Expires 3/1/2013) (Includes Sunday Sales) 6. Kwik Stop, 4335 Texas Street (Renewal) (Expires 4/30/2013) (Includes Sunday Sales) Class C Liquor License Permit Application 7. El Patron Family Mexican Restaurant, 301 E. 4'h Street (Renewal) (Expires 4/4/2013) (Includes Sunday Sales) Class E Liquor License Permit Application 8. Kwik Stop, 4335 Texas Street (Renewal) (Expires 4/30/2013) (Includes Sunday Sales) Class B Wine License Permit Application 9. Dollar General Store #4698, 2935 Logan Avenue (New) (Expires 3/1/2013) (Includes Sunday Sales) 10.Dollar General Store #7136, 66 E. Tower Park Drive (New) (Expires 3/1/2013) (Includes Sunday Sales) 11.Dollar General Store #10073, 3815 University Avenue (New) (Expires 3/1/2013) (Includes Sunday Sales) 12.Kwik Stop, 4335 Texas Street (Renewal) (Expires 4/30/2013) (Includes Sunday Sales) Outdoor Service Area Application 13.Las Margaritas, 2822 University Avenue, (Renewal) (3/16/2012 to 6/30/2012) 14.Bonds Roll call vote -Ayes: Seven. Motion carried. PUBLIC HEARINGS 137757 - Schmitt/Greenwood that proof of publication of notice of public hearing on F.Y. 2012 Street Reconstruction Program, Contract No. 819, as published in the Waterloo Courier on April 5, 2012, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 137758 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Mr. Hart questioned if there is a set length of time for the projection and if there is an assessment to the contractor if this timeline is not met. -Eric Thorson, City Engineer, reported that the City works with the contractors to meet the timelines set at the beginning of the project. There are situations such as weather, which requires these deadlines to be flexible. April 9, 2012 Schmitt/Greenwood Page 3 that the hearing be closed and oral and written comments be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 137759 - Schmitt/Greenwood that "Resolution confirming approval of plans, specifications, form of contract, etc. in conjunction with F.Y. 2012 Street Reconstruction Program, Contract No. 819", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-308. 137760 - Schmitt/Greenwood that "Resolution ordering construction in conjunction with F.Y. 2012 Street Reconstruction Program, Contract No. 819", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-309. 137761 - Schmitt/Greenwood to receive, file and instruct City Clerk to open and read bids and refer to City Engineer for review: Bidder Bid Security Division I Total Base Bid + Alternate A Bid Amount Division I Total Base Bid + Alternate B Bid Amount Division II (Water Main) Bid Amount Division I Total Base Bid + Alternate A + Division II Bid Amount Division I Total Base Bid + Alternate B + Division II Bid Amount Aspro, Inc. PO Box 2620 Waterloo, Iowa 50704 5% $7,449,459.47 Voice vote -Ayes: Seven. Motion carried. 137762 - Greenwood/Schmitt that proof of publication of notice of public hearing on request of Croell Readi Mix Inc. for a site plan amendment to the 'M -2,P" Planned Industrial District for property generally located at 4802 Sergeant Road for the purpose of constructing a temporary redi-mix batch plant on the property for a period of 24 months, as published in the Waterloo Courier on April 5, 2012, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 137763 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Aric Schroeder, City Planner, noted that it is along the bike trail but it should not have an impact on the trail. Greenwood/Schmitt that the hearing be closed and oral and written comments and recommendation of approval of Planning, Programming and Zoning Commission, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 137764 - Greenwood/Schmitt that "an Ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10- 4-4, Approving a Site Plan Amendment on Certain Property in conjunction with request of Croell Readi Mix Inc. for a site plan amendment to the "M -2,P" Planned Industrial District for property generally located at 4802 Sergeant Road for the purpose of constructing a temporary redi-mix batch plant on the property for a period of 24 months", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Seven. Motion carried. 137765 - Greenwood/Schmitt that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Seven. Motion carried. April 9, 2012 Page 4 137766 - Greenwood/Schmitt that "an Ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10- 4-4, Approving a Site Plan Amendment on Certain Property in conjunction with request of Croell Readi Mix Inc. for a site plan amendment to the "M -2,P" Planned Industrial District for property generally located at 4802 Sergeant Road for the purpose of constructing a temporary redi-mix batch plant on the property for a period of 24 months", be considered and passed for the second and third times and adopted. Roll call vote -Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 5111. 137767 - Getty/Schmitt that proof of publication of notice of public hearing on request by Invision Architecture on behalf of the Waterloo Community School District to rezone 20.56 acres from "A-1" Agricultural District to "R-1" One and Two Family Residence District, property located at the northeast corner of Kimball Avenue and East Orange Road in connection with the new Orange Elementary School, generally located at the northeast corner of Kimball Avenue and East Orange Road, as published in the Waterloo Courier on April 5, 2012, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 137768 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Getty/Schmitt that the hearing be closed and oral and written comments and recommendation of approval of Planning, Programming and Zoning Commission, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 137769 - Getty/Schmitt that "an Ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10- 4-4, Rezoning Certain Property in conjunction with request by Invision Architecture on behalf of the Waterloo Community School District to rezone 20.56 acres from "A-1" Agricultural District to "R-1" One and Two Family Residence District, property located at the northeast corner of Kimball Avenue and East Orange Road in connection with the new Orange Elementary School, generally located at the northeast corner of Kimball Avenue and East Orange Road", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Seven. Motion carried. 137770 - Getty/Schmitt that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Seven. Motion carried. 137771 - Getty/Schmitt that "an Ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10- 4-4, Rezoning Certain Property in conjunction with request by Invision Architecture on behalf of the Waterloo Community School District to rezone 20.56 acres from "A-1" Agricultural District to "R-1" One and Two Family Residence District, property located at the northeast corner of Kimball Avenue and East Orange Road in connection with the new Orange Elementary School, generally located at the northeast corner of Kimball Avenue and East Orange Road", be considered and passed for the second and third times and adopted. Roll call vote -Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 5112. 137772 - Greenwood/Schmitt that proof of publication of notice of public hearing on request by Waterloo Development Corporation and the City of Waterloo to rezone the area bonded by Jefferson Street, West 1st Street, West 3rd Street and Washington Street from "M- 1" Light Industrial District to "C-3" Central Business District, to allow for the development of a new 130,000 square foot recreational and athletic indoor sports facility (Cedar Valley Sportsplex), as published in the Waterloo Courier on April 5, 2012, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. April 9, 2012 Page 5 137773 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Greenwood/Schmitt that the hearing be closed and recommendation of approval of Planning, Programming and Zoning Commission, be received and placed on file. Voice vote - Ayes: Seven. Motion carried. 137774 Greenwood/Schmitt that "an Ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10- 4-4, Rezoning Certain Property in conjunction with request by Waterloo Development Corporation and the City of Waterloo to rezone the area bonded by Jefferson Street, West 1st Street, West 3rd Street and Washington Street from "M- 1" Light Industrial District to "C-3" Central Business District, to allow for the development of a new 130,000 square foot recreational and athletic indoor sports facility (Cedar Valley Sportsplex)", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Seven. Motion carried. 137775 - Greenwood/Schmitt that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Seven. Motion carried. 137776 - Greenwood/Schmitt that "an Ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10- 4-4, Rezoning Certain Property in conjunction with request by Waterloo Development Corporation and the City of Waterloo to rezone the area bonded by Jefferson Street, West 1st Street, West 3rd Street and Washington Street from "M- 1" Light Industrial District to "C-3" Central Business District, to allow for the development of a new 130,000 square foot recreational and athletic indoor sports facility (Cedar Valley Sportsplex)", be considered and passed for the second and third times and adopted. Roll call vote -Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 5113. 137777 - Cole/Getty that proof of publication of notice of public hearing on request to vacate a portion of West 2nd Street located between Jefferson Street and Washington Street, a portion of Washington Street from West 3rd Street to West 2nd Street, and a portion of the public alleys located in Block 13 and Block 14 of Original Plat of Waterloo West, subject to the retention of a utility easement over, under and upon the portion of vacated Washington Street, to allow for the development of a new 130,000 square foot recreational and athletic indoor sports facility (Cedar Valley Sportsplex), as published in the Waterloo Courier on April 5, 2012, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 137778 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Cole/Getty that the hearing be closed and recommendation of approval of Planning, Programming and Zoning Commission, be received and placed on file. Voice vote - Ayes: Seven. Motion carried. 137779 - Cole/Getty that "an Ordinance vacating a portion of West 2nd Street located between Jefferson Street and Washington Street, a portion of Washington Street from West 3rd Street to West 2nd Street, and a portion of the public alleys located in Block 13 and Block 14 of Original Plat of Waterloo West, subject to the retention of a utility easement over, under and upon the portion of vacated Washington Street in conjunction with request to vacate a portion of West 2nd Street located between Jefferson Street and Washington Street, a portion of Washington Street from West 3rd Street to West 2nd Street, and a portion of the public alleys located in Block 13 and Block 14 of Original Plat of Waterloo West, subject to the retention of a utility easement over, under and upon the portion of vacated Washington Street, to allow for the development of a new 130,000 square foot recreational and athletic indoor sports facility (Cedar Valley Sportsplex)", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Seven. Motion carried. April 9, 2012 Page 6 137780 - Cole/Getty that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Seven. Motion carried. 137781 - Cole/Getty that "an Ordinance vacating a portion of West 2nd Street located between Jefferson Street and Washington Street, a portion of Washington Street from West 3rd Street to West 2nd Street, and a portion of the public alleys located in Block 13 and Block 14 of Original Plat of Waterloo West, subject to the retention of a utility easement over, under and upon the portion of vacated Washington Street in conjunction with request to vacate a portion of West 2°a Street located between Jefferson Street and Washington Street, a portion of Washington Street from West 3rd Street to West 2"a Street, and a portion of the public alleys located in Block 13 and Block 14 of Original Plat of Waterloo West, subject to the retention of a utility easement over, under and upon the portion of vacated Washington Street, to allow for the development of a new 130,000 square foot recreational and athletic indoor sports facility (Cedar Valley Sportsplex)", be considered and passed for the second and third times and adopted. Roll call vote -Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 5114. RESOLUTIONS 137782 - Welper/Schmitt that "Resolution approving recommendation of award of contract to The Louis Berger Group, Inc. of Marion, Iowa in the amount of $17,560.00 for Sans Souci Historic Booklet Services in connection with Public Assistance (PA) Demolition Activities of the Hazard Mitigation Grant Program (HMGP) Property Acquisition Project -Submitted by Aric Schroeder, City Planner", be adopted. Roll call vote - Ayes: Seven. Aric Schroeder, City Planner, explained that after the floods of 2008 FEMA did a historic review of the properties on San Souci Island. It was found that the properties being demolished were historic and needed to be documented. The City will receive copies of the booklets when finished. Resolution adopted and upon approval by Mayor assigned No. 2012-310. 137783 - Welper/Schmitt that "Resolution approving amendment to Development Agreement with Waterloo Development Corporation (WDC) to allow WDC access to the property generally located between West 1st Street and West 3rd Street, between Washington Street and Jefferson Street to begin site development activities for construction of the Cedar Valley Sportsplex-Submitted by Mayor Buck Clark", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-311. 137784 - Welper/Schmitt that "Resolution rescinding Resolution No. 2012-257 authorizing said sale and conveyance, and authorize City Attorney to prepare and deliver deed accordingly in conjunction with request of Dolly James, LLC to vacate any and all easements generally located within the area bounded by the Cedar River and Sycamore Street between the Union Pacific Railroad and East 8th Street to allow for the construction of a multi -family housing development -Submitted by Suzy Schares, City Clerk", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-312. 137785 - Schmitt/Greenwood that "Resolution approving a contract addendum to the contract originally dated February 23, 2009 with Denver Construction of Denver, Iowa extending said agreement for two years to expire on April 9, 2014 at a cost of $55.89 per ton for the Drop Off Site Recycling Collection and Disposal Program; and authorize Mayor and City Clerk to execute said document -Submitted by Larry N. Smith, Waste Management Services Superintendent", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-313. April 9, 2012 137786 - Schmitt/Greenwood Page 7 that "Resolution setting date of hearing as April 16, 2012 to review the proposed funding recommendations set forth by the Community Development Board for CDBG and HOME Program funds for the FY2013 Waterloo/Cedar Falls HOME Consortium Consolidated Plan application; and instruct City Clerk to publish notice -Submitted by Rudy Jones, Community Development Director", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-314. 137787 - Schmitt/Greenwood that "Resolution accepting bid, award of contracts and approval of contracts, bonds, certificates of insurance to ATC of Waterloo, Iowa in the amount of $1,195.00 in conjunction with Asbestos Survey Services for the following properties: 320 West 2nd Street and 218 West Mullan Avenue; and authorize Mayor and City Clerk to execute said documents -Submitted by Noel Anderson, Community Planning & Development Director", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-315. 137788 - Hart/Welper that "Resolution declaring a moratorium for a period of 90 days for approval or licensing of new alcohol-related drinking and retail establishments (including new licenses and transfers) in the proposed Broadway Overlay District in the City of Waterloo, Black Hawk County, Iowa -Submitted by Noel Anderson, Community Planning & Development Director", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-316. 137789 - Hart/Welper that "Resolution accepting bid, award of contracts and approval of contracts, bonds, certificates of insurance to Howard R. Green of Cedar Rapids, Iowa in the amount not to exceed $3,217.00 to prepare Phase II Environmental Assessments on 212, 220, and 222 Jefferson Street (Cedar Valley Sports Plex Area); and authorize Mayor and City Clerk to execute said documents -Submitted by Noel • Anderson, Community Planning & Development Director", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-317. OTHER COUNCIL BUSINESS 137790 - Hart/Welper to instruct City Engineer to prepare plans, specifications, form of contract, etc. in conjunction with F.Y. 2012 Asphalt Overlay Program, Contract No. 818, be approved. Voice vote -Ayes: Seven. Motion carried. 137791 - Hart/Welper that plans, specifications, form of contract, etc. in conjunction with F.Y. 2012 Asphalt Overlay Program, Contract No. 818, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 137792 - Hart/Welper that "Resolution preliminarily approving plans, specifications, form of contract, etc. in conjunction with F.Y. 2012 Asphalt Overlay Program, Contract No. 818", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-318. 137793 - Hart/Welper that "Resolution setting date of hearing and bid opening as April 23, 2012 and instruct City Clerk to publish notice of plans, specifications, form of contract, etc. in conjunction with F.Y. 2012 Asphalt Overlay Program, Contract No. 818", be adopted. Roll call vote -Ayes: Seven. John Sherbon, 1715 Robin Road, expressed concern that the streets are not being completed in a timely matter. He requested that the contractor be given a set amount of time to complete the projects. Mayor Clark thanked him for his comments and noted that the issue is being addressed. Resolution adopted and upon approval by Mayor assigned No. 2012-319. April 9, 2012 Page 8 137794 - Hart/Welper to instruct Leisure Services Director to prepare plans, specifications, form of contract, etc. in conjunction with 2012 Riverfront Stadium Box Seating Project, be approved. Voice vote -Ayes: Seven. Motion carried. 137795 - Hart/Welper that plans, specifications, form of contract, etc. in conjunction with 2012 Riverfront Stadium Box Seating Project, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 137796 - Hart/Welper that "Resolution preliminarily approving plans, specifications, form of contract, etc. in conjunction with 2012 Riverfront Stadium Box Seating Project", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-320. 137797 - Hart/Welper that "Resolution setting date of hearing and bid opening as April 23, 2012 and instruct City Clerk to publish notice of plans, specifications, form of contract, etc. in conjunction with 2012 Riverfront Stadium Box Seating Project", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-321. ORAL PRESENTATIONS Phil Destival reported that his property is just north of Cedar Valley Lawn Care and the water from the large buildings is flowing onto his property. He asked why the property owner is not being required to put in the retention ponds he is required to have. Shawn Payne, 107 Elmwood, reported that Harris Cleaning is throwing material out of a building downtown that is covering citizens walking down the street. He expressed concern with the lack of communication from Code Enforcement. John Sherbon, 1715 Robin Road, expressed concern with tax appraisal increases. He suggested using the Hotel/Motel tax funds. Ryan Madison, 650 Dawson Street, thanked Council for passing a moratorium on liquor licenses. He reported that other states are putting it in the voter's hand. He suggested putting a committee together to decrease the number of liquor stores. Mayor Clark noted that the moratorium was set for 90 days to allow City staff to develop an overlay in the area to be brought to Council for approval. 137798 - Hart/Cole that the above oral comments be received and placed on file. Voice vote -Ayes: Seven. Motion carried. ADJOURNMENT 137799 - Hart/Cole that the Council adjourn at 6:20 p.m. Voice vote -Ayes: Seven. Motion carried. Suzy Schares City Clerk CITY OF WATERLOO Council Communication City Council Meeting: April 16, 2012 Prepared: March 28, 2012 Dept. Head Signature: J o_"`�► # of Attachments: 2 SUBJECT: Reading of the "Days of Remembrance" Proclamation Submitted by: Mayor Clark Recommended City Council Action: Summary Statement: Expenditure Required Source of Funds Policy Issue Alternative Background Information: CITY OF WATERLOO, IOWA PROCLAMATION WHEREAS, the Holocaust was the state-sponsored, systematic persecution and annihilation of European Jewry by Nazi Germany and its collaborators between 1933 and 1945. Jews were the primary victims — six million were murdered; Roma (Gypsies), people with disabilities, and Poles also were targeted for destruction or decimation for racial, ethnic, or national reasons. Millions more, including homosexuals, Jehovah's Witnesses, Soviet prisoners of war and political dissidents also suffered grievous oppression and death under Nazi tyranny; and WHEREAS, the history of the Holocaust offers an opportunity to reflect on the moral responsibilities of individuals, societies, and governments; and WHEREAS, we the people of the City of Waterloo should always remember the terrible events of the Holocaust and remain vigilant against hatred, persecution, and tyranny; and WHEREAS, we the people of the City of Waterloo should actively rededicate ourselves to the principles of individual freedom in a just society; and WHEREAS, the Days of Remembrance have been set aside for the people of the City of Waterloo to remember the victims of the Holocaust as well as to reflect on the need for respect of all peoples; and WHEREAS, pursuant to an Act of Congress (Public Law 96-388, October 7, 1980), the United States Holocaust Memorial Council designates the Days of Remembrance of the victims of the Holocaust to be Sunday, April 15 through April 22, 2012, including the Day of Remembrance known as Yom Hashoah, April 19, 2012. NOW; THEREFORE, I, Buck Clark, Mayor of the City of Waterloo, Iowa do hereby proclaim the week of Sunday, April 15 through Sunday April 22, 2012 as DAYS OF REMEMBRANCE in memory of the victims of the Holocaust, and in honor of the survivors, as well as the rescuers and liberators, and further proclaim that we, as citizens of the City of Waterloo, should strive to promote human dignity and confront hate whenever and wherever it occurs. IN WITNESS WHEREOF, I have hereunto set my hand and caused the official seal of the City of Waterloo to be affixed this 161" day of April 2012. ATTEST: Suzy S City of • ares, City Clerk aterloo, Iowa 4.1,41 Buck Clark, Mayor City of Waterloo, Iowa iu ii CITY OF WATERLOO Council Communication City Council Meeting: Prepared: Dept. Head Signature: # of Attachments: April 16, 2012 April 2, 2012 SUBJECT: Proclamation: Black Hawk County Youth Shelter Awareness Day Submitted by: Mayor Clark Recommended City Council Action: Summary Statement • Expenditure Required Source of Funds Policy Issue Alternative Background Information: CITY OF WATERLOO, IOWA PROCLAMATION WHEREAS, shelter care in Waterloo, Iowa, provides invaluable support services to youth who are homeless, have been physically and emotionally abused, abandoned, neglected, runaway, or are court ordered to the least restrictive environment; and WHEREAS, youth shelters provide much more than just a place to stay, they are a `.' source of stability and hope; and WHEREAS, the dedicated staff members in the youth shelter of Black Hawk County, Waterloo, Iowa, provide endless support to those they serve; and WHEREAS, the staff are an inspiration to all in the community, demonstrating the good a group of committed individuals focused on the same goal can accomplish when working together. NOW, THEREFORE, I, Buck Clark, Mayor of the City of Waterloo, Iowa, do hereby proclaim in Waterloo, Iowa, the date of April 21, 2012, as BLACK HAWK COUNTY YOUTH SHELTER AWARENESS DAY and urge all Iowans to lend their support to these shelter facilities across the state that plant the seeds of hope for the future. IN WITNESS Yl(H$REO, I have hereunto set my hand and caused the official seal of the City of Waterloo to be affixed this 16th day of April 2012. ATTEST: Suzy Sch • res, City Clerk City of Waterloo, Iowa uck Clark, Mayor City of Waterloo, Iowa CITY OF WATERLOO Council Communication City Council Meeting: April 16, 2012 Prepared: April April 9, 2012 Dept. Head Signature: Joe Leibold, Police Captain # of Attachments: Two SUBJECT: Job Foundation 5K Submitted by: Joe Leibold Captain (Waterloo Police) Recommended City Council Action: Approve the 5K route, use of City Barricades and police officers for traffic control as needed. Summary Statement: September 29th from 9 AM to 11 AM. The route is through residential streets that can be controlled with barricades. They will need marked squad cars to provide assistance and traffic control at Cedar Bend. Expenditure Required: Labor costs associated with providing the traffic control/protection, labor to deliver and retrieve City barricades and fuel costs associated with the listed operations. The event will pay for two off duty officers to ensure the safety of the runners. Source of Funds: Policy Issue: N/A Alternative: Background Information: the JOB FOUNDATION 2712 Orchard Dr Suite B2 Cedar Falk, IA 50613 1-800-672-1885 www.thejobfoundation.org Chief Trelka and Waterloo City Hall 715 Mulberry Waterloo, IA 50703 Dear Chief Trelka and Waterloo City Hall, February 6, 2012 The Job Foundation is a non-profit agency that has served the city of Waterloo for more than five years. This letter is to request permits, policing, and parking facilities needed to host our first 5K, scheduled for Saturday, September 29, 2012 at 9:00 a.m. Our 5K will serve as a fundraiser for our organization and will also highlight National Tutoring Month, as tutoring is a core component of our services. The National Tutoring Association will be in attendance to help us promote the event as they have volunteered their presence. We anticipate that the event will be a great success! Please see the enclosed map for the details of the route we would like our 5K to follow. We believe the route is both scenic and includes several sidewalks. However, we would request security at intersections as you deem beneficial. Also, we would like the event to begin and end at the Hoing-Rice Complex. Previously, we obtained a permit for this event at Tidbits Park. However, this permit was requested by a former employee and after review, we do not believe the parking situation at Tidbits will be sufficient. Also, if possible, we request permission to use the shelter at Hoing-Rice as well as the parking lot, what appears to be a public lot also on that block, and the use of Lincoln School's parking lot for over -flow. We understand there will be costs associated with all these requests, and we would be open amending our plans as the City of Waterloo deems necessary. Please do not hesitate to contact me: Jennifer Brost, President &CEO, The Job Foundation 2712 Orchard Dr. Suite B2, Po Box 1141, Cedar Falls, Iowa 50613; 319-464-2389; iscouth@aol.com. Thank you so much for your consideration and time! Sincerely, v Jennifer Brost, President, Founder and CEO "No financially disadvantaged child in Waterloo, IA will grow up to financially disadvantaged" Waterworks; Park. Bit Virgin•ia Si. Virginia. St C Walker St Lincoln }4h Elkrnen ScIroial es Virginia St Aldo Sonic e. S P.X,ITIV e Center Hoing-Rice Softball Center Walker St. ry 0 -tI CO Cedar Bend Park. N Jo 0 N v%oI1 st_ ur Kern St. W Parkor St Thorson { •Edison St {0 ;I: a•i Pante rAv U m U CO Nutwood AVc.t k, R Ti; Rionl (r Medina'; Martial Ant • Newton Kern S ..i Monday, Apr 09, 2012 09:14 AM 4 Exchange Park. Confit CITY OF WATERLOO Council Communication City Council Meeting: April 16, 2012 Prepared: April 11, 2012 Dept. Head Signature: Joe Leibold, Police Captain # of Attachments. Two SUBJECT: Kingsley/Lou Henry School 5K Run Submitted by: Joe Leibold Captain (Waterloo Police) Recommended City Council Action: Approve the 5K route, use of City Barricades and police officers for traffic control as needed. Summary Statement: April 28th from 8:3o AM to to AM. The route is through residential streets that can be controlled with barricades. They will need marked squad cars to provide assistance and traffic control at Ridgeway and Prospect Blvd. Expenditure Required: Labor costs associated with providing the traffic control/protection, labor to deliver and retrieve City barricades and fuel costs associated with the listed operations. Source of Funds: Policy Issue: N/A Alternative: Background Information: 4-11-2012 To Whom It May Concern: My name is Linda Garrison and I am a teacher at Lou Henry Elementary. I am working with Skyler Ahrens who is also a teacher at Kingsley Elementary to set up a 5K run/walk. The purpose of the event is to serve as a joint fundraiser for health equipment for our students so they can learn how to set healthy goals and monitor their progress. We would like to request the help of 3 police officers for the event which is to be held on April 28th. The race is to begin at 8:30 AM at Kingsley elementary, proceed southward on Prospect across Ridgeway and turn eastward onto Rachel. Participants will follow Rachael, turn northward onto Colby then westward onto West Park Lane, then follow Hilltop westward and turn northward onto Prospect back to Kingsley. I have contacted Captain Joe Liebold and, per his suggestion, we would like to have one police officer lead the runners, one to monitor the intersection at Prospect and Ridgeway, and another to trail the runners. We would also like to request the use of some barricades as needed. We appreciate your time and your help with our request. If there are any questions please feel free to contact me. Thank you, Linda Garrison Lou Henry Elementary 312 Rachael St. Waterloo, IA 50701 Work: 319-433-2860 Cell: 319-296-6967 a - Byron Ave / arelir ) _r tAt tvlItol ellAv lle l ' 6 Waterloo e2 Wata00 11161kBcheo Adlottodo Blvd I 4HI e ve FtridgPvgaY))1Ye-- _ . .:% P :rid & mn O& Wednesday, Apr y», 07ew 1r Application Exception to Burning Yard Waste City of Waterloo, Iowa The undersigned hereby requests that the City of Waterloo, Iowa, consider the following application to allow the burning of yard waste in accordance with Section 4-3-8 of the Waterloo Code of Ordinances. 1. Name of Applicant: 2. Address and Phone No. of Applicant ZO4 v \—'i C7 3 la -- 23(-0 L e 24 (1-4ok As Gly . A .7>z s 3. General Description of area to be burned (including size): KI i 1 \t i v\tJA ? A --k 2t t✓ - LA2Act 4. Dates and times of burning: %vtu&- -t 7 is- ?Z 5. Description of Vegetation: _C _ d 6. Description of management techniques: ADA I� Z 7 ASSIS (A r-) ] 7. Describe containment procedures: &i SSS {7 t=om t dpi l ,F-, Signature of Applicant The Waterloo City Council will act on this applicant and you will be notified of their decision. Prior to burning, please notify the Waterloo Fire Department: 1. To determine if proper weather conditions exist, and 2. To determine need for stand-by vehicles. FOR CITY USE ONLY: This application has been reviewed and approved by: Fire Chief Fee Paid Receipt No. Approval $ D (90 00730 3 v p d L Prici, v IY> lc �a k -a X30; i F Int may, .LA Date G - I -Z C,11.0..ECC; FM Cs /)ap"� TRAVEL REQUEST CITY OF WATERLOO FINANCE DEPT. LINE ITEM USED FY _2012_ BUDGETED EXPENDED YTD THIS REQUEST LEFT AFTER THIS REQUEST DATE Original - Clerk/Finance STAFF ONLY 010-11-1100-1346 ,;2(5 ?`/3 3/€;" �l / '/I6() - ) /Y Copy - Department NAME(S) AND POSITION(S): Officer Steve Bose & Officer Mike Girsch DATE: March 29, 2012 NAME OF CLASS / MEETING: Basic Tactical Unit SWAT School DESTINATION: Minneapolis, Minnesota DEPARTURE POINT IF NOT WATERLOO: DEPARTURE DATE: May 20, 2012 Return Date: May 25,2012 DATE(S) OF MEETING: May 21-25,2012 PURPOSE OF TRAVEL: Lt Frana is requesting authorization to send Officer's Steve Bose and Mike Girsch to the Basic Tactical Unit School at the Camp Ripley on May 21-25, 2012, near Minneapolis, Minnesota. Both Officers have recently been chosen to be members of the Waterloo Police Department Tactical Unit and completed a training 3 -day training with the Waterloo Police Department Tactical Unit. Both Officers need to attend a Basic Tactical Unit SWAT to complete their training so they can be utilized on our tactical unit. This 5 -day School, which is taught by the Minneapolis Police Department SWAT Team, will be hands on school, which will teach the attendees about special weapons and tactics used by the tactical unit. The cost of registration is $550.00 per officer and would require lodging the night before the class and food. A city vehicle will be needed for travel to the training facility. WILL TRAVEL REQUIRE ADDITIONAL PERSONNEL: x COST $ YES NO METHOD OF TRAVEL: XX CITY VEHICLE AIRFARE DEPARTING FROM: PRIVATE VEHICLE ESTIMATE OF COST: $625.00 LODGING $496.00 MEALS $1100.00 REGISTRATION $100.00 MILEAGE/FUEL TOTAL FOR ALL: $ 2321.00 TAXI PARKING AIRFARE MISC/TOLLS BUDGET LINE ITEM: x GRANT REIMBURSABLE YES NO x REQUIRED CERTIFICATION YES NO TOTAL: $ 1160.50 PER PERSON I BELIEVE THIS TRIP SERVES A PUBLIC PURPOSE AND IS NECESSARY AND BENEFICIAL TO THE CITY OF WATERLOO DEPAR ENT HEAD I APPROVE THIS TRAVEL REQUEST MAYOR kiitel,90 et - DATE DATE AOA -.6(N( TRAVEL REQUEST CITY OF WATERLOO FINANCE DEPT. LINE ITEM USED FY _2012 BUDGETED EXPENDED YTD THIS REQUEST LEFT AFTER THIS REQUEST DATE Original - Clerk/Finance STAFF ONLY 010-11-1100-1346 47, /00 4 a7v`- a3, 27760 i' -oto/ - Copy - Department NAME(S) AND POSITION(S): Officer Marc Moore DATE: April 2, 2012 NAME OF CLASS / MEETING: Interview & Interrogation DESTINATION: Johnston, Iowa DEPARTURE POINT IF NOT WATERLOO: DEPARTURE DATE: April 30, 2012 Return Date: May 4, 2012 DATE(S) OF MEETING: April 30 -May 4, 2012 PURPOSE OF TRAVEL: Lt Frana is requesting authorization to send Officer Marc Moore to the MCTC interview and Interrogation course on April 30 -May 4, 2012 at the Midwest Counter Drug Training Center, in Johnston, Iowa. This 5 -Day course is designed to enable police professionals to enhance their ability to gain information and determine the truth through the interview and interrogation process. This course is provided by the Midwest Counter drug Training Center and provided at no registration cost. This training was approved by Council on 2/13/12 and originally set for March 5-9,2012 but was cancelled at the last minute due to an illness in the instructors family. It is now rescheduled and MCTC will now pay for the lodging of Officer Moore. The only cost to the city will be meals. A city vehicle will be needed for travel to the training facility. WILL TRAVEL REQUIRE ADDITIONAL PERSONNEL: x COST $ YES NO METHOD OF TRAVEL: XX CITY VEHICLE AIRFARE DEPARTING FROM: PRIVATE VEHICLE ESTIMATE OF COST: $ 0.00 LODGING $195.00 MEALS $0.00 REGISTRATION $75.00 MILEAGE/FUEL TOTAL FOR ALL: $ 270.00 TAXI PARKING AIRFARE MISC/TOLLS BUDGET LINE ITEM: x GRANT REIMBURSABLE YES NO x REQUIRED CERTIFICATION YES NO TOTAL: $ 270.00 PER PERSON I BELIEVE THIS TRIP SERVES A PUBLIC PURPOSE AND IS NECESSARY AND BENEFICIAL TO THE CITY OF WATERLOO I APPROVE THIS TRAVEL REQUEST DEPARTMENT HEAD MAYOR - Z_ - 1(ike [dap -- DATE DATE CITY OF WATERLOO Council Communication City Council Meeting: Prepared: Dept. Head Signature: # of Attachments: SUBJECT: April 16, 2012 April 10, Correction to Bonetta Culp's term on the Civil Service Commission. Expiration changed from April 1, 2018 to April 1, 2016. (Terms are 4 -year terms, not 6•year terms). Submitted by: Mayor Clark Recommended City Council Action: Approval Summary Statement Expenditure Required Source of Funds Policy Issue Alternative Background Information: Mayor BUCK CLARK COUNCIL MEMBERS DAVID JONES Ward 1 CAROLYN COLE Ward 2 HAROLD GETTY Ward 3 QUENTIN M. HART Ward 4 RON WELPER Ward 5 BOB GREENWOOD At -Large STEVE . SCHM T At -Large CITY OF WATERLOO, IOWA CITY ATTORNEY/8 OFFICE 715 Mulberry St. • Waterloo, IA 50703 • (319) 291-4327 Fax (319) 291-4571 JAMES E. WALSH, JR., City Attorney • DAVID R ZELLHOEn R, Assistant City Attorney April 16, 2012 Mayor Buck Clark and City Council City Hall Waterloo, IA 50703 Dear Mayor Clark and Council Members: I have examined the bonds filed with the City Clerk/Auditor's Office up to the close of business on April 16, 2012. Of the /_ bonds submitted, LY were approved and Q rejected, as shown on the attached list. Very truly yours, ', /// avid R. lam`" hoefer Assistant City Attorney DRZ:sda CITY WEBSITE: www.cityofwaterlooiowa.com WE'RE WORKING FOR YOU! An Equal Oppwrtunity/AfI imativeAction Employer City B. ._S tEF DATE 16%12 ..INE -o: 26: 03 VENDOR Invoic; N INVOICE REFUND C10 37 4200 C I r. i_ M A N A G E N a N OPEN INVOICE REPORT INVOICE DESCRIPTION PAGE 53 AAP2 064 INV DATE OLE DATE G: L DATE INV NST -•.`.�A ..-- :IT l ,MT ORDER TOTAL INVOICE ITEMS - P33C .F1JND _ _ 751F9617 _, R - OS a .. - 1.111 _ A - _ _ _- REFUND DAM GE DEPOSIT Irrve__; 010 37 4100 176E TAL IN'V'OII:E 77 r15 16724 Cr.2QA I iD=__ BELTED 4fl.FLCO2 1rErw P.O. Al CONTRACT P DESCRIPTION -.. BELTS & HOSES 1151002 invoice 010 13 7955 1569 TO7AL T_NVDI0 TOTAL INVci•.,cE td1TH bt_ TOTAL :.. SV. 00 4%16/2012 200. CG TOTAL ANT WORK ORDER 1.0000 2 A 200.00 200.00 POT: 1. 0000 AMT: 200.00 DATE D 4/16!2012 617 _ 1 ,_5/19,12Z fi TOTAL ANT NORI ORDER 1.0000 54 142.13 142.13 PCT: 1.0000 AMT: 142.13 APRIL 16, 2012 Friday's AP64o Report Total + Adj for data entry errors, canceled/added PVs, Etc Treasurer - State of Iowa Precise MRM, LLC Operation Threshold 1 ,308;002i21 1,507.54 15 . se 1 1 93.63 Monday's AP64o Report Total 1,310,860.26 WORK COMPCLAIMS HOUSING AUTHORITY' 4/6/12 - GROSS PAYROLL 6,941.75 2,797.36 1,375,737.32 Bill Payment Total 2,696,336.69 uelU 1 e ( LIT/ID.L /G- .zci2 _, 310: 860. 26 1. 310, 860. 26 t BONDS FOR COUNCIL APPROVAL APRIL 16, 2012 RIGHT OF WAY CONSTRUCTION BOND (EXPIRES 4/30/12) AMOUNT: $5,000.00 7900383696 CEDAR VALLEY RENOVATIONS LLC WATERLOO, IA 95 CG 6014 3 JAMES TERRELL WATERLOO, IA RIGHT OF WAY CONSTRUCTION BOND (EXPIRES 4/30/13) AMOUNT: $5,000.00 7900384431 ALAN EVEN DBA AL'S KOUNTRY CONSTRUCTION LLC 7900370807 ANTHONY FISCHELS BD 7900649534 BENTON SAND & GRAVEL, INC. BD 7900545028 BOWERS MASONRY, INC. BD 7900580565 DON L. BLAKE 95 BA G306 0 IOWA FLATWORKS 60792187 J C PLUMBING & HEATING COMPANY RLI0618722 LARRY A RUST LARRY AND COMPANY 7900636738 LES SHIMP DBA SHIMP CONSTRUCTION IA 577939 MICHAEL B GEISLER DBA GEISLER BUILDERS 95 BA K037 4 NINO F. COSTARELLA DBA CHRISTENSEN BUILDING & REMODELING & REPAIR 95 02 3294 8 SWEERIN BROTHERS MASONRY JESUP, IA CEDAR FALLS, IA CEDAR FALLS, IA WATERLOO, IA WATERLOO, IA CEDAR FALLS, IA HUDSON, IA RAYMOND, IA FAIRBANK, IA CEDAR FALLS, IA CEDAR RAPIDS, IA WATERLOO, IA 7900303753 SWICK CABLE CONTRACTORS DES MOINES, IA NEW RENEWAL EXPIRATION CLASS a 11-ftn-l_2 /,a/a S / INSPECTION REPORT APPLICATION FOR BEER AND/OR LIG BUSINESS: alk r gywit ADDRESS: 3[3 G� , � Jj Approved/Denied Online _OL: iTh CJS ja i) 'uic)(- ?AS"T.. 1 TJ J PtlA WE, THE UNDERSIGNED, HAVE INSPECTED THE ABOVE MENTIONED PREMISES AND FOUND THAT THIS ESTABLISHMENT MEETS THE MINIMUM STANDARDS AS SET FORTH BY ALL APPLICABLE LAWS AND ORDINANCES. WE REPORT OUR FINDINGS AS FOLLOWS: HEALTH & SANITATION COMMENTS: THIS ESTABLISHMENT IS CURRENTLY IN COMPLIANCE WITH THE CODE OF IOWA CHAPTER 137F (FOOD CODE) THIS ESTABLISHMENT IS NOT CURRENTLY IN COMPLIANCE WITH THE CODE OF IOWA CHAPTER 137F (FOOD CODE) APPROVED BY: J C �l(lr j3®l DATE: FIRE MARSHALL COMMENTS: S APPLICANT IS IN COMPLIANCE WITH THE CURRENT FIRE CODE NOT IN COMPLIANCE WITH FIRE CODE APPROVED BY: DATE: 9.3 72 POLICE CHIEF OR DESIGNEE WE HAVE RESFARC-HED THEAPPLICABLERECORDS_OF THE -ABOVE-MENTIONED ESTABLISHM{E TANR PORT THE FOLLOWING: DENIED BY: /-, APPROVED BY: STATUS ae COUNCIL AC IO : (.(Iti(-2� DATE: (P19yjl2- DATE: I`I!c Application Exception to Burning Yard Waste City of Waterloo, Iowa The undersigned hereby requests that the City of Waterloo, Iowa, consider the following application to allow the burning of yard waste in accordance with Section 4-3-8 of the Waterloo Code of Ordinances. 1. Name of Applicant: (recite__ 2. Address and Phone No. of Applicant 7/5 & ver -.5164- 47r/i) e. 3/7-- 235 zsrt© 3. General Description of area to be burned (including size): irme 4. Dates and times of burning: 5. Description of Vegetation: am" 71-ec 6. Description of management techniques: gViral h 18/ /Z Wh 40-ge 7. Describe containment procedures: v nfrn — Xcnceh GA.cf< r �� I Signatur9of Applic The Waterloo City Council will act on this applicant and you will be notified of their decision. Prior to burning, please notify the Waterloo Fire Department: 1. To determine if proper weather conditions exist, and 2. To determine need for stand-by vehicles. FOR CITY USE ONLY: This application has been reviewed and approved by: rval �„9 Date Fire Chief � c_P F Nv\ / - 6 - / Z Fee Paid $ Receipt No. TD. Q< AJ ij ! ,r k -11",-Q- CI -Lk -LA -CA '�,�.- Application Exception to Burning Yard Waste City of Waterloo, Iowa The undersigned hereby requests that the City of Waterloo, Iowa, consider the following application to allow the burning of yard waste in accordance with Section 4-3-8 of the Waterloo Code of Ordinances. 1. Name of Applicant: (recite__ 2. Address and Phone No. of Applicant 7/5 & ver -.5164- 47r/i) e. 3/7-- 235 zsrt© 3. General Description of area to be burned (including size): irme 4. Dates and times of burning: 5. Description of Vegetation: am" 71-ec 6. Description of management techniques: gViral h 18/ /Z Wh 40-ge 7. Describe containment procedures: v nfrn — Xcnceh GA.cf< r �� I Signatur9of Applic The Waterloo City Council will act on this applicant and you will be notified of their decision. Prior to burning, please notify the Waterloo Fire Department: 1. To determine if proper weather conditions exist, and 2. To determine need for stand-by vehicles. FOR CITY USE ONLY: This application has been reviewed and approved by: rval �„9 Date Fire Chief � c_P F Nv\ / - 6 - / Z Fee Paid $ Receipt No. TD. Q< AJ ij ! ,r k -11",-Q- CI -Lk -LA -CA '�,�.- Mayor BUCK CLARK COUNCIL MEMBERS DAVID JONES Ward I CAROLYN COLE Ward 2 HAROLD GETTY Ward 3 QUENTIN M. HART Ward 4 RON WELPER Ward 5 BOB GREENWOOD At -Large S'I'EVE SCHMITT At -Large CUTlt OF WATERLOO, IOWA CITY CLERK AND FINANCE DEPARTMENT 715 Mulberry Street • Waterloo, IA 50703 • (319) 291-4323 Fax (319) 291-4571 SUZY SCHARES • City Clerk MICHELLE WEIDNER, CPA • Chief Financial Officer Council Communication City Council Meeting: Prepared: Dept. Head Signature: Number of Attachments: April 2, 2012 March 27, 2012 C/LLLl }-&4!K.Q2) None SUBJECT: FYE2012 Bond Issue Hearing for Uses in the Downtown Urban Renewal Area Submitted by: Michelle Weidner, Chief Financial Officer Recommended City Council Action: Set the date of hearing for bonds to be issued this spring for projects in the Downtown Urban Renewal Area. We are requesting this hearing be done now so that we can move ahead with the completion of property acquisitions and demolitions in the downtown area. Therefore, I recommend that council adopt the following resolution: Resolution to fix date of hearing as April 16, 2012 on the issuance of not to exceed $800,000 General Obligation Bonds for essential corporate purposes of said City, the proceeds of which bonds will be used to provide funds to pay costs of aiding in the planning, undertaking and carrying out of urban renewal project activities under the authority of the Urban Renewal Plan for the Downtown Waterloo Urban Renewal and Redevelopment Plan Area and Chapter 403 of the Code of Iowa, including the acquisition of properties for public and private redevelopment. Summary Statement: We are planning to sell $8,000,000 in general obligation bonds for general purposes later this spring, but are still working on the project details for that issue. This hearing addresses only bonds to be used in the Downtown Urban Renewal Area. Expenditure Required: $800,000. Source of Funds: Repayment will be made using tax increment revenue. Policy Issue: repayment. The issuance of bonds commits the city to future Alternative: The City could choose not to sell bonds and not proceed with downtown urban renewal projects that are currently planned and underway. Background Informtf'g1iWEBSITE: www.cityofwaterlooiowa.com WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer (This Notice to be posted) NOTICE AND CALL OF PUBLIC MEETING Governmental Body: The City Council of Waterloo, Iowa. Date of Meeting: , 2012. Time of Meeting: o'clock .M. Place of Meeting: Council Chambers, City Hall, Waterloo, Iowa. PUBLIC NOTICE IS HEREBY GIVEN that the above mentioned governmental body will meet at the date, time and place above set out. The tentative agenda for said meeting is as follows: Not to exceed $800,000 General Obligation Bonds. • Resolution fixing date for a meeting on the proposition to issue. Such additional matters as are set forth on the additional page(s) attached hereto. (number) This notice is given at the direction of the Mayor pursuant to Chapter 21, Code of Iowa, and the local rules of said governmental body. City Clerk, Waterloo, Iowa , 2012 The City Council of Waterloo, Iowa, met in session, in the Council Chambers, City Hall, Waterloo, Iowa, at o'clock .M., on the above date. There were present Mayor , in the chair, and the following named Council Members: Absent: 1 Council Member introduced the following Resolution entitled "RESOLUTION FIXING DAZE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $800,000 GENERAL OBLIGATION BONDS (FOR ESSENTIAL CORPORATE PURPOSES) OF WA 1'ERLOO, IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF", and moved that the same be adopted. Council Member seconded the motion to adopt. The roll was called and the vote was, AYES: NAYS: Whereupon, the Mayor declared the resolution duly adopted as follows: RESOLUTION FIXING DA 1'E FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $800,000 GENERAL OBLIGATION BONDS (FOR ESSENTIAL CORPORATE PURPOSES) OF WATERLOO, IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF WHEREAS, it is deemed necessary and advisable that the City of Waterloo, Iowa, should issue General Obligation Bonds to the amount of not to exceed $800,000, as authorized by Section 384.24(3)(q), of the City Code of Iowa, for the purpose of providing funds to pay costs of carrying out essential corporate purpose projects as hereinafter described; and WHEREAS, before said bonds may be issued, it is necessary to comply with the provisions of said Code, and to publish a notice of the proposal to issue such bonds and the right to petition for an election, and of the time and place of the meeting at which the Council proposes to take action for the issuance of the bonds and to receive oral and/or written objections from any resident or property owner of said City to such action. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WA I ERLOO, IOWA: 2 . Section 1. That this Council meet in the Council Chambers, City Hall, Waterloo, Iowa, at o'clock .M., on the day of , 2012, for the purpose of taking action on the matter of the issuance of not to exceed $800,000 General Obligation Bonds for essential corporate purposes of said City, the proceeds of which bonds will be used to provide funds to pay costs of the aiding in the planning, undertaking and carrying out of urban renewal project activities under the authority of the Urban Renewal Plan for the Downtown Waterloo Urban Renewal and Redevelopment Plan Area and Chapter 403 of the Code of Iowa, including the acquisition of properties for public and private redevelopment. Section 2. That the Clerk is hereby directed to cause at least one publication to be made of a notice of said meeting, in a legal newspaper, printed wholly in the English language, published at least once weekly, and having general circulation in said City, said publication to be not less than ten clear days before the date of said public meeting on the issuance of said bonds. Section 3. The notice of the proposed action to issue said bonds shall be in substantially the following form: 3 NOTICE OF MEETING OF THE COUNCIL OF THE CITY OF WATERLOO, IOWA, ON THE MATTER OF THE PROPOSED ISSUANCE OF NOT TO. EXCEED $800,000 GENERAL OBLIGATION BONDS (FOR ESSENTIAL CORPORATE PURPOSES) OF SAID CITY, AND THE HEARING ON THE ISSUANCE THEREOF PUBLIC NOTICE is hereby given that the Council of the City of Waterloo, Iowa, will hold a public hearing on the day of , 2012, at o'clock .M., in the Council Chambers, City Hall, Waterloo, Iowa, at which meeting the Council proposes to take additional action for the issuance of not to exceed $800,000 General Obligation Bonds for essential corporate purposes of said City, in order to provide funds to pay costs of the aiding in the planning, undertaking and carrying out of urban renewal project activities under the authority of the Urban Renewal Plan for the Downtown Waterloo Urban Renewal and Redevelopment Plan Area and Chapter 403 of the Code of Iowa, including the acquisition of properties for public and private redevelopment. At any time before the date of said meeting, a petition, asking that the question of issuing such bonds be submitted to the legal voters of said City, may be filed with the Clerk of said City in the manner provided by Section 362.4 of the City Code of Iowa, pursuant to the provisions of Section 384.24(3)(q) of the City Code of Iowa. At the above meeting the Council shall receive oral or written objections from any resident or property owner of said City, to the above action. After all objections have been received and considered, the Council will at this meeting or at any adjournment thereof, take additional action for the issuance of said bonds or will abandon the proposal to issue said bonds. This notice is given by order of the Council of Waterloo, Iowa, as provided by Section 384.24(3)(q) of the City Code of Iowa. Dated this day of , 2012. City Clerk of Waterloo, Iowa (End of Notice) 4 PASSED AND APPROVED this day of 2012. Mayor Al MST: City Clerk STATE OF IOWA COUNTY OF BLACK HAWK CERTIFICA I ) SS I, the undersigned City Clerk of Waterloo, Iowa, do hereby certify that attached is a true and complete copy of the portion of the corporate records of said Municipality showing proceedings of the Council, and the same is a true and complete copy of the action taken by said Council with respect to said matter at the meeting held on the date indicated in the attachment, which proceedings remain in full force and effect, and have not been amended or rescinded in any way; that meeting and all action thereat was duly and publicly held in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Council (a copy of the face sheet of said agenda being attached hereto) pursuant to the local rules of the Council and the provisions of Chapter 21, Code of Iowa, upon reasonable advance notice to the public and media at least twenty-four hours prior to the commencement of the meeting as required by said law and with members of the public present in attendance; I further certify that the individuals named therein were on the date thereof duly and lawfully possessed of their respective city offices as indicated therein, that no Council vacancy existed except as may be stated in said proceedings, and that no controversy or litigation is pending, prayed or threatened involving the incorporation, organization, existence or boundaries of the City or the right of the individuals named therein as officers to their respective positions. WITNESS my hand and the seal of said Municipality hereto affixed this day of , 2012. City Clerk, Waterloo, Iowa SEAL 00853699-1\11310-095 Mayor BUCK CLARK COUNCIL MEMBERS DAVID JONES Ward 1 CAROLYN COLE Ward 2 HAROLD GETTY Ward 3 QUENTIN M. HART Ward 4 RON WELPER Ward 5 BOB GREENWOOD At -Large STEVE SCHMITT At -Large CITY OF WATERLOO, IOWA CITY HALL • 715 Mulberry Street Council Communication City Council Meeting: Prepared: Dept. Head Signature: Number of Attachments: SUBJECT: Submitted by: • Waterloo, IA 50703 April 2, 2012 March 29, 2012 Mayor Clark e (319) 291-4301 Fax (319) 291-4286 larbt4 *- 4114709- Crr (-11-) - ifitu)(94(2- 56140 ArP — 32-7 ''456.6((yfidik Cedar Valley SportsPlex — Notice of Public Hearing for Construction Plans and Specifications Mayor Clark Recommended City Council Action: Resolution setting the date of hearing as April 16, 2012 to receive and approve Plans and Specifications for the construction of the Cedar Valley SportsPlex facility and providing for publication of the notice thereof. Summary Statement: As you know, the City has been working with the Waterloo Development Corporation to construct a SportsPlex facility on the land approximately bounded by Jefferson Street, West Mullan and nearly to West Third Streets, Chapter 364.4(4)(i) of the Code of Iowa requires that the city hold a public hearing on the plans and specifications, form of contract and estimate of cost be held before the Lease Purchase Agreement for the facility is approved. The plans and specifications are available for review in the City Clerk's office. Expenditure Required: Source of Funds: Policy Issue: Alternative: N/A Background Information: N/A None N/A None CITY WEBSITE: www.cityofwaterlooiowa.com WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer (This Notice to be posted) NOTICE AND CALL OF PUBLIC MEETING Governmental Body: The City Council of the City of Waterloo, Iowa. Date of Meeting: , 2012. Time of Meeting: o'clock .M. Place of Meeting: Council Chambers, City Hall, 715 Mulberry Street, Waterloo, Iowa. PUBLIC NOTICE IS HEREBY GIVEN that the above mentioned governmental body will meet at the date, time and place above set out. The tentative agenda for said meeting is as follows: X Public hearing on proposed Lease Purchase Agreement between the City of Waterloo and Waterloo Development Corporation, for the purpose of acquiring a multi -use recreational and athletic facility complex to be known as the Cedar Valley Sportsplex. X Resolution approving form of Lease Purchase Agreement and authorizing its execution and delivery. Such additional matters as are set forth on the additional page(s) attached hereto. (number) This notice is given at the direction of the Mayor pursuant to Chapter 21, Code of Iowa, and the local rules of said governmental body. City Clerk, Waterloo, Iowa 1 The Mayor announced that this was the time and place for the public hearing and meeting for the proposal to enter into a Lease Purchase Agreement with Waterloo Development Corporation, and that notice of the proposed action by the Council to institute proceedings for the authorization of the Lease Purchase Agreement had been published pursuant to the provisions of Section 364.4 of the City Code of Iowa, as amended. The Mayor then asked the Clerk whether any written objections had been filed by any City resident or property owner to the proposal. The Clerk advised the Mayor and the City Council that written objections had been filed. The Mayor then called for oral objections to the proposal and were made. Whereupon, the Mayor declared the time for receiving oral and written objections to be closed. (Attach here a summary of objections received or made, if any) 3 EXECUTION AND DELIVERY OF SAID LEASE PURCHASE AGREEMENT necessary to carry out and comply with the provisions of the Lease Purchase Agreement as so executed. CERTIFICATE STATE OF IOWA ) SS COUNTY OF BLACK HAWK I, the undersigned City Clerk of Waterloo, Iowa, do hereby certify that attached is a true and complete copy of the portion of the corporate records of said Municipality showing proceedings of the Council, and the same is a true and complete copy of the action taken by said Council with respect to said matter at the meeting held on the date indicated in the attachment, which proceedings remain in full force and effect, and have not been amended or rescinded in any way; that meeting and all action thereat was duly and publicly held in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Council (a copy of the face sheet of said agenda being attached hereto) pursuant to the local rules of the Council and the provisions of Chapter 21, Code of Iowa, upon reasonable advance notice to the public and media at least twenty-four hours prior to the commencement of the meeting as required by said law and with members of the public present in attendance; I further certify that the individuals named therein were on the date thereof duly and lawfully possessed of their respective city offices as indicated therein, that no Council vacancy existed except as may be stated in said proceedings, and that no controversy or litigation is pending, prayed or threatened involving the incorporation, organization, existence or boundaries of the City or the right of the individuals named therein as officers to their respective positions. WITNESS my hand and the seal of said Municipality hereto affixed this day of , 2012. City Clerk, Waterloo, Iowa SEAL 00846363-1\11310-093 Mayor BUCK CLARK COUNCIL MEMBERS DAVID JONES Ward I CAROLYN COLE Ward 2 HAROLD GETTY Ward 3 QUENTIN M. HART Ward 4 RON WELPER Ward 5 BOB GREENWOOD At -Large STEVE SCHMITT At -Large CITY OF WATERLOO, IOWA CITY HALL ' 715 Mulberry Street Council Communication City Council Meeting: Prepared: Dept. Head Signature: Number of Attachments: SUBJECT: Submitted by: o Waterloo, IA 50703 • (319) 291-4301 Fax (319) 291-4286 April 2, 2012 March 29, 2012 Mayor Clark One )46A -4106(2_ Lease Purchase Agreement with Waterloo Development Corporation for Cedar Valley SportsPlex Mayor Clark Recommended City Council Action: Resolutio i 5( tting the date of hearing as April 16, 2012 for the approval to authorize a lease] pL rchase agreement between the City of Waterloo and the Waterloo Developmen C' orporation for the purpose of acquiring a multi -use recreational and athletic fa ili,y complex to be known as the Cedar Valley SportsPlex and providing for publication of the notice thereof. Summary Statement: As you know, the City has been working with the Waterloo Development Corporation to construct a SportsPlex facility on the land approximately bounded by Jefferson Street, West Mullan and nearly to West Third Streets. This agreement outlines the requirements between the City and the Waterloo Development Corporation for the City to operate the facility when construction is complete. Expenditure Required: Source of Funds: Policy Issue: Alternative: N/A Background Information: N/A None N/A None CITY WEBSITE: www.cityofwaterlooiowa.com WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer EXHIBIT B LEASE PURCHASE AGREEMENT BETWEEN CITY AND DEVELOPER This Lease Purchase Agreement, is made and entered into as of the day of , 2012 (the "Lease Purchase Agreement" or "Lease"), by and between the City of Waterloo, Iowa, a duly organized political subdivision of the State of Iowa (the "City"), and Waterloo Development Corporation, an Iowa nonprofit corporation (the "Developer"). "Parties" are City and Developer. WITNESSETH: WHEREAS, the Developer and City have entered into a Development and Property Transfer Agreement dated December 19, 2011 (the "Development Agreement"), which Development Agreement provides that the Developer will privately finance and construct a public sportsplex facility (the "Improvements" (as defined in the Development Agreement)) on certain City -owned property more specifically described on Exhibit "A" attached hereto (the "Property"), which Developer will then lease to City, with a right on the part of the City to purchase the same at the end of the lease term; and WHEREAS, this Lease Purchase Agreement shall provide the terms and conditions of the lease of the Improvements, management of the Improvements by the City, and potential purchase of the Improvements by the City from the Developer; and WHEREAS, the Developer proposes to lease the Property and the Improvements to the City, and the City desires to lease the Property and the Improvements from the Developer, upon the terms and conditions set forth in this Lease. LEASING CLAUSE The Developer hereby leases to the City, and the City hereby leases and takes from the Developer, the following: (i) All of the Developer's right, title and interest in the Property; and (ii) The Improvements situated or to be situated thereon, together with all items of Furnishings which are or will be situated on or in the Property. TERM AND CONSIDERATION TO HAVE AND TO HOLD the Property unto the City, in consideration of the Rent provided in Section 4.01 of this Lease Purchase Agreement to be paid by the City 1 "Indebtedness" means all outstanding Project -related indebtedness of the Developer related to the Improvements as defined by Section 13.01. "Lease Term" or "Term" means the period during which this Lease is in effect pursuant to Section 3.02. "Lease Termination Date" means the date defined in Section 3.02(2). "Notice of Purchase Right" means the notice described in Section 13.01(1). "Notice of Termination of Lease Purchase Agreement" means the notice described in Section 13.01(2). "Project" means the construction and operation of the Improvements as defined in the Development Agreement. "Project -related indebtedness" means indebtedness relating to the construction of the Project. "Purchase Right" means the purchase right described in Section 13.01(1). "Put Option" means the option described in Section 13.01(2). "Put Option Termination Date" means the date described in Section 13.01(2)(a). "Rent" means rent payable to the Developer under Section 4.01 of this Lease. "Statement" means the detailed notarized written statement showing all Indebtedness, described in Section 13.01. "Special Warranty Deed" means the deed to the Property described in Section 13.01. "Surplus Income" means the amounts as defined in Section 13.03. Section 1.02. Additional Provisions as to Interpretation. This Lease shall be interpreted in accordance with and governed by the laws of the State of Iowa. The words "herein" and "hereof' and words of similar import, without reference to any particular section or subdivision, refer to this Lease as a whole rather than to any particular section or subdivision hereof 3 (7) (8) The City confirms that the Property is properly zoned for the uses thereof contemplated by the Development Agreement. This Lease Purchase Agreement is a valid and legally binding instrument of City, enforceable in accordance with its material terms, except as the same may be limited by bankruptcy, insolvency, reorganization, or other laws relating to or affecting creditors' rights generally. Section 2.02. Representations by the Developer. The Developer makes the following representations: (1) The Developer is a nonprofit corporation duly organized and validly existing and in good standing and is authorized to transact business in the State of Iowa. (2) Neither the execution and delivery of this Lease Purchase Agreement nor the covenants, agreements or obligations of the Developer under this Lease. Purchase Agreement constitute a material default (or an event which, with notice or the lapse of time, or both, would constitute a material default) under any contract, agreement or other instrument or document to which the Developer is a party or by which the Developer or its property is bound. (3) The execution and delivery of this Lease Purchase Agreement by the Developer and the observance and performance by the Developer of its covenants, agreements and obligations under this Lease Purchase Agreement do not require the consent or approval of any governmental authority which has not been obtained. (4) The Developer has duly authorized by proper corporate action its execution, delivery, observance and performance of this Lease Purchase Agreement. (5) Assuming the due authorization, execution and delivery thereof by the City, this Lease Purchase Agreement and all instruments and documents contemplated in this Lease Purchase Agreement which are executed and delivered by the Developer constitute and will constitute legal, valid, binding and enforceable obligations or representations, as the case may be, of the Developer , except as the enforceability thereof may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or other similar laws affecting the rights of creditors generally and except to the extent that the enforceability thereof may be affected by general principles of equity. 5 (2) Term: The term of this Lease Purchase Agreement ("Term") shall commence on the Effective Date and shall continue thereafter for eight (8) years ("Lease Termination Date"), unless earlier terminated pursuant to the provisions of this Lease Purchase Agreement or the Development Agreement. The Lease Purchase Agreement may be terminated earlier than the Lease Termination Date under the following circumstances: (a) The occurrence of an Event of Default, which is not cured, which results in termination of this Lease Purchase Agreement under Section 10.02; (b) The exercise by the City of its option to purchase the Property and Improvements through the Purchase Right in Section 13.01(1) or (c) The exercise of the Put Option by the City under Section 13.01(2). ARTICLE IV RENT Section 4.01. Rent Payment. City shall make a rent payment of $100.00 per year each January 1. The first rent payment shall be a prorated amount if the Effective Date of the Lease Purchase Agreement is before January 1 and shall be paid within five (5) Business Days of the Effective Date. Payments due on January 1 are timely if made within five (5) Business Days of January 1. The rent payment is payable solely and only from the net revenues of the Improvements and not from the City's general fund. ARTICLE V FURNISHINGS, USE, MAINTENANCE AND TAXES Section 5.01. Relationship between the Parties. The relationship between the City and Developer is an independent contractor relationship and not one of employment, agency, partnership or other type of relationship. below: Section 5.02. Furnishings. Furnishings for the Improvements shall be as provided (1) The Developer shall provide at its sole cost and expense a turnkey multi- use recreational and athletic facility that shall include all furnishings, fixtures, and equipment ("Furnishings") necessary for the operation of the Improvements, including without limitation, all sporting and fitness equipment and supplies, tables, chairs, tableware and all other equipment 7 Section 5.07. Alterations. The City shall have the privilege of remodeling the Property and Improvements or making alterations, additions, modifications and improvements to the Property and Improvements from time to time as the City, in its discretion exercised after consultation with the Developer, may deem to be desirable for its uses and purposes, provided that such alterations, additions, modifications and improvements shall not adversely affect the structural integrity or value of the Property and Improvements and shall be located within the boundaries of the said Property and Improvements. The cost of such alterations, additions, modifications and improvements shall be paid by the City and the same shall be the property of the City and be included under the terms of this Lease Purchase Agreement as and shall become part of the Property and Improvements. Section 5.08. Removal of Leased Equipment. The Developer shall not be under any obligation to renew, repair or replace any inadequate, obsolete, worn out, unsuitable, undesirable or unnecessary equipment constituting part of the Property and Improvements. The City shall have the privilege from time to time of substituting for Property and Improvements, furnishings, machinery, equipment and related property, provided that such property so substituted shall not impair the operating unity or productive capacity of the Property and Improvements. Any such substituted property shall become the property of the City and be included under the terms of this Lease Purchase Agreement. The City may also at any time while it is not in default under this Lease remove from the Property or Improvements any machinery or equipment purchased and installed by it pursuant to this Section 5.08. In the event any removal of machinery or equipment under this Section causes damage to existing buildings or structures, the City shall restore the same or repair such damage at its sole expense. Section 5.09. Taxes, Other Governmental Charges and Other Charges. The City will pay, as the same respectively become due, all taxes, special assessments, and governmental charges of any kind whatsoever that may at any time be lawfully assessed or levied against or with respect to the Property or Improvements or any Furnishings, equipment or other property, including sales, use and other excise taxes, and all claims for rent, royalties, labor, materials, supplies, utilities and other charges incurred in the operation, maintenance, use, occupancy and upkeep of the Property and Improvements. The City may, at its expense and in its own name and behalf or in the name and behalf of the Developer in good faith contest any such taxes, payments in lieu of taxes, assessments and other charges and, in the event of any such contest, may permit the taxes, payments in lieu of taxes, assessments or other charges so contested to remain 9 ARTICLE VI MANAGEMENT SERVICE Section 6.01. Management Services. As of the Effective Date, the Developer hereby grants to the City the exclusive right and license to perform the following services ("Management Services") and the City accepts the responsibility of performing the Management Services, subject to the terms and conditions contained in this Lease Purchase Agreement: (1) Operate, manage, market, and determine programming and services of the Improvements. (a) City will receive all revenues and be responsible for all operating costs, beginning on the Effective Date of this Lease Purchase Agreement. All revenues generated by the Improvements shall be subject to the control and direction of the City. The City shall keep separate records of all income and expenditures. (b) City shall annually, as part of the regular City budget, prepare a budget for the operation of the Improvements, and shall annually account to the Developer for all income received and expenditures made in respect of operation of the Improvements or Property, which may nonetheless be deposited to or withdrawn from the City's general fund, as the City shall determine. All operating income shall be used to defray current operating expenses of the completed Improvements, to maintain equipment replacement and other operating reserves at the levels established in the annual budget for the Improvements approved by the City Council, to reimburse the City for its Project -related expenses (but not including the costs of acquiring the Property), and otherwise shall be retained and used exclusively for other budgeted Project purposes, including but not limited to the cost of any future phase of the Improvements, and the funding, to the maximum extent possible consistent with the expense payments and funding allocations described above, of a debt service reserve for the payment at the Lease Termination Date of any outstanding Project -related indebtedness of the Developer (regardless of whether City exercises its Purchase Right). (2) Provide and sell, and/or sublicense for the provision and sale of, all food, beverages, souvenirs, merchandise, printed materials and any other items or services at the Improvements. 11 (d) During each third year of the Lease Term, engage the services of a recreation facilities operations consultant of the City's choice to review City's operation of the Improvements and its marketing methods and take affirmative measures to implement reasonable recommendations made by the consultant. (2) The City shall operate and conduct all operations of the Improvements with the objective that all persons who patronize the Improvements shall be treated in an orderly, safe, non-discriminatory and courteous manner. (3) The City shall act reasonably to prevent any nuisance or hazardous activity to occur at, on, about or within the Improvements. ARTICLE VII MAINTENANCE OF RECORDS Section 7.01. Maintenance of Records. City will keep at all times proper books of record and account in which full, true and correct entries will be made of all dealings and transactions of or in relation to the business and affairs of City in connection with this Lease Purchase Agreement. ARTICLE VIII INSURANCE Section 8.01. Insurance Requirements. Pursuant to Section 11.1(b) of the Development Agreement, City shall ensure that property, liability and worker's compensation insurance coverage is in effect as of the Effective Date of this Lease Purchase Agreement through the Lease Termination Date. Developer shall be named as an additional insured on each policy maintained by City that is required by this Lease Purchase Agreement or the Development Agreement. Section 8.02. Fire and Extended Coverages and Boiler and Machinery Insurance. The City may self -insure against damage to or destruction of the Property and Improvements in the same manner as the City insures itself against damage to or destruction of other property of the City, or the City may insure such property under a blanket insurance policy or policies which cover not only the Property and Improvements but other properties of the City, which policy or policies may contain such reasonable deductible and coinsurance provisions as the City may deem necessary or appropriate and prudent. 13 (3) bankruptcy under Title 11 of the U.S. Code or any other formal or informal proceeding for dissolution, liquidation, settlement, composition, readjustment, or similar relief under any other state or federal law, or Developer admits in writing its inability to pay its debts generally as they become due. Any party is in default under the terms of this Lease Purchase Agreement or is in breach of any material provision of this Lease Purchase Agreement, or Developer is otherwise in breach of any covenants that run with the land pursuant to the Deed or the Development Agreement. (4) Any representation or warranty made by Developer in this Lease Purchase Agreement or the Development Agreement, any Exhibit thereto, or in any written statement or certificate furnished by Developer pursuant to this Lease Purchase Agreement or Development Agreement, shall prove to have been incorrect, incomplete or misleading in any material respect on or as of the date of the issuance or making thereof. (5) Failure by either party to substantially observe or perform any covenant, condition, obligation or agreement on its part to be observed or performed under this Lease Purchase Agreement or the Development Agreement. Section 10.02. Remedies on Default. Except as otherwise provided in this Lease Purchase Agreement or the Development Agreement, in the event of any default or breach of this Lease Purchase Agreement, or any of its terms or conditions, by either party herein, or any successor to such party, such party (or successor) shall, upon written notice from the other, proceed immediately to cure or remedy such default or breach, and in any event within thirty (30) days after receipt of such notice; provided, however, that no such opportunity to cure shall be allowed in the event of a default under subsections (2) or (4) of Section 10.01. If any such other default or breach remains unremedied after such thirty (30) day period, the non -defaulting party shall, without limitation, have the right to (i) suspend the non -defaulting party's performance under this Lease Purchase Agreement, (ii) require payment by the defaulting party of any costs incurred by the non - defaulting party in connection with the default, (iii) terminate this Lease Purchase Agreement and the Development Agreement, and (iv) exercise any other remedy available under applicable law. Section 10.03. Other Rights and Remedies of City; No Waiver by Delay. City shall have the right to institute such actions or proceedings or to exercise any other remedies available under applicable law as it may deem desirable for effectuating the purposes of this Article; provided, that any delay by City in instituting or prosecuting any such actions or proceedings or otherwise asserting its rights under this Article shall not operate as a waiver of such rights or to deprive it of or limit such rights in any way; nor 15 ARTICLE XI ASSIGNMENT AND LIENS Section 11.01. Assignment. Neither the Developer nor the City shall sell, assign, sublease or otherwise dispose of or encumber this Lease Purchase Agreement in any way without the prior written consent of the other party. Section 11.02. Liens or Encumbrancers. Developer shall comply with all provisions of the Development Agreement in regard to liens or other encumbrances on the Property or Improvements. ARTICLE XII PRE -LEASE OBLIGATIONS AND INDEMNIFICATION Section 12.01. Pre -Lease Obligations. Notwithstanding anything to the contrary in this Lease Purchase Agreement, the City shall not be responsible for any debts, mortgages, obligations, claims, demands, damages, liabilities, actions, judgments, or execution of third parties of any kind or nature whatsoever, whether at law or in equity, including, but not limited to, reasonable attorney's fees and court costs ("Debt or Claims"), relating to the construction or equipping of the Improvements or for any Debt or Claims that occurred or accrued prior to the Effective Date. The Developer hereby agrees to indemnify, defend and hold harmless the City and its officers, commissioners, employees, agents, or representatives from and against any and all claims, demands, damages, liabilities, actions, judgments, or execution of third parties of any kind or nature whatsoever, whether at law or in equity, including, but not limited to, reasonable attorney's fees and court costs, arising out of, or relating to, Debt or Claims that occurred or accrued prior to the Effective Date. Section 12.02. Indemnification. To the extent authorized by law, the City hereby agrees to indemnify, defend and hold harmless the Developer and its officers, employees, agents, or representatives from and against any and all claims, demands, damages, liabilities, actions, judgments, or execution of third parties of any kind or nature whatsoever, whether at law or in equity, including, but not limited to, reasonable attorney's fees and court costs, arising out of, relating to, resulting from, or caused by the negligence or willful misconduct of the City, its officers, employees, agents, servants, subcontractors or representatives relating to the City's operation of the Improvements from the Effective Date until the Lease Termination Date. The City shall be given prompt notice of any claims for which the indemnification will be sought and shall be given full and complete cooperation from the Developer in the defense or settlement of all such claims, and shall be given full authority in the defense or settlement of any such 17 the name of the City and, if applicable, subject to any unpaid Indebtedness, and (ii) a bill of sale showing title in the Improvements in the name of the City. Each party shall execute such deeds, bills of sale, or other documents of transfer or conveyance as the other party may reasonably request to effectuate this Purchase Right; (b) If the lien search shows that the Developer's mortgage financing with respect to the Improvements (or any other liens) are fully paid and there is no Indebtedness, City may elect, in City's sole discretion, to proceed to exercise this Purchase Right. If the City elects, in its sole discretion, to proceed to exercise this Purchase Right, City shall deliver to Developer a Notice of Purchase Right election, referencing this Section of this Lease Purchase Agreement and $1.00. Within 30 days, Developer shall deliver to City (i) a Special Warranty Deed showing title in the Property and Improvements in the name of the City and (ii) a bill of sale showing title in the Improvements in the name of the City. Each party shall execute such deeds, bills of sale, or other documents of transfer or conveyance as the other party may reasonably request to effectuate this Purchase Right; (2) To exercise the Put Option: (a) City shall deliver a Notice of Termination of the Lease Purchase Agreement to Developer referencing this Section of this Lease Purchase Agreement, which notice shall state that the City desires to terminate this Lease Purchase Agreement in accordance with the Put Option of this Lease. Such Notice shall state that the Purchase Right is cancelled and shall set a date not earlier than 90 days from the date of such Notice of Termination, which date shall be the Put Option Termination Date of this Lease Purchase Agreement. As of the Put Option Termination Date, the City shall disclaim all right, title, or interest in the Property and Improvements, the Developer shall assume operation and management of the Property and Improvements, and the City shall have no further responsibility for the Property and Improvements. Each party shall immediately execute such documents of transfer or conveyance as the other party may reasonably request to effectuate the Put Option Termination as of the Put Option Termination Date. 19 States registered or certified mail, postage prepaid, or by facsimile (with an additional copy delivered by one of the foregoing means), and addressed: (a) if to City, to City of Waterloo, 715 Mulberry Street, Waterloo, Iowa 50703, facsimile number 319-291-4571, Attention: Mayor. (b) if to Developer, to Waterloo Development Corporation, 10 W. 4th Street, Suite 300, Waterloo, Iowa 50701, facsimile number 319-235-2353, Attention: Executive Vice President. Delivery of notice shall be deemed to occur (i) on the date of delivery when delivered in person, (ii) three (3) business days following the date of deposit if mailed by United States registered or certified mail, postage prepaid, or (iii) when transmitted by facsimile so long as the sender obtains written electronic confirmation from the sending facsimile machine that such transmission was successful. Section 14.02. Amendment, Modification, and Waiver. No amendment, modification, or waiver of any condition, provision, or term of this Lease Purchase Agreement shall be valid or of any effect unless made in writing, signed by the party or parties to be bound or by its duly authorized representative, and specifying with particularity the extent and nature of the amendment, modification, or waiver. Any waiver by any party of any default by another party shall not affect or impair any rights arising from any subsequent default. Section 14.03. Severability of Provisions. Each provision, section, sentence, clause, phrase, and word of this Lease Purchase Agreement is intended to be severable. If any portion of this Lease Purchase Agreement shall be deemed invalid or unenforceable, whether in whole or in part, the offending provision or part thereof shall be deemed severed from this Lease Purchase Agreement and the remaining provisions of this Lease Purchase Agreement shall not be affected thereby and shall continue in full force and effect. If, for any reason, a court finds that any portion of this Lease Purchase Agreement is invalid or unenforceable as written, but that by limiting such provision or portion thereof it would become valid and enforceable, then such provision or portion thereof shall be deemed to be written, and shall be construed and enforced, as so limited. Section 14.04. Dispute Resolution. Any dispute, controversy, or claim arising out of or relating to this Lease Purchase Agreement, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, including the Emergency Interim Relief Procedures. Any award rendered shall be fmal and conclusive upon the parties and shall be accompanied by findings of fact and a statement of reasons for the decision. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. All costs and expenses, including attorneys' fees, shall be borne by the party determined to 21 IN WITNESS WHEREOF, the City and the Developer have caused this Lease Purchase Agreement to be executed in their respective names and attested by duly authorized officers all as of the date set forth above. CITY OF WATERLOO, IOWA WATERLOO DEVELOPMENT CORPORATION By: By: Ernest G. Clark, Mayor Daniel B. Watters, President By: Suzy Schares, City Clerk STATE OF IOWA ) ss. BLACK HAWK COUNTY On , 2012, before me, a Notary Public in and for the State of Iowa, personally appeared Ernest G. Clark and Suzy Schares, to me personally known, who being duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Waterloo, Iowa, and that the instrument was signed on behalf of the corporation by authority of its City Council, as contained in the resolution adopted by the City Council under Roll Call No. on , 2012, and that Ernest G. Clark and Suzy Schares acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. Notary Public 23 EXHIBIT "A" Legal Description of Property All that part of Block Fourteen (14), including Twenty (20) foot alley, in the Original Plat, on the West Side of the Cedar River in the City of Waterloo, Black Hawk County, Iowa, EXCEPT That part of Twenty (20) foot alley in said Block Fourteen (14), lying Southeasterly of the Southwesterly extension of the Northwest line of the Southeast Forty (40) feet of Lot Three (3), said Block Fourteen (14), AND EXCEPT Lots One (1) and Two (2) and the Southeast Forty (40) feet of Lot (3), all in said Block Fourteen (14), AND EXCEPT Lots Nos. Nine (9) and Ten (10) except the Southwesterly Thirty (30) feet of said Lots, in Block No. Fourteen (14). AND That part of the Original Plat, on the West Side of the Cedar River, in the City of Waterloo, Black Hawk County, Iowa, described as follows: Beginning at the most Southerly corner of Block Thirteen (13), aforesaid Original Plat; thence Northeasterly along the Southeasterly line of said Block Thirteen (13) to the most Easterly corner of said Block Thirteen (13); thence Southeasterly to the most Northerly corner of Block Fourteen (14), aforesaid Original Plat; thence Southwesterly along the Northwesterly line of said Block Fourteen (14) to the most Westerly corner of said Block Fourteen (14); thence Northwesterly to the point of beginning; AND That part of a parcel lying Southwest of Block Fourteen (14), the Original Plat, on the West Side of the Cedar River, in the City of Waterloo, Black Hawk County, Iowa, described as follows: Beginning at the most Southerly corner of aforesaid Block Fourteen (14); thence Southwest Thirty (30) feet along the Southwesterly extension of the Southeast line of said Block Fourteen (14); thence Northerly to the most Westerly corner of said Block Fourteen (14); thence Southeasterly along aforesaid Southwest line of Block Fourteen (14) to the point of beginning. AND All of Lots One (1), Two (2), Three (3), Four (4), Five (5), and Twenty (20) foot alley, Block Thirteen (13) in the Original Plat, on the West Side of the Cedar River, in the City of Waterloo, Black Hawk County, Iowa. AND The Northeasterly One Hundred Ten (110) feet of Lots Six (6), Seven (7), Eight (8), Nine (9) and Ten (10), all in Block Thirteen (13) in the Original Plat, on the West Side of the Cedar River, in the City of Waterloo, Black Hawk County, Iowa, EXCEPT those parts conveyed to the State of Iowa in 607 CLD 684 AND EXCEPT those parts conveyed to the City of Waterloo in 661 CLD 853. AND That part of Lots Eight (8), Nine (9) and Ten (10), Block Thirteen (13), Original Plat of West Waterloo, Black Hawk County Iowa, bounded as follows: On the Northeast by the Southwest line of the Northeasterly One Hundred Ten (110) feet of said Lots Eight (8), Nine (9) and Ten (10); On the Northwest by the Northwesterly line of the Southeasterly Ten (10) feet of said Lot Eight (8); On the Southwest by a line drawn from a point on the Northwesterly line of said Southeasterly ten (10) feet of Lot Eight (8), which is One Hundred Eighteen (118) feet Southwest of the Northeasterly line of said Lot Eight (8), said line extending to a point on the Southeasterly line of said Lot Ten (10) which is One Hundred Thirty- seven and Five Tenths (137.5) feet Southwesterly of the Northeast corner of said Lot Ten (10). 25 Mayor BUCK CLARK COUNCIL MEMBERS DAVID JONES Ward I CAROLYN COLE Ward 2 HAROLD GETTY Ward 3 QUENTIN HART Ward 4 RON WELPER Ward 5 BOB GREENWOOD At -Large STEVE SCHMITT At -Large CITY OF WATERLOO, IOWA COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319) 291-4366 Fax (319) 291-4262 NOEL C. ANDERSON, Community Planning & Development Director Council Communication City Council Meeting: 4/2/12 Prepared: 3/30/12 Dept. Head Signature: # of Attachments: q filikr( 411140— Lif 56 — 336 SUBJECT: Resolution approving setting date of hearing as April 16, 2012 to sell and convey real property for the Cedar Valley Sportsplex generally located between West 1" Street and West 3`d Street, between Washington Street and Jefferson Street to the Waterloo Development Corporation for $1.00, subject to the retention of a utility easement over, under and upon the portion of vacated Washington Street. Submitted by: Aric Schroeder, City Planner Recommended City Council Action: Approval. Summary Statement: As you know, the City has been working with the Waterloo Development Corporation to construct a Sportsplex facility on the land generally located between West 1" Street and West 3" Street, between Washington Street and Jefferson Street. This resolution will authorize sale and conveyance of the property to the Waterloo Development Corporation for the construction of the facility. Expenditure Required: none Source of Funds: n/a Policy Issue: Sale of land Alternative: n/a Background Information: Legal Description: See Attached Exhibit "A" cc: Noel Anderson, Community Planning & Development Director file Path: K:\USERS\ARIGS\City of Waterloo\council letters\Vacate-Dedicate-Encroachernnt-Street Naming -conveyance \0330-12 Council Communication Sale and Conveyance to WDC for Cedar Valley Sportsplex.doc CITY WEBSITE: wwwci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer (This Notice to be posted) NOTICE AND CALL OF PUBLIC MEETING Governmental Body: The City Council of the City of Waterloo, Iowa. Date of Meeting: , 2012. Time of Meeting: o'clock .M. Place of Meeting: Council Chambers, City Hall, 715 Mulberry Street, Waterloo, Iowa. PUBLIC NOTICE IS HEREBY GIVEN that the above mentioned governmental body will meet at the date, time and place above set out. The tentative agenda for said meeting is as follows: • Resolution to Set Hearing on Disposal of Real Property to Waterloo Development Corporation Such additional matters as are set forth on the additional page(s) attached hereto. (number) This notice is given at the direction of the Mayor pursuant to Chapter 21, Code of Iowa, and the local rules of said governmental body. City Clerk, Waterloo, Iowa -1- Council Member introduced the following Resolution entitled "RESOLUTION TO SET HEARING ON DISPOSAL OF REAL PROPERTY BY DEED TO WATERLOO DEVELOPMENT CORPORATION", and moved that the same be adopted. Council Member seconded the motion to adopt. The roll was called and the vote was, AYES: NAYS: Whereupon, the Mayor declared the resolution duly adopted as follows: RESOLUTION TO SET HEARING ON DISPOSAL OF REAL PROPERTY BY DEED TO WATERLOO DEVELOPMENT CORPORATION WHEREAS, the City of Waterloo, Iowa ("City") and Waterloo Development Corporation ("Developer") are parties to a Development and Property Transfer Agreement dated December 19, 2011 (the "Development Agreement"); and WHEREAS, under said Development Agreement it is proposed that the City transfer title and possession of certain real property owned by the City and hereinafter described (the "Property") to the Developer, upon which the Developer would construct a multi -use recreational and athletic facility complex to be known as the Cedar Valley Sportsplex, which Developer would then lease to the City upon completion thereof under the terms of a lease purchase agreement between the City and the Developer; and WHEREAS, the City Council has determined that the redevelopment of said Property under the terms of the Development Agreement is in the best interests of the City and the residents thereof; and WHEREAS, Section 364.7 of the Iowa Code requires that a public hearing be held on the proposal to dispose of an interest in real property. -3- NOTICE OF MEETING OF THE CITY COUNCIL OF WATERLOO, IOWA, ON THE MATTER OF DISPOSING OF REAL PROPERTY BY DEED TO WATERLOO DEVELOPMENT CORPORATION PUBLIC NOTICE is hereby given that the Council of the City of Waterloo, Iowa will hold a public hearing on the day of , 2012, at o'clock, .M., in the Council Chambers, City Hall, 715 Mulberry Street, Waterloo, Iowa, at which meeting the Council proposes to take additional action on the proposal to dispose of certain real property owned by the City, by means of a deed, to Waterloo Development Corporation (the "Developer"). The property to be so disposed of is legally described as follows: [insert legal] (the "Property"). Under the terms of a Development and Property Transfer Agreement dated December 19, 2011 between the City and the Developer, the Developer has agreed to construct a multi -use recreational and athletic facility complex on the Property to be known as the Cedar Valley Sportsplex, and thereafter to lease the same to the City under the terms of a lease purchase agreement. At the above meeting the Council shall receive oral or written objections from any resident or property owner of said City to the proposal to transfer the Property by deed to the Developer for the foregoing purpose. This notice is given by order of the Council of Waterloo, Iowa, as provided by Sections 364.7 and 362.3 of the City Code of Iowa. Dated this day of , 2012. City Clerk, Waterloo, Iowa (END OF NOTICE) -5- CIG -3 CERTIFICATE STATE OF IOWA ) ) SS COUNTY OF BLACK HAWK ) I, the undersigned City Clerk of Waterloo, Iowa, do hereby certify that attached is a true and complete copy of the portion of the corporate records of said Municipality showing proceedings of the Council, and the same is a true and complete copy of the action taken by said Council with respect to said matter at the meeting held on the date indicated in the attachment, which proceedings remain in full force and effect, and have not been amended or rescinded in any way; that meeting and all action thereat was duly and publicly held in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Council (a copy of the face sheet of said agenda being attached hereto) pursuant to the local rules of the Council and the provisions of Chapter 21, Code of Iowa, upon reasonable advance notice to the public and media at least twenty-four hours prior to the commencement of the meeting as required by said law and with members of the public present in attendance; I further certify that the individuals named therein were on the date thereof duly and lawfully possessed of their respective city offices as indicated therein, that no Council vacancy existed except as may be stated in said proceedings, and that no controversy or litigation is pending, prayed or threatened involving the incorporation, organization, existence or boundaries of the City or the right of the individuals named therein as officers to their respective positions. WITNESS my hand and the seal of said Municipality hereto affixed this day of , 2012. SEAL 00834972-1\11310-093 City Clerk, Waterloo, Iowa -7- WAYNE CLAASSEN ENGINEERING AND SURVEYING, INC. P.O. BOX 898 WATERLOO, IOWA 50704-0898 PHONE: (VOICE) 319-235-6294 (FAX) 319-235-0028 LEGAL DESCRIPTION & SKETCH PART OF THE ORIGINAL PLAT WEST OF THE CEDAR RIVER CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA SKETCH FOR WATERLOO DEVELOPMENT CORPORATION 0 100 1 INCH = 100 FEET SURVEY LEGEND: 000.00 DENOTES RECORD DIMENSION •IP o, s0 CITY OF WATERLOO ,Vo �b hO 2 SHEET 2 OF -2 CLO 607-684 LOT 4 BLOCK 13 ON 311i 533 LOT 7,p BLOCK 5 8b. THE ORIGINAL PLAT EST OF THE CEDAR RIVER v'e CITY OF WATERLOO T F so. LOT 10 10 661-85 C E SFIELD BOOK 685-10 OT 3 LOCK , 2012 The City Council of Waterloo, Iowa, met in regular session, in the Council Chambers, City Hall, 715 Mulberry Street, Waterloo, Iowa, at o'clock.M., on the above date. There were present Mayor , in the chair, and the following named Council Members: Absent: 2 Council Member introduced the following Resolution entitled "RESOLUTION APPROVING THE DISPOSAL OF AN INTEREST IN REAL PROPERTY TO WATERLOO DEVELOPMENT CORPORATION AND APPROVING THE FORM OF RELATED DEED AND AUTHORIZING ITS EXECUTION AND DELIVERY", and moved that the same be adopted. Council Member seconded the motion to adopt. The roll was called and the vote was, AYES: NAYS: Whereupon, the Mayor declared the resolution duly adopted as follows: RESOLUTION APPROVING THE DISPOSAL OF AN INTEREST IN REAL PROPERTY TO WATERLOO DEVELOPMENT CORPORATION AND APPROVING THE FORM OF RELATED DEED AND AUTHORIZING ITS EXECUTION AND DELIVERY WHEREAS, the City of Waterloo, Iowa ("City") and Waterloo Development Corporation ("Developer") are parties to a Development and Property Transfer Agreement dated December 19, 2011 (the "Development Agreement"); and WHEREAS, under said Development Agreement it is proposed that the City transfer title and possession of certain real property owned by the City and hereinafter described (the "Property") to the Developer, upon which the Developer would construct a multi -use recreational and athletic facility complex to be known as the Cedar Valley Sportsplex, which Developer would then lease to the City upon completion thereof under the terms of a lease purchase agreement between the City and the Developer; and WHEREAS, the Property to be disposed of is legally described as follows: All that part of Block Fourteen (14), including Twenty (20) foot alley, in the Original Plat, on the West Side of the Cedar River in the City of Waterloo, Black 4 The Northeasterly One Hundred Ten (110) feet of Lots Six (6), Seven (7), Eight (8), Nine (9) and Ten (10), all in Block Thirteen (13) in the Original Plat, on the West Side of the Cedar River, in the City of Waterloo, Black Hawk County, Iowa, EXCEPT those parts conveyed to the State of Iowa in 607 CLD 684 AND EXCEPT those parts conveyed to the City of Waterloo in 661 CLD 853. AND That part of Lots Eight (8), Nine (9) and Ten (10), Block Thirteen (13), Original Plat of West Waterloo, Black Hawk County Iowa, bounded as follows: On the Northeast by the Southwest line of the Northeasterly One Hundred Ten (110) feet of said Lots Eight (8), Nine (9) and Ten (10); On the Northwest by the Northwesterly line of the Southeasterly Ten (10) feet of said Lot Eight (8); On the Southwest by a line drawn from a point on the Northwesterly line of said Southeasterly ten (10) feet of Lot Eight (8), which is One Hundred Eighteen (118) feet Southwest of the Northeasterly line of said Lot Eight (8), said line extending to a point on the Southeasterly line of said Lot Ten (10) which is One Hundred Thirty-seven and Five Tenths (137.5) feet Southwesterly of the Northeast corner of said Lot Ten (10). WHEREAS, the City Council has determined that the redevelopment of said Property under the terms of the Development Agreement is in the best interests of the City and the residents thereof; and WHEREAS, Section 364.7 of the Iowa Code requires that a public hearing be held on the proposal to dispose of an interest in real property, which has now been held. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA: Section 1. The Council finds that disposal of the Property to Waterloo Development Corporation will benefit the health, safety and welfare of; and is in the best interests of the residents of the City, and the proposal to dispose of an interest in real property to Waterloo Development Corporation, by means of a deed, is hereby approved. Section 2. The form and content of the Deed now before this Council ("Deed"), the provisions of which are incorporated herein by reference, hereby are in all respects 6 STATE OF IOWA CERTIFICATE ) SS COUNTY OF BLACK HAWK ) I, the undersigned City Clerk of Waterloo, Iowa, do hereby certipj that attached is a true and complete copy of the portion of the corporate records of sat d Municipality showing proceedings of the Council, and the same is a true and comps ete copy of the action taken by said Council with respect to said matter at the meeting held on the date indicated in the attachment, which proceedings remain in full force an d effect, and have not been amended or rescinded in any way; that meeting and all actioi thereat was duly and publicly held in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Council (a copy of the face sheet of said agenda being attached hereto) pursuant to the local rules of the Council and the provisions of Chapter 21, Code of Iowa, upon reasonable advance notice to the public and media at least twenty-four hours prior to the commencement of the meeting as required by said law and with members of the public present in attendance; I further certi that the individuals named therein were on the date thereof duly and lawfully possessed of their respective city offices as indicated therein, that no Council vacancy existed except as may be stated in said proceedings, and that no controversy or litigation is Pending, prayed or threatened involving the incorporation, organization, existence or boundaries of the City or the right of the individuals named therein as officers to their respective positions. WITNESS my hand and the seal of said Municipality hereto affixed this day of , 2012. SEAL 00846370-1\11310-093 City Clerk, Waterloo, Iowa 8 Mayor BUCK CLARK COUNCIL MEMBERS DAVID TONES Ward l CAROLYN COLE Ward 2 HAROLD GETTY Ward 3 QUENTIN M. HART Ward 4 RON WELTER Ward S BOB GREENWOOD .9t -Large SIEVE SCHIMII I At -Large CITY OF WATERLOO, IOWA 620 Mulberry Stree COMMUNITY DEVELOPMENT Carneaie Annex e Waterloo, IA 50703 m (319) 291-4429 Fax (319) 291-4431 CITY OF WATERLOO Council. Communication City Council Meeting. Prepared April 7, 7017 Dept. Head Signature: # of Attachments: 1 SUBJECT: April 9, 2017 W W`%i G.) 0 xC4 Waterloo/Cedar Falls HOME Consortium FY2013 One -Year Action Plan - CDBG and HOME Program Funds Submitted by: Rudy D Jones, Community Development Director Recommended City Council Action: We request authorization to set the date for a public hearing on Monday, April 16, 2012 to review the proposed funding recommendations set forth by the Community Development Board for CDBG and HOME Program funds for the FY2013 Waterloo/Cedar Falls HOME Consortium Consolidated Plan application. Attached is a copy of the proposed program recommendations. Summary Statement: A 30 -day public comment period was advertised from March 1, 2012 through March 30, 2012 on the proposed one-year action plan. To date, no comments have been received. Any comments provided by the end of the comment period will be included with our plan submission. Following the public hearing we request your approval and authorization to submit this application to the U. S. Department of Housing and Urban Development for review and approval, before May 15, 2012. Source of Funds: CDBG and HOME Program Funds Background Information: The Community Development Board approved the attached recommendations on 2/21/12. J:\ANN-N\YEARDATA\Consul Plan\B12 - FY13\Submit App MC Ltr.doc EQUAL HOUSIN OPPORTUHT CITY WEBSITE: www.cityofwaterlooiowa.com WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer CITY OF WATERLOO Council Communication City Council Meeting: April 16, 2012 Prepared: April 9, 2012 Dept. Head Signature: Bradley Hagen # of Attachments: 1 SUBJECT: Approval of One Year lease with Waterloo Implement of Waterloo Iowa, in the amount of $6,950 for 20' rotary cutter and 72" deck mount mowers for Waterloo Regional Airport. Submitted by: Bradley Hagen, Airport Director Recommended City Council Action: Approval of One Year lease with Waterloo Implement of Waterloo Iowa, in the amount of $6,950 for 20' rotary cutter and 72" deck mount mowers for Waterloo Regional Airport. Summary Statement Expenditure Required: $6,950 Source of Funds: Airport Operations Fund Policy Issue Alternative Background Information: Waterloo Regional Airport leases two mowers annually to mow our 600 acres of grass. We compared lease versus purchase price years ago and found it more advantageous to lease. In addition, the purchase price has increased every over the last 6 years while the lease rate has remained the same making the lease option even more advantageous. In addition to the very low lease rate, we use the equipment daily and put a very high number of hours on the equipment. We also have very rough terrain to mow, which puts a high amount of wear on the equipment. Mayor BUCK CLARK COUNCIL MEMBERS DAVID JONES Ward I CAROLYN COLE Ward 2 HAROLD GETTY Ward 3 QUENTIN HART Ward 4 RON WELPER Ward 5 BOB GREENWOOD At -Large STEVE SCHMITT At -Large CITY OF WATERLOO, IOWA COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319) 291-4366 Fax (319) 291-4262 NOEL C. ANDERSON, Community Planning & Development Director Council Communication City Council Meeting: 4/16/12 Prepared: 4/10/12 eL/---SeLL______ Dept. Head Signature: # of Attachments: 8 SUBJECT: Request to approve First Amendment to Contract for Temporary Employment Services for Demolition Monitor dated October 11, 2011 for temporary employment services to the City pertaining to demolition monitoring under the City of Waterloo's Hazard Mitigation Grant Program (HMGP) Property Acquisition Project to extend the initial tem of the contract from October 11, 2011 to April 10, 2012, and to change the hourly billing rate to $20.82 for all invoices submitted after January 1, 2012. Submitted by: Aric Schroeder, City Planner Recommended City Council Action: Approve the First Amendment to Contract, and authorize the Mayor and City Clerk to sign said Amendment. Summary Statement: This Contract provides for temporary employment services to the City pertaining to demolition monitoring for properties acquired as part of the HMGP Property Acquisition Project. The initial term of the contract was for 12 months, from October 11, 2010 to October 10, 2011, and provided for an hourly billing rate of $20.82. The demolition work is predominantly completed, but there was some additional monitoring work that was required beyond the initial term of the contract, so this amendment will extend the term by 6 months. Also, Manpower has requested a price increase of $0.08 per hour, for a revised hourly billing rate of $20.82 effective for all invoices submitted after January 1, 2012 due to increases from the State Unemployment Tax Act (SUTA) and Federal Unemployment Tax Act (FUTA). Expenditure Required: Total not to exceed Contract amount of $20,740 will remain unchanged. Source of Funds: FEMA Public Assistance (PA) Project WorksheetO2RJD73 Policy Issue: Contract amendment/change order. Alternative: N/A CITY WEBSITE: wwwci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Background Information: On 1/20/09 the City Council authorized the submittal of an application to apply for Hazard Mitigation Grant Program (HMGP) 1763 Structural Acquisition (Buy Out) funds through the Iowa Homeland Security and Emergency Management Division (HSEMD). On 7/17/09 the City of Waterloo received official notice that the City was awarded funding under the program in accordance with the scope of work and budget that was included in our application that was submitted and approved by HSEMD and FEMA. On 8/3/09 the City Council authorized the agreement between HSEMD and the City of Waterloo, which has subsequently been executed. The total HMGP Property Acquisition (Buy Out) budget is $4,859,419.00 (based on recent de - obligation), with funding from HSEMD for up to 75% of the total project budget, and funding from the Iowa Department of Economic Development (IDED) through a Supplemental Community Development Block Grant (CDBG) for 25% of the total project, including the 10% State portion and the required 15% local match. The Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. X5121- 5207 provides for the FEMA Public Assistance (PA) Program. The PA Program funds multiple disaster recovery activities, such as asbestos abatement. Sections 403 Essential Assistance and 404 Hazard Mitigation provide funding for demolitions associated with a HMGP Property Acquisition (Buy Out) Program. With this disaster (DR -1763) the program is funded 90% Federal share and 10% State share, with no required local match. Unlike the HMGP Program, with the PA Program communities are not issued an award, but all eligible expenses will be reimbursed through Project Worksheets (PW's). Therefore expenses related to the demolition of acquired properties, including administration and contractual expense (which would include a demolition contract) will be eligible for reimbursement through the FEMA PA Program. On 10/11/10 the City Council awarded a contract for temporary employment services for demolition monitor in connection with the HMGP Project to Manpower Inc.. The RFP that was used to solicit bids included a detailed scope of work, and provided wording on the ability to submit a request for change order if the scope of work is to be changed. Staff has reviewed the proposed change order and amendment to the contract with officials from the State of Iowa Homeland Security and Emergency management Division, which oversees the project and funds paying for the project, and they have concluded that the City has provided sufficient justification for the change order. If you have any questions or need any additional information on this matter, please contact our office. cc: Noel Anderson, Community Planning & Development Director Path: K:\USERS\ARIC-S\City of Waterloo\council letters\RFPs Bids Contracts and Agreements for Goods or Services\04-10.12 Council Communication for First Amendment to Contract for Demolition Monitor Services for HMGP.doc FIRST AMENDMENT TO CONTRACT FOR TEMPORARY EMPLOYMENT SERVICES FOR DEMOLITION MONITOR This First Amendment to Contract for Temporary Employment Services for Demolition Monitor is made as of October 11, 2011, by and between the City of Waterloo, Iowa ("City") and Manpower Inc. ("Contractor"). WITNESSETH: WHEREAS, the City and the Contractor have previously entered into a certain Contract for Temporary Employment Services for Demolition Monitor dated October 11, 2010 (the "Agreement") for the Contractor to provide temporary employment services to the City pertaining to demolition monitoring under the City of Waterloo's Hazard Mitigation Grant Program (HMGP) Property Acquisition Project; and, WHEREAS, pursuant to the Agreement, the initial term of the Agreement was for twelve (12) months, from October 11, 2010 to October 10, 2011; and, WHEREAS, the Agreement provides that the City and Contractor may renew the original Contract for six (6) month time periods by mutual agreement; and, WHEREAS, it is anticipated that there will be a need for temporary employment services pertaining to the HMGP Property Acquisition Project past the initial term of the Agreement; and, WHEREAS, pursuant to the Agreement, if it is mutually decided to renew beyond the initial period and the Contractor requests a price increase, the Contractor shall provide documentation on the requested increase; and, WHEREAS, the Contractor has requested a price increase of $0.08 per hour, for a revised hourly billing rate of $20.82 effective for all invoices submitted after January 1, 2012 and has provided documentation on the requested increase being a result of increases from the State Unemployment Tax Act (SUTA) and Federal Unemployment Tax Act (FUTA). NOW, THEREFORE, the parties hereby amend the Agreement to extend the term thereof for an additional period of six (6) months, from October 11, 2011 to April 10, 2012, and to change the hourly billing rate to $20.82 for all invoices submitted after January 1, 2012. All other terms and conditions of the Agreement shall remain in full force and effect, without modification. IN WITNESS WHEREOF, the parties have caused this First Amendment to Contract for Temporary Employment Services for Demolition Monitor to be executed by their duly authorized representatives, effective as of the date first set forth above. Page 1 of 2 CITY OF WATERLOO, IOWA MANPOWER INC. By: Ernest G. Clark, Mayor Attest: Suzy Schares, City Clerk By:` aa)).Ji c -C-• k.bc.\ Melissa J. Koch Title: Corporate Law Paralegal Page 2 of 2 CONTRACT FOR TEMPORARY EMPLOYMENT SERVICES FOR DEMOLITION MONITOR This Contract for Temporary Employment Services for Demolition Monitor (the "Contract") is entered into as of October 11, 2010, by and between the City of Waterloo, Iowa ("City") and Manpower Inc. ("Contractor"). In consideration of the mutual promises exchanged herein, the parties agree as follows: 1. Services. The Contractor agrees to furnish all supervision, technical personnel, labor, materials, machinery, services, and perform and substantially complete all work within the time period stated in the specifications after receipt of Notice to Proceed with respect to a given property or set of properties. Work to be performed includes all work described in the Contract Documents (defined below). Contractor shall provide the above services at the cost set forth in Contractor's RFP response. Contractor will be paid separately for each transaction. Contractor's request for payment for services authorized under this Contract shall be submitted on a weekly basis and will be paid within forty five (45) days after receipt of an original invoice and after such services are delivered and accepted. Contractor will be paid for all items satisfactorily completed. Such payment will be full compensation for all work performed, for all permits, licenses, inspections, for complying with all laws, rules, regulations and ordinances, including safety, and for furnishing all materials, equipment and labor to complete the work, in accordance with the specifications. 2. Contract Documents. The following documents (collectively, the "Contract Documents") are hereby incorporated by reference as though set forth herein in full: a. Request for Proposal and all exhibits thereto b. Addenda c. Response (Proposal) from the Contractor d. Financial Submittal and Signature Page e. Demolition Monitor Job Description In the event of conflict between the provisions of the Contract Documents and this Contract, the provisions of this Contract shall prevail. 3. Contract Limits. Total actual expenses allowed by the project Contract, including any renewal extensions of the Contract, shall not exceed $20,740.00, except by written amendment as provided herein. 4. Approval: Timing of Work. Contractor shall not begin work until after the Contract has been approved by the city council and the Contractor has been issued a Notice to Proceed with respect to any particular property or set of properties. During demolition activities, the timing of work will vary. Contractor will provide a demolition monitor on short notice (approximately 12 hours). No demolition activities can occur without the presence of the monitor. Failure of the Contractor to provide acceptable staff to perform demolition monitor activities on said short notice may be considered a breach of Contract. 5. Reporting- Records. Contractor shall exercise best efforts to maintain communication with City personnel whose involvement in the project is necessary for successful and timely completion of the work of the project, including but not limited to the closing of specific transactions. Communications between the parties shall be verbal or in writing, as requested by the parties or as dictated by the subject matter to be addressed. Contractor shall maintain all project records for a minimum period of three (3) years after the date of final payment for services rendered under this Contract. During the term of this Contract and for the ensuing record -retention period, Contractor shall make any or all project records available upon reasonable request, and in any event within two (2) business days of request, to City, Iowa Homeland Security and Emergency Management Division (HSEMD), the Federal Emergency Management Agency (FEMA), the Comptroller General of the United States, and any other agency of state or federal government, or the duly authorized representatives of any of the foregoing, that has provided funding or oversight for the HMGP property acquisition project, for the purpose of making audit, examination, excerpts and/or transcriptions. For purposes of this section, "records" means any and all books, documents, papers and records of any type or nature that are directly pertinent to this Contract. Contractor agrees to furnish, upon termination of this Contract and upon demand by the City, copies of all basic notes and sketches, charts, computations, and any other data prepared or obtained by the Contractor pursuant to this Contract, without cost and without restrictions or limitation as to the use relative to specific projects covered under this Contract. In such event, the Contractor shall not be liable for the City's use of such documents on other projects. 6. Government -Mandated Provisions. Because the project activity is funded by the federal government, federal law requires that the City's contracts relating to the project include certain provisions. It is possible that some of the provisions set forth in this Section do not apply to Contractor or the services to be provided hereunder, but the provisions are nonetheless set forth to cause this Contract to comply with federal law. City makes no representation about whether any particular requirement is applicable to this Contract. Parenthetical comments in the following paragraphs are taken from 44 CFR § 13.36(i). A. Remedies. See Section 8 below. B. Termination for Cause and for Convenience. See Sections 8 and 9 below. C. Contractor shall comply with Executive Order 11246 of September 24, 1965, entitled "Equal Employment Opportunity," as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations (41 CFR Chapter 60). (applies to all construction contracts awarded in excess of $10,000 by grantees and theft contractors or subgrantees) 2 D. Contractor shall comply with the Copeland "Anti -Kickback" Act (18 U.S.C. 874) as supplemented in Department of Labor regulations (29 CFR Part 3). (applies to all contracts and subcontracts for construction or repair) E. Contractor shall comply with the Davis -Bacon Act (40 U.S.C. 276a to 276A-7) as supplemented by Department of Labor regulations (29 CFR Part 5). (applies to construction contracts in excess of $2,000 awarded by grantees and subgrantees when required by federal grant program legislation, but does not apply to projects paid for with disaster funding) F. Contractor shall comply with Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-330) as supplemented by Department of Labor regulations (29 CFR Part 5). (applies to construction contracts awarded by grantees and subgrantees in excess of $2,000, and in excess of $2,500 for other contracts which involve the employment of mechanics or laborers) G. City's Reporting Regulations and Requirements. See Section 5 above. H. Patent Rights and Copyrights. With respect to any discovery or invention which arises or is developed in the course of or under this Contract, the Contractor is responsible for complying with requirements pertaining to patent rights, as defined by the awarding agency. With respect to any publication, documents, or data that arises or is developed in the course of or under this Contract, the Contractor is responsible for complying with requirements pertaining to copyright, as defined by the awarding agency. I. Access to Documents. See Section 5 above. J. Retention of Documents. See Section 5 above. K. Contractor shall comply with all applicable standards, orders, or requirements issued under Section 306 of the Clean Air Act (42 U.S.C. 1857(h)), Section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR Part 15). (applies to contracts, subcontracts, and subgrants of amounts in excess of $100,000) L. Energy Efficiency Standards. Contractor shall comply with mandatory standards and policies relating to energy efficiency that are contained in the State Energy Conservation Plan issued pursuant to the Energy Policy and Conservation Act (Pub. L. 94-163, 89 Stat. 871). [53 FR 8078, 8087, Mar. 11, 1988, as amended at 60 FR 19639, 19645, Apr. 19, 1995]. • 7. Indemnity. Except as to any negligence of City, its officials, officers, employees or agents, in the performance of any duty under this Contract, and to the extent not covered by insurance maintained by Contractor, Contractor agrees to defend and indemnify City, its officials, officers, employees and agents, the US Government, FEMA, State of Iowa, their agencies and agents, and to hold same harmless, from and against any and all claims, demands, 3 causes of action, losses, costs, or liabilities whatsoever, including but limited to reasonable attorneys' fees and expenses, arising from or in connection with the acts or omissions of Contractor in providing the services contemplated by this Contract. This will include but is not limited to actions or suits based upon or alleging bodily injury, including death, or property damage rising out of or resulting from the Contractor's operation under this Contract, whether by itself or by any subcontractor or anyone directly or indirectly employed by any of them. Contractor is not and shall not be deemed an agent or employee of the City. 8. Default; Termination for Cause. In the event that Contractor defaults in the performance or observance of any covenant, agreement or obligation set forth in this Contract, and if such default remains uncured for a period of seven (7) days after notice thereof shall have been given by City to Contractor (or for a period of fourteen (14) days after such notice if such default is curable but requires acts to be done or conditions to be remedied which, by their nature, cannot be done or remedied within such 14 -day period and thereafter Contractor fails to diligently and continuously prosecute the sante to completion within such 14 -day period), then City may declare that Contractor is in default hereunder and may take any one or more of the following steps, at its option: a. by mandamus or other suit, action or proceeding at law or in equity, require Contractor to perform its obligations and covenants hereunder, or enjoin any acts or things which may be unlawful or in violation of the rights of the City hereunder, or obtain damages caused to the City by any such default; b. have access to and inspect, examine and make copies of all books and records of Contractor which pertain to the project; c. declare a default of this Contract, make no further disbursements, and demand immediate repayment from Contractor of any funds previously disbursed under this Contract; d. terminate this Contract by delivering to Contractor a written notice of termination; and/or e. take whatever other action at law or in equity may be necessary or desirable to enforce the obligations and covenants of Contractor hereunder, including but not limited to the recovery of funds. No delay in enforcing the provisions hereof as to any breach or violation shall impair, damage or waive the right of City to enforce the same or to obtain relief against or recover for the continuation or repetition of such breach or violation or any similar breach or violation thereof at any later time or times. In the event that City prevails against Contractor in a suit or other enforcement action hereunder, Contractor agrees to pay the reasonable attorneys' fees and expenses incurred by City. 9. Termination for Convenience. This Contract may be terminated at any time, in whole or in part, upon the mutual written agreement of the parties. City may also choose to 4 terminate this Contract at any time by delivering to Contractor 10 -days' advance written notice of intent to terminate. 10. Non -Assignable Duties. Contractor may not assign its duties hereunder without the prior written consent of City. 11. Independent Contractor. Contractor is an independent contractor and is not an employee, servant, agent, partner, or joint venturer of City. Contractor has no power or authority to enter into contracts or agreements on behalf of City. City shall determine the work to be done by Contractor, but Contractor shall determine the legal means by which it performs the work specified by City. City is not responsible for withholding, and shall not withhold, FICA or taxes of any kind from any payments which it owes Contractor. Neither Contractor nor its employees, if any, shall be entitled to receive any benefits which employees of City are entitled to receive and shall not be entitled to workers' compensation, unemployment compensation, medical insurance, life insurance, pension, or any benefits of any type or nature whatsoever on account of their work for City. Contractor shall be solely responsible for compensating its employees, if any. 12. Anti -Discrimination. During the performance of this Contract, Contractor, for itself, its assignees and successors in interest, agrees to comply with the anti -discrimination laws of the State of Iowa, as contained in Sections 19B, 551.4 of the Code of Iowa, which are herein incorporated by reference and made a part of this Contract. 13. Severability. In the event any provision of this Contract, together with the Contract Documents, is held invalid, illegal, or unenforceable, whether in whole or in part, the remaining provisions of this Contract shall not be affected thereby and shall continue in full force and effect. If, for any reason, a court finds that any provision of this Contract is invalid, illegal, or unenforceable as written, but that by limiting such provision it would become valid, legal, and enforceable, then such provision shall be deemed to be written and shall be construed and enforced as so limited. 14. General Terms. This Contract, together with the Contract Documents, constitutes the entire agreement between the parties pertaining to the subject matter hereof. This Contract may not be modified or amended except pursuant to the mutual written agreement of the parties. This Contract is binding on the parties and the heirs, personal representatives, successor and assigns of each. Time is of the essence in the performance of the terms hereof. The initial term of this Contract shall be for twelve (12) months as of the date first set forth above and may be subject to renewal or extension by mutual agreement of the parties. IN WITNESS WHEREOF, the parties have executed this Contract for Temporary Employment Services for Demolition Monitor as of the date first set forth above. CITY OF WAI RLOO, IOWA By: Ernest G. C ark, Mayor Attest: S...ti4ky, t,,.C� Suzy c es, City Clerk MANPOWER INC. Linda Gamsky CITY OF WA I'ERLOO Council Communication City Council Meeting: April 16, 2012 Prepared: April 11, 2012 Dept. Head Signature: Eric Thorson, PE., City Engineer # of Attachments: 1 SUBJECT: F.Y. 2012 STREET RECONSTRUCTION PROGRAM AWARDING OF CONTRACT ASPRO, INC. Contract No. 819 Submitted by: Dennis Gentz P.E. Assistant Ci En•ineer Recommended City Council Action: After review of the bids, it is being recommended that the award of the contract be made to ASPRO, INC., of Waterloo, Iowa, in the amount of $7,449,459.97. Summary Statement At the City Council meeting on April 9, 2012, bids were opened for the F.Y. 2012 S I'REET RECONS :RUCTION PROGRAM (DIVISIONS I & II + AL I ERNA 1E A), Contract No. 819, with ASPRO, INC., of Waterloo, Iowa, as the apparent low bidder. The Contracts and Grants Coordinator has reviewed the items relating to the 2002 Contract Compliance Program requirements and has transmitted his recommendation in the attached letter. Expenditure Required $7,449,459.97 Source of Funds Local Option Sales Tax Funds; Sewer Funds; Water Works Funds Policy Issue N/A Alternative None Background Information: Cc: Rudy Jones, Community Development Director CITY OF WATERLOO Council Communication City Council Meeting: April 16, 2012 Prepared: April 11, 2012 Dept. Head Signature: Eric Thorson, PE., City Engineer # of Attachments: SUBJECT: F.Y. 2012 STREET RECONSTRUCTION PROGRAM CONTRACT, BONDS AND CERTIFICATES OF INSURANCE ASPRO, INC. Contract No. 819 Submitted by: Dennis Gentz, P.E., Assistant City Engineer Recommended City Council Action: Approval and signatures of Contracts, Bonds, Certificate of Insurance for the F.Y. 2012 STREET RECONSTRUCTION PROGRAM (DIVISIONS I & II + ALTERNAI'E A), Contract No. 819. Please return three (3) executed copies to this office for distribution. Summary Statement Transmitted herewith are four (4) copies of each of the Contract, Bond and Certificate of Insurance on the F.Y. 2012 STREET RECONSTRUCTION PROGRAM (DIVISIONS I & II + ALTERNATE A), Contract No. 819, for approval and signatures of City officials. The contract is with ASPRO, INC., of Waterloo, Iowa in the amount of $7,449,459.97. Expenditure Required $7,449,459.97 Source of Funds Local Option Sales Tax Funds; Sewer Funds; Water Works Funds Policy Issue N/A Alternative None Background Information: Cc: Rudy Jones, Community Development Director CITY OF WATERLOO Council Communication City Council Meeting: April 16, 2012 Prepared: April 11, 2012 Dept. Head Signature: # of Attachments: 1 SUBJECT: Submitted by: Processional Agreement Clerk's Office Remodeling — City Hall Craig Clark Interim Building Official & Maintenance Administrator Recommended City Council Action: Approve agreement with Invision Architecture for an amount not to exceed $9,500.00 plus reimbursable expenses not to exceed $1,000.00 for analysis, design work, bid documents and construction coordination related to the Clerk's Office Remodeling — City Hall project. Summary Statement Expenditure Required $ 10,500.00 Source of Funds 411-22-8800-2152 Background Information: 3/7/2012 Craig Clark, Maintenance Administrator City of Waterloo 715 Mulberry Street Waterloo, IA 50703 Craig: RE: Clerk's Office Remodeling Waterloo City Hall We are pleased to provide this proposal for improvements City Hall to expand the Clerk's Office. Our understanding of the project is as follows: Develop a new front for the Clerk's Office which captures additional space for the office, and reduces the width of the service counter to one station. Existing stone panels may be salvaged and reused. A new doorway access to the office is to be provided, as well as a new door providing access to the conference room on the north. The ceiling in the lobby will need to be abated and refinished. New lighting will be provided in the expanded area, along with appropriate mechanical and power modifications. New carpet tile and base is to be provided in the open office area of the clerk's office. We project the construction cost of the improvements to be approximately $70,000. Plans, elevations and details will be developed to indicate the recommended solution. We will develop bidding and construction documents to complete the work. We will issue documents for bidding, hold a pre-bid conference, assist the City in receiving bids, and will develop the contracts for construction. During construction, we will hold coordination meetings, review submittals of systems and materials, will conduct a punchlist inspection and will provide coordination of contractors submittals to complete the project. We will work with Modus engineers for minor mechanical electrical work that will be required to complete the project. We propose to hold two meetings during design, the first to review the existing conditions and recommendation for improvements, and the second to review documents prior to issuing for bidding. We will hold two meetings during construction for coordination, and will provide up to four site visits, in addition to the punchlist inspection. We propose to provide these services working on an hourly basis with a maximum fee of $9,500, plus reimbursable expenses. Statements will be issued on a monthly basis. Reimbursable expenses are limited to the cost of production of bidding documents and shipping, and will be billed at cost. The maximum reimbursable expenses will be $1,000. A copy of our hourly billing rates is attached. 0 ry O N N P N u ry E _ (71 LO O P 0 0 oP 8n 0,0 71, O `t. 3'0 n u 0 Lu- E 8 Z s 0 N a Craig Clark 3/7/2012 Page 2of3 I will be the primary contact for INVISION. Josh Demmer will be responsible for development of the documents and coordination during construction. Please contact me with any questions or if you would like further clarification of our proposal. If this proposal is acceptable, please let me know and we will provide a short form agreement for signature. We look forward to the opportunity to work with you on these improvements to City Hall. Sincerely, Michael Broshar, FAIA xc: Lynor Koch/INVISION enclosure 0 N - ^ , 5e) OO a O P " U W ie) O P U n TO i N a 0 o to 0 P O d • h h to J= ` 3 coP 3 h os m 0. O O E _ s O `o t O Craig Clark 3/7/2012 Page 3 of 3 INVISION Architecture Billing Rates March 2012 Principal 180.00 Senior Architect 125.00 Project Manager II 110.00 Project Manager I 90.00 Intern Architect II 75.00 Intern Architect I 65.00 Student Intern 55.00 Interior Designer 70.00 Standards and Model Content Manager 80.00 Draftsperson 60.00 Administrative 50.00 0 EN O P 3 N Q P O '$ « 0 O V vn a 0 0 4 P o 5h 4 3 va O N `o 0 • gn o• o Mayor BUCK CLARK COUNCIL MEMBERS DAVID JONES Ward I CAROLYN COLE Ward 2 HAROLD GETTY Ward 3 QUENTIN HART Ward 4 RON WELPER Ward S BOB GREENWOOD At -Large STEVE SCHMITT At -Large CITY OF WATERLOO, IOWA WASTE MANAGEMENT SERVICES 3505 EASTON AVE. WATERLOO, IA 50702 (319) 291-4553 FAX (319) 291-4523 LARRY N. SMITH SUPERINTENDENT Council Communication City Council Meeting: 4/16/2012 Prepared: 4/11/12 Dept. Head Signature: Larry N. Smith # of Attachments: SUBJECT: Permeate Contract Submitted by: Brian Rath log."' Recommended City Council Action: Requesting permission to enter into negotiations with Permeate Refining L.L.C. to develop a contract for the delivery of AFM Waste (stillage) at the Anaerobic Lagoon as fuel to produce energy. Summary Statement: We presently are accepting stillage at a rate of 5 cents a gallon from Permeate but wish to enter into a contract with them for continued and consistent deliveries. Expenditure Required: Source of Funds: Policy Issue: Alternative: Background Information: WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer CITY OF WATERLOO Council Communication City Council Meeting: April 16, 2012 Prepared: April 11, 2012 Dept. Head Signature: PH # of Attachments: 1 SUBJECT: AGREEMENT FOR RIVERLOOP PUBLIC MARKET CO-OP MARKETING EXPANSION PLAN Submitted by: Paul Huting, Leisure Services Director Recommended City Council Action: Request Council approval of contract with Vandewalle and Associates (Agreement for Riverloop Public Market Co-op Marketing Expansion Plan) in the amount of $23,800.00 Summary Statement: This contract is to market the Riverloop Public Market Co-op. This marketing initiative is designed to facilitate business growth and continued success at the public market. Expenditure Required: $23,800.00 Source of Funds: Contract will be funded by a Blackhawk County Gaming Association Grant. Policy Issue: NA Alternative: NA Background Information: BHCGA has awarded a grant to assist with marketing to help ensure the growth and success of the RiverLoop Public Market Cooperative. Matching funds are being provided by a combination of co-op funds, H/M grant, and currently budgeted City funds. April 2, 2012 Agreement for RiverLoop Public Market Co-op Marketing Expansion Plan Services THIS AGREEMENT is made and entered into by and between the "Client" City of Waterloo, Iowa, and VANDEWALLE & ASSOCIATES (V&A), Inc., Madison, Wisconsin, an economic development, professional planning, and design firm. Article I Scope of Work A. VANDEWALLE & ASSOCIATES agrees to provide the following "Services": Work Element One: Marketing Plan Expansion a. Develop Marketing Implementation Plan 1. Meet with operators and other stakeholders to determine needs and target audiences (under current contract) Develop marketing goals and objectives Develop marketing strategies and tactics Work with operators to identify more local producers; assist in bringing these local products to the RiverLoop Public Market Co-op 5. Identify strategies to enhance interior design and product displays 6. Support efforts for tighter coordination with the Farmers Market 7. Explore opportunities to rent space, such as the meat market, bakery, or other aspects 8. Enhance partnerships with local businesses and stakeholder groups 9. Determine costs for implementation 10. Create timeline for implementation VANDEWALLE & ASSOCIATES City of Waterloo / Public Market E;pansien Plan April 2, 2012 2 b. Business Development Support 1. Work with project team to devise strategy to hire a marketing/public relations intern 2. Work with project team to devise strategy to partner with or market to area businesses to support the market and distribute materials 3. Work with project team to devise program for allowing other local producers to rent a booth in the Public Market to sell their wares with a commission for the market `= c. Media Plan Development 1. Determine strategies and work with project team to select media to best reach the target audience cost effectively 2. Work to ensure media plan has sufficient reach and sufficient repetition 3. Assist in negotiating rates with media 4. Place media buys for 6 -month plan, if desired by the client Work Element Two: Creative Development and Execution Develop creative templates and first issue of creative product including design, layout, copywriting, plus basic design and copy guidelines for some of the following items, as determined by the team, which includes the City of Waterloo, the market operators, V&A, and as the project budget allows. These items include: Newsletter Print ads Graphic art that can be used repeatedly and in different ways for promotional and display marketing items including: shopping bags, bus art, market vehicle magnetic signage art • Recipe cards • Business promotion brochure • New web pages • Cable TV spot (copy, storyboard, and fmal production) VANDEWALLE & ASSOCIATES City of Waterloo / Public Market Expansion Plan April 2, 2012 3 B. Additional Services may be provided at the request of the client through a "Work Order". These services may include extra travel and meeting expenses or white papers. C. VANDEWALLE & ASSOCIATES agrees to provide its professional Services in accordance with generally accepted standards of its profession. Article II Client's Responsibilities A. Client agrees to provide VANDEWALLE & ASSOCIATES with all base maps, blueprints, aerial photos, studies, reports, and ordinances needed to complete these Services. VANDEWALLE & ASSOCIATES may reasonably rely, on the accuracy and completeness of these items. Client agrees to provide these items and to render decisions in a timely manner so as not to delay the orderly and sequential progress of VANDEWALLE & ASSOCIATES Services. B. The administrative liaison between VANDEWALLE & ASSOCIATES and the Client will be Paul Huting, Director of Leisure Services (City of Waterloo). C. Client agrees that the following individuals are approved to authorize Additional Services via a Work Order: Name Tide Name Title D. Client understands that any work product delivered in electronic form under this Agreement may require Client to use certain third -party hardware and/or software products. Client shall be solely responsible for obtaining licenses to use such third -party software. VANDEWALLE &ASSOCIATES makes no warranties or representations as to the quality, capabilities, operations, performance or suitability of any third -party hardware or software including the ability to integrate with any software currently in use by the Client. Client VANDEWALLE & ASSOCIATES City of Waterloo / Public Market Expansion Plan April 2, 2012 4 acknowledges that the quality, capabilities, operations, performance, and suitability of any third -party hardware or software lies solely with Client and the vendor or supplier of that hardware or software. E. If Client makes any modifications to Deliverables, Client shall either 1) obtain the prior written consent of VANDEWALLE & ASSOCIATES; or 2) remove VANDEWALLE & ASSOCIATES name from the Deliverables. In the event that Client selects option #2, VANDEWALLE & ASSOCIATES shall not be liable or otherwise responsible for such modifications or their effect on the results of the implementation of the recommendations contained in such Deliverables. Article III Estimated Schedule A. Services in this Agreement shall commence from March 26, 2012 and be in through March 25, 2013, unless the parties agree otherwise. B. VANDEWALLE & ASSOCIATES shall render its Services as expeditiously as is consistent with professional skill and care. During the course of the Project, anticipated and unanticipated events may impact the Project schedule and VANDEWAI,LE & ASSOCIATES shall not be responsible for any delays caused by factors beyond its reasonable control. Article IV Costs and Paymen All work will be completed on a time and materials basis with the budget for the Project set at $23,800; except for Work Element One.a.1., which shall be provided as part of services defined in the Agreement for Implementation Services 2011-12, dated January 15, 2012. Client acknowledges that significant changes to the Project schedule, budget or Project's scope may require Additional Services for which the parties may (but are not required to) enter into a separate Work Order (see Article I.B.). B. VANDEWALLE &ASSOCIATES shall send Client an invoice for Professional Fees and Reimbursable Expenses once a month. Client shall pay VANDEWALLE & ASSOCIATES the amounts due under such invoice upon VANDEWALLE&ASSOCIATES City of Waterloo / Public Market Eamon Plan April 2, 2012 5 receipt of such invoice. A service charge of 1% per month may be charged on all amounts more than 30 days after date of invoice. Article V Termination A. Either Client or VANDEWALLE & ASSOCIATES may terminate this Agreement upon seven days written notice. B. If terminated, Client agrees to pay VANDEWALLE & ASSOCIATES the hourly rates for all Services rendered and Reimbursable Expenses incurred, up to the date of termination. C. Upon not less than seven days' written notice, VANDEWALLE &ASSOCIATES may suspend the performance of its Services if Client fails to pay VANDEWALLE & ASSOCIATES in full for Services rendered or Reimbursable Expenses incurred. VANDEWALLE & ASSOCIATES shall have no liability because of such suspension of service or termination due to nonpayment. Article VI Dispute Resolution VANDEWALLE &ASSOCIATES and Client agree to mediate claims or disputes arising out of or relating to the Agreement. The mediation shall be conducted by a mediation service acceptable to the parties. A demand for mediation shall be made within a reasonable time after a claim or dispute arises. In no event shall any demand for mediation be made after such claim or dispute would be barred by the applicable law. Article VII Intellectual Property; Confidentiality A. Except as otherwise provided by law: upon payment in full by Client to VANDEWALLE & ASSOCIATES for Services rendered and Reimbursable Expenses incurred pursuant to this Agreement, VANDEWALLE & ASSOCIATES shall grant Client a non -transferable, non-exclusive, perpetual license to use any and all Work Product developed or produced by VANDEWALLE & ASSOCIATES pursuant to this Agreement. As used in this VANDEWALLE &ASSOCIATES City of Waterloo / PublicMaket Expansion Plan April 2, 2012 6 Agreement, "Work Product" means all inventions, processes, data, documents, drawings, records, and works of authorship, whether or not copyrightable or patentable, that are originated or prepared by VANDEWALLE & ASSOCIATES in the course of rendering the Services under this Agreement. Until Client pays VANDEWALLE & ASSOCIATES in full for Services rendered and expenses incurred pursuant to this Agreement, Client may not use any Work Product to complete the Project with others unless VANDEWALLE. & ASSOCIATES is in material breach of this Agreement. B. Except as otherwise provided by law: Client shall not communicate, publish, or otherwise disclose to a third party or authorize or induce anyone else to use, communicate, publish, or otherwise disclose, any nonpublic information pertaining to VANDEWALLE & ASSOCIATES, including, without limitation, any information relating to pricing, products, or ideas of VANDEWALLE & ASSOCIATES. Until VANDEWALLE & ASSOCIATES is paid in full by Client for Services rendered and expenses incurred pursuant to this Agreement, Client shall not communicate, publish, or otherwise disclose to any third party, any information pertaining to or summaries of the Work Product. Article VIII Miscellaneous Provisions A. Iowa law governs this Agreement (without regard to its conflict of law principles or rules of construction concerning the draftsman hereof). This Agreement is the entire and integrated agreement between the Client and VANDEWALLE & ASSOCIATES, and supersedes all prior negotiations, statements or, agreements, either written or oral, with regard to its subject matter. This Agreement may be amended only by written instrument signed by both Client and VANDEWALLE & ASSOCIATES. Neither party can assign this Agreement without the other party's prior written permission. C. Notwithstanding any other term in this Agreement, VANDEWAI I E & ASSOCIATES shall not control or be responsible for another party's means, methods, techniques, schedules, sequences or procedures, or for construction safety or any other related programs. VANDEWALLE & ASSOCI VJ ES City of Waterloo / Public Market Expansion Plan April 2, 2012 7 D. The parties acknowledge that society has become more and more litigious over the years. Despite having done everything right and fulfilling its obligations under this Agreement, VANDEWALI.E & ASSOCIATES may be brought into a lawsuit or other action regarding the Project or other activities of the Client. To avoid VANDEWALLE & ASSOCIATES from incurring significant financial obligations when it has properly performed under this Agreement, Client agrees to indemnify, defend and hold VANDEWALLE & ASSOCIATES, its agents and employees harmless from and against any and all claims, liabilities, suits, demands, losses, costs and expenses (including reasonable attorneys' fees), arising out of the Project or the performance or non-performance of obligations under this Agreement, except to the extent the same are directly caused by VANDEWALLE & ASSOCIATES' negligence or willful misconduct related to this Agreement. E. In the event that any suit or action is instituted to enforce any provision in this Agreement, the prevailing party in such dispute shall be entitled to recover from the losing party all fees (including legal and accounting fees), costs and expenses of enforcing any right of such prevailing party under or with respect to this Agreement, including without limitation, all costs of appeals. Fox; purposes of this provision, "prevailing party" shall include a party that dismisses an action in exchange for payment of the sum allegedly due, performance of covenants allegedly breached, or consideration substantially equal to the relief sought in the action or proceeding. VANDEWALLII & ASSOCIATES reserves the right to include representations of the Project in its promotional and professional materials. In order for VANDEWALLE & ASSOCIATES' to provide cost effective services, the, parties agree that VANDEWALLE & ASSOCIATES shall not be liable to client or any third party for any losses, lost profits, lost data, consequential, special, incidental, or punitive damages, delays, or interruptions arising out of or related to this Agreement, regardless of the basis of the claim. VANDEWALLE & ASSOCIATES' aggregate liability (including attorneys' fees) to Client shall not exceed the amount of fees actually paid to VANDEWALLE & ASSOCIATES by Client with regard to the Services or the Work Order for which liability has been asserted. VANOFWALLE & ASSOCIATES City of Waterloo / Public Market Expansion Plan April 2, 2012 8 IN WITNESS WIIEREOF, the parties hereto entered into this Agreement as of the latest date noted, below. City of Waterloo By: Signature of Authorized Representative Date Printed Name Title VANDEWALLE & ASSOCIATES, INC. By: Brian Vandewalle, President Date VANDEWALLE & ASSOCIATES City of Waterloo / Public Market Expansion Plan April 2, 2012 9 ATTACHMENT ONE FEE SCHEDULE Hourly Rates Company President $195 to $250 Principal $120 to $220 Associate $70 to $120 Assistant $60 to $80 GIS Analyst/Cartographer $60 to $80 Communications Specialist $60 to $85 Project Assistant $35 to $65 Mayor BUCK CLARK COUNCIL MEMBERS DAVID JONES Ward 1 CAROLYN COLE Ward 2 HAROLD GETTY Ward 3 QUENTIN HART Ward 4 RON WELPER Ward 5 BOB GREENWOOD At -Large STEVE SCHMITT At -Large CITY OF WATERLOO, IOWA COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319) 291-4366 Fax (319) 291-4262 NOEL C. ANDERSON, Community Planning & Development Director Council Communication City Council Meeting: April 16, 2012 9 Prepared: April 11, 2012 Dept. Head Signature: # of Attachments: '3 SUBJECT: Request by Hy -Vee, Inc for the Preliminary and Final Plat of Carber Heights Plat I, generally located at 3700 University Avenue for a 3 -lot commercial subdivision, and a resolution approving a variance to the requirements of the Subdivision Ordinance in Section 2.3 (1) Final Plat Submittal. Submitted by: Noel Anderson, Community Planning & Development Director Recommended City Council Action: Approval Summary Statement: Transmitted herewith is the request by the Hy -Vee for the Preliminary and Final Plat of Carber Heights Plat I, located at 3700 University Avenue. Also, due to staff requesting approval of both the Preliminary and Final Plat at the same City Council meeting, the City Council would need to approve a variance to the requirements of the Subdivision Ordinance in Section 2.3 (1). Please find attached the following documents: o Staff report o Aerial photograph of the area • Preliminary and Final Plats • Report of the City Engineer The plat consists of 8.6 acres of land, with 3 -lots that will be developed into a commercial subdivision. Currently, Hy -Vee is planning to construct a new gas station/coffee shop on Lot 1 of the subdivision, and Lots 2 and 3 will continue to be uses for storage purposes. A storm water detention area is being proposed at the far northwest corner of Lot 3, and water from Lot 1 will be piped along the western edges of Lots 2 and 3, then turn eastward and travel along the north lot line of Lot 3. The proposed gas station/coffee shop on Lot 1 meets all required setbacks for the "C-2" Commercial District zoning designation. The surrounding area is served by all necessary utilities to serve the proposed commercial uses. CITY WEBSITE: www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer The preliminary plat shows 1 access point to public right-of-way, with the access point being located off of the University Avenue frontage road. The access point is 2, 15' lanes with a median strip in the middle to separate inbound and outbound traffic at the site. Therefore, we would ask that the City Council adopt a resolution approving a variance to the requirements of the Subdivision Ordinance in Section 2.3 (1) Final Plat Submittal, and approve the Preliminary and Final Plat of Carber Heights Plat I. Expenditure Required: N/A Source of Funds: N/A Policy Issue: Land Use, Economic Development Alternative: Background Information: Recently, Platt's Nursery closed, and Hy -Vee has come forward to redevelop a portion of the site. At this time, there are no plans of redevelopment for Lots 2 and 3 of the proposed subdivision. cc: Ark Schroeder, City Planner Eric Thorson, City Engineer Dennis Gentz, Assistant City Engineer REQUEST: APPLICANT(S): GENERAL DESCRIPTION: SURROUNDING LAND USES AND IMPACT ON NEIGHBORHOOD: VEHICULAR & PEDESTRIAN TRAFFIC CONDITIONS: RELATIONSHIP TO RECREATIONAL TRAIL PLAN: ZONING HISTORY FOR SITE AND IMMEDIATE VICINITY: BUFFERS REQUIRED/ NEEDED: DRAINAGE: 3.6.12 —Garber Heights Plat 1 March 6, 2012 REQUEST FOR THE PRELIMINARY AND FINAL PLAT OF CARBER HEIGHTS PLAT 1 Hy -Vee Inc., 5820 Westown Parkway, West Des Moines, IA 50266. The request is for the preliminary and final plat of Carber Heights Plat 1, for the development of a 3 -lot commercial subdivision next to 3700 University Avenue. The request would not appear to have a negative impact on the surrounding area, and approval of the plat would allow for Hy -Vee to construct a new gas station/car wash/coffee shop. There is numerous commercial uses in the area, and the proposed use of Lot 1 would appear to be similar and compatible. Surrounding land uses include: North — Single-family housing and vacant development ground, zoned "R-1" One and Two Family Residence District. South — Existing commercial development, zoned "C-2" Commercial District. East — Existing professional office development and single- family development, zoned "C-2" Commercial District and "R- 1" One and Two Family Residence District. West — Existing commercial development, zoned "C-2" Commercial District. The plat will have frontage onto the frontage road along University Avenue, which is classified as a Principal Arterial. Recently, a sidewalk was constructed along the north side of University Avenue with ADA funds. There are some concerns with traffic that would be created by the gas station/car wash/coffee shop use on Lot 1, and the engineer on the project is working with a traffic engineer on how the proposed use would impact the surrounding transportation network. A gas station is a high traffic use with the potential for hundreds of automobiles per day. The Greenhill Road Trail is located approximately'% of a mile to the east along Greenhill Road. The site in question is zoned "C-2" Commercial District and "R-1" One and Two Family Residence District, and has been zoned as such the adoption of the Zoning Ordinance. Surrounding land is also zoned "R-1" One and Two Family Residence District and "C-2" Commercial District. There appears to be no need for additional screening and buffering of the plat from surrounding land uses. There are concerns on where the drainage will be directed after Lot 1 is developed. Currently, the majority of the runoff 76 for Lot 1 goes towards University Avenue, however, the applicant is proposing to drain the water toward Macallan Lane to the north, as there is a 40' drainage easement north of the plat along the east side of Pine Meadows Addition. Engineering has noted that there are known drainage problems to the north, and directing more water flow to the north could further worsen those drainage problems. When Lot 1 of the plat is developed into a gas station/car wash/coffee shop, it will be necessary that a storm water calculation and detention plan be submitted, which at this time, has not been submitted. There have been some discussions on having a shared detention area on the north part of Lot 3, however, until a detention plan is submitted, it is not known where detention will be for Lot 1. The plat slopes downward from the southwest to the northeast, with elevation ranging from 964' to 936'. DEVELOPMENT The surrounding area is comprised of a multitude of different HISTORY: uses, ranging from single -family residential development and heavier commercial uses, such as K-Mart and Hy-Vee. Much of the development in the area was constructed in the 1960s to the 1980s. FLOODPLAIN: No portion of the rezone 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 0169F, dated July 18, 2011. PUBLIC /OPEN Valley View Park is located approximately' of a mile to the SPACES/ SCHOOLS: east at the intersection of Greenhill Road and Maynard Avenue. Central Middle School is located approximately % of a mile to the south near Downing Avenue and Katoski Drive. UTILITIES: WATER, There is an 8" sanitary sewer located within University Avenue SANITARY SEWER, to the south and east. There is also an 8" sanitary sewer STORM SEWER, ETC. located to the north in Macallan Lane. There is a 15" storm sewer located within University Avenue to the south. Engineering has noted that sanitary flow from this site would go to the North Hackett Lift Station, and currently, there are some capacity issues with that station. It will be necessary for the car wash to recycle their water to reduce the amount of flow leaving the site if it is determined that any additional flow can be directed to the North Hackett Lift Station. RELATIONSHIP TO The Future Land Use Map designates this area as COMPREHENSIVE Commercial, which would allow for commercial development. LAND USE PLAN: The platting request is in conformance with the Future Land Use Map and Comprehensive Plan, and is located within the Primary Growth Area. STAFF ANALYSIS — The Preliminary and Final Plat consists of 3 lots, containing a 3.6.12 — Carber Heights Plat 1 Page 2 of 4 77 ZONING total of 8.6 acres of land, which is located at 3700 University ORDINANCE: Avenue. The size of lots range from 2.379 acres to 3.255 acres, with Lot 2 being the largest of the 3 -lot subdivision. It is shown on the preliminary plat as Lot 1 being developed into a gas station/car wash/coffee shop, which would be a permitted use in the "C-2" Commercial District. On Lot 2, there are 3 storage buildings located upon it that were previously built and used for the previous landscaping business. Currently, there are no development plans for Lot 3. Sanitary sewer and water would be extended from the frontage road to serve the plat. A 30' wide access easement is shown on the far southeast corner of Lot 1 to provide access to Lots 2 and 3, which are owned by the same owner. Lot 1, where the gas station/car wash/coffee shop would be would be owned by Hy -Vee, Inc. A 10' sanitary sewer easement is also shown in the general vicinity of the access easement. There is a 10' wide storm sewer easement shown on the northwest portion of Lot 2. There are future plans to do improvements to University Avenue, with those plans showing the access road that comes off of University Avenue being shifted to the west. This would possibly eliminate any traffic back up at the current intersection, however, it is not known when these changes would take place. STAFF ANALYSIS — The Subdivision Ordinance requires that Preliminary and Final SUBDIVISION Plat submissions include such criteria such as boundaries of ORDINANCE: property, proposed streets, easements, and widths of right-of- way, contours, and utility locations, all of which are provided on both the preliminary and final plats. STAFF Therefore, staff recommends that the Preliminary and Final RECOMMENDATION: Plats of Carber Heights Plat 1 be approved for the following reasons: 1. The plat is in accordance with the Subdivision Ordinance, and can be served by the extension of existing utilities. 2. The plat is in accordance with the Comprehensive Plan and Future Land Use Map, which classify this area as Commercial, which allows for commercial uses. 3. The plat will create additional infill development sites in the Primary Growth Area. And subject to the following condition(s): 1. That the applicant submits a site impact traffic study on how the proposed gas station/car wash/coffee shop will impact traffic conditions in the area. 2. That the Deed of Dedication include easement information, location, maintenance, and shared use language for 3.6.12 — Carber Heights Plat 1 Page 3 of 4 78 drainage of the site, ownership and maintenance of that drainage way, as well as location and design details. 3.6.12 — Carber Heights Plat 1 Page 4 of 4 79 Request to Preliminary and Final Plat of Caber Heights Plat 1, for the Purpose of Constructing a New Convenience Store and Car Wash on the Property !/ • -1'I tt/El1 10E1114, I/1.'3: I/1 .11 :e 1.,5. FP. — 1.{ 1 01 a 7 (:Mwe6v wen V:nwl 1' I 1 11' I, I I 1I 1 II 1 1 I / 1 L 1 WI II 0781 ',a (1,140 j Il.rk.:n r,.„,7,,,,' -i �6xr1»,n .i au I I ;uOMEIIr. p.0 I ,I WATERLOO 4 GAS WATERLOO, IOWA E6T10`Fl OYMFD 162922.1917. 6620 ME9i0MI 0APMWAY WEST 0&4600619. IOWA 60266 OELEO00260 (016)15)3800 FA. (616):8/.29(5 8 go VII < g 5 sI :e 1(66.60) n. S 'A...A rl0 4t. •l+ II. 181.049 ($1919. 9+w: P319M1., (P 5)10.1 • 418 - Jnre. 1I9 -214M19. I... A 1..9 I2FIVriA ry) UPL(ITED PORTION NE 1/4, SE 1/4 SDC. 20, 0800. RISS '• Mgt kie1'�� 3"5' -so gip Flia >9IiLIiR1IIr,1y d'a 9slQ o '7 ' II it amts '" we /sem ' „„7„4,s___ _ .. : f 1ST 22 LOT SI 1ST 20 �' t SHEET NO. I OFWt I / r pvlT r(nx( ago on oa) UPUTTED P0011011 SDI/1,190.( 1 SEC. 20. T84N, 121 O 41 nlo.n {11 n9nn aFe .13 FINAL PLAT - CARBER HEIGHTS PLAT 1 A PORTION OF TT -IE E 1/2. SECTION 20. IRON, R13W IN THE CITY OF WATERLOO. SLACK NAWI< COJ,'lrV. STATE OF IOWA 14 .poo. (199) I11106- _t` mo(oaxn'•I 4t.1 �Q b A=Y 3a 030 1059 9911) ) ma <919TI RORTT OIILISUBDMS(OR 182081110. IOWA 4 �9°r•YfL "wig DiQ 1840 (999T) Ad(Pas ) yFD u 9� qo pb s o "3 1�I �� VNW anx 8;,,M O • La oC4 e4 CITY OF "WATERLOG PLANNING AND ZONING COMMISSION REQUEST FOR PLATTING (MINOR OR PRELIMINARY) 1. APPLICATION IIITFORM4TION: a.Applicant's Name (please print): HyVee. Inc. c/o Jeff Stein Address: 5820 Westow0 Pkwy )'hone: 515 267-2819 City: West Des Moines State: IA Zip: 50266 b. Status of Applicant (a) Owner (b) Other x (CHECK ONE): If other explain _ Contract Buyer c. Property Owner's Name If different than above (please print): --Carber Bevel o moment, LC (Julie Gardner. President and Matt Gardner, VP) Address: PO Box 2751 Phone: 319 444.8736 City: Waterloo State: IA Zip: 80704 2. rROPERTYINPORMATION; a. Name of Plat Garber Heights, Plat 1 b. General Location of Property 3700 University Avenue o. Area of Proposed Plat 8.6 Acres d. Zoning Diatrict(s): C-2 and R-1 3. O3. gram DOCUMENTATION: a. Preliminary Deed of Dedication (petered but not required) b. Overall Street Plan (if applicable) . • 0. Six (6) copies of thePteliminaryPlat which art in conformance with Sem 11-3-2 of the Subdivision Ord. de Pour (4) copies of Preliminary Deed of Dedication 4. MIMIC TheROVEMENTS a. Are youre<presting participation by the City in any improvements? Yes No x b. If yes specify why and for what foe C. Costa (estimated): . T to ltit ;a, Rermested City Sham Storm SawaS$ Sower $ Paving Land Dedicated $• • TOTAL The Request Fee of $300 + $10 per lot (payable to the City of Waterloo) is required, This fee is non- refundable. Under no condition shall said sum or any part thereof be refunded for failure of said request to be Myappromajor change in any of the infomtationgiven will require tat the request go bank through the process, with a new Request Fee. The undersigned certify under oath and under the penalties of perjury that all information on this request and submitted along with It is true and corset All boformerion submitted will be used by the Waterloo Planning Programming, and Zoning Commission and the Waterloo City Council in making their decision. The undersigned authorize City Zoning Officials to enter the property in questionin regards to the request 83 ND ZONING CITY OF WA � UESFLAMIN k G A O (FINAL) ON SSION LICATI 14 , .0, a . a Applicant's Name (please print):HY Vee, lnc. clo doff Stein Phone: 515287-2819 ' Address: 5820 Westown P State: f 80288 City:We Dem lfin — Otherl_ ONE): If other explam:�r �-- b. Status of Applicant: (a) Owner (b) p Contract Buyer e. Property Owner's Name if different than above (please print): Garber Deveto metett , LG Jufie Gardner. President Phone 31 404-873_1_,—.6 736 Address: PO Bo 51 State: fA Zip: 50704 City; Wafedoo r--�------ 2. pgppltTYTNFO1tMALI: a. Name of Plat: Cattier HProperty.ins O Platt b. General Location a. Area of Proposed Plat: 8.6 Acres to the City: O Aeres d. Area of Proposed Plat to be da&catotoonv NIA e. Value of area to be dedicated/conveyed the City_ £ ZoningDistrict(s): 3. rKn�"utct ATI(�N: Plat Approval: P&Z ��-City Council �.--- a. Date of Preliminary with Section 11-3 3 of the Subdivision Ord. b. Six (6) copies of the Final Plat which are inconormance c. Four (4) copies of DeedofDediction (2 azustbe original signatures) 4. Four (4) copies of all Petition and Waiver forms (2 must be original signatures) e, Four (4) copies of Certificate of Survey (2 must be original signatures) 4. FUBLIC_ Il'ROVlslyi)lP1Ts any bnprov��? Yes No x� L Are �u�ueparnapationby the City � in — b. If yes specify why and for what fon'? O. Costs: Winne Actual Tom' Qed Stoma Sewer Sanitary Sewer Paving Land Dedicated TOTAL TheFee of $215 + $18 per lot (payable to the City of Waterloo) is required. This fee is non - ref Requesty aitthereof be refunded for failure of said request to be approved. Under no change ndit n shall fail horn m' anon n will require that the request.go back trough the proceved.Ana major est in anyhetm erhtfot'toaa tify ties of perjury that process, with a new Request Fee. The uedersigned certify under oath and under the . be1bytthe Waterlooon this request and submitted alonb& an thou CD Commission and d correct. the Waterloo City Council in m usedntheir the decision.Monist, r igne u� tb City Zoning Officials to enter the property in question malting The undersigned a in regards to the request. 84 Hy -Vee, Inc Rezone/Plat Request Photos Looking at the existing storage buildings located on the property. These will be rezoned to commercial. Looking at the existing storage building located on the property. This will be rezoned to commercial. Looking at the existing building on the property. This will be demolished to make room for the new gas station/car wash. Looking at the existing building on the property. This will be demolished to make room for the new gas station/car wash. 85 Hy-Vee, Inc Rezone/Plat Req nest Photos Standing at the entrance to the property looking towards University Avenue. Looking west of the property at additional commercial properties. 86 Mayor BUCK CLARK COUNCIL MEMBERS DAVID JONES Ward I CAROLYN COLE Ward 2 HAROLD GETTY Ward 3 QUENTIN M. HART Ward 4 RON WELPER Ward 5 BOB GREENWOOD At -Large STEVE SCHMITT At -Large CITY OF WATERLOO, IOWA MENallela WATERLOO ENGINEERING DEPARTMENT 715 Mulberry Street • Waterloo, IA 50703 • (319) 291-4312 Fax (319) 291-4262 ERIC THORSON, P.E. • City Engineer email: city.engineer@,waterloo-ia.org April 11, 2012 9131 9641 Aric Schroeder, City Planner Planning, Programming & Zoning Commission Waterloo City Hall Waterloo, IA 50703 RE: PRELIMINARY PLAT CARBER HEIGHTS PLAT 1 Dear Aric: This preliminary plat has been reviewed, and it has been determined that it meets the requirements of the applicable portions of Section 3, 4 and 5 of Ordinance 2997, Subdivision Ordinance. It is recommended that this preliminary plat be approved. Dennis J. Gentz, P.E. Assistant City Engineer CITY WEBSITE: www.cityofwaterlooiowa.com WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Mayor BUCK CLARK COUNCIL MEMBERS DAVID JONES Ward I CAROLYN COLE Ward 2 HAROLD GETTY Ward 3 QUENTIN M. HART Ward 4 RON WELPER Ward 5 BOB GREENWOOD At -Large STEVE SCHMITT At -Large CITY OF WATERLOO, IOWA WATERLOO ENGINEERING DEPARTMENT 715 Mulberry Street • Waterloo, IA 50703 • (319) 291-4312 Fax (319) 291-4262 ERIC THORSON, P.E. • City Engineer email: city.engineer@waterlocria.org April 11, 2012 9131 9641 Mr. Aric Schroeder, City Planner Planning, Programming & Zoning Commission Waterloo City Hall Waterloo, IA 50703 RE: FINAL PLAT CARBER HEIGHTS PLAT 1 Dear Aric: This final plat has been reviewed, and it has been determined that it meets the requirements of the applicable portions of Section 3, 4 and 5 of Ordinance 2997, Subdivision Ordinance. It is recommended that this final plat be approved. Sincerely, Dennis 4. Gentz, P.E. Assistant City Engineer CITY WEBSITE: www.cityofwaterlooiowa.com WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Mayor BUCK CLARK COUNCIL MEMBERS DAVID JONES Ward 1 CAROLYN COLE Ward 2 HAROLD GETTY Ward 3 QUENTIN HART Ward 4 RON WELPER Ward 5 BOB GREENWOOD At -Large STEVE SCHMITT At -Large CITY OF WATERLOO, IOWA COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319) 291-4366 Fax (319) 291-4262 NOEL C. ANDERSON, Community Planning & Development Director Council Communication City Council Meeting: April 16, 2012 Prepared: April 11, 2012 /y Dept. Head Signature: //fir # of Attachments: 6. 11- ea -1q11 SUBJECT: Request to preliminarily approve plans, specifications, form of lease, etc., set date of public hearing, and publish an official notice pertinent to the taking of bids and request to receive and open the bids to farm City owned land at the southwest corner of Highway 20 and Kimball Avenue, just south of Tower Park. Submitted by: Noel Anderson, Community Planning & Development Director Recommended City Council Action: Approval Summary Statement: Transmitted herewith is a request for the City to seek bids for the farming of City owned property at the southwest corner of Highway 20 and Kimball Avenue. The City owns approximately 28.4 acres, which currently serves as a detention basin for Dry Run Creek. In the past, the land has been baled for hay, and the use of the property would be limited to as such. Staff has taken calls from more than one interested party, and believes the property should therefore be bid to allow all interested parties the same rights to potentially utilize the land for hay baling purposes. In past agreements, the City has received up to $300.00 per year for the use of the land as such. I have attached a "City of Waterloo Property Bid Sheet" for bidding purposes. Also attached to this letter is the Official Publication to be publicized in the Courier. As the City must lease property for periods of 3 years or greater through a public hearing, this bidding method allows interested buyers to not have their bid amounts known publicly prior to the date of the public hearing. The bids will be received up until 10 a.m. on Friday, April 27, 2012 in the City Clerk's office. The City Council reserves the right to accept or reject any bid. Therefore, we would ask that the City Council set a date of public hearing for May 7, 2012 and publish an official notice pertinent to the request for bids. If you have any questions or need any additional information regarding this matter, please contact our office. Expenditure Required: N/A Source of Funds: N/A CITY WEBSITE: www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Policy Issue: Property Management Alternative: Background Information: In the past, the City has rented the land out in question for hay baling purposes. Currently, there are no plans to develop the land, and when it is in the future, it will be used as a water retention area. Legal Description: See attached ta:NA cc: Ark Schroeder, City Planner PROPOSALBID FORM FOR SW CORNER OF HIGHWAY 20 AND KIMBALL AVENUE FARM LEASE WATERLOO, IOWA City of Waterloo: 1. The undersigned hereby certifies that he has the sole responsibility to examine the Notice to Bidders, SW Coiner of Highway 20 and Kimball Avenue Farm Lease, and Proposal/Bid Form and is familiar with the Farm property in question, all applicable USDA Farm Service Agency Records, and local conditions pertaining to this work. 2. The production of hay as described in the Notice to Bidders shall comply with the SW Corner of Highway 20 and Kimball Avenue Farm Lease and generally accepted farming guidelines. The lease will set forth the complete terms of the contract between the parties and will supersede all terms, conditions, or promises set forth in the Notice to Bidder, this Proposal/Bid Form, or otherwise. The successful bidder will enter into a lease on terms acceptable to the owner, which will be substantially in the form provided to bidders with the bid solicitation. The sole use of the property shall be for hay production purposes. 3. The undersigned, in compliance with your Notice to Bidders dated , 2012, hereby proposes to do the work called for in said lease and to furnish all crop inputs, materials, tools, vehicles, equipment, labor, and any other thing necessary for the said work, at the following rate: Description Unit Bid Price 28.4 acres (2012) $ 28.4 acres (2013) $ 28.4 acres (2014) $ Total Bid $ 4. The undersigned recognizes that City of Waterloo, in its sole discretion, has the right to reject any and all bids, and to waive any and all irregularities or technicalities. In addition to information submitted by the bidder, other information known to the evaluator about the bidder, the City's experience with the bidder, and/or information from references may be relied upon in evaluating the bid. Financial terms will not be the sole determining factor. Failure to submit all required information or documents may disqualify the bid. 5. The bidder will complete and provide the Bidder's Information Sheet and Synopsis of Experience Record form and enclose them with the bid. 6. Bidder acknowledges that City of Waterloo has the right to ask for additional information prior to any award. Respectfully submitted, Bidder By: Signature Title Print Address (Include zip code) Telephone Number Bidder's Information Sheet A. Bidder's Capacity: (check one) 1. Individual 2. Partnership 3. Corporation 4. Limited Liability Company 5. Other (describe) B. (If Item #2 or #5 above is checked, complete the following) Principal office in State of Names and addresses of general partners, owners or trustees: 1. 2. 3. 4. C. (If Item #3 above is checked, complete the following) State of Incorporation Names and addresses of officers: President: Secretary: Treasurer: D. (If Item #4 above is checked, complete the following) State of Organization Names and Addresses of Managers: 1. 2. 3. Name of Bidder: Synopsis of Experience Record Business Address: Farming production of crops/hay successfully completed within past five years similar in size, scope, and difficulty to the work bid upon. 1. 2. 3. 4. 5. Name of Owner Acres of Farm Business References: 1. 2. 3. Name Location of Farm Amount of Lease Company Phone Number (Signed) (By Print) (Title) (Date) OFFICIAL PUBLICATION FARM LEASE AVAILABLE SW CORNER OF HIGHWAY 20 AND KIMBALL AVENUE TO: Prospective Bidders The City of Waterloo is soliciting written bids to be delivered in person or by mail to the City Clerk as set forth below, for approximately 28.4 acres located in Section 9 in Black Hawk County near the Southwest corner of Highway 20 and Kimball Avenue. Sealed bids must be received by the City Clerk of the City of Waterloo at her office at City Hall, 715 Mulberry Street, Waterloo, Iowa 50703 no later than Friday, April 27, 2012 at 10:00 a.m., at which time bids will be opened in the City Clerks' Office. Description of Property: Certain parcels located in Sections 9, Black Hawk County, Iowa, consisting of approximately 28.4 acres, more or less. A three-year lease is available. Payment terms are 100% cash rent due December 1 of each year. Additional provisions include but are not limited to the following: Tenant shall conform to City of Waterloo Regulations and requirements as set forth in lease agreement. Tenant shall, at its own expense, procure and maintain comprehensive public liability insurance in the amount of not less than $1,000,000 per occurrence and $5,000,000 annual aggregate. Such insurance shall cover liability arising from the acts or omissions of Tenant, its employees and agents, and shall protect Landlord against such claims, damages, costs or expenses, on account of injury to any person or persons, or to the property of same, by reason of such casualty, accident or other occurrence on or about the Real Estate during the term of this Lease. Certificates or copies of said policies, naming Landlord (City of Waterloo) as an additional insured, and providing for thirty (30) days' advance notice to Landlord before cancellation, shall be delivered to Landlord within no later than commencement of the lease term. A renewal certificate shall be provided to Landlord prior to expiration of any policy. Landlord shall provide no such insurance for the property or activities of Tenant, its agents or employees. Write "FARM BID" on the outside of the envelope. The City of Waterloo reserves the right to reject any and all bids at its sole discretion and to waive any irregularities or technicalities. The bidder to whom the lease is awarded will be required to sign a farm lease on a form satisfactory to the City of Waterloo. For further information, please call Tim Andera, Associate Planner, City of Waterloo Community Planning and Development Department, (319) 291-4366. • City Owned Land - SW Corner of Kimball Avenue & Hwy 20 28.4 Acres iittO a ' •; 1 • � °1cU1!liyl! Mayor BUCK CLARK CITY OF WATERLOO, IOWA COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319) 291-4366 Fax (319) 291-4262 NOEL C. ANDERSON, Community Planning & Development Director Council Communication City Council Meeting: April 23, 2012 440 Prepared: April 11, 2012 Q Dept. Head Signature: ,QG-t # of Attachments: COUNCIL MEMBERS SUBJECT: Contract award to Terracon Consultants of Cedar Falls Iowa, to provide post demolition construction materials testing services for the backfilling of 820 and 910 Sycamore Street in the amount not to exceed $2,650.00. DAVID JONES Ward 1 Submitted by: Noel Anderson- Community Planning & Development Director CAROLYN Recommended City Council Action: Approval of Contract to Terracon Consultants of COLE Ward 2 HAROLD GETTY Ward 3 QUENTIN HART Ward 4 RON WELPER Ward 5 Cedar Falls Iowa, to provide post demolition construction materials testing services for the backfilling of 820 and 910 Sycamore Street in the amount not to exceed $2,650.00. Summary Statement: The properties located at 910 and 820 Sycamore Streets properties are located in the area where six twelve plex apartment buildings well be constructed. It is required to backfill the foundation holes to 98% compaction before construction of the apartment complexes are built to ensure that there is no settling on site that would damage structure and or parking lots. Expenditure Required: $2,650.00 BOB Source of Funds: The demolition activities of this site will be undertaken by the City of GREENWOO�aterloo using G.O. funds, for nuisance abatement. At -Large STEVE SCHMITT At -Large Policy Issue: The properties located at 910 and 820 Sycamore Streets where purchased for residential development in approximately 2001. However, that development did not occur and the city now has a new developer that will build 6 twelve units apartment buildings. Alternative: N/A Background Information: cc: NOEL C. ANDERSON, Community Planning & Development Director CITY WEBSITE: www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer CITY OF WATERLOO Council Communication City Council Meeting: 4/16/2012 Prepared: 4/11/12 Dept. Head Signature: Suzy Schares # of Attachments: SUBJECT: Collective Bargaining Agreements effective 7/1/2012 Submitted by: Suzy Schares, City Clerk Recommended City Council Action: Resolution to approve four (4) year bargaining agreements with Communication Workers of America; International Association of Fire fighters Local No. 66; Municipal Employees Local Union No. 353; Teamsters Local No. 238; and Waterloo Police Protective Association. Summary Statement: The Collective Bargaining Agreements will incorporate the changes that were negotiated in good faith with the respective Unions culminating in a Tentative Agreement that was subsequently ratified by a majority vote of the membership of each respective Union: (Teamsters is voting on ratification 4/16/12) Expenditure Required: varies Source of Funds: Varies according to revenue source. Background Information: Major changes common to all Agreements: 1) An across the board increase for all classifications referenced in the Salary Schedule for each bargaining unit, as follows: July 1, 2012 —1.90% July 1, 2013 —2.10% July 1, 2014 — 2.90% July 1, 2015 — 3.00% 2) Benefit enhancements in Health Insurance to encourage employees to take preventative measures to promote individual wellness. 3) An increase in employee participation/ contribution to the total monthly premiums, co-insurance, deductible, and out-of-pocket maximums for health insurance coverage, as stated below: July 12012 Deductibles Increased to 250/500. Primary Care: $15 Specialist: $30 CITY OF WAI't✓RLOO Council Communication City Council Meeting: 4/16/2012 Prepared: 4/11/12 Dept. Head Signature: Suzy Schares # of Attachments: SUBJECT: FY2012 Salary Schedule for Non -Bargaining Employees Submitted by: Suzy Schares, City Clerk Recommended City Council Action: Motion approving a 3.9% salary increase for non - bargaining employees effective July 1, 2012. Summary Statement: Expenditure Required: certified budget for FY13. It is recommended that non -bargaining employees including department heads receive a 3.9% increase in their base salary effective July 1, 2012 for purposes of internal as well as external equity. The proposed 3.9% increase has previously been approved in the Source of Funds: Varies according to revenue source. Background Information: All City of Waterloo employees represented by collective bargaining units will receive a 1.9% increase in their base salary effective July 1, 2012. Last year non - bargaining employees received a 1% increase to their base salary, while bargaining employees received a 3% increase. A 3.9% increase is recommended for non -bargaining employees to regain internal equity among all City employees. As a result of the lower non -bargaining salary increase for FY 2012, there were several instances where management made less than their subordinates. For instance, Capt Mohlis (exempt employee) earned less than two sergeants and two lieutenants in 2011; six bargaining police officers earned more than Lt. Cirksena and Lt. Carrier (non -bargaining employees); a bargaining Clerk made more than the Administrative Secretary (non -bargaining); only 4 cents separates Clerk II (bargaining) and Administrative Secretaries (non -bargaining) hourly wages; less than $1,000 separated the 2011 wages between a randomly picked bargaining Golf Maintenance worker and the Golf Manager. Attached are random samples of non -bargaining position salaries for comparable cities to help illustrate the external inequity that exists. Job Title Admin Secretary Exec Secretary Deputy City Clerk Asst Fire Chief (Batt) City Planner Police Captain Public Works Dir HR Director Assistant Police Chief Fire Chief Leisure Svcs Director Waterloo Cedar Rapid; Sioux City Dubuque Cedar Falls $ 19.00 $ 21.44 $ 22.80 $ 20.14 $ 25.74 $ 21.82 $ 26.31 $ 23.90 $ 24.55 $ 28.34 $ 37.46 $ 45.19 $ 45.53 $ 40.41 $ 31.32 $ 34.38 $ 38.28 $ 38.79 $ 49.84 $ 44.35 $ 40.41 $ 41.27 $ 54.81 $ 47.44 $ 52.48 $ 41.58 $ 49.84 $ 46.44 $ 47.44 $ 41.70 $ 54.94 $ 44.96 $ 41.70 $ 51.62 $ 55.72 $ 50.48 $ 41.85 $ 56.32 $ 47.44 $ 54.50 Hourly Wage $60.00 $50.00 $40.00 $30.00 $20.00 $10.00 $- Non -Bargaining Comparable Wages e����6 ot���6 G`-� 0�1 �����` `����`� t Q�t \��G�ot Gr`�� Gr\�� 0\9 co Pam <+ 0� -I ���P���S ��5 Job Title -� Waterloo Cedar Rapids Sioux City x Dubuque - Cedar Falls CITY OF WATERLOO Council Communication City Council Meeting: 4/16/2012 Prepared: 4/11/12 Dept. Head Signature: Suzy Schares # of Attachments: SUBJECT: Collective Bargaining Agreements effective 7/1/2012 Submitted by: Suzy Schares, City Clerk Recommended City Council Action: Resolution to approve four (4) year bargaining agreements with Communication Workers of America; International Association of Fire fighters Local No. 66; Municipal Employees Local Union No. 353; Teamsters Local No. 238; and Waterloo Police Protective Association. Summary Statement: The Collective Bargaining Agreements will incorporate the changes that were negotiated in good faith with the respective Unions culminating in a Tentative Agreement that was subsequently ratified by a majority vote of the membership of each respective Union: (Teamsters is voting on ratification 4/16/12) Expenditure Required: varies Source of Funds: Varies according to revenue source. Background Information: Major changes common to all Agreements: 1) An across the board increase for all classifications referenced in the Salary Schedule for each bargaining unit, as follows: July 1, 2012 —1.90% July 1, 2013 — 2.10% July 1, 2014 — 2.90% July 1, 2015 — 3.00% 2) Benefit enhancements in Health Insurance to encourage employees to take preventative measures to promote individual wellness. 3) An increase in employee participation/ contribution to the total monthly premiums, co-insurance, deductible, and out-of-pocket maximums for health insurance coverage, as stated below: July 1 2012 Deductibles Increased to 250/500. Primary Care: $15 Specialist: $30 Contribution Rate: $30 Single and $60 Family. Employees will be responsible for 10% of the premium increase not to exceed $20 per month. July 1, 2013 Deductibles: 300/600 OPM: 600/1200 Primary Care Physician: $15/visit Specialist: $30/visit Generic: $10 Preferred Brand Name: $20 Non -Preferred Brand Name: $50 Contribution Rate: Employees will be responsible for an additional 15% of the premium increase not to exceed $25 per month. July 1 2014 Deductibles: 400/800 OPM: 800/1600 Primary Care Physician: $20/visit Specialist: $40/visit Generic: $10 Preferred Brand Name: $20 Non -Preferred Brand Name: $50 Contribution Rate: Employees will be responsible for an additional 20% of the premium increase not to exceed $25 per month. July 1 2015 Deductibles: 500/1000 OPM: 1000/2000 Primary Care Physician: $20/visit Specialist: $40/visit Generic: $15 Preferred Brand Name: $30 Non -Preferred Brand Name: $60 Contribution Rate: Employees will be responsible for an additional 20% of the premium increase not to exceed $25 per month. **During the term of this agreement, if the premium rates fall below the July 1, 2011 rates, then the employees shall have their contribution reduced by an amount equal to the cost sharing percentage in affect during that contract year, not to exceed the capped amount for the increase. CITY OF WATERLOO, IOWA TENTATIVE AGREEMENT WITH WPPA 1) ARTICLE I — DEFINITIONS (page 8) Change Article 1.07 to read as follows: Term shall be deemed to be a period of time from July 1, 2012, until the 30th day of June 2016, unless otherwise specified in this Agreement. Change Article 1.10 Tour of Duty to read as follows: A tour of duty for employees covered by this agreement shall consist of that eight (8) hour period described below plus the immediate fifteen (15) minutes prior to the beginning of the employee's tour of duty which time shall be used for roll call and briefing: First Shift Patrol & Investigations 7:00 a.m. to 3:00 p.m. Second Shift Patrol & Investigations 3:00 p.m. to 11:00 p.m. Third Shift Patrol 11:00 p.m. to 7:00 a.m. School Resource Officers 7:00 a.m. to 3:00 p.m. Alternate Shift One 12:00 p.m. to 8:00 p.m. Alternate Shift Two 8:00 p.m. to 4:00 a.m. The Department reserves the right to alter the shift times of the School Resource Officers during the school year based on changes in the school schedule. In addition, these shift times apply during the school year and School Resource Officers will be assigned to a basic 8 -hour day shift schedule during the summer months with the beginning of the shift normally scheduled at 7:00 a.m. However, the Department has the right to change, with a seventy-two hour notice to the officers affected, the beginning of the shift to anytime between 7:00 a.m. and 10:00 a.m. Those officers otherwise assigned, who have special assignments within the above listed Divisions, shall have their duty hours assigned prior to being placed in their position and those duty hours shall not be changed without the consent of the officer involved. However, it is recognized by the City and Association that the majority of work assignments other than patrol and normal investigation assignments are usually voluntary rotation assignments and often necessitate flexible hours and a change of the tour of duty with no overtime cost. Failure of the officer to agree to a change of the tour of duty with no overtime cost may be the sole basis for an officer being rotated out of the special assignment. Rev. 01/09/12 Page 1 of 7 Pages The Department and the WPPA agree to the creation of the Alternate Shifts with the tour of duty hours being 12:00 p.m. to 8:00 p.m. for Alternate Shift One and 8:00 p.m. to 4:00 a.m. for Alternate Shift Two. The Department and the WPPA further agree to meet in October of every year to re-evaluate the Alternate Shifts and the tour of duty hours for the Alternate Shifts. After said meeting the Alternate Shifts and any changes shall continue if agreeable by both the Department and the WPPA. 2) ARTICLE V: SALARIES AND SHIFT DIFFERENTIAL (page 12) — Change Article 5.01, first paragraph to read as follows: July 1, 2012— July 1, 2013 — July 1, 2014 — July 1, 2015 — July 1, 2012 —1.9% July 1, 2013 — 2.1% July 1, 2014 — 2.9% July 1, 2015 — 3.0% Sergeants, level 2 and above, increased .25 per hour. Sergeants increased .25 per hour. Sergeants increased .25 per hour. Sergeants increased .25 per hour. July 1, 2013 — Step 25 reduced to 20 years July 1, 2014 — Step 18 reduced to 15 years 3) Amend Article 5.03: Physical Fitness Allotment All employees who successfully complete the annual physical fitness requirements, as set forth by the City and attached to this Agreement in Addendum C, shall receive eight (8) hours twelve (12) hours of compensatory time. This allotment shall be credited to the employee's compensatory time bank during the pay period following the successful completion of the fitness test. An employee on duty related injury or department -approved sick leave shall be afforded an opportunity to pass the annual physical fitness test upon returning to full duty status. 4) Add Section 6.Ola Light duty assignments Officers that are injured in the line of duty and are placed on a light duty assignment by the City shall remain on the shift they were assigned to prior to the injury. This assignment shall only take place if the officer is expected to be on a light duty status for a period of 14 calendar days or less, and/or there is meaningful work for that officer to perforin, or occupational rehabilitation is needed during normal working hours. Adding Addendum F (Temporary Assignment of Alternative Productive Duty for Non -work Related Injuries/Illnesses) 5) ARTICLE VI: HOURS OF WORK (pagel3) — Change the last sentence in Article 6:02 to read as follows: During each eight (8) hour tour of duty, each member shall receive forty-five (45) consecutive minutes for meals and two (2) break periods, each consisting of fifteen (15) consecutive minutes. Meals and break peri ds shall be paid time ff. Meals and break periods shall be paid time off if the employee is available for immediate recall. Employees at out-of-town training or traveling shall not receive paid meals and break periods. - Rev. 01/09/12 Page 2 of 7 Pages 6) ARTICLE VII: OVERTIME AND COMPENSATION FOR COURT APPEARANCE (page 13) — Change 7:06 A, 2"d paragraph to read as follows: If the required appearance is for one (1) hour or less immediately before or after the officer's shift, and on a day the officer is scheduled to work or has worked, the officer shall be entitled to compensation for a minimum of one (1) hour only the actual time spent before or after the shift at the overtime rates of pay as outlined in 7.02(A). 7) Add following paragraph at end of section A For the purposes of figuring court compensation on a 73/74 day scheduled pursuant to 10.02, an employee's 73/74 leave shall start at the end of the employee's last scheduled tour of duty and continue until the employee returns to work for his/her next regularly scheduled tour of duty. 8.04: Trade Time E. Accounting for Trade Time Trade time should be used only when the ordinary ways of obtaining time off are not available. Only sixteen (16) trade time events may be used during each year and may not be accumulated from one year to another. A Trade time of less than three (3) hours in length shall not count towards the sixteen (16) trade time events. For purposes of accounting, only the officer initiating the trade will be debited with one trade time event. No consenting officer may work more than two (2) consecutive trade time events. Trade time will not be used for absence from any scheduled departmental training. 8) 8.05: Working Out of Rank B. Definition For purposes of this section, working out of rank is defined as an Officer working as a Sergeant or a Sergeant working as a Lieutenant when an officer of higher rank is not on -duty. After working out of rank one (1) day, and starting on the second (2nd) day, the Officer shall receive pay at the lowest Sergeant's pay grade and a Sergeant shall receive pay at the lowest current Lieutenant's pay for all hours worked out of rank. 9) 9.03: Recall on Holiday at Overtime Rate Add to the end of the section For the purposes of figuring recall on a 73/74 day scheduled pursuant to 10.02, an employee's 73/74 leave shall start at the end of the employee's last scheduled tour of duty and continue until the employee returns to work for his next regularly scheduled tour of duty. Rev. 01/09/12 Page 3 of 7 Pages 10) Amend section 9.05: Holiday/Unscheduled Leave for Administrative and Staff Officers Except for officers assigned to patrol, investigations, police lab, and special enforcement positions, and training unit officer; administrative and staff officers working a regular tour of duty, Monday through Friday, shall observe the Holidays listed above on the days that the Holidays are observed by the City and City Hall is closed for that observance. In addition, the following shall control work and/or compensation for holidays. 11) 9.06: Unscheduled Leave Pay Out At the end of each calendar year, an employee shall be eligible to receive pay for each hour of unscheduled leave time not used. This pay out will be made at the employee's regular rate up to a maximum of sixty-four (64) hours of pay. For each hour of unscheduled leave time the employee used during the year to cover his/her absence due to non -work-related illness/injury, one (1) hour shall be deducted from the employee's possible pay out. An employee must have at least eight (8) hours of time eligible for pay out remaining in order to receive a pay out. Each employee with remaining unscheduled leave shall designate on or about the first of December of the calendar year which hours will be claimed for pay out and which hours will be claimed as time off to be used on or before March 1. This pay out shall be made on the Friday after the first pay day in da-aru March of the new calendar year. 12) ARTICLE XI — HEALTH INSURANCE (page 22) — change 11.02 to read as follows: July 1 2012 Deductibles Increased to 250/500. Primary Care: $15 Specialist: $30 Contribution Rate: $30 Single and $60 Family. Employees will be responsible for 10% of the premium increase not to exceed $20. July 1, 2013 Deductibles: 300/600 OPM: 600/1200 Primary Care Physician: $15/visit Specialist: $30/visit Generic: $10 Preferred Brand Name: $20 Non -Preferred Brand Name: $50 Contribution Rate: Employees will be responsible for an additional 15% of the premium increase not to exceed $25. Rev. 01/09/12 Page 4 of 7 Pages July 1, 2014 Deductibles: 400/800 OPM: 800/1600 Primary Care Physician: $20/visit Specialist: $40/visit Generic: $10 Preferred Brand Name: $20 Non -Preferred Brand Name: $50 Contribution Rate: Employees will be responsible for an additional 20% of the premium increase not to exceed $25. July 1, 2015 Deductibles: 500/1000 OPM: 1000/2000 Primary Care Physician: $20/visit Specialist: $40/visit Generic: $15 Preferred Brand Name: $30 Non -Preferred Brand Name: $60 Contribution Rate: Employees will be responsible for an additional 20% of the premium increase not to exceed $25. **During the term of this agreement, if the premium rates fall below the July 1, 2011 rates, then the employees shall have their contribution reduced by an amount equal to the cost sharing percentage in affect during that contract year, not to exceed the capped amount for increase. 13) ARTICLE XIII: SICK LEAVE AND DISABILITY (page 29) — Delete Article 13.01 and re -number remaining sections in Article XIII. 13.02: Annual Sick Leave Credit A. Accumulation From and after January 1, 1991, all employees shall be given an annual credit for forty-eight (48) usable sick leave hours. These hours will be placed at the commencement of the calendar year in the Storage Bank. Employees who begin employment after January 1, 1994, shall receive a prorated amount of sick leave calculated at the rate of four (4) hours per full month remaining in the calendar year. Employees shall not be eligible to accrue, utilize, or receive credit for any sick leave benefits while on layoff, long term non -work-related disability leave outlined in 13.03, or an unpaid leave of absence of thirty (30) consecutive calendar days or more. Rev. 01/09/12 Page 5 of 7 Pages 13.05: Use of Sick Leave Credit An employee may claim use of sick leave benefit for any non -work related illness/injury or any illness/injury of a member of the employee's immediate family subject to the limitations set forth herein. An employee using sick leave shall be compensated for the hours claimed as though he/she had worked those hours at his/her regular hourly rate of pay. Sick leave in the storage bank shall not, however, be available for use by the employee until he/she has been absent for three consecutive tours of duty due to non -work-related illness/injury. For the first two (2) consecutive tours of duty, or any portion thereof, absence for non -work-related illness/injury shall be charged against an employee's accumulated leave time in the following order of priority: 1. Unscheduled leave, as provided in 9.04 2. Scheduled leave, as provided in 10.01 3. unpaid leave. The employee must first exhaust unscheduled leave, then scheduled leave, and then s'c'� < ve unpaid leave. at the option of the employee. 13.07: Injury Defined and Exclusion of Duty -Connected Injuries Injury shall be defined as any disablement rendering the employee unable to perform his/her normal and usual occupational duties, as certified by a physician designated by the City. Such disablement need not require confinement to hospital, bed or home. Any absence resulting from a duty -connected injury shall not, in any manner, be charged to an employee's sick leave storage bank. or his/her frozen sick lea^e. In such instances, he/she shall be paid his/her regular base rate of pay. 14) 14.01: Uniforms and Cleaning Allowance for All Employees All uniforms and equipment, as reasonably required for all members of the Association, shall be provided by the City at its sole cost and expense. The City shall pay to each employee, the sum of Five Hundred and Ten Dollars ($510.00) per year for the cleaning of uniforms, maintaining of equipment, shoe allowance and other personal equipment. Payment shall be made on the Friday following the first pay day in Jul} in equal parts following the first payday in September and March. 15) 14.04: Prorated Allowance months an employee will work in the c utract year. For an New employees or employees who works less than 12 months in a contract year due to a non -compensated status, the employee shall receive a prorated cleaning allowance based on the number of complete months that the employee actually works during the contract year. The definition of a completed month is any month where the employee has been compensated for 50% or more of his or her scheduled work days during that month. Any deductions from the clothing allowance shall be made during the regular Rev. 01/09/12 Page 6 of 7 Pages disbursement of the following year clothing allowance or from the final payout of the employee who leaves City employment, with the exception that there shall be no prorating for employees who retire. 16) 16.01: Definition of Immediate Family For the purpose of this Agreement, members of the employee's immediate family shall include an employee's spouse, child, father, mother, brother, sister, step-parent, grandparent, grandchild, son-in-law, daughter-in-law, parent -in-law, brother-in-law, sister-in-law, foster parent, step -child or foster child. An Officer shall receive up to one (1) shift of paid leave to attend the funeral of an aunt, uncle, niece or nephew if the actual day of the funeral occurs on a day the officer is scheduled to work. 17) Delete Section 16.07 Limitations Return to Work which has been attended. 18) 18.03 Insurance Advisory Committee The City of Waterloo agrees to create an Employee Insurance Advisory Committee prior to January 1, 2013, consisting of at least one City of Waterloo employee from the Waterloo Police Protective Association and representatives from the City Administration for the purpose of meeting on at least a quarterly basis to review and advise on the City health care plan. The City further agrees to make available pertinent information as it applies to the cost and funding of the Health Insurance plan to assist the Committee in making recommendations on funding, healthcare benefits and coverage. 19) Add the following as 14.05 Employees will comply with City's mandatory wear ballistic vest policy as outlined in OPERATIONAL GUIDELINE, UNIFORMS, EQUIPMENT AND SUPPLIES, NUMBER 1 and Number 2. Kii7// 2.- Rev. 01/09/12 Page 7 of 7 Pages CITY OF WATERLOO, IOWA AND MUNICIPAL EMPLOYEES LOCAL 353 TENTATIVE AGREEMENT 1) ARTICLE X — WORK WEEK (page 13) Change Article 10.03, first sentence to read as follows: Except as outlined in Article 10:15, the City and Union agree that, in situations involving workweek and/or shift reassignments, the employees involved shall receive prior written notification of at least en ego, unless a shorter period is mutually agreed. 8 hours pay for every week on call 2) ARTICLE XI — WAGE SCHEDULE Si JOB CLASSIFICATION (page 19) July 1, 2012 —1.90% July 1, 2013 — 2.10% July I, 2014 — 2.90% July 1, 2015 — 3.00% 3) Delete Article 17.05 (Language is not consistent with the law). "The City will comply with all federal and state laws regarding military leave." 4) ARTICLE XV — PERSONAL DAYS — Change pay outs to the Friday between the first and second pay dates in September and March. 5) ARTICLE XVIII - INSURANCE (page 31) — Change Article 18.02 to read as follows: July 1 2012 Deductibles Increased to 250/500. Primary Care: $15 Specialist: $30 Contribution Rate: $30 Single and $60 Family. Employees will be responsible for 10% of the premium increase not to exceed $20 per month. July 1, 2013 Deductibles: 300/600 OPM: 600/1200 Primary Care Physician: $15/visit Specialist: $30/visit Generic: $10 Preferred Brand Name: $20 Non -Preferred Brand Name: $50 Revised 03/05/12 Page 1 of 2 Pages Contribution Rate: Employees will be responsible for an additional 15% of the premium increase not to exceed $25 per month. July 1, 2014 Deductibles: 400/800 OPM: 800/1600 Primary Care Physician: $20/visit Specialist: $40/visit Generic: $10 Preferred Brand Name: $20 Non -Preferred Brand Name: $50 Contribution Rate: Employees will be responsible for an additional 20% of the premium increase not to exceed $25 per month. July 1, 2015 Deductibles: 500/1000 OPM: 1000/2000 Primary Care Physician: $20/visit Specialist: $40/visit Generic: $15 Preferred Brand Name: $30 Non -Preferred Brand Name: $60 Contribution Rate: Employees will be responsible for an additional 20% of the premium increase not to exceed $25 per month. **During the term of this agreement, if the premium rates fall below the July 1, 2011 rates, then the employees shall have their contribution reduced by an amount equal to the cost sharing percentage in affect during that contract year, not to exceed the capped amount for the increase. 6) Article 19.01 B(3) — Increase the boot allowance by $25.00 on July 1, 2012 and by $25.00 on July 1, 2013. 7) Section 17.01 B — add niece and nephew to the last sentence and in Section 17.01 A — add step -child. 8) 17.01 I — delete 1 and 2 and replace with the following "The amount of funeral leave specified in paragraph "a" or "b" above shall be designated by the employee but must be consecutive calendar days and include the funeral. Funeral pay will only be allowed on regularly scheduled workdays. h, oughout t contract replace WPFC with Waste Mana:ement Se 'lam ies' Revised 3/05/ Page 2 of 2 Pages TENTATIVE AGREEMENT CITY OF WATERLOO AND TEAMSTERS LOCAL 238 1) ARTICLE X - WORK SCHEDULE (page 15) — Add 2°d paragraph to Article 10.01 to read as follows: For Clerks I and II in the Waterloo Police Department, the normal work week shall be composed of four (4) ten- hour shifts. Time and a half shall be paid for all hours worked in excess of forty (40) hours per week. 2) ARTICLE XI —WAGE SCHEDULE & JOB CLASSIFICATIONs (page 19) — July 1, 2012 — 1.90% July 1, 2013 —2.10% July 1, 2014 — 2.90% July 1, 2015 — 3.00% 3) ARTICLE XIII — HOLIDAYS (page 20) Add new Article 13.07 to read as follows: 13.07 — HOLIDAY PAY FOR CLERKS IN THE POLICE DEPARTMENT Employees eligible for holiday pay during a work week shall receive their normal pay (i.e. 10 hours) for a recognized holiday. Employees will receive no holiday pay if the holiday falls on their normal day off. Normal schedules will not be rotated during the holiday week. OR Maintain Addendum B and eliminate proposal #1, #3, and #8. 4) ARTICLE XIV — VACATION (page 20) - Change reference in Article 14.01 from"Personnel Department" to `Human Resources Department". 5) ARTICLE XV — PERSONAL DAYS — Change payout dates in Article 15.01 to July and March of the fiscal year. 6) ARTICLE XVII — Modify 17.01 to reflect the inclusion of niece and nephew in the category of eight (8) hours for funeral leave. 7) ARTICLE XVIII — INSURANCE (page 33) - Change Article 18.01 to read as follows: July 1 2012 Deductibles Increased to 250/500. Primary Care: $15 Specialist: $30 Contribution Rate: $30 Single and $60 Family. Employees will be responsible for 10% of the premium increase not to exceed $20. July 1, 2013 Deductibles: 300/600 Rev. 11/3/11 Page 1 of 2 OPM: 600/1200 Primary Care Physician: $15/visit Specialist: $30/visit Generic: $10 Preferred Brand Name: $20 Non -Preferred Brand Name: $50 Contribution Rate: Employees will be responsible for an additional 15% of the premium increase not to exceed $25. July 1 2014 Deductibles: 400/800 OPM: 800/1600 Primary Care Physician: $20/visit Specialist: $40/visit Generic: $10 Preferred Brand Name: $20 Non -Preferred Brand Name: $50 Contribution Rate: Employees will be responsible for an additional 20% of the premium increase not to exceed $25. July 1, 2015 Deductibles: 500/1000 OPM: 1000/2000 Primary Care Physician: $20/visit Specialist: $40/visit Generic: $15 Preferred Brand Name: $30 Non -Preferred Brand Name: $60 Contribution Rate: Employees will be responsible for an additional 20% of the premium increase not to exceed $25. **During the term of this agreement, if the premium rates fall below the July 1, 2011 rates, then the employees shall have their contribution reduced by an amount equal to the cost sharing percentage in affect during that contract year, not to exceed the capped amount for increase. 8) ARTICLE XX — MISCELLANEOUS (page 34) — Change Article 20.01 to read as follows: Delete Addendum B (Page 39) Page 2 of 2 TENTATIVE AGREEMENT CITY OF WATERLOO, IOWA And TO IAFF CITY PROPOSALS 1) PURPOSE (page 6) — Change Paragraph D to read as follows: D. To provide that this Agreement shall extend from July 1, 2012 to June 30, 2016 (4 year contract). 2) ARTICLE V — SALARIES (page 9) — July 1, 2012 — 1.90% July 1, 2013 — 2.10% July 1, 2014 — 2.90% July 1, 2015 — 3.00% 3) ARTICLE VI — LONGEVITY (page 12) Modify language consistent with Union's initial proposal. 4) ARTICLE VII — OVERTIME PAY (page 13) — Change Article 7.04 to read as follows: When an employee is requested to perform overtime work in an emergency situation and is held over to perform this work, the City shall pay double time the firefighters's fifty-three (53) hour rate of pay for each hour worked. When an employee must be recalled (call back) to perform emergency work, the employee shall be paid a minimum of two (2) hours double time at the fifty-three (53) hour overtime rate of pay... Change 7.07 B 7.2"a sentence to read as follows: Payment shall be made the Friday between the first and second pay periods in September. 5) 11.01 Definition of Immediate Family For purposes of this Agreement, members of the immediate family shall mean an employee's spouse, child, stepchild, father, mother, brother, sister, stepparent, grandparent, grandchild, son-in-law, daughter-in-law, parent -in-law, brother-in-law, sister-in-law, aunt, uncle, foster parent or foster child. **ADD NIECE AND NEPHEW 6) ARTICLE XII — PERSONAL DAYS (page 23) Change last sentence of Article 12.04 to read as follows: ...Personal Days will generally be paid out the Friday between the first and second pay periods in March. Rev. 01/11/2012 Page 1 of 3 Pages 7) ARTICLE XIII — KELLY DAYS (page 24) Change 2" sentence in Article 13.01 to read as follows: The parties agree that six (6) Kelly Days will be assigned each year to meet FLSA standards. Once the six (6) Kelly days are selected by the employee, if a Kelly Day is moved from the FLSA period, and the employee is then absent for 28 consecutive days during which the Kelly Day was originally scheduled, a reduction of 12 hours of Kelly and 12 hours of sick time shall occur. 8) ARTICLE 16.04 — Military Leave Add the following language: "Employees called to active duty shall be allowed to reserve earned vacation and holiday leave to use upon return from active duty." 9) ARTICLE XVII - INSURANCE (page 29) — Change Article 17.02 to read as follows: Employee Participation/Contribution July 12012 Deductibles Increased to 250/500. Primary Care: $15 Specialist: $30 Contribution Rate: $30 Single and $60 Family Employees will be responsible for 10% of the premium increase not to exceed $20 per month. July 1, 2013 Deductibles: 300/600 OPM: 600/1200 Primary Care Physician: $15/visit Specialist: $30/visit Generic: $10 Preferred Brand Name: $20 Non -Preferred Brand Name: $50 Contribution Rate- Employees will be responsible for an additional 15% of the premium increase not to exceed $25 per month. July 1, 2014 Deductibles: 400/800 OPM: 800/1600 Primary Care Physician: $20/visit Specialist: $40/visit Generic: $10 Preferred Brand Name: $20 Non -Preferred Brand Name: $50 Rev. 01/11/2012 Page 2 of 3 Pages Contribution Rate: Employees will be responsible for an additional 20% of the premium increase not to exceed $25 per month. July 1, 2015 Deductibles: 500/1000 OPM: 1000/2000 Primary Care Physician: $20/visit Specialist: $40/visit Generic: $15 Preferred Brand Name: $30 Non -Preferred Brand Name: $60 Contribution Rate: Employees will be responsible for an additional 20% of the premium increase not to exceed $25 per month. **During the term of this agreement, if the premium rates fall below the July 1, 2011 rates, then the employees shall have their contribution reduced by an amount equal to the cost sharing percentage in affect during that contract year, not to exceed the capped amount for increase. 10) ARTICLE XVIII — UNIFORM ALLOWANCE AND CLEANING (page 30) 18.02 Delete 1St paragraph. In paragraph 2, move payout dates of clothing allowance to September and March. 11) Article 19 — Union Initial Proposal Regarding the Grievance Procedure 12) Insurance Committee The City of Waterloo agrees to create an Employee Insurance Advisory Committee prior to January 1, 2013, consisting of at least one City of Waterloo employee from the International Association of Fire Fighters and representatives from the City Administration for the purpose of meeting on at least a quarterly basis to review and advise on the City health care plan. The City further agrees to make available pertinent information as it applies to the cost and funding of the Health Insurance plan to assist the Committee in making recommendations on funding, healthcare benefits and coverage. Rev. 01/11/2012 )f 01'1 /rr� Page 3 of 3 Pages CITY OF WATERLOO, IOWA TENTATIVE AGREEMENT WITH WPPA 1) ARTICLE I — DEFINITIONS (page 8) Change Article 1.07 to read as follows: Term shall be deemed to be a period of time from July 1, 2012, until the 30th day of June 2016, unless otherwise specified in this Agreement. Change Article 1.10 Tour of Duty to read as follows: A tour of duty for employees covered by this agreement shall consist of that eight (8) hour period described below plus the immediate fifteen (15) minutes prior to the beginning of the employee's tour of duty which time shall be used for roll call and briefing: First Shift Patrol & Investigations 7:00 a.m. to 3:00 p.m. Second Shift Patrol & Investigations 3:00 p.m. to 11:00 p.m. Third Shift Patrol 11:00 p.m. to 7:00 a.m. School Resource Officers 7:00 a.m. to 3:00 p.m. Alternate Shift One 12:00 p.m. to 8:00 p.m. Alternate Shift Two 8:00 p.m. to 4:00 a.m. The Department reserves the right to alter the shift times of the School Resource Officers during the school year based on changes in the school schedule. In addition, these shift times apply during the school year and School Resource Officers will be assigned to a basic 8 -hour day shift schedule during the summer months with the beginning of the shift normally scheduled at 7:00 a.m. However, the Department has the right to change, with a seventy-two hour notice to the officers affected, the beginning of the shift to anytime between 7:00 a.m. and 10:00 a.m. Those officers otherwise assigned, who have special assignments within the above listed Divisions, shall have their duty hours assigned prior to being placed in their position and those duty hours shall not be changed without the consent of the officer involved. However, it is recognized by the City and Association that the majority of work assignments other than patrol and normal investigation assignments are usually voluntary rotation assignments and often necessitate flexible hours and a change of the tour of duty with no overtime cost. Failure of the officer to agree to a change of the tour of duty with no overtime cost may be the sole basis for an officer being rotated out of the special assignment. Rev. 01/09/12 Page 1 of 7 Pages The Department and the WPPA agree to the creation of the Alternate Shifts with the tour of duty hours being 12:00 p.m. to 8:00 p.m. for Alternate Shift One and 8:00 p.m. to 4:00 a.m. for Alternate Shift Two. The Department and the WPPA further agree to meet in October of every year to re-evaluate the Alternate Shifts and the tour of duty hours for the Alternate Shifts After said meeting the Alternate Shifts and any changes shall continue if agreeable by both the Department and the WPPA. 2) ARTICLE V: SALARIES AND SHIFT DIFFERENTIAL (page 12) — Change Article 5.01, first paragraph to read as follows: July 1, 2012 July 1, 2013 July 1, 2014 July 1, 2015 — July 1, 2012 — 1.9% July 1,2013-2.1% July 1, 2014 — 2.9% July 1,2015-3.0% — Sergeants, level 2 and above, increased .25 per hour. — Sergeants increased .25 per hour. — Sergeants increased .25 per hour. Sergeants increased .25 per hour. July 1, 2013 — Step 25 reduced to 20 years July 1, 2014 — Step 18 reduced to 15 years 3) Amend Article 5.03: Physical Fitness Allotment All employees who successfully complete the annual physical fitness requirements, as set forth by the City and attached to this Agreement in Addendum C, shall receive eight (8) hours twelve (12) hours of compensatory time This allotment shall be credited to the employee's compensatory time bank during the pay period following the successful completion of the fitness test. An employee on duty related injury or department -approved sick leave shall be afforded an opportunity to pass the annual physical fitness test upon returning to full duty status. 4) Add Section 6.01a Light duty assignments Officers that are injured in the line of duty and are placed on a light duty assignment by the City shall remain on the shift they were assigned to prior to the injury. This assignment shall only take place if the officer is expected to be on a light duty status for a period of 14 calendar days or less, and/or there is meaningful work for that officer to perform, or occupational rehabilitation is needed during norrual working hours. Adding Addendum F (Temporary Assignment of Alternative Productive Duty for Non -work Related Injuries/Illnesses) 5) ARTICLE VI: HOURS OF WORK (pagel3) — Change the last sentence in Article 6:02 to read as follows: During each eight (8) hour tour of duty, each member shall receive forty-five (45) consecutive minutes for meals and two (2) break periods, each consisting of fifteen (15) consecutive minutes. Meals and . Meals and break periods shall be paid time off if the employee is available for immediate recall Employees at out-of-town training or traveling shall not receive paid meals and break periods. Rev. 01/09/12 Page 2 of 7 Pages 6) ARTICLE VII: OVERTIME AND COMPENSATION FOR COURT APPEARANCE (page 13) — Change 7:06 A, ?' paragraph to read as follows: 7) If the required appearance is for one (1) hour or less immediately before or after the officer's shift, and on a day the officer is scheduled to work or has worked, the officer shall be entitled to compensation for a minimum of one (1) hour only the actual time spent before or after the shift at the overtime rates of pay as outlined in 7.02(A). Add following paragraph at end of section A For the purposes of figuring court compensation on a 73/74 day scheduled pursuant to 10.02, an employee's 73/74 leave shall start at the end of the employee's last scheduled tour of duty and continue until the employee returns to work for his/her next regularly scheduled tour of duty. 8.09: Trade Time E. Accounting for Trade Time Trade time should be used only when the ordinary ways of obtaining time off are not available. Only sixteen (16) trade time events may be used during each year and may not be accumulated from one year to another. A Trade time of less than three (3) hours in length shall not count towards the sixteen (16) trade time events. For purposes of accounting, only the officer initiating the trade will be debited with one trade time event. No consenting officer may work more than two (2) consecutive trade time events. Trade time will not be used for absence from any scheduled departmental training 8) 8.05: Working Out of Rank B. Definition For purposes of this section, working out of rank is defined as an Officer working as a Sergeant or a Sergeant working as a Lieutenant when an officer of higher rank is not on -duty. After working out of rank one (1) day, and starting on the second (2nd) day, the Officer shall receive pay at the lowest Sergeant's pay grade and a Sergeant shall receive pay at the lowest current Lieutenant's pay for all hours worked out of rank. 9) 9.03: Recall on Holiday at Overtime Rate Add to the end of the section For the purposes of figuring recall on a 73/74 day scheduled pursuant to 10.02, an employee's 73/74 leave shall start at the end of the employee's last scheduled tour of duty and continue until the employee returns to work for his next regularly scheduled tour of duty. Rev. 01/09/12 Page 3 of 7 Pages 10) Amend section 9.05: Holiday/Unscheduled Leave for Administrative and Staff Officers Except for officers assigned to patrol, investigations, police lab, aad special enforcement positions, and training unit officer; administrative and staff officers working a regular tour of duty, Monday through Friday, shall observe the Holidays listed above on the days that the Holidays are observed by the City and City Hall is closed for that observance. In addition, the following shall control work and/or compensation for holidays. 11) 9.06: Unscheduled Leave Pay Out At the end of each calendar year, an employee shall be eligible to receive pay for each hour of unscheduled leave time not used. This pay out will be made at the employee's regular rate up to a maximum of sixty-four (64) hours of pay." For each hour of unscheduled leave time the employee used during the year to cover his/her absence due to non -work-related illness/injury, one (1) hour shall be deducted from the employee's possible pay out. An employee must have at least eight (8) hours of time eligible for pay out remaining in order to receive a pay out. Each employee with remaining unscheduled leave shall designate on or about the first of December of the calendar year which hours will be claimed for pay out and which hours will be claimed as time off to be used on or before March 1. This pay out shall be made on the Friday after the first pay day in January March of the new calendar year. 12) ARTICLE XI — HEALTH INSURANCE (page 22) — change 11.02 to read as follows: July 1 2012 Deductibles Increased to 250/500. Primary Care: $15 Specialist: $30 Contribution Rate: $30 Single and $60 Family. Employees will be responsible for 10% of the premium increase not to exceed $20. July 1, 2013 Deductibles: 300/600 OPM: 600/1200 Primary Care Physician: $15/visit Specialist $30/visit Generic: $10 Preferred Brand Name: $20 Non -Preferred Brand Name: $50 Contribution Rate• Employees will be responsible for an additional 15% of the premium increase not to exceed $25. Rev. 01/09/12 Page 4 of 7 Pages July 1, 2014 Deductibles: 400/800 OPM: 800/1600 Primary Care Physician: $20/visit Specialist: $40/visit Generic: $10 Preferred Brand Name: $20 Non -Preferred Brand Name: $50 Contribution Rate: Employees will be responsible for an additional 20% of the premium increase not to exceed $25. Judy 1, 2015 Deductibles: 500/1000 OPM: 1000/2000 Primary Care Physician: $20/visit Specialist: $40/visit Generic: $15 Preferred Brand Name: $30 Non -Preferred Brand Name: $60 Contribution Rate: Employees will be responsible for an additional 20% of the premium increase not to exceed $25. **During the term of this agreement, if the premium rates fall below the July 1, 2011 rates, then the employees shall have their contribution reduced by an amount equal to the cost sharing percentage in affect during that contract year, not to exceed the capped amount for increase. 13) ARTICLE XIII: SICK LEAVE AND DISABILITY (page 29) — Delete Article 13.01 and re -number remaining sections in Article XIII. 13.02: Annual Sick Leave Credit A. Accumulation , all employees shall be given an annual credit for forty-eight (48) usable sick leave hours. These hours will be placed at the commencement of the calendar year in the Storage Bank. Employees who begin employment after January 1, 1994, shall receive a prorated amount of sick leave calculated at the rate of four (4) hours per full month remaining in the calendar year. Employees shall not be eligible to accrue, utilize, or receive credit for any sick leave benefits while on layoff, long term non -work-related disability leave outlined in 13.03, or an unpaid leave of absence of thirty (30) consecutive calendar days or more. Rev. 01/09/12 II Page 5 of 7 Pages 13.05: Use of Sick Leave Credit An employee may claim use of sick leave benefit for any non -work related illness/injury or any illness/injury of a member of the employee's immediate family subject to the limitations set forth herein. An employee using sick leave shall be compensated for the hours claimed as though he/she had worked those hours at his/her regular hourly rate of pay. Sick leave in the storage bank shall not, however, be available for use by the employee until he/she has been absent for three consecutive tours of duty due to non -work-related illness/injury. For the first two (2) consecutive tours of duty, or any portion thereof, absence for non -work-related illness/injury shall be charged against an employee's accumulated leave time in the following order of priority: 1. Unscheduled leave, as provided in 9.04 2. Scheduled leave, as provided in 10.01 3. unpaid leave. The employee must first exhaust unscheduled leave, then scheduled leave, and then siek-leave unpaid leave. . 13.07: Injury Defined and Exclusion of Duty -Connected Injuries Injury shall be defined as any disablement rendering the employee unable to perform his/her normal and usual occupational duties, as certified by a physician designated by the City. Such disablement need not require confinement to hospital, bed or home. Any absence resulting from a duty -connected injury shall not, in any manner, be charged to an employee's sick leave storage bank.: :. - :. - - . -. In such instances, he/she shall be paid his/her regular base rate of pay. 14) 14.01: Uniforms and Cleaning Allowance for All Employees All uniforms and equipment, as reasonably required for all members of the Association, shall be provided by the City at its sole cost and expense. The City shall pay to each employee, the sum of Five Hundred and Ten Dollars ($510.00) per year for the cleaning of uniforms, maintaining of equipment, shoe allowance and other personal equipment. Payment shall be made :. in equal parts following the first payday in September and March. 15) 14.04: Prorated Allowance months an employee will work in the contract year. For an New employees or employees who works less than 12 months in a contract year due to a non -compensated status, the employee shall receive a prorated cleaning allowance based on the number of complete months that the employee actually works during the contract year. The definition of a completed month is any month where the employee has been compensated for 50% or more of his or her scheduled work days during that month. Any deductions from the clothing allowance shall be made during the regular Rev. 01/09/12 Page 6 of 7 Pages disbursement of the following year clothing allowance or from the final payout of the employee who leaves City employment, with the exception that there shall be no prorating for employees who retire. 16) 16.01: Definition of Immediate Family For the purpose of this Agreement, members of the employee's immediate family shall include an employee's spouse, child, father, mother, brother, sister, step-parent, grandparent, grandchild, son-in-law, daughter-in-law, parent -in-law, brother-in-law, sister-in-law, foster parent, step -child or foster child. An Officer shall receive up to one (1) shift of paid leave to attend the funeral of an aunt, uncle, niece or nephew if the actual day of the funeral occurs on a day the officer is scheduled to work. 17) Delete Section 16.07 Limitations Return to Work 18) 18.03 Insurance Advisory Committee The City of Waterloo agrees to create an Employee Insurance Advisory Committee prior to January 1, 2013, consisting of at least one City of Waterloo employee from the Waterloo Police Protective Association and representatives from the City Administration for the purpose of meeting on at least a quarterly basis to review and advise on the City health care plan. The City further agrees to make available pertinent information as it applies to the cost and funding of the Health Insurance plan to assist the Committee in making recommendations on funding, healthcare benefits and coverage. 19) Add the following as 14.05 Employees will comply with City's mandatory wear ballistic vest policy as outlined in OPERATIONAL GUIDELINE, UNIFORMS, EQUIPMENT AND SUPPLIES, NUMBER 1 and Number 2. ////2--- Rev. 01/09/12 Page 7 of 7 Pages Mayor BUCK CLARK COUNCIL MEMBERS ................ DAVID JONES Ward 1 CAROLYN COLE Ward 2 HAROLD GETTY Ward 3 QUENTIN HART Ward 4 RON WELPER Ward 5 CITY OF WATERLOO, IOWA COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street . Waterloo, Iowa 50703-5783 . (319) 291-4366 Fax (319) 291-4262 NOEL C. ANDERSON, Community Planning & Development Director Council Communication City Council Meeting: April 16, 2012 1/17 Prepared: April 23, 201 Dept. Head Signature: o� (�l # of Attachments: 1-haio 41�3/2612— SUBJECT: Request to preliminarily approve plans, specifications, form of contract, etc., set a date of public hearing, and publish an official notice pertinent to the taking of bids and request to receive and open the proposals for the Request for Proposal for Demolition and Site Clearance Services (no regulated asbestos -containing materials) for 820 and 910 Sycamore Streets and 1518 W 4th Street. Submitted by: Noel Anderson, Community Planning & Development Director Recommended City Council Action: Preliminary approval of the plans, specifications, forms of contract, etc. and set a date of hearing and bid opening April 23, 2012. Summary Statement: The properties located at 910 and 820 Sycamore Streets properties are located in the area where six twelve plex apartment buildings well be constructed. The asbestos abatement has begun and should be done by the end of April. Staff is now preparing for demolition of the structures. BOB Expenditure Required: To be determined GREENWOOD At -Large STEVE SCHMITT At -Large Source of Funds: The demolition activities of this site will be undertaken by the City of Waterloo using G.O. funds, for nuisance abatement. Policy Issue: New residential housing Alternative: N/A Background Information: The properties located at 910 and 820 Sycamore Streets where purchased for residential development in approximately 2001. However, that development did not occur and the city now has a new developer that will build 6 twelve -unit apartment buildings. The house at 1518 W. 4th was acquired through Iowa Code 657 A. cc: Noel Anderson, Community Planning 6r Development Director Aric Schroeder, City Planner CITY WEBSITE: wwwci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Mayor BUCK CLARK COUNCIL MEMBERS DAVID JONES Ward 1 CAROLYN COLE Ward 2 HAROLD GETTY Ward 3 QUENTIN M. HART Ward 4 RON WELPER Ward 5 BOB GREENWOOD At -Large STEVE SCHMITT At -Large CITY OF WATERLOO5 IOWA HUMAN RESOURCES DEPARTMENT 620 Mulberry Street • Waterloo, IA 50703 • (319) 291-4303 Fax (319) 291-4559 April 13, 2012 TO: Honorable Mayor & City Council We, the members of the Civil Service Commission, certify the following list of applicants, who are eligible, based upon the examination process as set forth by the Civil Service Commission for the appointment to the position of Property/Evidence Coordinator for the City of Waterloo, Iowa Police Department. Appointment(s) shall be made from this list for the next year (April 13, 2012 — April 12, 2013). Respectfully submitted, Tim Luce CERTIFIED LIST David Boesen Marc Rath Steven Schumburg David Kelly Jeffrey Jackson Deb Rosol Howard Tucker Edmund Adams Karla Altenbaumer y,3 Date ✓ ohn Blitsch l ate Bonetta Culp CS LIST POLICE PROPERTY -EVIDENCE COORDINATOR 12 Date CITY WEBSITE: www.cityofwaterlooiowa.com WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Mayor BUCK CLARK COUNCIL MEMBERS DAVID JONES Ward I CAROLYN COLE Ward 2 HAROLD GETTY Ward 3 QUENTIN M. HART Ward 4 RON WELPER Ward 5 BOB GREENWOOD At -Large STEVE SCHMITT At -Large CITY OF WATERLOO, IOWA HUMAN RESOURCES DEPARTMENT 620 Mulberry Street • Waterloo, IA 50703 • (319) 291-4303 Fax (319) 291-4569 April 13, 2012 TO: Honorable Mayor & City Council We, the members of the Civil Service Commission, certify the following list of applicants, who are eligible, based upon the examination process as set forth by the Civil Service Commission for the appointment to the position of Development/Marketing Manager for the City of Waterloo, Iowa Culture & Arts Department. Appointment(s) shall be made from this list for the next year (April 13, 2012 — April 12, 2013). CERTIFIED LIST Laura Stammler Jori Wade -Booth Emily Saveraid Keanna Smith Respectfully submitted, Tim Luce Date Bonetta Culp CS LIST DEVELOPMENT -MARKETING MANAGER 12 John Blitsch Date CITY WEBSITE: www.cityofwaterlooiowa.com ate WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Mayor BUCK CLARK COUNCIL MEMBERS DAVID JONES Ward 1 CAROLYN COLE Ward 2 HAROLD GETTY Ward 3 QUENTIN M. HART Ward 4 120N WELPER Ward 5 BOB GREENWOOD Al -Large STEVE SCHMITT At -Large CITY OF WATERLOOv IOWA HUMAN RESOURCES DEPARTMENT 620 Mulberry Street • Waterloo, IA 50703 • (319) 291-4303 Fax (319) 291-4569 April 13, 2012 TO: Honorable Mayor & City Council We, the members of the Civil Service Commission, certify the following list of applicants, who are eligible, based upon the examination process as set forth by the Civil Service Commission for the appointment to the position of Clerk I for the City of Waterloo, Iowa. Appointment(s) shall be made from this list for the next year (April 13, 2012 — April 12, 2013). CERTIFIED LIST Jolene Downs Shelly Kruger Emily Pearce Jamie Gienau Nancy Culpepper Melissa Nicholson Kristi Osborne Francine Williams Carol Carey Renee Conkling Beth Johnson The reserve list shall be held in reserve and must be certified within the first year in order to be utilized. RESERVE IIST Julie Johnson Patricia Mitchell Laura Wilminger Jennifer Quigley Pamela Hinders Darla Stuber Pamela Wright Arnell Burch Jennifer Hild Angela Simerson Respectfully submitted, Tim Luce CS LIST CLERIC 112 /0142 Date olm Blitsch ate Bonetta Culp Date CITY WEBSITE: www.cityofwaterlooiowa.com WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Mayor BUCK CLARK COUNCIL MEMBERS DAVID JONES Ward I CAROLYN COLE Ward 2 HAROLD GETTY Ward 3 QUENTIN M. HART Ward 4 1ZON WELPER Ward 5 BOB GREENWOOD At -Large STEVE SCHMITT At -Large CITY OF WATERLOO, IOWA HUMAN RESOURCES DEPARTMENT 620 Mulberry Street • Waterloo, IA 50703 • (319) 291-4303 Fax (319) 291-4569 April 13, 2012 TO: Honorable Mayor & City Council We, the members of the Civil Service Commission, certify the following list of applicants, who are eligible, based upon the examination process as set forth by the Civil Service Commission for the appointment to the position of Property Safety Inspector for the City of Waterloo, Iowa Building Inspections Department. Appointment(s) shall be made from this list for the next two years (April 13, 2012 — April 12, 2014). CFRTTFTFI) T,TST Jeff Siebel Paul Hansen Respectfully submitted, �� v> • y_,3- /Z •- 4/1 /3/� Tim Luce Date Jo Blitsch at C, 4 Bonetta Culp Date CS LIST PROPERTY SAFETY INSPECTOR 12 CITY WEBSITE: www.cityofwaterlooiowa.com WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Mayor BUCK CLARK COUNCIL MEMBERS DAVID JONES Ward I CAROLYN COLE Ward 2 HAROLD GETTY Ward 3 QiUENTIN M. HART Ward 4 RON WELTER Ward 5 BOB GREENWOOD At -Large STEVE SCHMITr At -Large CITY OF =ATERLOO, IOWA HUMAN RESOURCES DEPARTMENT 620 Mulberry Street • Waterloo, IA 50703 • (319) 291-4303. Fax (319) 291-4569 April 13, 2012 The City of Waterloo Civil Service Laws adopted October 20, 1983, and approved by the Waterloo City Council on November 14, 1983, allow under Chapter IV, Section 2c for the Mayor and the department head to recommend the approval of a promotional eligibility list of less than three individuals. We are recommending the Civil Service Commission certify a promotional list of two for Property Safety Inspector for Building Inspections. Ernest Clark, Mayor Craig Clark, Building Official/Maintenance Administrator CITY WEBSITE: www.cityofwaterlooiowa.com WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Mayor BUCK CLARK COUNCIL MEMBERS DAVID JONES Ward I CAROLYN COLE Ward 2 HAROLD GETTY Ward 3 QUENTIN M. HART Ward 4 RON WELPER Ward 5 BOB GREENWOOD At -Large STEVE SCHMITL At -Large CITY OF WATERLOO, IOWA HUMAN RESOURCES DEPARTMENT 620 Mulberry Street • Waterloo, IA 50703 • (319) 291-4303 Fax (319) 291-4569 April 13, 2012 TO: Honorable Mayor & City Council We, the members of the Civil Service Commission, certify the following list of applicants, who are eligible, based upon the examination process as set forth by the Civil Service Commission for the appointment to the position of Financial Analyst for the City of Waterloo, Iowa Finance Department. Appointment(s) shall be made from this list for the next year (April 13, 2012 — April 12, 2013). Respectfully submitted, CERTIFIED I EST Tamara Okland Brent Bohlen 1-73 IL Date John Blitsch Bonetta Culp CS LIST FINANCIAL ANALYST 12 Date CITY WEBSITE: www.cityofwaterlooiowa.com ate WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Mayor BUCK CLARK COUNCIL MEMBERS DAVID JONES Ward 1 CAROLYN COLE Ward 2 HAROLD GETTY Ward 3 QUENTIN M. HART Ward 4 RON W ELPF,R Ward 5 BOB GREENWOOD At -Large STEVE SCHMITT At -Large CITY OF WATERLOOS IOWA HUMAN RESOURCES DEPARTMENT 620 Mulberry Street • Waterloo, IA 50703 • (319) 291-4303 Fax (319) 291-4569 April 13, 2012 TO: Ionorable Mayor & City Council We, the members of the Civil Service Commission, certify the following list of applicants, who are eligible, based upon the examination process as set forth by the Civil Service Commission for the appointment to the position of Fire Captain City of Waterloo, Iowa Fire Rescue Depaifluent. Appointment(s) shall be made from this list for the next two years (April 13, 2012 — April 12, 2014). Respectfully submitted, CS LIST FIRE CAPTAIN 12 CERTIFIED I1ST Carl Renninger Bill Harter Ryan Mahood Gary Ciddio Kevin Lee Doug Dahlhauser Date zia Bonetta Culp ohn Blitsch Date CITY WEBSITE: www.cityofwaterlooiowa.com Date WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Mayor BUCK CLARK COUNCIL MEMBERS DAVID JONES Ward I CAROLYN COLE Ward 2 HAROLD GETTY Ward 3 QUENPIN M. HART Ward 4 RON WELPER Ward 5 BOB GREENWOOD At -Large STEVE SCUM ITC AI -Large CITY OF WATERLOO, IOWA HUMAN RESOURCES DEPARTMENT 620 Mulberry Street • Waterloo, IA 50703 • (319) 291-4303 Fax (319) 291-4569 April 13, 2012 TO: Honorable Mayor & City Council We, the members of the Civil Service Commission, certify the following list of applicants, who are eligible, based upon the examination process as set forth by the Civil Service Commission for the appointment to the position of Human Resources Specialist for the City of Waterloo, Iowa Human Resources Department. Appointment(s) shall be made from this list for the next year (April 13, 2012 - April 12, 2013). Respectfully submitted, Tin Luce CF,RTIFWFA I ,TST Nicole Fischels Keaghan Brunscheon Shelly Kruger Emily Hodgin YC i3 -icer.% Date (,John Blitsch Bonetta Culp CS LIST HUMAN RESOURCES SPECIALIST 12 Date CITY WREST It: www,cityofwaterlooiowa-com 3 i9 ate WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer