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HomeMy WebLinkAbout04/07/2014NOEL ANDERSON From: NOEL ANDERSON Sent: Monday, April 07, 2014 4:46 PM To: COUNCIL MEMBERS; TOM LIND (TOMLINDCITYCOUNCIL@GMAIL.COM) Cc: MAYOR CLARK; SUZY SCHARES Subject: Development Agreements Importance: High Tom, Council Members --- Councilman Lind had asked for the last 5 Development Agreements in each class of use: Notes- the City of Waterloo Economic Development Plan notes the differing incentive packages available for each TIF District. They basic setup is the any project can get free land OR 5 years at 50% tax rebates. A project worth over $1,000,000 in new taxable value can get free land AND 5 years at 50% tax rebates. The Downtown, Logan, and Rath areas are urban renewal TIF Districts working to eliminate blight throughout the districts. Thus, the incentives available are more flexible based on many previously developed sites, going up to 10 years at 100% tax rebates. The Downtown area had typically given 5 years at 100% rebates for years on rehabilitations, and 10 years at 100% for new construction. The ideals were changed in recent conversations for projects to get some funding going through TIF for more immediate improvements needed in district, to go with a basis of 10 years at 50% versus a 5 years at 100% type setup. The MidPort TIF District is also an urban renewal TIF District, with many older areas of town within it, but also with some vacant land for development. The Con Agra Pudding Plant was incentivized for a 20 year tax abatement for Phase I and a 20 year tax rebate schedule for Phase II — as the project involved over $40 million in investment for each phase by the company, and over $12 million in new taxable value per phase. The San Marnan, Northeast, and Martin are TIF Districts put in place for developing industrial and business park settings. Generally giving 1 acre of land for every 10,000 sq. ft. of new building, plus 5 years at 50% tax rebates if over $1 million. The City did give 10 years at 50% tax rebates for the Ferguson Project, as it was a $22 million new taxable value project. The Crossroads area was put in place recently, with the least amount of incentives at 1 year of tax rebates for every new $1 million in taxable value, to promote retail development. In cases where the City owns the land, the land is deeded of $1.00. In cases where the land is privately owned, the City either funds acquisition of land to company, or company buys and is given rebates equal to the purchase of the land over several years of tax rebates (i.e. "equivalent of free land"). The past 5 proiects.....: Industrial Cedar Valley Warehouse — 50000 SF bldg. (free land, 5 years at 50% tax rebates — 50,000 sq. ft.; $1.2 million industrial project) Koelker Properties, LLC —10000 SF bldg. (free land —10,000 sq. ft.; $352,000 industrial project) MMC Properties— Bradford —10000 SF bldg. (free land —10,000 sq. ft.; $360,370 industrial project) Disdarevic — Marnie Ave. bldg. (equivalent of free land — 6,000 sq. ft.; $328,000 industrial project) 1 Tournier— Wagner Road building (free land —11,600 sq. ft.; $628,310 industrial project) Commercial Crossingpoint Plaza — Ben Stroh (10 years at 50% tax rebates — 90,000 sq. ft. rehabilitation, $6.3 million retail project) CVS -Highway 63 and Franklin (vacated land conveyed for $1.00, 6 years at 100% 15,000 sq. ft.; $1.5 million retail project) Fairfield Inn (8 years at 50% tax rebates — 81 room, multi -story hotel; $2.65 million hotel project) Logan Subway — (6 years at 100% tax rebates — 5,800 sq. ft.; $1 million retail project) Rappaport Strip Mall - (6 years at 100% tax rebates — 7,500 sq. ft.; $1.1 million retail project) Residential Dolly James — Sycamore St Condos (free land, City had to demolish buildings ($70,000 expense), 10 years at 100% tax rebates -6 twelve unit condominium buildings; $6 million residential project) John Rooff — East 3rd and Lafayette(free land, 10 years at 50% tax rebates — 6 brownstone residential units; $840,000 million residential project) John Rooff— Francis Grout Site(CURA — 8 new single family homes; $1.2 million residential project) John Rooff— East 8th St houses(CURA - 5 new single family homes; $750,000 residential project) Sunnyside South — Sale of part of San Marnan(free land, CLURA eligible, — 22 new single family lots created — $1.6 million spent by contractor to move road, estimated $8.8 million residential project to follow) Please let me know if any additional information is requested. -Noel 2 Amended Council Agenda Items Council Meeting Monday, April 7, 2014 MEND Amend Supplemental total amount from $134,257.00 to $671,285.00. 11. Resolution approving Supplemental Agreement No. 4 with Ament, Inc. of Waterloo, Iowa, in the amount of $671,285.00, in conjunction with additional plan development services for the F.Y. 2014 Kimball Avenue Transportation Improvements, Contract No. 843; and authorize Mayor to execute said document. Submitted by Jeff Bales, Associate Engineer Amend resolution to include set the date of public hearing as May 12, 2014. 18. Resolution approving request to set the date of public hearing as May 12, 2014 to approve certain actions with respect to the Virden Creek Drainage Improvement Project, to establish the amount of just compensation for certain property interests to be acquired for project purposes, and to authorize the use of condemnation procedures for acquisition of said property interests in furtherance of the project objectives. Submitted by Noel Anderson, Community Planning and Development Director Motion to table the third reading of amendment to ordinance. 20. Amending the City Code of Ordinance, Title 6 Motor Vehicles and Traffic, Chapter 1 Traffic Code, by adding Section 6-1-4 City Infractions Ticket. Motion to receive, file, consider, and pass for the third time and adopt an Ordinance amending the City Code of Ordinance, Title 6 Motor Vehicles and Traffic, Chapter 1 Traffic Code, by adding Section 6-1-4 City Infractions Ticket. Submitted by Dan Trelka, Director of Safety Services Cake-- K j„ 3,_\N rvu THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, REGULAR SESSION TO BE HELD AT THE WATERLOO CENTER OF THE ARTS, LAW COURT THEATER, 5:30 P.M. MONDAY, APRIL 7, 2014 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. At the chair/presider's discretion, you may address an item on the current agenda by stepping to the podium, and after recognition by the chair/presider, state your name, address and group affiliation (if appropriate) and speak clearly into the microphone. 2. You may speak one (1) time per item for a maximum of three (3) minutes. 3. If there is a hearing scheduled as part of an agenda item, the chair/presider will allow everyone who wishes to address the council, using the same participation guidelines found in these "general rules". 4. Although not required by city code of ordinances, oral presentations may be allowed at the chair/presider's (usually the Mayor or Mayor Pro Tem) discretion. The "oral presentations" section of the agenda is your opportunity to address items not on the agenda. A speaker may speak to one (1) issue per meeting for a maximum of three (3) minutes. Official action cannot be taken by the Council at that time, but may be placed on a future agenda or referred to the appropriate department. 5. Keep comments germane and refrain from personal, impertinent or slanderous remarks. 6. Questions concerning these rules or any agenda item may be directed to the Clerk's Office at 291-4323. 7. Citizens are encouraged to register with the Clerk's Office by 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. April 7, 2014 Roll Call. Moment of Silence. Pledge of Allegiance: Tom Lind, Council Member at Large. Agenda, as proposed or amended. Minutes of March 24, 2014, Regular Session, as proposed. Proclamation declaring April 8, 2014 as "Equal Pay Day". Proclamation declaring April 2014 as "Sexual Assault Awareness Month". Page 2 Proclamation declaring April 6-12, 2014 as "National Crime Victims' Rights Week". Recognition of Tim Kuhlmann 2014 Team Member of the Month - April. Presentation by Tammy Turner, Waste Trac Recycling Educator with Black Hawk County Solid Waste Management Commission, on the Electronics & Household Hazardous Materials Drop-off Event to be held on Saturday, April 12, 2014. 1. Consent Agenda: (The following items will be acted upon by voice vote on a single motion without separate discussion, unless someone from the council or public requests that a specific item be considered separately.) a. Resolution to approve the following: 1. Bills Payment, Finance Committee Invoice Summary Report, a copy of which is on file in the office of the City Clerk. 2. Request of Waterloo Warriors Hockey to hold 5K Walk/ Run event to be held on Saturday, April 12, 2014 at 9:00 a.m. with the route to start at Young Arena (approved by Leisure Services) using River Road from West Mullan to Conger/ Westfield, together with approval of Director of Safety Services. Submitted by Joe Leibold, Captain of Police 3. Request of George Marshall (Harvest Vineyard Church) for a variance to the Noise Ordinance on June 1st & 15th, July 6th & 20th, August 17th, September 7th & 21st, and October 5th, 2014 from 9:00 a.m. to 1:00 p.m. in conjunction with Sunday Picnic event to be held at Lincoln Park including the use of a PA system, together with recommendation of approval of Director of Safety Services. Submitted by Joe L eibold, Captain of Police Services April 7, 2014 4. Request of Dale Hixson of the Waterloo Memorial Day Board, to hold Memorial Day Parade and Services on May 26, 2014 starting 9:30 a.m., with the route to start at Commercial Street and 5th Street, west along Commercial Street, turn north on Park Avenue, turn east on Mulberry Street, turn south on 5th Street and end at Veterans Memorial Hall located on the corner of West 5th Street and Cedar Street. Submitted by Joe Leibold, Captain of Police Services 5. Request of Kittrell Elementary School to hold 5K Walk/ Run event to be held at Kittrell Elementary school on Saturday, May 3, 2014 from 9:00 a.m. to 11:00 a.m. with the route to start and end at Kittrell Elementary School, together with approval of Director of Safety Services. Submitted by Joe Leibold, Captain of Police Services Page 3 6. Request of Gazim Rekic for tax exemptions for the construction of a new single family dwelling valued at $222,800.00 located at 639 E. San Marnan Drive and located in the City Limits Urban Revitalization Area (CLURA). Submitted by Noel Anderson, Community Planning & Development Director b. Motion to approve the following: 1. 2. Travel Requests Amount Name 86 Title of Personnel Class/ Meeting Destination Date(s) not to exceed Officer Bram Hazardous Device Huntsville, 05/ 11/ 14- $200.00 School AL 05/ 17/ 14 Officer Saunders Midwest Cycle Urbana, IL 05/20/ 14- $413.00 Intelligence 05/22/ 14 Conference 3. Recommendation of appointment of Travis Ross to the position of Waste Services Technician, from the current Civil Service List, effective April 8, 2014 pending completion of pre-employment physical. 4. Recommendation of appointment of Julie Koch -Roth to the Leisure Services Commission with term expiration of March 1, 2017. Submitted by Mayor Buck Clark April 7, 2014 5. 6. 7. 8. 9. 10. 11. Page 4 Approved Beer, Liquor, and Wine Applications Name & Address of Business Class New or Renewal Expiration Date Includes Sunday Veterans of Foreign Wars Club Post #1623 1406 Commercial St. Class A Liquor & Outdoor Sales Renewal 01/ 14/ 15 X S.A.C.'sNeighborhood Pub 2000 Hawthorne Ave. Class C Liquor Renewal 01/31/15 X Cedar Valley Fish Market, Inc. 218 Division St. Class B Beer Renewal 01/25/ 15 Amalgamated Local 838 UAW 2615 Washington St. Class C Liquor Renewal 02/28/ 15 Babes Tap 210 Division St. Class C Liquor Renewal 03/ 14/ 15 X Five Sullivan Bros. Convention Center 200 W. 4th St. Class C Liquor, Class B Wine Renewal 04/30/ 14 X The Cocktail Lounge 521 Dane St. Class C Liquor New 6 Month 04/ 06/ 14- 10/ 06/ 14 X 12. Bonds PUBLIC HEARINGS 2. Master Development Agreement and Supplemental Development Agreement with Grand Investments, LW for the sale and conveyance of City owned property at a cost of $1.00 commonly known as the former Grand Hotel site, at West Mullan Avenue and Jefferson Street for the purpose of construction of an approximate 70 -united condominium development. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING—Objections on file in the City Clerk's office. 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. Resolution approving said Master Development Agreement and Supplemental Development Agreement; and authorize Mayor and City Clerk to execute said document. Submitted by Noel Anderson, Community Planning & Development Director April 7, 2014 3. FY2014 Boat House Roof Replacement Project. 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 confirming approval of plans, specifications, form of contract, etc. Resolution ordering construction. Motion to receive and file and instruct City Clerk to open and read bids and refer to Leisure Services Director for review. Submitted by Travis Nichols, Leisure Services Facilities/Project Manager Page 5 4. 2014 Right -of -Way Mowing 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 confirming approval of specifications, bid document, etc. Resolution authorizing to proceed. Motion to receive and file and instruct City Clerk to open and read bids and refer to Leisure Services Director for review. Submitted by JB Bolger, Golf & Downtown Area Maintenance Manager 5. Waterloo Public Library New Security Camera System. 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. Motion to receive and file and instruct City Clerk to open and read bids and refer to Building Official/Maintenance Administrator for review. Submitted by Craig Clark, Building Official/Maintenance Administrator 6. F.Y. 2014 W. Airline Highway Rehabilitation, Contract No. 827. 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. Motion to receive and file and instruct City Clerk to open and read bids and refer to City Engineer for review. Submitted by Dennis Gentz, PE, Assistant City Engineer. April 7, 2014 Page 6 7. Request for Proposals for Asbestos Abatement Services for the following properties: 134 Dearborn Avenue, 928 Mulberry Street, 717 Vinton Street, 927 Mullan Avenue, 67 Franklin Street, 820 Fowler Street, 409 State Street, 520 Cottage Street, 1013 Lincoln Street, and 420 Dawson Street. Re -open and hold hearing (continued from March 3, 2014). HOLD HEARING—No objections on file. Motion to close hearing and receive and file oral and written comments. Resolution confirming approval of Request for Proposals, plans, specifications, form of contract, etc. Resolution authorizing to proceed. Motion to receive and file and instruct City Clerk to open and read bids and refer to Community Planning & Development Director for review. Submitted by Noel Anderson, Community Planning & Development Director 8. Request for Proposals for Asbestos Abatement Services for 801-805 Commercial 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 confirming approval of Request for Proposals, plans, specifications, form of contract, etc. Resolution authorizing to proceed. Motion to receive and file and instruct City Clerk to open and read bids and refer to Community Planning & Development Director for review. Submitted by Noel Anderson, Community Planning & Development Director RESOLUTIONS 9. Resolution setting date of hearing as April 21, 2014 to review the proposed funding recommendations set forth by the Community Development Board for CDBG and HOME Program funds for the FY2015 Waterloo/Cedar Falls HOME Consortium Consolidated Plan application; and instruct City Clerk to publish notice. Submitted by Rudy Jones, Community Development Director 10. Resolution approving Convention and Visitors Bureau (CVB) Board recommendation for funding in the Event/Capital Hotel -Motel Tax Grant funds for FY2015 totaling $147,325.70. Submitted by Aaron Buzza, Executive Director of Waterloo Convention & Visitors Bureau 11. Resolution approving Supplemental Agreement No. 4 with Ament, Inc. of Waterloo, Iowa, in the amount of $134,257.00.00, in conjunction with additional plan development services for the F.Y. 2014 Kimball Avenue Transportation Improvements, Contract No. 843; and authorize Mayor to execute said document. , Submitted by Jeff Bales, Associate Engineer , �Q Q . oftiotz�'�� April 7, 2014 12. Resolution approving submission of Federal Aid Agreement for Transportation Alternative Program Project TAP -U -8155(741)-8I-07 the funding agreement covers 80% of the total cost of eligible items up to a maximum amount of $412,000.00, to be used for the F.Y. 2014 Shaulis Road Recreational Trail Extension - Phase I, Contract No. 858; and authorize Mayor to execute said document. Submitted by Jeff Bales, Associate Engineer Page 7 13. Resolution approving construction plans for Paving, Sanitary Sewer, Water, and Storm Sewer serving Hammond Hills Sixth Addition, as submitted by VJ Engineering of Cedar Falls, Iowa. Submitted by Dennis Gentz, Assistant City Engineer 14. Resolution approving agreement with Waterloo Water Works for Water Main Replacements in conjunction with F.Y. 2014 Street Reconstruction Program, Contract No. 859; and authorize Mayor and City Clerk to execute said document. Submitted by Dennis Gentz, Assistant City Engineer 15. Resolution supporting the continuation of the Main Street Waterloo Program and authorize Mayor to execute a Program Agreement with the Iowa Department of Economic Development, Updowntowners of Waterloo, Inc./dba/Main Street Waterloo Partnership and Main Street Waterloo for the purpose of continuing the Main Street program in Waterloo from July 1, 2014 through June 30, 2016. Submitted by Mayor Buck Clark 16. Resolution setting date of hearing as April 21, 2014 to approve request of Harris Cleaning of Waterloo, Iowa for a site plan amendment to the "M - 2,P" Planned Industrial District, to allow for the construction of a 80' X 125' (10,000 SF) industrial building, located east of 2366 Newell Street; and instruct City Clerk to publish notice. Submitted by Noel Anderson, Community Planning and Development Director 17. Resolution setting date of hearing as April 14, 2014 for the request by Jared and Lori Honermann to vacate the 50' platted building line of Lot 22 of Guernsey's Second Orangeview Plat located at 1360 Angus Drive.; and instruct City Clerk to publish notice. Submitted by Noel Anderson, Community Planning and Development Director 18. Resolution approving certain actions with respect to the Virden Creek Drainage Improvement Project, to establish the amount of just compensation for certain property interests to be acquired for project purposes, and to authorize the use of condemnation procedures for acquisition of said property interests in furtherance of the project objectives. Submitted by Noel Anderson, Community Planning and Development Director `' I 66 April 7, 2014 Page 8 19. Resolution approving application for SPY 2015 Byrne -JAG Grant funds to be used for funding the Tri -County Drug Enforcement Task Force; and authorize Director of Safety Services to execute said document. Submitted by Daniel J. Trelka, Director of Safety Services ORDINANCES 20. Amending the City Code of Ordinance, Title 6 Motor Vehicles and Traffic, Chapter 1 Traffic Code, by adding Section 6-1-4 City Infractions Ticket. Motion to receive, file, consider, and pass for the third time and adopt an Ordinance amending the City Code of Ordinance, Title 6 Motor Vehicles and Traffic, Chapter 1 Traffic Code, by adding Section 6-1-4 City Infractions Ticket. am,tvvtee j Submitted by Dan Trelka, Director of Safety Services 21. An Ordinance amending the 2007 Code of Ordinances of the City of Waterloo, Iowa, by adding a new Chapter 14, Housing Cooperative Conversion, of Title 9, Building Regulations. Motion to receive, file, consider, and pass for the first time an Ordinance amending the 2007 Code of Ordinances of the City of Waterloo, Iowa, by adding a new Chapter 14, Housing Cooperative Conversion, of Title 9, Building Regulations -Submitted by Craig Clark, Building Official/Maintenance Administrator. Motion suspending the rules. Motion to consider and pass for the second and third time and adopt ordinance. Submitted by Craig Clark, Building Oficial/Maintenance Administrator OTHER COUNCIL BUSINESS 22. Motion approving Change Order No. 1 for a net increase not to exceed negotiated price of $18,270.00 to add 1005 Lafayette Street and 533 Cottage Street for work performed by Lehman Trucking & Excavating Inc. of Waterloo, Iowa in conjunction with Demolition and Site Clearance Services (no regulated asbestos -containing materials); and authorize Mayor and City Clerk to execute said documents. Submitted by Rudy D. Jones, Community Development Director 23. F.Y. 2014 Sidewalk Repair Program - Zone 4 and Trail Repairs, Contract No. 863. Motion to instruct City Engineer to prepare plans, specifications, form of contract, etc. Motion to receive and file plans, specifications, form of contract, etc. Resolution preliminarily approving plans, specifications, form of contract, etc. Resolution setting date of hearing and bid opening as April 21, 2014; and instruct City Clerk to publish notice of plans, specifications, form of contract, etc. Submitted by W. Wayne Castle, PLS, El, Associate Engineer April 7, 2014 Page 9 24. Motion approving Change Order No. 2 for a net increase of $60,000.00 for work performed by J & K Contracting of Ames, Iowa for the No Name Creek Interceptor Sewer Project, Contract No. 849; and authorize Mayor and City Clerk to execute said document. Submitted by Brian Rath, Waste Management Services Assistant Superintendent ORAL PRESENTATIONS Motion to receive and file oral comments. ADJOURNMENT Motion to adjourn. Monday, April 4:30 p.m. 5:00 p.m. 5:05 p.m. Suzy Schares, CMC City Clerk/ Human Resource Director MEETINGS 7, 2014 - Ordinance Committee, Law Court Theater - Boards and Commissions, Law Court Theater - Finance Committee, Law Court Theater PUBLIC INFORMATION 1. Waterloo Cultural and Arts Commission Board meeting minutes of February 19, 2014 on file in Clerk's office. 2. Board of Waterloo Water Works Trustees meeting minutes of March 19, 2014 on file in Clerk's office. 3. Complete Streets Advisory Committee meeting minutes of February 11, 2014 on file in Clerk's office. 4. Waterloo Enterprise Zone Commission meeting minutes of January 2, 2014 and January 22, 2014 on file in the Clerk's office. 5. Planning, Programming and Zoning Commission meeting minutes on file in the City Clerk's office of January 7, 2014, February 4, 2014, and March 4, 2014 on file in the Clerk's office. 6. Historic Preservation meeting minutes on file in the City Clerk's office of January 30, 2014, February 18, 2014, and March 18, 2014 on file in the Clerk's office. 7. Board of Adjustment meeting minutes on file in the City Clerk's office of January 28, 2014, February 25, 2014, and March 25, 2014 on file in the Clerk's office. April 7, 2014 Page 10 CONTRACT PAYMENT SCHEDULE 1. U.S. Hwy 63-Franklin/Newell Corridor Enhancements Pay estimate No. 1 to AECOM in the total amount due of $900.00 - 100% City bond money. 2. Storm Water Lift Station-Blowers/Dry Run Creek, Contract No. 842 Pay estimate to AECOM in the total amount due of $14,349.05. March 24, 2014 The Council of the City of Waterloo, Iowa, met in Regular Session at Waterloo Center for the Arts, Law Court Theater, Waterloo, Iowa, at 5:30 p.m., on Monday, March 24, 2014. Mayor Ernest G. Clark in the Chair. Roll Call: Cole, Jones, Schmitt, Lind, Morrissey, Welper, and Hart. Moment of Silence. Pledge of Allegiance: Ron Welper, Ward 5 Council Member. 142461 - Hart/Schmitt that the Agenda, as amended by adding a special class C liquor license for Jr. Wahawk Softball for March 29, 2014 through April 3, 2014 and continuing the hearing for item #2 until April 7, 2014, for the Regular Session on Monday, March 24, 2014, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. 142462 - Hart/Schmitt that the Minutes, as proposed, for the Regular Session on Monday, March 17, 2014, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. Mayor Clark read a Proclamation declaring March 23-29, 2014 as Boys and Girls Club Week. Mayor Clark noted that the General Rules for Public Participation section of the Council agenda have been enlarged and reorganized. CONSENT AGENDA 142463 - 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 Finance Committee Invoice Summary Report, dated March 24, 2014, in the amount of $3,492,604.52, 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. 2014-189. 2. Acceptance of Acknowledgment/Settlement Agreement in the amount of $300.00 with Kwik Stop II, 4335 Texas Street, Waterloo, Iowa for sale of tobacco, tobacco products or cigarettes to persons under 18 years of age. If civil penalty is not paid within thirty (30) days said cigarette permit will be suspended for 14 days. Resolution adopted and upon approval by Mayor assigned No. 2014-190. 3. Request of Josh Schmidt for tax exemptions for the construction of a new single family dwelling valued at $550,000.00 located at 4722 Luxley Drive and located in the City Limits Urban Revitalization Area (CLURA). Resolution adopted and upon approval by Mayor assigned No. 2014-191. b. Motion to approve the following: 1. 2. 3. 4. 5. Travel Requests Name & Title of Personnel Class/Meeting Destination Date(s) Amount not to exceed Sgt. Camarata & Supervision & St. Paul, 04/27/14- $956.00 Sgt. Rogers Management MN 04/29/14 Officer Walter & Motorcycle Refresher Moline, IL 04/05/14- $576.00 Officer Bovy Training 04/07/14 John Lenius IAHO Spring Waterloo, 04/02/14- $200.00 Amended Conference IA 04/04/14 Inv. Monroe & (1) Marijuana Testing Ankeny, IA 03/31/14- $1,150.00 Unknown Officer School 04/03/14 Phillip Schuppert, IDOT Erosion Control Ames, IA 04/10/14- $287.35 Storm Water Certification Course 04/11/14 Specialist March 24, 2014 Page 2 6. Recommendation of appointment of Mark Rice to the Solid Waste Commission, replacing Larry Smith's appointment. 7. 8. 9. 10. Approved Beer, Liquor, and Wine Applications Name & Address of Business Class New or Renewal Expiration Date Includes Sunday Catherine Doyle's Pub 504 Sycamore St. Class C Liquor Renewal 03/07/15 X City Foods 200 Broadway St. Class E Liq, Class B Wine, Class C Beer New 03/01/15 X Red Carpet Golf 1409 Newell St. Class C Liquor & Outdoor Service Renewal 04/04/15 X Jr. Wahawk Softball 300 Jefferson St. Special Class C (BW) New 03/29/14- 04/03/14 11. Bonds Roll call vote -Ayes: Seven. Item 1.b.8 Nays: One (Hart). Motion carried. Aric Schroeder, City Planner, explained that the City Foods license is a new license due to a change of ownership. PUBLIC HEARINGS 142464 - Schmitt/Cole motion to postpone hearing on Asbestos Abatement Services Request for Proposals for the following properties: 134 Dearborn Avenue, 928 Mulberry Street, 717 Vinton Street, 927 Mullan Avenue, 67 Franklin Street, 820 Fowler Street, 409 State Street, 520 Cottage Street, 1013 Lincoln Street, 420 Dawson Street (continued from March 3, 2014)until April 7, 2014. Voice vote -Ayes: Seven. RESOLUTIONS 142465 - Cole/Morrissey that "Resolution setting date of hearing as April 14, 2014 to approve, as amended the City of Waterloo Zoning Ordinance No. 5079 by adding additional restrictions for "payday" loan businesses (delayed deposit service use) and pawnshop businesses; and instruct City Clerk to publish notice", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-192. 142466 - Schmitt/Hart Resolution resetting date of hearing as April 7, 2014 to enter into a Master Development Agreement and Supplemental Development Agreement with Grand Investments, LLC to authorize the sale and conveyance of a portion of City owned property for $1.00 commonly known as the former Grand Hotel site, at West Mullan Avenue and Jefferson Street, for the construction of an approximate 70 -unit condominium development with an estimated actual value of $6 million, with 20 years at 42% tax rebates; and instruct City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2014-193. Mr. Morrissey questioned if the proposal had been reviewed previously. Mayor Clark noted that it was being postponed until council members and himself met with the Waterloo Development, Corp. and to insure questions are answered prior to opening the hearing. Mr. Hart questioned if the structure was similar to the original project plans and if the proposed agreement was with a local company. Mayor Clark responded yes. 142467 - Welper/Hart That "Resolution approving Completion of Project and Recommendation of Acceptance of Work performed by Peterson Contractors, Inc. of Reinbeck, IA at a total cost of $371,935.00 in conjunction with F.Y. 2011 Ridgeway Avenue and LaPorte Road Intersection Improvements, Contract No. 775", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-194. March 24, 2014 Page 3 142468 - Welper/Hart that "Resolution approving City of Waterloo Driveway and Sidewalk Specifications for use by contractors and property owners starting with the 2014 construction season", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-195. 142469 - Welper/Hart that "Resolution approving Traffic Safety Grant Agreement with Iowa Department of Transportation in the amount of $50,000.00 for improving traffic signal and sign installation at Fletcher Avenue and University Avenue intersection; and authorize Mayor and City Clerk to execute said document", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-196. ORDINANCES 142470 - Morrissey/Welper that "an Ordinance amending the City Code of Ordinance, Title 6 Motor Vehicles and Traffic, Chapter 1 Traffic Code, by adding Section 6-1-4 City Infractions Ticket", be received, placed on file, considered and passed for the second time. Roll call vote -Ayes: Seven. Mr. Schmitt questioned if the city has designated where the additional revenue from the fines will go. Mayor Clark noted that there is some potential for earmarking additional funds for the police department. The revenue will go into the general fund initially, but possibly be utilized for operational costs in the future. Mr. Schmitt asked when the ordinance will take effect. Dan Trelka, Direct of Safety Services, explained that a process has to be established for issuing the tickets, but we are shooting for July 1St Mr. Schmitt stated that he is concerned with the designation of funds. Mayor Clark explained that there is uncertainty in what additional revenues will come from this ordinance. Michelle Weidner, Chief Financial Officer, explained that we may find if we adopt the ordinance that there may be additional revenue, but until we start doing it we will not know. Jim Walsh, City Attorney, explained that we can't take on a new matter on this agenda that relates to revenue distribution. Council could delay this matter if they chose, but this agenda item only changes the ordinance to charge a city offense instead of state offense. Mr. Morrissey noted that Council needs to vote on the motion already in place. David Dryer, 3145 W. 4th Street, expressed concern with the ordinance. Mr. Schmitt asked where the revenue will go. Michelle Weidner, Chief Financial Officer, explained currently any citation written is deposited in the general fund; no decisions have been made where additional funds will be deposited at this time. Jim Walsh, City Attorney, explained there isn't a direct connection with a police officer writing a ticket and the revenues of that department and we wouldn't want to give an appearance that that is so. Mayor Clark explained that we are not directing revenues with the ordinance. will direct revenues on a different agenda item. We do not want to give appearance that police officers are writing tickets to increase their revenue. 142471 - Morrissey/Welper We the that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Four. Nays: Three (Jones, Schmitt, Lind). Motion failed. March 24, 2014 OTHER COUNCIL BUSINESS 142472 - Hart/Welper Page 4 to instruct Leisure Services Director to prepare plans, specifications, form of contract, etc. in conjunction with 2014 Right -of -Way Contract Mowing, be approved. Voice vote -Ayes: Seven. Motion carried. 142473 - Hart/Welper that plans, specifications, bid documents, etc. in conjunction with 2014 Right -of - Way Contract Mowing, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 142474 - Hart/Welper that "Resolution preliminarily approving plans, specifications, bid documents, etc. in conjunction with 2014 Right -of -Way Contract Mowing", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-197. 142475 - Hart/Welper that "Resolution setting date of hearing and bid opening as April 7, 2014; and instruct City Clerk to publish notice of plans, specifications, bid documents, etc. in conjunction with 2014 Right -of -Way Contract Mowing", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-198. 142476 - Hart/Welper to instruct City Engineer to prepare plans, specifications, form of contract, etc. in conjunction with F.Y. 2014 Street Reconstruction Program, Contract No. 859, be approved. Voice vote -Ayes: Seven. Motion carried. 142477 - Hart/Welper that plans, specifications, form of contract, etc. in conjunction with F.Y. 2014 Street Reconstruction Program, Contract No. 859, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 142478 - Hart/Welper that "Resolution preliminarily approving plans, specifications, form of contract, etc. in conjunction with F.Y. 2014 Street Reconstruction Program, Contract No. 859", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-199. 142479 - Hart/Welper that "Resolution setting date of hearing and bid opening as April 14, 2014 and instruct City Clerk to publish notice of plans, specifications, form of contract, etc. in conjunction with F.Y. 2014 Street Reconstruction Program, Contract No. 859", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-200. 142480 - Hart/Welper to instruct Community Planning & Development Director to prepare plans, specifications, form of contract, etc. in conjunction with Asbestos Abatement for 801-805 Commercial Street, be approved. Voice vote -Ayes: Seven. Motion carried. 142481 - Hart/Welper that plans, specifications, form of contract, etc. in conjunction with Asbestos Abatement for 801-805 Commercial Street, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 142482 - Hart/Welper that "Resolution preliminarily approving plans, specifications, form of contract, etc. in conjunction with Asbestos Abatement for 801-805 Commercial Street", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-201. March 24, 2014 142483 - Hart/Welper Page 5 that "Resolution setting date of hearing and bid opening as April 7, 2014; and instruct City Clerk to publish notice of plans, specifications, form of contract, etc. in conjunction with Asbestos Abatement for 801-805 Commercial Street", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-202. 142484 - Hart/Welper to instruct Waste Management Services Superintendent to prepare plans, specifications, form of contract, etc. in conjunction with 2014 Lift Stations & Complaint Mowings with Complaint Snow Removals, be approved. Voice vote -Ayes: Seven. Motion carried. 142485 - Hart/Welper that plans, specifications, form of contract, etc. in conjunction with 2014 Lift Stations & Complaint Mowings with Complaint Snow Removals, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 142486 - Hart/Welper that "Resolution preliminarily approving plans, specifications, form of contract, etc. in conjunction with 2014 Lift Stations & Complaint Mowings with Complaint Snow Removals", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-203. 142487 - Hart/Welper that "Resolution setting date of hearing and bid opening as April 14, 2014; and instruct City Clerk to publish notice of plans, specifications, form of contract, etc. in conjunction with 2014 Lift Stations & Complaint Mowings with Complaint Snow Removals", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-204. ORAL PRESENTATIONS Jim Chapman, 224 Bertch, questioned the process for change orders. Lonne Kammeyer, 848 Dawson, spoke in support of alternate parking during snow removal. Forest Dillavou, 1725 Huntington Road, spoke in support of using concrete for the City's street reconstruction. 142488 - Hart/Schmitt that the above oral comments be received and placed on file. Voice vote -Ayes: Seven. Motion carried. ADJOURNMENT 142489 - Hart/Schmitt that the Council adjourn at 6:09 p.m. Voice vote -Ayes: Seven. Motion carried. Suzy Schares, CMC City Clerk/Human Resource Director CITY OF WATERLOO Council Communication City Council Meeting: April 7, 2014 Prepared: March 4, 2014 Dept. Head Signature: 5 # of Attachments: / SUBJECT: Proclamation - Equal Pay 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, since the passage of the Equal Pay Act in 1963 and Title VII of the Civil Rights Act in 1964, women, especially minority women, continue to suffer the consequences of inequitable pay; and WHEREAS, in 2009 the Lilly Ledbetter Fair Pay Act was signed into law which amends Title VII of the Civil Rights Act and now we must pass the Paycheck Fairness Act, which amends the Equal Pay Act by closing loopholes and improving the law's effectiveness; and WHEREAS, the U.S. Census Bureau shows year-round, full-time working women in 2013 earned only 77% of the earnings of year-round, full-time working men; and WHEREAS, wage disparity persists across all educational levels as women with a college degree or higher lose $713,000 over a 40 -year period versus a $270,000 loss for women who did not finish high school; and WHEREAS, over a working lifetime, this wage disparity costs the average American woman and her family an estimated $700,000 to $2 million in lost wages, impacting Social Security benefits and penions; and WHEREAS, fair pay equity policies can be implemented simply and without undue costs or hardship in both the public and private sectors; and WHERE/LS, fair pay strengthens the security of families today and eases future retirement costs, while enhancing the American economy; and WHEREAS, Tuesday, April 8th, symbolizes the time in which the wages paid to American women catch up to the wages paid to men from the previous year. NOW, THEREFORE, I, Buck Clark, Mayor of Waterloo, Iowa, do hereby proclaim Tuesday, April 8 , 2014, as EQUAL, PAY DAY in Waterloo, Iowa, to recognize the full value of women's skills and significant contributions to the labor force, and to further encourage businesses to conduct an internal pay evaluation to ensure women are being paid fairly. IN WITNESS WHEREOF, I have hereunto set my hand and caused the official seal of Waterloo, Iowa, to be affixed this 7th day of April 2014J ATTEST: Suzy Sch. es City Clerk CITY OF WATERLOO Council Communication City Council Meeting: April 7, 2014 Prepared: March 5, 2014 Dept. Head Signature: # of Attachments: 1 SUBJECT: Mayoral proclamation: April 2014 as SEXUAL ASSAULT AWARENESS MONTH. 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, sexual assault affects women, children and men of all racial, cultural and economic backgrounds; and WHEREAS, in addition to the immediate physical and emotional costs, sexual assault may also have associated consequences of post-traumatic stress disorder, substance abuse, depression, homelessness, eating disorders and suicide; and WHEREAS, sexual assault is devastating not only to the survivor, but also for the family and friends of the victim or survivor; and WHEREAS, no one person, organization, agency or community can eliminate sexual assault on their own; and WHEREAS, we must work together to educate our entire population about what can be done to prevent sexual assault, support victims/survivors and their families as well as support those agencies providing services to victims/survivors. NOW, THEREFORE I, Buck Clark, Mayor of the City of Waterloo, Iowa, do hereby proclaim the month of April 2014 as SEXUAL, ASSAULT AWARINE,SS MONTH in Waterloo, a city in Black Hawk County, and encourage all citizens to learn more about preventing sexual violence. IN WITNESS WHEREOF, I have hereunto set my hand and caused the official seal of the City of Waterloo to be affixed this 7th day of April 2014. ATTEST: iek()At Suzy Scli r ' �`� - ' Buck Clark City Clerk �, �.;';H� ` Mayor CITY OF WATERLOO Council Communication City Council Meeting: Prepared: Dept. Head Signature: # of Attachments: April 7, 2014 March 31, 2014 SUBJECT: April 6-12, 2014, National Crime Victims' Rights Week proclamation. Submitted by: Mayor Clark Recommended City Council Action: Summary Statement Expenditure Required Source of Funds Policy Issue Alternative Background Information: WHEREAS, WHEREAS, �HE�tEAS, CITY OF WATERLOO IOWA PROCLAMATION in 1984 the Victims of Crime Act established the Office for Victims of Crime to provide a permanent source of support for crime victim services throughout the United States; and Iowans are victims of more than 230,000 crimes each year with these crimes impacting family members, friends, neighbors, and co-workers, leaving a lasting physical, emotional or financial impact on everyone across all economic, racial and social backgrounds; and since it was established in 1989, the Iowa Crime Victim Assistance Division of the Attorney General's Office has provided direct assistance to more than 69,000 Iowans annually by funding local victim service providers, reaching over 40,000 victims through the VINE notification program, and providing reimbursement to over 2,000 victims for related victimization expenses; and victim service providers in local victim services agencies, county attorneys' offices, the Prosecution Division of the Attorney General, the Board of Parole, and the Office of Victim Programs of the Department of Corrections face challenges each year to reach and serve all victims throughout the criminal justice process; and WHEREAS, now is the time to embrace a new emphasis on learning what works in reaching underserved victims and meeting victims' needs from arrest to conviction, during an offender's incarceration and release back into community, and throughout a victim's healing journey; and WHEREAS, National Crime Victims' Rights Week, April 6-12, 2014, provides an opportunity to celebrate the energy, creativity, and commitment that launched the victims' rights movement, inspired its progress, and continues to advance the cause of justice for crime victims; and WHEREAS, the State of Iowa is joining forces with victim service providers, criminal justice agencies, and concerned citizens throughout Iowa and America to raise awareness of victims' rights and observe National Crime Victims' Rights Week. NOW,' THEREFORE, I, Buck Clark, Mayor of the City of Waterloo, Iowa, do hereby proclaim the week of April 6 —12, 2014, as NATIONAL CRIME VICTIMS' RIGHTS WEEK And reaffirm this City's commitment to the respect and enforcement of victims' rights, addressing victims' needs, and expressing our appreciation to those victims and crime survivors who have turned personal tragedy into a motivational educational force, building a more informed and just community. IN 'WITNESS WHEREOF, I have hereunto subscribed my name and caused the Seal of the City of Waterloo, Iowa to be affixed this 7th day of April 2014. ATTEST: Suzy Schares, City Clerk is Buck Clark, Mayor r'LrM MMBTR Of T3 -T2? rMOrt\rrJ-L APRIL TIM KUHLMANN TIM IS A LIBRARY ASSISTANT AND HAS BEEN WITH THE CITY SINCE DECEMBER 29, 2009. TIM CONSISTENTLY DISPLAYS SUPERIOR CUSTOMER SERVICE SKILLS AND HAS HIS OWN FAN CLUB OF LIBRARY USERS WHO ASK FOR HIM SPECIFICALLY, KNOWING THAT HE WILL GO THE EXTRA MILE TO MAKE SURE THEY GET THE ANSWERS THEY NEED. HE IS A REGULAR WORKER IN THE LEARNING CENTER AND HIS KIND DEMEANOR SETS NERVOUS LEARNERS AT EASE, HELPING THEM BETTER FOCUS THEIR ATTENTION ON LEARNING. TIM IS A GIFTED ARTIST AND CONTRIBUTES THESE SKILLS TO ALL LIBRARY DEPARTMENTS, HELPING TO CREATE DISPLAYS SHOWCASING LIBRARY EVENTS; THIS IS ESPECIALLY IMPORTANT FOR THE YOUTH DEPARTMENT, WHO NEED TO ENGAGE THE IMAGINATIONS OF THE HUNDREDS OF CHILDREN WHO SIGN UP FOR THE YOUTH SUMMER PROGRAM EACH YEAR. TIM TREATS HIS COWORKERS JUST AS WELL AS HE TREATS MEMBERS OF THE PUBLIC; HE IS ALWAYS READY AND WILLING TO HELP AND ROUTINELY TAKES RESPONSIBILITY FOR NECESSARY TASKS THAT OTHERS WOULD PREFER TO AVOID. ONE COWORKER SAID, "TIM IS AS RELIABLE AS THEY COME. HE SHOWS UP ON TIME AND READY TO WORK. HE IS DILIGENT WITH HIS WORK, KIND TO PATRONS AND HAS SHOWN A WILLINGNESS TO LEARN NEW TASKS OVER THE YEARS. WE'RE ALWAYS GLAD TO LOOK UP AND SEE THAT TIM IS IN THE ROOM." City of Waterloo Finance Committee Open Invoice Report For April 07 2014 Approval Finance Committee Accounts Payable Open Invoice Report Total As of Friday, April 04, 2014 EFT Transactions: 1,047,529.03 !Subtotal - as of Monday, April 07 2014 1,047,529.03 Workers Compensation Issued by TPA Gross Payroll Housing Authority Housing Assistance EFT's Housing Authority Housing Assistance EFT's Retiree Health Insurance Refunds 8,748.95 1,502,581.36 963.00 5,953.00 334.85 'Bill Payment Total - Monday, April 07 2014 2,566,110.19 Pay to Counci embers or re.. ed entities $o.00 '.ty of Waterloo Payroll Vendor Disbursements Checks Issued and EFT JE: 1228 & 1226 Date: 04/04/14 Prepared by: BB Fund GRAND TOTALS Vendor Check EFT Inv jrnl Amount Amount Fund Amount 010 233,224.16 208,523.39 010 1 441,747.55 Deductions from Inv journal :: Cxa.not.us:e>:.: 010 1 , 200 167,918.42 200 1 167,918.42 204 5,584.58 4,874.87 204 1 10,459.45 205 4,917.77 4,801.30 205 1 9,719.07 ................ 224 4,074.27 ::::pc>:!ifg!,* :::::: 224 2 4,074.27 224 ljea:nct.ci s✓:.:::. 6,051.92 224 2a 6,051.92 266 29,187.21 35, 306.15 266 1 64,493.36 283 3,514.44 4,365.51 283 3 7,879.95 290 620.35 394.76 290 1 1,015.11 520 14,294.86 19,145.20 520 4 33,440.06 521 5,130.79 5,942.04 521 4 11,072.83 525 7,358.13 10,312.70 525 1 17,670.83 WAR 475,824.98 297,981.99 WAR 773,806.97 951,649.96 595,963.98 1,547,613.94 1,547,613.94 WAR a c) )) (// 3306'37) 1 $ 711,287.94 2 4,074.27 475,824.98 297,981.99 773,806.97 2a 6,051.92 w/d amount To: (RB) ACCTS PYBL Bank Acct //(RB) OVRNT $ 711,287.94 (RB) CDBG 4,074.27 No banking j(RB) CDBG 6,051.92 ✓ (USB)HOUSE 7,879.95 (RB)SEW 44,512.89 Grand Total $ 773,806.97 04, 3 7,879.95 4 44,512.89 Grand Total $ 773,806.97 4/4/2014 forms pyril vendor disbrs banking net.xlsx 040414 cks+EFT city of Waterloo Payroll Date 04/04/14 Preparer: RH GL Date 04/04/14 Banking Date 04/04/14 JE 1223 Fund DEBIT Fund Dir Dep ACH Dir Dep ACH 1 010 534,130.96 010 1 534,130.96 204 9,973.96 204 1 9,973.96 205 9,695.42 205 1 9,695.42 224 10,199.99 224 2 10,199.99 266 73,461.88 266 1 73,461.88 283 9,894.55 283 3 9,894.55 290 463.62 290 1 463.62 423 0.00 423 4 0.00 520 39,815.72 520 5 39,815.72 521 11,393.19 521 5 11,393.19 525 21, 379.58 525 1 21, 379.58 Net Payroll Total Net Payroll Total 720,408.87 720,408.87 Net Payroll Total Dir Dep ACH Net Payroll checks only 720,408.87 108,967.89 1 $ 37,664.44 2 10,199.99 3 9,894.55 5 51,208.91 108,967.89 wid amount To: (WF) Payroll Bank Acct 1 / JaA .//(RB) OVRNT $ 37,664.44 C 0342 I �/ j /(RB) CDBG 10,199.99 � 9I 7. r' ) )' /(USB)HOUSE 9,894.550 u( 'WO w J i (RB)SEW 51,208.91 \ 32 C J © l Net Payroll checks only $ 108,967.89 Dir Dep ACH ACH 611,440.98 Net Payroll Total $ 720,408.87 "4/7/ 4/3/2014 forms payroll banking net.xlsx 040414 City of Waterloo Bill Payments Bill Date 4/7/2014 Banking Date 4/8/2014 Prepared by: RH Journal Number 1242 Fund Amount Fund Amount for formula 010 830,472.05 010 1 $ 830,472.05 101 4,135.00 101 1 4,135.00 205 497.78 205 1 497.78 224 83,272.88 224 2 83,272.88 266 6,566.05 266 1 6,566.05 283 8,788.80 283 3 8,788.80 290 40,956.49 290 1 40,956.49 410 4,470.00 410 4 4,470.00 412 27,035.12 412 4 27,035.12 413 12,940.00 413 4 12,940.00 426 1,986.35 426 1 1,986.35 520 22,642.23 520 5 22,642.23 521 924.12 521 5 924.12 525 2,842.16 525 1 2,842.16 WAR 1,047,529.03 juornal total 2,095,058.06 $ 1,047,529.03 1 $ 887,455.88 WAR formula (1,047,529.03) 2 83,272 88 3 8,788.80 Approved check total 1,047,529.03 4 44.445.12 5 23,566.35 6 0.00 w/d amount Bank Acct (RB) OVRNT $ 887,455.88 (RB) CDBG 83,272.88 I(USB)HOUSE 8,788.80 J (RB)GOB 44,445.12 J(RB)SEW To: (RB) ACCTS PYBL 23,566.35\} 87 ; $ 1,047,529.03 4/8/2014 forms bill banking net.xlsx 040714 $ 1,047,529.03 CITY OF WATERLOO Council Communication City Council Meeting: April 7, 2014 Prepared: March 25, 2014 Dept. Head Signature: Joe Leibold, Police Captain # of Attachments: None SUBJECT: Waterloo Warriors Hockey 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: April 12, 2014 @ 9AM . The route uses River Road from West Mullan to Conger/Westfield. River Road will be closed using barricades. A police officer will be provided by the event to assist the group in getting across Mullan Ave. They estimate approximately 200 runners. The event will begin at Young Arena (approved by Leisure Services). 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: 5` Cooper Si EaPark a IINrPokln WW n1 Nafelwl Erik 4 wrMlAn F c s gat- 101100N ,` � IrroUYNbxa, Nw •. be A away A. ra' k doper fd ce.vera I'akwerr Cemetery Nab4mn CrueaebMe Gbder Hire, Fork • roudrar Pack F, cr n & ro.eacw • tmuro,s S aPa % Pet I, • nace0.g• ." "x i� rm� a a er , 1*'erfietl Nit a Berl � , t ,mewirilw l"J' • Gy %tgl APPLICATION FOR VARIANCE TO NOISE ORDINANCE APPLICANTS NAME:riefx.44r Sied (A)oct-v.100 Wart oiS ktoc (ey APPLICANTS ADDRESS: i L t h b -�}- APPLICANT'S PHONE #: 311 ^ a to q -sisi3 ANTICIPATED DATE OF VARIANCE: NAME OF EVENT: VV TIMES OP DAY OF VARIANCE: GEOGRAPHICAL LOCATION OF VARIANCE: It), S (01110114r6a.� iptAn/ ales& .pK;n 10-f DISTANCE OF ACTIVITY FROM RESIDENTIAL PROPERTIES: I bI o (,K PLEASE EXPLAIN THE EVENT REQUIRING THE VARIANCE AND BE SPECIFIC, INCLUDE GEOGRAPHICAL LOCATION, AND WHAT ACTUALLY WILL EXCEED THE NOISE ORDINANCE, SUCH AS A BAND PLAYING, PA SYSTEM, ETC. 3 Anle RAN ILA Atikik cs-tari:Jj (4- y DivkN) Arelw, pariciel lot, eTe (A);11 toe t52 o r&d, o To. amowemomS . CITY COUNCIL ACTION: APPROVAL: Applicant's Signature Date 31om 1 Police Dept. Rex -online datio APPROVAL: DENIAL r DENIAL: DECIBEL LEVET : / V 0/A Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-205 RESOLUTION APPROVING REQUEST OF WATERLOO WARRIORS HOCKEY TO HOLD A 5K RUN/WALK EVENT ON APRIL 12, 2014. WHEREAS, Waterloo Warriors Hockey has requested that they be allowed to hold a 5K Run/Walk event on April 12, 2014, together with the approval of the Director of Safety Services, and WHEREAS, said event will begin at 9:00 a.m., with the route to start and end in Young Arena parking lot. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the request of Waterloo Warriors Hockey to hold a 5K Run/Walk event on April 12, 2014 beginning at 9:00 a.m., with the route to start and end in Young Arena parking lot, be and the same is hereby approved. PASSED AND ADOPTED this 7th day of April, 2014. ATTEST: Suzy Sch.res, CMC City Cle k 1A1 est G. Clark, Mayor CITY OF WATERLOO, IOWA WATERLOO LEISURE SERVICES COMMISSION 1101 Campbell Avenue • Waterloo, IA 50701 • (319) 291-4370 Fax (319) 291-4297 DATE: March 25, 2014 TO: Dan Trelka Director, Potice Department FROM: Madonna Welsh Leisure Services RE: Variance to Noise Ordinance I have attached an application for variance to noise ordinance from George Marshall, Harvest Vineyard Church. The Park department has issued a park permit for them to use Lincoln Park on the dates they requested. Please review their request for noise variance and take action as needed. Let me know if you have questions. Thank you. CITY WEBSITE: www.cityofwaterlooiowa.com WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer APPLICATION FOR VARIANCE TO NOISE ORDINANCE APPLICANT'S NAME: e o r ,r GIL, C 3 ` ney,rJaorci\ APPLICANT'S ADDRESS: 7/.-6 471 f 1-' S W k-kr4 a 0 1 & 5d7U3 APPLICANT'S PHONE #: 315 -2-4)7- 7 J ANTICIPATED DATE OF VARIANCE: 7G. m " (61, ► n Je1/.6 )/�/fac-74C NAME OF EVENT: 5 Un d L/ p arc h It C TIMES OF DAY OF VARIANCE: C7, ✓y7 /cc. r)-11 GEOGRAPHICAL LOCATION OF VARIANCE: i yi c 01 n P�. K DISTANCE OF ACTIVITY FROM RESIDENTIAL PROPERTIES: / -Z �/a ck' S PLEASE EXPLAIN THE EVENT REQUIRING THE VARIANCE AND BE SPECIFIC, INCLUDE GEOGRAPHICAL LOCATION, AND WHAT ACTUALLY WILL EXCEED THE NOISE ORDINANCE, SUCH AS A BAND PLAYING, PA SYSTEM, ETC. 1. c}) 5 � ("�iry -JCy pfcrnvc I n coif? JOA.r K _572-)4 -Po r r- .r; rr-) ct I (A) OrSt7 fC aL, , I 2. 49 ye 1% 1Al D co y) -- 711 Gvr� (� (, e Applica. 's Signature Date CITY COUNCIL ACTION: Police Dept. Recommendation APPROVAL: DENIAL: APPROVAL: DENIAL: DECIBEL LEVEL: q� ci aS Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-206 RESOLUTION GRANTING REQUEST OF GEORGE MARSHALL OF HARVEST VINEYARD CHURCH, FOR VARIANCE TO ORDINANCE NO. 3094, NOISE ORDINANCE. WHEREAS, George Marshall of Harvest Vineyard Church is requesting a variance to the Noise Ordinance on June 1st and 15th, July 6th and 20th, August 17th, September 7th and 21St, and October 5, 2014 from 9:00 a.m. to 1:00 p.m. in conjunction with a Sunday picnic event to be held at Lincoln Park, including the use of a PA system, and WHEREAS, said event will exceed the limits of Ordinance No. 3094, Noise Ordinance, and WHEREAS, said George Marshall of Harvest Vineyard Church has made formal application for a variance to the Noise Ordinance on June 1st and 15th, July 6th and 20th, August 17th, September 7th and 21St, and October 5, 2014 from 9:00 a.m. to 1:00 p.m. in conjunction with a Sunday picnic event to be held at Lincoln Park, together with recommendation of approval of the Director of Safety Services. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the request of George Marshall of Harvest Vineyard Church is requesting a variance to the Noise Ordinance on June 1st and 15th, July 6th and 20th, August 17th, September 7th and 21St, and October 5, 2014 from 9:00 a.m. to 1:00 p.m. in conjunction with a Sunday picnic event to be held at Lincoln Park, including the use of a PA system, be and the same hereby granted. PASSED AND ADOPTED this 7th day of April, 2014. Ernest G. Clark, Mayor ATTEST: Suzy Schar- ,, CMC City Clerk CITY OF WATERLOO Council Communication City Council Meeting: April 7, 2014 Prepared: March 28th, 2014 Dept. Head Signature: Joe Leibold, Captain of Police Services # of Attachments: Two SUBJECT: Memorial Day Parade Submitted by: Joe Leibold (Waterloo Police) Recommended City Council Action: Approve parade route and road closings for Memorial Day Parade on May 26, 2014 starting at 9:30 assembly and parade begins at 10:30 AM. Summary Statement: The Memorial Day Committee is requesting permission to hold their annual Memorial Day Parade on May 26, 2014. The Parade Route is attached. They will require a police lead vehicle a follow vehicle and several officers to control traffic in the downtown area during the Parade. Expenditure Required: Cost to provide barricades and street closures as needed. On duty School Resource Officers to provide the route security, there is no school on the Holiday, no police overtime. Source of Funds: N/A Policy Issue: N/A Alternative: Background Information: THE MEMORIAL DAY BOARD MEMORIAL DAY PARADE AND PROGRAM Police Dept 715 Mulberry St Waterloo, IA. 50703 Dear Chief: The Memorial Day Committee want to ask permission and to inform you that we are planning our annual Memorial Day Parade and Program on 26 May 14. The parade will have about 40 units. We will gather at 6th and Commercial starting at 9:30am. The parade will start at 10:30am at 5th and Commercial to Park Ave. (right), across the Cedar River to Mulberry (right), to 5th St. (right) and across the river to Memorial Hall. As with all parades, the streets need to be blocked. As soon as possible after the parade we will start our program on the river side of Memorial Hall. The program should last about 45 minutes. The Police Dept. is invited to be part of the parade and program. If there are any questions, please call me at 233 2236. Thank you: Dale Hixson - Waterloo 4 r) fiy-e• C• , '0 YWCA (7 Phelps Youth 4,12. Pavilion 6 C. Cr Friday, Mar 28, 2014 09:19 AM r#� Reed Perk Cab Gail eria The Waterloo I)e 11.11"?�. Brou°tile • Silos & Smokestacks National Heritage Area 0,0 Lill+ St () ncoln Park • 0,,. 4) Black H S lnty 1.01, rvrisor Dickey's ,,a , (5',� Printing• 4��C` <419eAr , .441.('' Vi Cl Het Gt.- t--.! o' it - Aft, 03- Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2013-207 RESOLUTION GRANTING PERMISSION TO WATERLOO MEMORIAL DAY BOARD TO HOLD ANNUAL MEMORIAL DAY PARADE AND SERVICES ON MAY 26, 2014. WHEREAS, the Waterloo Memorial Day Board has made written application to the City Council asking that they be authorized and permitted to hold the annual Memorial Day Parade and Services on May 26, 2014, and WHEREAS, said parade will begin at 10:30 a.m., with the route starting at 5th and Commercial Streets, west along Commercial Street, right on Park Avenue, right on Mulberry Street, right on 5th Street and end at Veterans Memorial Hall located on West 5th and Cedar Streets. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the request of the Waterloo Memorial Day Board to hold the annual Memorial Day Parade on May 26, 2014 beginning at 10:30 a.m., with the route starting at 5th and Commercial Streets, west along Commercial Street, right on Park Avenue, right on Mulberry Street, right on 5th Street and end at Veterans Memorial Hall located on West 5th and Cedar Streets, be and the same is hereby approved. PASSED AND ADOPTED this 7th day of April, 2014. „ee,f-t-aj Ernest G. Clark, Mayor ATTEST: Suzy Scha es, CMC City Cler CITY OF WATERLOO Council Communication City Council Meeting: April 7, 2014 Prepared: April 2, 2014 Dept. Head Signature: Joe Leibold, Police Captain # of Attachments: Two SUBJECT: 3rd Annual Kittrell Elementary 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: May 3rd, 2014 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 Mitchell. They estimate approximately 100 runners. They will be responsible to hire two off duty officers for assistance. 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: Kittrell Elementary School C/O Holli Rutherford 1755 W 11th St Waterloo, IA 50701 319-433-2920 March 27, 2014 Waterloo Police Department C/O Captain. Joe Leibold 715 Mulberry Street Waterloo, IA 50703 To Whom It May Concern: Kittrell Elementary School is sponsoring their 3rd annual 5K race. This year we would like to do the race on Saturday, May 3, 2014. The race will start at 9:00 at Kittrell Elementary and will run through the streets. We have tried to keep the course the same as the one from last year that the city re-routed to keep runners off of main streets. As I understand it, we will need police escorts during this time. I hope this will be possible from your department. This is an annual event that we are planning to do each year to help raise money for our school to benefit our students. Please get a hold of me by email or phone to let me know if everything is good to go with this 5K and/or what else I need to do. Please let me know if anything else is needed and I will gladly help. Thanks for your help, Holli Rutherford rutherfordh@waterlooschools.org 319-433-2920 Enclosed: MAP eavar _L 0 rh Bench Ave g CL 37- < For ow. Me %Thorne Ave I lawthonie Ave RyrnAv alenny Ave Liberty Ave Ninon Ave tche II Ave 0 Bniirkonri54 Ave a CnrwI Ave Lorre-1111E Ave aAv puoulLueH Patton Ave I L." Enron Ave (Is s.: 0 -ET Locke Ave Lorena Ave Wisner Dr Lindner Dr °resort Fid its Li21)1141 Ave Gunny Ave Williston Ave 13erteh Ave tf) lav Brim Ave Ef? I. berry Ave Potion Ave Mitchell Ave 3' CD 0 Tli 3 to LA er, I lormid Ave Marra Park Fasitut r - to -D 0 1 to Lx. 3 a. tr, L toto '6? Hawthorne Ave ..., .. \ 1 LI•vraii Ave I edillac 0 . ..,...,t Lanes , - 4 • , co iterral Ave \ Clt i i -11 — 0. i • - II to E Mitchell Aye ,i'. E Mil cher I Ave Lt. bourland Ave XI, •trl- -0' 0 ZT 1. 1 S Cornwall Ave to ..... 0 c 5 - CO 7 , 7 - ' 0 Lorraine VD Easton Ave LoTerg"Sh L De ke Ave Howard Ave IIava t.o ne 2 • 1;1 ' ev rD Gs' svocke Ave 0. /MI E Ridgeway Ave aesoti f4{I ce) II Ave Super 8 WEtterki0 - Brurnont Inn and Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-208 RESOLUTION APPROVING REQUEST OF KITTRELL ELEMENTARY SCHOOL TO HOLD ANNUAL 5K RUN/WALK EVENT ON MAY 3, 2014. WHEREAS, Kittrell Elementary School has requested that they be allowed to hold an annual 5K Run/Walk event on May 3, 2014, together with the approval of the Director of Safety Services, and WHEREAS, said event will begin at 9:00 a.m., with the route to start and end at Kittrell Elementary School located at 1304 Oregon Street. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the request of Kittrell Elementary School to hold an annual 5K Run/Walk event on May 3, 2014 beginning at 9:00 a.m., with the route to start and end at Kittrell Elementary School located at 1304 Oregon Street, be and the same is hereby approved. PASSED AND ADOPTED this 7th day of April, 2014. Ernest G. Clark, Mayor ATTEST: Suzy Sch.res, CMC City Cle 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 C FA E s I ©WA MINIPSWINIMIE COMMUNITY PLANNING AND DEVELOPMENT. 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (31 9) 291-4366 Fax (319) 291-4262 . NOEL C. ANDERSON, Community Planning & Development Director Council Communication City Council Meeting: A Prepared: April 1. 2014 Dept. Head Signature: — # of Attachments: 2 SUBJECT: CLURA application for tax exemptions for a new single family dwelling construction located at 639 E San Maman Dr, Waterloo, Iowa 50702. Submitted by: Noel Anderson- Community Planning & Development Director Recommended City Council Action: Resolution approving CLURA application from Gazim Rekic for the construction of a single family home located at 639 E San Marnan Dr., Waterloo, Iowa 50702, Valued at $222,800 and authorize Mayor and City Clerk to execute said documents. Summary Statement: The Planning, Programming, and Zoning Commission staff has reviewed this application and feels that the project qualifies for exemptions from taxes on the actual value added to Residential property under the City Limits Urban Revitalization Area Plan. ADDRESS 639 E San Marnan Dr., Waterloo, Iowa 50702 LEGAL DESCRIPTION Sturdy Addition Lot 40 Expenditure Required: N/A Source of Funds: N/A Policy Issue: CLURA Alternative: N/A Attachment(s) cc: Noel Anderson, Community Planning & Development Director Aric Schroeder, City Planner Adrienne Voelker, Associate Planner CITY WEBSITE: www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer ;'A TERL00's CITY LIMITS URBAN REVITALIZATION APPLICATION FOR PROPERTY TAX EXEMPTION FOR CONSTRUCTION OF NEW ONE OR TWO FAMILY DWELLINGS UNDER THE PROVISIONS OF THE CITY LIMITS URBAN REVITALIZATION AREA PLAN ADOPTED BY THE CITY COUNCIL OF THE CITY OF WATERLOO. The City Limits Urban Revitalization Area (CLURA) allows property tax exemptions for newly constructed one or two family dwellings (single family homes or duplex/twin homes) that meet the following criteria: 1. Be located within the CLURA boundaries (a map of which can be obtained from the City of Waterloo Community Planning & Development Department.) 2. This application must be filed with City prior to the lst working day of February following the year when the improvements are completed to comply with the timeline of the State Code of Iowa, Section 404.4 unnumbered paragraph 2. However, a single application may be filed upon completion of an entire project requiring more than one year to construct or complete, providing prior approval has been granted by the City Council or County Board of Supervisors. Please fill out the following information for your application to be submitted to the City Council. Projects started prior to the adoption date of July 18, 2011 do not qualify. NAME: erc? 11�� C- SIGNATURE: ADDRESS: Qt E Soy\ Rc rr A TELEPHONE: 3101 - COt-F�3 'i DATE: ` 3 I L€ A. What is the Address of the property being improved? What is the Legal Description of the property? (May be available at County Recorder's Office on 2nd flocFr SL.2�1( G go. Zal ;het 59 c3c rpt ,, QF flC;✓2 De4., B. What was the nature of the improvement(s)? (must be single family homes or duplex/twin homes to qualify) C. City of Waterloo Building and Inspections Department Information: Ptxij F - Permit Number: c b 13,0660 94 s Date permit was issued: i "e9N14 —13 Total permit(s) valuation: D. What was the cost of the new construction? E. Estimated or actual date of completion of this new construction? ,;:1 191/4 CITY OF WATERLOO APPROVED DENIED DATED: RESOLUTION NO: BLACK HAWK COUNTY ASSESSOR APPROVED DENIED DATED: Tami McFarland Black Hawk County Assessor Note: City Council approval does not guarantee tax exemptions. The application must be reviewed and approved by the Black Hawk County Assessor's Office for criteria eligibility. 'Page 1 of 1 BLACK HAWK COUNTY ABSTRACT COMPANY REAL ESTATE TRANSFER TAX PAID 6TIUAP $ (3(0 ,00 PATRICIA S. SASS E RECORDER ► l - ) -0 ko BLACK HAWK DATE COUNTY Document Number. 2007010578 Date: Nov 07, 2006 1:18:52 pm Aud Fee: 5.00 Rec Fee: 5.00 Trans Tax: 36.00 Rec Management Fee: 1.00 E -Com Fee: 1.00 Non -Standard Page Fee: 0.00 Filed for record in Black Hawk County, Iowa Patricia S. Sass, County Recorder Refund: 5.00 Prepared By: Eric W. Johnson, P.O. Box 178, Waterloo, IA 50704-0178 (319)234-1766 After Recording Return To: Farmers State Bank, 1009 Peoples Sq., Waterloo, IA 50702 Address Tax Statement to: Cazim Rekic, 3750 Pheasant Ln, Waterloo, IA 50701 WARRANTY DEED - JOINT TENANCY For the consideration of One ($1.00) Dollar and other valuable consideration, Lori J. Linkenmeyer, a single person, does hereby Convey to Cazim Rekic and Seherzada Begic, as Joint Tenants with Full Rights of Survivorship, and not as Tenants in Common, the following described real estate in Black Hawk County, Iowa: Lot No. 40 in Sturdy Addition to Waterloo, Iowa. Subject to restrictions, easements, covenants, ordinances, and limited access provisions of record. Grantors do Hereby Covenant with grantees, and successors in interest, that grantors hold the real estate by title in fee simple; that they have good and lawful authority to sell and convey the real estate; that the real estate is free and clear of all liens and encumbrances except as may be above stated; and grantors Covenant to Warrant and Defend the real estate against the lawful claims of all persons except as may be above stated. Each of the undersigned hereby relinquishes all rights of dower, homestead and distributive share in and to the real estate. Words and phrases herein, including acknowledgment hereof, shall be construed as in the singular or plural number, and as masculine or feminine gender, according to the context. it/o2/c Dated: State of Iowa County of Black Hawk ) )ss Lori J. Li enure er RAQUEL R. OBERHEU Commission Number 730070 My Commission lres: 1-4-1- This instrument was acknowledged before me on this by Lori J. Linkenmeyer, a single person. day of 6 V'eirrvl..k j` , 2006, ...... �.- .�. r I A/A. CC Prepared by DeAnne Kobliska, Administrative Secretary, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, 319-291-4323. RESOLUTION NO. 2014-209 RESOLUTION APPROVING APPLICATION WITH CAZIM REKIC FOR TAX EXEMPTIONS ON THE CONSTRUCTION OF A NEW SINGLE FAMILY HOME VALUED AT $222,800.00 FOR PROPERTY LOCATED AT 639 E SAN MARNAN DRIVE IN THE CITY LIMITS URBAN REVITALIZATION AREA (CLURA), IN THE CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA. WHEREAS, Cazim Rekic has submitted an application dated March 31, 2014 to the City Council of the City of Waterloo, Iowa, requesting to receive tax exemptions for the construction of a new single family home valued at $222,800.00 for property located at 639 E San Marnan Drive, more fully described as follows: Lot No. 40, in Sturdy Addition, Waterloo, Black Hawk County, Iowa. Subject to easements, restrictions, covenants, ordinances and limited access provisions of records; and, WHEREAS, said property is located within the designated City Limits Urban Revitalization Area (CLURA) in Waterloo, Iowa, as previously established by the City Council of the City of Waterloo, Iowa, and WHEREAS, the new construction project respecting said property is in conformance with the City Limits Urban Revitalization Area (CLURA) Plan as officially adopted by the City Council for the City of Waterloo, Iowa, and WHEREAS, the new construction on said property was made during the time in which such improvements are eligible for the tax exemption as set forth in the City Limits Urban Revitalization Area (CLURA) Plan as adopted by the City Council of the City of Waterloo, Iowa, and as set forth in the Urban Revitalization Act as adopted by the Legislature of the State of Iowa and signed by the Governor of the State of Iowa, and WHEREAS, said applicant is requesting the following three- year exemption schedule: For the first year For the second year For the third year 100% 100% 100% NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, that said application is hereby approved and the City Clerk is hereby authorized and directed to forward said application and a copy of this resolution to the Assessor. PASSED AND ADOPTED this 7th d April, 2014. Ernest G. Clark, Mayor ATTEST: uzy Sc ares, CMC City Clerk TRAVEL REQUEST CITY OF WATERLOO FINANCE DEPT. LINE ITEM USED FY _2014_ BUDGETED EXPENDED YTD THIS REQUEST LEFT AFTER THIS REQUEST DATE Original - Clerk/Finance STAFF ONLY 010-11-1100-1346 4/,OOO'' /86f .?%'U.f 3 /41--"W Copy - Department NAME(S) AND POSITION(S): Officer Shawn Bram DATE: March 14, 2014 NAME OF CLASS / MEETING: Hazardous Device School DESTINATION: Huntsville, Alabama DEPARTURE POINT IF NOT WATERLOO: DEPARTURE DATE: May 11,2014 Return Date: May 17,2014 DATE(S) OF MEETING: May 12-16,2014 PURPOSE OF TRAVEL: Lt Cirksena is requesting authorization to send Officer Shawn Bram to the Hazardous Device School at the Hazardous Device School Facility on May 12-16, 2014 in Huntsville, Alabama. Officer Bram is a certified Hazardous Device (Bomb) Technician for the Waterloo Police Department. This 5 -Day school is a mandatory re -certification school for Officers who are certified to dismantle hazardous devices. The FBI will pay for flight & lodging directly and will reimburse the Officer directly for his meals. The only cost to the city will be for a rental car while the Officer is in Alabama. WILL TRAVEL REQUIRE ADDITIONAL PERSONNEL: x COST $ YES NO METHOD OF TRAVEL: CITY VEHICLE PRIVATE VEHICLE AIRFARE DEPARTING FROM: ESTIMATE OF COST: $0.00 LODGING $ 150.00 Rental car $0.00 MEALS PARKING $0.00 REGISTRATION AIRFARE $50.00 MILEAGE/FUEL MISC/TOLLS TOTAL FOR ALL: $ 200.00 BUDGET LINE ITEM: x GRANT REIMBURSABLE YES NO x REQUIRED CERTIFICATION YES NO TOTAL: $ 200.00 PER PERSON I BELIEVE THIS TRIP SERVES A PUBLIC PURPOSE AND IS NECESSARY AND BENEFICIAL TO THE CITY OF WATERLOO /a, DEPARTMENT HEAD MAYOR I APPROVE THIS TRAVEL REQUEST H. DATE �,�e zoic TRAVEL REQUEST CITY OF WATERLOO FINANCE DEPT. LINE ITEM USED FY _2014 BUDGETED EXPENDED YTD THIS REQUEST LEFT AFTER THIS REQUEST DATE Original - Clerk/Finance STAFF ONLY 010-11-1100-1346 � ,von `- 4/3 608 »7�J £-/ a&/'f Copy - Department NAME(S) AND POSITION(S): Officer Joe Saunders DATE: March 14, 2014 NAME OF CLASS / MEETING: Midwest Cycle Intelligence Conference DESTINATION: Urbana, Illinois DEPARTURE POINT IF NOT WATERLOO: DEPARTURE DATE: May 20,2014 Return Date: May 22, 2014 DATE(S) OF MEETING: May 21-22,2014 PURPOSE OF TRAVEL: Lt Cirksena is requesting authorization to send Officer Joe Saunders to the Midwest Cycle Intelligence Conference at the East Central Illinois Police Training Center on May 21-22, 2014 in Urbana, Illinois. Officer Saunders is the Iowa Chapter President for Midwest Cycle Intelligence Organization. This 2 -Day conference will provide training in intelligence gathering on Outlaw motorcycle gangs and current trends in the illegal activities of outlaw biker gangs. Along with the training there will be an executive board meeting for all the state chapters of this organization. There is no registration cost associated with this training. The only cost will be food, fuel, and lodging. 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: $150.00 LODGING $113.00 MEALS $0.00 REGISTRATION $150.00 MILEAGE/FUEL TOTAL FOR ALL: $ 413.00 TAXI PARKING AIRFARE MISC/TOLLS BUDGET LINE ITEM: x GRANT REIMBURSABLE YES NO x REQUIRED CERTIFICATION YES NO TOTAL: $ 413.00 PER PERSON I BELIEVE THIS TRIP SERVES A PUBLIC PURPOSE AND IS NECESSARY AND BENEFICIAL TO THE CITY OF WATERLOO DEPARTMENT HEAD DATE I APPROVE THIS TRAVEL REQUEST MAYOR DAr��'"'L 7, 2ei5� CITY OF WATERLOO Council Communication City Council Meeting: April 7, 2014 Prepared: March 25, 2014 Dept. Head Signature: -----4,-- # of Attachments: SUBJECT: Appointment of Travis Ross to the position of Waste Services Technician from the current Civil Service List. This appointment is effective April 8, 2014 pending completion of pre-employment physical, Submitted by: Mark Rice, Public Works Director Recommended City Council Action: Approve Appointment Summary Statement: The Human Resources Committee approved filling this vacancy at their March 24, 2014 meeting. The Civil Service Commission certified the list for this position at their November 22, 2013 meeting. Expenditure Required: $23.14 per hour Source of Funds: Sanitation Operational Budget Policy Issue Alternative Background Information: This vacancy was created by an employee (Myers) leaving. The Personnel Requisition Committee approved the filling of this position on March 13, 2014. The Human Resource Committee approved the filling of this position on March 24, 2014. The Civil Service Commission certified the list of applicants at their November 22, 2013 meeting. CITY OF WATERLOO Council/Committee Communication Committee Meeting: April 7, 2014 Prepared: March 28, 2014 Dept. Head Signature: # of Attachments: 1 SUBJECT: Re -appointment of Julie Koch-Hoth to Leisure Services Commission. Submitted by: Mayor Buck Clark Recommended City Council Action: Approval Summary Statement Expenditure Required Source of Funds Policy Issue Alternative Background Information: • Ms. Koch-Hoth's 2nd term will expire on 3/1/17. BONDS FOR COUNCIL APPROVAL APRIL 7, 2014 RIGHT OF WAY CONSTRUCTION BOND (EXPIRES 4/30/15) OPERATION THRESHOLD, INC. DON MILLER dba DON MILLER CONSTRUCTION ALAN EVEN dba AL'S KOUNTRY CONSTRUCTION, LLC RUSTY E. BARKER dba THE WELD DOCTOR COUNTRY BUILDERS CEDAR VALLEY LAWN CARE CHRISTONE, INC. HUFF CONTRACTING, INC. FAILOR HURLEY CONSTRUCTION IOWA HEARTLAND HABITAT FOR HUMANITY S & D CONSTRUCTION, LLC PM SYSTEMS CORPORATION dba PATE ASPHALT CHAD KARR MANATT'S, INC. LES SPEARE dba SPEARE CONSTRUCTION WEST UNION TRENCHING, LLC LARRY AND COMPANY, INC. -LARRY A. RUST Q3 CONTRACTING, INC. IA 580415 IA 596835 7900384431 IA 897493 7900314398 IA 595193 BD 7900550868 BD 0000054805 7900402302 BD 0000546550 IA 655093 IA 597492 IA 560322 IA 594846 IA 577627 SY56900 RLI0618722 82326609 AMOUNT: $5,000.00 WATERLOO, IA WATERLOO, IA JESUP, IA WATERLOO, IA JANESVILLE, IA WATERLOO, IA WATERLOO, IA WATERLOO, IA WATERLOO, IA WATERLOO, IA WATERLOO, IA MARION, IA WATERLOO, IA BROOKLYN, IA WATERLOO, IA WEST UNION, IA RAYMOND, IA LITTLE CANADA, MN CITY OF WATERLOO, IOWA CITY ATTORNEY'S OFFICE 715 Mulberry Street • Waterloo, IA 50703 • (319) 291-4327 Fax (319) 291-4286 April 2, 2014 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 2, 2014. Of the 18 bonds submitted, 17 were approved and 1 was rejected, as shown on the attached list. Very truly yours, d R. Zellhoefer Assistant City Attorney DRZ:sda CITY WEBSITE: www.cityofwaterlooiowa.com WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer BONDS FOR COUNCIL APPROVAL APRIL 7, 2014 RIGHT OF WAY CONSTRUCTION BOND (EXPIRES 4/30/15) AMOUNT: $5,000.00 IA 580415 IA 596835 7900384431 IA 897493 7900314398 IA 595193 BD 7900550868 BD 0000054805 7900402302 BD 0000546550 IA 655093 IA 597492 � -IA 560322 IA 594846 IA 577627 SY56900 RLI0618722 82326609 OPERATION THRESHOLD, INC. DON MILLER dba DON MILLER CONSTRUCTION ALAN EVEN dba AL'S KOUNTRY CONSTRUCTION, LLC RUSTY E. BARKER dba THE WELD DOCTOR COUNTRY BUILDERS CEDAR VALLEY LAWN CARE CHRISTONE, INC. HUFF CONTRACTING, INC. FAILOR HURLEY CONSTRUCTION IOWA HEARTLAND HABITAT FOR HUMANITY S & D CONSTRUCTION, LLC PM SYSTEMS CORPORATION dba PATE ASPHALT CHAD KARR MANATT'S, INC. LES SPEARE dba SPEARE CONSTRUCTION WEST UNION TRENCHING, LLC LARRY AND COMPANY, INC. -LARRY A. RUST Q3 CONTRACTING, INC. Need C rri- a-oLdi-e r/ %/11:2-20, WATERLOO, WATERLOO, JESUP, WATERLOO, JANESVILLE, WATERLOO, WATERLOO, WATERLOO, WATERLOO, WATERLOO, WATERLOO, MARION, WATERLOO, BROOKLYN, WATERLOO, WEST UNION, RAYMOND, LITTLE CANADA, IA IA IA IA IA IA IA IA IA IA IA IA IA IA IA IA IA MN 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 CIT If OF WATER IOWA COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319) 2.91-6366 Fax (319) 291-4262 . NOEL C. ANDERSON, Community Planning of De rio anent Director Rescheduled to April 7, 2014 CITY OF WATERL 0 Council Communication �� City Council Meeting: March 10, 2014 Prepared: March 5, 2014 ,��_._ Dept. Head Signature: Noel Anderson, Community Planning & Development Director # of Attachments: 1 SUBJECT: Request to set a date of public hearing as March 24, 2014 to enter into a Master Development Agreement and Supplemental Development Agreement with Grand Investments, LLC to authorize the sale and conveyance of a portion of City owned property for $1.00 commonly known as the former Grand Hotel site, at West Mullan Avenue and Jefferson Street, for the construction of an approximate 70 -unit condominium development with an estimated actual value of $6 million, with 20 years at 42% tax rebates. Submitted by: Noel Anderson, Community Planning & Development Director Recommended City Council Action: Approval of request Summary Statement: Transmitted herewith is a request to set a date of public hearing as March 24, 2014 to enter into a development agreement with Grand Investment, LLC (Brent Dahlstrom) to authorize the sale and conveyance of City owned property for $1.00, formerly known as the Grand Hotel site. Note — there are two development agreements — one is a Master Development Agreement setting forth three phases of development for the entire grand hotel site area, including the potential acquisition of IDOT land. This agreement would allow Grand Investments, LLC the security for future design work, future planning, and future work towards securing tenants and financing for the next two phases of development, as long as they meet the timeline of phased development. The second agreement deals specifically with the Phase I development, and similar Supplemental Agreements would be accompanied with each phase of development to allow the City Council to review and approve each specific design and use of each development phase. The property in question was acquired due to the dilapidated and flood -damaged state of the former Grand Hotel for future redevelopment. This project would be in accordance with that redevelopment goal, and in accordance with the Downtown Master Plan for bringing additional residential opportunities to Downtown Waterloo. The site will need to be rezoned for development to occur. CITY WEBSITE: www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equa! Opportunity/Affirmative Action Employer The phases of development are spread out to allow a first phase to be completed, and time for a second phase to be designed, and then a third. There are some State Enterprise Zone incentives (tax credits) that are a part of this project as well, that are being finalized to fully determine its start date. There are also brownfield tax credits from the State of Iowa to help this project as well. Therefore, we would ask that the City Council set a date of public hearing, and publish and official notice pertinent to the request to sell and convey the area described herein. Expenditure Required. None Source of Funds: N/A Policy Issue: Sale of City Property and Economic Development Alternative: Background Information: The City of Waterloo has been working to actively gain new multi -story residential developments in and near Downtown Waterloo to bring more residents, visitors, and attractions to Downtown Waterloo. This Development Agreement is structured similar to the Development Agreement that was offer to the Sherman project on the riverfront, in terms of multi -phases, tax incentives, and sale of property. The City acquired the site for $800,000 and demolished the building upon the site. The Phase I project, would still pay an estimated $73,080 per year in taxes, with additional phases to follow. Cc: Jim Walsh, City Atomey Aric Schroeder, City Planner --file— Preparer Information: Christopher S. Wendland, PO Box 596, Waterloo, Iowa 50704 (319) 234-5701 Name Address City Phone MASTER DEVELOPMENT AGREEMENT This Master Development Agreement (the "Agreement") is entered into as of February 27, 2014, 2014 by and between Grand Investments, LLC (the "Company") and the City of Waterloo, Iowa (the "City"). Brent Dahlstrom is a principal of Company and executes the personal guaranty at the end of this Agreement for the purposes stated therein. RECITALS A. City considers economic development within the City a benefit to the community and is willing for the overall good and welfare of the community to provide financial incentives so as to encourage that goal. B. Company is willing and able to finance and construct buildings and related improvements on property located in the Downtown Urban Renewal and Redevelopment Plan area, generally located on the southwesterly side of Jefferson Street, bounded by W. Mullan Avenue and Westfield Avenue, and legally described on Exhibit "A" attached hereto (the "Property"). AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. Phased Development. The parties contemplate that Company will develop the Property in phases corresponding to the specific lots as generally depicted on Exhibit "B" attached hereto. Each phase is generally described as follows, although more detailed plans for each phase will be developed at one or more future dates: A. Phase 1. An apartment building consisting of ``F, above -ground floors and not less than 62u units comprising `;3` total square feet, and related parking, landscaping, and other improvements. Phase 1 improvements will be located upon the area shown as "Lot 1" on Exhibit "B." DEVELOPMENT AGREEMENT Page 2 B. Phase 2. A mixed-use commercial building consisting of not less than square feet, and related parking, landscaping and other improvements. Phase 2 improvements will be located upon the area shown as "Lot 2" on Exhibit "B." C. Phase 3. Plans have yet to be developed for the area shown as "Lot 3" on Exhibit "B." In connection with each separate phase, Company and City agree to enter a development agreement supplemental to this Agreement and to enter into a minimum assessment agreement as described in Section 13 below. City may require that Company submit specific building designs and site plans for City review and approval as a condition to approval of a supplemental development agreement applicable to a given phase. Improvements to the Property completed within the schedule established by Section 4 below will be eligible for the benefits provided for in this Agreement, and any part of the Improvements not completed within the prescribed period will not be eligible for said benefits. 2. Sale of Property; Title. Subject to the terms hereof, City shall convey the Property, or cause it to be conveyed, to Company in separate transactions on a phase - by -phase basis as set forth herein, for the sum of $1.00 (the "Purchase Price") for that part of the Property subject to each phase (each a "Phase Area"). Conveyance shall be by quit claim deed, free and clear of all encumbrances arising by or through City except: (a) easements, conditions and restrictions of record which do not, in Company's opinion, interfere with Company's proposed use; (b) current and future real estate real property taxes and assessments subject to the agreements made herein; (c) general utility and right-of-way easements serving the Property; and (d) restrictions imposed by City zoning ordinances and other applicable law. City shall have no duty to convey title to Company until Company delivers to City reasonable and satisfactory proof of financial ability to undertake and carry on the next phase of the Project (defined below), which may take the form of a lending commitment letter. Company shall, at its own expense, prepare an updated abstract of title, or in lieu thereof Company may, at its own expense, obtain whatever form of title evidence it desires. If title is unmarketable or subject to matters not acceptable to Company, and if City does not remedy or remove such objectionable matters in timely fashion following written notice of such objections from Company, Company may terminate this Agreement. City shall provide any title documents it currently has in its possession, including any abstracts, to assist in title preparation. Company shall, at its sole expense, undertake all work of surveying necessary to subdivide the Property into distinct Phase Areas, and all other survey or platting work necessary or desirable for Company's Project purposes. 3. Improvements by Company. Company shall construct on each Phase Area the improvements described in Section 1 above, including related parking, landscape, and other improvement to the buildings and grounds (collectively, the "Improvements"). Parking for each phase of Improvements shall meet City's minimum requirements based on building use, occupancy, and future intended development on the Property. The Improvements shall be constructed in accordance with all applicable DEVELOPMENT AGREEMENT Page 3 City, state, and federal building codes and shall comply with all applicable City ordinances and other applicable law. It is contemplated that the Improvements for a given phase will have a cost as set forth in the supplemental development agreement applicable to that phase. The Property, the Improvements, and all site preparation and development -related work to make the Property usable for Company's purposes as contemplated by this Agreement are collectively referred to as the "Project". 4. Timeliness of Conveyance and Construction; Possibility of Reverter. The parties agree that Company's commitment to undertake the Project and to construct the Improvements in a timely manner constitutes a material inducement for the City to convey the Property, or to cause the Property to be conveyed, to Company and that without said commitment City would not do so. A. Deadlines to commence and complete. Subject to the terms of this Agreement, Company may request conveyance of a Phase Area at any time before the following deadlines: Phase 1 conveyance deadline: November 30, 2014 Phase 2 conveyance deadline: November 30, 2017 Phase 3 conveyance deadline: November 30, 2020 Construction of Improvements for each phase must begin within the time set forth in this paragraph, or Company's right to acquire any Phase Area not yet conveyed to Company will expire. Measured from the date that any Phase Area is deeded to Company, Company must obtain a building permit and begin construction on the corresponding phase within nine (9) months. Construction of each phase shall be completed within twelve (12) months of its commencement. B. Events triggering reverter of title. (i) If Company has not, in good faith, begun the construction of any phase of the Improvements on said schedule, then title to the applicable Phase Area shall revert to the City, except as provided in this Agreement; provided, however, that if construction has not begun at the end of any phase commencement period but the development of the Project is still imminent, the City Council may, but shall not be required to, consent to an extension of time for the construction of the Improvements, and if an extension is granted but construction of the Improvements has not begun within such extended period, then the title to the applicable Phase Area shall revert to the City after the end of said extended period. (ii) If Company determines at any time that the Project is not economically feasible, then after giving thirty (30) days' advance written notice to City, Company may convey the applicable Phase Area(s) to City by special warranty deed, free and clear of any lien, claim, or encumbrance arising by or through Company, and thereupon neither party shall have any further obligation under this Agreement except as DEVELOPMENT AGREEMENT Page 4 expressly provided. In connection with any conveyance to City, Company shall pay in full, so as to discharge or satisfy, all liens, claims, charges, and encumbrances on or against the Property or any Phase Area. (iii) If development has commenced within the required period or any extended period and is stopped and/or delayed as a result of an act of God, war, civil disturbance, court order, labor dispute, fire, or other cause beyond the reasonable control of Company, the requirement that construction of any phase or of the entire Project shall be tolled for a period of time equal to the period of such stoppage or delay, and thereafter if construction is not completed within the allowed period of extension then title to the Phase Area(s) shall revert to the City. C. Extension of time. The parties acknowledge that Company may apply to the Iowa Economic Development Authority ("IEDA") to obtain for Enterprise Zone credits for one or more phases of the Project. As to any Project phase for which such an application is timely filed and diligently pursued to completion by Company, the deadline for completion of construction of such phase will be extended to account for any delays in IDEA's processing of Company's credit application. 5. Regulatory Approvals. Company acknowledges and agrees that the Project will require Company to obtain various approvals from the City of Waterloo and/or other applicable governmental authorities, including but not limited to zoning, site plan, subdivision, building permit and other approvals required or necessary for Company's proposed Improvements to the Property. To optimize coordination of Project plans and development with such approvals, Company agrees to participate regularly and in good faith in the project management/design-build management (PMT/DBMT) process applicable to the Property for design issues, landscape design, parking, construction documents, and other matters. 6. Platting and Release. Company may, in consultation with City, plat the Property or Phase Areas if reasonably necessary for purposes of the Project, at Company's sole expense. In connection with any sale by Company of that part of the Property corresponding with a completed phase of Improvements, City agrees to release such part of the Property from the conditions and restrictions set forth in this Agreement. A release of any such part of the Property shall not affect the continued effectiveness and enforceability of this Agreement as to any part of the Property that is not specifically released. 7. Easements. Company agrees, at its sole expense, to prepare and record one or more documents to create easements for the benefit of the Phase 2 and Phase 3 areas, allowing pedestrian and vehicular ingress and egress upon and across the Phase 1 area, and to designate a portion of the Phase 1 area as joint -use parking with the occupants and patrons of the Phase 2 and Phase 3 areas, generally as shown on Exhibit "B" attached hereto with the specific location and dimensions to be determined DEVELOPMENT AGREEMENT Page 5 by later instrument. Each such document shall be submitted to City for review and approval before recording. 8. Reverter of Title; Indemnity. Title shall not revert to City as to any phase of Improvements that has been substantially completed. In the event of any reverter of title, Company agrees that it shall, at its own expense, promptly execute all documents, including but not limited to a special warranty deed, or take such other actions as the City may reasonably request to effectuate said reverter and to deliver to City title to the Property that is free and clear of any lien, claim, or encumbrance arising by or through Company. Company shall pay in full, so as to discharge or satisfy, all liens, claims, charges, and encumbrances on or against the Property or any portion thereof. If Company fails to deliver such documents, including but not limited to a special warranty deed, to City within thirty (30) days of written demand by City, then City shall be authorized to execute, on Company's behalf and as its attorney-in-fact, the special warranty deed required by this Section, and for such limited purpose Company does hereby constitute and appoint City as its attorney-in-fact. Company further agrees that it shall indemnify City and hold it harmless with respect to any demand, claim, cause of action, damage, or injury made, suffered, or incurred as a result of or in connection with the Project, Company's failure to carry on or complete same, or any lien, claim, charge, or encumbrance on or against the Property or any Phase Area of any type or nature whatsoever that attaches to the Property or a Phase Area by virtue of Company's ownership of same. If City files suit to enforce the terms of this Agreement and prevails in such suit, then Company shall be liable for all legal expenses, including but not limited to reasonable attorneys' fees. Company's duties of indemnity pursuant to this Section shall survive the expiration, termination or cancellation of this Agreement for any reason. 9. No Encumbrances; Limited Exception. Until completion of the Improvements, Company agrees that it shall not create, incur, or suffer to exist any lien, encumbrance, mortgage, security interest, or charge on the Property or any Phase Area, other than such mortgage or mortgages as may be reasonably necessary to finance Company's completion of the Improvements and of which Company notifies City in advance of Company's execution of any such mortgage. Company may not mortgage the Property or any Phase Area for any purpose except in connection with financing of the Improvements. 10. Bonds. Reserved. 11. Utilities. Company will be responsible for extending water, sewer, telephone, telecommunications, electric, gas and other utility services to any location on the Property and for payment of any associated connection fees. DEVELOPMENT AGREEMENT Page 6 12. City Activities in Aid of act. A. Rebates. City shall provide property tax rebates as further set forth in Section 14 below. B. Acquisition of Property. The parties acknowledge that the Phase Area identified as Lot 3 on Exhibit "B" is currently owned by the State of Iowa or another state agency. City agrees to make reasonable efforts to acquire said property from the current owner(s) thereof within 24 months of City's conveyance of the Phase 2 area to Company. C. Tax credit assistance. City agrees to support Company's applications for enterprise zone credits and brownfield/grayfield tax credits and to assist Company in making application for such credits. 13. Minimum Assessment Agreement. Company acknowledges and agrees that it will pay when due all taxes and assessments, general or special, and all other charges whatsoever levied upon or assessed or placed against any portion of the Property conveyed to Company hereunder. In connection with each phase of Improvements, and as a condition to receiving the benefits provided for in this Agreement, Company agrees to execute a minimum assessment agreement substantially in the form attached hereto as Exhibit "C." Company further agrees that prior to the date set forth in Section 2 of such minimum assessment agreement it will not seek or cause a reduction in the taxable valuation for the Property, which shall be fixed for assessment purposes, below the amount stated in the minimum assessment agreement applicable to a given phase (the "Minimum Actual Value"), through: either; (i) willful destruction of the Property, the Improvements, or any part of (ii) a request to the assessor of Black Hawk County; or (iii) any proceedings, whether administrative, legal, or equitable, with any administrative body or court within the City, Black Hawk County, the State of Iowa, or the federal government. 14. Tax Rebates. For each Phase Area, provided that Company has completed the Improvements as set forth herein and has executed a minimum assessment agreement as set forth in Section 14, City agrees to rebate property tax (with the exceptions noted below) as follows: Year One through Year Twenty 42% rebate each year for any taxable value over the January 1, 2013 value. The taxable value of the Property as of January 1, 2013 is $201,140.00, which will be allocated proportionately to each Phase Area, based on square footage of the Phase Area, in the applicable supplemental development agreement as the Phase Areas become more clearly DEVELOPMENT AGREEMENT Page 7 identified. Rebates are payable in respect of a given year only to the extent that Company has actually paid general property taxes due and owing for such year. To receive rebates for a given year, Company must, within twelve (12) months after the tax payment due date, submit a completed rebate request to City on the form provided by or otherwise satisfactory to City. The taxable value of the Property as a result of the Improvements must be increased by a minimum of 10% and must increase the annual tax by a minimum of $500.00. This rebate program is not applicable to any special assessment levy, debt service levy, or any other levy that is exempted from treatment as tax increment financing under the provisions of applicable law. The first year of in which a rebate may be given ("Year One") shall be the first full year for which the assessment is based upon the completed value of the Improvements in the Phase Area, and in any event not based on a prior year for which the assessment is based solely upon (x) the value of the Property or a Phase Area or upon (y) the value of the Property or a Phase Area and a partial value of the Improvements due to partial completion of the Improvements or a partial tax year. 15. Representations and Warranties of City. City hereby represents and warrants as follows: A. City is not prohibited from consummating the transaction contemplated in this Agreement by any law, regulation, agreement, instrument, restriction, order or judgment. B. Each person who executes and delivers this Agreement and all documents to be delivered hereunder is and shall be authorized to do so on behalf of City. 16. Representations and Warranties of Company. Company hereby represents and warrants as follows: A. Company is not prohibited from consummating the transaction contemplated in this Agreement by any law, regulation, agreement, instrument, restriction, order or judgment. B. Company is duly organized, validly existing, and in good standing under the laws of the state of its organization and is duly qualified and in good standing under the laws of the State of Iowa. C. Company has full right, title, and authority to execute and perform this Agreement and to consummate all of the transactions contemplated herein, and each person who executes and delivers this Agreement and all documents to be delivered to City hereunder is and shall be authorized to do so on behalf of Company. DEVELOPMENT AGREEMENT Page 8 17. Restriction on Assignment or Conveyance; Sharing of Proceeds. Company agrees that it will not sell, convey, assign or otherwise transfer, in whole or in part, to any other person or entity, its interest in any Phase Area before completion of all Improvements to be made upon such Phase Area without the prior written consent of City. Reasonable grounds for the City to withhold its consent shall include but are not limited to the inability of the proposed transferee to demonstrate to the City's satisfaction that it has the financial ability to observe all of the terms to be performed by Company under this Agreement. As a further condition to the granting of such consent, the parties agree to negotiate in good faith for Company's sharing of sale proceeds with City as partial reimbursement to City for its expenses relating to its activities in support of the Project and in assembling the Property. 18. Materiality of Company's Promises, Covenants, Representations, and Warranties. Each and every promise, covenant, representation, and warranty set forth in this Agreement on the part of Company to be performed is a material term of this Agreement, and each and every such promise, covenant, representation, and warranty constitutes a material inducement for City to enter this Agreement. Company acknowledges that without such promises, covenants, representations, and warranties, City would not have entered this Agreement. Upon breach of any promise or covenant, or in the event of the incorrectness or falsity of any representation or warranty, City may, at its sole option and in addition to any other right or remedy available to it, terminate this Agreement and declare it null and void. 19. Notices. Any notice under this Agreement shall be in writing and shall be delivered in person, by overnight air courier service, by United 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, at 715 Mulberry Street, Waterloo, Iowa 50703, facsimile number 319-291-4571, Attention: Mayor, with copies to the City Attorney and the Community Planning and Development Director. (b) if to Company, to Grand Investments, LLC, 2202 College Street, Cedar Falls, IA 50613, Attention: Brent Dahlstrom, with a copy to Eric Johnson, Esq., Beecher Law Firm, 620 Lafayette Street, Waterloo, IA 50703. Delivery of notice shall be deemed to occur (i) on the date of delivery when delivered in person, (ii) one (1) business day following deposit for overnight delivery to an overnight air courier service which guarantees next day delivery, (iii) three (3) business days following the date of deposit if mailed by United States registered or certified mail, postage prepaid, or (iv) when transmitted by facsimile so long as the sender obtains written electronic confirmation from the sending facsimile machine that such transmission was successful. A party may change the address for giving notice by any method set forth in this section. 20. No Joint Venture. Nothing in this Agreement shall, or shall be deemed or construed to, create or constitute any joint venture, partnership, agency, DEVELOPMENT AGREEMENT Page 9 employment, or any other relationship between the City and Company nor to create any liability for one party with respect to the liabilities or obligations of the other party or any other person. 21. Amendment, Modification, and Waiver. No amendment, modification, or waiver of any condition, provision, or term of this Agreement shall be valid or of any effect unless made in writing, signed by the party or parties to be bound or by the duly authorized representative of same, 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. 22. Severability. Each provision, section, sentence, clause, phrase, and word of this Agreement is intended to be severable. If any portion of this 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 Agreement and the remaining provisions of this 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 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. 23. Captions. All captions, headings, or titles in the paragraphs or sections of this Agreement are inserted only as a matter of convenience and/or reference, and they shall in no way be construed as limiting, extending, or describing either the scope or intent of this Agreement or of any provisions hereof. 24. Binding Effect. This Agreement shall be binding and shall inure to the benefit of the parties and their respective successors, assigns, and legal representatives. 25. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which, taken together, shall constitute one and the same instrument. 26. Entire Agreement. This Agreement, together with the exhibits attached hereto, constitutes the entire agreement of the parties and supersedes all prior or contemporaneous negotiations, discussions, understandings, or agreements, whether oral or written, with respect to the subject matter hereof. 27. Time of Essence. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties have executed this Master Development Agreement by their duly authorized representatives as of the date first set forth above. [signatures on next page] DEVELOPMENT AGREEMENT Page 10 CITY OF WATERLOO, IOWA GRAND INVESTMENTS, LLC By: By: Ernest G. Clark, Mayor Brent Dahlstrom, Manager Attest: Suzy Schares, City Clerk PERSONAL GUARANTY. The undersigned, being either an officer, shareholder, manager, or member of Company, hereby agree for themselves and their heirs, personal representatives, and assigns, to unconditionally guarantee to City, its successors and assigns, the full and prompt performance by Company, its successors and assigns, of all promises and covenants on the part of Company to be performed pursuant to the foregoing Agreement, including but not limited to the duties of indemnity set forth therein. Liability of multiple guarantors hereunder is joint and several. Brent Dahlstrom EXHIBIT "A" Legal Description of Property [insert description of entire site] Note: Legal description for purposes of conveyance will be determined at a later date. EXHIBIT "B" Aerial Depiction See attached. EXHIBIT "C" MINIMUM ASSESSMENT AGREEMENT This Minimum Assessment Agreement (the "Agreement") is entered into as of , by and among the CITY OF WATERLOO, IOWA ("City"), Grand Investments, LLC ("Company"), and the COUNTY ASSESSOR of the City of Waterloo, Iowa ("Assessor"). WITNESSETH: WHEREAS, on or before the date hereof the City and Company have entered into a Development Agreement (the "DA"), supplemental to a master development agreement entered into between said parties, regarding certain real property described therein located in the City of Waterloo; and WHEREAS, it is contemplated that pursuant to the DA, the Company will undertake the development of an area ("Phase Project") within the City and within the Downtown Waterloo Urban Renewal and Redevelopment Plan Area; and WHEREAS, pursuant to Iowa Code § 403.6, as amended, the City and the Company desire to establish a minimum actual value for the land and the building(s) pursuant to this Agreement and applicable only to the Phase Project, which shall be effective upon substantial completion of the Phase Project and from then until this Agreement is terminated pursuant to the terms herein and which is intended to reflect the minimum actual value of the land and buildings as to the Phase Project only; and WHEREAS, the City and the Assessor have reviewed the preliminary plans and specifications for the improvements (the "Improvements") which the parties contemplate will be erected as a part of the Phase Project. NOW, THEREFORE, the parties hereto, in consideration of the promises, covenants, and agreements made by each other, do hereby agree as follows: 1. Upon substantial completion of construction of the Improvements by the Company upon the real property described on Exhibit "A" attached hereto, the minimum actual taxable value which shall be fixed for assessment purposes for the land and Improvements to be constructed thereon by the Company as a part of the Phase Project shall not be less than $ « Q(33.b= (the "Minimum Actual Value") until termination of this Agreement. The parties hereto agree that construction of the Improvements will be substantially completed on or before 2. The Minimum Actual Value herein established shall be of no further force and effect, and this Minimum Assessment Agreement shall terminate, on December 31, . Nothing herein shall be deemed to waive the Company's rights under Iowa Code § 403.6, as amended, to contest that portion of any actual value assignment made by the Assessor in excess of the Minimum Actual Value established herein. In no event, however, shall the Company seek or cause the reduction of the actual value assigned below the Minimum Actual Value established herein during the term of this Agreement. The City shall not unreasonably withhold its consent to permit the Company to contest its taxable valuations in full, commencing with the assessment of January 1, 3. This Agreement shall be promptly recorded by the City with the Recorder of Black Hawk County, Iowa. The City shall pay all costs of recording. 4. Neither the preambles nor provisions of this Agreement are intended to, or shall be construed as, modifying the terms of the Development Agreement. 5. This Agreement shall inure to the benefit of and be binding upon the successors and assigns of the parties, including but not limited to future owners of the Project property. IN WITNESS WHEREOF, the parties have executed this Minimum Assessment Agreement by their duly authorized officers as of the date first set forth above. CITY OF WATERLOO, IOWA GRAND INVESTMENTS, LLC By: Ernest G. Clark, Mayor Brent Dahlstrom, Manager By: Suzy Schares, City Clerk STATE OF IOWA ) ) ss. COUNTY OF BLACK HAWK ) On this day of , 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, a municipal corporation, created and existing under the laws of the State of Iowa, and that the seal affixed to the foregoing instrument is the seal of said municipal corporation, and that said instrument was signed and sealed on behalf of said municipal corporation by authority and resolution of its City Council, and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said municipal corporation by it and by them voluntarily executed. Notary Public STATE OF IOWA ) ) ss. COUNTY OF BLACK HAWK ) Subscribed and sworn to before me on February 27, 2014, by Brent Dahlstrom as Manager of Grand Investments, LLC. /1/ 191L/3 1/S7 Notary Public BARBARA J. NOME( COMI1/4.11ISVON N.0.720408 E. M' COMMISS0T'4201pIflES IOKr CERTIFICATION OF ASSESSOR The undersigned, having reviewed the plans and specifications for the improvements to be constructed and the market value assigned to the land upon which the improvements are to be constructed for the development, and being of the opinion that the minimum market value contained in the foregoing Minimum Assessment Agreement appears reasonable, hereby certifies as follows: The undersigned Assessor, being legally responsible for the assessment of the property subject to the development, upon completion of improvements to be made on it and in accordance with the Minimum Assessment Agreement, certifies that the actual value assigned to such land, building and equipment upon completion of the development shall not be less than s N,\\�.,\(Y:3 Dollars ($ 1;60, u0o ) until termination of this Minimum Assessment Agreement pursuant to the terms hereof. Assessor for Black Hawk County, Iowa STATE OF IOWA ) ) ss. COUNTY OF BLACK HAWK ) Subscribed and sworn to before me on Date Notary Public SUPPLEMENTAL DEVELOPMENT AGREEMENT This Supplemental Development Agreement (the "Agreement") is made and entered into as of February 27, 2014 by and between Grand Investments, LLC (the "Company"), and the City of Waterloo, Iowa (the "City"). WHEREAS, City and Company are parties to that certain Master Development Agreement (the "Master Agreement") dated as of , and filed on as Doc No. in the office of the Black Hawk County Recorder, providing for the phased development of real property described therein; and WHEREAS, Company is willing and able to develop the real property described on Exhibit "A" attached hereto (the "Phase Area"). NOW, THEREFORE, in consideration of the mutual covenants hereinafter contained, Company and City agree as follows: 1. Development. It is contemplated that the Phase Area Improvements will have a total project cost of approximately $ , ,0 , and the parties hereby agree that the minimum actual value of the Phase Area which shall be fixed for assessment purposes after completion of Improvements shall be no less than $ ("Minimum Actual Value"). 2. Minimum Assessment Agreement. Company acknowledges and hereby agrees to the terms and conditions of the Master Agreement and that prior to the date set forth in Section 2 of Exhibit "B" hereto it will not seek or cause a reduction in the actual valuation for the Phase Area below the Minimum Actual Value, through: (i) willful destruction of the Phase Area, the Improvements, or any part of either; (ii) a request to the assessor of Black Hawk County; or (iii) any proceedings, whether administrative, legal, or equitable, with any administrative body or court within the City, Black Hawk County, the State of Iowa, or the federal government. Company agrees to sign a minimum assessment agreement in the form attached hereto as Exhibit "B" with respect to the Improvements. 3. Tax Rebates. Provided that Company satisfies the conditions set forth in the Master Agreement, City agrees to property tax rebates as set forth in Section 14 of the Master Agreement in the manner and on the terms stated therein. City shall pay rebates to Company at least annually pursuant to a schedule to be determined by City. Company's share of the January 1, 2013 taxable value ($201,140.00) referenced in the Master Agreement is %, or $ 4. Represent tions and Warranties. City hereby reaffirms and restates, as of the date of this Agreement, the representations and warranties of City set forth in the Master Agreement. Company hereby affirms and states that the representations and warranties made by Company in the Master Agreement are, with respect to Company, true and correct as of the date of this Agreement. 5. Relation to Master Agreement. This Agreement is a supplement to the Master Agreement, and the terms of the Master Agreement govern this Agreement to the extent not in conflict herewith. The parties hereby specifically incorporate by reference the provisions of Sections 18 through 27, inclusive, of the Master Agreement as though said Sections were set forth in full in this Agreement. 6. Capitalized Terms. Each term in this Agreement that is capitalized but not defined herein shall have the meaning assigned to it in the Master Agreement. 7. Assignment. In the event of sale of the Phase Area, the benefits and obligations of Company under this Agreement shall automatically be transferred and conveyed to the new owner. Company shall notify City within ten (10) days of any such transfer or sale. IN WITNESS WHEREOF, the parties have executed this Supplemental Development Agreement as of the date and year written above. Grand Investments, LLC )V Brent Dahlstrom, Manager Date City of Waterloo, Iowa By: Ernest G. Clark, Mayor Date Attest: Suzy Schares, City Clerk Date 2 EXHIBIT "A" [insert Phase Area legal description] EXHIBIT "B' MINIMUM ASSESSMENT AGREEMENT This Minimum Assessment Agreement (the "Agreement") is entered into as of , by and among the CITY OF WATERLOO, IOWA ("City"), Grand Investments, LLC ("Company"), and the COUNTY ASSESSOR of the City of Waterloo, Iowa ("Assessor"). WITNESSETH: WHEREAS, on or before the date hereof the City and Company have entered into a Supplemental Development Agreement (the "SDA"), supplemental to a master development agreement entered into between said parties, regarding certain real property described therein located in the City of Waterloo; and WHEREAS, it is contemplated that pursuant to the SDA, the Company will undertake the development of an area ("Project Phase") within the City and within the Downtown Waterloo Urban Renewal and Redevelopment Plan Area; and WHEREAS, pursuant to Iowa Code § 403.6, as amended, the City and the Company desire to establish a minimum actual value for the land and the building(s) pursuant to this Agreement and applicable only to the Project Phase, which shall be effective upon substantial completion of the Project Phase and from then until this Agreement is terminated pursuant to the terms herein and which is intended to reflect the minimum actual value of the land and buildings as to the Project Phase only; and WHEREAS, the City and the Assessor have reviewed the preliminary plans and specifications for the improvements (the "Improvements") which the parties contemplate will be erected as a part of the Project Phase. NOW, THEREFORE, the parties hereto, in consideration of the promises, covenants, and agreements made by each other, do hereby agree as follows: 1. Upon substantial completion of construction of the Improvements by the Company upon the real property described on Exhibit "A" attached hereto, the minimum actual taxable value which shall be fixed for assessment purposes for the land and Improvements to be constructed thereon by the Company as a part of the Project Phase shall not be less than $ ',Crn,(the "Minimum Actual Value") until termination of this Agreement. The parties hereto agree that construction of the Improvements will be substantially completed on or before 2. The Minimum Actual Value herein established shall be of no further force and effect, and this Minimum Assessment Agreement shall terminate, on December 31, . Nothing herein shall be deemed to waive the Company's rights under Iowa Code § 403.6, as amended, to contest that portion of any actual value assignment made by the Assessor in excess of the Minimum Actual Value established herein. In no event, however, shall the Company seek or cause the reduction of the actual value assigned below the Minimum Actual Value established herein during the term of this Agreement. The City shall not unreasonably withhold its consent to permit the Company to contest its taxable valuations in full, commencing with the assessment of January 1, 3. This Agreement shall be promptly recorded by the City with the Recorder of Black Hawk County, Iowa. The City shall pay all costs of recording. 4. Neither the preambles nor provisions of this Agreement are intended to, or shall be construed as, modifying the terms of the Development Agreement. 5. This Agreement shall inure to the benefit of and be binding upon the successors and assigns of the parties, including but not limited to future owners of the Project property. IN WITNESS WHEREOF, the parties have executed this Minimum Assessment Agreement by their duly authorized officers as of the date first set forth above. CITY OF WATERLOO, IOWA GRAND INVESTMENTS, LLC By: By: Ernest G. Clark, Mayor Brent Dahlstrom, Manager By: Suzy Schares, City Clerk STATE OF IOWA ) ss. COUNTY OF BLACK HAWK On this day of , 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, a municipal corporation, created and existing under the laws of the State of Iowa, and that the seal affixed to the foregoing instrument is the seal of said municipal corporation, and that said instrument was 2 signed and sealed on behalf of said municipal corporation by authority and resolution of its City Council, and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said municipal corporation by it and by them voluntarily executed. Notary Public STATE OF IOWA ) ) ss. COUNTY OF BLACK HAWK ) Subscribed and sworn to before me on February 27, 2014, by Brent Dahlstrom as Manager of Grand Investments, LLC. (ice t_?G2 �e 1)1/9(: Notary Public ,rP eF 720408 COMMISSION NO• a MY COMMISSION EXPIRES Q w Januar!.15 2015 3 CERTIFICATION OF ASSESSOR The undersigned, having reviewed the plans and specifications for the improvements to be constructed and the market value assigned to the land upon which the improvements are to be constructed for the development, and being of the opinion that the minimum market value contained in the foregoing Minimum Assessment Agreement appears reasonable, hereby certifies as follows: The undersigned Assessor, being legally responsible for the assessment of the property subject to the development, upon completion of improvements to be made on it and in accordance with the Minimum Assessment Agreement, certifies that the actual value assigned to such land, building and equipment upon completion of the development shall not be less than ---;; Dollars ($ (; r��� :��. ) until termination of this Minimum Assessment Agreement pursuant to the terms hereof. STATE OF IOWA ) ss. COUNTY OF BLACK HAWK Assessor for Black Hawk County, Iowa Date Subscribed and sworn to before me on by , Assessor for Black Hawk County, Iowa. Notary Public STATE OF IOWA, } Black Hawk County, SS NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Notice is hereby given that on the 7th day of April, 2014, at 5:30 p.m., in the Law Court Theater at Waterloo Center for the Arts, 225 Commercial Street, Waterloo, IA 50701, a public hearing will be held by the Council of the City of Waterloo, Iowa, to enter into a Master Development Agree- ment and Supplemental Development Agreement with Grand Investments, LLC and authorize the sale and conveyance of City owned property at a cost of $1.00, commonly known as the former Grand Hotel site, at West Mullan Avenue and Jefferson Street for the purpose of construction of an approximate 70 -united condominium development, legally descri- bed as follows: Parcel A in Part of Lot No. 30 in "Auditor's Falls Avenue and Mullen Avenue Plat" in the City of Waterloo, Black Hawk County, Iowa, described as follows: Commencing at the most Southerly corner of Lot 30, thence N 48°50'00" W, along the Southwesterly line of said Lot 30, a distance of 323.07 feet; to the Point of Beginning; thence continuing along said Southwesterly line, N 48°50'00" W, a distance of 243.81 feet; thence N 62°55'58" E, a distance of 222.89 feet; thence N 83°45'11" E, a distance of 78.78 feet; thence S 57°07'37" E, a distance of 103.99 feet; thence S 48°50'00" E, a distance of 17.47 feet; thence S 43°43'43" W, a distance of 280.28 feet; to the Point of Beginning, containing 1.2010 acres. Anyone who is interested may appear at said time and place and be heard or may file written objection with the City Clerk, City Hall, Waterloo, Iowa, before the date set for said hearing. By order of the Council of the City of Waterloo this 24th day of March, 2014. Suzy Scharer City Clerk I do solemnly swear that the annexed copy of legal City of Waterloo Public Hearing — Master Development Agreement Notice was published in the Waterloo -Cedar Falls Courier, a daily newspaper printed in Waterloo, Black Hawk County, Iowa, once commencing on the 28th day of March, 2014 in the name of said newspaper, and that the annexed rate of advertised is the regular legal rate of said newspaper, and that the following is a correct bill for publishing said notice. Printer's Bill $21.28 CAA,1,Inki2v Signed Subscribed and sworn to before me this 9 Day of RDnt A.D., 20 NI Received of (W161.4u2toi Notary Public the sum of Dollars. In full for publication of the above notice. ,t°'�` •.JODI E MCKiNSTHY A COM .l!33!C N ti .7C2413 Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-210 RESOLUTION AUTHORIZING THE SALE AND CONVEYANCE OF CITY -OWNED PROPERTY KNOWN AS THE FORMER GRAND HOTEL SITE, LOCATED AT WEST MULLAN AVENUE AND JEFFERSON STREET, FOR $1.00, PLUS COSTS, AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND DELIVER DEED FOR SAME. WHEREAS, the City of Waterloo, Iowa is the owner of real property in the City of Waterloo, Iowa, as described below, and WHEREAS, an offer to purchase said certain parcel of real property has been made by Grand Investments, LLC in the sum of $1.00, plus costs, and WHEREAS, a public hearing was held on April 7, 2014, at 5:30 p.m. in the Law Court Theater at the Waterloo Center for the Arts, Waterloo, Iowa, as provided by law, by the Council of the City of Waterloo, Iowa, on the proposal to sell and convey premises owned by the City of Waterloo, Iowa, to Grand Investments, LLC, and WHEREAS, it is the opinion of this Council that sale and conveyance should be made as proposed. NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, AS FOLLOWS: 1. The following described real property, as fully described in the published notice in the Waterloo Courier on April 28, 2014, is not presently needed and will not be needed in the foreseeable future for municipal purposes and its ownership is serving no municipal purpose, and 2. That the offer of Grand Investments, LLC to purchase real property for the sum of $1.00, and costs, for real property described below: Parcel A in Part of Lot No. 30 in "Auditor's Falls Avenue and Mullen Avenue Plat" in the City of Waterloo, Black Hawk County, Iowa, described as follows: Commencing at the most Southerly corner of Lot 30, thence N 48°50'00" W, along the Southwesterly line of said Lot 30, a distance of 323.07 feet; to the Point of Beginning; thence continuing along said Southwesterly line, N 48°50'00" W, a distance of 243.81 feet; thence N 62°55'58" E, a distance of 222.89 feet; thence N 83°45'11" E, a distance of 78.78 feet; thence S 57°07'37" E, a distance of 103.99 feet; thence S 48°50'00" E, a distance of 17.47 feet; thence S 43°43'43" W, a distance of 280.28 feet; to the Point of Beginning, containing 1.2010 acres. 3. That the City of Waterloo, Iowa convey said parcel of real property to Grand Investments, LLC by deed. 4. That the Mayor and City Clerk are hereby authorized to execute and deliver deed to Grand Investments, LLC. Resolution No. 2014-210 Page 2 5. That the original of said deed fully executed and acknowledged is hereby approved and confirmed by the Council. 6. That the City Clerk is authorized and directed to deliver said deed of conveyance to Grand Investments, LLC upon receipt in the sum of $1.00, and costs. PASSED AND ADOPTED this 7th day of April, 2014. ATTEST: Suzy`cI -- City Cle nest G. Clark, Mayor Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-211 RESOLUTION APPROVING MASTER DEVELOPMENT AGREEMENT AND SUPPLEMENTAL DEVELOPMENT AGREEMENT WITH GRAND INVESTMENTS, LLC OF CEDAR FALLS, IOWA AND DIRECTING EXECUTION OF SAID AGREEMENTS BY MAYOR. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Master Development Agreement and Supplemental Development Agreement dated April 7, 2014, for the sale and conveyance of City -owned property commonly known as the former Grand Hotel site, located at West Mullan Avenue and Jefferson Street, for $1.00, plus costs, for the construction of an approximate 70 -unit condominium development, with an estimated actual value of $6 million, with 42 percent tax rebates for 20 years, by and between Grand Investments, LLC of Cedar Falls, Iowa and the City of Waterloo, Iowa, be and the same is hereby approved, and the Mayor and City Clerk authorized to execute the same in behalf of the City of Waterloo, Iowa. PASSED AND ADOPTED this 7th day of April, 2014. Ernest G. Clark, Mayor ATTEST: Suzy Sc .res, CMC City Clegk CITY OF WATERLOO Council Communication City Council Meeting: March 3, 2014 Prepared: February 24 2014 Dept. Head Signature: P # of Attachments: 1 SUBJECT: FY2014 BOAT HOUSE ROOF REPLACEMENT PROJECT Submitted by: Travis Nichols, Facilities/Project Manager Recommended City Council Action: Request Council adopt resolutions to preliminarily approve the request for the proposal document and aptoinstruct theifications or Crty C10erk14 Bo publoat � use h notR�coe f Replacement Project, 707 Park Road, Waterloo, an of hearing on proposal document, specifications, etc. and taking of bids, and to set date of hearing and bid opening as April 7, 2014. Summary Statement: This project provides for replacement of metal roof system and other related building details damaged by hail at the Boat house, 707 Park Road, Waterloo Iowa. A copy of the proposal document and specifications is in the City Clerk's Office for your review. Expenditure Required: $67,500 (insurance estimate) Source of Funds: Funding is available from hail damage insurance claim. Policy Issue: Alternative: Background Information: The Boat House received extensive damage during hail storm in April 2012. CITY OF WATERLOO, IOWA WATERLOO LEISURE SERVICES COMMISSION 1101 Campbell Avenue • Waterloo, IA 50701 • (319) 291-4370 Fax (319) 291-4297 March 4, 2014 RE: WATERLOO LEISURE SERVICES FY2014 BOAT HOUSE ROOF REPLACEMENT PROJECT ADDENDUM 1 Waterloo Leisure Services recently sent you a request for proposal for the roof replacement on the Waterloo Boat House. Under the NOTICE OF PUBLIC HEARING section there is a change in information provided. We are notifying you of this addendum to that Section. The additional information is the change of date for the pre-bid conference. Remove and replace the PRE-BID CONFERENCE section and replace with the following section: PRE-BID CONFERENCE 1:00 PM, March 21, 2014 at the Waterloo Boat House, 707 Park Road, Waterloo, Iowa If you have any questions, please contact our office at 291-4370. Thank You. Travis Nichols Facilities/Project Manager CITY WEB SITE: www.cityofwaterlooiowa.com WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer STATE OF IOWA, } Black Hawk County, SS WATERLOO, IOWA LEISURE SERVICES COMMISSION NOTICE OF PUBLIC HEARING On Proposed Specifications and the NOTICE TO BIDDERS for FY2014 BOAT HOUSE ROOF REPLACEMENT PROJECT PRE-BID CONFERENCE 1:00 PM, March 21, 2014 at Waterloo Boat House, 707 Park Road, Waterloo, Iowa RECEIVING OF BIDS Sealed proposals will be received by the City Clerk of the City of Waterloo, Iowa, at her office in City Hall, Waterloo, Iowa, until Monday, April 7, 2014, at 4:00 p.m., for the FY2014 Boat House Roof Replacement Project as described in the plans and specifications now on file in the City Clerk's office and the Waterloo Leisure Services Commission office. OPENING OF BIDS All proposals received for the FY2014 Boat House Roof Replacement Project will be opened in the Law Court Theater at Waterloo Center for the Arts, 225 Commercial Street, Waterloo, IA 50701, on Monday, April 7, 2014, at 5:30 p.m., and the proposals will be referred to the Waterloo Leisure Services Commission for recommendation of award. PUBLIC HEARING Notice is hereby given that the Waterloo City Council will conduct a public hearing on the proposed specifications and form of contract for the FY2014 Boat House Roof Replacement Project at 5:30 p.m. on Monday, April 7, 2014. The hearing will be held in the Law Court Theater at Waterloo Center for the Arts. The contract documents are on file in the City Clerk's office, 715 Mulberry St. and the Waterloo Leisure Services Commission office, 1101 Campbell Ave., Waterloo, Iowa, for public examination. Any person interested may file written objection with the City Clerk before the date set for the hearing or appear and make objection at the meeting. SCOPE OF WORK The Contractor shall provide all labor and materials necessary for the roof replace- ment of the Waterloo Boat House at 707 Park Road, Waterloo, Iowa. CONTRACT PERIOD The work shall be completed by JUNE 15, 2014. PROPOSALS SUBMITTED All bids must be submitted on forms supplied by the Waterloo Leisure Serv- ices Commission. I do solemnly swear that the annexed copy of legal City of Waterloo Boathouse Roof Repair Notice was published in the Waterloo -Cedar Falls Courier, a daily newspaper printed in Waterloo, Black Hawk County, Iowa, once commencing on the 18th day of March, 2014 in the name of said newspaper, and that the annexed rate of advertised is the regular legal rate of said newspaper, and that the following is a correct bill for publishing said notice. Printer's Bill $26.68 Signed Subscribed and sworn to before me this rD t Day of M(J\ A.D., 20 \4 Received of Notary Public the sum of Dollars. In full for publication of the above notice. fiR"'A' •. JODI E MCKINSTRY1 . COMMISSION NO.78241 S A•1 cGrj 1 1= �cr�siE5 � I STATE OF IOWA, Black Hawk County, SS WATERLOO, IOWA LEISURE SERVICES COMMISSION NOTICE OF PUBLIC HEARING On Proposed Specifications and the NOTICE TO BIDDERS for FY2014 BOAT HOUSE ROOF REPLACEMENT PROJECT PRE-BID. CONFERENCE 1:00 PM, March 21, 2014 at Waterloo Boat House, 707 Park Road, Waterloo, Iowa RECEIVING OF BIDS Sealed proposals will be received by the City Clerk of the City of Waterloo, Iowa, at her office in City Hall, Waterloo, Iowa, until Monday, April 7, 2014, at 4:00 p.m., for the FY2014 Boat House Roof Replacement Project as described in the plans and specifications now on tile in the City Clerk's office and the Waterloo Leisure Services Commission office. OPENING OF BIDS All proposals received for the FY2014 Boat House Roof Replacement Project will be opened in the Law Court Theater at Waterloo Center for the Arts, 225 Commercial Street, Waterloo, IA 50701, on Monday, April 7, 2014, at 5:30 p.m., and the proposals will be referred to the Waterloo Leisure Services Commission for recommendation of award. PUBLIC HEARING Notice is hereby given that the Waterloo City Council will conduct a public hearing on the proposed specifications and form of contract for the FY2014 Boat House Roof Replacement Project at 5:30 p.m. on Monday, April 7, 2014. The hearing will be held in the Law Court Theater at Waterloo Center for the Arts. The contract documents are on file in the City Clerk's office, 715 Mulberry St. and the Waterloo Leisure Services Commission office, 1101 Campbell Ave., Waterloo, Iowa, for public examination. Any person interested may file written objection with the City Clerk before the date set for the hearing or appear and make objection at the meeting. SCOPE OF WORK The Contractor shall provide all labor and materials necessary for the roof replace- ment of the Waterloo Boat House at 707 Park Road, Waterloo, Iowa. CONTRACT PERIOD The work shall be completed by JUNE 15, 2014. PROPOSALS SUBMITTED All bids must be submitted on forms supplied by the Waterloo Leisure Serv- ices Commission. I do solemnly swear that theannexed copy of legal City of Waterloo Boathouse Roof Repair Notice was published in the Waterloo -Cedar Falls Courier, a daily newspaper printed in Waterloo, Black Hawk County, Iowa, once commencing on the 18th day of March, 2014 in the name of said newspaper, and that the annexed rate of advertised is the regular legal rate of said newspaper, and that the following is a correct bill for publishing said notice. Printer's Bill $26.68 L. Y-( /1 Signed Subscribed and sworn to before me this p2 Day of ry\l l, A.D., 20 kg C2ocwe medtmco:tcej Notary Public Received of the sum of Dollars. In full for publication of the above notice. JOD1 E NECKiNSTRY COMMISSION NO.7624 13 MY CCP i' Q RES FY2014 Boat House Roof Replacement Project April 7, 2014 Bid Tab Estimate: $67,500.00 Bid Security 5% Bidder Bid Security Bid Amount D & G Metal Works, Inc. 2524 Wagner Road Waterloo, IA 50703 1 S I )5%(_►� 7 CP ) a C p- G VI 7 Ss) (oZ J 5% 5% 5% Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-212 RESOLUTION CONFIRMING APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, ESTIMATE OF COST, ETC., IN CONJUNCTION WITH THE FY2014 BOAT HOUSE ROOF REPLACEMENT PROJECT. WHEREAS, the City Council of the City of Waterloo, Iowa, heretofore instructed the Leisure Services Director of said City to prepare proposed plans, specifications, form of contract, estimate of cost, etc., in conjunction with the FY2014 Boat House Roof Replacement Project, in the City of Waterloo, Iowa, and WHEREAS, said Leisure Services Director did file said preliminary plans, specifications, form of contract, estimate of cost, etc. in conjunction with the FY2014 Boat House Roof Replacement Project, which were preliminarily approved by Resolution No. 2014-160 on March 3, 2014, and WHEREAS, a public hearing, upon notice, was held on April 7, 2014. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that said proposed plans, specifications, form of contract, estimate of cost, etc. in conjunction with the FY2014 Boat House Roof Replacement Project, in the City of Waterloo, Iowa, be, and the same are hereby, approved as filed. PASSED AND ADOPTED this 7th day of April, 2014. ag14, Ernest G. Clark, Mayor ATTEST: Suzy Sch:res, CM City Cle k Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-213 RESOLUTION ORDERING CONSTRUCTION IN CONJUNCTION WITH THE FY2014 BOAT HOUSE ROOF REPLACEMENT PROJECT. WHEREAS, by Resolution No. 2014-212, plans, specifications, form of contract, etc., in conjunction with the FY2014 Boat House Roof Replacement Project, in the City of Waterloo, Iowa, have been approved and adopted by this Council after the public hearing on April 7, 2014 as prescribed by statute. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that it is deemed advisable and necessary and it is so ordered on motion by this Council that the said project proceed in accordance with said plans and specifications. PASSED AND ADOPTED this 7th day of April, 2014. ATTEST: Suzy Schar City Clerk s, CMC a5dL, Ernest G. Clark, Mayor CITY OF WATERLOO LEISURE SERVICES COMMISSION BID TAB 2014 RIGHT-OF-WAY MOWING The Waterloo Leisure Services Commission is seeking bids for 2014 RIGHT-OF-WAY MOWING. Bid Opening April 7, 2014. NAME & ADDRESS BID OPTION A BID OPTION B BID OPTION C BID OPTION F BID OPTION G B&B Lawn Care 43.95 44.45 30.00 640.00 750.00 Flemings Landscaping & More Land Mark Turf Services Miller & Sons P & J Lawn Care Professional Lawn Care 49.85 49.85 39.85 N/B N/B McClain & Co. Reliable Lawn Care CITY OF WATERLOO Council Communication City Council Meeting: 3/24/14 Prepared: 3/17/14 Dept. Head Signatul� # of Attachments: 1 SUBJECT: 2014 Right of Way Contract Mowing Submitted by: JB Bolger- Golf & Downtown Area Maintenance Manger Recommended City Council Action: Approve Plans, Specifications, and Bid Documents for 2014 Right of Way Contract mowing and set the date of public hearing and bid opening for Monday April 7, 2014. Summary Statement The City of Waterloo utilizes contractors to mow many of the City's right of ways including the following corridors: • San Marnan Dr. • US 218 • Green Hill Rd. • Martin Luther King Jr. Dr. • Broadway St. • Dubuque Rd. • Virden Creek Waterway Expenditure Required Depends on bid prices. Source of Funds General fund 4100 Leisure Services Parks 1390 Contracted Services Policy Issue N/A Alternative N/A Background Information: Leisure Services has been using private contractors to mow these right- of-way areas for approximately 20 years. Reductions in mowing frequencies have been included in the specifications due to budget cuts. CITY OF WATERLOO LEISURE SERVICES COMMISSION 2014 RIGHT-OF-WAY MOWING The Waterloo Leisure Services Commission is seeking bids for 2014 RIGHT-OF-WAY MOWING. BID REQUEST Sealed bids are due 12:00 NOON, Monday, April 7, 2014, to the City Clerk at her office at City Hall, 715 Mulberry Street, Waterloo, IA 50703. Bids must be submitted on the Waterloo Leisure Services Bid Form. Bids will be opened in open Council meeting to be held in the Council Chambers in City Hall, Waterloo, Iowa on Monday, April 7, 2014, at 5:30 PM. The City of Waterloo reserves the right to reject any and/or all bids. When submitting bid, please note on the lower, left-hand corner of envelope: Waterloo Leisure Services Commission 2014 RIGHT-OF-WAY MOWING All work to meet City of Waterloo codes. Questions, please contact JB Bolger, Golf & Downtown Area Maintenance Manager, at Leisure Services, 291-4370, Monday through Friday 7:00 a.m. to 4:00 p.m. CITY OF WATERLOO, IOWA LEISURE SERVICES COMMISSION NOTICE OF PUBLIC HEARING On Proposed Specifications and the NOTICE TO BIDDERS for 2014 RIGHT-OF-WAY MOWING RECEIVING OF BIDS Sealed proposals will be received by the City Clerk of the City of Waterloo, Iowa, at her office in City Hall, Waterloo, Iowa, on Monday, April 7, 2014, until 12:00 NOON., for the 2014 RIGHT-OF-WAY MOWING as described in the plans and specifications now on file in the City Clerk's office and the Waterloo Leisure Services Commission office. OPENING OF BIDS All proposals received for the RIGHT-OF-WAY MOWING will be opened in open Council meeting to be held in the Council Chambers in City Hall, Waterloo, Iowa, on Monday, April 7, 2014, at 5:30 p.m., and the proposals will be referred to the Waterloo Leisure Services Commission for recommendation of award. PUBLIC HEARING Notice is hereby given that the Waterloo City Council will conduct a public hearing on the proposed specifications and form of contract for the 2013 RIGHT-OF-WAY MOWING at 5:30 p.m. on Monday, April 7, 2014. The hearing will be held in the Council Chambers in Waterloo City Hall. The contract documents are on file in the City Clerk's office, 715 Mulberry St. and the Waterloo Leisure Services Commission office, 1101 Campbell Ave., Waterloo, Iowa, for public examination. Any person interested may file written objection with the City Clerk before the date set for the hearing or appear and make objection at the meeting. SCOPE OF WORK The Contractor shall provide all labor and materials necessary to mow the designated right-of-way areas in accordance with these plans and specifications. CONTRACT PERIOD The period of time covered under this proposed contract shall be the 2014 growing season (approximately May 5, 2014, through October 15, 2014). NOTICE TO BIDDERS Page 1 of 3 PROPOSALS SUBMITTED All bids must be submitted on forms supplied by the Waterloo Leisure Services Commission. The bidder shall bid on a per unit price (WITH EACH "Option" treated as a separate unit) as shown on the Bid Form. Each unit should be bid as a stand-alone item and not merely as a component of a total bid package that includes all options together. BID SECURITY REQUIRED All bids must be accompanied, in a separate envelope, by a certified or cashier's check drawn on an Iowa bank chartered under the laws of the United States, or a certified share draft drawn on a Credit Union in Iowa chartered under the laws of the United States, or a bid bond payable to the City of Waterloo, Iowa, in the sum of Three Thousand Dollars ($3,000.00), which certified check, certified share draft, or bid bond will be held as security that the Bidder will enter into a Contract for the mowing work and will furnish the required bonds, and in case the successful bidder shall fail or refuse to enter into the Contract and furnish the required bonds, the bid security may be retained by said City as agreed liquidated damages. If Bid Bond is used, it must be signed by both the bidder and the surety or the surety's agent. Signature of surety's agent must be supported by accompanying Power of Attorney. CONTRACT AWARD The Leisure Services Commission has divided the mowing contract into five (5) areas as indicated on the Bid Form. Each is severable from the others and may be the subject of a separate contract. The City shall award one or more Contracts to the responsible Bidder(s) whose bid, conforming to the Specifications and without regard to whether the bid is made on a per -Option or a total basis, is most advantageous to the City and the Waterloo Leisure Services Commission, price and other factors considered. The City reserves the right to award a contract for any single Option, any combination of Options, or all Options together. The intention is not to award the contract at the time of bid opening, but to award the contract after review of bids and bidder infoimation by the City and Waterloo Leisure Services Commission such that the award is made within thirty (30) days after bid opening. The City reserves the right to waive any and all parts of a specific bid. BOND The successful Bidder shall furnish a Performance Bond, within ten (10) days after notification of acceptance of the bid, in the amount of Fifty Thousand Dollars ($50,000.00). The Bond is to be issued by a responsible surety approved by the City Council and shall guarantee the faithful performance of the contract and the terms and conditions therein contained and shall guarantee the prompt payment of all materials and labor and protect and save harmless the City from claims of any kind caused by the operation of the Contractor. AFFIRMATIVE ACTION PROGRAM The successful Bidder and any subcontractors will be required to execute and have approved an Affirmative Actions Program or Update before beginning work on the project, if they have been awarded an aggregate of $10,000 in city projects during the current calendar year. NOTICE TO BIDDERS Page 2 of 3 METHOD OF PAYMENT TO CONTRACTOR Payment to the contractor for services performed shall be paid on a monthly basis. Payments shall be based on the actual number of acres mowed the previous period. A detailed bill of completed work must be received by the Waterloo Leisure Services Commission before payment can be made. Actual number of acres mowed must agree with numbers recorded by the Leisure Services Commission. Published pursuant to the provision of Division VI of Chapter 384 the City Code of Iowa and upon order of the City Council of said Waterloo, Iowa, on the day of , 2014 City of Waterloo, Iowa, Suzy Schares, City Clerk NOTICE TO BIDDERS Page 3 of 3 CITY OF WATERLOO, IOWA Waterloo Leisure Services INSTRUCTION TO BIDDERS I. EXPLANATIONS TO BIDDERS Any explanation desired by a bidder regarding the meaning or interpretation of the Notice to Bidders, Plans, Specifications, etc., must be requested in writing and with sufficient time allowed for a reply to reach bidders before submission of their bids. Any interpretation made will be in the form of an amendment of the Notice to Bidders, Plans, Specifications, etc., and will be furnished to all prospective bidders. Its receipt by the bidder must be acknowledged in the space provided on the Proposal Form or by letter or telegram received before the time set for opening of bids. Oral explanations or instructions given before the award of the contract will not be binding. II. PROPOSALS SUBMITTED All bids must be submitted on forms supplied by the Waterloo Leisure Services. Before submitting a bid, each bidder shall carefully examine the drawings (if any), read the specifications and all other contract documents and visit the site of the work. Each bidder shall be fully informed, prior to the bidding, as to all existing conditions and limitations under which the work is to be performed and shall include in this bid a sum to cover the cost of all items necessary to perform the work as set forth in the contract documents. No allowance will be made to any bidder because of lack of such examination or knowledge. The submission of a bid shall be construed as conclusive evidence that the bidder has made such examination. The bidder's attention is directed to the fact that all applicable state laws, municipal ordinances and the rules and regulations of all authorities having jurisdiction over the project shall apply to the Contract throughout and they shall be deemed to be included in the Contract the same as though herein written out in full. III. LATE BIDS AND MODIFICATIONS OR WITHDRAWALS Bids and modifications or withdrawals thereof received at the office designated in the Notice to Bidders after the exact time set for closing of bids will not be considered. However, a modification which is received from an otherwise successful bidder, and which makes the terms of the bid more favorable to the City, will be considered at any time it is received and may thereafter be accepted. Bids may be withdrawn by written or telegraphic request received from bidders prior to the time set for closing of bids. IV. PUBLIC OPENING OF BIDS Bids will be publicly opened at the specified time and place for opening in the Notice to Bidders. Their content will be made public for the information of bidders and others interested who may be present either in person or by representative. INSTRUCTIONS TO BIDDERS PAGE 1 OF 3 V. COLLUSIVE AGREEMENTS A. Each bidder submitting a bid shall execute and include with the bid, a Non -Collusion Affidavit in the form herein provided, to the effect that he has not colluded with any other person, firm, or corporation in regard to any bid submitted. B. Each bidder submitting a bid shall have each proposed subcontractor, if any, execute and include with the bid, a Non -Collusion Affidavit in the form herein provided, to the effect that he has not colluded with any other person, firm, or corporation in regard to any bid submitted. Before executing any subcontract, the successful bidder shall submit the name of any proposed subcontractor for approval by the City. VI. MBE/WBE CONTRACT COMPLIANCE PROGRAM All Bidders have the responsibility to comply with the City of Waterloo MBE/WBE Contract Compliance Program. City of Waterloo Contract Compliance: Rudy D. Jones, Director Community Development Board 620 Mulberry Street Suite 202 Waterloo, Iowa 50703 (319) 291-4429 VII. EMPLOYMENT AND BUSINESS OPPORTUNITY To the greatest extent feasible, suppliers, subcontractors, and low income workers owning businesses or living in the Waterloo area must be given priority in supplying materials, bidding for subcontract work, or applying for employment by the contractor on this project. Opportunities for training and for employment arising in connection with this project, shall to the greatest extent feasible be made available to lower income persons residing in the project area. The Contract area is the City of Waterloo. The City of Waterloo will require the contractor to document his efforts in securing lower income workers living in the project area and in purchasing supplies from, and awarding subcontracts to, businesses owned by persons residing in the project area. VIII. STATEMENT OF BIDDER'S QUALIFICATIONS Each Bidder shall, upon request of the Waterloo Leisure Services, submit on the form furnished a statement of the Bidder's qualifications, his/her experience record in completing the type of project proposed, and equipment available for the work contemplated; and when requested, a detailed financial statement. The Waterloo Leisure Services shall have the right to take such steps as it deems necessary to determine the ability of the Bidder to perform obligations under the Contract; and the Bidder shall furnish the Waterloo Leisure Services all such infolination and data for this purpose as it may request. The right is reserved to reject any bid where an investigation of the available evidence or information does not satisfy the Waterloo Leisure Services that the Bidder is qualified to carry out properly the terms of the Contract. INSTRUCTIONS TO BIDDERS PAGE 2 OF 3 IX. EXECUTION OF AGREEMENT, BOND, AND CERTIFICATE OF INSURANCE A. Subsequent to the award and within ten (10) days after the prescribed forms are presented for signature, the successful bidder shall execute and deliver to the City, an agreement in the form included in the contract documents in such number of copies as the City, may require. B. Having satisfied all conditions of award as set forth elsewhere in these documents, the successful bidder shall, within the period specified in paragraph "A" above, furnish a surety bond in a penal sum not less than the amount of the contract as awarded, as security for the faithful performance of the contract and the terms and conditions therein contained and shall guarantee the prompt payment of all persons, firms, or corporations to whom the contractor may become legally indebted for labor, materials, tools, equipment, or services of any nature including utility and transportation services, employed or used by him/her in performing the work. The bond shall protect and save harmless the City and Waterloo Leisure Services from claims and damages of any kind caused by the operations of the contractor and shall also guarantee the maintenance of the contract improvements for the period stated in the Notice of Hearing from and after completion of said improvements and their acceptance by the City and the Waterloo Leisure Services. Such bond shall be in the same form as that included in the contract documents and shall bear the same date as, or a date subsequent to that of the agreement. The current Power of Attorney for the person who signs for any surety company shall be attached to such bond. C. The successful bidder shall, within the period specified in paragraph "A" above, furnish a certificate of insurance for approval in amounts of not less than the amounts specified in the General Conditions. The certificate of insurance shall be furnished in such number of copies as the City of Waterloo may require. The City of Waterloo shall be named as an "Additional Named Insured." The contractor shall similarly submit his subcontractor's certificates of insurance in the amounts for approval before each commences work. The contractor shall carry or require that there be Worker's Compensation insurance for all his employees and those of his subcontractors engaged in work at the site, in accordance with State Worker's Compensation Laws. D. The failure of the successful bidder to execute such agreement and to supply the required bond or bonds within ten (10) days after the prescribed forms are presented for signature, or within such extended period as the City, may grant, based upon reasons determined sufficient by the City, may either award the contract to the next lowest responsible bidder or re -advertise for bids, and may charge against the bidder the difference between the amount of the bid and the amount for which a contract for the work is subsequently executed, irrespective of whether the amount thus due exceeds the amount of the bid guaranty. If a more favorable bid is received by re -advertising, the defaulting bidder shall have no claim against the City or Waterloo Leisure Services for a refund. INSTRUCTIONS TO BIDDERS PAGE 3 OF 3 CITY OF WATERLOO, IOWA Waterloo Leisure Services GENERAL CONDITIONS Definitions Whenever used in any of the Contract Documents, these teems shall be defined as follows: Contract - means the Contract or Agreement executed by and between the City of Waterloo and the Contractor. Owner or Local Public Agency (LPA) - means the Waterloo Leisure Services. Contractor - means the person, firm or corporation entering into the Contract with the City of Waterloo, to maintain City of Waterloo Right Of Ways and/or properties as described in the Specifications provided. Contract Documents - means and shall include the following: Executed Contract or Agreement, Addenda (if any), Invitation for Bids, Instructions to Bidders, Signed copy of Bid, General Conditions, Special Conditions, Specifications, and (Plans or Drawings when required). Superintendence by Contractor Except where the Contractor is an individual and gives personal superintendence to the work, the Contractor shall provide a competent superintendent, satisfactory to the Waterloo Leisure Services/City of Waterloo, on the work site at all times during working hours with full authority of the Contractor. The Contractor shall also provide an adequate staff to properly coordinate and expedite the work. The Contractor shall lay out and be responsible for all work executed under this Contract. The Contractor shall verify all figures and elevations before proceeding with the work and will be held responsible for any error resulting from failure to do so. Other Contracts The City of Waterloo may award or may have awarded other Contracts for additional work, and the Contractor shall cooperate fully with other Contractors, by scheduling work under this Contract with that to be performed under other Contracts as may be directed by the Waterloo Leisure Services/City of Waterloo. The Contractor shall not commit or permit any act which will interfere with the performance of work by any other Contractor as scheduled. GENERAL CONDITIONS PAGE 1 OF 3 Fitting and Coordination of the Work The Contractor shall be responsible for the proper fitting of all work and for the coordination of the operations of all Subcontractors engaged upon this Contract. The Contractor shall be prepared to guarantee to each Subcontractor the locations and measurements which they may require for the fitting of their work to all surrounding work. Care of Work The Contractor shall be responsible for all damages to person or property that occur as a result of negligence in connection with the execution of work and shall be reasonable for the proper care and protection of all materials delivered and work performed until completion and final acceptance by the Waterloo Leisure Services. The Contractor shall avoid damage to existing sidewalks, streets, curbs, pavements, structures, and utilities except those which are to be replaced or removed. Any damage caused by the Contractor's operation shall be completely repaired at no expense to the Owner. General Requirements The Contractor shall be responsible for being informed as to all existing conditions and limitations under which the work is to be performed. No extra allowance will be made because of lack of such examination or knowledge. The Contractor shall not disturb existing walks, drives, parking areas, trees, shrubs, or turf areas outside the limits of the project. If disturbed, these items shall be replaced by the Contractor at no cost to the Owner. Trees and shrubs located in or near the project area shall be protected by the Contractor from damage by workers and mowing equipment. The City Forester will determine the extent of protection necessary for the trees. Permits and Codes The Contractor shall give all notices required by, and comply with all applicable municipal and state laws, ordinances and codes. GENERAL CONDITIONS PAGE 2 OF 3 Liability Insurance The Contractor shall carry liability insurance which shall save the City harmless and protect the public and any person from injury sustained by the reason of the prosecution of the work or the handling or storing of materials therefore, and said Contractor shall also carry insurance which shall meet the requirements of the Iowa Worker's Compensation Law. Before the work shall be started on this contract, the Contractor shall furnish the City Clerk/Finance Manager with proper affidavit or affidavits executed by representatives of duly qualified insurance companies, evidencing that said insurance company or companies have issued liability insurance policies, effective during the life of the contract, or for a period of at least ten (10) days following the filing of written notice of cancellation, protecting the public and any person from injuries or damages sustained by reason of carrying on the work involved in the contract. The affidavit shall specifically evidence the following forms of insurance protection: a. Public liability insurance covering all operations performed by persons directly employed by the Contractor. b. Public liability insurance covering all operations performed by any subcontractor to whom a portion of the work may have been assigned. c. Public liability insurance covering all work upon the project performed by any independent contractor working under the direction of either the principal contractor or a subcontractor. d. Motor vehicle bodily injury liability insurance and property damage liability insurance on all motor vehicles employed on the work, whether owned by the contractor or by other persons, firms, or corporations. e. The minimum protection shall be as follows: Comprehensive General Liability Insurance Bodily Injury(including wrongful death) Aggregate, Products and Completed Operations Property Damage Comp. Auto Bodily Injury Property Damage $5,000,000.00 per person $5,000,000.00 $5,000,000.00 per accident $5,000,000.00 per person $5,000,000.00 per occurrence The Contractor shall have the City of Waterloo, Iowa, named as an "Additional Named Insured" in the amount of $5,000,000.00 liability for bodily injury (including wrongful death) and property damage. A certificate or a policy, if requested, shall be filed with the Owner. All certificates and/or policies of insurance furnished by the Contractor to be filed with the City Clerk/Finance Manager shall include the name and address of the agency issuing the same. It shall be required that the City Clerk/Finance Manager be notified by registered mail of the cancellation or expiration of the above insurance. Removal of Debris, Cleaning, Etc. The Contractor shall periodically, or as directed during the progress of the work, remove and legally dispose of all surplus excavated material and debris, and keep the project area reasonably clean. Upon completion of the work the Contractor shall remove all temporary construction facilities, debris and unused materials provided for the work and put the whole site of the work in a neat and clean condition. GENERAL CONDITIONS PAGE 3 OF 3 CITY OF WATERLOO, IOWA WATERLOO LEISURE SERVICES COMMISSION SPECIFICATIONS for 2014 RIGHT-OF-WAY MOWING SCOPE OF WORK The Contractor shall provide all labor and material necessary to mow the designated right-of-way and other turf areas in accordance with these specifications. RIGHT-OF-WAY AREAS The following are the right-of-way areas to be mowed. Included in the mowing areas are medians, shoulders, ditches, and frontage areas. The acreages listed are approximate only and shall be verified by the bidder. Broadway St. (22 acres) Parker St. to Airport Blvd. Dubuque Road (22 acres) Nevada St. to Evansdale city limits San Marnan Dr. (48 Acres) West 4th to Texas St. US 218 corridor (52 acres) US 63 interchange to San Marnan Dr. Highway 20 overpasses (7 acres) Hammond Ave., Kimball Ave., Ansborough Ave., W.4th St. Martin Luther King Jr. Dr. (23 acres) Franklin St. to Idaho Police Training Center (2.6 acres) Martin Luther King & Elk Run Rd Greenhill Road (28 acres) Cedar Falls city limits to US 218 interchange University Avenue (13 acres) Midway Dr. to US 63 Virden Creek Waterway (2 acres) Corner of East 4th & Arlington St. to East Mullan Ave. (Hwy 63) Crossroads Boulevard (1.5 acres) Medians on Crossroads Blvd and the five entrance roads into Crossroads Blvd. (Flammang Dr, Pennys St, Sears St, Bopp St, Grimm St) FAIRVIEW CEMETERY The following area shall be mowed on a biweekly basis from approximately May 5 to June 15 and monthly from June 15 to October 15 for a maximum of 8 mowings, depending on holidays. The actual number of mowings will be based on growing conditions and budget restraints. Fairview Cemetery (7 acres) Corner of Fairview Ave. & Conger St. VIRDEN CREEK WATERWAY The following area shall be mowed monthly May 1 to October 15 (maximum of 6 mowings). The actual number of mowings shall be based on growing conditions and budget restraints. Virden Creek Waterway (2 acres) from corner of East 4th Street & Arlington St. to East Mullan Ave (Hwy 63). This area includes 3380 linear feet of fencing, to be trimmed one Page 1 of 4 foot on each side of fence line to match the height and appearance of surrounding vegetation. SITE CLEAN-UP Prior to each mowing the Contractor shall remove all trash and debris including paper, branches, rocks, and other portable objects. All trash and debris shall be legally disposed of, off site, at no additional expense to the Leisure Services Commission. Additionally, the contractor shall be responsible for cleaning up and repairing all damage created by snow plow & snow removal operations. This includes adding soil and seeding damaged areas as needed. To include the responsibility for legally disposing of animal carcasses by contacting the City of Waterloo Traffic Operations Department at 291-4440. SCHEDULING OF WORK Areas to be mowed shall be divided into categories for type and frequency of mowing. The listed schedules are for bid purposes only. The Leisure Services Commission may add or delete mowing of areas based on growing conditions and budget restraints. The following right-of-way areas shall be mowed on a weekly basis from approx. May 5 to June 15 (maximum 6 mowings) and biweekly basis from June 15 to October 15 (maximum of 9 mowings). 1) Greenhill Road 2) San Marnan Dr. 48 Acres (medians, north & south frontage from West 4th to Texas St.) (See aerial photos to changes along Sunnyside GC) NEW FOR 2013: DO NOT MOW along Sunnyside Country Club Golf Course from Galactic Dr. to designated point on the back side of development near Kamile Ct. This right-of-way has been sold for new residential development along Sunnyside Country Club. (See aerial photos of areas to be mowed) NEW FOR 2012: DO NOT MOW: Median at West San Marnan Dr. & Nicki St. ADDED IN 2011: Right of Way behind Dicks Sporting Goods and adjacent stores to be mowed from the road all the way down to the back of the buildings. (Full width of the right of way.) NOTE: ditch areas include all R.O.W. property from edge of pavement to private property line) 3) University Ave. Page 2 of 4 4) US 218 corridor — Mow approx. 20 foot wide path along fence line, from San Marnan Dr. going north on the east side of the on ramp to just past Scott Jordan Electric, and from San Marnan Dr. going north on the west side of the off ramp to Exit Sign 72. 5) Martin Luther King Jr. Dr. (23 acres from Franklin St. to Idaho St.) 6) Police Training Center (2.6 acres Martin Luther King & Elk Run Rd) The following right-of-way areas shall be mowed on a biweekly basis from approximately May 5 to June 15, and monthly from June 15 to October 15, for a maximum of 8 mowings based on growing conditions and budget restraints. 1) Broadway St 2) Dubuque Rd. 3) Hwy 20 overpasses The following right-of-way areas shall be mowed on a biweekly basis from approximately May 5 to June 15, and monthly from June 15 to October 15, for a maximum of 8 mowings (depending on holidays) based on growing conditions and budget restraints. 1) Fairview Cemetery (Corner of Fairview Ave. & Conger St.) The following right-of-way areas shall be mowed on a monthly basis from approximately May 5 to October 15. Mowings based on growing conditions and budget restraints. 1) Virden Creek Waterway (E 4th to E. Mullan) GRASS CUTTING Grass shall be cut to an even height of four inches (4"). Grass cutting shall be accomplished in a manner so as not to result in scalping, bunching, rutting, uneven or rough cutting. All scalping, bunching, rutting or uneven cutting shall be promptly remedied by the Contractor to the satisfaction of the Leisure Services Commission with no additional cost to the Leisure Services Commission. Grass clippings shall not be blown onto road surfaces in accordance with applicable laws and City ordinances. In areas such as narrow medians clippings shall be bagged or mulched straight down. Ultimately clippings may not land on any road surfaces. TRIMMING Along with each mowing, the Contractor shall trim around trees, shrubs, poles, fences, and other objects to match the height and appearance of the surrounding vegetation. Vegetation growing over curb and sidewalk edges shall be trimmed. This shall include trimming around any additional plant materials that may be installed as new landscaping. Use of herbicides to reduce trimming requirements shall be allowed with prior authorization from the Leisure Services Commission and applied by qualified state approved person with commercial applicator license. DAMAGE PROTECTION The Contractor shall avoid damage to existing sidewalks, streets, curbs, pavements, structures, signs, mailboxes, fences, benches, utilities, and other fixtures. Any damage Page 3 of 4 caused by the Contractor shall be completely repaired at no additional cost to the Leisure Services Commission. All work shall be done in a manner so as not to result in damage to trees or shrubs. At no time shall any mowing or trimming equipment come in contact with any tree or shrub. Any tree or shrub damaged by the Contractor shall be replaced at the direction of the City Forester with no additional cost to the Leisure Services Commission. The Contractor shall avoid damage to turfgrass and underlying soil and grade. Any rutting and related turf loss and erosion damage shall be promptly remedied by the Contractor to the satisfaction of the Leisure Services Commission with no additional cost to the Leisure Services Commission. The Contractor shall take all necessary precautions to protect pedestrians and motorists from personal injury and property damage. All equipment safety guards shall remain intact and serviceable. The Contractor shall carry liability insurance as detailed in the GENERAL CONDITIONS to cover any damage claims. REQUIRED EQUIPMENT The Contractor shall have sufficient and proper equipment to perfollu all work in a safe and timely manner. Types of equipment required for this contract: Line trimmers Walk -behind mowers Commercial rotary front mowers (60"-72" deck) Bagging/ mulching mowers Utility tractors with Landpride or comparable 14' to 22' tow -behind mowers Four wheel drive slope running tractor/mower Equipment listed on the Bid Form will be reviewed by Leisure Services Commission to determine whether it is adequate for this mowing contract. Page 4 of 4 BIDDER: ADDRESS: CITY OF WATERLOO, IOWA WATERLOO LEISURE SERVICES COMMISSION COMPANY NAME BID FORM for 2014 RIGHT-OF-WAY MOWING PHONE: ( ) 1. The undersigned, being a Corporation existing under the laws of the State of a Partnership consisting of the following partners: having been familiarized with the existing conditions on the project area affecting the cost of the work, and with all the Contract Documents now on file in the offices of the City Clerk, City Hall, Waterloo, Iowa, and the Waterloo Leisure Services Commission, 1101 Campbell Ave., Waterloo, Iowa, hereby proposes to furnish all supervision, technical personnel, labor, materials, machinery, tools, equipment, and services, including utility and transportation services required to complete the proposed RIGHT- OF-WAY MOWING, in accordance with the contract documents and for the unit price in place for the following amount: OPTION A: provide all mowing services for: • Broadway St. (22 acres) Parker St. to Airport Blvd. • Dubuque Road (22 acres) Nevada St. to Evansdale city limits • San Marnan Dr. (48 acres) W.4th St. to Texas St. • US 218 corridor (52 acres) US 63 interchange to San Marnan Dr. • Highway 20 overpasses (7 acres) Hammond Ave., Kimball Ave., Ansborough Ave., W.4th St. • Martin Luther King Jr. Dr. (23 acres) Franklin St. to Idaho. • Police Training Center (2.6 acres) Martin Luther King & Elk Run Rd Total 176.6 acres Price Per Acre: dollars ($ ) OPTION B: provide all specified mowing services for • University Ave. (13 acres) and • Greenhill Road (28 acres) Total 41 acres Price Per Acre: dollars ($ ) BID FORM page 1 of 3 OPTION C: provide all specified mowing services for Fairview Cemetery (7 acres) Price Per Acre: dollars ($ ) OPTION F: provide all specified mowing services for Virden Creek Waterway (2 acres) Price Per Acre: dollars($ ) OPTION G: provide all specified mowing services for Crossroads Blvd (1.5 acres) Price Per Acre: dollars($ 2. It is understood that the quantities set forth are approximate only and subject to variation and that the unit price for the work done shall govern the actual payment to the Contractor. 3. In submitting this bid, the Bidder understands that the City reserves the right to reject any or all bids and to award one or more contracts for a single Option, all Options together, or any combination of Options. If written notice of acceptance of this Bid is mailed or delivered to the undersigned within thirty (30) days after Bid Opening, of at any time thereafter before this bid is withdrawn, the undersigned agrees to execute and deliver an agreement in the prescribed form and furnish the required bond and certificate of insurance within ten (10) days after the agreement is presented for signature, and start work within ten (10) days after "Notice to Proceed" is issued. 4. Security in the sum of dollars ($ ) in the foul' of , is submitted herewith in accordance with NOTICE TO BIDDERS. 5. Attached is a Non -Collusion Affidavit of Prime Contractor. 6. The Bidder is prepared to submit a financial and experience statement upon request. 7. The Prime Contractor and Subcontractor(s), which have performed an aggregate of $10,000.00 in work for the City in the current calendar year, are prepared to submit an AAP or Update and an EOC, within ten (10) days of notification that the bid submitted is lowest and acceptable. 8. The Bidder has received the following Addendum or Addenda: Addendum No. Date: / / / / / / BID FORM page 2 of 3 9. The Bidder shall list the MBE/WBE subcontractors, amount of subcontracts and bid items listed on the City of Waterloo Minority and /or Women Business Pre-bid Contract Information Form submitted with this Bid Form. The apparent low bidder shall submit a list of all other subcontractor(s) to be used on this project to the City of Waterloo by 5:00 p.m. the business day following the day bids on this project are due along with the Non- collusion Affidavits of ALL Subcontractor(s). The subcontractors listed on this proposal and/or submitted to the Contract Compliance Officer cannot be changed except for the following reasons. 1. The City of Waterloo does not approve the subcontractors. 2. The subcontractors submit in writing that they cannot fulfill their subcontracts 10. The Bidder shall list all equipment available for this project: 11. The Bidder has filled in all blanks on this proposal. Those blanks not applicable are marked "none" or "NA". 12. The bidder has attached all applicable forms. 13. The owner reserves the right to select alternatives, delete line items, and/or to reduce quantities prior to the Award of Contract due to budgetary limitations. SIGNED: DATE: / / Name and Title BID FORM page 3 of 3 STATEMENT OF BIDDER'S QUALIFICATIONS (To be submitted by the Bidder only upon request of the City of Waterloo, Iowa.) All questions shall be answered and the data given must be clear and comprehensive. This statement must be notarized. If necessary, questions may be answered on separate attached sheets. The Bidder may submit any additional information desired. 1. Name of Bidder. 2. Permanent main office address. 3. When organized. 4. If a corporation, where incorporated. 5. How many years have you been engaged in the contracting business under your present firm or trade name? 6. Contracts on hand: (Schedule these showing amount of each contract and the appropriate anticipated dates of completion.) 7. General character of work performed by your company. 8. Have you ever failed to complete any work awarded to you? If so, where and why? 9. Have you ever defaulted on a contract? If so, where and why? 10. List the more important projects recently completed by your company, stating the approximate cost for each, and the month and year completed. 11. List your major equipment available for the contract. 12. Experience in landscape work similar in importance to the project. 13. Background and experience of the principal members of your organization, including the officers. 14. Credit available: $ 15. Give Bank reference: 16. Will you, upon request, fill out a detailed financial statement and furnish any other information that may be required by the City of Waterloo, Iowa? 17. The undersigned hereby authorizes and requests any person, firm, or corporation to furnish any infoiuiation requested by the City of Waterloo, Iowa, in verification of the recitals comprising this Statement of Bidder's Qualifications. STATEMENT OF BIDDERS QUALIFICATIONS PAGE 1 OF 2 Dated this day of , 20 Name of Bidder By: Title: State of ) ) ss County of ) being duly sworn deposes and says that she/he is of Name of Organization and that the answers to the foregoing questions and all statements therein contained are true and correct. Subscribed and sworn to before me this day of , 20 Notary Public My commission expires , 20 STATEMENT OF BIDDER'S QUALIFICATIONS PAGE 2 OF 2 BID BOND KNOW ALL MEN BY THESE PRESENTS, that we, as Principal, and as Surety are held and firmly bound unto the City of Waterloo, Iowa, hereinafter called "OWNER". In the penal sum dollars ($ ) lawful money of the United States, for the payment of which sum will and truly be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. The condition of this obligation is such that whereas the Principal has submitted the accompanying bid dated the day of , 20 , for NOW, THEREFORE, a) If said Bid shall be rejected, or in the alternate, b) If said Bid shall be accepted and the Principal shall execute and deliver a contract in the form specified and shall furnish a bond for his faithful performance of said contract, and for the payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the agreement created by the acceptance of said Bid, Then this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. By virtue of statutory authority, the full amount of this bid bond shall be forfeited to the Owner in liquidation of damages sustained in the event that the Principal fails to execute the contract and provide the bond as provided in the specifications or by law. The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its bond shall be in no way impaired or affected by any extension of the time within which the Owner may accept such Bid or execute such contract; and said Surety does hereby waive notice of any such extension. IN WITNESS WHEREOF, the Principal and the Surety, have hereunto set their hands and seals, and such of them as are corporations, have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers this day of , A.D. 20 Witness Principal By Surety (Seal) (Title) (Seal) By Witness Attorney -In -Fact BID BOND PAGE 1 OF 1 NON -COLLUSION AFFIDAVIT OF PRIME BIDDER State of ) County of ) , being first duly sworn, deposes and says that: 1. He is (Owner), (Partner), (Officer), (Representative), or (Agent) of the Bidder that has submitted the attached Bid; 2. He is fully informed respecting the preparation and contents of the attached Bid and of all pertinent circumstances respecting such Bid; 3. Such Bid is genuine and is not a collusive or sham Bid; 4. Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees, or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly, with any other Bidder, firm or person to submit a collusive or sham Bid in connection with the Contract for which the attached Bid has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other Bidder, firm or person to fix the price or prices in the attached Bid or of any other Bidder, or, to fix any overhead, profit or cost element of the bid price or the bid price of any other Bidder, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against the City of Waterloo, Iowa, or any person interested in the Proposed Contract; and 5. The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the Bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. Signature Title Sulrscra. ea'curd.wiorrvto-b-e.fore yneitlt day of , 2014. S L4na-turei rate/ My e. Lre4, NON -COLLUSION AFFIDAVIT OF SUBCONTRACTOR State of ) County of ) , being first duly sworn, deposes and says that: 1. He is (Owner), (Partner), (Officer), (Representative), or (Agent) of hereinafter referred to as the "Subcontractor"; 2. He is fully informed respecting the preparation and contents of the subcontractor's proposal submitted by the subcontractor to , contract pertaining to the 2014 RIGHT-OF-WAY MOWING CONTRACT in Waterloo, Black Hawk County, Iowa; 3. Such subcontractor's proposal is genuine and is not a collusive or sham proposal; 4. Neither the subcontractor nor any of its officers, partners, owners, agents, representatives, employees, or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly, with any other bidder, film or person to submit a collusive or sham proposal in connection with such contract or to refrain from submitting a proposal in connection with such contract, or has in any manner, directly or indirectly, sought by unlawful agreement or connivance with any other bidder, firm or person to fix the price or prices in said subcontractor's proposal, or to fix any overhead, profit or cost element of the price of prices in said subcontractor's proposal, or to secure through collusion, conspiracy, connivance or unlawful agreement any advantage against the City of Waterloo, Iowa, or any person interested in the proposed Contract; 5. The price or prices quoted in the subcontractor's proposal are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. Signature Title S u lrscra)f d, cwt.& sworn, to- Wore' day of , 2014. S rg%v►.a tures r My expire ' EQUAL OPPORTUNITY CLAUSE (As provided in Executive Order No. 11246) All contractors, subcontractors, vendors and suppliers of goods and services doing business with the City and value of said business equals or exceeds ten thousand dollars ($10,000.00) annually agree as follows: 1. The contractor, subcontractor, vendor and supplier of goods and services will not discriminate against any employee or applicant for employment because of race, color, creed, sex, national origin, economic status, age, mental or physical handicap, political opinions or affiliations. The contractor, subcontractor, vendor and supplier will develop an Affirmative Action program to ensure that applicants are employed and that employees are treated during employment without regard to their race, creed, color, sex, national origin, religion, economic status, age, mental or physical disability, political opinions or affiliations. Such actions shall include but not be limited to the following: a. Employment b. Upgrading c. Demotion or Transfer d. Recruitment and Advertising e. Layoff or Termination f. Rates of Pay or Other Forms of Compensation g. Selection for Training Including Apprenticeship. 2. The contractor, subcontractor, vendor and supplier of goods and services will, in all solicitations or advertisements for employees, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, sex, national origin, religion, economic status, age, mental or physical disabilities, political opinion or affiliations. 3. The contractor, subcontractor, vendor and supplier or his/her collective bargaining representative will send to each labor union or representative of workers which he/she has a collective bargaining agreement or other contract or understanding, a notice advising said labor union or workers' representative of the contractor's commitment under this section. 4. The contractor, subcontractor, vendor and supplier of goods and services will comply with all published rules, regulations, directives, and order of the City of Waterloo Affirmative Action Program Contract Compliance Provisions. 5. The contractor, subcontractor vendor and supplier of goods and services will furnish and file compliance reports within such time and upon such forms as provided by the Affirmative Action Officer. Said fauns will elicit information as to the policies, procedures, patterns, and practices of each subcontractor as well as the contractor himself/herself and said subcontractor, vendor and supplier will permit access to his/her employment books, records and accounts to the City's Affirmative Action Officer, for the purpose of investigation to ascertain compliance with this contract and with rules and regulations of the City's Affirmative Action Program — Contract Compliance Provisions relative to Resolution No. 24664. EQUAL OPPORTUNITY CLAUSE PAGE 1 OF 2 6. In the event of the contractor's non-compliance with the non-discrimination clauses of this contract or with any of such rules, regulations and orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further contracts in accordance with procedures authorized by the City Council. 7. The contractor, subcontractor, vendor and supplier of goods and services will include, or incorporate by reference, the provisions of the non-discrimination clause in every contract, subcontract or purchase order unless exempted by the rules, regulations or orders of the City's Affirmative Action Program, and will provide in every subcontract, or purchase order that said provisions will be binding upon each contractor, subcontractor, or supplier. 8. We, the undersigned, recognize that we are morally and legally committed to non- discrimination in employment. Any person who applies for employment with our company will not be discriminated against because of race, creed, color, sex, national origin, economic status, age, mental or physical disabilities. Signed: Appropriate Official Title Date EQUAL OPPORTUNITY CLAUSE PAGE 2 OF 2 STATE OF IOWA, } Black Hawk County, SS IV3AV 39/id I do solemnly swear that the annexed copy of legal City of Waterloo Airline Highway Rehabilitation Notice was published in the Waterloo -Cedar Falls Courier, a daily newspaper printed in Waterloo, Black Hawk County, Iowa, once commencing on the 21st day of March, 2014 in the name of said newspaper, and that the annexed rate of advertised is the regular legal rate of said newspaper, and that the following is a correct bill for publishing said notice. LATHE BEST INiS�TR HENT IN TeE Printer's Bill $158.21 ORCHESTRA IS THE CELLO, BECAUSE JJ 6C if 100 SPLIT YOUR PANTS, NO ONE WILL NOTICE - k9 34 The guest. The chicke the shops white rice! NOTICE OF PUBLIC HEARING 8 On Proposed Plans, Specifications, Form of Contract, And Estimate of Cost and the NOTICE TO BIDDERS For the Taking of Construction Bids For the F.Y. 2014 W. AIRLINE HIGHWAY it4miu REHABILITATION POJOald In the City of Waterloo, Iowa CONTRACT NO. 827 9Ot .LVN1 RECEIVING OF BIDS Sealed proposals will be received by the h914 fjdI City Clerk of the City of Waterloo, Iowa, at her office in the City Hall of the said City on the 7th day of April, 2014, until 4:00 p.m. for the construction of the F.Y. 2014 W. AIRLINE HIGHWAY REHABILITA- TION, Contract No. 827, as described in detail in the plans and specifications now on file in the Office of the City Clerk. OPENING OF BIDS All proposals received will be opened in open Council meeting to be held in the Law Court Theatre in the Waterloo Center for the Arts, 225 Commercial Street, in the City of Waterloo, Iowa, on the 7th day of April, 2014, at 5:30 p.m., and the proposals will be acted upon at such later ,/ time and place as may then be fixed. PUBLIC HEARING Notice is hereby given that the Council of said City will conduct a public hearing on the proposed plans, specifications, form of contract, and estimate of cost for the construction of the above-described im provement project at 5:30 p.m. on April 7, 2014 said hearing to be held in the Law CCVL Signed Subscribed and sworn to before me this as Day of Ck A.D., 20 lL &wc (YLaj Notary Public The day sushi was inve Received of TANK McNAMARA I-IERE'y AN PEA TO BRING FANTO TME 76ERY GAME... YOU HAVE A NIGHT WHERE TME 7GTM PAN WMO TAKE4 MIY PEAT GET A PRIZE. PROMOTIONS DEPARTMENT PEANUTS rr DO 410I UKEE PLAYING NINE OUrR9D,CNARUE TERRIALE: ID RATHER BE UP THERE ON THE MOUND..( ulEH 171 JUST the sum of Dollars. In full for publication of the above notice. JODI E MCKINSTRY CCl+1i•A SS!0N NO.782413 MY CV t Ohisk ES STATE OF IOWA, } Black Hawk County, SS n3)VJ W v 'etvN)ix TAV-15EST INSTRUMENT IN -M- ORCKF-STra1S THE CE1 L0, BEC,kU5 it, W 100 SPLIT YOUR PirNTS, NO ONE WILL NOTICE. WUMO >`f The guests t The chicken the shops al white rice! t NOTICE OF PUBLIC HEARING On Proposed Plans, Specifications, Form of Contract, And Estimate of Cost and the NOTICE TO BIDDERS For the Taking of Construction Bids For the F.Y. 2014 W. AIRLINE HIGHWAY REHABILITATION In the City of Waterloo, Iowa CONTRACT NO. 827 RECEIVING OF BIDS Sealed proposals will be received by the City Clerk of the City of Waterloo, Iowa, at her office in the City Hat of the said City on the 7th day of April, 2014, until 4:00 p.m. for the construction of the F.Y. 2014 W. AIRLINE HIGHWAY REHABILITA- TION, Contract No. 827, as described in detail in the plans and specifications now on file in the Office of the City Clerk. OPENING OF BIDS All proposals received will be opened in open Council meeting to be held in the Law Court Theatre in the Waterloo Center for the Arts, 225 Commercial Street, in the City of Waterloo, Iowa, on the 7th day of April, 2014, at 5:30 p.m., and the proposals will be acted upon at such later time and place as may then be fixed. PUBLIC HEARING Notice is hereby given that the Council of said City will conduct a public hearing on the proposed plans, specifications, form of contract, and estimate of cost for the construction of the above-described im- provement project at 5:30 p.m. on April 7, 2014 said hearing to be held in the Law 3)21 The day sushi was inven 'Ai TANK McNAMARA 70! OM N91 LIERE' ' AN IDEA -ro BRING FANS t0 'NE 7,ERY GAMEY... you I.1AvE A NIGFIT wP,ERE 1FIE 71otN FAN w{lo TAKEY NIY EA1 GE -r A PRIZE PROMOTIONS DEPARTMENT I do solemnly swear that the annexed copy of legal City of Waterloo Airline Highway Rehabilitation Notice was published in the Waterloo -Cedar Falls Courier, a daily newspaper printed in Waterloo, Black Hawk County, Iowa, once commencing on the 21st day of March, 2014 in the name of said newspaper, and that the annexed rate of advertised is the regular legal rate of said newspaper, and that the following is a correct bill for publishing said notice. Printer's Bill $158.21 C Signed Subscribed and sworn to before me this a 5 Day of A.D., 20 'q bCL 1114-q Received of Notary Public the sum of Dollars. In full for publication of the above notice. ,f JODI E MCK1NSTRY T i' COOMM!&SE)N NO.78211 MY GCfoliel 'for STATE OF IOWA, } Black Hawk County, SS NOTICE OF PUBLIC HEARING On Proposed Plans, Specifications, Form of Contract, And Estimate of Cost and the NOTICE TO BIDDERS For the Taking of Construction Bids For the F.Y. 2014 W. AIRLINE HIGHWAY REHABILITATION In the City of Waterloo, Iowa CONTRACT NO. 827 RECEIVING OF BIDS Sealed proposals will be received by the City Clerk of the City of Waterloo, Iowa, at her office in the City Hall of the said City on the 7th day of April, 2014, until 4:00 p.m. for the construction of the F.Y. 2014 W. AIRLINE HIGHWAY REHABILITA- TION, Contract No. 827, as described in detail in the plans and specifications now on file in the Office of the City Clerk. OPENING OF BIDS All proposals received will be opened in open Council meeting to be held in the Law Court Theatre in the Waterloo Center for the Arts, 225 Commercial Street, in the City of Waterloo, Iowa, on the 7th day of April, 2014, at 5:30 p.m., and the proposals will be acted upon at such later time and place as may then be fixed. PUBLIC HEARING Notice is hereby given that the Council of said City will conduct a public hearing on the proposed plans, specifications, form of contract, and estimate of cost for the construction of the above-described im- provement project at 5:30 p.m. on April 7, 2014 said hearing to be held in the Law 3ShWW 2.110 I 1 11` Wa �d0VI IRE PE3 t %f Umtn t 1N ' Nb ORCHESTRA iS THE CE1 L0, BECAUSE 4/4, if y0U SPLIT IOUR PANTS, NO ONE WILL NOTICE. WUMO The guests The chicken the shops a white rice! [ 101 0040 1001 NJIb IU I. The day sushi was inver 3/21 TANK McNAMARA HERE'S AN PEAT() BRING FANG t0 1-1-10 76,02ci GAMES... YOU NAVE A NIGHT WHERE THE 7roTN FAN wMo TAKEy Ml, SEAT GE -1 A PRIZE. PROMOTIONS DEPARTMENT PEANUTS SRU 'U4UUUKE PLAI1IN6 VIRE ournsAaai iD RATHER E£ UP TUERE ON THE INOUND� WE NM 11-ATIPf I do solemnly swear that the annexed copy of legal City of Waterloo Airline Highway Rehabilitation Notice was published in the Waterloo -Cedar Falls Courier, a daily newspaper printed in Waterloo, Black Hawk County, Iowa, once commencing on the 21st day of March, 2014 in the name of said newspaper, and that the annexed rate of advertised is the regular legal rate of said newspaper, and that the following is a correct bill for publishing said notice. Printer's Bill $158.21 ON lime (i_et cc kre_A,J Signed Subscribed and sworn to before me this Day of A.D., 20 Received of Notary Public the sum of Dollars. In full for publication of the above notice. Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2013-214 RESOLUTION CONFIRMING APPROVAL OF SPECIFICATIONS, BID DOCUMENT, FORM OF CONTRACT, ESTIMATE OF COST, ETC., IN CONJUNCTION WITH THE 2014 RIGHT-OF-WAY MOWING. WHEREAS, the City Council of the City of Waterloo, Iowa, heretofore instructed the Leisure Services Director of said City to prepare proposed specifications, bid document, form of contract, estimate of cost, etc., in conjunction with the 2014 Right -of -Way Mowing, in the City of Waterloo, Iowa, and WHEREAS, said Leisure Services Director did file said preliminary specifications, bid document, form of contract, estimate of cost, etc. in conjunction with the 2014 Right -of -Way Mowing, which were preliminarily approved by Resolution No. 2014- 240 on April 1, 2014, and WHEREAS, a public hearing, upon notice, was held on April 7, 2014. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that said proposed specifications, bid document, form of contract, estimate of cost, etc. in conjunction with the 2014 Right -of -Way Mowing, in the City of Waterloo, Iowa, be, and the same are hereby, approved as filed. PASSED AND ADOPTED this 7th day of April, 2014. Ernest G. Clark, Mayor ATTEST: Suzy Sc .res, CMC City Cle k Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-215 RESOLUTION AUTHORIZING TO PROCEED IN CONJUNCTION WITH THE 2014 RIGHT-OF-WAY MOWING. WHEREAS, by Resolution No. 2014-214, specifications, bid document, form of contract, etc., in conjunction with the 2014 Right -of -Way Mowing, in the City of Waterloo, Iowa, have been approved and adopted by this Council after the public hearing on April 7, 2014 as prescribed by statute. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that it is deemed advisable and necessary and it is so ordered on motion by this Council that the said project proceed in accordance with said specifications. PASSED AND ADOPTED this 7th day of April, 2014. ATTEST: Suzy Sch res, CMC City Cle k e44, t G. Clark, Mayor CITY OF WATERLOO Council Communication City Council Meeting: March 10, 2014 Prepared: February 27, 2014 Dept. Head Signature: # of Attachments: SUBJECT: Waterloo Public Library New Security Camera System Submitted by: Craig Clark - Building Official/Maintenance Administrator Recommend City Council Action: to instruct Building Official/Maintenance Administrator to prepare specifications, form of contract, etc. in conjunction with the Waterloo Public Library New Security Camera System, be received, placed on file and approved. that specifications, form of contract, etc. in conjunction with the Waterloo Public New Security Camera System be received and placed on file that "Resolution preliminarily approving specifications, form of contract, etc. in conjunction with the above described project", be adopted. that "Resolution setting date of hearing on specifications, form of contract, etc. and bid opening .11ve; 7"'as March 24, 2014 at 5:30 p.m. in the Waterloo Center for the Arts, Law Court Theater on the above described project", be adopted and City Clerk instructed to publish notice of same. Summary Statement: Expenditure Required 410-22.3100.2152 Source of Funds Background Information: This is a new security camera system for the Waterloo Public Library which will provide additional security assistance within the premises. Waterloo Public Library New Security Camera System April 7, 2014 Bid Tab Estimate: $90,000.00 Bid Security Not Required Bidder Bid Security Bid Amount Communications Engineering Company P.O. Box 488 Hiawatha, IA 52233 N/A r�i ') al ( , Hawkeye Alarm & Signal 16 Commercial St. Waterloo, IA 50701 N/A * D) -3(Q RC Systems 1657 Falls Ave. Waterloo, IA 50701 N/A J Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-216 RESOLUTION CONFIRMING APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, ESTIMATE OF COST, ETC., IN CONJUNCTION WITH THE WATERLOO PUBLIC LIBRARY SECURITY CAMERA SYSTEM UPGRADE. WHEREAS, the City Council of the City of Waterloo, Iowa, heretofore instructed the Building Official/Maintenance Administrator of said City to prepare proposed plans, specifications, form of contract, estimate of cost, etc., in conjunction with the Waterloo Public Library Security Camera System Upgrade, in the City of Waterloo, Iowa, and WHEREAS, said Building Official/Maintenance Administrator did file said preliminary plans, specifications, form of contract, estimate of cost, etc. in conjunction with the Waterloo Public Library Security Camera System Upgrade, which were preliminarily approved by Resolution No. 2014-180 on March 10, 2014, and 2014. WHEREAS, a public hearing, upon notice, was held on April 7, NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that said proposed plans, specifications, form of contract, estimate of cost, etc. in conjunction with the Waterloo Public Library Security Camera System Upgrade, in the City of Waterloo, Iowa, be, and the same are hereby, approved as filed. PASSED AND ADOPTED this 7th day of April, 2014. Ernest G. Clark, Mayor ATTEST: uzy Sch res, CMC City Clerk Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-217 RESOLUTION ORDERING CONSTRUCTION IN CONJUNCTION WITH THE WATERLOO PUBLIC LIBRARY SECURITY CAMERA SYSTEM UPGRADE. WHEREAS, by Resolution No. 2014-216, plans, specifications, form of contract, etc., in conjunction with the Waterloo Public Library Security Camera System Upgrade, in the City of Waterloo, Iowa, have been approved and adopted by this Council after the public hearing on April 7, 2014 as prescribed by statute. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that it is deemed advisable and necessary and it is so ordered on motion by this Council that the said project proceed in accordance with said plans and specifications. PASSED AND ADOPTED this 7th day of April, 2014. ea," Ernest G. Clark, Mayor ATTEST: Suzy Sc ares, CMC City Cl rk CITY OF WATERLOO Council Communication City Council Meeting: March 17, 2014 Prepared: March 11, 2014 Dept. Head Signature: Eric Thorson, PE., City Engineer # of Attachments: SUBJECT: F.Y. 2014 W. AIRLINE HIGHWAY REHABILITATION CONI RACT NO. 827 Submitted by: Dennis Gentz, PE, Assistant City Engineer Recommended City Council Action: It is recommended that Council approve these documents, set April 7, 2014, as the date for the public hearing and bid opening and instruct the City Clerk to publish said notices. Summary Statement Transmitted herewith are the Plans and Specifications for the F.Y. 2014 W. AIRLINE HIGHWAY REHABILITATION, Contract No. 827, as prepared by the City Engineer's Office. Expenditure Required TBD Source of Funds Local Option Sales Tax Funds Policy Issue N/A Alternative None Background Information: Cc: Rudy Jones, Community Development Director F.Y. 2014 W. Airline Highway Rehabilitation, Contract No. 827 April 7, 2014 Bid Tab Base Bid Estimate: $693,531.25 Bid Security 5% Bidder Bid Security Bid Amount Chester Bross Construction Co. P.O. Box 430 Hannibal, MO 63401 5% b�G'' C' 154 4 ) qiC . Iowa Erosion Control, Inc.CPO 1106 3rd Street P.O. Box Q Victor, IA 52347-0916 5% i G- ,317, ) Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-218 RESOLUTION CONFIRMING APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, ESTIMATE OF COST, ETC., IN CONJUNCTION WITH THE F.Y. 2014 W. AIRLINE HIGHWAY REHABILITATION, CONTRACT NO. 827. WHEREAS, the City Council of the City of Waterloo, Iowa, heretofore instructed the City Engineer of said City to prepare proposed plans, specifications, form of contract, estimate of cost, etc., in conjunction with the F.Y. 2014 W. Airline Highway Rehabilitation, Contract No. 827, in the City of Waterloo, Iowa, and WHEREAS, said City Engineer did file said preliminary plans, specifications, form of contract, estimate of cost, etc. in conjunction with the F.Y. 2014 W. Airline Highway Rehabilitation, Contract No. 827, which were preliminarily approved by Resolution No. 2014-188 on March 17, 2014, and WHEREAS, a public hearing, upon notice, was held on April 7, 2014. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that said proposed plans, specifications, form of contract, estimate of cost, etc. in conjunction with the F.Y. 2014 W. Airline Highway Rehabilitation, Contract No. 827, in the City of Waterloo, Iowa, be, and the same are hereby, approved as filed. PASSED AND ADOPTED this 7th day of April, 2014. ATTEST: LnSt_D,f7 Suzy Sc res, CMC City Cle k gg51 Ernest G. Clark, Mayor Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-219 RESOLUTION ORDERING CONSTRUCTION IN CONJUNCTION WITH THE F.Y. 2014 W. AIRLINE HIGHWAY REHABILITATION, CONTRACT NO. 827. WHEREAS, by Resolution No. 2014-218, plans, specifications, form of contract, etc., in conjunction with the F.Y. 2014 W. Airline Highway Rehabilitation, Contract No. 827, in the City of Waterloo, Iowa, have been approved and adopted by this Council after the public hearing on April 7, 2014 as prescribed by statute. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that it is deemed advisable and necessary and it is so ordered on motion by this Council that the said project proceed in accordance with said plans and specifications. PASSED AND ADOPTED this 7th day of April, 2014. ATTEST: Suzy Sch City Cle res, CMC k rest G. Clark, Mayor 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 SCHIv1ITT 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 Flan ng & De : ei vrnent Director Council Communication City Council Meeting: A. ril 7 201 Prepared: March 19, 2014 Dept. Head Signature: # of Attachments: SUBJECT: Request to preliminarily approve plans, specifications, form of contract, etc., and to set a date of public hearing for March 3, 2014, and publish an official notice pertinent to the taking of bids and request to receive and open the bid proposals for asbestos abatement services for properties located at 134 Dearborn Avenue, 928 Mulberry Street, 717 Vinton Street, 927 Mullan Avenue, 67 Franklin Street, 820 Fowler Street, 409 State Street, 520 Cottage Street, 1013 Lincoln, and 420 Dawson Street. Submitted by: Noel Anderson- Community Planning & Development Director Recommended City Council Action: Resolution setting date of hearing as March 3, 2014 to approve Request for Proposals for Asbestos Survey Services at 134 Dearborn Avenue, 928 Mulberry Street, 717 Vinton Street, 927 Mullan Avenue, 67 Franklin Street, 820 Fowler Street, 409 State Street, 520 Cottage Street, 1013 Lincoln, and 420 Dawson Street, and instruct City Clerk to publish notice. Summary Statement: These properties where acquired through the Iowa Code 657A and staff is now preparing to demolish them. State code requires that the asbestos must be abated prior to demolition after a survey has been completed by a certified asbestos company. Expenditure Required: To be determined Source of Funds: The asbestos abatement activities of this site will be undertaken by the City of Waterloo using G.O. funds, for nuisance abatement. Policy Issue: Nuisance abatement and infill -development Alternative: N/A cc: NOEL C. ANDERSON, Community Planning & Development Director RUDY JONES-, Community Development Director CITY WEBSITE: www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Request for Proposals for Asbestos Abatement Services for the following properties: 134 Dearborn Avenue, 928 Mulberry Street, 717 Vinton Street, 927 Mullan Avenue, 67 Franklin Street, 820 Fowler Street, 409 State Street, 520 Cottage Street, 1013 Lincoln Street, and 420 Dawson Street. April 7, 2014 Bid Tab Estimate: $54,000.00 Bid Security 5% Bidder Bid Security Bid Amount AAA Budget Environmental, Inc. ) �S'l ' o� 0 , 1900 Walnut St. 0 Cedar Falls, IA 50613 Abatement Specialties, LLC 1814 E Avenue NE 5% CiO M‘� 14-37‘ Cedar Rapids, IA 52402 Active thermal Concepts,-/-) 2805 Stonegate Ct. 5% q-6,c71/4-,�o I Ce7 Hiawatha, IA 52233 Advanced Environmental 803 Ricker Street o� 5% 11 , ) �l Waterloo, IA 50703 ECCO Midwest, Inc. 0` 10255 Inver Grove Trail 5% l Inver Grove Heights, MN 55076 626 New Horizons Enterprises, LLC ' a4-1 . P.O. Box 681183 5% 2 Kansas City, MO 64168-1183 Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-220 RESOLUTION CONFIRMING APPROVAL OF REQUEST FOR PROPOSAL DOCUMENT, PLANS, SPECIFICATIONS, FORM OF CONTRACT, ESTIMATE OF COST, ETC., IN CONJUNCTION WITH ASBESTOS ABATEMENT SERVICES FOR THE FOLLOWING PROPERTIES: 134 DEARBORN AVENUE, 928 MULBERRY STREET, 717 VINTON STREET, 927 MULLAN AVENUE, 67 FRANKLIN STREET, 820 FOWLER STREET, 409 STATE STREET, 520 COTTAGE STREET, 1013 LINCOLN STREET, AND 420 DAWSON STREET. WHEREAS, the City Council of the City of Waterloo, Iowa, heretofore instructed the Community Planning & Development Director of said City to prepare proposed Request for Proposal document, plans, specifications, form of contract, estimate of cost, etc., in conjunction with Asbestos Abatement Services for the following properties: 134 Dearborn Avenue, 928 Mulberry Street, 717 Vinton Street, 927 Mullan Avenue, 67 Franklin Street, 820 Fowler Street, 409 State Street, 520 Cottage Street, 1013 Lincoln Street, and 420 Dawson Street, in the City of Waterloo, Iowa, and WHEREAS, said Community Planning & Development Director did file said preliminary Request for Proposal document, plans, specifications, form of contract, estimate of cost, etc. in conjunction with Asbestos Abatement Services for the following properties: 134 Dearborn Avenue, 928 Mulberry Street, 717 Vinton Street, 927 Mullan Avenue, 67 Franklin Street, 820 Fowler Street, 409 State Street, 520 Cottage Street, 1013 Lincoln Street, and 420 Dawson Street, which were preliminarily approved by Resolution No. 2014-220 on April 7, 2014, and WHEREAS, a public hearing, upon notice, was held on April 7, 2014. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that said proposed Request for Proposal document, plans, specifications, form of contract, estimate of cost, etc. in conjunction with Asbestos Abatement Services for the following properties: 134 Dearborn Avenue, 928 Mulberry Street, 717 Vinton Street, 927 Mullan Avenue, 67 Franklin Street, 820 Fowler Street, 409 State Street, 520 Cottage Street, 1013 Lincoln Street, and 420 Dawson Street, in the City of Waterloo, Iowa, be, and the same are hereby, approved as filed. PASSED AND ADOPTED this 7th day of April, 2014. ATTEST: Cl Suzy Sc ares, CMC City Cl rk (J,0 41X-/;;'' Ernest G. Clark, Mayor Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703 (319) 291-4323. RESOLUTION NO. 2014-221 RESOLUTION ORDERING CONSTRUCTION IN CONJUNCTION WITH ASBESTOS ABATEMENT SERVICES FOR THE FOLLOWING PROPERTIES: 134 DEARBORN AVENUE, 928 MULBERRY STREET, 717 VINTON STREET, 927 MULLAN AVENUE, 67 FRANKLIN STREET, 820 FOWLER STREET, 409 STATE STREET, 520 COTTAGE STREET, 1013 LINCOLN STREET, AND 420 DAWSON STREET. WHEREAS, by Resolution No. 2014-220, Request for Proposal document, plans, specifications, form of contract, etc., in conjunction with Asbestos Abatement Services for the following properties: 134 Dearborn Avenue, 928 Mulberry Street, 717 Vinton Street, 927 Mullan Avenue, 67 Franklin Street, 820 Fowler Street, 409 State Street, 520 Cottage Street, 1013 Lincoln Street, and 420 Dawson Street, in the City of Waterloo, Iowa, have been approved and adopted by this Council after the public hearing on April 7, 2014 as prescribed by statute. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that it is deemed advisable and necessary and it is so ordered on motion by this Council that the said project proceed in accordance with said plans and specifications. PASSED AND ADOPTED this 7th day of April, 2014. ATTEST: Suzy Sch'res, CMC City Clerk a,,, Ernest G. Clark, Mayor 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 • (31 9) 291-4366 Fax (319) 291-4262 NOEL C. ANDERSON, Community Planning & .Deyelcpmer?t Director Council Communication City Council Meeting: A 7 Prepared: March 19, 2014 Dept. Head Signature: # of Attachments: SUBJECT: Request to preliminarily approve plans, specifications, form of contract, etc., and to set a date of public hearing for April 7, 2014, and publish an official notice pertinent to the taking of bids and request to receive and open the bid proposals for Asbestos Abatement Services for properties located at 801-805 Commercial Street. Submitted by: Noel Anderson- Community Planning & Development Director Recommended City Council Action: Resolution setting date of hearing as April 7, 2014 to approve Request for Proposals for Asbestos Abatement Services at 801-805 Commercial Street, and instruct City Clerk to publish notice. Summary Statement: These properties where acquired through the Iowa Code 657A and staff is now preparing to demolish them. State code requires that the asbestos must be abated prior to demolition after a survey has been completed by a certified asbestos company. Expenditure Required: To be determined Source of Funds: A portion of the cost to abate will be paid for with a $15,000 Grant from the IDNR. Costs above the $15,000 grant will be paid for with G.O. Funds for Nuisance abatement. Policy Issue: Nuisance abatement and infill -development Alternative: N/A cc: NOEL C. ANDERSON, Community Planning & Development Director RUDY JONES-, Community Development Director CITY WEBSITE: wwwci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Request for Proposals for Asbestos Abatement Services for 801-805 Commercial Street April 7, 2014 Bid Tab Estimate: $87,000.00 Bid Security 5% Bidder Bid Security Bid Amount AAA Budget Environmental, Inc. 1900 Walnut St. Cedar Falls, IA 50613 oku,�� 5% t f -(p) X 6 / ; Abatement Specialties, LLC 1814E Avenue NE Cedar Rapids, IA 52402 5%) NO 1 7 Active thermal Concepts 2805 Stonegate Ct. Hiawatha, IA 52233 5% c� i G l `Jfi t New Horizons Enterprises, LLC P.O. Box 681183 Kansas City, MO 64168-1183 5% �j 19\0)07 Site Services, Inc. 1621 East Commercial St. Algona, IA 50511 5% "�f q J6 STATE OF IOWA, } Black Hawk County, SS NOTICE OF PUBLIC HEARING AND NOTICE TO BIDDERS for the taking of Request for Proposals for ASBESTOS ABATEMENT SERVICES FOR THE FOLLOWING PROPERTIES: 801-805 Commercial Street. Sealed Request for Proposals will be received by the City Clerk of the City of Waterloo, Iowa, at her office in the City Hall of said City on the 7th day of April, 2014, until 4:00 p.m., for Asbestos Abatement Services for 801-805 Com- mercial Street. Notice is hereby given that the Council of the City of Waterloo, Iowa will conduct a public hearing on the Request for Proposal document, plans, specifications, form of contract, etc. for Asbestos Abatement Services for 801-805 Com- mercial Street at 5:30 p.m. on April 7, 2014, in the Law Court Theater, Waterloo Center for the Arts of Waterloo, Iowa. The proposed Request for Proposal docu- ment, plans, specifications, form of contract, etc. is on file in the office of the City Clerk for public examination. Anyone who is interested may appear at said time and place and be heard or may file written objection with the City Clerk, City Hall, Waterloo, Iowa, before the date set for said hearing. By order of the Council of the City of Waterloo this 24th day of March, 2014. Suzy Schares City Clerk I do solemnly swear that the annexed copy of legal City of Waterloo Public Hearing and notice to Bidders — Asbestos Abatement Services Notice was published in the Waterloo -Cedar Falls Courier, a daily newspaper printed in Waterloo, Black Hawk County, Iowa, once commencing on the 28th day of March, 2014 in the name of said newspaper, and that the annexed rate of advertised is the regular legal rate of said newspaper, and that the following is a correct bill for publishing said notice. Printer's Bill $16.19 ( � l 1., Yl'1 i.1 1') Signed Subscribed and sworn to before me this — Day of A.D., 20 N Received of Notary Public the sum of Dollars. In full for publication of the above notice. J©DI E MCKINSTRY CQMM!3S!ON iti .7e211 ww eoc, ' flES STATE OF IOWA, } Black Hawk County, SS NOTICE OF PUBLIC HEARING AND NOTICE TO BIDDERS for the taking of Request for Proposals for ASBESTOS ABATEMENT SERVICES FOR THE FOLLOWING PROPERTIES: 801-805 Commercial Street. Sealed Request for Proposals will be received by the City Clerk of the City of Waterloo, Iowa, at her office in the City Hall of said City on the 7th day of April, 2014, until 4:00 p.m., for Asbestos Abatement Services for 801-805 Com- mercial Street. Notice is hereby given that the Council of the City of Waterloo, Iowa will conduct a public hearing on the Request for Proposal document, plans, specifications, form of contract, etc. for Asbestos Abatement Services for 801-805 Com- mercial Street at 5:30 p.m. on April 7, 2014, in the Law Court Theater, Waterloo Center for the Arts of Waterloo, Iowa. The proposed Request for Proposal docu- ment, plans, specifications, form of contract, etc. is on file in the office of the City Clerk for public examination. Anyone who is interested may appear at said time and place and be heard or- may file written objection with the City Clerk, City Hall, Waterloo, Iowa, before the date set for said hearing. By order of the Council of the City of Waterloo this 24th day of March, 2014. Suzy Schares City Clerk I do solemnly swear that the annexed copy of legal City of Waterloo Public Hearing and notice to Bidders — Asbestos Abatement Services Notice was published in the Waterloo -Cedar Falls Courier, a daily newspaper printed in Waterloo, Black Hawk County, Iowa, once commencing on the 28th day of March, 2014 in the name of said newspaper, and that the annexed rate of advertised is the regular legal rate of said newspaper, and that the following is a correct bill for publishing said notice. Printer's Bill $16.19 Signed Subscribed and sworn to before me this q Day of Rpn ( A.D., 20 14 c17thc nqL11LLJ Notary Public Received of the sum of Dollars. In full for publication of the above notice. JODI E MCKINSTR! OM � ISS!C��a �v..7a::s .t akin Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-222 RESOLUTION CONFIRMING APPROVAL OF REQUEST FOR PROPOSAL DOCUMENT, PLANS, SPECIFICATIONS, FORM OF CONTRACT, ESTIMATE OF COST, ETC., IN CONJUNCTION WITH ASBESTOS ABATEMENT SERVICES FOR PROPERTY LOCATED AT 801-805 COMMERCIAL STREET. WHEREAS, the City Council of the City of Waterloo, Iowa, heretofore instructed the Community Planning & Development Director of said City to prepare proposed Request for Proposal document, plans, specifications, form of contract, estimate of cost, etc., in conjunction with Asbestos Abatement Services for property located at 801-805 Commercial Street, in the City of Waterloo, Iowa, and WHEREAS, said Community Planning & Development Director did file said preliminary Request for Proposal document, plans, specifications, form of contract, estimate of cost, etc. in conjunction with Asbestos Abatement Services for property located at 801-805 Commercial Street, which were preliminarily approved by Resolution No. 2014-201 on March 24, 2014, and WHEREAS, a public hearing, upon notice, was held on April 7, 2014. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that said proposed Request for Proposal document, plans, specifications, form of contract, estimate of cost, etc. in conjunction with Asbestos Abatement Services for property located at 801-805 Commercial Street, in the City of Waterloo, Iowa, be, and the same are hereby, approved as filed. PASSED AND ADOPTED this 7th day of April, 2014. ATTEST: ‘A..a.e.X0f t� Suzy Schares, CMC City Cler ----..61-f- Ernest G. C ark, Mayor Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703 (319) 291-4323. RESOLUTION NO. 2014-223 RESOLUTION ORDERING CONSTRUCTION IN CONJUNCTION WITH ASBESTOS ABATEMENT SERVICES FOR PROPERTY LOCATED AT 801-805 COMMERCIAL STREET. WHEREAS, by Resolution No. 2014-222, Request for Proposal document, plans, specifications, form of contract, etc., in conjunction with Asbestos Abatement Services for property located at 801-805 Commercial Street, in the City of Waterloo, Iowa, have been approved and adopted by this Council after the public hearing on April 7, 2014 as prescribed by statute. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that it is deemed advisable and necessary and it is so ordered on motion by this Council that the said project proceed in accordance with said plans and specifications. PASSED AND ADOPTED this 7th day of April, 2014. ATTEST: uuzych res S , C City Clerk Ernest G. Clark, MayOee, or Mayor BUCK CLARK COUNCIL MEMBERS DAVID JONES Ward 1 CAROLYN COLE Ward 2 PATRICK MORRISSEY Ward 3 QUENTIN M. HART Ward 4 RON WELPER Ward 5 TOM LIND At -Large STEVE SCHMITT At -Large CITY OF WATERLOO, IOWA COMMUNITY DEVELOPMENT 620 Mulberry Street, Carnegie Annex • Waterloo, IA 50703 • (319) 291-4429 Fax (319) 291-4431 CITY OF WATERLOO Council Communication City Council Meeting: April 7, 2014 Prepared: March 28, 2014 Dept: Head Signature: # of Attachments: 1 SUBJECT: Waterloo/Cedar Falls HOME Consortium FY2015 One -Year Action Plan for CDBG / HOME Program Funds FY2015 - FY2019 Five -Year Consolidated Plan 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 21, 2014 to review the proposed funding recommendations set forth by the Community Development Board for the FY2015 One - Year Action Plan for CDBG and HOME Program Funds and also to adopt the FY2015 - FY2019 Five -Year Consolidated Plan for the Waterloo/Cedar Falls HOME Consortium. The plan may be reviewed on the Community Development website at: http://www. ci.waterloo. ia.us/images/CommDevelopment/W aterlooCPAP.pdf Bound copies are available in the Community Development office. The proposed plan has been prepared by our consultants, Mullin & Lonergan Associates, Inc. Summary Statement: A 30 -day public comment period was advertised from March 3, 2014 through April 2, 2014 on the proposed one-year action plan and the five-year consolidated plan. No comments have been received to date. Any comments provided by the end of the comment period will be included with our plan submission. Copies of the original applications for the FY2015 one-year action plan are available at the Community Development office. Following the public hearing we request your approval and authorization to submit the Five -Year Consolidated Plan and the One -Year Action Plan to the U. S. Department of Housing and Urban Development for review and approval, before May 15, 2014. Source of Funds: CDBG and HOME Program Funds. Background Information: The Community Development Board approved the attached recommendations on March 28, 2014. RDJ:an Attachment J:\ANN-N\YEARDATA\Consol Plan\B14 - FY15\Submit App MC Ltr.docx EQUAL HOUSING OPPORTUNITY CITY WEBSITE: www.cityofwaterlooiowa.com WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer FY2015 CDBG AND HOME PROGRAMS - COMMUNITY DEVELOPMENT BOARD CDBG Organization final allocation 4-3-2014 Activity Boys & Girls Clubs of the Cedar Valley $ 65,000 New Boiler System City of Waterloo / Leisure Services Dept. - PR #1 $ 52,000 Upper Gates Park Shelter Project Clearance and Demolition $ 25,000 Demolition of Vacant Dilapidated Structures Consumer Credit Counseling Services of NE IA $ 8,500 MoneyMap Financial Literacy Emphasizing Home Ownership and Education Emergency Repairs $ 100,000 Emergency Repair for Single Family Rehabilitation Eye of the Needle (L.O.F.T.) $ 15,000 "Cooperation=Celebration" Project General Program Administration (20% of allocation) $ 235,583 CDBG Administration Neighborhood Services $ 60,000 City Liaison with Neighborhoods Ramps $ 10,000 Ramps Rehabilitation Administration $ 160,000 Rehabilitation Project Delivery Costs The Salvation Army $ 15,000 Salvation Army Emergency Shelters Single Family Rehabilitation $ 431,833 Single Family Owner -Occupied Rehabilitation TOTAL CDBG REQUESTS $ 1,177,916 HOME Organization final allocation 4-3-2014 Activity City of Cedar Falls $ 75,000 Annual Allocation - HOME Consortium Iowa Heartland Habitat for Humanity (CHDO Request) 15% = $ 67'818 Affordable Single Family Homes - New Construction Operation Threshold - PR #1 $ 40,000 Tenant Based Rental Assistance Program Single Family Rehabilitation $ 234,093 Single Family Owner -Occupied Rehabilitation Administration (10% of allocation) $ 45,212 HOME Administration $ 462,123 Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-224 RESOLUTION FIXING THE TIME AND PLACE OF HEARING TO BE GIVEN ON THE PROPOSED FUNDING RECOMMENDATIONS FOR THE WATERLOO/CEDAR FALLS HOME CONSORTIUM FY2015-FY2019 FIVE-YEAR CONSOLIDATED PLAN AND FY2015 ONE-YEAR ACTION PLAN FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND HOME PROGRAM FUNDS, AS APRIL 7, 2014, AT 5:30 P.M. IN THE CITY HALL COUNCIL CHAMBERS IN CITY HALL AND INSTRUCTING CLERK TO PUBLISH NOTICE OF HEARING. WHEREAS, the Council of the City of Waterloo, Iowa, shall meet in the Council Chambers in the City Hall in the City of Waterloo, Iowa, at 5:30 p.m. on the 7th day of April, 2014, for the purpose of considering and acting upon proposed funding recommendations for the Waterloo/Cedar Falls HOME Consortium FY2015-FY2019 Five -Year Consolidated Plan and FY2015 One -Year Action Plan for CDBG and HOME Program Funds. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the City Clerk is hereby directed to publish notice of the time and place of said hearing in the Waterloo Courier. PASSED AND ADOPTED this 7th day of April, 2014. 701' Ernest G. Clark, Mayor ATTEST: uzy Sc pares, CMC City Clerk Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-225 RESOLUTION APPROVING WATERLOO CONVENTION & VISITOR'S BUREAU (CVB) BOARD RECOMMENDATION FOR FUNDING IN THE EVENT/CAPITAL HOTEL -MOTEL TAX GRANT FUNDS FOR FY 2015. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the attached Waterloo Convention & Visitor's Bureau (CVB) Board recommendation for funding in the Event/Capital Hotel -Motel Tax Grant funds for FY 2015, be and the same are hereby approved. PASSED AND ADOPTED this 7th day of April, 2014. ATTEST: Suzy Scha es, CMC City Cler Ernest G. Clark, May r Applicant Project Score Percentage Request Grant Award VGM Heartland Conference Airport Shuttles 0.91 18500 13397.08 John Deere Museum Grand Opening Advertising 0.89 5000 3554.17 IOMA Pool & Darts Prize Funds 0.87 15000 10412.50 USS Enterprise . Reunion Transportation 0.86 5000 3425.00 CV Irish Fest Marketing 0.85 30000 16000.00 Greater CV USBC State Tournament Prize Funds 0.85 15000 10187.50 UNI Overseas Airport Shuttles 0.81 7500 4243.75 UNI -Dome USA Wrestling Fall/Spring Tournaments 0.80 7000 3925.10 Trekman Racing Park to Park Half Marathon 0.79 19300 9500.00 National Cattle Congress Dairy Show Payout 0.78 30000 14000.00 National Cattle Congress Llama Show - infrastructure 0.78 15000 8225.00 Kiwanis Club of Waterloo Thunder in the Valley Air Show 0.78 20000 10952.08 Iowa Dental Foundation Mission of Mercy event 0.78 10000 5446.88 CV Soccer Club Boys, Girls, & Adult Indoor Tournaments 0.77 5250 4000.00 Iowa Trust for Local Conservation WINTERFEST Conference 0.76 5000 2672.40 CV Pridefest Advertising 0.76 5000 2645.05 Waterloo Community Schools Battle of Waterloo Wrestling Tournament 0.75 10000 5279.17 Waterloo Softball Association USSSA Softball Tournament - Labor Day 0.75 3750 1976.95 Waterloo Leisure Services Byrnes Tennis Center Construction 0.74 15750 5857.03 Greater CV USBC Fusion Tournaments Bowling Tournament Prize Funds 0.74 15000 5570.31 Stardust Productions Blue Suede Memories V 0.74 8500 3143.23 Greater CV USBC Youth Scholarship Scholarship Prize Funds 0.73 8000 2912.50 147,325.70 Waterloo Jaycees - Open Prize Funds 0.71 20000 0.00 My Waterloo Days Marketing 0.70 5000 0.00 Waterloo Softball New Scoreboard Installation 0.67 10000 0.00 Senior Scratch Bowling 5050 Prize Funds 0.66 4000 0.00 Waterloo Cedar Fails Symphony Marketing 0.65 5000 0.00 BH Wrestling Facility Rental 0.62 3000 0 Waterhawks Ski Team Marketing 0.56 2500 0 Jaycees Fireworks Marketing 0.56 5000 0 BLAST Facility/Equipment Rental & Prize Funds 0.55 3424.11 0 ASPIRE Facility Rental, Advertising, Entertainment 0.55 5000 0 Iowa Classic Horse Show Prize Funds 0.54 3000 0 CITY OF WATERLOO Council Communication City Council Meeting: April 7, 2014 Prepared: April 2, 2014 Dept. Head Signature: Eric Thorson, PE., City Engineer # of Attachments: ______ SUBJECT: F.Y. 2014 KIMBALL AVENUE TRANSPORTATION IMPROVEMENTS CITY CON'T'RACT NO. 843 SUPPLEMENTAL AGREEMENT #4 CONSTRUCTION RELATED SERVICES Submitted by: Jeff Bales, Associate Engineer Recommended City Council Action: Staff has reviewed this agreement and recommends Council approve this document and authorizes Mayor to sign and enter into said agreement. Summary Statement Transmitted herewith is the Supplemental Agreement No. 4 with Ament, Inc., for construction related services including construction administration, inspection and observation, and construction surveys and materials testing in connection with the construction of the proposed Kimball Avenue Transportation Improvements, City Contract No. 843. Subconsultant, Robinson Engineering Company, will be added to assist in completing this work. This is an actual cost plus fix fee agreement with a maximum amount payable of $671,285.00. The required local match (20%) amounts to $134,257.00. This agreement is available in the City Clerk's office if you wish to review it in its entirety. Expenditure Required $134,257.00 Source of Funds 80% Federal Funds, 20% Local Option Sales Tax Policy Issue N/A Alternative N/A Background Information Iowa DOT Project No. STP -U-8155(731)--70-07 Owner Project No. 843 Professional Services Agreement for Kimball Avenue Transportation Improvements Project — from 500 Feet South of Tower Park Dr to Acadia St Supplemental Agreement No. 4 This is an AGREEMENT, made as of the eighteenth (18th) day of March in the year 2014; by and BETWEEN the City of Waterloo, Iowa, identified as the Owner ; City of Waterloo, Iowa City Hall 715 Mulberry Street Waterloo, IA 50703 and the Consultant ; Ament, Inc. (dba Ament Design) 625 32nd Avenue SW Cedar Rapids, IA 52404 for the following Project: The parties hereto entered into an agreement dated the twenty-fourth (24th) day of September, 2012 for survey, design and preparation of plans, specifications, and estimates for the Kimball Avenue Transportation Improvement Project — from 500 Feet South of Tower Park Drive to Acadia Street in Black Hawk County. The Owner shall proceed with the construction of the proposed improvements identified in the final plans, specifications, and estimates for the improvements, subject to the concurrence and approval of the Iowa Department of Transportation (Iowa DOT) and the Federal Highway Administration (FHWA) (when applicable). The Owner desires to employ the Consultant to provide additional work in connection with the construction of the improvements. The Consultant is willing to perform the construction -relates services in accordance with the terms hereinafter provided and warrants that it is in compliance with Iowa statutes relating to the licensure of professional engineers. Page 1 of 27 TABLE OF CONTENTS Article Number And Description 1 Initial Information 1.1 Project Parameters 1.2 Financial Parameters 1.3 Project Team 1.4 Time Parameters 2 Scope Of Services And Other Special Terms And Conditions 2.1 Enumeration of Parts of the Agreement 3 Form of Compensation 3.1 Method of Reimbursement 3.2 Subconsultant 4 Terms And Conditions 4.1 Ownership of Engineering Documents 4.2 Revision of Plans 4.3 Extra Work 4.4 Progress Meetings 4.5 Additional Plans 4.6 Termination of Agreement 4.7 Extension of Time 4.8 Mediation 4.9 Arbitration 4.10 Responsibility for Claims and Liability 4.11 Non -Raiding Clause 4.12 General Compliance with Laws 4.13 Subletting, Assignment or Transfer 4.14 Forbidding Use of Outside Agents 4.15 Consultant's Endorsement on Plans 4.16 Compliance with Title 49, Code of Federal Regulations 4.17 Access to Records 4.18 Iowa DOT and Federal Highway Administration Participation 4.19 Severability 4.20 Choice of Law and Form Attachment A - Scope of Services Attachment A-1 - Duties, Responsibilities, and Limitations of Authority of Resident Project Representative Attachment B - Specifications Attachment C - Fees and Payments Attachment C-1 - Cost Analysis Sheet Attachment D - Intentionally Omitted Attachment E - Intentionally Omitted Attachment F - Intentionally Omitted Attachment G - Intentionally Omitted (Sample Invoice Form is part of Base Agreement) Attachment H - Consultant Fee Schedule (Staff Hour Estimate) Attachment H-1 - Consultant Fee Schedule (Terracon Consultants, Inc.) Attachment H-1 - Consultant Fee Schedule (Robinson Engineering Company) P:\G00412.10\Word\Agreements\G00412.10 Consultant Contract (S.A. No. 4 - Construction -Related Services) (03-18-2014).doc Page 2 of 27 ARTICLE 1 INITIAL INFORMATION This Agreement is based on the following information and assumptions. 1.1 Project Parameters The objective or use is: Perform construction -related services (construction administration, construction observation, construction surveys, and materials testing) in connection with the construction of the proposed improvements indicated in the final plans, specifications, and estimates developed under previous supplemental agreements to the Base Agreement. 1.2 Financial Parameters 1.2.1 The financial parameters are; Amount of the Owner's budget for the Consultant's compensation is: Six -hundred seventy-one thousand two -hundred eighty-five and 00/100 dollars ($671,285.00) 1.2.2 Amount of the Consultant's budget for the subconsultants' compensation is: Fifty-four thousand seven -hundred ninety-six and 00/100 dollars ($54,796.00) 1.2.3 Costs for this Agreement will be segregated from all previous agreements with the Consultant utilizing the same contract number, but different task numbers. This fee is based on the Project Contractor utilizing a maximum of two hundred forty (240) working days to substantially complete Project construction. 1.3 Project Team 1.3.1 The Owner's Designated Representative identified as the Contract Administrator is: Jeff Bales — Associate Engineer, City Engineering Department The Contract Administrator is the authorized representative, acting as liaison officer for the Owner for purpose of coordinating and administering the work under the Agreement. The work under this Agreement shall at all times be subject to the general supervision and direction of the Contract Administrator and shall be subject to the Contract Administrator's approval. 1.3.2 The Consultant's Designated Representative is: Rob J. Haaland, P.E. — Project Manager 1.3.3 The subconsultants retained at the Consultant's expense are: Terracon Consultants, Inc. Robinson Engineering Company 1.4 Time Parameters 1.4.1 Date to Proceed: Consultant is to begin work under this Agreement upon receipt of a written notice to proceed from the Owner. 1.4.2 Construction -related services shall be completed and accepted on or before March 31, 2016 or ninety (90) calendar days after the Project Contractor has submitted all required documentation to the Consultant (whichever is greater). The schedule is based on the Project Contractor starting Project construction no later than May 19, 2014 and utilizing a maximum of two hundred forty (240) working days to substantially complete Project construction. ARTICLE 2 SCOPE OF SERVICES AND OTHER SPECIAL TERMS AND CONDITIONS 2.1 Enumeration of Parts of the Agreement. 2.1.1 The work to be performed by the Consultant under this Agreement shall encompass and include all detail work, services, materials, equipment and supplies necessary to prepare and deliver the scope of services provided in Attachments A and A-1. 2.1.2 All services herein required and provided shall be in conformity with the applicable Iowa DOT Standards, Design Guides and Specifications and Title 23, Code of Federal Regulations, Part 625, as outlined in Attachment B. P:\G00412.10\Word\Agreements\G00412.10 Consultant Contract (S.A. No. 4 - Construction -Related Services) (03-18-2014).doc Page 3 of 27 2.1.3 Other documents as follows: .1 Fees and Payments - Attachment C .2 Cost Analysis Sheet - Attachment C-1 .3 Consultant Fee Schedule (Staff Hour Estimate) - Attachment H .4 Consultant Fee Schedule (Terracon Consultants, Inc.) - Attachment H-1 .5 Consultant Fee Schedule (Robinson Engineering Company) - Attachment H-1 2.1.4 Refer to the Base Agreement for documents as follows: .1 Certification Regarding Debarment, Suspension, and Other Responsibility Matters - Attachment D .2 Certification of Consultant - Attachment E .3 Certification of Owner - Attachment F .4 Sample Invoice Form - Attachment G ARTICLE 3 FORM OF COMPENSATION 3.1 Method of Reimbursement 3.1.1 For the Consultant's services as described under Article 2, compensation shall be computed in accordance with the Cost Plus Fixed Fee compensation method, as defined in Attachment C. 3.2 Subconsultant 3.2.1 The Consultant shall require the subconsultants (if applicable) to notify them if they at any time determine that their costs will exceed their estimated actual costs. The Consultant shall not allow the subconsultants to exceed their estimated actual costs without prior written approval of the Contract Administrator. The prime Consultant is cautioned that cost under -runs associated with any subconsultant's contract are not available for use by the prime Consultant unless the Contract Administrator has given prior written approval and the Iowa DOT and the FHWA (when applicable) concurs. ARTICLE 4 TERMS AND CONDITIONS 4.1 Ownership of Engineering Documents 4.1.1 All sketches, tracings, plans, specifications, reports on special studies and other data prepared under this Agreement shall become the property of the Owner and shall be delivered to the Contract Administrator upon completion of the plans or termination of the services of the Consultant. There shall be no restriction or limitation on their future use by the Owner, except any use on extensions of the project or on any other project without written verification or adaptation by the Consultant for the specific purpose intended will be the Owner's sole risk and without liability or legal exposure to the Consultant. 4.1.2 The Owner acknowledges the Consultant's plans and specifications, including all documents on electronic media, as instruments of professional service. Nevertheless, the plans and specifications prepared under this Agreement shall become the property of the Owner upon completion of the services and payment in full of all moneys due to the Consultant. 4.1.3 The Owner and the Consultant agree that any electronic files prepared by either party shall conform to the specifications listed in Attachment B. All electronic files will be submitted to the Owner by the Consultant on CD or other mutually agreed upon medium. Any change to these specifications by either the Owner or the Consultant is subject to review and acceptance by the other party. Additional efforts by the Consultant made necessary by a change to the CADD software specifications shall be compensated for as Additional Services. 4.1.4 The Owner is aware that significant differences may exist between the electronic files delivered and the respective construction documents due to addenda, change orders or other revisions. In the event of a conflict between the signed construction documents prepared by the Consultant and electronic files, the signed construction documents shall govern. P:\G00412.10\Word\Agreements\G00412.10 Consultant Contract (S.A. No. 4 - Construction -Related Services) (03-18-2014).doc Page 4 of 27 4.1.5 The Owner may reuse or make modifications to the plans and specifications, or electronic files while agreeing to take responsibility for any claims arising from any modification or unauthorized reuse of the plans and specifications. 4.2 Revision of Plans 4.2.1 Drafts of work products shall be submitted to the Contract Administrator by the Consultant for review and comment. The comments received from the Contract Administrator and the reviewing agencies shall be incorporated by the Consultant prior to submission of the final work product by the Consultant. Work products revised in accordance with review comments shall constitute "satisfactorily completed and accepted work". Requests for changes on work products by the Contract Administrator shall be in writing. In the event there are no comments from the Contract Administrator or reviewing agencies to be incorporated by the Consultant into the final work product, the Contract Administrator shall immediately notify the Consultant, in writing, that the work product shall constitute "satisfactorily completed and accepted work". 4.2.2 In the event that the work product prepared by the Consultant is found to be in error and revision or reworking of the work product is necessary, the Consultant agrees that it shall do such revisions without expense to the Owner, even though final payment may have been received. The Consultant must give immediate attention to these changes so there will be a minimum of delay during construction. The above and foregoing is not to be construed as a limitation of the Owner's right to seek recovery of damages for negligence on the part of the Consultant herein. 4.2.3 Should the Contract Administrator find it desirable to have previously satisfactorily completed and accepted work product or parts thereof revised, the Consultant shall make such revisions if requested and directed by the Contract Administrator in writing. This work will be paid for as provided in Article 4.3. 4.3 Extra Work 4.3.1 If the Consultant is of the opinion that any work it has been directed to perform is beyond the scope of this Agreement, and constitutes "Extra Work", it shall promptly notify the Contract Administrator in writing to that effect. In the event that the Contract Administrator determines that such work does constitute "Extra Work", the Owner will provide extra compensation to the Consultant upon the basis of actual costs plus a fixed fee amount, or at a negotiated lump sum. Unless written approval for "Extra Work" has been secured in advance from the Contract Administrator, and the Iowa DOT and the FHWA (when applicable) concurs, no claims will be allowed. However, the Owner shall have benefit of the service rendered. 4.4 Progress Meetings 4.4.1 From time to time as the work progresses, conferences will be held at mutually convenient locations at the request of the Contract Administrator to discuss details of the design and progress of the work. The Consultant shall prepare and present such information and studies as may be pertinent and necessary or as may be requested by the Contract Administrator, to enable the Contract Administrator to pass judgment on the features and progress of the work. 4.5 Additional Plans 4.5.1 At the request of the Contract Administrator, the Consultant shall furnish sufficient prints of plans or other data in such detail as may be required, for the purposes of review of details and for plan -in -hand and field check inspections. 4.6 Termination of Agreement 4.6.1 In the event of the death of any member or partner of the Consultant's firm, the surviving members shall complete the work, unless otherwise mutually agreed upon by the Owner and the survivors. 4.6.2 The right is reserved by the Owner to terminate this Agreement at any time upon not less than thirty (30) days' written notice to the Consultant. P:\G00412.10\Word\Agreements\G00412.10 Consultant Contract (SA. No. 4 - Construction -Related Services) (03-18-2014).doc Page 5 of 27 4.6.3 In the event the Agreement is terminated by the Owner without fault on the part of the Consultant, the Consultant shall be paid for the reasonable and necessary work performed or services rendered and delivered up to the effective date or time of termination. The value of the work performed and services rendered and delivered, and the amount to be paid shall be mutually satisfactory to the Contract Administrator and to the Consultant. The Consultant shall be paid a portion of the fixed fee, plus actual costs. The portion of the fixed fee shall be based on the ratio of the actual costs incurred to the estimated actual costs contained in Attachment C. Actual costs to be reimbursed shall be determined by audit of such costs to the date established by the Contract Administrator in the termination notice, except that actual costs to be reimbursed shall not exceed the Estimated Actual costs, plus any authorized contingency. 4.6.4 In the event the Agreement is terminated by the Owner for fault on the part of the Consultant, the Consultant shall be paid only for work satisfactorily performed and delivered to the Contract Administrator up to the date established by the termination notice. After audit of the Consultant's actual costs to the date established by the Contract Administrator in the termination notice and after determination by the Contract Administrator of the amount of work satisfactorily performed, the Contract Administrator shall determine the amount to be paid to the Consultant. 4.6.5 The right is reserved by the Owner to suspend this Agreement at any time. The Contract Administrator may effect such suspension by giving the Consultant written notice, and it will be effective as of the date established in the suspension notice. Payment for the Consultant's services will be made by the Owner to the date of such suspension, in accordance with paragraph 4.6.3 above. 4.6.6 Should the Owner wish to reinstate the work after notice of suspension, such reinstatement may be accomplished by thirty (30) days' written notice within a period of one year after such suspension, unless this period is extended by written consent of the Consultant. 4.6.7 4.7 Extension of Time 4.7.1 The time for completion of each phase of this Agreement shall not be extended because of any delay attributed to the Consultant, but may be extended by the Contract Administrator in the event of a delay attributed to the Owner or the Contract Administrator, or because of unavoidable delays caused by an act of God, war, government actions, or similar causes beyond the reasonable control of the Consultant. 4.8 Mediation 4.8.1 In an effort to resolve any conflicts that arise during the design or construction of the project or following the completion of the project, the Owner and the Consultant agree that all disputes between them arising out of or relating to this Agreement shall be submitted to non-binding mediation unless the parties mutually agree otherwise. The Owner and the Consultant further agree to include a similar mediation provision in all agreements with independent contractors and Consultants retained for the project and to require all independent contractors and Consultants also to include a similar mediation provision in all agreements with subcontractors, subconsultants, suppliers or fabricators so retained, thereby providing for mediation as the primary method for dispute resolution between the parties to those agreements. 4.9 Arbitration 4.9.1 In the event the parties to this Agreement are unable to reach a settlement of any dispute arising out of the services under this Agreement in accordance with Paragraph 4.8, then such disputes shall be settled by binding arbitration by an arbitrator to be mutually agreed upon by the parties, and pursuant to the arbitration procedures set out in Iowa Code Chapter 679A. Any arbitration pursuant to this paragraph or mediation pursuant to Paragraph 4.8.1 shall occur in Black Hawk County, Iowa. 4.10 Responsibility For Claims And Liability P:\G00412.10\Word\4greements\G00412.10 Consultant Contract (S.A. No. 4 - Construction -Related Services) (03-18-2014).doc Page 6 of 27 4.10.1 The Consultant shall defend, indemnify and save harmless the Owner, the Iowa Department of Transportation, the State of Iowa, its agencies, agents, employees and assignees and the Federal Government from all claims and liabilities due to design error, omission or negligent act of the Consultant, its members, agents, stockholders, or employees in connection with performance of this Agreement. 4.11 Non -Raiding Clause 4.11.1 The Consultant shall not engage the services of any person or persons, then in the employment of the Owner, for work covered by this Agreement without the written consent of the employer of such person. 4.12 General Compliance With Laws 4.12.1 The Consultant shall comply with all Federal, State and Local laws and ordinances applicable to the work. 4.13 Subletting, Assignment Or Transfer 4.13.1 Subletting, assignment, or transfer of all or part of the interest of the Consultant in this Agreement is prohibited unless written consent is obtained from the Contract Administrator and the Iowa DOT and the FHWA (when applicable) concurs. 4.14 Forbidding Use of Outside Agents 4.14.1 The Consultant warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Consultant, to solicit or secure this Agreement, and that it has not paid or agreed to pay any company or person, other than bona fide employees working solely for the Consultant, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, the Owner shall have the right to annul the Agreement without liability, or in its discretion to deduct from the Agreement price or consideration or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, or counterpart fee. 4.15 Consultant's Endorsement On Plans 4.15.1 The Consultant shall endorse the completed computations prepared under this Agreement, and shall affix thereto the seal of a licensed professional engineer or architect, licensed to practice in the State of Iowa, in accordance with the current Code of Iowa. 4.16 Compliance With Title 49, Code Of Federal Regulations 4.16.1 During the performance of this Agreement, the Consultant and its assignees and successors in interest agree as follows: 4.16.1.1 Compliance with Regulations 4.16.1.1.1 The Consultant will comply with the regulations of the U.S. Department of Transportation, relative to nondiscrimination in federally assisted programs of the U.S. Department of Transportation (Title 49, Code of Federal Regulations, Part 21, hereinafter referred to as the "Regulations"), which are herein incorporated by reference and made a part of this Agreement. 4.16.1.2 Nondiscrimination 4.16.1.2.1The Consultant, with regard to the work performed by it, will not discriminate on the grounds of race, religion, age, physical disability, color, sex or national origin in the selection and retention of subconsultants, including procurement of materials and leases of equipment. The Consultant will not participate, either directly or indirectly, in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the Agreement covers a program set forth in the Regulations. 4.16.1.3 Solicitation for Subconsultants, Including Procurement of Materials and Equipment P:\G00412.10\Word \Agreements\G00412.10 Consultant Contract (SA. No. 4 - Construction -Related Services) (03-18-2014).doc Page 7 of 27 4.16.1.3.1 In all solicitations, either by competitive bidding or negotiation made by the Consultant for work to be performed under a subcontract, including procurement of materials or equipment, each potential subconsultant or supplier shall be notified by the Consultant of the Consultant's obligation under this contract and the regulations relative to nondiscrimination on the grounds of race, religion, age, physical disability, sex, or national origin. 4.16.1.4 Disadvantaged Business Enterprises 4.16.1.4.1 The Consultant or its subconsultants agree(s) to ensure that disadvantaged business enterprises (DBEs) as defined in 49 CFR Part 26 have the maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with Federal funds provided under this Agreement. In this regard the Consultant and all of its subconsultants shall take all necessary and reasonable steps in compliance with the Iowa DOT DBE Program to ensure disadvantaged business enterprises have the maximum opportunity to compete for and perform contracts. The Consultant and their subconsultants shall not discriminate on the basis of race, religion, age, physical disability, color, sex or national origin in the award and performance of U.S. DOT assisted contracts. If, as a condition of assistance, the Iowa DOT has submitted to the U.S. DOT, or the Consultant has submitted to the Iowa DOT, and the U.S. DOT or Department has approved a disadvantaged business enterprise affirmative action program which the Iowa DOT and/or Consultant agrees(s) to carry out, this program(s) is incorporated into this Agreement by reference. This program shall be treated as a legal obligation and failure to carry out its terms shall be treated as a violation of this financial assistance agreement. Upon notification to the Consultant of its failure to carry out the approved program, the Owner, the Iowa DOT, and/or the U.S. DOT shall impose sanctions, which may include termination of the Agreement or other measures that may affect the ability of the Consultant to obtain future U.S. DOT financial assistance. The Consultant or any of its subconsultants are hereby advised that failure to fully comply with the Iowa Department of Transportation's DBE Program shall constitute a breach of contract and may result in termination of this Agreement or agreement(s) by the Owner or such remedy as the Owner deems appropriate. Refer to Article 4.6 of the Agreement. 4.16.1.5 Information and Reports 4.16.1.5.1The Consultant will provide all information and reports required by the regulations, orders and instructions issued pursuant thereto, and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Owner, the Iowa DOT, or the FHWA, to be pertinent to ascertain compliance with regulations, orders and instructions. Where any information required of a Consultant is in the exclusive possession of another who fails or refuses to furnish this information, the Consultant shall so certify to the Owner, the Iowa DOT, or the FHWA, as appropriate, and shall set forth what efforts it has made to obtain information. 4.16.1.6 Sanctions for Noncompliance 4.16.1.6.1 In the event of the Consultant's noncompliance with the nondiscrimination provisions of this Agreement, the Owner shall impose such contract sanctions as it, the Iowa DOT, or the FHWA, may determine to be appropriate, including, but not limited to: ...1.6.1.1 Withholding of payments to the Consultant under the Agreement until the Consultant complies, and/or ...1.6.1.2 Cancellation, termination or suspension of the Agreement, in whole or in part. 4.16.1.7 Incorporation of Provisions 4.16.1.7.1 The Consultant will include the provisions of Article 4.16.1.1 through 4.16.1.6 of this Agreement in every subagreement, including procurements of materials and lease of equipment, unless exempt by the regulations, orders or instructions issued pursuant thereto. The Consultant will take such action with respect to any subagreement or procurement as the Owner, Iowa DOT, or FHWA may direct as a means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event a Consultant becomes involved in, or is threatened with, litigation with a subconsultant or supplier as a result of such direction, the Consultant may request the Owner, the Iowa DOT, or the Untied States to enter into such litigation to protect the interests of the Owner , the Iowa DOT, and the Unites States, respectively. P:\G00412.10\Word\Agreements\G00412.10 Consultant Contract (SA. No. 4 - Construction -Related Services) (03-18-2014).doc Page 8 of 27 4.17 Access To Records 4.17.1 The Consultant is to maintain all books, documents, papers, accounting records and other evidence pertaining to this Agreement and to make such materials available at their respective offices at all reasonable times during the agreement period, and for three years from the date of final payment under the Agreement, for inspection and audit by the Owner, Iowa DOT, FHWA, or any authorized representatives of the Federal Government; and copies thereof shall be furnished, if requested. 4.18 Iowa DOT and Federal Highway Administration Participation 4.18.1 The work under this Agreement shall be contingent upon and subject to the approval of the Iowa DOT and the Federal Highway Administration (if applicable). The Iowa DOT and the Federal Highway Administration shall have the right to participate in the conferences between the Consultant and the Owner and to participate in the review or examination of the work in progress. 4.19 Severability If any section, provision or part of this Agreement shall be adjudged invalid or unconstitutional, such adjudication shall not affect the validity of the Agreement as a whole or any section, provision, or part thereof not adjudged invalid or unconstitutional. 4.20 Choice of Law and Form The laws of the State of Iowa shall govern and determine all matters arising out of or in connection with this Agreement without regard to the choice of law provisions of Iowa law. In the event any proceeding of a quasi-judicial or judicial nature is commenced in connection with this Agreement, the exclusive jurisdiction for the proceeding shall be brought in the Black Hawk County District Court for the State of Iowa, Waterloo, Iowa. This provision shall not be construed as waiving any immunity to suit or liability including without limitation sovereign immunity in State or Federal court, which may be available to the Owner. P:\G00412.10\Word\Agreements\G00412.10 Consultant Contract (S.A. No. 4 - Construction -Related Services) (03-18-2014).doc Page 9 of 27 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their proper officials thereunto duly authorized as of the dates below indicated. Ament, Inc. 14A —• Michael G. Dryden, P.E. Secretary/Treasurer City of Waterloo, Iowa Ernest G. "Buck" Clark Mayor Iowa Department of Transportation Accepted for FHWA Authorization* Date: /4/0..' ( / Qoiy Date: By: Date: Robert Welper, P.E. Local Systems Engineer District 2 Office * The Iowa DOT is not a party to this Agreement. However, by signing this Agreement, the Iowa DOT is indicating the work proposed under this Agreement is acceptable for FHWA authorization of Federal funds. P:\G00412.10\Word\Agreements\G00412.10 Consultant Contract (SA. No. 4 - Construction -Related Services) (03-18-2014) with MGD Signature.docPage 10 of 27 ATTACHMENT A Scope of Services Scope of Services The scope of services to be performed by the ENGINEER shall be completed in accordance with generally accepted standards of practice and shall include the services and supplies to perform tasks listed below. I. Project Management Project Management will involve managing the scope, schedule, and budget for the Project. It will involve overseeing and directing the members of the Project Team including ENGINEER's staff and ENGINEER's Consultants. It will include ongoing communications with the OWNER (correspondence, phone calls, etc.) and the preparation and submittal of monthly invoices to the OWNER for reimbursement of costs and fees. A. Track Project Schedule — This task involves tracking the project schedule throughout the length of the construction -related services phase. This will be done to determine if the performance of the construction - related services is in conformance with the project schedule. This task includes the preparation of written instructions for project staff providing background, names of contacts, communications procedures, responsibilities, schedule and budget information, and other important elements for the project. This task also includes the development of a graphic project schedule indicating critical dates, milestones, and deliverables and the preparation of a detailed work plan with specific staff assignments, by task, corresponding to the schedule. B. Monitor Project Scope — This task involves monitoring the project scope throughout the length of the construction -related services phase. This will be done to identify needed services that are not included in the scope of the construction -related services contract. ENGINEER will make the OWNER representative aware of potential change orders to the construction -related services contract before the additional services are performed. C. Consultant Management — This task involves the preparation of subcontracts and work orders for ENGINEER's Consultants. This task also includes monitoring ENGINEER's Consultant activities, reviewing ENGINEER's Consultant invoices, and submitting to the OWNER for payment. This task also includes reviewing ENGINEER's Consultant work for technical accuracy and conformance with project requirements. The Consultants that are anticipated are: • Terracon Consultants, Inc. • Robinson Engineering Company D. Quality Control Plan — This task involves establishment of review and checking procedures for Project deliverables. The ENGINEER will designate responsibility for implementation of the plan. II. Public Involvement Plan The Public Involvement Plan (PIP) will involve a) the business owners, residents, and other property owners who will be most directly impacted by construction of the Project — those located along the Project corridor; b) other Project stakeholders who will be affected by Project construction, but not as directly, such as neighborhood associations and nearby schools, churches, hospitals, and major employers; and c) the general public. The Public Involvement Plan (PIP) for the Project will include: A. Maintenance of a Property Owner and Stakeholder Database / Mailing Lists — This task includes the maintenance and updating of the database and mailing list that were developed under previous supplemental agreements for both business owners and residents in the Project corridor as well as other Project stakeholders, for use in providing notifications about the Project. B. Notification of Property Owners / Stakeholders — This task includes the preparation of letters (and envelopes, if needed) addressed to individual property owners along the Project corridor(s) and other Project stakeholders and the distribution of these letters via either conventional mail or electronic mail or hand - delivery. The purpose of this notification will be to inform individual property owners and stakeholders of the Public Information / Open House Meeting that is to be conducted. P:\G00412.10\Word\Agreements\G00412.10 Consultant Contract (S.A. No. 4 - Construction -Related Services) (03-18-2014).doc Page 11 of 27 C. Public Information / Open House Meetings — This task includes the development of the necessary exhibits for and facilitation of one (1) Public Information / Open House Meeting. The purpose of this meeting is to inform corridor businesses, residents, schools, churches, hospitals, other Project stakeholders, and the general public of the Project's construction and to present the final Project design. The ENGINEER will be responsible for scheduling the Public Information Meeting, reserving an appropriate meeting facility, and publishing a notice of the Public Information Meeting in the local newspaper. [This Public Information Meeting (PIM) is in lieu of the third PIM that was included in Supplemental Agreement No. 1.] D. Host and Maintain Kimball Avenue Transportation Improvements Project Facebook® Page — This task includes the hosting and ongoing maintenance and updating of a Facebook® page for the Kimball Avenue Transportation Improvements Project, which was previously developed during the design phase. This Facebook® page will provide information such as: • Name of engineering consultant with contact information • E-mail capabilities to allow people to send questions and sign up for the newsletter • Anticipated Project construction schedule • Public meeting dates • Copy of meeting handouts • Listings of local resource groups with contact information • Maps and other exhibits The ENGINEER will be responsible for monthly updates to the Facebook page. This will include labor, equipment, and software required to keep the Facebook® page active and current through Project construction. The OWNER will approve all Facebook page content prior to its public availability. E. Use Social Media for "Real -Time" Project Updates — This task includes the development of a Twitter® site to provide up-to-date Project information. The OWNER will approve all Twitter® site content prior to its public availability. III. Construction -Related Services A. Construction Surveys — This task includes the provision of horizontal and vertical field survey control in sufficient quantity, as necessary, to construct the project. This task also includes office calculations and the provision of field survey construction offsets and elevation staking, as needed by the Contractor, to construct the Project improvements. Project elements to be staked and/or checked include; 1. removal limits for pavement and sidewalk; 2. limited subgrade and grading (It is assumed that the Contractor will utilize GPS machine control for the majority of his/her roadway grading operations and that a limited amount of conventional grade staking will be required.); 3. storm sewer structures / adjustments / pipe and box culvert bends; 4. sanitary sewer; 5. retaining walls; 6. traffic signal and controller cabinet bases and handholes; 7. paving; 8. trail and pedestrian ramps; and 9. right-of-way and temporary construction easement boundaries. This task also includes checking the constructed pedestrian ramps for compliance with design requirements. [CONTINGENCY Task: If Contractor does not utilize GPS machine control for the majority of his/her roadway grading operations, ENGINEER will perform additional conventional grade staking.] B. The ENGINEER shall perform construction administration for the OWNER during the Construction Phase of the Project. The ENGINEER shall perform nearly full-time construction observation for the OWNER during the Construction Phase of the Project. 1. General Administration of Construction Contract — Consult with OWNER and act as OWNER's representative. The extent and limitations of the duties, responsibilities and authority of ENGINEER as assigned shall not be modified, except as ENGINEER may otherwise agree in writing. All of OWNER's P:\G00412.10\Word\Agreements\G00412.10 Consultant Contract (S.A. No. 4 - Construction -Related Services) (03-18-2014).doc Page 12 of 27 instructions to Contractor will be issued through ENGINEER, who shall have authority to act on behalf of OWNER in dealings with Contractor to the extent provided in this Agreement except as otherwise provided in writing. 2. Resident Project Representative (RPR) — Provide the services of an RPR at the Site to assist the ENGINEER and to provide more extensive observation of Contractor's work. Duties, responsibilities, and authority of the RPR are as set forth in Attachment A-1. The furnishing of such RPR's services will not extend ENGINEER's responsibilities or authority beyond the specific limits set forth elsewhere in this Agreement. 3. Pre -Construction Conference — Participate in a Pre -Construction Conference prior to commencement of Work at the Site. 4. Visits to Site and Observation of Construction — In connection with observations of Contractor's work in progress while it is in progress: a. Make visits to the Site at intervals appropriate to the various stages of construction, as ENGINEER deems necessary, in order to observe as an experienced and qualified design professional the progress and quality of the Work. Such visits and observations by ENGINEER, and the Resident Project Representative, if any, are not intended to be exhaustive or to extend to every aspect of Contractor's work in progress or to involve detailed inspections of Contractor's work in progress beyond the responsibilities specifically assigned to ENGINEER in this Agreement and the Contract Documents, but rather are to be limited to spot checking, selective sampling, and similar methods of general observation of the Work based on ENGINEER's exercise of professional judgment as assisted by the Resident Project Representative, if any. Based on information obtained during such visits and such observations, ENGINEER will determine, in general, if Contractor's work is proceeding in accordance with the Contract Documents, and ENGINEER shall keep OWNER informed of the progress of the Work. b. The purpose of ENGINEER's visits to, and representation by the Resident Project Representative, if any, at the Site, will be to enable ENGINEER to better carry out the duties and responsibilities assigned to and undertaken by ENGINEER during the Construction Phase, and, in addition, by the exercise of ENGINEER's efforts as an experienced and qualified design professional, to provide for OWNER a greater degree of confidence that the completed Work will conform in general to the Contract Documents and that the integrity of the design concept of the completed Project as a functioning whole as indicated in the Contract Documents has been implemented and preserved by Contractor. ENGINEER shall not, during such visits or as a result of such observations of Contractor's work in progress, supervise, direct, or have control over Contractor's work, nor shall ENGINEER have authority over or responsibility for the means, methods, techniques, sequences, or procedures of construction selected by Contractor, for safety precautions and programs incident to Contractor's work, or for any failure of Contractor to comply with Laws and Regulations applicable to Contractor's furnishing and performing the Work. Accordingly, ENGINEER neither guarantees the performance of any Contractor nor assumes responsibility for any Contractor's failure to furnish and perform its work in accordance with the Contract Documents. 5. Defective Work — Recommend to OWNER that Contractor's work be disapproved and rejected while it is in progress if, on the basis of such observations, ENGINEER believes that such work will not produce a completed Project that conforms generally to the Contract Documents or that it will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated in the Contract Documents. 6. Clarifications and Interpretations; Field Orders — Issue necessary clarifications and interpretations of the Contract Documents as appropriate to the orderly completion of Contractor's work. Such clarifications and interpretations will be consistent with the intent of and reasonably inferable from the Contract Documents. ENGINEER may issue Field Orders authorizing minor variations from the requirements of the Contract Documents. 7. Change Orders and Work Change Directives — Recommend Change Orders and Work Change Directives to OWNER, as appropriate, and prepare Change Orders and Work Change Directives as required. 8. Shop Drawings and Samples — Review and approve or take other appropriate action in respect to Shop Drawings and Samples and other data which Contractor is required to submit, but only for conformance P:\G00412.10\Word\Agreements\G00412.10 Consultant Contract (S.A. No. 4 - Construction -Related Services) (03-18-2014).doc Page 13 of 27 with the information given in the Contract Documents and compatibility with the design concept of the completed Project as a functioning whole as indicated in the Contract Documents. Such reviews and approvals or other action will not extend to means, methods, techniques, sequences or procedures of construction or to safety precautions and programs incident thereto. ENGINEER has an obligation to meet any Contractor's submittal schedule that has earlier been acceptable to ENGINEER. 9. Substitutes and "or -equal." — Evaluate and determine the acceptability of substitute or "or -equal" materials and equipment proposed by Contractor. 10. Inspections and Tests — Require such special inspections or tests of Contractor's work as deemed reasonably necessary, and receive and review all certificates of inspections, tests, and approvals required by Laws and Regulations or the Contract Documents. ENGINEER's review of such certificates will be for the purpose of determining that the results certified indicate compliance with the Contract Documents and will not constitute an independent evaluation that the content or procedures of such inspections, tests, or approvals comply with the requirements of the Contract Documents. ENGINEER shall be entitled to rely on the results of such tests. 11. Disagreements between OWNER and Contractor — Render formal written decisions on all claims of OWNER and Contractor relating to the acceptability of Contractor's work or the interpretation of the requirements of the Contract Documents pertaining to the execution and progress of Contractor's work. In rendering such decisions, ENGINEER shall be fair and not show partiality to OWNER or Contractor and shall not be liable in connection with any decision rendered in good faith in such capacity. 12. Applications for Payment — Based on ENGINEER's observations as an experienced and qualified design professional and on review of Applications for Payment and accompanying supporting documentation: a. Determine the amounts that ENGINEER recommends Contractor be paid. Such recommendations of payment will be in writing and will constitute ENGINEER's representation to OWNER, based on such observations and review, that, to the best of ENGINEER's knowledge, information and belief, Contractor's work has progressed to the point indicated, the quality of such work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents and to any other qualifications stated in the recommendation), and the conditions precedent to Contractor's being entitled to such payment appear to have been fulfilled in so far as it is ENGINEER's responsibility to observe Contractor's work. In the case of unit price work, ENGINEER's recommendations of payment will include final determinations of quantities and classifications of Contractor's work (subject to any subsequent adjustments allowed by the Contract Documents). b. By recommending any payment, ENGINEER shall not thereby be deemed to have represented that observations made by ENGINEER to check the quality or quantity of Contractor's work as it is performed and furnished have been exhaustive, extended to every aspect of Contractor's work in progress, or involved detailed inspections of the Work beyond the responsibilities specifically assigned to ENGINEER in this Agreement and the Contract Documents. Neither ENGINEER's review of Contractor's work for the purposes of recommending payments nor ENGINEER's recommendation of any payment including final payment will impose on ENGINEER responsibility to supervise, direct, or control Contractor's work in progress or for the means, methods, techniques, sequences, or procedures of construction or safety precautions or programs incident thereto, or Contractor's compliance with Laws and Regulations applicable to Contractor's furnishing and performing the Work. It will also not impose responsibility on ENGINEER to make any examination to ascertain how or for what purposes Contractor has used the moneys paid on account of the Contract Price, or to determine that title to any portion of the work in progress, materials, or equipment has passed to OWNER free and clear of any liens, claims, security interests, or encumbrances, or that there may not be other matters at issue between OWNER and Contractor that might affect the amount that should be paid. 13. Contractor's Completion Documents. a. Receive and review maintenance and operating instructions, schedules, and guarantees. b. Receive bonds, certificates, or other evidence of insurance not previously submitted and required by the Contract Documents, certificates of inspection, tests and approvals, Shop Drawings, Samples and P:\G00412.10\Word\Agreements\G00412.10 Consultant Contract (S.A. No. 4 - Construction -Related Services) (03-18-2014).doc Page 14 of 27 other data approved, and the annotated record documents which are to be assembled by Contractor in accordance with the Contract Documents to obtain final payment. c. ENGINEER shall transmit these documents to OWNER. 14. Substantial Completion — Promptly after notice from Contractor that Contractor considers the entire Work ready for its intended use, in company with OWNER and Contractor, conduct an inspection to determine if the Work is Substantially Complete. If after considering any objections of OWNER, ENGINEER considers the Work Substantially Complete, ENGINEER shall deliver a certificate of Substantial Completion to OWNER and Contractor. 15. Additional Tasks. Perform or provide the following additional Construction Phase tasks or deliverables: a. Attend weekly (or bi-monthly, if appropriate) progress meetings with Contractor and prepare and circulate copies of minutes. b. Perform weekly inspections of Storm Water Pollution Prevention Plan elements furnished, installed, and maintained by Contractor, such as silt fence, inlet protection devices, etc. Robinson Engineering Company will perform a portion of this task. c. Perform materials testing on engineered fill and subgrade and perform concrete (air and slump tests) and record test results for Portland cement concrete (PCC) pavement, sidewalk, driveways, cast -in- place structures, etc. in conformance with the requirements of the Iowa Department of Transportation (DOT) Construction Manual. If required, prepare test cylinders or beams, transport test specimens to the laboratory, perform strength tests on test specimens, and prepare and document test results. Terracon Consultants, Inc. will perform this task. d. Perform PCC plant monitoring in conformance with the requirements of the Iowa DOT Construction Manual, Appendix 3-2. Terracon Consultants, Inc. will perform this task. e. Prepare and furnish to OWNER Record Drawings showing appropriate record information based on Project annotated record documents received from Contractor. f. Provide one reproducible and correctable printed copy of as -built record drawings and electronic disk in AutoCAD format of the as -built record drawings. Assemble necessary documentation for and assist Iowa Department of Transportation with post - construction final Project review and materials audit. Submit necessary documents for final Project review, materials audit, and Project close-out to applicable regulatory agencies upon completion of construction. 16. Final Notice of Acceptability of the Work — Conduct a final inspection to determine if the completed Work of Contractor is acceptable so that ENGINEER may recommend, in writing, final payment to Contractor. Accompanying the recommendation for final payment, ENGINEER shall also provide a notice that the Work is acceptable to the best of ENGINEER'S knowledge, information, and belief and based on the extent of the services provided by ENGINEER under this Agreement. C. Duration of Construction Phase — The Construction Phase will commence with the execution of the first Construction Agreement for the Project or any part thereof and will terminate upon written recommendation by ENGINEER for final payment to Contractors. If the Project involves more than one prime contract, Construction Phase services may be rendered at different times in respect to the separate contracts. D. Limitation of ENGINEER'S Authority and Responsibilities — Neither ENGINEER's authority or responsibility under this Agreement or under any other provision of the Contract Documents nor any decision made by ENGINEER in good faith either to exercise or not exercise such authority or responsibility or the undertaking, exercise, or performance of any authority or responsibility by ENGINEER shall create, impose, or give rise to any duty in contract, tort, or otherwise owed by ENGINEER to CONTRACTOR, any Subcontractor, any Supplier, any other individual or entity, or to any surety for or employee or agent of any of them. ENGINEER shall not be responsible for the acts or omissions of any Contractor, or of any of their subcontractors, suppliers, or of any other individual or entity performing or furnishing any of the Work. g. Pae 15 of 27 P:\G00412.10\WordWgreements\G00412.10 Consultant Contract (S.A. No. 4 - Construction -Related Services) (03-18-2014).doc g ENGINEER shall not be responsible for failure of any Contractor to perform or furnish the Work in accordance with the Contract Documents. The limitations upon authority and responsibility set forth above shall also apply to ENGINEER's Consultants, Resident Project Representative, and assistants. IV. Deliverables A. ENGINEER Deliverables 1. Minutes of project review meetings to meeting attendees. 2. Monthly progress reports (submitted with project invoices) to OWNER. 3. Facebook® page content to OWNER. 4. Twitter® site content to OWNER. 5. The deliverables indicated in Exhibit A-1 to OWNER and/or Iowa DOT, as appropriate. V. Owner's Responsibilities MATERIAL AND INFORMATION TO BE PROVIDED BY THE OWNER: The OWNER shall provide the following material and information related to the project: A. PDF files of GIS data (or photocopies) of sewer utility records, water utility records, storm sewer utility records, traffic signal records, miscellaneous utility records (as available), and record drawings for adjacent improvements, if needed. B. Site plans for adjacent properties, if needed. C. Permit applications that are only available from the OWNER that are necessary to commence with the construction of the proposed improvements. TASKS TO BE PERFORMED BY THE OWNER: The OWNER shall perform the following tasks related to the project: A. Attend pre -construction conference, construction progress and other job-related meetings, and Substantial Completion and final payment inspections. B. Prepare and submit monthly and final claims for reimbursement to Iowa Department of Transportation. C. Input new traffic signal timing information into existing and/or upgraded traffic signal equipment, when recommended, during various stages of construction, near Project completion, and after completion of post -implementation travel time runs, if necessary. P:\G00412.10\Word\Agreements\G00412.10 Consultant Contract (SA. No. 4 - Construction -Related Services) (03-18-2014).doc Page 16 of 27 This is ATTACHMENT A-1, consisting of four (4) page(s), referred to in the agreement between the OWNER and Ament Design, effective March 17, 2014. DUTIES, RESPONSIBILITIES, AND LIMITATIONS OF AUTHORITY OF RESIDENT PROJECT REPRESENTATIVE Resident Project Representative A. CONSULTANT shall provide a Resident Project Representative ("RPR"), assistants, and other field staff to assist CONSULTANT in observing progress and quality of the Work. The RPR, assistants, and other field staff under this Exhibit A-1 may provide full time representation or may provide representation to a lesser degree. B. Through such additional observations of Contractor's work in progress and field checks of materials and equipment by the RPR and assistants, CONSULTANT shall endeavor to provide further protection for OWNER against defects and deficiencies in the Work. However, CONSULTANT shall not, during such visits or as a result of such observations of Contractor's work in progress, supervise, direct, or have control over the Contractor's Work nor shall CONSULTANT have authority over or responsibility for the means, methods, techniques, sequences, or procedures selected by Contractor, for safety precautions and programs incident to the Contractor's work in progress, for any failure of Contractor to comply with Laws and Regulations applicable to Contractor's performing and furnishing the Work, or responsibility of construction for Contractor's failure to furnish and perform the Work in accordance with the Contract Documents. In addition, the specific limitations set forth in Attachment A of the Agreement are applicable. C. The duties and responsibilities of the RPR are limited to those of CONSULTANT in the Agreement with the OWNER and in the Contract Documents, and are further limited and described as follows: 1. General: RPR is CONSULTANT's agent at the Site, will act as directed by and under the supervision of CONSULTANT, and will confer with CONSULTANT regarding RPR's actions. RPR's dealings in matters pertaining to the Contractor's work in progress shall in general be with CONSULTANT and Contractor, keeping OWNER advised as necessary. RPR's dealings with subcontractors shall only be through or with the full knowledge and approval of Contractor. RPR shall generally communicate with OWNER with the knowledge of and under the direction of CONSULTANT. 2. Schedules: Review the progress schedule, schedule of Shop Drawing and Sample submittals, and schedule of values prepared by Contractor and consult with CONSULTANT concerning acceptability. 3. Conferences and Meetings: Attend meetings with Contractor, such as preconstruction conferences, progress meetings, job conferences and other project -related meetings, and prepare and circulate copies of minutes thereof. 4. Liaison: a. Serve as CONSULTANT's liaison with Contractor, working principally through Contractor's superintendent and assist in understanding the intent of the Contract Documents. b. Assist CONSULTANT in serving as OWNER's liaison with Contractor when Contractor's operations affect OWNER's on -Site operations. c. Assist in obtaining from OWNER additional details or information, when required for proper execution of the Work. 5. Interpretation of Contract Documents: Report to CONSULTANT when clarifications and interpretations of the Contract Documents are needed and transmit to Contractor clarifications and interpretations as issued by CONSULTANT. P:\G00412.10\Word\Agreements\G00412.10 Consultant Contract (S.A. No. 4 - Construction -Related Services) (03-18-2014).doc Page 17 of 27 6. Shop Drawings and Samples: a. Record date of receipt of Samples and approved Shop Drawings. b. Receive Samples which are furnished at the Site by Contractor, and notify CONSULTANT of availability of Samples for examination. c. Advise CONSULTANT and Contractor of the commencement of any portion of the Work requiring a Shop Drawing or Sample submittal for which RPR believes that the submittal has not been approved by CONSULTANT. 7. Modifications: Consider and evaluate Contractor's suggestions for modifications in Drawings or Specifications and report with RPR's recommendations to CONSULTANT. Transmit to Contractor in writing decisions as issued by CONSULTANT. 8. Review of Work and Rejection of Defective Work: a. Conduct on -Site observations of Contractor's work in progress to assist CONSULTANT in determining if the Work is in general proceeding in accordance with the Contract Documents. b. Report to CONSULTANT whenever RPR believes that any part of Contractor's work in progress will not produce a completed Project that conforms generally to the Contract Documents or will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated in the Contract Documents, or has been damaged, or does not meet the requirements of any inspection, test or approval required to be made; and advise CONSULTANT of that part of work in progress that RPR believes should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection or approval. 9. Inspections, Tests, and System Startups: a. Consult with CONSULTANT in advance of scheduled major inspections, tests, and systems startups of important phases of the Work. b. Verify that tests, equipment, and systems start-ups and operating and maintenance training are conducted in the presence of appropriate OWNER's personnel, and that Contractor maintains adequate records thereof. c. Observe, record, and report to CONSULTANT appropriate details relative to the test procedures and systems startups. d. Accompany visiting inspectors representing public or other agencies having jurisdiction over the Project, record the results of these inspections, and report to CONSULTANT. 10. Records: a. Maintain at the Site orderly files for correspondence, reports of job conferences, reproductions of original Contract Documents including all Change Orders, Field Orders, Work Change Directives, Addenda, additional Drawings issued subsequent to the execution of the Contract, CONSULTANT's clarifications and interpretations of the Contract Documents, progress reports, Shop Drawing and Sample submittals received from and delivered to Contractor, and other Project related documents. b. Prepare a daily report or keep a diary or log book, recording Contractor's hours on the Site, weather conditions, data relative to questions of Change Orders, Field Orders, Work Change Directives, or changed conditions, Site visitors, daily activities, decisions, observations in general, and specific observations in more detail as in the case of observing test procedures; and send copies to CONSULTANT. c. Record names, addresses and telephone numbers of all Contractors, subcontractors, and major suppliers of materials and equipment. d. Maintain records for use in preparing Project documentation. e. Upon completion of the Work, furnish original set of all RPR Project documentation to CONSULTANT. Page 18 of 27 11. Reports: a. Furnish to CONSULTANT periodic reports as required of progress of the Work and of Contractor's compliance with the progress schedule and schedule of Shop Drawing and Sample submittals. b. Draft and recommend to CONSULTANT proposed Change Orders, Work Change Directives, and Field Orders. Obtain backup material from Contractor. c. Furnish to CONSULTANT and OWNER copies of all inspection, test, and system startup reports. d. Report immediately to CONSULTANT the occurrence of any Site accidents, any Hazardous Environmental Conditions, emergencies, or acts of God endangering the Work, and property damaged by fire or other causes. 12. Payment Requests: Review Applications for Payment with Contractor for compliance with the established procedure for their submission and forward with recommendations to CONSULTANT, noting particularly the relationship of the payment requested to the schedule of values, Work completed, and materials and equipment delivered at the Site but not incorporated in the Work. 13. Certificates, Operation and Maintenance Manuals: During the course of the Work, verify that materials and equipment certificates, operation and maintenance manuals and other data required by the Specifications to be assembled and furnished by Contractor are applicable to the items actually installed and in accordance with the Contract Documents, and have these documents delivered to CONSULTANT for review and forwarding to OWNER prior to payment for that part of the Work. 14. Completion: a. Before CONSULTANT issues a Certificate of Substantial Completion, submit to Contractor a list of observed items requiring completion or correction. b. Observe whether Contractor has arranged for inspections required by Laws and Regulations, including but not limited to those to be performed by public agencies having jurisdiction over the Work. c. Participate in a final inspection in the company of CONSULTANT, OWNER, and Contractor and prepare a final list of items to be completed or corrected. d. Observe whether all items on final list have been completed or corrected and make recommendations to CONSULTANT concerning acceptance and issuance of the Notice of Acceptability of the Work. D. Resident Project Representative shall not: 1. Authorize any deviation from the Contract Documents or substitution of materials or equipment (including "or -equal" items). 2. Exceed limitations of CONSULTANT'S authority as set forth in the Agreement or the Contract Documents. 3. Undertake any of the responsibilities of Contractor, subcontractors, suppliers, or Contractor's superintendent. 4. Advise on, issue directions relative to or assume control over any aspect of the means, methods, techniques, sequences or procedures of Contractor's work unless such advice or directions are specifically required by the Contract Documents. 5. Advise on, issue directions regarding, or assume control over safety precautions and programs in connection with the activities or operations of OWNER or Contractor. 6. Participate in specialized field or laboratory tests or inspections conducted off-site by others except as specifically authorized by CONSULTANT. 7. Accept Shop Drawing or Sample submittals from anyone other than Contractor. Page 19 of 27 8. Authorize OWNER to occupy the Project in whole or in part. Page 20 of 27 ATTACHMENT B Specifications 2, Iowa Department of Transportation Standard Specifications for Highway and Bridge al ec o atrucsti n, Series 201al plus General Supplemental Specifications;Specifications, nca and Special Provisions. Page 21 of 27 ATTACHMENT C (referenced from 3.1) Fees and Payments - Cost Plus Fixed Fee 3.1.1 FEES AND PAYMENTS 3.1.1.1 Fees. For full and complete compensation for all work, materials, and services furnished under the terms of this Agreement, the Consultant shall be paid fees in the amounts of the Consultant's actual cost plus applicable fixed fee amount. Consultants' actual costs shall include payments to any subconsultants. The estimated actual costs and fixed fee are shown below and are itemized in Attachment C-1. The nature of engineering services is such that actual costs are not completely determinate. Therefore, it is possible that the Consultant's actual costs may exceed those shown in Attachment C-1 and as shown below. A contingency amount has been established to provide for actual costs that exceed those estimated. Estimated Actual Costs Fixed Fee [Prime Only] Contingency [Prime Only] Maximum Amount Payable $ 560, 708.00 $ 59.986.00 $ 50,591.00 $ 671,285.00 If at any time during the work the Consultant determines that its actual costs will exceed the estimated actual costs, thus necessitating the use of a contingency amount, it will promptly so notify the Contract Administrator in writing and describe what costs are causing the overrun and the reason. The Consultant shall not exceed the estimated actual costs without the prior written approval of the Contract Administrator and concurrence of the Iowa DOT and the FHWA (when applicable). The Owner or the Iowa DOT may audit the Consultant's cost records prior to authorizing the use of a contingency amount. The Consultant shall establish a procedure for comparing the actual costs incurred during the performance of the work to the estimated actual costs listed above. The purpose is to monitor these two elements and thus provide for early identification of any potential for the actual costs exceeding the estimated actual costs. If the Consultant exceeds the estimated actual costs for any reason (other than that covered in Section 3.1.1.2.3) before the Contract Administrator is notified in writing, the Owner will have the right, at its discretion, to deny the use of the contingency amount. The fixed fee amount will not be changed unless there is a substantial change in scope, character, or complexity of the services covered by this Agreement or the time schedule is changed by the Owner. Any change in the fixed fee amount will be made by a Supplemental Agreement or Extra Work Order. The maximum amount payable under this Agreement is $671,285.00, which is the sum of the above amounts. The maximum amount payable can not be exceeded except by Supplemental Agreement or Extra Work Order if the Consultant establishes there is a substantial change in scope, character, or complexity of the services covered by this Agreement, the Contract Administrator agrees, and the Iowa DOT and FHWA (when applicable) concurs. If at any time it is determined that a maximum amount payable will be or has been exceeded, the Consultant shall immediately so notify the Contract Administrator in writing. The maximum amount payable may be increased by a Supplemental Agreement or Extra Work Order, or this Agreement will be terminated, with the Owner having the right, at its discretion, to terminate this Agreement without payment of the amount exceeding the maximum amount payable. The Owner or the Iowa DOT may audit the Consultant's cost records prior to making a decision whether or not to increase the maximum amount payable. 3.1.1.2 Reimbursable Costs. Reimbursable costs are the actual costs incurred by the Consultant which are attributable to the specific work covered by this Agreement and allowable under the provisions of Title 48, Subchapter E., Part 30 (full cost accounting standards; when applicable), section 31.105 and Subpart 31.2 of the current Federal Acquisition Regulation. These include the following: 1. Salaries of the employees for time directly chargeable to work covered by the Agreement, and salaries of principals for time they are productively engaged in work necessary to fulfill the terms of the Agreement. Page 22 of 27 2. Direct non -salary costs incurred in fulfilling the terms of this Agreement. The Consultant will be required to submit a detailed listing of direct non -salary costs incurred and certify that such costs are not included in overhead expense pool. These costs may include travel and subsistence, reproductions, computer charges and materials and supplies. 3. The indirect costs (salary related expenses and general overhead costs) to the extent that they are properly allowable to the work covered by this Agreement. The Consultant has submitted to the Owner the following indirect costs as percentages of direct salary costs to be used provisionally for progress payments for work accomplished during the Consultant's current fiscal year: Salary related expenses are 32.25% of direct salary costs and general overhead costs are 155.78% of direct salary costs. Use of updated overhead percentage rates shall be requested by the Consultant after the close of each fiscal year and shall be used to update previous year invoices and subsequent year as a provisional rate for invoicing in order to more accurately reflect the cost of work during the previous and subsequent years. Any actual fiscal year or fiscal year's audited or unaudited indirect costs rates known by the Consultant shall be used in computing the final invoice statement. All unverified overhead rates shall have a schedule of computation supporting the proposed rate attached to the final bill. Prior to final payment for work completed under this Agreement all indirect cost rates shall be audited and adjusted to actual rates through the most recently completed fiscal year during which the work was actually accomplished. In the event that the work is completed in the current fiscal year, audited indirect cost rates for the most recently completed fiscal year may be applied also to work accomplished in the current fiscal year. If these new rates cause the estimated actual costs to be exceeded, the contingency amount will be used. 3.1.1.3 Premium Overtime Pay. Premium overtime pay (pay over normal hourly pay) shall not exceed 2 percent of the total direct salary cost without written authorization. 3.1.1.4 Payments. Monthly payments shall be made based on the percentage of work completed and substantiated by monthly progress reports. The report shall indicate the direct and indirect costs associated with the work completed during the month. The Contract Administrator will check such progress reports and payment will be made for the direct non -salary costs and salary and indirect costs during said month, plus a portion of the fixed fee. The portion of the fixed fee to be paid will be in the proportion of the actual work completed and documented on the monthly progress reports. Upon delivery and acceptance of all work contemplated under this Agreement, the Consultant shall submit one complete invoice statement of costs incurred and/or amounts earned. Payment of 100% of the total cost claimed will be made upon receipt and review of such claim. Final audit will determine correctness of all invoiced costs and final payment will be based upon this audit. The Consultant agrees to reimburse the Owner for possible overpayment determined by final audit. Page 23 of 27 ATTACHMENT C-1 - Supplemental Agreement No. 4 COST ANALYSIS SHEET I. Direct Labor Cost Employee Classification Hours Rate Amount E6 - Project Manager 528 $44.00 $23,232.00 E4 - Project Engineer 1155 $31.50 36,382.50 El - Project Engineer 4 $24.75 99.00 LS2 - Land Surveyor 160 $32.25 5,160.00 LS1 - Land Surveyor 80 $30.25 2,420.00 T4 - Technician (Civil) 3207 $26.25 84,183.75 T4 - Technician (Survey) 851 $23.00 19,573.00 T3 - Technician 24 $21.00 504.00 A4 - Administration 8 $34.50 276.00 C3 - Clerical 81 $18.25 1,478.25 C2 - Clerical 16 $15.25 244.00 Direct Labor Total 6114 $173,552.50 II. Payroll Burden and Overhead Costs Indirect Cost Factor (Overhead Rate) = Total Indirect Costs = III. Direct Project Expenses 188.03% $326,330.77 Quantity Rate Amount Mileage (miles) Reproductions (each) Postage (oz.) Stakes (each) Other (Publication Fees) (ea.) 4060 $0.555 17800 $0.10 500 $0.49 2500 $0.50 1 $500.00 $2,253.30 1,780.00 245.00 1,250.00 500.00 Total Direct Expenses = $6,028.30 IV. Subconsultant Costs Terracon Consultants, Inc. (Fixed Overhead Rate) $40,792.00 [DBE] Robinson Engineering Company (Fixed Overhead Rate) $14,004.00 Total Subconsultants = $54,796.00 V. Estimated Actual Costs (I + II + Ill + IV) _ $560,708.00 (ROUNDED) VI. Fixed Fee - Prime Only ( 12% of I + II) = $59,986.00 (ROUNDED) VII. Contingency - Prime Only ( 10% of I + II + Ill) = $50,591.00 (ROUNDED) VIII. Total Estimated Cost - Cost Plus Fixed Fee (V + VI + VII) = $671,285.00 (Maximum Amount Payable) Includes contingency amounts (Prime & Subconsultants) totaling $55,092.00 Total Initial Authorized Costs (Excluding All Contingency Amounts) = $616,193.00 Page 24 of 27 P:\G00412.10\Excel\G0004.12100 AMENT Fee Development (CRS) (Cost -Plus -Fixed Fee) (02-13-2014).xls\Ament Attachment C-1 41 231 41 01 01 01 21 01 3211 651 ATTACHMENT H CONSULTANT FEE SCHEDULE (STAFF HOUR ESTIMATE) Kimball Avenue Transportation Improvements Project - from Tower Park Dr to Acadia St Construction -Related Services Task for Construction Related Services I Project Management A -D - Project Management Total Hours (I) II Public Involvement Plan A -D - Public Involvement Plan Total Hours (II) III Construction Related Services A - Construction Surveys B - Construction Administration C - Construction Observation / Materials Testing Total Hours (III) Total Hours Per Job Classification and Total Hours 1181 1551 01 01 801 01 Of 81 3211 393 118 155 0 0 80 0 0 8 32 393 4 23 4 0 0 0 2 0 32 65 0 4 0 0 80 80 851 0 2 1017 276 648 0 0 0 0 124 0 31 1079 130 325 0 0 0 0 3105 0 0 3560 406 977 0 0 80 80 4080 0 33 5656 5281 11551 41 01 1601 801 40821 81 9711 6114 Page 25 of 27 AMENT (E7 -E6) (E5 -E4) (E3 -E1) Sr. Proj. Proj. Dsgn. Mngr. Engr. Engr. (LSM) Surv. Suprv. (LS2) Surv. (LS1) Surv. Intern (T4 -T1) (A4 -A1) (C4 -C1) Tech. Admin. Cler. TOTAL 1181 1551 01 01 801 01 Of 81 3211 393 118 155 0 0 80 0 0 8 32 393 4 23 4 0 0 0 2 0 32 65 0 4 0 0 80 80 851 0 2 1017 276 648 0 0 0 0 124 0 31 1079 130 325 0 0 0 0 3105 0 0 3560 406 977 0 0 80 80 4080 0 33 5656 5281 11551 41 01 1601 801 40821 81 9711 6114 Page 25 of 27 I. Estimated Direct Labor Costs Category Attachment H-1 - Supplemental Agreement No. 4 CONSULTANT FEE SCHEDULE - Terracon Consultants, Inc. Materials Testing and Plant Monitoring Services Kimball Avenue Transportation Improvements Project Hours Rate/Hour Amount Technician Senior Technician CAD Drafter Administration / Secretary Field / Data Coordinator Project Manager Senior Project Manager Principal Engineer Plant Monitor 317.5 $15.10 $4,794 24 $18.57 $446 0 $17.42 $0 15 $17.99 $270 20 $25.74 $515 5 $31.77 $159 120 $37.49 $4,499 2 $51.79 $104 3/18/2014 Total Direct Labor Costs (Rounded) 503.5 $10,787 II. Payroll Burden and Overhead Costs Indirect Cost Factor = 203.0% (Rounded) $21,898 IIIa. Estimated Direct Project Expenses Quantity Unit Unit Cost Total Cost Drill Rig 0 days $581.67 / Day $0 Coring equipment 0 days $100.00 / Day $0 Mileage 1500 miles $0.555 / Mile $833 Total Estimated Direct Project Expenses (Rounded) $833 IIIb. Estimated Direct Third -Party Expenses Meals and Accommodations (per diem) 0 Per Diem $120 / Day $0 Meals (per diem, meals only) 0 Meals Only $30 / Day $0 Consumable & Misc. Supplies --- At Cost $0 Other Third Party Expenses At Cost $0 Traffic Control - Signs At Cost $0 Traffic Control - Personnel At Cost $0 Total Estimated Direct Third -Party Expenses (Rounded) $0 IV. Estimated Actual Costs (I+Il+lila+IIIb) $33,518 V. Fixed Fee (FF% x (1+11), Rounded) Fixed Fee FF = 12% $3,922 VI. Total Cost plus Fixed Fee VII. Contingency VIII. Maximum Amount Payable (IV+V) 10% x (I+Il+lila+IIIb) (IV+V+VII) Page 26 of 27 $37,440 $3,352 $40,792 ATTACHMENT H-1 - Supplemental Agreement No. 4 CONSULTANT FEE SCHEDULE - Robinson Engineering Company LOCATION Kimball Avenue Transportation Improvement Project A. Person -Hour Estimate: Date 03/03/14 TASK NO. DESCRIPTION PERSON -HOUR ESTIMATE Senior Eng. '14 Senior Eng. '15 Senior Eng. '16 Junior Tech Admin. Total Pre -Construction Conference SWPPP Inspections 8 99 0 39 0 0 0 0 0 0 8 138 B. Labor Cost: 107 39 0 Rate 0 Senior Engineer 2014 107 X 24.00 = 2,568.00 Senior Engineer 2015 39 X 24.50 = 955.50 Senior Engineer 2016 0 X 25.00 = 0.00 Junior Technician 0 X 15.00 = 0.00 Administration 0 X 10.00 = 0.00 C. Overhead Labor: D. Direct Project Cost: 11,488.66 E. Estimated Actual Cost rounded 11,489.00 0 146 3,523.50 3,523.50 @2.2322X 3,523.50 7,865.16 11,388.66 100.00 F. Fixed Fee: @ 12.00% of B + C = 1,367.00 12,856.00 G. Contingency: @ 10.00% of B + C + D = 1,149.00 H. Maximum Amount Payable: 14,005.00 Rounded $14,005.00 Page 27 of 27 Prepared by Carol Failor, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-226 RESOLUTION APPROVING SUPPLEMENTAL AGREEMENT NO. 4 WITH AMENT, INC. OF CEDAR RAPIDS, IOWA AND DIRECTING EXECUTION OF SAID AGREEMENT BY MAYOR. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that Supplemental Agreement No. 4 dated April 7, 2014, in an amount not to exceed $671,285.00, for construction related services including construction administration, inspection and observation, and construction surveys and materials testing in connection with the construction of the proposed F.Y. 2014 Kimball Avenue Transportation Improvements, Contract No. 843, by and between Ament, Inc. of Cedar Rapids, Iowa and the City of Waterloo, Iowa, be and the same is hereby approved, and the Mayor authorized to execute the same in behalf of the City of Waterloo, Iowa. PASSED AND ADOPTED this 7th day of April, 2014. ATTEST: � n uzy Sch res, CMC City Cle k 4,./ r3est G. Clark, Mayor CITY OF WATERLOO Council Communication City Council Meeting: April 7, 2014 Prepared: April 2, 2014 Dept. Head Signature: Eric Thorson, PE., City Engineer # of Attachments: SUBJECT: F.Y. 2014 Shaulis Road Recreational Trail Extension - Phase I City Contract No. 858 TAP -U -8155(741)-8I-07 Federal Aid Agreement for Transportation Alternative Program Project Submitted by: Teff Bales, Associate Engineer Recommended City Council Action: Staff has reviewed this agreement and recommends Council approve this document and authorizes Mayor to sign and enter into said agreement. Summary Statement Transmitted herewith is federal aid funding Agreement with the Iowa Department of Transportation for construction of the Shaulis Road Recreational Trail Extension - Phase I. The funding agreement covers 80% of the total cost of eligible items up to a maximum amount of $412,000. The required match (20%) amounts to $103,000 and will be financed with State Recreational Trail Funds. This agreement is available in the City Clerk's office if you wish to review it in its entirety. Expenditure Required N/A Source of Funds N/A Policy Issue N/A Alternative N/A Background Information The Shaulis Road Trail is presently a 3.7 mile hard surfaced trail running along the north side of Shaulis Road from Highway 63 (Sergent Road Trail) to Hawkeye Road/IA 21. This Phase I project would extend the trail 1.85 miles from Hawkeye Road to Isle of Capri Boulevard. Future phases would continue working on the eastward expansion of the trail to connect it to the Cedar Valley Nature Trail. January 2014 IOWA DEPARTMENT OF TRANSPORTATION Federal -Aid Agreement for a Transportation Alternatives Program (TAP) Project Recipient: City of Waterloo Project Number(s): TAP: TAP -U -8155(741)--8I-07 State Recreational Trails Program: RT -8155(734)--9H-07 Iowa DOT Agreement Number: 14 -TAP -115 CFDA No. and Title: 20.205 Highway Planning and Construction This is an agreement between the city of Waterloo (hereinafter referred to as Recipient) and the Iowa Department of Transportation (hereinafter referred to as the Department). Iowa Code Sections 306A.7 and 307.44 provide for the Recipient and the Department to enter into agreements with each other for the purpose of financing transportation improvement projects in Iowa with Federal funds. Federal regulations require Federal funds to be administered by the Department. The Recipient has received Federal funding through the Transportation Alternatives Program (TAP), which was established by the Moving Ahead for Progress in the 215t Century (MAP -21), Public Law 112- 141, and codified at Sections 213 and 101(a)(29) of Title 23, United States Code (U.S.C.); which are hereinafter referred to as TAP funds. The Recipient has also received State Recreational Trail (SRT) funding under Iowa Code Chapter 465B and the application was approved by Transportation Commission Order No. PPM -2013-18 on October 9, 2012, hereinafter referred to as SRT funds. Pursuant to the terms of this agreement and applicable statutes, the Department agrees to provide the funding named above to the Recipient for the authorized and approved costs for eligible items associated with the project. Under this agreement, the parties further agree as follows: 1. The Recipient shall be responsible for carrying out the provisions of this agreement. 2. All notices required under this agreement shall be made in writing to the appropriate contact person. The Department's contact person shall be Yvonne Diller, Office of Systems Planning, 800 Lincoln Way, Ames, Iowa 50010, telephone 515-239-1252, email: yvonne.diller@dot.iowa.gov. The Recipient's contact person shall be Jeff Bales, Associate Engineer, City of Waterloo, 715 Mulberry Street, Waterloo, Iowa 50703, telephone 319-291-4312, email: jeff.bales@waterloo-ia.org. 3. The Recipient shall be responsible for the development and completion of the following described project: Shaulis Road Trail Extension -Phase I 1 January 2014 4. The Recipient shall receive reimbursement for costs of authorized and approved eligible project activities from TAP funds. The portion of the project costs reimbursed with TAP funds shall be limited to a maximum of either 80 percent of eligible costs (other than those reimbursed with other Federal funds) or the amount listed ($412,000) in the Iowa Northland Regional Council of Governments' current Transportation Improvement Program (TIP) and approved in the current Statewide Transportation Improvement Program (STIP), whichever is less. Eligible project activities will be as described in Sections 213 and 101(a)(29) of Title 23, United States Code (U.S.C.) and determined by the Department to be eligible. 5. The Recipient shall receive reimbursement for costs approved as eligible by the Department from SRT funds. The portion of total project costs reimbursed with SRT funds shall be limited to a maximum of up to 75 percent of eligible costs or the amount approved of $755,694, whichever is less. Eligible project activities include only those listed in 761 Iowa Administrative Code (IAC) 165.15. 6. Eligible project costs in excess of the amount reimbursed by the Department above will be considered the local contribution and may include cash or non-cash contributions. The local contribution must equal a minimum of 20 percent of eligible project costs. The recipient shall certify to the Department the value of any non-cash contribution to the project prior to it being incurred. The Department retains the sole authority to determine the eligibility and value of the Recipient's non-cash contribution for the purposes of this agreement. If the Recipient's total cash and non-cash contribution is determined by the Department to be less than that required by this agreement, the Recipient shall increase its cash contribution or the grant amount associated with this project shall be reduced accordingly. 7. The Recipient must have let the contract or have construction started within two years of October 1, 2013. If the Recipient does not do this, they will be in default for which the Department can revoke funding commitments. This agreement may be extended for periods up to six months upon receipt of a written request from the Recipient at least sixty (60) days prior to the deadline. 8. If the project described in this agreement crosses a DOT primary road, then: a. The Recipient shall convey title to the State of Iowa, by quit claim deed, to any right of way necessary for the primary road crossing, all at no cost to the DOT. However, the DOT shall prepare detailed legal descriptions and plats. The general configuration of the right of way to be conveyed shall be agreed to by the Recipient and the DOT prior to the survey. b. The Recipient shall submit six copies of plans for all primary road system crossings to the DOT contact person for review and approval by the District Offices for necessary permits, Offices of Road Design and Maintenance with regard to crossing design and location, signing, fencing, safety, maintenance, compliance with access control policy, etc. Said approval shall be obtained before the Recipient proceeds with the construction of any primary road system crossing. c. The use of primary highway right of way for this project's purpose shall be subject to any rights enjoyed by any existing utility lines presently within the right of way. If excavation of a utility line over which this project has been placed is necessary for any reason, the utility shall 2 January 2014 be responsible for proper backfilling of said excavation to ground level. The Recipient shall be responsible for any necessary resurfacing or restoration. d. The use of primary highway right of way for this project's purposes shall be subject to any future plans for reconstruction, improvement, maintenance, or relocation of the highway by the DOT. Any relocation of this project necessary because of said plans shall be at the expense of the Recipient, all at no cost to the DOT. This agreement may be declared to be in default by the Department if the Department determines that the Recipient's application for funding contained inaccuracies, omissions, errors or misrepresentations; or if the Department determines that the project is not developed as described in the application. 9. If the Recipient fails to perform any obligation under this agreement, the Department shall have the right, after first giving thirty (30) days written notice to the Recipient by certified mail return receipt requested, to declare any part or all of this agreement in default. The Recipient shall have thirty (30) days from date of mailing of the notice to cure the default. If the Recipient cures the default, the Recipient shall notify Department no later than five (5) days after cure or before the end of said thirty (30) day period given to cure the default. The Department may thereafter determine whether the default has, in fact, been cured, or whether the Recipient remains in default. 10. This agreement may be declared to be in default by the Department if the Department determines that the Recipient's application for funding contained inaccuracies, omissions, errors or misrepresentations; or if the Department determines that the project is not developed as described in the application. 11. In the event a default is not cured the Department may revoke funding commitments or seek repayment of funds loaned or granted by this agreement. By signing this agreement the Recipient agrees to repay said funding if they are found to be in default. Repayment methods may include cash repayment, installment repayments with negotiable interest rates, charges against the Recipient's share of road use tax funds, or other methods as approved by the Transportation Commission. 12. The Recipient shall comply with Exhibit 1, General Agreement Provisions for use of Federal Highway Funds on Non -primary Highways, which is attached hereto and by this reference is incorporated into this agreement. 13. This agreement is not assignable without the prior written consent of the Department. 14. If any part of this agreement is found to be void and unenforceable, the remaining provisions of this agreement shall remain in effect. 15. It is the intent of both parties that no third party beneficiaries be created by this agreement. 16. This agreement shall be executed and delivered in two or more copies, each of which so executed and delivered shall be deemed to be an original and shall constitute but one and the same agreement. 3 January 2014 17. This agreement and the attached exhibit constitute the entire agreement between the Department and the Recipient concerning this project. Representations made before the signing of this agreement are not binding, and neither party has relied upon conflicting representations in entering into this agreement. Any change or alteration to the terms of this agreement shall be made in the form of an addendum to this agreement. The addendum shall become effective only upon written approval of the Department and the Recipient. 4 January 2014 IN WITNESS WHEREOF, each of the parties hereto has executed this agreement as of the date shown opposite its signature below. RECIPIENT: City of Waterloo By: Date , 2014 Title: Mayor CERTIFICATION: I, , certify that I am the Clerk of the city, and that (Name of City Clerk) , who signed said Agreement for and on behalf of (Name of Mayor/Signer Above) the city was duly authorized to execute the same by virtue of a formal resolution duly passed and adopted by the city, on the day of , 2014. Signed: City Clerk of Waterloo, Iowa IOWA DEPARTMENT OF TRANSPORTATION Planning, Programming and Modal Division 800 Lincoln Way, Ames, Iowa 50010 By: Date , 2014 Craig Markley Director Office of Systems Planning 5 January 2014 EXHIBIT 1 General Agreement Provisions for use of Federal Highway Funds on Non -primary Projects Unless otherwise specified in this agreement, the Recipient shall be responsible for the following: 1. General Requirements. a. The Recipient shall take the necessary actions to comply with applicable State and Federal laws and regulations. To assist the Recipient, the Department has provided guidance in the Federal - aid Project Development Guide (Guide) and the Instructional Memorandums to Local Public Agencies (I.M.$) that are referenced by the Guide. Both are available on-line at: http://www.iowadot.gov/local_systems/publications/im/Ipa_ims.htm. The Recipient shall follow the applicable procedures and guidelines contained in the Guide and I.M.s in effect at the time project activities are conducted. b. In accordance with Title VI of the Civil Rights Act of 1964 and associated subsequent nondiscrimination laws, regulations, and executive orders, the Recipient shall not discriminate against any person on the basis of race, color, national origin, sex, age, or disability. In accordance with Iowa Code Chapter 216, the Recipient shall not discriminate against any person on the basis of race, color, creed, age, sex, sexual orientation, gender identity, national origin, religion, pregnancy, or disability. The Recipient agrees to comply with the requirements outlined in I.M. 1.070, Title VI and Nondiscrimination Requirements which includes the requirement to provide a copy of the Recipient's Title VI Plan or Agreement and Standard DOT Title VI Assurances to the Department. c. The Recipient shall comply with the requirements of Title II of the Americans with Disabilities Act of 1990 (ADA), Section 504 of the Rehabilitation Act of 1973 (Section 504), the associated Code of Federal Regulations (CFR) that implement these laws, and the guidance provided in I.M. 1.080, ADA Requirements. When pedestrian facilities are constructed, reconstructed, or altered, the Recipient shall make such facilities compliant with the ADA and Section 504. d. To the extent allowable by law, the Recipient agrees to indemnify, defend, and hold the Department harmless from any claim, action or liability arising out of the design, construction, maintenance, placement of traffic control devices, inspection, or use of this project. This agreement to indemnify, defend, and hold harmless applies to all aspects of the Department's application review and approval process, plan and construction reviews, and funding participation. e. As required by 49 CFR 18.26, the Recipient is responsible for obtaining audits in accordance with the Single Audit Act Amendments of 1996 (31 U.S. C. 7501-7507) and revised Office of Management and Budget (OMB) Circular A-133. Subpart B of OMB Circular A-133 stipulates that non -Federal entities expending $500,000 or more in Federal awards in a year shall have a single or program -specific audit conducted for that year in accordance with the provision of that part. Auditee responsibilities are addressed in subpart C of OMB Circular A-133. The Federal funds provided by this agreement shall be reported on the appropriate Schedule of Expenditures of Federal Awards (SEFA) using the Catalog of Federal Domestic Assistance (CFDA) number and title 6 January 2014 as shown on the first page of this agreement. If the Recipient will pay initial project costs and request reimbursement from the Department, the Recipient shall report this project on its SEFA. If the Department will pay initial project costs and then credit those accounts from which initial costs were paid, the Department will report this project on its SEFA. In this case, the Recipient shall not report this project on its SEFA. f. The Recipient shall supply the Department with all information required by the Federal Funding Accountability and Transparency Act of 2006 and 2 CFR Part 170. g. The Recipient shall comply with the following Disadvantaged Business Enterprise (DBE) requirements: i. The Recipient shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any Department -assisted contract or in the administration of its DBE program or the requirements of 49 CFR Part 26. The Recipient shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure nondiscrimination in the award and administration of Department -assisted contracts. ii. The Recipient shall comply with the requirements of I.M. 3.710, DBE Guidelines. iii. The Department's DBE program, as required by 49 CFR Part 26 and as approved by the Federal Highway Administration (FHWA), is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the Recipient of its failure to carry out its approved program, the Department may impose sanctions as provided for under Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 as well as the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.). h. Termination of funds. Notwithstanding anything in this agreement to the contrary, and subject to the limitations set forth below, the Department shall have the right to terminate this agreement without penalty and without any advance notice as a result of any of the following: 1) The Federal government, legislature or governor fail in the sole opinion of the Department to appropriate funds sufficient to allow the Department to either meet its obligations under this agreement or to operate as required and to fulfill its obligations under this agreement; or 2) If funds are de -appropriated, reduced, not allocated, or receipt of funds is delayed, or if any funds or revenues needed by the Department to make any payment hereunder are insufficient or unavailable for any other reason as determined by the Department in its sole discretion; or 3) If the Department's authorization to conduct its business or engage in activities or operations related to the subject matter of this agreement is withdrawn or materially altered or modified. The Department shall provide the Recipient with written notice of termination pursuant to this section. 7 January 2014 2. Programming and Federal Authorization. a. The Recipient shall be responsible for including the project in the appropriate Regional Planning Affiliation (RPA) or Metropolitan Planning Organization (MPO) Transportation Improvement Program (TIP). The Recipient shall also ensure that the appropriate RPA or MPO, through their TIP submittal to the Department, includes the project in the Statewide Transportation Improvement Program (STIP). If the project is not included in the appropriate fiscal year of the STIP, Federal funds cannot be authorized. b. Before beginning any work for which Federal funding reimbursement will be requested, the Recipient shall contact the Department to obtain the procedures necessary to secure FHWA authorization. The Recipient shall submit a written request for FHWA authorization to the Department. After reviewing the Recipient's request, the Department will forward the request to the FHWA for authorization and obligation of Federal funds. The Department will notify the Recipient when FHWA authorization is obtained. The cost of work performed prior to FHWA authorization will not be reimbursed with Federal funds. 3. Federal Participation in Work Performed by Recipient Employees. a. If Federal reimbursement will be requested for engineering, construction inspection, right-of-way acquisition or other services provided by employees of the Recipient, the Recipient shall follow the procedures in I.M. 3.310, Federal -aid Participation in In -House Services. b. If Federal reimbursement will be requested for construction performed by employees of the Recipient, the Recipient shall follow the procedures in I.M. 3.810, Federal -aid Construction by Local Agency Forces. c. If the Recipient desires to claim indirect costs associated with work performed by its employees, the Recipient shall prepare and submit to the Department an indirect cost rate proposal and related documentation in accordance with the requirements of 2 CFR 225. Before incurring any indirect costs, such indirect cost rate proposal shall be certified by the FHWA or the Federal agency providing the largest amount of Federal funds to the Recipient. 4. Design and Consultant Services a. The Recipient shall be responsible for the design of the project, including all necessary plans, specifications, and estimates (PS&E). The project shall be designed in accordance with the design guidelines provided or referenced by the Department in the Guide and applicable I.M.s. b. If the Recipient requests Federal funds for consultant services, the Recipient and the Consultant shall prepare a contract for consultant services in accordance with 23 CFR Part 172. These regulations require a qualifications -based selection process. The Recipient shall follow the procedures for selecting and using consultants outlined in I.M. 3.305, Federal -aid Participation in Consultant Costs. c. If Preliminary Engineering (PE) work is federally funded, and if right-of-way acquisition or actual construction of the project is not started by the close of the tenth fiscal year following the fiscal 8 January 2014 year in which the Federal funds were authorized, the Recipient shall repay to the Department the amount of Federal funds reimbursed to the Recipient for such PE work. PE includes work that is part of the development of the PS&E for a construction project. This includes environmental studies and documents, preliminary design, and final design up through and including the preparation of bidding documents. PE does not include planning or other activities that are not intended to lead to a construction project. Examples include planning, conceptual, or feasibility studies. 5. Environmental Requirements and other Agreements or Permits. a. The Recipient shall take the appropriate actions and prepare the necessary documents to fulfill the FHWA requirements for project environmental studies including historical/cultural reviews and location approval. The Recipient shall complete any mitigation agreed upon in the FHWA approval document. These procedures are set forth in I.M. 3.105, Concept Statement Instructions; 3.110, Environmental Data Sheet Instructions; 3.112, FHWA Environmental Concurrence Process; and 3.114, Cultural Resource Regulations. b. If farmland is to be acquired, whether for use as project right-of-way or permanent easement, the Recipient shall follow the procedures in I.M. 3.120, Farmland Protection Policy Act Guidelines. c. The Recipient shall obtain project permits and approvals, when necessary, from the Iowa Department of Cultural Affairs (State Historical Society of Iowa; State Historic Preservation Officer), Iowa Department of Natural Resources, U.S. Coast Guard, U.S. Army Corps of Engineers, the Department, or other agencies as required. The Recipient shall follow the procedures in I.M. 3.130, 404 Permit Process; 3.140, Storm Water Permits; 3.150, Highway Improvements in the Vicinity of Airports or Heliports; and 3.160, Asbestos Inspection, Removal and Notification Requirements. d. In all contracts entered into by the Recipient, and all subcontracts, in connection with this project that exceed $100,000, the Recipient shall comply with the requirements of Section 114 of the Clean Air Act and Section 308 of the Federal Water Pollution Control Act, and all their regulations and guidelines. In such contracts, the Recipient shall stipulate that any facility to be utilized in performance of or to benefit from this agreement is not listed on the Environmental Protection Agency (EPA) List of Violating Facilities or is under consideration to be listed. 6. Right -of -Way, Railroads and Utilities. a. The Recipient shall acquire the project right-of-way, whether by lease, easement, or fee title, and shall provide relocation assistance benefits and payments in accordance with the procedures set forth in I.M. 3.605, Right -of -Way Acquisition, and the Department's Office of Right of Way Local Public Agency Manual. The Recipient shall contact the Department for assistance, as necessary, to ensure compliance with the required procedures, even if no Federal funds are used for right- of-way activities. The Recipient shall obtain environmental concurrence before acquiring any needed right-of-way. With prior approval, hardship and protective buying is possible. If the 9 January 2014 Recipient requests Federal funding for right-of-way acquisition, the Recipient shall also obtain FHWA authorization before purchasing any needed right-of-way. b. If the project right-of-way is federally funded and if the actual construction is not undertaken by the close of the twentieth fiscal year following the fiscal year in which the Federal funds were authorized, the Recipient shall repay the amount of Federal funds reimbursed for right-of-way costs to the Department. c. If a railroad crossing or railroad tracks are within or adjacent to the project limits, the Recipient shall obtain agreements, easements, or permits as needed from the railroad. The Recipient shall follow the procedures in I.M. 3.670, Work on Railroad Right -of -Way, and I.M. 3.680, Federal -aid Projects Involving Railroads. d. The Recipient shall comply with the Policy for Accommodating Utilities on City and County Federal -aid Highway Right of Way for projects on non -primary Federal -aid highways. For projects connecting to or involving some work inside the right-of-way for a primary highway, the Recipient shall follow the Department's Policy for Accommodating Utilities on Primary Road System. Certain utility relocation, alteration, adjustment, or removal costs to the Recipient for the project may be eligible for Federal funding reimbursement. The Recipient should also use the procedures outlined in I.M. 3.640, Utility Accommodation and Coordination, as a guide to coordinating with utilities. e. If the Recipient desires Federal reimbursement for utility costs, it shall submit a request for FHWA authorization prior to beginning any utility relocation work, in accordance with the procedures outlined in I.M. 3.650, Federal -aid Participation in Utility Relocations. 7. Contract Procurement. The following provisions apply only to projects involving physical construction or improvements to transportation facilities: a. The project plans, specifications, and cost estimate (PS&E) shall be prepared and certified by a professional engineer or architect, as applicable, licensed in the State of Iowa. b. For projects let through the Department, the Recipient shall be responsible for the following: i. Prepare and submit the PS&E and other contract documents to the Department for review and approval in accordance with I.M. 3.505, Check and Final Plans and I.M. 3.510, Check and Final Bridge or Culvert Plans, as applicable. ii. The contract documents shall use the Department's Standard Specifications for Highway and Bridge Construction. Prior to their use in the PS&E, specifications developed by the Recipient for individual construction items shall be approved by the Department. iii. Follow the procedures in I.M. 3.730, Iowa DOT Letting Process, to analyze the bids received, make a decision to either award a contract to the lowest responsive bidder or reject all bids, and if a contract is awarded, execute the contract documents and return to the Department. 10 January 2014 c. For projects that are let locally by the Recipient, the Recipient shall follow the procedures in I.M. 3.720, Local Letting Process, Federal -aid. d. The Recipient shall forward a completed Project Development Certification (Form 730002) to the Department in accordance with I.M. 3.750, Project Development Certification Instructions. The project shall not receive FHWA Authorization for construction or be advertised for bids until after the Department has reviewed and approved the Project Development Certification. e. If the Recipient is a city, the Recipient shall comply with the public hearing requirements of the Iowa Code Section 26.12. f. The Recipient shall not provide the contractor with notice to proceed until after receiving written notice the Department has concurred in the contract award. 8. Construction. a. A full-time employee of the Recipient shall serve as the person in responsible charge of the construction project. For cities that do not have any full time employees, the mayor or city clerk will serve as the person in responsible charge, with assistance from the Department. b. Traffic control devices, signing, or pavement markings installed within the limits of this project shall conform to the "Manual on Uniform Traffic Control Devices for Streets and Highways" per 761 Iowa Administrative Code Chapter 130. The safety of the general public shall be assured through the use of proper protective measures and devices such as fences, barricades, signs, flood lighting, and warning lights as necessary. c. For projects let through the Department, the project shall be constructed under the Department's Standard Specifications for Highway and Bridge Construction and the Recipient shall comply with the procedures and responsibilities for materials testing according to the Department's Materials I.M.s. Available on-line at: http://www.iowadot.gov/erl/current/IM/navigation/nay.htm. d. For projects let locally, the Recipient shall provide materials testing and certifications as required by the approved specifications. e. If the Department provides any materials testing services to the Recipient, the Department will bill the Recipient for such testing services according to its normal policy as per Materials I.M. 103, Inspection Services Provided to Counties, Cities, and Other State Agencies. f. The Recipient shall follow the procedures in I.M. 3.805, Construction Inspection, and the Department's Construction Manual, as applicable, for conducting construction inspection activities. 11 January 2014 9. Reimbursements. a. After costs have been incurred, the Recipient shall submit to the Department periodic itemized claims for reimbursement for eligible project costs. Requests for reimbursement shall be made at least annually but not more than bi-weekly. b. To ensure proper accounting of costs, reimbursement requests for costs incurred prior to June 30 shall be submitted to the Department by August 1 if possible, but no later than August 15. c. Reimbursement claims shall include a certification that all eligible project costs, for which reimbursement is requested, have been reviewed by an official or governing board of the Recipient, are reasonable and proper, have been paid in full, and were completed in substantial compliance with the terms of this agreement. d. The Department will reimburse the Recipient for properly documented and certified claims for eligible project costs. The Department may withhold up to 5% of the Federal share of construction costs or 5% of the total Federal funds available for the project, whichever is less. Reimbursement will be made either by State warrant or by crediting other accounts from which payment was initially made. If, upon final audit or review, the Department determines the Recipient has been overpaid, the Recipient shall reimburse the overpaid amount to the Department. After the final audit or review is complete and after the Recipient has provided all required paperwork, the Department will release the Federal funds withheld. e. The total funds collected by the Recipient for this project shall not exceed the total project costs. The total funds collected shall include any Federal or State funds received, any special assessments made by the Recipient (exclusive of any associated interest or penalties) pursuant to Iowa Code Chapter 384 (cities) or Chapter 311 (counties), proceeds from the sale of excess right- of-way, and any other revenues generated by the project. The total project costs shall include all costs that can be directly attributed to the project. In the event that the total funds collected by the Recipient do exceed the total project costs, the Recipient shall either: i. in the case of special assessments, refund to the assessed property owners the excess special assessments collected (including interest and penalties associated with the amount of the excess), or ii. Refund to the Department all funds collected in excess of the total project costs (including interest and penalties associated with the amount of the excess) within 60 days of the receipt of any excess funds. In return, the Department will either credit reimbursement billings to the FHWA or credit the appropriate State fund account in the amount of refunds received from the Recipient. 10. Project Close-out. a. Within 30 days of completion of construction and other activities authorized by this agreement, the Recipient shall provide the completed pre -audit checklist to the Department and request a 12 January 2014 final audit, in accordance with the procedures in I.M. 3.910, Final Review, Audit, and Close-out Procedures for Federal -aid Projects. b. For construction projects, the Recipient shall provide a certification by a professional engineer, architect, or landscape architect as applicable, licensed in the State of Iowa, indicating the construction was completed in substantial compliance with the project plans and specifications. c. Final reimbursement of Federal funds shall be made only after the Department accepts the project as complete. d. The Recipient shall maintain all books, documents, papers, accounting records, reports, and other evidence pertaining to costs incurred for the project. The Recipient shall also make these materials available at all reasonable times for inspection by the Department, FHWA, or any authorized representatives of the Federal Government. Copies of these materials shall be furnished by the Recipient if requested. Such documents shall be retained for at least 3 years from the date of FHWA approval of the final closure document. Upon receipt of FHWA approval of the final closure document, the Department will notify the Recipient of the record retention date. e. The Recipient shall maintain, or cause to be maintained, the completed improvement in a manner acceptable to the Department and the FHWA. 13 Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-227 RESOLUTION APPROVING FEDERAL -AID AGREEMENT FOR A TRANSPORTATION ALTERNATIVES PROGRAM (TAP) PROJECT WITH THE IOWA DEPARTMENT OF TRANSPORTATION AND DIRECTING EXECUTION OF SAID AGREEMENT BY MAYOR. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Federal -Aid Agreement for a Transportation Alternatives Program (TAP) Project dated April 7, 2014, with funding 80 percent of the total cost of eligible items up to a maximum amount of $412,000.00, with a required local match of 20 percent up to $103,000.00, for the F.Y. 2014 Shaulis Road Recreational Trail Extension - Phase I, Contract No. 858, by and between the Iowa Department of Transportation and the City of Waterloo, Iowa, be and the same is hereby approved, and the Mayor and City Clerk authorized to execute the same in behalf of the City of Waterloo, Iowa. PASSED AND ADOPTED this 7th day of April, 2014. ATTEST: SuzScha City Cler es, CMC '/552 Ernest G. Clark, Mayor CITY OF WATERLOO Council Communication City Council Meeting: April 7, 2014 Prepared: March 31, 2014 Dept. Head Signature: Eric Thorson, PE., City Engineer # of Attachments: SUBJECT: CONSTRUCTION PLANS FOR PAVING, SANITARY SEWER, WATER, AND STORM SEWER SERVING HAMMOND HILLS SIXTH ADDITION Submitted by: Dennis Gentz, P.E., Assistant City Engineer Recommended City Council Action: These plans have been reviewed by this office and are recommended for approval by the City Council. Summary Statement Transmitted herewith are the paving, sanitary sewer, water, and storm sewer construction plans serving HAMMOND HILLS SIXTH ADDITION, Waterloo, Iowa, as submitted by VJ Engineering, of Cedar Falls, Iowa. Expenditure Required Source of Funds Policy Issue N/A Alternative None Background Information: Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-228 RESOLUTION APPROVING CONSTRUCTION PLANS FOR PAVING, SANITARY SEWER, WATER AND STORM SEWER SERVING HAMMOND HILLS SIXTH ADDITION, AS SUBMITTED BY VJ ENGINEERING, INC. OF CEDAR FALLS, IOWA. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the construction plans for paving, sanitary sewer, water and storm sewer serving Hammond Hills Sixth Addition, as submitted by VJ Engineering, Inc. of Cedar Falls, Iowa, be and the same are hereby approved. PASSED AND ADOPTED this 7th day of April, 2014. Ernest G. Clark, Mayor ATTEST: zy Sc -a es, CMC City Cler CITY OF WATERLOO Council Communication City Council Meeting: Aril 7 201 Prepared: March 31 2014 Dept. Head Signature: Eric Thorson PE City Eneineer # of Attachments: _ rex. \st SUBJECT: AGREEMENT WITH R FATERLOO WATER WORKS FOR WATER MAINREPLACEMENT IN CITY CONTRACT F.Y. 2014 STREET RECONSTRUCTION PROGRAM CONTRACT NO. 859 Submitted by: Dennis Gentz, P.E., Assistant City Engineer Recommended City Council Action: The City Engineer's Office recommends that the Mayor be authorized to sign this agreement on behalf of the City of Waterloo. Summary Statement This agreement is between the City of Waterloo and the Waterloo Water Works for water main replacement on Easton Avenue (Wisconsin Street to�eea torte andRoad). The City of the Waterloo Water Waorkso will b will be responsible for the cost of the reconstruction of the s e responsible for the cost of the water main replacement. The City will process the payments to the contractor and will then be reimbursed by the Waterloo Water Works. This agreement is available in the City Clerk's office if you wish to review it in its entirety. Expenditure Required Source of Funds Street Recon portion - Local Option Sales Tax Funds Policy Issue N/A Alternative None Background Information: Cc: Rudy Jones, Community Development Director WATERLOO WA, R WORKS TO: Dennis Gentz, P.E. Waterloo City Engineering Dept. 715 Mulberry St. Waterloo, Iowa WE ARE SENDING YOU: Attached Shop Drawings Copy of Letter x Prints Change Order .00<:, Letter of Transmittal Date: March 21, 2014' Job No. Attention: Dennis Gentz, P.E. Re: FY 2014 Street Reconstruction Program, Contract No. 859, Division II Water Main Replacement Under Separate cover via the following items: Plans Samples Specifications COPIES DATE NO. DESCRIPTION 3 3/19/2014 Agreement signed by WWW for City approval THESE ARE TRANSMITTED AS CHECKED BELOW: x x For approval For your use As requested For review and comment For Bids due: REMARKS: II II Approved as submitted Approved as noted Returned for corrections ll II Resubmit copies for approval Submit copies for distribution Return corrected prints Prints returned after loan to us Please return one copy after completion. Thanks. COPY TO: SIGNED: Dennis D. Clark, P.E. dennis.clark@waterloo-ia.org If enclosures are not as noted, kindly notify us at once. 325 Sycamore Street • P.O. Box 27 • Waterloo, Iowa 50704-0027 • (319) 232-6280 • Fax: (319) 232-1962 CITY OF WATERLOO F.Y. 2014 STREET RECONSTRUCTION PROGRAM, CONTRACT No. 859 AGREEMENT NOW on this ! day ofi" , 2014, the Waterloo Water Works and the City of Waterloo, Iowa, enter into this Agreement for and in consideration of the mutual covenants and promises contained herein andfor other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged. I. RECITALS WHEREAS, the street reconstruction and water main replacements and extensions are to be constructed in the same corridors (Refer to E. AREA COVERED) in which the parties have some interest, are proposed to be constructed in calendar year 2014; and WHEREAS, the parties presently have varying degrees of responsibilities for the reconstruction of various streets in the F.Y. 2014 Street Reconstruction Program, Contract No. 859 and the replacement and extension of the existing water main in the streets listed below in E. AREA COVERED; and WHEREAS, the parties believe that the payments to be made to the contractor would best be handled by the City of Waterloo. NOW, THEREFORE, the parties agree as follows: II. TERMS OF AGREEMENT A. PURPOSE. Refer to Recitals. R. JURISDICTION. The jurisdiction for responsibility for design, inspection and funding shall be: Division I — City of Waterloo Division II — Waterloo Water Works C. FINANCING. The Waterloo Water Works and the City of Waterloo shall share the costs for the Project according to the following: 1. The Waterloo Water Works shall pay for the entire cost of reconstruction or extension of the water mains along the proposed corridors. (Division II) 2. The City of Waterloo shall pay for the entire cost of reconstruction of the streets along the proposed corridors. (Division I) 3. The City of Waterloo shall be responsible for administering the payments to the contractor, to bill the Waterloo Water Works and the Waterloo Water Works shall make payment within fifteen (15) days of said billing. 4. Financing for this Project shall be the responsibility of each of the parties hereto as reflected in this Agreement. D. ADMINISTRATION OF AGREEMENT. The Waterloo Water Works shall prepare plans, specifications, estimate of quantities, estimate of cost, etc. and submit them to the City, to be included in the contract as Division II. A licensed professional engineer in the state of Iowa, who is a representative of the Waterloo Water Works, shall sign the Division II Plans and Specifications. The City of Waterloo shall follow the current City bidding procedures for the project and administer the letting phase of this project. The construction phase of this project shall be administered with City of Waterloo for Division I and Waterloo Water Works for Division II. The Waterloo Water Works shall be notified of all meetings involving said Project and shall have the right of review and acceptance for each of the following phases for Division II: 1. Bid Award Approval; 2. Final Construction Approval. E. AREA COVERED. The area covered by this Agreement shall be: a. Easton Avenue — from Wisconsin Street to La Porte Road F. DURATION. This Agreement shall be in effect until completion of the construction or termination by written agreement of all parties. DATED this Fday of , 2014. Waterloo Water Works By: ATTEST: Terry M. Kuntz,Cha. a Board of Trustees Waterloo Water Works Dennis Clark, General Manager and Board Secretary STATE OF IOWA, BLACK HAWK COUNTY, ss: On this 19th day of March, 2014, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Terry M. Kuntz and Dennis Clark, to me personally known, and who, being by me duly sworn, did say that they are the Board of Trustees Chair and the Board Secretary, respectively, of the Waterloo Water Works; and that the instrument was signed and sealed on behalf of the utility by authority of its Board of Trustees as contained in the Resolution adopted by the Board of Trustees, on the 19th day of March, 2014, and that Terry M. Kuntz and Dennis Clark acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the utility, by it voluntarily executed. CARLA MANAHL.. COMMISSION NO.781814 MY COMMISSION EXPI ESs CITY OF WATERLOO, IOWA By: Ernest G. Clark, Mayor City of Waterloo ATTE T: Suzy Scha-es, City Clerk STATE OF IOWA, BLACK HAWK COUNTY, ss: On this day of , 2014, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Ernest G. Clark and Suzy Schares, to me personally known, and who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Waterloo, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation by authority of its City Council as contained in the Resolution adopted by the City Council, o der Council Action No 2L -,-, L! 22` of the City Council on the ? `" day of , 2014, 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. 6 " idtary Public in'and for the State of Iowa C 101 o w A DeAnne Kobliska COMMISSION NO. 763995 MY COMMISSION EXPIRES Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-229 RESOLUTION APPROVING AGREEMENT WITH WATERLOO WATER WORKS AND DIRECTING EXECUTION OF SAID AGREEMENT BY MAYOR. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Agreement dated April 7, 2014, for water main replacement in conjunction with the F.Y. 2014 Street Reconstruction Program, Contract No. 859, by and between the Waterloo Water Works and the City of Waterloo, Iowa, be and the same is hereby approved, and the Mayor and City Clerk authorized to execute the same in behalf of the City of Waterloo, Iowa. PASSED AND ADOPTED this 7th day of April, 2014. //Le...-IZ--- —I gL" Ernes G. Clark, Mayor ATTEST: OL1_c7-) Suzy Scha es, CMC City Cler CITY OF WATERLOO Council Communication City Council Meeting: Prepared: Dept. Head Signature: # of Attachments: April 7, 2014 April 2, 2014 SUBJECT: Continuation of Main Street Iowa Program Agreement Submitted by: Mayor Clark Recommended City Council Action: Summary Statement Expenditure Required Source of Funds Policy Issue Alternative Background Information: Approval/Resolution Main Street Iowa Program Agreement Agreement # PS2014-G300-47 Agreement between the Iowa Economic Development Authority, the City of Waterloo and Updowntowners of Waterloo, Inc. / DBA Main Street Waterloo Partnership & Main Street Waterloo for the purpose of continuing the Main Street Program in Waterloo. THIS AGREEMENT is entered into and executed by the Iowa Economic Development Authority herein referred to as the "IEDA", the City of Waterloo and Updowntowners of Waterloo, Inc. / DBA Main Street Waterloo Partnership & Main Street Waterloo hereinafter referred to as the "Community or Local Main Street Program". WHEREAS, Updowntowners of Waterloo, Inc. / DBA Main Street Waterloo Partnership & Main Street Waterloo established a partnership with the Iowa Economic Development Authority in 1996 and desires that the program continue; and WHEREAS, the Iowa Economic Development Authority desires to continue the relationship which has been established with Updowntowners of Waterloo, Inc. / DBA Main Street Wal:erloo Partnership & Main Street Waterloo; NOW THEREFORE, in consideration of the foregoing and mutual covenants and agreements contained herein, the parties have agreed to do as follows: SECTION I. The Local Main Street Program agrees to: 1. Maintain the local program's focus on the revitalization of the historic commercial district utilizing the Main Street Four Point Approach®. This should be reflected in the programs annual action plans, goals and objectives, vision, and mission statement. 2. Employ a paid full-time program director for the Local Main Street Program who will be responsible for the day-to-day administration of the Main Street program in the Community. Full-time employment is defined as 40 hours per week dedicated to the Local Main Street Program work. Part time employment is 25 hours per week dedicated to the Local Main Street Program work. In the event this position is vacated during the time of this agreement, the Local Main Street Program agrees to fill this position in a reasonable time and provide a written timeline to fill this position to the Main Street Iowa State Coordinator. 3. Develop an accurate position description, which includes the rate of compensation, describing the administrative activities for which the program director is responsible. A copy of which is to be provided during the annual program visit. 4. Maintain worker's compensation insurance for the program director and staff. Provide proof of insurance during the annual program visit. 5. Maintain an office within the designated boundaries of the local Main Street district. 6. Submit monthly performance reports to the IEDA by established deadlines. The reports will document the progress of the Local Main Street Program's activities. Should a Local Main Street Program become three months tardy on submission of monthly reports, program services available through Main Street Iowa will be suspended until the Local Main Street Program has submitted all late reports to become current. 7. Provide the State Main Street Coordinator with one (1) copy of any materials published or printed that relate to the Local Main Street Program 8. Achieve National Main Street Center accreditation at a minimum once every three years. Not achieving National Main Street Center accreditation at a minimum once every three years will result in termination of this agreement and loss of recognition as a Main Street Program Community. 9. Participate, as required by the State Main Street Coordinator, in training sessions as scheduled throughout the year. To remain in compliance and to be eligible for National Main Street accreditation, the Local Main Street Program must have representation at both days, in their entirety, of the four training sessions held annually, indicated as mandatory on the program calendar. In addition, any newly hired program director will be required to participate in Main Street Orientation, as soon after the hire date as feasible. Registration and all related travel expenses for training will be paid by the Community. Page 1 of 3 Agreement # PS2014-G300-47 10. Have a Resolution of Support passed by the city council. This resolution must stipulate sources of funding for the program, who will be designated to supervise the program director, (i.e., the Main Street Board, etc.), a commitment to appoint a city official to represent the city on the local Main Street governing board of directors, and that the Local Main Street Program will continue to follow the Main Street Four Point Approach® as developed by the National Main Street Center, Inc. and espoused by Main Street Iowa. 11. Have a Resolution of Support passed by the Local Main Street Program Board of Directors. This resolution must stipulate a commitment to continue to follow the Four -Point Main Street Approach® as developed by the National Main Street Center, Inc. 12. Maintain a "Designated Main Street Network" membership with the National Main Street Center. 13. Use the words "Main Street" when referring to the local program, either as an official part of the organization's name or as a tagline such as... "A Main Street Iowa community". As a designated Main Street Iowa community, the Local Main Street Program is allowed and encouraged to include the National Main Street Center and the Main Street Iowa logos on local program websites, marketing materials, etc. 14. Not assign this agreement to another organization without obtaining prior written approval of the IEDA. 15. Remain in compliance with the requirements of this program as outlined in this agreement. If the IEDA finds that the Local Main Street Program is not in compliance with the requirements of this program, the Local Main Street Program will be notified of non-compliance and given a probationary period in which to return to compliance. Continued non-compliance will result in termination of this agreement and loss of recognition as a Main Street Program Community. 16. Submit with this Program Agreement one (1) copy the City's Resolution of Support, one (1) copy of the Local Main Street Program Board of Director's Resolution of Support, and one (1) completed W-9 of the Local Main Street Program. SECTION II. The IEDA agrees to: 1. Designate a Main Street State Coordinator to handle communication between the Community, the Main Street Iowa Program, and state government agencies. 2. Coordinate up to four (4) statewide training sessions annually for program directors and local Main Street volunteers based on the combined needs of all Iowa Main Street Communities. 3. Conduct three to four one -day (1) Main Street orientations for all new program directors, board members and volunteers. The Orientation will introduce the program director to the Main Street Program and to their immediate responsibilities. Orientation meetings will be held in a central Iowa location. 4. Conduct an on-site program visit annually. 5. Provide continuing advice and information to the Local Main Street Program. 6. Include the Community in the Main Street Iowa network. 7. Provide, as requested and can be scheduled, on-site technical assistance visits to the Local Main Street Program with Main Street Iowa personnel in the areas of design, economic restructuring, promotion, organization, committee training, board planning retreat facilitation, action planning. 8. Offer training via the Iowa Communications Network (ICN) or Webinars up to three times each year. Page 2 of 3 Agreement # PS2014-G300-47 SECTION III. The PARTIES hereto otherwise agree as follows: 1. The term of this agreement shall be fora period of two years, beginning July 1, 2014, and ending June 30, 2016. It may be extended or revised by a written amendment signed by both parties. 2. This agreement shall be binding upon and shall insure to the benefit of the parties and their successors. 3. Not to discriminate against any employee or applicant for employment because of race, color, sex, age, disability, creed, religion, sexual orientation, marital status, or national origin. The parties further agree to take affirmative action to assure that employees are treated without regard to their race, color, region, sex, age, disability, creed, religion, sexual orientation, marital status, or national origin during employment. 4. Either party may terminate this agreement without cause after 30 days written notice to the other party. 5. This document memorializes all elements of this agreement, and both incorporates and supersedes any previous agreements or negotiations, whether oral or written. 6. The IEDA is limited to furnishing its technical services to the Community and thus nothing contained herein shall create any employer-employee relationship. IN WITNESS WHEREOF, the parties have executed this agreement. BY: BY: BY: (Mayor) Waterloo, Iowa (City) (Date) (Board President) (Date) Updowntowners of Waterloo, Inc. / DBA Main Street Waterloo Partnership & Main Street Waterloo (Local Main Street Program) Deborah V. Durham, Director (Date) Iowa Economic Development Authority Page 3 of 3 Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-230 RESOLUTION OF SUPPORT AND FINANCIAL COMMITMENT FOR THE MAIN STREET PROGRAM IN WATERLOO, IOWA. WHEREAS, an Agreement between the Iowa Economic Development Authority, the Updowntowners of Waterloo, Inc./DBA Main Street Waterloo Partnership & Main Street Waterloo and the City of Waterloo, Iowa for the purpose of continuing the Main Street Iowa program in Waterloo, Iowa and, WHEREAS, this Agreement is pursuant to contractual agreements between the National Trust for Historic Preservation and the Iowa Economic Development Authority to assist in the revitalization of the designated Main Street project area of Waterloo, Iowa and, WHEREAS, the City Council of Waterloo, Iowa endorses the goal of economic revitalization of the downtown within the context of preservation and rehabilitation of its historic buildings and supports the continuation of the Main Street Four Point Approach® as developed by the National Trust for Historic Preservation and espoused by Main Street Iowa and, WHEREAS, the City will continue to financially support Main Street through use of TIF funds, and potential SSMID generated funds, designates the Main Street Board to supervise the program director, and will continue to appoint a city official to represent the City on the Main Street Board. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, meeting in regular session on April 7, 2014, that the City of Waterloo, Iowa hereby agrees to support both financially and philosophically the work of the Updowntowners of Waterloo, Inc./DBA Main Street Waterloo Partnership & Main Street Waterloo and designates the Main Street Board to supervise the Program Director. PASSED AND ADOPTED this 7th day of April, 2014. Ernest G. Clark, Mayor ATTEST: att.!) Suzy Sc ares, CMC City Clerk 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 7, 2014 Prepared: April 2, 2014 Dept. Head Signature:- # of Attachments: 8 SUBJECT: Set date of public hearing as April 21, 2014 for a request by Harris Cleaning for a site plan amendment to the "M -2,P" Planned Industrial District, to allow for the construction of a 80'x 125' (10,000 SF) industrial building, located east of 2366 Newell Street. Submitted by: Noel Anderson, Community Planning and Development Director Recommended City Council Action: Approval Summary Statement: Transmitted herewith is a request to set date of public hearing as April 21, 2014 for a request by Harris Cleaning for a site plan amendment to the "M -2,P" Planned Industrial District, to allow for the construction of a 10,000 SF industrial building located east of 2366 Newell Street. The request to construct the new industrial building would not appear to have a negative impact on the surrounding area, as the proposed structure would appear to fit the character of the industrial area it will be located in. The proposed site plan amendment request would not appear to have a negative impact upon traffic and pedestrian conditions in the area. There will be one ingress/egress point to the property coming from Newell Street. There are no sidewalks in the area. The site is served nearby by Northeast Drive from the north and south, which is classified as a Local Street. Newell Street serves the site from the east and west, and is classified as a Minor Arterial. All necessary utilities are within the industrial park to serve the proposed development. The Zoning Ordinance requires that prior to the issuance of any building permit for any building or structure in the zoning district in question, a site plan amendment must be approved by the Planning, Programming and Zoning Commission and City Council if deemed a major amendment. The general plan for the development should show the location of all buildings, internal streets, parking lots, railroad tracks, proposed sanitary and storm sewer lines, and water and power facilities. CITY WEBSITE: www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer As noted, the applicant is proposing to construct a new, 80'x 125' (10,000 SF) light industrial building. The plat for this particular area has 50' building setback lines, therefore, the proposed structure would need to be at least 50' from the property lines fronting Newell Street. However, all required setbacks shall be determined through plan review. The proposed building will be 18' in height. The north elevation of the building facing towards Newell Street will have 4' of split face masonry block along the bottom of the wall. Above that will be emerald green "Shadow Rib" siding, with white trim and white doors. On all other elevations of the building it will just be ribbed steel siding. At this time, no landscaping plan has been submitted. It will be necessary that a landscaping plan is submitted at the time of staff site plan review as a part of the building permit process. At their April 1, 2014 Planning, Programming and Zoning Commission meeting, the Commission voted unanimously to approve the request for site plan amendment. Expenditure Required: None Source of Funds: N/A Policy Issue: Economic Development, Land Use Alternative: Background Information: The Northeast Industrial Park was created in the mid-1990s to foster new economic growth, located in close proximity to heavy sewer lines and rail transportation. Legal Description: Northeast Industrial Park Plat No. 1, Lot 4 ta:NA Cc: Aric Schroeder, City Planner --file-- 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: April 1, 2014 Request for a Site Plan Amendment to the "M -2,P" Planned Industrial District to allow for the construction of 10,000 SF industrial building, located east of 2366 Newell Street Harris Cleaning, 736 Ansborough Avenue, Waterloo, IA 50701 The applicant is requesting approval of the site plan amendment for the purpose of constructing an 80'x 125' (10,000 SF) industrial building. The request to construct the new industrial building would not appear to have a negative impact on the surrounding area, as the proposed structure would appear to fit the character of the industrial area it will be located in. The proposed site plan amendment request would not appear to have a negative impact upon traffic and pedestrian conditions in the area. There will be one Newell Street. There are no sidewalks in the area. The site is served nearby by Northeast Drive from the north and south, which is classified as a Local Street. Newell Street serves the site from the east and west, and is classified as a Minor Arterial. The Martin Luther King, Jr. Drive recreational trail is located approximately 1/4 of a mile to the south along the north side of that road. The area in question is zoned "M -2,P" Planned Industrial District, and was rezoned from "A-1" Agricultural District in October of 1995. North — Vacant development ground, zoned "A-1" Agricultural District. South —Industrial development, zoned "M -2,P" Planned Industrial District. East — Industrial development, zoned "M -2,P" Planned Industrial District. . West — Industrial development, zoned "M -2,P" Planned Industrial District. There appears to be no need for additional screening and buffering for this request. When the building is constructed, it will be necessary to submit and execute an approved landscaping plan. It would appear that the proposed site plan amendment would not have a negative impact on drainage in the area. The applicant would need to submit a storm water calculation and detention plan and provide a water detention area upon the site to mitigate any drainage concerns. A detention pond is shown on the south side of the property. SPA East of 2366 Newell St — 10000 SF bldg Page 1 of 3 DEVELOPMENT HISTORY: FLOODPLAIN: PUBLIC /OPEN SPACES/ SCHOOLS: UTILITIES: WATER, SANITARY SEWER, STORM SEWER, ETC. RELATIONSHIP TO COMPREHENSIVE LAND USE PLAN: STAFF ANALYSIS — ZONING ORDINANCE: STAFF ANALYSIS — SUBDIVISION ORDINANCE: April 1, 2014 The surrounding area is comprised of light industrial development. Development in this area began occurring in the middle 1990s, with the most recent development occurring in 2012. The area in question is not 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 0193F, dated July 18, 2011. There are no parks or nearby schools within the immediate vicinity of the request. There is an 8" sanitary sewer located to the south of 2365 Northeast Drive within a utility/drainage easement. There is also a sanitary sewer located along the south property line of the lot in question. The proposed site plan amendment is in conformance with the Future Land Use Map and Comprehensive Plan for this area, which designates it as Industrial. The Zoning Ordinance requires that prior to the issuance of any building permit for any building or structure in the zoning district in question, a site plan amendment must be approved by the Planning, Programming and Zoning Commission and City Council if deemed a major amendment. The general plan for the development should show the location of all buildings, internal streets, parking lots, railroad tracks, proposed sanitary and storm sewer lines, and water and power facilities. As noted, the applicant is proposing to construct a new, 80'x 125' (10,000 SF) light industrial building, located east of 2366 Newell Street. The plat for this particular area has 50' building setback lines, therefore, the proposed structure would need to be at least 50' from the property line fronting Newell Street. However, all required setbacks shall be determined through plan review. The proposed building will be 18' in height. The north elevation of the building facing towards Newell Street will have 4' of split face masonry block along the bottom of the wall. Above that will be emerald green "Shadow Rib" siding, with white trim and white doors. On all other elevations of the building it will just be ribbed steel siding. At this time, no landscaping plan has been submitted. It will be necessary that a landscaping plan is submitted at the time of staff site plan review as a part of the building permit process. There is no platting required for this request. SPA East of 2366 Newell St — 10000 SF bldg Page 2 of 3 April 1, 2014 STAFF Therefore, staff recommends that the request for site plan RECOMMENDATION: amendment to the "M -2,P" Planned Industrial District for the construction of a 10,000 SF industrial building be approved for the following reasons: 1. The request is located within the Primary Growth Area according to the City of Waterloo Comprehensive Plan. 2. The proposed building would not appear to have a negative impact upon the surrounding area, and would appear to fit the character of existing industrial development in the area 3. The proposed development would not appear to have a negative impact upon traffic conditions in the area. 4. The proposed building can be serviced by the extension of existing utilities in the area. And subject to the following condition(s): 1. That the final site plan meets all applicable city codes, regulations, etc. including, but not limited to, parking, landscaping, drainage, etc. SPA East of 2366 Newell St — 10000 SF bldg Page 3 of 3 City of Waterloo Planning, Programming and Zoning Commission April 1, 2014 East of 2366 Newell Street M -2,P Site Plan Amendment Harris Cleaning 4 City of Waterloo Planning, Programming and Zoning Commission April 1, 2014 Property Proposing Site Plan Amendment East of 2366 Newell Street M -2,P Site Plan Amendment Harris Cleaning 5 7 /zo o s z$. a -L 84tS 242.05 t ar5 CQ i%.(2-2331Etfil Z.Cai44 Za4 `[..0 •-• 5c4. 77"Z- y Co.c 6 3 Eky-r 14 14,0, 0.% 1- IS 1- r"-• rA. L-Av EV. :4 41.4. St-ltkt R C3 SI I NI cz Sci •Ik 11St S' E: A s -T. ISLE vAT70 7 APPLICATION SITE PLAN AMENDMENT TO A "R -P", "M -P", "C -P", "B -P", "S-1" OR "C -Z" DISTRICT CITY OF WATERLOO PLANNING, PROGRAMMING, AND ZONING COMMISSION, WATERLOO, IOWA 319.291.4366 New or Overall Amendment Individual Building Minor change (check one) (Minor Change must be approved by staff) 1. APPLICATION INFORMATION• a. Applicant's name (please print): 4-i` 61.-ag CA4--A-cia.(1 Addr s : 1 3 Cv ilk*si�t-G-t kt-4 Phone: 23c.47 Fax: 23b -'? 2.41 City: W ak l.Lob State: ,c1, - Zip: S o "3 01 b. Status of applicant: (a) Owner (b) Other ?o (CHECK ONE): If other explain: c. Property owner's n e if d' a nt than above (please print): C�td Yo i'' ds. a .----#76..a.,1 , % t L,fidf 16 Addre sti ( '-f 1 Z�o Phone: Fax: City: :( rh r!. State:` -0,J1,4- Zip: 2. PROPERTY INFORMATION: a. General location of site plan to be amended: 44,1_ i 2, ()IlAtj b. Legal description of property or portion to be amended: Oka- Bc1 iZr 2t) Zat — C)!! c. Dimensions of proposed site plan amendment: ,' Z .S X 350 d. Area of proposed site plan e)F� amen ment: fgj/lio - �I5i,,,G1l:�,.•, �=•,� ;,� fC,ti:, .� i� s e. Current zoning: M z F (ig/�G „,gin 4/90 -Zia id's f. Reason(s) for site plan amendment and proposed use(s) of property: 1 5 2L 4' g. Conditions (if any) agreed to (does not affect existing conditions unless specified): h. Other pertinent information (use reverse side if necessary): Please Note: If applicant is not the owner of the property, the signature of the owner must be secured. If it is the intent to subdivide (split) any land, vacant or improved in conjunction with this request it must go through a platting process (separate from site plan amendment request). The filing fee of $200 (for new or overall amendment), $100 (for individual Building), or $0 (for minor change) (payable to the City of Waterloo) is required. This fee is non-refundable. Under no condition shall said sum or any part thereof be refunded for failure of said amendment to be enacted into law. Any major change in any of the information given will require that the request go back through the process, with a new filing fee. If the request is denied no new petition covering the same or portion of the same property shall be filed with or considered by the Planning, Programming, and Zoning Commission until four (4) months have elapsed from the date of denial by the Waterloo City Council. The undersigned certify under oath and under the penalties of perjury that all information on this request and submitted along with it is true and correct. All information submitted will be used by the Waterloo Planning, Programming, and Zoning Commission and the Waterloo City Council in making their decision. The undersigned authorize City Zoning Officials to enter the property in question in re ar to the request. yet (11 dtviAt Sigi% tore of A lica t Date Si ature of V ner Date 70' 8 Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-231 RESOLUTION FIXING THE TIME AND PLACE OF HEARING AND NOTICE TO BE GIVEN ON THE REQUEST OF HARRIS CLEANING FOR A SITE PLAN AMENDMENT TO THE "M -2,P" PLANNED INDUSTRIAL DISTRICT FOR PROPERTY GENERALLY LOCATED EAST OF 2366 NEWELL STREET, AS APRIL 21, 2014, AT 5:30 P.M. IN CITY HALL COUNCIL CHAMBERS, WATERLOO, IOWA, AND INSTRUCTING THE CITY CLERK TO PUBLISH NOTICE OF HEARING. WHEREAS, the Council of the City of Waterloo, Iowa, shall meet in the Council Chambers in the City Hall in the City of Waterloo, Iowa, at 5:30 p.m. on the 21St day of April, 2014, for the purpose of considering the request of Harris Cleaning for a site plan amendment to the "M -2,P" Planned Industrial District for property generally located east of 2366 Newell Street, to allow for the construction of a 80' x 125' (10,000 SF) industrial building, and legally described as follows: Northeast Industrial Park Plat No. 1, Lot 4, City of Waterloo, Black Hawk County, State of Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the City Clerk is hereby directed to publish notice of the time and place of said hearing in the Waterloo Courier. PASSED AND ADOPTED this 7th day of April, 2014. rnest G. Clark, Mayor ATTEST: SiT y Schaes, CMC City Clerk 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 7, 2014 Prepared: April 2, 2014 Dept. Head Signature: # of Attachments: COUNCIL SUBJECT: Request by Jared and Lori Honermann to vacate the 50' platted building line located MEMBERS on Lot 22 of Guernsey's 2nd Orangeview Plat, located east of 1360 Angus Drive, for the purpose of constructing one new single-family home. DAVID JONES Ward 1 CAROLYN COLE Ward 2 Submitted by: Noel Anderson, Community Planning and Development Director Recommended City Council Action: That the City Council set a date of public hearing and publish an official notice pertinent to the request to vacate, and have the Mayor and City Clerk execute the same. HAROLD Summary Statement: Staff feels that the request to vacate the 50' Building would not appear to be GETTY Ward 3 a negative impact on the area as just about all of the homes in the Guernsey's 2nd Orangeview Plat are all at 30' setbacks. The applicant intends to build a new home on the site and would like to QUENTIN match the other homes in the area which are set at 30' setbacks. HART Ward 4 RON WELPER Ward 5 At the February 4, 2013, Planning and Zoning Commission meeting, the request to vacate was unanimously approved by the commission with staff recommendations. Expenditure Required: N/A BOB GREENWOODSource of Funds: N/A At -Large STEVE Policy Issue: Platted Building line Vacate SCHMITT At -Large Alternative: N/A Background Information: N/A cc: Noel 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 Planning & Zoning Department 715 Mulberry Street, Waterloo, Iowa 50703 (319) 291-4366 U Offer to Vacate and Purchase City Right -of -Way al Request to Vacate Easement, Vacate Sidewalk, or Encroachment Agreement ,.Ott) LiA,, ❑ Sale of City -Owned Property Applicant: Jared/Lori Honermann Address:730 ;sonya Tlr, WTL00 PhoneNo.: 319-231-1706 Paul Rottinghaus (owner/seller) 1360 Angus Dr, WTL00 General Description of Property to Vacated (i.e.- alley between A St. & B St., South of C St.): SEE ATTACHMENT Legal description of area to be conveyed, vacated, or encroached: SEE ATTACHMENT 1. A non-refundable filing fee(s) shall be made as follows (checks payable to City of Waterloo): • Right-of-way vacation — One Hundred Seventy Five Dollar ($175.00) Filing Fee • Easement or sidewalk vacation — Seventy Five Dollar ($75.00) Filing Fee • Encroachment — One Hundred Dollar ($100.00) Filling Fee • Sale of city -owned property not required to be vacated — No Fee • Any request not meeting the Sale of Property Policy — One Hundred Dollar ($100.00) Fee 2. Offer Price*[Note: If the offer price meets the Sale of Property Policy (see attached) the request will not be required to be reviewed by the Building & Grounds Committee.] • Asking price (see attached Sale of Property Policy for how calculated): • Deductions • May decrease price by 50% for area located within an easement: • May decrease price for the City tax that will be collected on the land within 5 yrs (8 yrs inside of the CURA): • Costs (surveying & misc., demolition, remove of curbs, etc): Asking price — Deductions = Value of Property: Offer Price for Entire Area: Note: The above information is a summary of the Sale of Property Policy (see attached). All requests to vacate and purchase City right-of-way must be accompanied by a signed "Intent to Vacate" form for each abutting property to the area to be vacated. Any request that fails to meet the Sale of Property Policy shall not be forwarded to the Building and Grounds Committee or City Council. Any such applicant shall need to request review to Building and Grounds through a City Council member. 3. Publication and Recording Fees*: At the time a buyer(s) has been selected, all publication costs and recording fees must be paid by the applicant. Applicant shall be responsible for collecting from other buyers. 4. Easement*: The following easement shall be retained: 5. Other: Please provi ,altcons e a site plan and/or aerial photo of the area to be vacated if the request involves reason for the request. Date *Not required for easement vacates sidewalk vacates or Encroachment Agreements fad v Owner/Applicant/S"eller Date - /iv fly Plat Map of Proposed Building Line Vacate to 22 Building line to be vacated. 6 4 20 4-23 sci .rAsemz-Nr I0 6 City of Waterloo Planning, Programming and Zoning Commission February 4, 2014 E of 1360 Angus Drive Building Line Vacate Jared & Lori Honermann Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-232 RESOLUTION FIXING THE TIME AND PLACE OF HEARING AND NOTICE TO BE GIVEN ON THE VACATION OF THE 25 FOOT PLATTED BUILDING LINE OF LOT 22 OF GUERNSEY'S SECOND ORANGEVIEW PLAT LOCATED EAST OF 1360 ANGUS DRIVE, AS APRIL 14, 2014, AT 5:30 P.M. IN CITY HALL COUNCIL CHAMBERS, WATERLOO, IOWA, AND INSTRUCTING THE CITY CLERK TO PUBLISH THE NOTICE OF HEARING. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, AS FOLLOWS: Section 1. That the Council of the City of Waterloo, Iowa, shall meet at City Hall Council Chambers in the City of Waterloo, Iowa, at 5:30 p.m. on the 14th day of April, 2014, for the purpose of considering and acting upon a proposal to vacate the 50 foot platted building line of Lot 22 of Guernsey's Second Orangeview Plat located east of 1360 Angus Drive, for the purpose of constructing a new single-family home, and legally described as follows: The 50 foot building line as platted in Lot 22 of Guernsey's Second Orangeview Plat, City of Waterloo, Black Hawk County, Iowa. Section 2. That the City Clerk is hereby directed to publish notice of the time and place of said hearing in the Waterloo Courier. PASSED AND ADOPTED this 7th day of April, 2014. ATTEST: Suzy Sch. - , CMC City Clerk Er est G. lar MY Mayor Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-233 RESOLUTION FIXING THE TIME AND PLACE OF HEARING AND NOTICE TO BE GIVEN TO APPROVE CERTAIN ACTIONS WITH RESPECT TO THE VIRDEN CREEK DRAINAGE PROJECT, TO ESTABLISH THE AMOUNT OF JUST COMPENSATION FOR CERTAIN PROPERTY INTERESTS TO BE ACQUIRED FOR PROJECT PURPOSES, AND TO AUTHORIZE THE USE OF CONDEMNATION PROCEDURES FOR ACQUISITION OF SAID PROPERTY INTERESTS IN FURTHERANCE OF THE PROJECT OBJECTIVES, AS MAY 12, 2014, AT 5:30 P.M. IN THE LAW COURT THEATER IN THE WATERLOO CENTER FOR THE ARTS, WATERLOO, IOWA AND INSTRUCTING THE CITY CLERK TO PUBLISH THE NOTICE OF HEARING. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, AS FOLLOWS: Section 1. That the Council of the City of Waterloo, Iowa shall meet in the Law Court Theater in the Waterloo Center for the Arts in the City of Waterloo, Iowa at 5:30 p.m. on the 12th day of May, 2014, for the purpose of considering and acting upon approving certain actions with respect to the Virden Creek Drainage Project, to establish the amount of just compensation for certain property interests to be acquired for project purposes, and to authorize the use of condemnation procedures for acquisition of said property interests in furtherance of the project objectives. Section 2. That the City Clerk is hereby directed to publish notice of the time and place of said hearing in the Waterloo Courier. PASSED AND ADOPTED this 7th day of April, 2014. ATTEST: Suzy Shares, CMC City C erk 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 7, 2014 Prepared: April 2, 2014 Dept. Head Signature:-- # of Attachments: 5 SUBJECT: Request to set the date of public hearing as May 12, 2014 to approve certain actions with respect to the Virden Creek Drainage Project, to establish the amount of just compensation for certain property interests to be acquired for project purposes, and to authorize the use of condemnation procedures for acquisition of said property interests in furtherance of the project objectives. Submitted by: Noel Anderson, Community Planning & Development Director Recommended City Council Action: Approval Summary Statement: Transmitted herewith is a request to set the date of public hearing as May 12, 2014 to approve certain actions with respect to the Virden Creek Drainage Project, to establish the amount of just compensation for certain property interests to be acquired for project purposes, and to authorize the use of condemnation procedures for acquisition of said property interests in furtherance of the project objectives. It will be necessary for the City Council to adopt a resolution to do the following: ➢ Adopt a finding that there exists a reasonable expectation that the City will be able to achieve its public purposes through the project, to comply with applicable standards, and to obtain necessary permits. ➢ Establishing the amount of Just Compensation for each property interest included in the project. ➢ Authorize that offers be made to acquire necessary property interests and that efforts be made to negotiate acquisitions. ➢ Authorize the use of eminent domain procedures to acquire necessary property interests if negotiations are unsuccessful. ➢ Authorize the Community Planning and Development Department to incur such incidental costs, relocation costs, management costs, and other costs as may be reasonably necessary or required by law to complete the project. Attached to this letter is a fully drafted resolution to be used to reflect City Council action on the above-mentioned items. Within this resolution the amount of Just CITY WEBSITE: www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer III Compensation for fee title acquisition, along with permanent and temporary easement acquisition is laid out for each property owner. It is the goal of staff that this project not proceed to condemnation procedures, as extra expenses would be incurred by both the City and property owner. Staff will continue to make good faith efforts to negotiate with each property owner involved to avoid going to eminent domain procedures. Expenditure Required: None Source of Funds: N/A Policy Issue: Alternative: Background Information: Improvements to the Virden Creek would make land around Logan Plaza more suitable for new commercial development to occur. Legal Description: N/A ta:NA cc: Aric Schroeder, City Planner Eric Thorson, City Engineer Jim Walsh, Legal Chris Wendland, Legal -file-- RESOLUTIONS TO SET A DATE OF HEARING AND TO APPROVE CERTAIN ACTIONS WITH RESPECT TO THE VIRDEN CREEK DRAINAGE PROJECT, TO ESTABLISH THE AMOUNT OF JUST COMPENSATION FOR CERTAIN PROPERTY INTERESTS TO BE ACQUIRED FOR PROJECT PURPOSES, AND TO AUTHORIZE THE USE OF CONDEMNATION PROCEDURES FOR ACQUISITION OF SAID PROPERTY INTERESTS IN FURTHERANCE OF THE PROJECT OBJECTIVES. WHEREAS, the City of Waterloo desires to undertake a project for drainage way improvements to connect watersheds in the vicinity of Logan Avenue and north of Donald Street with the natural watercourse of Virden Creek (the "Project"); and WHEREAS, on April 4, 2014 the City Council of the City of Waterloo set a date of public hearing on the proposed Project for May 12, 2014, and written notice of said hearing has been mailed as required by law to interested persons, including but not limited to the owners and record contract purchasers of "agricultural land" as defined by Iowa Code § 6A.21, and has been published in the manner required by law; and WHEREAS, the public hearing has been held and the City Council of the City of Waterloo has heard the testimony and evidence submitted by City planning staff and by members of the general public, and the City Council desires to make a final selection of the Project route and design and to acquire the property interests necessary for the Project, whether fee title, permanent easements or temporary easements; and WHEREAS, the City Council of the City of Waterloo has discussed acquisition of and/or reviewed appraisals for certain properties in the Project area and determined that the appraisals, prepared by Rally Appraisal, LLC, and dated as of May 10, 2013, (the "Appraisals"), represent the fair market value of the property interests to be acquired, and the City of Waterloo desires to purchase the property interests necessary for the Project for the appraised value of same; and WHEREAS, in the event that good -faith efforts to negotiate the purchase of property interests is not successful, the City Council of the City of Waterloo desires to authorize the use of condemnation procedures under Iowa law to acquire the property interests by eminent domain. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the route and design of the Project as presented to the Council shall be and hereby are selected as the final Project route and design. BE IT FURTHER RESOLVED that the amount set forth opposite the name of each owner of land that includes property interests necessary for the Project is determined to be the just compensation, as determined by the Appraisals, for acquisition of all fee title and permanent easements in and upon such properties that are reasonably necessary for the Project: Owner of Record Richard and Helen Anderson Allen and Angie Alcorn per acre price $ 6,800.00 $ 9,979.00 BE IT FURTHER RESOLVED that the amount set forth opposite the name of each owner of land that includes property interests necessary for the Project is determined to be the just compensation, as determined by the Appraisals, for acquisition of all temporary easements in and upon such properties that are reasonably necessary for the Project: Richard and Helen Anderson $ 2,104.00 for 6.19 acres Allen and Angie Alcorn $ 391.00 for 1.15 acres BE IT FURTHER RESOLVED that the Community Planning and Development Department is authorized to incur such incidental costs, relocation costs, management costs, and other costs as may be reasonably necessary or required by law to assure payment of just compensation to the property owners and to assist in relocation and other expenses made necessary by the Project. BE IT FURTHER RESOLVED that the City Council finds that the Project will constitute a public use, public purpose, or public improvement as contemplated by Iowa Code § 6A.22 and that, accordingly, the use of eminent domain to acquire the property interests is appropriate and authorized by law. BE IT FURTHER RESOLVED that, if efforts to negotiate a purchase of the property interests are unsuccessful, use of procedures prescribed by Chapters 6A and 6B of the Code of Iowa for condemnation of private property for public projects is hereby approved for condemnation of the property interests, it being the reasonable expectation of the City Council of the City of Waterloo that the public purpose of condemnation in support of the Project will be achieved and that the City of Waterloo in carrying out the purposes and intents of the Project will be able to comply with all applicable standards and to obtain all necessary permits. BE IT FURTHER RESOLVED that the offices of Community Planning and Development and the City Attorney are hereby authorized and directed to make use of condemnation procedures, in combination with such additional negotiations with the owners of the ownership interest in the properties or their authorized representatives as may be advisable in the circumstances, to set a date for hearing and to acquire the property interests in furtherance of the objectives of the Project. PASSED AND ADOPTED this day of May, 2014. ATTEST: Suzy Schares, City Clerk Ernest G. Clark, Mayor 2 CERTIFICATE I, Suzy Schares, City Clerk of the City of Waterloo, Iowa, do hereby certify that the preceding is a true and complete copy of Resolution No. , as passed and adopted by the Council of the City of Waterloo, Iowa, on May , 2014. Witness my hand and seal of office this day of May, 2014. [SEAL] 3 Suzy Schares, City Clerk CITY OF WATERLOO Council Communication City Council Meeting: April 7, 2014 Prepared: Daniel J. Trelka Dept. Head Signature: # of Attachments: 0 SUBJECT: Byrne JAG Grant Application for SFY 2015 Submitted by: Daniel J. Trelka, Director of Safety Services Recommended City Council Action: Seeking approval to apply for SFY 2015 Byrne -JAG Grant funds that will be used to support the Tri -County Drug Enforcement Task Force. The application deadline is April 8, 2014. Summary Statement: The Governor's Office of Drug Control Policy has announced the deadline for application of funds under the Byrne -Justice Assistance Grant Program that provides financial assistance to support a broad range of activities to prevent and control crime and to improve the criminal justice system with an emphasis on violent crime, drug offenses and serious offenders. As in the past, funding from this grant will be used to provide salary and benefits for the members of the Tri -County Drug Enforcement Task Force. The requested dollar amount however will be determined by the State. It is also anticipated that there will continue to be a 75/25 match. Expenditure Required Source of Funds Policy Issue Alternative Background Information: Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-234 RESOLUTION APPROVING SUBMISSION OF GRANT APPLICATION WITH THE GOVERNOR'S OFFICE OF DRUG CONTROL POLICY AND DIRECTING EXECUTION OF SAID APPLICATION BY DIRECTOR OF SAFETY SERVICES. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the submission of a SFY 2015 Byrne -Justice Assistance Grant (JAG) application dated April 7, 2014, for funding salary and benefits for members of the Tri -County Drug Enforcement Task Force, by and between the Governor's Office of Drug Control Policy and the City of Waterloo, Iowa, be and the same is hereby approved, and the Director of Safety Services authorized to execute the same in behalf of the City of Waterloo, Iowa. PASSED AND ADOPTED this 7th day f April, 2014. ATTEST: uzy Sc res, CMC City Cle k Ernest G /7/14%/7Clark, Mayor CITY OF WATERLOO Council Communication City Council Meeting: March17, 2014 Prepared: March 11, 2014 // Dept. Head Signature: Daniel J. Trelka k'� # of Attachments: I SUBJECT: Addition of "6-1-4: CITY INFRACTION TICKET" to Chapter 1 of the City of Waterloo Traffic Code. Submitted by: Daniel J. Trelka, Director of Safety Services Recommended City Council Action: Approve passage of presented ordinance. Summary Statement: This process provides Waterloo police officers with an additional means to enforce specific traffic violations. Expenditure Required: Source of Funds: Policy Issue: Alternative: Background Information: 6-1-1: TR Cha ter RAFFie CODE FFIC CODE ADOPTED: Pursuant to Iowa Code section 380.10, the city hereby adopts the 2008 traffic code for the city of Waterloo, Iowa. Such code is composed of all city traffic ordinances presently in effect, the adopting ordinance and the deputy city clerk's certification of its adoption and passage. The traffic code shall be compiled in looseleaf format, and all traffic ordinances adopted after the effective date of Ordinance 3842 shall be in the form of an amendment or an addition to the traffic code. The city clerk shall be responsible for the compilation, organization and maintenance of the traffic code. The official copy of such code shall be kept on file in the city clerk's office, and additional copies shall be available in that office for public inspection and purchase. (Ord . 3523, 2-1-1988; amd. Ord. 3842, 1-27-1992) 6.1=2: PARKING METERS: The provisions of Ordinance 1720, adopted April 14, 1947, as amended, which ordinance is set out in the 1941 compilation of ordinances of the city of Waterloo at page P-4, and which ordinance governs the installation and use of parking meters on the streets of the city, is hereby expressly saved from repeal, and continued in full force and effect, as if set out at length in this code. (1970 Code, § 25-2) 6-1-3: MUNICIPAL PARKING G LOTS: The provisions of Ordinance 1871 , adopted May 22, 1951 , as amended, which ordinance is set out in the 1941 compilation of ordinances of the city of Waterloo at page P-29, and which ordinance governs the establishment and operation of municipal parking lots is hereby expressly saved from repeal, and continued in full force and effect, as if set out at length in this code. (1970 Code, § 25-2) 6-1-4: CITY INFRACTION TICKET A. Infraction Tickets: City police officers may issue a city infraction ticket to violators for specific, citable violations of the city traffic code referred to in section 6-1-1 . as set forth in subsection C of this section, in lieu of an Iowa Uniform Citation and Complaint, provided that none of the disqualifying criteria set forth in subsection 0 of this section are met. A city infraction will not be reported to the Iowa Department of Transportation (IOOT). B. Penalty: The penalty for a city infraction ticket is one hundred dollars ($100.00) for each citable violation. If the violator fails to pay the penalty within 15 calendar days of issuance of the ticket, or pays with a check not having sufficient funds, the city infraction ticket will be cancelled and the violator will be issued an Iowa Uniform Citation and Complaint for the same offense. C. Citable violations: 1. Red light violation, city traffic code section 105-1. 2. Speeding violations for 6-15 over, city traffic code section 150. 3. Following too closely, city traffic code section 173. 4. Stop sign violation, city traffic code section 221. 5. No seat belt, city traffic code section 491. 6. Failure to secure child, city traffic code section 492. 7. Fail to maintain control, city traffic code section 154. D. Disqualifying Criteria: A city infraction ticket shall not be issued under any of the following circumstances: 1. The violation arises in connection with a traffic accident in which a person has been injured. 2. The violator has no valid driver license. 3. The violator is operating while under the influence of alcohol or a controlled substance as defined by state law. 4. The violator has been convicted of, or pled guilty, no contest or the equivalent to, a traffic violation within the two years preceding the date of the violation being considered, as indicated by Iowa DOT or other state records. 5. The violator is unable to provide proof of insurance. 6. The violator is not a resident of Black Hawk County. CITY OF WATERLOO Council Communication City Council Meeting: April 7, 2014 Prepared: December April 3, 2014 Dept. Head Signature # of Attachments: SUBJECT: Title 9 Chapter 14 Housing Cooperative Conversion Submitted by: Craig Clark - Building Official/Administrator Recommended City Council Action: Recommendation of Approval Background Information: This ordinance will help align condos and cooperatives to be constructed using the same building code when they are converted. Apartments, condos and cooperatives will be required under the same building code and level of safety. ORDINANCE NO. AN ORDINANCE AMENDING THE 2007 CODE OF ORDINANCES OF THE CITY OF WATERLOO, IOWA, BY ADDING A NEW CHAPTER 14, HOUSING COOPERATIVE CONVERSION, OF TITLE 9, BUILDING REGULATIONS. BE IT ORDAINED by the City Council of the City of Waterloo, Iowa: That a new Chapter 14, Housing Cooperative Conversion, of Title 9, Building Regulations, is hereby enacted as follows: TITLE 9 CHAPTER 14 HOUSING COOPERATIVE CONVERSION 9-14-1: Conversion of Existing Structure to Housing Cooperative: When an entity that is formed as a housing cooperative under Iowa Code chapter 499A desires to acquire title to real property located in the city to establish a housing cooperative with respect to an existing building or structure on such property, the housing cooperative shall file a written statement of intent to acquire the real property with the city building official of the City of Waterloo at least sixty (60) days before the deed conveying the real property to the housing cooperative is recorded in the office of the Black Hawk County Recorder, to enable the city to establish that the existing building or structure meets the applicable building code requirements of the city, as described in this chapter. 9-14-2: Filing of AAs Built@ Plans: The housing cooperative shall submit to the city building official at the time of filing of the statement of intent a full and exact copy of "as built" plans of the existing structure in sufficient detail to allow the city building official to determine whether the existing structure meets the building code requirements of the city which are in effect as of the date of filing of the statement of intent, together with the applicable housing cooperative conversion fee, in such amount as shall be established from time to time by resolution of the city council. 9-14-3: Compliance with City Building Code Requirements: In order to satisfy the requirements of this chapter, the existing building or structure which is to be converted to a housing cooperative must meet all city building code requirements which are in effect as of the date of filing of the statement of intent with the city building official. 9-14-4: Inspection of Structure: Upon the filing of such a statement with the city building official, the city building official or designee shall promptly conduct all necessary site and building inspections to determine whether the existing structure meets all city building code requirements described in this chapter. 9-14-5: Issuance of Certificate of Compliance or Non -Compliance: Within sixty (60) days of the date of filing of such statement with the city building official, the city building official shall either: A. Issue to the housing cooperative a certificate of compliance of the existing structure, if the existing structure meets all city building code requirements described in this chapter; or B. Issue to the housing cooperative a certificate of non-compliance of the existing structure, stating with specificity wherein the existing structure does not meet the city building code requirements described in this chapter. 9-14-6: Failure to Comply with Conversion Requirements: Upon determining that a housing cooperative has filed, or has caused to be filed, a deed with the county recorder with respect to real property on which an existing building or structure is located, for purposes of converting such building or structure to a housing cooperative, without first having received from the building official a certificate of compliance as provided in this chapter, the building official shall issue a notice of non-compliance to the housing cooperative. The housing cooperative will have sixty (60) days from the date of issuance of said notice in which to comply with the requirements of this chapter. If a certificate of compliance is not secured within the 60 -day period, the building official shall record a notice of non-compliance in the office of the Black Hawk County Recorder. 9-14-7: Violation; Penalty: Any person who violates the requirements of this chapter shall be guilty of a municipal infraction, subject to prosecution and penalty in accordance with section 1-3-2 of this code. PASSED AND ADOPTED by the City Council this day of approved by the Mayor this day of , 2014. ATTEST: Suzy Schares, City Clerk 2 , 2014, and Ernest G. Clark, Mayor Mayor BUCK CLARK COUNCIL MEMBERS DAVID JONES Ward 1 CAROLYN COLE Ward 2 PATRICK MORRISSEY Ward 3 QUENTIN M. HART Ward 4 RON WELPER Ward 5 TOM LIND At -Large STEVE SCHMITT At -Large CITY OF WATERLOO, IOWA COMMUNITY DEVELOPMENT 620 Mulberry Street, Carnegie Annex • Waterloo, IA 50703 • (319) 291-4429 Fax (319) 291-4431 CITY OF WATERLOO Council Communication City Council Meeting: April 7, 2.9 Prepared: March 25, 2014 / l f Dept. Head Signature: # of Attachments: None SUBJECT: 179-D-NSP3-02-10-14, Demolition and Site Clearance Submitted by: Rudy D. Jones, Community Development Director Recommended City Council Action: Authorize Award and Execution of the Change Order to LEHMAN TRUCKING & EXCAVATING in the amount of $18,270.00, which brings the new contract price to $ 51,540.00. Summary Statement: Staff would like to add structures that are in need of demolition to an open contract. Property addresses are: 1005 Lafayette Street and 533 Cottage Street Expenditure Required: Not to exceed the negotiated price of $18,270.00. Source of Funds: NSP and CDBG Funds Policy Issue: Housing and elimination of slum and blight. Alternative: None Background Information: This will abate the structures that are deteriorated and allow for potential new construction at the 1005 Lafayette Street site. RDJ:an J:\ANN-N\DEMO\Demo Contracts \179-D-NSP3-2-10-14\Council Communication change order award and execution.doc EQUAL HOUSING OPPORTUNITY 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 7, 2014 Prepared: March 31, 2014 Dept. Head Signature: Eric Thorson, PE., City Engineer # of Attachments: SUBJECT: F.Y. 2014 SIDEWALK REPAIR PROGRAM - ZONE 4 AND TRAIL REPAIRS CONTRACT NO. 863 Submitted by: Wayne Castle, PLS, El, Associate Engineer Recommended City Council Action: It is recommended that Council approve these documents, set April 21, 2014, as the date for the public hearing and bid opening and instruct the City Clerk to publish said notices. Summary Statement Transmitted herewith are the Plans and Specifications for the F.Y. 2014 SIDEWALK REPAIR PROGRAM — ZONE 4 AND TRAIL REPAIRS, Contract No. 863, as prepared by the City Engineer's Office. Expenditure Required To Be Determined Source of Funds G.O. Bonds Policy Issue N/A Alternative None Background Information: Cc: Rudy Jones, Community Development Director Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-235 RESOLUTION PRELIMINARILY APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, ESTIMATE OF COST, ETC., IN CONJUNCTION WITH THE F.Y. 2014 SIDEWALK REPAIR PROGRAM - ZONE 4 AND TRAIL REPAIRS, CONTRACT NO. 863. WHEREAS, the City Council of the City of Waterloo, Iowa, heretofore instructed the City Engineer of said City to prepare proposed plans, specifications, form of contract, estimate of cost, etc., in conjunction with the F.Y. 2014 Sidewalk Repair Program - Zone 4 and Trail Repairs, Contract No. 863, in the City of Waterloo, Iowa, and WHEREAS, said City Engineer did file said plans, specifications, form of contract, estimate of cost, etc., in conjunction with the F.Y. 2014 Sidewalk Repair Program - Zone 4 and Trail Repairs, Contract No. 863. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that said proposed plans, specifications, form of contract, estimate of cost, etc., in conjunction with the F.Y. 2014 Sidewalk Repair Program - Zone 4 and Trail Repairs, Contract No. 863, in the City of Waterloo, Iowa, be, and the same are hereby, preliminarily approved as filed. PASSED AND ADOPTED this 7th day of April, 2014. est G. Clark, Mayor ATTEST: Suzy Schazjes, CMC City Clerk Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-236 RESOLUTION FIXING THE TIME AND PLACE OF HEARING ON PROPOSED PLANS, SPECIFICATIONS, FORM OF CONTRACT, ETC., IN CONJUNCTION WITH THE F.Y. 2014 SIDEWALK REPAIR PROGRAM - ZONE 4 AND TRAIL REPAIRS, CONTRACT NO. 863, IN THE CITY OF WATERLOO AS APRIL 21, 2014, AT 5:30 P.M. AT CITY HALL COUNCIL CHAMBERS, WITH THE TAKING OF BIDS THEREFORE, AND INSTRUCTING THE CITY CLERK TO PUBLISH THE NOTICE OF HEARING. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, AS FOLLOWS: Section 1. That the Council of the City of Waterloo, Iowa, shall meet at the City Hall Council Chambers in the City of Waterloo, Iowa, at 5:30 p.m. on the 21st day of April, 2014, for the purpose of holding a public hearing on proposed plans, specifications, form of contract, etc., in conjunction with the F.Y. 2014 Sidewalk Repair Program - Zone 4 and Trail Repairs, Contract No. 863, in the City of Waterloo, with the taking of bids therefore. Section 2. That the City Clerk is hereby directed to publish notice of the time and place of said hearing in the Waterloo Courier. PASSED AND ADOPTED this 7th dayf April, 2014. E'`nest G. Clark, Mayor ATTEST: uzy Sch.res, CMC City Cler mayor BUCK CLARK COUNCIL MEMBERS DAVID JONES ;lard CAROLYiN COLE ;,..=f -d PATRICK MORRISSEY intir;!_ Q TENIN RON Ward TOM I D i—Larsr!e S :TE VT: S;CI IMITT CITE'` OF WATERLOO, -, `t.. WASTE MAN AGEMENT SERVICES 3505 EASTON AVE. WATERLOO: iA 50702 (319) 2 _4553 FAX (313291-4523 -- LSO: v, `J'' R's LARRY N. SMITH SUPERINTENDENT Council Communication City Council Meeting: 4/7/14 Prepared: 4/2/14 Dept. Head Signature: .3*(14:;‘,.) # of Attachments: SUBJECT: Change order #2 for Contract 849, No Name Creek Interceptor Sewer Submitted by: Brian Rath Recommended City Council Action: Bedrock was found to extend into the bottom of the proposed trench west of Sanitary Manhole #3. This change order covers the additional cost of the rock excavation to allow for the sanitary sewer pipe installation. Change order is for a $60,000 increase. Summary Statement: Change order #2 of $60,000 still keeps cost under next lowest bid of $1,300,000.00 Expenditure Required: Source of Funds: Sewer Bond Policy Issue: Alternative: Background Information: WE'RE WORKING FOR iTOU An Equal Oa; ortunity:Afrm ati e Action Employer Letter of Transmittal TO: Mr. Larry Smith Water Pollution Control Facility 3505 Easton Avenue Waterloo, Iowa 50702 WE ARE SENDING YOU: ❑x Attached ❑ Shop Drawings ❑ Copy of Letter ❑ Prints ❑ Change Order AZCOM DATE: March 27, 2014 JOB ID NO. 60312465 ATTENTION: RE: No Name Creek Interceptor Sewer City Contract No. 849 ❑ Under Separate Cover Via ❑ Plans ❑ Samples the Following Items: ❑ Specifications Copies 3 Date No. Description Change Order No. 2 for Above -Referenced Project THESE ARE TRANSMITTED AS CHECKED BELOW: ❑ For Approval ❑x For Your Use ❑ As Requested ❑ For Review and Comment ❑ For Bids Due 20 ❑ Approved as Submitted ❑ Approved as Noted ❑ Returned for Corrections ❑X For Signature ❑ Resubmit Copies for Approval ❑ Submit Copies for Distribution ❑ Return Corrected Prints ❑ Prints Returned After Loan to Us REMARKS: Larry -- The attached Change Order No. 2 is for your use in preparing documents needed to submit to Council for approval. Please sign all three (3) copies of this Change Order, keep one (1) for your files and return two (2) to our office for further processing. If you have any questions, please let us know. COPY TO: Todd Allyn, PE (w/enclosure) SIGNED: blc 31,) Robert E. Bam, P.E. If enclosures are not as noted, kindly notify us at once. 501 Sycamore Street, Suite 222 • P.O. Box 1497 • Waterloo, Iowa 50704-1497 • (319) 232-6531 • Fax: (319) 232-0271 CHANGE ORDER NO. 2 Owner City of Waterloo Date: March 26, 2014 Project No Name Creek Interceptor Sewer Owner's Contract No. 849 Contractor: J&K Contracting Date of Contact Start January 15, 2014 Contract Amount: $ 869,679.00 You are directed to make the following changes in the Contract Documents. Description: 2-1 Rock Excavation (243.9 CY @ $246.00/CY) TOTAL ADDITIONS $ 60,000.00 $ 60,000.00 Reason for Change Order 2-1 Bedrock was found to extend into the bottom of the proposed trench west of Sanitary Manhole No. 3. This change order covers the additional cost of the rock excavation to allow for the sanitary sewer pipe installation. CONTRACT PRICE Original: Previous C.O.s (ADD/DEDUCT) This C.O. (ADD/DEDUCT) Contract Price with all approved Change Orders: $ 869,679.00 Original Completion Date: $ 120,000.00 $ 60,000.00 Revised Completion Date: $ 1,049,679.00 CONTRACT TIME To Substantial To Final Completion Completion 4/15/2014 4/23/2014 It is agreed by the Contractor that this Change Order includes any and all costs associated with or resulting from the change(s) ordered herein, including all impact, delays, and acceleration costs. Other than the dollar amount and time allowance listed above, there shall be no further time or dollar compensation as a result of this Change Order. THIS DOCUMENT SHALL BECOME AN AMENDMENT TO THE CONTRACT AND ALL STIPULATIONS AND CONVENANTS OF THE CONTRACT SHALL APPLY HERETO. APPROVED: BY: Owner (Authorized Signature) ACCEPTED: BY: Contracto (A or ed ACCEPT BY: A Date Date iz 1-24q 3/2 1 , Date AECOM 603124651 2 Project No. C.O. No. Waterloo Cultural and Arts Commission Board Meeting Hurwich Room February 19, 2014 4:00 pm In Attendance: David Deeds, Marilyn DeKoster, Chaveevah Banks Ferguson, Scott Cawelti, Crystal Buzza, Goli Buchanan, Robert Bembridge, Matt Rolinger, Marisa VanDorn, Dianne Phelps Staff: Kent Shankle, Paulette Hawkenson, Elizabeth Andrews, JoLyn Lennox President, David Deeds called the meeting to order at 4:02 pm. A motion to approve the amended minutes from January 15, 2014 meeting was presented by Crystal Buzza and seconded by Scott Cawelti. The motion was approved. Finance Report/ Hawkenson • Our budge remains in good shape, even though utility expenses have been high due to the extremely cold weather. • A Grant from the Hotel/Motel Fund was received to supported our Advertising Budget. A motion to accept the financial report was entered by Marilyn DeKoster and seconded by Scott Cawelti. The motion was aapproved. President's Report -Executive Committee/ Deeds • WCA will soon begin the hiring process for a Graphic Arts Designer and a Preparator/Technician. Currently there are 43 applicants for the Graphic Designer and 11 applicants for the Preparator's position. Public Art / Shankle • The Great BICYCLE ReCYCLE opened on the 7th of February in the Phelps Youth Pavilion. There are three sculptures in the exhibit. One is a cube of 39 compressed bikes that weighs approximately 200 pounds. The other two sculptures are unique; one will be suspended from the ceiling and is a "chain" of interconnected bikes. • Consideration is being given to scheduling Public Art meetings every other month. • Chawne Paige is working on creating an inventory of past projects. The purpose of the inventory will be to track maintenance and refurbishing issues and for reference for future planning. Development/Marketing • The World's Greatest Spring Break for Kids will be March 17 — March 21. A special Youth Pavilion Membership maybe offered at a discount during Spring Break week. • There will be 7 RiverLoop Rhythm events held this summer at the Amphitheatre. • August 9 will be the first Sweet Corn Festival at the Expo Plaza, this will be a joint venture with the RiverLoop Market. It will include the WCA's Summer Arts Festival and the Chalk the Block events. Collections/Exhibitions • Elizabeth Andrews the WCA's Registrar was introduced to the Commission. • Future exhibits that were approved are works by Pascale Monnin, sculpture by Dan Perry and Roger Bartlett portraits. • Eleven gifts were approved and accepted by the Collections committee on February 7, 2014. Gift Store/Visitor Services • Sales from January 1, 2014 — February 18, 2014 were $ 700.00 • A new children's book by Shelly Penn from Parkersburg, will be offered in the Gift Store. Consideration is being given for a book signing during Spring Break week. • PYP visitors from January 1— February 18, 2014 were 1,415. (This total includes 5 tours with 145 attending and 3 birthday parties with a total of 71 attending.) • FunSpace attendance from January 3 — February 16 was 258. • 9 memberships were purchased from January 1— February 18 Friends of the Art Center • Come As You Art will not be held this year as new events and fundraisers will replace it. • PARTY with Friends will be a new series of events this year. Beginning in April there will be one event held each month to include Garden Parties, Dinners, Wine Tastings and etc. The first venue maybe a Downton Abbey themed tea party at the new ArtHouse Cafe in April. Director's Report / Shankle • WCA was awarded a $ 41,000 grant from the Hotel/Motel Funds. This was awarded due to the large number of people that attend room rental events. • Fiesta De Mayo will be held at the Expo Plaza on May 3rd. • The new Education Director, Angi Reid will be starting March 3rd. Our next schedule of classes will begin in late May so she will be able to plan those classes. • The ArtHouse Cafe will be opening on March 1st. Their "Grand Opening" — TBA, will be scheduled sometime after Spring Break week (March 17 — 21). They will feature Laughing Tree Tea and Coffee as well as lunches. Their menu will feature children's items and homemade cookies, pastries and scones. Also they will be offering catering services. • Waterloo City Council meetings will be held here in Law Court Theatre while renovations are being done at City Hall. Christina Wood's appointment will be approved at the February 24th meeting. • The Haitian Art Conference was successful. • WCA staff will meet tonight with the City Budget Review board. NEXT MEETING will be held on March 19, 2014 at 4:00 pm. The meeting was adjourned at 4:58 pm. Respectfully submitted, JoLyn Lennox, Secretary 270 At the regular meeting of the Board of Waterloo VVater VVorks Trustees, held Wednesday, March 19, 2014, there were present Terry M. Kuntz, Chairman, and Mary H. Potter, Trustee. Also in attendance: Ron Welper, Waterloo City Council Member; Rick Wilberding, Distribution Department Manager; and Dennis Clark, General Manager and Secretary. Scott Wienands, Trustee, was absent. as read. Terry Kuntz called the meeting to order at 8:00 a.m. The Board approved to adopt the agenda. The minutes of the regular meeting of February 19, 2014, were approved Upon motion, passed, the following Bills Resolution was adopted. BE IT RESOLVED BY THE BOARD OF WATER WORKS TRUSTEES OF THE CITY OF WATERLOO, IOWA: That the bills listed below for which warrants against the funds designated, have been issued in payment, are found to be correct, and the acts of the Secretary in issuing and delivering said warrants are hereby ratified and approved. FEBRUARY 28, 2014 GENERAL FUND 50438 Cedar Valley United Way Authorized payroll deduction for 116.50 United Way 50439 ING Life Insurance Authorized payroll deduction for 3,563.00 deferred compensation 50440 Lincoln Financial Group Authorized payroll deduction for 40.00 deferred compensation 50441 Public Employees Credit Authorized payroll deduction for 4,547.50 Union credit union 50442 Postmaster Postage 68.02 50443 Charles Schwab Institutional Authorized payroll deduction for 2,395.99 employee pension contribution 50444 Waterloo Water Works Reimbursed petty cash for postage 99.65 and copies EFT Treasurer, State of Iowa State withholding tax 8,286.00 EFT US Department of Treasurer Federal withholding tax 20,377.91 50445 Advanced Systems, Inc. Maintenance contract for copying 173.53 machine 50446 Airgas USA, LLC Ice melt 593.73 50447 Sam Annis & Company Propane 33.30 50448 Assurant Employee Benefits Dental and disability insurance 7,041.39 50449 Bergen Plumbing, Heating Repaired main break on Lyon Avenue 1,345.00 & Cooling 50450 Black Hawk County Map of Highway 63 downtown area 30.50 Treasurer, MIS 50451 Black Hawk Waste Disposal Waste disposal 94.00 50452 Campbell Supply Flange for hand grinder and cloth rags 63.16 50453 Martin Realtors Overpayment on account 77.97 50454 Matt Winkelman Overpayment on final bill 99.53 50455 Cooley & Cooley Real Estate Overpayment on final bill 83.40 50456 A. L. McNeal M. D. & U. D. refund 8.65 50457 Justin Mullen ,.5.28 50458 Erin & Robert Buchanan 9.78 50459 Preston A. Taylor 5.28 50460 Matthew J. Lavenz " " 35.82 50461 Brooke Russell 39.09 50462 Daryn Fischels 5.28 50463 Zachary Smith 23.99 50464 Fernando Calderon 48.60 50465 Tareyha Puckett 39.10 50466 Mitchell Splinter 50467 Leonardo Cardenas 50468 Raymond Ware 50469 Iowa Public Employees Retirement System 50470 Office Concepts, Ltd. 50471 Radio Communications 50472 Schimberg Co. 50473 Charles Schwab Institutional 50474 Sensus Metering Systems 50475 Thompson Truck & Trailer 50476 Van Wert, Inc. EFT State of Iowa Treasurer 50477 ABM Janitorial 50478 Acco Unlimited Corp. 50479 Al Gordon Plumbing & Heating 50480 Allen Memorial Hospital 50481 Aramark Uniform Services 50482 Aspro, Inc. 50483 BMC Aggregates, L.C. 50484 Campbell Supply 50485 Farnsworth Electronics, Inc. 50486 Barbara Saffold 50487 Auto Pros 50488 Michelle Dean 50489 St. Vincent DePaul 50490 Ben Odell 50491 Elise A. Rogaczewski 50492 Flowerama 50493 Frickson Bros. Excavating 50494 IWI Motor Parts 50495 Steve Kerns 50496 Kwik Trip, Inc. 50497 Travis Larson 50498 Menards 50499 Murphy Tractor & Equipment 50500 Napa Auto Parts MPEC 50501 P & K Midwest M. D. & U. D. refund IPERS for 15 employees 271 38.29 24.60 24.60 11, 522.67 Envelopes 1,329.70 Monthly access fee and pager rental 154.00 Fittings 3,100.00 Employer contribution to employee 42,475.00 pension fund Meters, meter parts and plugs 11,648.18 Installed new block heater on unit #33 411.57 5,340.30 50502 Matt Parrott/Story Kenworthy 50503 Sensus Metering Systems 50504 UnityPoint Clinic - Occupational 50505 U.S. Cellular 50506 Utility Equipment Co. 50507 Courier Communications 50508 Rick Wilberding 50509 Waterloo Water Works 50510 Tori Wise 50511 ING Life Insurance Meter reading Sales tax 12,158.54 Janitorial services 1,041.50 Chlorine 5,313.94 Repaired water service line leak at 2,400.00 1224 Beech Drug testing 78.00 Towel service 203.88 Cold mix 3,082.24 Fill sand and roadstone 3,547.32 Brushes for electric drills, file bars to 166.14 clean rust off water mains and serrated jaws for vises on units #12 and #18 Clips for locator box and cord repair 35.50 M. D. & U. D. refund 105.00 M. D. refund 30.00 M. D. & U. D. refund and overpayment 173.57 on final bill M. D. & U. D. refund If ❑ f{ N (l Sympathy flowers Repaired water main break on Sager Avenue Oil filters for units #12 and #18 Reimbursement for cell phone Fuel for vehicles Reimbursement for cell phone Step ladder, shovels, drain spade, screwdriver set, knife set, kitchen and restroom supplies, pry bars, hammer and auto fuse blade New thermostat for unit #20 Welding rods, scraper and trailer connector Cap and o -ring for John Deere power washer and tire chain for John Deere rider Stocking caps with embroidery Meters and repaired handheld unit Drug testing Monthly fee for GPS hot spot for two months Fittings and valve box lids Legal ads Reimbursement for cell phone Reimbursed petty cash for postage Reimbursement for kerosene and garden hoses Authorized payroll deduction for deferred compensation 9.22 3.19 5.27 49.99 1,100.00 9.32 50.00 5,728.26 50.00 293.62 58.78 31.12 99.46 109.20 10,630.00 111.00 83.27 4,126.72 138.32 50.00 68.39 302.92 3,563.00 272 50512 Lincoln Financial Group 50513 Public Employees Credit Union 50514 Charles Schwab Institutional 50515 Teamsters Local Union #238 EFT State of Iowa Treasurer 50516 Airgas USA, LLC 50517 Black Hawk County Auditor 50518 Black Hawk County Treasurer, MIS 50519 Black Hawk Electrical Co. 50520 Black & Veatch Corp. 50521 Campbell Supply 50522 The CBE Group, Inc. 50523 City of Raymond 50524 City of Waterloo 50525 Fastenal 50526 Mandl Beam 50527 Alexis Crawley 50528 Casey K. Lamparek 50529 Keith Stradt, Jr. 50530 James L. Ware 50531 Brooke Little 50532 Mandy & Joel Hoppe 50533 Gierke -Robinson Co. 50534 Hach Company 50535 Hogan & Hansen 50536 Iowa One Call 50537 Keystone Laboratories, Inc. 50538 Menards 50539 Joe Moody 50540 Municipal Supply, Inc. 50541 Murphy Tractor & Equipment 50542 Matt Parrott/Storey Kenworthy 50543 Postmaster 50544 Sensus Metering Systems 50545 Service Signing, L.C. 50546 Storey Kenworthy 50547 TestAmerica Laboratories 50548 Utility Equipment Co. 50549 Wellmark Blue Cross Blue Shield 50550 Westrum Leak Detection 50551 Rick Wilberding Authorized payroll deduction for deferred compensation Authorized payroll deduction for credit union Authorized payroll deduction for employee pension contribution Authorized payroll deduction for union dues Sales tax Ice melt Water and sewer bond fees Data processing for January 40.00 4,547.50 2,395.99 919.00 16,000.00 659.70 10, 046.34 7,097.61 Re-lamped fixtures, installed new cable 521.46 to customer service desk and extended existing cable to desks and plotter Engineering for GIS/CMMS 2,448.00 Hydraulic couplers for unit #21 293.40 and striker for lighting torch Collection fee 128.37 Sewer, garbage and yard waste fees 18,373.15 Sewer, garbage and storm water 1,146,005.69 Screws for touch pad installations 34.50 M. D. & U. D. refund 60.08 23.72 5.28 M. D. & U. D. refund and overpayment 108.56 on final bill M. D. & U. D. refund (( Parts to repair jackhammer on unit #17 and safety glasses Water sampling supplies 1,678.45 Payroll and consulting services 1,999.20 One Call service 201.60 Water sampling 1,061.00 Plumbing supplies, kitchen and 433.22 restroom supplies, cartridge filter, first aid kit, safety glasses, garbage bags and batteries Reimbursement for uniform cost 13.50 Meter gaskets 409.00 Bulbs, latch, screw and lens for 155.60 unit #20 Business cards and uniform embroidery 89.40 6.78 24.60 24.60 109.26 Postage 850.00 Annual software support, new 2,136.52 touchreader, and seals and plates for meters Traffic control at W. Donald and Ashland 150.00 Calculator rolls, small office supplies, 319.73 hand soap, copying machine paper and ear buds Water sampling 120.00 Repair clamps 387.97 Medical insurance 37,207.30 Water main leak detection at E. 10th and Lafayette Reimbursement for easel, markers and flipchart for CIS meetings 537.50 '122.98 273 50552 Waterloo Water Works Reimbursement for city service 11,795.00 fees and reimbursed petty cash for postage and copies EFT US Department of Treasurer Federal withholding tax 20,609.71 50553 Assurant Employee Benefits Dental and disability insurance 6,883.86 50554 BMC Aggregates, L.C. Fill sand and roadstone 649.50 50555 Campbell Supply Auger bits, pliers, cloth rags and 190.97 propane 50556 CenturyLink Service 203.26 50557 Dex Media East, Inc. Advertisement in phone book 30.00 50558 Electronic Engineering Monthly vehicle tracking service 329.45 50559 Myneisha Washington M. D. & U. D. refund 72.42 50560 Gabriella Troiano it it if it 72.42 50561 Taw Nyo M. D. & U. D. refund and 138.33 overpayment on final bill 50562 Michelle Martin M. D. & U. D. refund 6.78 50563 Josh & Tiffany Krueger if " " 6.78 50564 Michael A. Holkan 3.19 50565 Alexis Crawley Overpayment on final bill 13.03 50566 T and M Beauty Supply " " 87.05 50567 Sommerfelt Family Housing `, 26.47 50568 Raymond Barbee M. D. & U. D. refund 37.13 50569 Frickson Bros. Excavating Assisted with water main break on 1,100.00 E. Mitchell 50570 Harris Cleaning Services Equipment rental due to frozen line 275.00 issues on Kothe Avenue 50571 IWI Motor Parts Wiper blades 57.60 50572 Johnstone Supply Plumbers putty 12.15 50673 Menards Wood handle for pick 21.94 50674 Municipal Supply, Inc. Meter plates, wire for meter installations 874.25 and rubber gaskets 50675 Nutri-Ject Systems, Inc. Calibrated gas monitor 80.00 50676 Outdoor & More Fuel filters for small engines on 26.44 units #12 and #18 50677 Postmaster Postage 4,000.00 50678 R Company, Inc. Repaired water main on Gable 2,600.00 Street and terminated water leak at 71 Franklin Street 50679 Rochester Armored Car Co. Armored car service 241.80 50680 Scot's Supply Small fittings 11.47 50681 Kenneth Shumaker Reimbursement for garden hoses 641.36 50682 Stanley Steemer Carpet cleaning at 1846 Hawthorne 3,214.50 and assisted with frozen services on John Street 50683 Storey Kenworthy Office chair mat 91.08 50684 United Rentals, Inc. Safety tee shirts 68.00 50685 Utility Equipment Co. Sonoscope water phones and drill 675.13 bits for electric hammer drills Payroll 90,424.27 $1,583,743.44 274 The General Manager presented the Monthly Financial Report as of February 28, 2014 as follows: February 1, 2014 Balance $5,079,554.51 Receipts 501,092.46 Disbursements 396,566.20 February 28, 2014 Balance $5,184,080.77 Debt Reserve Fund 330,000.00 Restricted Bond Fund 0.00 Bond Debt Sinking Fund 67,440.00 Repairs & Rehabilitation Fund 318,950.77 General Fund Balance 4,467,690.00 $5,184,080.77 It was moved, seconded and approved to receive and place on file the Monthly Financial Report as presented. The General Manager presented the Revenue and Expense Summary as of February 28, 2014 as follows: Operating Revenue Operating Expense Non -Operating Revenue Non -Operating Expense 2013 2014 $1,186,251.60 $1,319,839.05 793,103.74 848, 559.44 $ 393,147.86 $ 471,279.61 20,743.50 30,340.89 0.00 0.00 Capital Expense 39,561.17 43,429.95 $ 374, 330.19 $ 458,190.55 It was moved, seconded and approved to receive and place on file the Revenue and Expense Summary. The General Manager presented the following resolution for adoption and transmittal to the Waterloo Mayor and City Council for assessment of the charges to the property taxes for service line repair at 522 Beech Street. RESOLUTION WHEREAS, the General Manager, Dennis D. Clark, presented a statement of $4,785.00, which is supported by invoice from Black Hawk Plumbing Co., showing the work necessary to repair the service line in regards to the following: WHEREAS, the owner was notified by the Waterloo Water Works to make the repairs to the service line at 522 Beech Street, which is located on Lot No. One (1) in "Shilliam's 2nd Subdivision", in Waterloo, Iowa, and the West One-half (1N 1/2) of Lot No. Two (2), Black Hawk County, and owned by James L. Esters (deceased) and Patrick Esters. WHEREAS, the property owner notified the Waterloo Water Works that the owner desired to have the cost of water service line repair assessed to the property taxes. After conversation with the owner, the owner voluntarily signed a waiver of any further notice that may be required to have the Waterloo Water VVorks cause the work to be done and related costs assessed to the property. NOW, THEREFORE BE IT RESOLVED, by the Board of Trustees of the Waterloo Water Works, that the General Manager shall certify this statement to the City Clerk and that the Clerk in turn shall give notice and an assessment made and certified as provided in Title 8 Public Utilities, Chapter 2, Section 8-2-1, in the Code of Ordinances, City of Waterloo, Iowa. It was moved by Kuntz, seconded by Potter, to adopt the resolution and instruct the General Manager to certify this resolution to the City Clerk. On Vote: Ayes: Kuntz, Potter. Nays: None. Absent: Wienands. Resolution adopted. 275 At their February 2014 regular meeting, the Board approved the taking of bids for the 2014 Street Reconstruction Program — Division II Water Main Replacement and Connection Project, and to set the date of Public Hearing for the Water Works portion of the project as the March 19, 2014 Board of Trustees meeting. The following documents were reviewed by the Board: ■ Proof of Publication of Notice of Public Hearing • Plan cover sheets with water main quantities • Engineer's Estimate It was moved by Kuntz, seconded by Potter and approved to receive and place on file Proof of Publication of Notice of Public Hearing for the 2014 Street Reconstruction Program — Division II Water Main Replacement Project. Chairman Kuntz announced that it was time for the public hearing for the 2014 Street Reconstruction Program — Division II Water Main Replacement Project. There being no written comments on file and no oral comments, it was moved by Potter, seconded by Kuntz and approved to close the public hearing. It was moved by Potter, seconded by Kuntz and approved to confirm approval of bid documents, plans, specifications, etc. It was moved by Potter, seconded by Kuntz and approved to proceed with the project. It was moved by Potter, seconded by Kuntz and approved to receive and place on file the bids as they will tentatively be opened and read aloud at an upcoming meeting of the Waterloo City Council Meeting. It was moved by Potter, seconded by Kuntz and approved to preliminarily approve the City of Waterloo's award of the contract for 2014 Street Reconstruction Program — Division II Water Main Replacement Project and to authorize the General Manager to execute the appropriate contract documents, if the bids are 125 percent or less of the Estimated Cost amount of $101,429.00. At their February 2014 regular meeting, the Board approved the taking of bids for the 2014 Water Main Preparations Program Project; and to set the date of Public Hearing for the Water Works portion of the project as the March 19, 2014 Board of Trustees meeting. Bids from contractors were scheduled to be received, opened and read aloud at 10:00 a.m. on March 13, 2014. No bids were received. The following documents were reviewed by the Board: Proof of Publication of Notice of Public Hearing and Advertisement for Bids • Plan cover sheet with quantities ▪ Engineer's Estimate It was moved by Kuntz, seconded by Potter, and approved to receive and place on file Proof of Publication of Notice of Public Hearing for the 2014 Water Main Preparations Program Project. Chairman Kuntz announced that it was time for the public hearing for the 2014 Water Main Preparations Program Project. There being no written comments on file and no oral comments, it was moved by Potter, seconded by Kuntz and approved to close the public hearing. It was moved by Potter, seconded by Kuntz and approved to confirm approval of bid documents, plans, specifications, etc. It was moved by Potter, seconded by Kuntz and approved to proceed with the project. 276 The General Manager reported that it would be beneficial to the Water Works to have this project completed prior to the asphalt overlay work. Discussions with contractors indicated that there was not a particular problem with the project, but rather simply busy schedules. The project could be rebid and awarded, constructed partially by the Water Works with contractor assistance, or abandoned. It was moved by Potter, seconded by Kuntz and approved to instruct the General Manager to re -publish notice of plans, specifications and taking of bids. It was moved by Potter, seconded by Kuntz and approved to authorize award of the contract for 2014 Water Main Preparations Project and to authorize the General Manager to execute the appropriate contract documents, if the bids are 125 percent or less of the Estimated Cost amount of $74,060.00. It was moved by Potter, seconded by Kuntz and approved to authorize the General Manager to proceed with the project, with construction by both the Waterloo Water Works and by negotiated contractor services, if no bids are received at the second taking of bids As discussed earlier in today's meeting, the design of the 2014 Street Reconstruction Program with the Division II Water Main Replacement Project has been completed, with a tentative bid date of April 14, 2014. The project is being let in conjunction with the City of Waterloo's 2014 Street Reconstruction Project. It will be in the best interest of the Waterloo Water Works and the City of Waterloo to contract the work as a joint project, saving cost and time in coordination, scheduling, logistics and contract administration. The contracting authority for the joint street reconstruction and water main replacement project will be the City of Waterloo. The City will enter into a contract with the construction contractor for both phases of the project, including the replacement of Waterloo Water Works water main. It is appropriate to have a written agreement stating that both parties wish to participate in this venture and that the Waterloo Water Works will reimburse the City of Waterloo for costs associated with the main extension work. The Board reviewed an agreement between the City of Waterloo and the Waterloo Water Works. The agreement covers the reasons for the agreement as well as the financing, area covered and duration of the agreement. It is recommended to approve said agreement and authorize its execution by the Board Chairman and General Manager. It was moved by Potter, seconded by Kuntz and approved to adopt said agreement and authorize its execution by the Board Chairman and General Manager. At their June 2013 meeting, the Board adopted a resolution authorizing the request of proposals from consultants to assist the Water Works in the analysis, purchase and implementation of a CIS system. Business consulting proposals for the project were requested from EMA Inc., of St. Paul, MN. A proposal was received late on October 17, 2013. A conference call was held with EMA on October 18, 2013. At their October 2013 meeting, the Board adopted a resolution approving the Consulting Services Agreement with EMA Inc., to assist the Water Works in the analysis, purchase and implementation of a CIS system. Further review of the complexity and scope of the project determined that the overall project cost will be considerably greater than originally estimated. The 2014 Capital and Extraordinary Items schedule includes the sum of $610,000 for CIS software vendor and other expenses plus $335,000 for business consultant expenses for the CIS project. EMA was on-site last month, to hold interviews and discussions to complete Task Al: Develop Requirements. Topics included identifying current business practices, tabulating desired and required capabilities of the new system, and reviewing technical requirements for the system computer infrastructure. These were the first meetings held with the entire Customer Information System Team and EMA, including representatives from the City of Waterloo and from Black Hawk County. A copy of the Task Al meeting schedule was reviewed. 277 EMA will be back on site the last week of March to further develop the project requirements and to prepare the request for proposals (RFP) for prospective software vendors. A copy of the Meter -to -Cash Cycle graphic was also reviewed, showing the numerous steps to consider and incorporate into a functioning completed CIS project. A Master Schedule for the Customer Information System Project was presented and discussed. Key project milestones include RFPs to vendors by May 6, 2014 with RFPs scheduled to be returned to the Water Works in one month. Evaluation of proposals, vendor demonstrations, contract negotiations and vendor mobilization are scheduled to be completed by October 20, 2014. Development and implementation of the CIS will then commence with the initial Go -Live on June 29, 2015 and project completion by September 21, 2015. It was moved by Potter, seconded by Kuntz and approved to receive and place on file the current Customer Information System Project progress schedule. In April 2011, the Water Works Board of Trustees awarded a three-year, 2011-2012-2013, contract for mowing, trimming and trash removal at the seven well and tower sites. The sites vary in size from 1 to 28.5 acres, covering 42.6 acres in total. The most recent three-year contract was awarded to B & B Lawn Care, Inc., for a total price per mowing of $840 for all areas. The average annual cost of the contract over the last three years was $13,855. It was moved by Potter, seconded by Kuntz and approved to authorize for the advertisement of bids and for the receipt of bids for mowing, trimming and trash removal at the seven well and tower sites. The following items were reported by management: Dennis Clark presented water pumpage information for February 2014, which was 20.72% more than February 2013. Water pumpage for the first two months of 2014 was 15.26% more than the first two months of 2013. At least some of the pumpage increase is due to flushing hydrants to maintain higher water temperatures in the distribution system. The current market value of the Pension Fund as of February 28, 2014 is the sum of $4,996,833.89, including one employee's personal balance of $31,714.69. The value of the fund increased $209,016.61 in the last month and $42,668.07 year to date. The Waterloo Water Works has made contributions of $84,950.00 to the plan in 2014. Employees have made contributions of $11,569.55 to the plan in 2014. Year to date fees are the sum of $12,748.27, year to date payments to retirees are the sum of $81,545.76, and the year to date performance of the fund is plus 0.82 percent. Current Trustee contact information was distributed to Board members. A list of several major projects and initiatives currently underway or planned for 2014 was presented to the Board. The next regular meeting is scheduled for Wednesday, April 23, 2014 at 8:00 a.m. Upon motion, the meeting was adjourned at 9:16 a.m. BOARD OF TRUSTEES Secretary Minutes of The City of Waterloo Complete Streets Advisory Committee February 11, 2014 Meeting was called to order of the City of Waterloo Complete Streets Advisory Committee at 1:05 p.m., Tuesday, February 11, 2014 by Secretary Aric Schroeder in the 2nd floor Mollenhoff Conference Room of Waterloo City Hall. I. Roll Call: Members present were: Brian Schoon, Kevin Blanshan, Wayne Castle, Brent Johnson, Bill Bauchman representing Paul Huting, Jeff Bales, Pat Morrissey (left at 1:57), Janet Buls, Abraham Funchess, Aric Schroeder, Dan Trelka Members absent were: David Jones, Felicia Cass, Mohammad Elahi and Will Frost Also present: Zoning Staff Adrienne Voelker II. Agenda 1. Review and consider approval of the City of Waterloo Complete Streets Advisory Committee Administrative Rules Schroeder explained draft of administrative rules beginning with section one and decision of chair and vice chair. Morrissey stated that he did not feel that a member of city council should hold the position as chair or vice chair and that he saw the committee as being more of a community committee and not being run by city officials. Bauchman questioned if any city official should be able to hold the chair and vice chair position. The committee generally agreed that it may be best if no city official including a member of City Council should hold position as Chair or Vice Chair of the Complete Streets Advisory Committee. Schroeder stated that city personnel would be acting as secretary for the committee. Schoon noted that in section 2.1 the committee should have `minutes' and not `notes' as stated in draft of Administrative rules. If the committee is going to be conducting themselves as an advisory committee and holding official public meetings then minutes should be a part of the procedure also. Morrissey noted that he would like to see more regular meetings mentioned in section 3.0. Schoon added that rules should state the committee meets no less than quarterly. Schroeder questioned if having one third of the members present would be enough for a quorum, like stated in the draft of rules and also questioned if a member should be able to designate a person to take their place if the member cannot make it to the meeting. Blanshan stated that they have a 40% rule for quorum with INRCOG and thought that would be sufficient for the Complete Streets Committee. The decision of a 40% quorum and also a member appointing a designee if the member cannot make a meeting was generally agreed upon. Castle questioned exactly when the `quarterly' meetings would start, stating that engineering projects for the following year would be available by February or March. A consensus was met between members that meetings would be held the second Tuesday at 1:30 in March, June, September and December, and that additional meetings could be called as needed. Buls questioned if subdivisions should be added to section 4.1(c) of the Administrative rules and questioned if the committee would have input on future subdivisions. Schroeder stated that the current subdivision ordinance needs to be updated soon and at that time the committee can make recommendations on what they would like to see included with the ordinance. `Input on plans, Complete Streets Advisory Committee February 11, 2014 Minutes studies and regulations' will be added to the Administrative rules to keep a general overview of what will be presented to the committee. Schroeder questioned if the committee would like a copy of the council communication on projects they have submitted recommendations on and stated that the secretary could keep track of all such communications. Schoon questioned if there will be mention of Complete Streets recommendation in council communication letters, similar to what is done with city tech recommendations. Schroeder noted that planning and engineering will be mentioning recommendations in communication letters. It was moved by Bales, seconded by Trelka to adopt the Complete Streets Administrative Rules as amended. Motion carried unanimously. 2. Election of Chairperson and Vice -chairperson for the term ending December 31,2014 It was moved by Bales, seconded by Trelka to nominate Blanshan as chairperson. Motion carried unanimously. It was moved by Blanshan, seconded by Trelka to nominate Schoon as vice -chair. Motion carried unanimously. 3. Future meetings- date and time Future date and times of meeting had been previously discussed and decided on the second Tuesday at 1:30 in March, June, September and December. Special meetings will be called when necessary. Next meeting will be held March 11,2014, place to be determined. 4. General discussion on complete streets and funding Bales mentioned that funding for projects on Hammond, Lafayette, Downing and possibly Oregon street has been requested through the CIP to accommodate for sidewalk infill along said streets that are on this year's street reconstruction list. Jeff mentioned that currently $20,000 has been requested through the CIP. Bauchman questioned if the committee should recommend more from the CIP to be put towards sidewalk infill. Schroeder stated that it would have to be requested to Noel Anderson and Eric Thorson to request additional funds through CIP. Castle suggested that $100,000 should be requested. Blanshan stated that he would send an email on behalf of the committee to request $100,000 for sidewalk infill funds with the CIP. III. Discussion Items Schroeder mentioned the Park to Park project that has been a project the Community Main Street committee has been an active part of, which is looking to add bike lanes on Park Avenue but expressed concern that the project may be getting over complicated. Blanshan suggested that a presentation be done at the next Complete Streets meeting to further educate the committee on the project and potentially having the committee give a recommendation. IV. Adjournment Meeting was adjourned by Chair Kevin Blanshan at 2:57 p.m. Respectfully submitted, Adrienne Voelker, Associate Planner 2 MINUTES WATERLOO ENTERPRISE ZONE COMMISSION SCHEDULED MEETING — January 2, 2014 MOLLENHOFF CONFERENCE ROOM, 2nd FLOOR CITY HALL Members present were: Vick, Gillen, Orr, Johnson, Dowie, Jungen II and Whitehead. Members Absent: Cole Also Present: Chris Western and Adrienne Voelkers—Planning Department, and Jim Ellis GMJ2 Industries LLC Vic called the meeting to order at 11:00 a.m. A quorum is present. A. Approval of Agenda It was moved by Johnson and seconded by to approve the agenda with amendments. Motion passed unanimously. B. Approval of Minutes It was moved by and seconded by to approve the Minutes of October 17, 2013 with amendments. Motion passed unanimously. C. Discussion Items 1. Review of request by City of Waterloo to establish a new Enterprise Zone generally described as the "Former Baltimore Field". Western gave staff review of minimum requirements needed for request to be approved; request meets two of minimum requirements. The area qualifies as a blighted area due to it being in the CLURA and the valuations of each class of property I the designated area is 75% or less of the citywide average for that classification based upon the a recent appraisal of the area. It was moved by Johnson and seconded by Whitehead to approve the request to establish the former "Baltimore Field as a new Enterprise Zone in the City of Waterloo. Motion passed unanimously. 2. Review of the request by GMJ2 Industries, LLC, for the construction of 4 residential homes on the former Baltimore Field. Western gave staff review of minimum requirements needed for request to be approved; request meets all requirements. Jim Ellis gave presentation of the development. Johnson asked about the price ranges for the homes. Dowie asked about the time frame for construction. Whit head ask about how this project works with Blackhawk Development and Contracting as they were originally partners on this project. Jim explained they were now going to slit the property and are going to build separately. Dowie ask about the street improvements. Jim explained that Denver street will be extended to the north through the property and that all utilities will be extended from Eureka Street as well. It was moved by Orr and seconded by Johnson to approve the request for the construction (4) Single family homes. Motion passed unanimously. Adjournment Hearing no further discussion, it was moved by Orr, seconded by Johnson to adjourn. Motion was approved unanimously. Meeting was adjourned at 11:30 p.m. Respectfully submitted, Chris Western Staff to the Commission MINUTES WATERLOO ENTERPRISE ZONE COMMISSION SCHEDULED MEETING — January 22, 2014 MOLLENHOFF CONFERENCE ROOM, 2nd FLOOR CITY HALL Members present were: Vick, Johnson, Jungen II and Cole. Members Absent: Whitehead, Gillen, Orr and Dowie Also Present: Chris Western and Adrienne Voelkers—Planning Department Vic called the meeting to order at 10:00 a.m. A quorum is present. A. Approval of Agenda It was moved by Johnson and seconded by Cole to approve the agenda as submitted. Motion passed unanimously. B. Approval of Minutes From January 2, 2014 It was moved by Johnson and seconded by Cole to approve the Minutes of January 2, 2014 as submitted. Motion passed unanimously. C. Discussion Items Review of the request by Skogman Construction of Iowa for Enterprise Zone Credits for the construction of 11 single-family homes located in Crossroads Estates. Western gave staff review of minimum requirements needed for request to be approved; request meets all requirements requirements. Johnson asked about pricing. Cole asked about how the other properties have done. Western reported they have all been sold and typically are sold prior to construction beginning. It was moved by Johnson and seconded by Cole to approve the request by Skogman Homes to receive EZ Tax Credits for the building of 11 Single Family Homes in Crossroads Estates. Motion passed unanimously. Adjournment Hearing no further discussion, it was moved by Cole, seconded by Johnson to adjourn. Motion was approved unanimously. Meeting was adjourned at 10:30 a.m. Respectfully submitted, Chris Western Staff to the Commission MINUTES CITY OF WATERLOO, IOWA PLANNING, PROGRAMMING AND ZONING COMMISSION REGULAR MEETING - 4:00 P.M. JANUARY 7, 2014 The regular meeting of the Waterloo City Planning, Programming, and Zoning Commission was called to order at 4:00 p.m. by Chairperson Whitehead on January 7, 2014 in the City Council Chambers. Members present were: Cox, Gustafson, Rankin, Whitehead and Miehe. Members absent were: Tackett, Young and Morrison. Others present: Noel Anderson, Aric Schroeder, Chris Western, Shane Graham, Tim Andera and Adrienne Voelker - Planning Department; Dennis Gentz, Engineering Department, Councilperson Ron Welper and 2 citizens. I. Approval of the Agenda It was moved by Cox, seconded by Gustafson to approve the agenda. Motion carried unanimously. II. Approval of the Minutes from the Regular Meeting on December 3, 2013. It was moved by Gustafson, seconded by Rankin to approve the minutes as submitted Motion carried unanimously. III. Financial Report: November 2013 Anderson noted that everything appears to be on track at this point in the fiscal year. It was moved by Rankin, seconded by Gustafson to approve the financial report. Motion carried unanimously. IV. Oral Presentations No oral presentations were given. V. Agenda Items A. Hearings — Site Plan Amendments 1. Request by Harris Cleaning for a site plan amendment to the "M-2, P" Planned Heavy Industrial District, to allow for the construction of a new 10,000 SF industrial building, located north of 2365 Northeast Drive. It was moved by Cox and seconded by Miehe to receive and place on file the statement of verification at 4:02 p.m. Motion carried unanimously and Whitehead declared the hearing open. Andera gave the staff report explaining the request, and indicated that staff is recommending approval of the rezone request, subject to the condition that the final site plan meets all applicable city codes, regulations, etc., including but not limited to parking, landscaping, drainage, etc. Gustafson questioned if the landscaping plan submittal would be covered by the condition as recommended by staff and Andera indicated that it would. It was moved by Rankin, seconded by Miehe to close the Public Hearing. Motion carried unanimously. Public Hearing was closed at 4:07p.m. It was moved by Cox, seconded by Rankin, to approve the site plan amendment request, subject to the condition that the final site plan meets all applicable city codes, regulations, etc., including but not limited to parking, landscaping, drainage, etc. Motion carried unanimously. Planning and Zoning Commission January 7, 2014 B. Plats 1. Request by GMJ2 Industries, LLC for the 5 -lot Final Plat of Williston Field Addition, to allow for the construction of 5 new single family homes, generally bounded by Williston Avenue, Pleasant Street, W 7th Street and Allen Street. Voelker gave the staff report explaining the request, and indicated that staff is recommending approval of the final plat request. Jim Ellis with GMJ2 Industries commented that they just started marketing the lots and that they hope to break ground in April. It was moved by Gustafson, seconded by Miehe, to approve the final plat of Williston Field Addition. Motion carried unanimously. 2. Request by GMJ2 Industries, LLC for the 4 -lot Final Plat of Baltimore Field 1st Addition, to allow for the construction of 4 new single family homes, generally located along the east side of Vermont Street, just north of Eureka Street. Voelker gave the staff report explaining the request, and indicated that staff is recommending approval of the final plat request. Miehe questioned the price points for the new homes. Jim Ellis with GMJ2 Industries commented that the ranch style home would be $145,000, the split foyer home would be $155,000, the story and a half home would be $159,000 and the two story home would be $194,000. It was moved by Miehe, seconded by Gustafson, to approve the final plat of Baltimore Field 1St Addition. Motion carried unanimously. C. Plans and Studies 1. Presentation of a housing information study of the Rath Neighborhood area by Andrew Miller. Andrew Miller, a graduate student with the University of Northern Iowa, presented a housing condition study that he completed of the area bounded by Franklin Street to the Cedar River and 6th Street to 11th Street. He explained how he ranked the condition of the homes, and whether they could use rehabilitation or not. V. Discussion/Possible Action Items There were no discussion items. VI. Adjournment With no further business to discuss, it was moved by Rankin and seconded by Cox to adjourn the meeting. Motion carried unanimously and the meeting adjourned at 4:28 p.m. Respectfully submitted, Shane M. Graham, Planner II 2 MINUTES CITY OF WATERLOO, IOWA PLANNING, PROGRAMMING AND ZONNG CORY MISSION REGULAR MEETING - 4:00 P.M. 014 Programming, and Zoning Commission was called to The regular meeting of the Waterloo City Planning, Progra4 2014 in the City Council Chambers. order at 4:00 p.m. by Chairperson Whitehead on February Members present were: Cox, Hall, Tackett, Whitehead and Young. Members absent were: Rankin, Gustafson, Miehe and Morrison. Others present: Aric Schroeder, Chris Western, Shane Graham, Tim Andera and Adrienne Voelker - De artment; Eric Thorson, Engineering Department, Councilperson Tom Lind and 4 citizens. Planning P I. Approval of the Agenda It was moved by Young, seconded by Cox to approve the agenda. Motion carried unanimously. II. Approval of the Minutes from the Regular Meeting on January 7, 2014. It was moved by Cox, seconded by Hall to approve the minutes as submitted. Motion carried unanimously. III. Financial Report: December 2013 Schroeder noted that everything appears to be on track at this point in the fiscal year. It was moved by Young, seconded by Cox to approve the financial report. Motion carried unanimously. IV. Oral Presentations No oral presentations were given. V. Agenda Items A. Hearin s — Rezones/Site Plan Amendments 1. Request by Stainless Investments, LLC to rezone 0.41 acres located at 811 Elliot Court from "R-2" One and Two Family Residence District to "C -1,C -Z" Conditional Zoning Commercial District for the purpose of constructing a new commercial parking lot associated with the existing business located at 3533 Cedar Terrace Drive. Schroeder indicated that the notice to property owners 10-20 rh thd that the Ordinance requires,site plan amendment and eso the request by the applicant were not sent out within theday period Commission would have to vote unanimously to waive that requirement ldel vn dered by staff on Fridayer for these agenda , to be acted on at this meeting. Schroeder indicated that were1etters hand ut, and er January 31st. Whitehead questioned how many notices received an o calls in opposition to the indicated trequest, and approximately 10-12. Young questioned if staff hady Schroeder responded no. It was moved by Young, seconded by Cox to waive the 10 -day minimum notice to property owner requirement. Motion carried unanimously. lace on file the s It was moved by Tackett and seconded by Young to receive and Whitehead head declared thettrezone hearing ement of verification at 4:06 p.m. Motion carried unanimously open. Planning and Zoning Commission February 4, 2014 It was moved by Hall and seconded by Young to receive and place on file the statement of verification at 4:06 p.m. Motion carried unanimously and Whitehead declared the site plan amendment hearing open. Andera gave the staff report explaining the request, and indicated that staff is recommending approval of both the rezone request and site plan amendment request, subject to the condition that the final site plan meets all applicable city codes, regulations, etc., including but not limited to parking, landscaping, drainage, etc. James Butler with Stainless Investments indicated that they purchased the property in order to remove the residential use adjacent to their business and remove the house. He noted that they scaled down the size of the proposed addition due to costs. He also indicated that they have adequate parking now, but may use the area where the house is in the future. He noted that there would also be a gate installed where the driveway is along Elliott Court so that no traffic goes onto that street, as they have an existing access from Cedar Terrace Drive. It was moved by Cox, seconded by Young to close the Public Hearing. Motion carried unanimously. Public Hearing was closed at 4:18 p.m. It was moved by Young, seconded by Tackett, to approve both the rezoning of 811 Elliott Court from "R-2" to "C-1, C -Z", and the site plan amendment to the "C-1, C -Z" District to allow for the parking lot expansion and 20'x60' addition to their existing building, subject to the condition that the final site plan meets all applicable city codes, regulations, etc., including but not limited to parking, landscaping, drainage, etc. Motion carried unanimously. 2. This item discussed and acted on with item #1 above. B. Plats 1. Request by Midwest Development for the 102 -lot preliminary plat of Audubon Heights Fourth Addition, for the purpose of creating a new residential subdivision on 50.97 acres zoned "R-1" One and Two Family Residence District, generally located north of W Shaulis Road and east of Hoff Road. Voelker gave the staff report explaining the request, and indicated that staff is recommending approval of the final plat request, subject to the condition that the applicant submit a map showing proposed contour lines, existing and proposed street lights and location of proposed gas, electric and communication utilities before the final plat is submitted, and that utility and drainage easements are added and widened as noted within the staff report. Young questioned the timeframe for development, and Bill Claassen with Claassen Engineering indicated that they are working on construction plans now but would be starting this spring, with the final plats coming in several stages. It was moved by Cox, seconded by Young, to approve the preliminary plat of Audubon Heights Fourth Addition, subject to the condition that the applicant submit a map showing proposed contour lines, existing and proposed street lights and location of proposed gas, electric and communication utilities before the final plat is submitted, and that utility and drainage easements are added and widened as noted within the staff report. Motion carried unanimously. 2 Planning and Zoning Commission February 4, 2014 C. Vacates 1. Request by Jared and Lori Honermann to vacate the 50' platted building line located on Lot 22 of Guernsey's 2nd Orange View Plat, located east of 1360 Angus Drive, for the purpose of constructing one new single-family home. Western gave the staff report explaining the request, and indicated that staff is recommending approval of the request, subject to the condition that the new home match the front yard setbacks of the existing homes on either side. It was moved by Young, seconded by Hall, to approve the building line vacate request, subject to the condition that the new home match the front yard setbacks of the existing homes on either side. Motion carried unanimously. D. Plans and Studies 1. Amendment to the Downtown Waterloo Riverfront Urban Renewal and Redevelopment Plan (Tax Increment Finance District). Schroeder indicated that the plan is not completed yet, so this item will be placed on next month's agenda. V. Discussion/Possible Action Items Schroeder indicated that the Council Chambers will be undergoing a renovation, which may take several months, so the next few meetings will take place at the Center for the Arts. VI. Adjournment With no further business to discuss, it was moved by Cox and seconded by Tackett to adjourn the meeting. Motion carried unanimously and the meeting adjourned at 4:34 p.m. Respectfully submitted, Shane M. Graham, Planner II 3 MINUTES CITY OF WATERLOO, IOWA PLANNING, PROGRAMMING AND ZONING COMMISSION REGULAR MEETING - 4:00 P.M. MARCH 4, 2014 The regular meeting of the Waterloo City Planning, Programming, and Zoning Commission was called to order at 4:09 p.m. by Acting Chairperson Young on March 4, 2014 in the Law Court Theater of the Waterloo Center for the Arts. Members present were: Hall, Tackett, Miehe, Rankin and Young. Members absent were: Whitehead, Gustafson, and Morrison. Others present: Noel Anderson, Aric Schroeder, Chris Western, Shane Graham, Tim Andera and Adrienne Voelker - Planning Department; Eric Thorson, Engineering Department, Councilpersons Tom Lind and Pat Morrissey and 15 citizens. I. Approval of the Agenda Young indicated that items D-1 and E-1 were withdrawn from the agenda by the applicants. It was moved by Tackett, seconded by Rankin to approve the agenda as amended. Motion carried unanimously. II. Approval of the Minutes from the Regular Meeting on February 4, 2014. It was moved by Hall, seconded by Miehe to approve the minutes as submitted Motion carried unanimously. III. Financial Report: January 2014 Anderson noted that we are a bit over budget on property management due to the amount of snowfall and the cost of removal on city -owned properties. It was moved by Young, seconded by Cox to approve the financial report. Motion carried unanimously. IV. Oral Presentations No oral presentations were given. V. Agenda Items A. Hearings — Zoning Ordinance Amendments 1. Request by the City of Waterloo for an amendment to the City of Waterloo Zoning Ordinance as it pertains to the regulations for payday lender/delayed deposit service related businesses. It was moved by Hall and seconded by Tackett to receive and place on file the statement of verification at 4:13 p.m. Motion carried unanimously and Young declared the hearing open. Schroeder gave an explanation of the amendment, noting that it would provide for additional restrictions for "payday" loan businesses and pawnshop businesses. Hall questioned if recreational areas were a protected use, and Schroeder indicated yes, and also read the list of other protected uses. Young commented that it sounded like the list of protected uses were similar to alcohol sales uses as well, and Schroeder commented that it is also similar to adult uses as well. Pat Morrissey, 3rd Ward Councilperson, indicated that he is in favor of the ordinance, noting that they diminish property values in areas where they are located, as well as the negative perception that they leave in those areas. He indicated that there are 11 currently located in Waterloo and doesn't want to kick them out, but wants to regulate new ones. Chris Schultz, 1105 Mulberry Street, co-chair of the Cedar Planning and Zoning Commission March 4, 2014 River Neighborhood Association, indicated that he is in favor of the ordinance as well, as they have a payday loan place in his neighborhood. He pointed to a study that shows that there is a decrease in property values and an increase in crime rates in areas where these businesses are located. Jessica Young, 318 W 3`d Street, agreed with the previous statements and is in favor of the ordinance. She noted that she has a business downtown and would like to eliminate these types of businesses. Jess Messman, a Cedar Falls resident who works in Waterloo, indicated that she works with people that may use this type of service, and that these businesses take advantage of many who do not have anywhere else to go. Mary Potter, 207 Leland Avenue and Church Row Neighborhood Association, indicated that these businesses locate in depressed areas where people don't know any better. She noted that these businesses are not located in Audubon Park or along Prospect Boulevard. She noted that she is in favor of the ordinance. Marla Fagan, 1146 Ackermant Street, indicated that she is in favor of the ordinance, and that the City of Waterloo needs to raise its standards. Tackett questioned if there could be a disclaimer put on the forms of those businesses that would alert customers of the ramifications of taking out such a loan, and Schroeder indicated that staff worked with the Attorney's Office in drafting this ordinance, and that he wasn't sure if that is something that could be required locally. Pat Morrissey noted that he wanted a disclaimer and also a sign put on the front door, but was told that the state would have to require that. Potter commented that the City should take a stand and get the state involved. Morrissey indicated that it missed the funnel time at the state level. Anderson indicated that Mayor Clark is the League of Cities President, and has talked with other cities about this issue and is gaining support. Hall commented that it was nice to see citizens engaged with this issue. It was moved by Rankin, seconded by Miehe to close the Public Hearing. Motion carried unanimously. Public Hearing was closed at 4:39 p.m. It was moved by Hall, seconded by Tackett, to approve the zoning ordinance amendment. Motion carried unanimously. B. Special Permits 1. Request by Corey Simon for a special permit to permanently establish a non -limited alcohol sales use (on -premise consumption) at 2000 Hawthorne Avenue (1 -year temporary approval expires March 12, 2014). Voelker gave the staff report explaining the request, and indicated that staff is recommending approval of the special permit. Corey Simon, co-owner of SAC'S, indicated that 4 of the service calls to the property were for false alarms. Hall questioned if the fence was put up per the conditions of the original approval, and Simon indicated that it was, but 1 panel needs to be replaced. Rankin questioned if the loud music complaints were from cars or from the building, and Simon indicated that they have a speaker in the back, but that they lowered the volume on it. Marla Fagan, 1146 Ackermant Street, questioned if the applicant owned the building and business, or leases the building. Simon indicated that he leases the building. It was moved by Rankin, seconded by Hall, to approve the special permit request. Motion carried unanimously. 2. Request by Robert Castro for a special permit to legalize the conversion of a single-family dwelling into a two-family dwelling, located at 1132 Columbia Street. Western gave the staff report explaining the request, and indicated that staff is recommending denial, as the request would appear to have a negative impact on density, and overall aesthetic appearance of the -2- Planning and Zoning Commission March 4, 2014 surrounding area and would set precedence for other requests, and the request does not meet the minimum requirements for lot width and lot size. Rankin questioned if it was fire damaged and if it had the same floor plan and Western indicated that the rear unit had some fire damage, and that it is the same floor plan. Tackett questioned if the request were denied if it would have to be converted back into a single-family home, and Western responded yes. Marla Fagan, 1146 Ackermant Street, questioned if the applicant was planning on living in the house or renting it out, and Western indicated that the applicant would be renting both units out. Kent Orchard, a contractor who helps the applicant, noted that there is enough parking in the rear of the lot for both units. He commented that this property most likely would not have been caught if the applicant didn't come to the City for the necessary permits to remodel. Robert Castro indicated that he bought the property as a duplex and wouldn't have bought the property if it was only a single-family home. Marla Fagan questioned how long the applicant has owned the property, and Castro indicated that he purchased the property 3 months ago. Tim Hopper, 1117 Columbia Street, indicated that he had no idea that the property was a duplex, and questioned how many other illegal duplexes might be in the area. He indicated that this could be detrimental to bring in additional families into this neighborhood. Tackett indicated concerns on setting a precedence and allowing other properties to seek approval for this type of request as well. Rankin commented that he was concerned about someone buying a duplex without knowing that it was illegal to begin with, and questioned the cost to put it back to a single family home. It was moved by Rankin, seconded by Miehe, to approve the special permit request. Motion carried 3-2, with Tackett, Rankin and Young voting for, and Hall and Miehe voting against. C. Plats 1. Request by Robert and Robin Morelock to plat 8.37 acres into 2 lots zoned "A-1" Agricultural District, located at 135 E Airline Highway. Western gave the staff report explaining the request, and indicated that staff is recommending approval of the request. Tackett questioned how the house was built illegally, and Western indicated that it appeared to be a staff error at the time. Rankin questioned if the lot without the house on it would be buildable, and Western indicated no. It was moved by Hall, seconded by Miehe, to approve the plat. Motion carried unanimously. V. Discussion/Possible Action Items There were no discussion items. VI. Adjournment With no further business to discuss, it was moved by Tackett and seconded by Miehe to adjourn the meeting. Motion carried unanimously and the meeting adjourned at 5:31 p.m. Respectfully submitted, aZz 7/.`e;>r GPS Shane M. Graham, Planner II 3 WATERLOO HISTORIC PRESERVATION COMMISSION REGULAR MEETING — January 30, 2014— 4:30 P.M. Mollenhoff Room, City Hall Western called the regular meeting of the City of Waterloo Historic Preservation Commission meeting to order at 4:35.m. Commission Members in attendance were: Valtchev, Price, Stevens & Andera. Commission Member(s) absent were: Cass & Linda Others Present: Chris Western, Staff to the Commission. Adrienne Voelker, City of Waterloo Planning Staff and 1 member of the public Approval ofAjenda Western introduced Terry Stevens as a new member of the Commission. Stevens noted that she is a native of Waterloo and has a lot of interest in preserving the community. Motion made by Price, seconded by Valtchev to approve the amended agenda. Motion carried unanimously. Approval of Minutes Motion made by Stevens, seconded by Andera to approve the minutes of the October 23,2013 Regular Meeting. Motion carried unanimously. Hearings 1. Request for certificate of appropriateness at 225 Highland Blvd to allow four (4) new doors and two (2) storm doors to replace old doors on residence. Western gave a staff report noting the house is rated as a "C" structure for architectural significance and is listed as contributing to a district. In historical significance, it is rated as an "A" structure and is listed as contributing to a district. Western noted that The Design Guidelines for Historic Buildings states under recommendations for doors: "replacing badly deteriorated doors with new or salvaged doors that are similar in size, material, style and appearance." The proposed doors would appear to meet these qualifications as the doors are similar in size, will be painted to match existing trim and will have storm doors that will be consistent with existing/ former storm doors. Lee Byrd, 225 Highland Blvd, gave explanation for replacement of doors for security reasons as there was an attempted burglary at her home January 6t'. Byrd stated she knew that she needed to come before the commission but she did not even think twice about buying new doors due to her and her mother's safety. Applicant also stated that the doors would be painted a color to match existing trim on the home. Price questioned if the commission was worried about the doors being aluminum instead of wood and Byrd noted that the doors that she replaced were aluminum and were so when she purchased the property 6 years ago. -1- Motion made by Stevens, seconded by Andera to approve the certificate of appropriateness at 225 Highland Blvd to allow for four (4) new aluminum entry doors and two (2) new storm doors to be replaced on the home under the condition that they would be painted cream to match existing trim that is on the home . Motion carried unanimously. Reports 1. Main Street No report 2. Silos and Smokestacks No report 3. Grout Museum No report 4. Rath Administration Update Andera noted that a construction trailer will be moving into the area soon to begin work. 5. Dunsmore House Western noted that the Cedar Valley Ghost Hunters inquired about spending a night at the Dunsmore house to investigate if it is haunted or not. Discussion Items/Possible Action Items 1. Historic Preservation Awards Western noted that the Commission needed to start thinking about the Historic Preservation Awards again. Price explained what the awards were for and provided examples of who had been awarded in the past. Typically the commission hands out three awards and gave awards to at least one residential and one commercial property. 2. Re-election of Officers for 2013 Valtchev noted they should hold off on election of officers until all members are present. 3. Applications for additional commission members Western noted that the commission is in need of two additional members. Also that Ed Otteson may be coming back to the commission. Andera noted that Allaire George and Ed Otteson would be joining the commission. 4. Quarterly funds Andera noted that the commission has an account with Community Foundation of Northeast Iowa. Commission currently has $3,746.29 in the account. 5. Annual Report to be submitted to state -2- Voelker explained that an annual report is due to the State Historical Society February 28th and it basically explains events and agenda items that took place throughout the 2013 year with the Highland Neighborhood Historic District. 6. Community outreach Western noted that being involved with the community and getting the Historical District to have a presence throughout the community would be a great thing for the Commission. Western suggested looking into getting additional funding, such as a revolving loan project, from state and federal levels to help with projects around the community and possibly within the Highland Historic District. Valtchev noted that he agreed that awareness throughout the community would be great for the Commission and is interested in looking into allocating funds to help support future projects. Adjournment Motion made by Andera, seconded by Stevens to adjourn the meeting. Motion carried unanimously. Meeting was adjourned at 5:40 p.m. Respectfully submitted, Adrienne Voelker, Associate Planner -3- MM WATERLOO HISTORIC PRESERVATIONo CO4:30 ISSI. N REGULAR MEETING February 18, 1st Floor Conference Room, City Hall regular meeting of the City of Waterloo Historic Preservation Commission meeting to Western called the reg order at 4:30 p.m. Commission Members in attendance were: Valtchev, Price, Cass, Stevens, George, Ottesen & Andera. Commission Member(s) absent were: Linda of Waterloo Planning Others Present: Chris Western, Staff to the Commission. Adrienne Voelker, City Staff and Candy Streed of Silos and Smokestacks Approval ofAaenda Western welcomed Ed Ottesen and Allaire George to the Commission. Motion made by Price, seconded by Cass to approve the amended agenda. Motion carried unanimously. Annroval of Minutes Motion made by Andera, seconded by Price to approve the minutes of the January 30,2014 Regular Meeting. Motion carried unanimously. Hearin s 1. Request for certificate of appropriateness at 226 Alta Vista to allow for the construction of a new 4' x 16' firewood shed in the back yard Western gave the staff report noting that the structure is rated as a "B would slitructure for to r sttectural significance and is listed as contributing to the district. Theapplicant new firewood shed in the back yard along the west edge of property line. The structure would be composed of wood and shingles. Andera questioned if the applicant had mentioned a different structure size of 4' x 32'. Staff uestioned if the structure would be to did not hear of any other sizes from the applicant. Ottesen q large to pass city code and Western noted that itwould discussed would not be an issue.der the 850 squre ft rValt hev dinance including the size of the detached garage so the sizes noted that he would like to see shingles used for the shed that coincide with the shingles on the home. ificate of appropriateness at 226 Motion made by Cass, seconded by Price to approve wote od sited under the condition it shingles Alta Vista Avenue for the construction of a new fir would match existing shingles used on the residence. Motion carried unanimously. 2. Resolution to approve that the C-2 building is the largest manufacturing building in Waterloo that is over 50 years old, standing with six stories and 198,000 square feet total. -1- Voelker explained that a request has been made from Jan Olive Full with City that a resolution be passed by the Waterloo Historic Preservation Co building, located near downtown Waterloo, is the largest remainingTallgrass Historians in Iowa Waterloo ing, that is overn0 old. Commission stating that the C-2 years manufacturing building withing Candy Streed with Silos and Smokestacks further explained that the when attempting to register the building as a national historic landmark. The owners are resolution from the Historic Preservation Commission confirming that it is the largest remaining owners have been turned down again manufacturing building over 50 years old in Waterloo to assist with their appeal now asking for a Ottesen questioned how big the building adjacent to the C-2 buildingwas and process. noted that it is slightly smaller according to the Black Hawk County Assessors lweb sif it te. bigger.Voelker Motion made by Cass, seconded by Price verifying that the C-2 building is the largest manufacturing building remaining in Waterloo that is over 50 years old standing with six stories and 198 000 total square feet. Motion carried unanimously, 1. Main Street Cass noted that Preservation Iowa is calling for nominations for the 100 most endangered properties list for the 2014 year. The deadline is February 28th. Valtchev noted that the Hostess building downtown would be a good nomination. Stevens noted that the Logan School may also worthy of a nomination. 2. Silos and Smokestacks Candy Streed with Silos and Smokestacks mentioned that they would be holding their annual Golden Silo Awards Lunchon at the Sky Room in the Blacks Building Wednesday April 2nd. They are accepting applications until May 1 n for their grant programs. Silos and smokestacks will also be hosting a "Cash is King" webinar. 3. Grout Museum Cass noted that he is no longer on the Grout Museum board but will still check in with the Museum to receive updates for the commission. 4. Rath Administration Update No update 5. Dunsmore House No update Discussion Items/Possible Action Items 1. Masonic Temple Western noted the Masonic Temple is officially recognized on the National Register of Historic Places by the State Nominations Review Committee. -2- 2. Awards/Nominations Western noted that awards will be in May and for Commissioners to continue brainstorming sites to be nominatied to receive an award. There will be a total of three awards and it was previously discussed nominating Lee Byrds home at 225 Highland Boulevard and also the Brown Derby. 3. Annual Report Voelker explained that an annual report is sent to the state explaining what the Historic Preservation Commission has been involved in throughout the year. The report is due February 28t. Ottesen questioned if that would be something that could be sent out to all of the commissioners so they can reflect on what had been done throughout the previous year. 4. Community Outreach Western noted that gathering ideas on community outreach would be a great for exposure of the Historic Preservation Commission. Western mentioned possibly forming a subcommittee to further discuss ideas to bring to commission. Western noted that he would look into further funding opportunities for the commission such as a revolving loan system. 5. Lafayette School Western noted he spoke with contractor and the school will be demolished by April rt. 6. Training Western noted that staff will be researching training for the commissioners to partake in throughout the year. 7. Election of Officers It was moved by Valtchev, seconded by Andera to nominate Ottesen as chairperson. Motion carried unanimously It was moved by Price, seconded by Valtchev to nominate Cass as vice chairperson. Motion carried unanimously Adjournment Motion made by Stevens, seconded by Ottesen to adjourn the meeting. Motion carried unanimously. Meeting was adjourned at 5:35 p.m. Respectfully submitted, Adrienne Voelker, Associate Planner -3- WATERLOO HISTORIC PRESERVATION COMMISSION REGULAR MEETING — March 18, 2014— 4:30 P.M. IS` Floor Conference Room, City Hall Western called the regular meeting of the City of Waterloo Historic Preservation Commission meeting to order at 4:35 p.m. Commission Members in attendance were: Price, Cass, George, Ottesen & Andera. Commission Member(s) absent were: Linda, Vatchev and Stevens Others Present: Chris Western, Staff to the Commission, Adrienne Voelker, City of Waterloo Planning Staff and one member of the public. Approval ofAgenda Motion made by Price, seconded by Cass to approve the amended agenda. Motion carried unanimously. Approval of Minutes Motion made by George, seconded by Cass to approve the minutes of the February 18, 2014 Regular Meeting. Motion carried unanimously. Hearings 1. Request for certificate of appropriateness at 1135 Independence Avenue to install a replacement window in rear of home Voelker gave the staff report noting that the home is rated as a "C" structure for architectural significance and is listed as contributing to the district. The structure is rated as "A" for Historical Significance. The applicant would like to replace a casement window that faces the back yard with a new casement window. The only difference in the windows would be the current window is divided 1/4, %2, 1/4 and the new proposed window is divided equally in thirds. Cass questioned if there would be grids in the new window and the applicant, Ron Miller of 1135 Independence Avenue stated that there would not be any grids. There would only be horizontal dividers in the center of each window. Miller also stated that the new window would match an existing window in the kitchen of the home. Motion made by Price, seconded by George to approve the certificate of appropriateness at 1135 Independence Avenue to install a replacement casement window in rear of home. Motion carried unanimously. Reports 1. Main Street No Update 2. Silos and Smokestacks -1- No Update 3. Grout Museum No Update 4. Rath Administration Update No Update 5. Dunsmore House No Update Discussion Items/Possible Action Items 1. HPC Binders Voelker handed out Historic Preservation Commission binders and explained that they all contained RPC guidelines, ordinances and additional information. Cass questioned if a paper copy of commission members could be brought to the next meeting and Voelker indicated that copies will be made for next month's meeting. 2. Awards- nominations Commission agreed that two awards would be presented at this year's ceremony. One to the Brown Derby and the other to Lee Byrd for her preservation of her home. Commission decided to have the awards at the Bridges meeting room. Price is going to call bridges to set up a time for the awards ceremony. The commission decided that May 29th, 30th or June 5th would be the dates preferred for the awards. 3. Community outreach/ funding Western explained what Dubuque has done with a revolving loan program with their Historic Preservation Commission. Staff will contact Dubuque to see exactly how they initially started the program and where the funding originated. Commission is going to look over additional paperwork regarding funding that staff supplied and discuss further at the next meeting. 4. Lafayette School Western noted that demolition had started Monday and should be completed this week. 5. Training Voelker stated that she contacted Kathy Gourley with the state Histroic Socity regarding setting up a training session but has not heard a response. Voelker will continue to research and contact individuals about training for the Waterloo Historic Preservation Commission. Adjournment Ottesen adjourned the meeting at 5:25. Respectfully submitted, Adrienne Voelker, Associate Planner -2- MINUTES OF THE WATERLOO BOARD OF ADJUSTMENT REGULAR MEETING HELD ON JANUARY 28, 2014, IN THE COUNCIL CHAMBERS, CITY HALL Chairperson Holdiman called the regular meeting of the Waterloo Board of Adjustment to order at 4:07 p.m. Board members in attendance were: Chizek, Goldsberry and Holdiman. Board members absent were: Mohr and Sass. Staff in attendance was Andera, Schroeder, and Voelker. There were 5 people from the public in attendance. I. Approval of the Agenda for January 28, 2014. It was moved by Goldsberry, seconded by Chizek, to approve the agenda as submitted. Motion carried unanimously. II. Approval of the Minutes of the Regular Meeting on December 19, 2013. It was moved by Goldsberry, seconded by Chizek, to approve the minutes as submitted. Motion carried unanimously. III. Decision Items 1. Request by Buckets, Inc. for a variance to the hard surfacing requirement for a vehicular use area to allow for the utilization of recycled asphalt upon their site, located at 3215 Lafayette Street. Andera gave the staff report noting that the applicant is requesting the variance for the purpose of constructing a new vehicular use area out of recycled asphalt. Andera noted that the applicant is currently in the process of constructing a new 30,000 SF expansion to the existing industrial building located at 3215 Lafayette Street. Andera noted that the site in question is zoned "M-1" Light Industrial District and has been zoned as such since the adoption of the Zoning Ordinance. Andera noted that on the submitted site plan, a large portion of the area to be recycled asphalt was previously gravel surfacing, making the request somewhat unique as an existing gravel surfacing area could remain, so the proposed recycled asphalt surfacing would be an improvement in that regards. Andera noted that the area further east proposed for recycled asphalt was previously vacant land, and that the area west, in front of the existing building, is a concrete finish. Andera noted that in review of past aerial photos, the original building upon the site was constructed in 1967 and was 13,300 SF in area, noting it is hard to tell from the aerial photo, but staff was assuming that it was gravel to begin with. Andera noted that in a 1982 aerial photo, the building is built out as it currently sits today, and the concrete and asphalt was constructed in front of the existing building, with the exception of areas to the east of the existing building. Andera noted the applicant's contractor has indicated that this area has been gravel for quite some time and does not believe that having the recycled asphalt would negatively impact the surrounding area. Andera noted that many portions of the vehicular use area of the Zoning Ordinance were amended in 1984, and 1993, so it is difficult to fully ascertain what was legally constructed for hard surfacing requirements. Andera noted that staff does have concerns with allowing a recycled asphalt vehicular use area, as doing so would set precedence for other area businesses to potentially do the same, as well as having additional recycled asphalt vehicular use areas can lead to storm water runoff pollution BOARD OF ADJUSTMENT January 28, 2014 Minutes concerns. Andera noted that due to the past existence of gravel in this area (that would not have to be improved) and continued use of the area for heavier construction activities for longer than the initial project timeline, staff feels it may be permissible for the use of recycled asphalt for a 3 -year timeframe. Andera noted that after that, the use the of the area, condition of the recycled asphalt, and potential concerns with storm water pollution should be analyzed, and brought back to the Board of Adjustment for further review and permanent approval or requirement of additional hard surfacing. Bill Wright, Schoff Engineering, noted there would be water detention upon the site in question, and there should not be water pollution issues. Chizek questioned if there were concerns with utilising recycled asphalt. Wright noted that recycled asphalt seems to hold up well with vehicular use traffic. Schroeder noted that there has been discussions in the past about other vehicular use area materials that may be acceptable, such as recycled asphalt. Schroeder noted that it would appear that recycled asphalt is not as durable, therefore, that is why staff is only recommending a three- year temporary variance. Schroeder noted that once that three years is up, the condition of the recycled asphalt will be looked at and the applicant will have to request another variance if they would like to continue to use the recycled asphalt. It was moved by Chizek, seconded by Goldsberry, to approve a three-year temporary time variance to allow for the utilization of recycled asphalt as a vehicular use area hard surfacing, located at 3215 Lafayette Street. Motion carried unanimously. THREE-YEAR TEMPORARY VARIANCE REQUEST APPROVED 2. Request by Adam and Brittanny Aswegan for a variance to the required average front yard setback of 44', to allow for a front yard setback of 27', 17' less than what is allowed, located at 1241 Roosevelt Street. Voelker gave the staff report noting the applicant wants to construct a new 1,700 SF single-family house upon the lot in question with a front yard setback of 27', 17' less than the average setback of 44'. Voelker noted that the property in question is zoned "R-2" One and Two Family Residence District, and is located at the intersection of Roosevelt Street and Ogden Avenue. Voelker noted that the property in question is a corner lot, and there is one house directly to the west at 1227 Roosevelt Street that has established the average front yard setback of 44'. Voelker noted that there appears to be a uniqueness to the request, as the lot in question is a corner lot, and there is only one home within 200 feet, fronting off of Roosevelt Street to calculate the average front yard setback requirement. Voelker also noted that there are also homes to the north of the lot in question along Ogden Avenue and homes on the south side of Roosevelt Street that have front yard setbacks of approximately 25', and approval of the variance would not appear to be out of character with existing development in the neighborhood. Holdiman questioned what if the house were to face toward Ogden Avenue to the east. Schroeder noted that different setback requirements would be required if the house faces the longer 2 BOARD OF ADJUSTMENT January 28, 2014 Minutes dimension street frontage. Kevin Fittro, Skogman Homes, noted that they have worked to keep the setback of the proposed house consistent with the area. Fittro noted that the future home owner looked at facing the house to the east towards Ogden Avenue, however, this would have appeared to impact the site visibility of the house at 1227 Roosevelt Street even greater. It was moved by Goldsberry, seconded by Chizek, to approve the variance to allow for a front yard setback of 27', 17' less than the average front yard setback of 44', located at 1241 Roosevelt Street. Motion carried unanimously. VARIANCE REQUEST APPROVED IV. Discussion Schroeder noted that on February 18, 2014, work will begin to renovate the City Council Chambers, and future Board of Adjustment meetings will be relocated to the Law Court Theater, located at the Center for the Arts. Schroeder noted that the City Council Chamber renovations are expected to be completed sometime in May of 2014. Goldsberry noted that it should be looked at adding new members to the Board of Adjustment, and questioned if there could be another female on the Board of Adjustment. Schroeder noted that there are gender balance specifications that have to be met and noted that he would look into whether or not another female can be on the Board of Adjustment. Goldsberry also noted that it would be helpful to have somebody on the Board of Adjustment that has real estate experience. V. Adjournment It was moved by Goldsberry, seconded by Chizek, to adjourn the meeting at 4:43 p.m. Motion carried unanimously. Respectfully submitted, Tim Andera, Associate Planner 3 MINUTES OF THE WATERLOO BOARD OF ADJUSTMENT REGULAR MEETING ARTS ON FEBRUARY 25, 2014,IN THE LAW COURT THEATER, CENTER FOR THE FChairperson Holdiman called the regular meeting of the Waterloo d�dri and Sass. Board ent to at 4:00 .m. Board members in attendancs ff � att dan e was Andera, Schroeder, order l' member(s) absent were: e°edweren7 pand ple from the public in attendance. Voelker and Western. There I A. 'royal of the Atenda for Febru. 25 2014. It was moved by Sass, seconded by Chizek, to approve the agenda as submitted. Motion carried unanimously. 28 2014. II. A ..royal of the Minutes of the Re . ular Meetin' on anua izek seconded by Sass, to approve the minutes as submitted. Motion It was moved by Ch , carried unanimously. III. Decision Items Alcorn for a variance to the 1. Request by Chris Fischels on thbehalf d°e Robert tabliSY mdentao�f one residential lot of 18,300 located average lot size provision to allow area, SF, 5,742 SF less than the average lot size of 24,042 SF within the immediate at 4655 Win haven Drive. gave the staff report noting that the applicant is requesting a lot variance to size establish SF, a new Andera SF less than the ich 18,300 SF residential lot, which be 5,742 noted that the property is located at 4655 Winghaven is within 250' of the lot in question. Drive and is zoned "R-1" One and Two Family Residence Da at, and the � ani been zoed Ordinance requires such since the adoption of the Zoning Ordinance. Andes noted ge that lots to be created must not be more than 10% less than the awade Hoff Road, and due to Anderalot area and lot width. noted that staff looked at the existing lot width facing toasue a there being no change in that width, staff felt it was acceptable and no need to shall not apply if she lots vtoariance ance be foorr the lot width. Andera noted that this particular provisionare created are more than four times the minimum lot area of the di vded and any otin which the lo th other located, and in computing the average, the lot or lots to be than a one or two family residential use or in other than an "R-1" or "R-2" isfornonnict h Pallll not be included. Andera also noted that the provision also notes that for developmental or ownership purposes only and divisions for zero lot line of lot sizes row ingsn 250shall not be subject to the provision. Andera noted that there is a g with the smallest lot size being 9,196 SF, and the largest being 81,680tSF, as well in the area ahows eng gthat the lot where the new lot would be split off from is the overall largest o lot is not included in the calculations. Andera notedeodifferentf hat lots sizes in the areafeels there is hnoting that at of a uniqueness to the request, as there is a large rang the proposed lot size is much closer to the average of 24,042 SF, and would appear to be very compatible and similar in lot size and lot width. Andera ance of this lot weoure ld not haveare other 8 OOOa g Floe within the surrounding area, and staff feels thatallowance impact upon the surrounding area. BOARD OF ADJUSTMENT February, 25, 2014 Minutes Holdiman questioned if the new lot, once created, would have frontage alon Road. g Hoff Road. Andera noted that the frontage of the lot will face Hoff Chris Fischels, realtor for the request, purpose of selling off some of eland sotthathat a newtethe thacan be constructed ed on the lothe split fort 1e It was moved by Chizek, seconded by Sass, to approve the request for a variance to minimum lot size provision of lots within 250; to allow for an 18,300 SF lot, 5,742 size of 24,042 SF, located at 4655 Win haven Drive. g SFa less than the minimum lot Motion carried unanimously. VARIANCE REQUEST APPROVED 2. Request by Robert and Robin Morelock for a variance to a adoption of the Zoning Ordinance to be located withinllA- for a house built after an "A -1"A - located at 135 East Airline Hi hwa 1" Agricultural District, Western gave the staff report noting that the a within the "applicant requesting to allow for a house to be located A-1 Agricultural District when not meeting the minimum lot size. the applicant is requesting to split off 3.379 acres from an existing built in 1993 will be located on the smaller lot. Western notedWestern noted that 8.37 acre lot, which the house house located in the "A-1" Agricultural District is 35 acres, and note the minimum lot size for a similar in size to other lots surroundinthat the g the area. Western noted that the Future rLanod Usesed Map size is this area designates it as Low Density Residential, therefore, the existing a compatible use. Western noted that there appears to be a lack of reasonableMap for ting home would appear only be options to legalize this situation is to purchase more property or demolish return, as the the house. Holdiman questioned if the house was illegal. Western noted that it appeared have been signed off on in incorrectly in the past, however, this was not verified. questioned if other houses in the area are ille al. We PP red that the house could atiHoldiman zoned "R-1" One and Two Family Residence Districts and are legal structurt thoseeSarticular houses are It was moved by Chizek, seconded by Sass, to approve the variance to allow for a house constructed after the adoption of the Zoning Ordinance in an "A-1"Agricultural District than 35 acres to remain, located at 135 East Airline Hi hwa y Motion on less g carried unanimously. VARIANCE REQUEST APPROVED 3. Request by Prime RE, LLC for a variance to the 600' required setback from a Protected Use for a Non -Limited Alcohol Sales Use, to allow for a setback of 0', 600' less than what is required, located at 2320 University Avenue. Voelker gave the staff report noting that the applicant is requesting a variance to the 600' required setback from a Protected Use for a Non -Limited Alcohol Sales Use (Off -Premise Consumption), to allow for a setback of 0', 600' less than what is required. Voelker noted that the site in question, as well as land to the north, south and west is zoned "C-2" Commercial District. Voelker noted that land to the east along Dundee Avenue is zoned "R-2" One and Two Family Residence District. 2 BOARD OF ADJUSTMENT February 25, 2014 Minutes Voelker noted that the request could have a negative impact upon the surrounding area, and allowance of a Non -Limited Alcohol Sales Use within 600' of a protected use could set precedence for future requests. Voelker noted that there are 120 residences (Protected Uses) within 600', with the closest being 1128 Dundee Avenue, which shares property lines with the site in question. Voelker noted that there is somewhat of a uniqueness to the request, as the site is located at the corner of a Minor Arterial and Principal Arterial. Voelker noted that Ansborough Avenue is classified as a Minor Arterial, and University Avenue is classified as a Principal Arterial. Voelker noted that similar requests have been made in the past but did not minimize the setback requirements of a Non -Limited Alcohol Sales Use to 0' from a protected use, and none have been for off -premise consumption, also known as a liquor store. Voelker noted that staff believes that locating a Non -Limited Alcohol Sales Use establishment within the 600' setback requirement would cause unnecessary hardship on surrounding Protected Uses. Chris Fischels, part owner of the building, noted that the name of the company is Smokin' Joes, and has 19 other Iowa locations. Fischels noted that it is a reputable business that sells cigarettes, cigars and alcohol. Fischels noted that this particular area is a commercial corridor, as well as noting that there is a liquor store at the northeast corner of Ansborough Avenue and Black Hawk Road, a few blocks to the south. Fischels noted that the owner is willing to put up a 6' to 8' fence to screen the use from the neighboring residential uses. Chizek questioned if there have been any complaints from surrounding property owners regarding the request. Schroeder noted that there have been a few calls, however, the variance sign got knocked over, possibly by a snow plow. Schroeder noted that the other liquor store that Fischels just recently noted at Black Hawk Road and Ansborough Avenue has agreed to be a Limited Alcohol Sales Use. Schroeder noted that he has spoken with the owner of the business and there was discussion regarding whether or not they could be classified as a Limited Alcohol Sales Use, which has no required setback from a Protected Use. Chizek questioned if a variance is granted, could the use then switch to another Non -Limited Alcohol Sales Use, such as a bar. Schroeder noted that a condition could be put in place that could limit the use as Off -Premise Consumption. Fischels noted that the owner would be willing to have certain hours and close at certain times. Pat Morrisey, Ward Three Councilperson, noted that he is opposed to this request, and there are already enough liquor stores in Waterloo. Morrisey noted that he went to front doors in the neighborhood and three individuals he spoke with are against the request. Morrisey noted that the 600' setback is in place for a reason, and this setback needs to be enforced. Holdiman noted that there are multiple alcohol sales uses in the area, noting Chaser's Pub and Maple Lanes bowling alley. Chizek made the motion to approve the request for a variance, with conditions that the store has hours of 7 a.m. to 10 p.m., and that a 6' solid fence is installed to screen 1128 Dundee Avenue from the use. Sass did not second the request, therefore, the motion failed. Sass made a motion to deny the request, however, Chizek did not second the motion, therefore, it failed. Discussion amongst the board members took place about how to proceed since both motions failed. 3 BOARD OF ADJUSTMENT February 25, 2014 Minutes It was moved by Chizek, seconded by Sass, to table the request for one month until the March 25, 2014 Board of Adjustment meeting. Motion carried unanimously. VARIANCE REQUEST TABLED IV. Adjournment It was moved by Sass, seconded by Chizek, to adjourn the meeting at 4:32 p.m. Motion carried unanimously. Respectfully submitted, Tim Andera, Associate Planner 4 MINUTES OF THE WATERLOO BOARD OF ADJUSTMENT REGULAR MEETING HELD ON MARCH 25, 2014, IN LAW COURT THEATER, CENTER FOR THE ARTS Chairperson Holdiman called the regular meeting of the Waterloo Board of Adjustment to order at 4:04 p.m. Board members in attendance were: Chizek, Goldsberry, Sass and Holdiman. Board members absent were: Mohr. Staff in attendance was Anderson, Schroeder, Western and Voelker. There were 15 people from the public in attendance. I. Approval of the Agenda for March 25, 2014. It was moved by Goldsberry, seconded by Chizek, to approve the agenda with item III (1) being moved to item III (5). Motion carried unanimously. II. Approval of the Minutes of the Regular Meeting on February 25, 2014. It was moved by Sass, seconded by Goldsberry, to approve the minutes as submitted. Motion carried unanimously. III. Decision Items 1. Request by Corey Simon for a special permit to permanently establish a non -limited alcohol sales use (on -premise Consumption), located at 2000 Hawthorne Avenue. Voelker gave the staff report noting that the applicant is requesting a special permit to permanently establish a non -limited alcohol sales use (on -premise consumption) located at 2000 Hawthorne Avenue. Voelker noted that the applicant had received a one year special permit from the Board of Adjustment at the March 12, 2013 meeting to allow for further observation of the location with the condition of a 6' solid fence be constructed along the south of the property to act as a buffer for adjacent residence. Voelker noted that conditions set at the March 12, 2013 meeting were met by the applicant and the request is now being brought before the board to allow for a permanent special permit. Voelker noted that the location was previously known as Club 2000 and was a legal non -conforming establishment but closed in mid -2012. According to the new alcohol ordinance, establishments that serve alcohol lost their legal non -conforming status three months after ceasing operations. In this case more than three months had passed so the new entity was required to obtain a special permit for a non -limited alcohol sales use. Voelker noted that throughout the year no complaints have been brought to Planning staff. Voelker noted that the Waterloo Police Department had reported 8 calls to the establishment since June of 2013 regarding 2 fights, 3 disorderly conducts, and 3 for loud music. Voelker noted that police department staff did note that having 8 calls from such an establishment is not out of the ordinary and did not express any concern regarding the permanent special permit request. Randy Soper, 1309 E Shaulis Road & president of S.A.C'S Neighborhood Pub, noted that the establishment has been very active within the community in sponsoring many children's sports clubs and fundraisers for numerous causes. Soper noted that he is in favor of the special permit and that all conditions have been met that were set at the March 12, 2013 meeting. Soper noted that they have heard of any opposition to the request and the gentlemen who was opposed last year, although not present at today's meeting, has not indicated any opposition to the request. It was moved by Chizek, seconded by Goldsberry, to approve a permanent special permit to establish a non -limited alcohol sales use (on -premise consumption), located at 2000 Hawthorne BOARD OF ADJUSTMENT March 25, 2014 Minutes Avenue. Motion carried unanimously. PERMINANT SPECIAL PERMIT WAS APPROVED. 2. Request by Robert Castro for a special permit to legalize the conversion of a single-family dwelling, located at 1132 Columbia Street. Western gave the staff report noting the applicant is requesting a special permit to legalize an existing illegally converted single-family home into a duplex to allow for the rehabilitation of the fire damaged property. Western noted that the site is zoned "R-2" One and Two Family Residence District and the house was built in 1924 and has since been converted into a duplex with one unit in the front facing Columbia and one unit facing the alley, it is not known for sure when the property was converted however the Black Hawk County Assessor's office confirmed that the property N. Discussion V. Adjournment It was moved by Goldsberry, seconded by Chizek, to adjourn the meeting at 4:43 p.m. Motion carried unanimously. Respectfully submitted, Tim Andera, Associate Planner 2 Voucher Prepared by Pauline C CITY OF WATERLOO 9002 PAYMENT VOUCHER A040714 March 24, 2014 Vendor Batch # Keyed By: Vendor Name AECOM Address City & State ************************************* Department: Engineering Grant/Project Code # Invoice Date Invoice No. Qty/Unit Amount Description G.L. Distribution 3/10/14 Inv # 1 Special Instructions Submitted By TOTAL U.S. Hwy 63 Franklin -Newell Corridor Enhancements NHSX-063-6(75)--3H-07 Invoice # 1 201/14 - 2/28/14 100% City bond money 411-07-7500-2103 3/24/14 Date Approved By Date An Equal Opportunity/Affirmative Action Employer RITLAND±KUIPER LANDSCAPE ARCHITECTS March 10, 2014 Jeff Bales, Associate Engineer Engineering Department City of Waterloo 715 Mulberry Street Waterloo, Iowa 50701 INVOICE No. 1 RE: U.S. Highway 63 Franklin -Newell Corridor Enhancements Iowa DOT Project No. NHSX-063-6(75)--3H-07 Waterloo, Iowa Summary of Fees for Invoice No. 1 RITLAND+KUIPER Landscape Architects Services performed from 02/01/14 — 02/28/14 Ritland — 2 hours @ $110.00/hr $ 220.00 Kuiper — 8 hours @ $85/hr $ 680.00 Total Billing Invoiced for Project to Date Less Previous Billing Total Amount Due Total Billing Due for invoice No. 1 Thank you, Craig Ritland, FASLA RKLA Subtotal $ 900.00 $ 900.00 - $0.00 $ 900.00 $ 900.00 0 RITLAND+KUIPER LANDSCAPE ARCHITECTS 501 SYCAMORE STREET • MEZZANINE A • WATERLOO, IOWA 50703 • PHONE 319.233.8090 • FAx 319.233.9772 • www.ritlandkuiper.com An Equal Opportunity/Affirmative Action Employer 0 m (n 0 (D w N —i 0 w O 0 N N N N 0 0 l) w w w w J J J J A .A - N N N N 0) 0) 0) 0 W W W CO J J J J CO CO CO CO algia e3!OAUl 'ON aoionul 0 C 69 69 cin cin > D V cn N 0 C W CO N 7 N O O) 1 N A pD -.a N0W 0W(i)0 01 O `• O O ,a) n 5- c , c - 7 2 7 fA 7 F 70-0 . 0) 0 0 0 0 e o m .p - 00 p0 7 CU >>7 G) G) JJ CO cn UNi o 8QN 01 J N N D1O O O O (O O OO O O N' O (n J J J U1 (n (n Cn W W W W 0 0 0 O 0 o 0 0 N N N O O O 0 W W W W 0 0 0 0 J J J J I— r r I -- -n -n r -n -I --I 0 0 (n cn O O O O J J o co 0) J J uognquisla .1.0 D m 0 0 1740Z 'tiZ 1-13-1eL 01 0 a aullned i q paaedaJd Jayonon -<n m Z --1Q < 11 CC 0 O > 2 -I mm 00 D 0 00 0 1� N A. COM 501 Sycamore Street, Suite 222 • Waterloo, Iowa 50703 • (319)232-6531 • Fax: (319) 232-0271 Invoice Invoice To: Date: March 19, 2014 Mr. Eric Thorson, P.E. Project Number: 60188622 City of Waterloo 715 Mulberry Street Invoice No: 37426379 Waterloo, Iowa 50703 Your Authorization: Advanced Notice to Proceed Dated November 12, 2010 Professional Services Agreement Dated July 18, 2011 Progress Billing: February 15, 2014 through March 14, 2014 Storm Water Lift Station Blower's Creek Dry Run Creek Direct Labor $150,669.26 $78,072.74 Indirect Costs $241,070.83 $124,916.40 Direct Expenses $2,004.60 $275.45 Stantec $2,118.00 $200.00 Terracon $3,110.50 $0.00 Fixed Fee $50,926.21 $26,388.58 Total Costs to Date $449,899.40 $229,853.17 Less Previous Billing $442,923.25 $222,480.27 Amount Due $6,976.15 $7,372.90 TOTAL AMOUNT DUE $1_4,349.05 trX 47;2,530W W /74//,�t _rD4/cpse Remit to: AECOM Technical Services, Inc • 1178 Paysphere Circle • Chicago, IL 60674 ATTN : ERIC THORSON CITY OF WATERLOO WATERLOO WATERLOO, IA 50703 Invoice Date: 19 -MAR -14 Invoice Number: 37426379 Agreement Number: 60188622 Agreement Description: Payment Term: 30 DAYS Please reference Invoice Number and Project Number with Remittance Project Number : 60188622 Bill Through Date : 15 -FEB -14 - 14 -MAR -14 Project Name : WAT-Stormwater Pump Stations — Dry Run Labor Multiplier Employee Name/Title Allyn, Todd L Eaton, Steven J Kimball, Daniel D (Dan) Kimball, Daniel D (Dan) Kimball, Daniel D (Dan) Kimball, Daniel D (Dan) Title/Expenditure Project Professional Senior Professional Staff Professional Staff Professional Staff Professional Staff Professional Total Labor Multiplier OverHead Markup Labor CPFF Total Reimbursable Expenditure Type EmployeeNendor Name Repro, Photo & Blueprint ARC Total Reimbursable Lump Sum Description Fixed Fee Labor Total Lump Sum Project Total : WAT-Stormwater Pump Stations Date Hours Rate Raw Cost 14 -MAR -14 25.00 44.00 1,100.00 21 -FEB -14 1.00 86.81 86.81 21 -FEB -14 8.00 40.00 320.00 28 -FEB -14 10.00 40.00 400.00 07 -MAR -14 7.00 40.00 280.00 14 -MAR -14 8.00 40.00 320.00 59.00 2,506.81 Date Inv Number 12 -FEB -14 11297ARCO21214 Billed Amt 2,506.81 4,010.90 6,517.71 Billed Amt 7.89 7.89 Billed Amt 847.30 847.30 7,372.90 Invoice Summaries Total Current Amount : Retention Amount : Pre -Tax Amount : Tax Amount : 7,372.90 0.00 7,372.90 0.00 Total Invoice Amount : 7,372.90 ATTN : ERIC THORSON CITY OF WATERLOO WATERLOO WATERLOO, IA 50703 Invoice Date: 19 -MAR -14 Invoice Number: 37426379 Agreement Number: 60188622 Agreement Description: Payment Term: 30 DAYS Please reference Invoice Number and Project Number with Remittance Project Number : 60188622 Bill Through Date : 15 -FEB -14 - 14 -MAR -14 Project Name : WAT-Stormwater Pump Stations - Blowers Creek Labor Multiplier Employee Name/Title Allyn, Todd L Bamsey, Robert E Bamsey, Robert E Clough, Gloria M Clough, Gloria M Coselman, Barbara L Coselman, Barbara L Eaton, Steven J Eaton, Steven J Hokanson, Karl E Kirsch, John M Schaefer, Daniel L (Dan) Schaefer, Daniel L (Dan) Schindel, Douglas W Wilke, William R Title/Expenditure Project Professional Senior Professional Senior Professional Project Support Project Support Project Support Project Support Senior Professional Senior Professional Senior Professional Project Professional Professional Professional Senior Professional Project Professional Total Labor Multiplier OverHead Markup Labor CPFF Total Reimbursable Expenditure Type EmployeeNendor Name Mileage Allyn, Todd L Total Reimbursable Lump Sum Description Fixed Fee Labor Total Lump Sum -Project-Total : WAT-Stormwater Pump Stations Date Hours Rate Raw Cost 28 -FEB -14 18.00 44.00 792.00 07 -MAR -14 4.00 72.40 289.60 14 -MAR -14 6.00 72.40 434.40 28 -FEB -14 0.50 32.00 16.00 07 -MAR -14 0.50 32.00 16.00 07 -MAR -14 1.00 26.65 26.65 14 -MAR -14 0.50 26.65 13.33 21 -FEB -14 1.00 86.81 86.81 28 -FEB -14 1.00 86.81 86.81 14 -MAR -14 2.00 53.82 107.64 14 -MAR -14 2.00 46.44 92.88 07 -MAR -14 1.50 34.01 51.02 14 -MAR -14 5.50 34.01 187.06 07 -MAR -14 1.00 74.80 74.80 14 -MAR -14 1.00 46.08 46.08 Date 26 -FEB -14 45.50 2,321.08 Inv Number EXP2514434 Billed Amt 2,321.08 3,713.74 6,034.82 Billed Amt 156.80 156.80 Billed Amt 784.53 784.53 6,976.15 Invoice Summaries Total -Current Amount Retention Amount : Pre -Tax Amount : Tax Amount : 6,976.15 0.00 6,976.15 0.00 Total Invoice Amount : 6,976.15