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HomeMy WebLinkAbout04/21/2014THE 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 21, 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 Tern) discretion. The "oral presentations" section of the agenda is your opportunity to address items not on the agenda. A speaker may speak to one (1) issue per meeting for a maximum of three (3) minutes. Official action cannot be taken by the Council at that time, but may be placed on a future agenda or referred to the appropriate department. 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. April21, 2014 Roll Call. Moment of Silence. Pledge of Allegiance: Suzy Schares, City Clerk. Agenda, as proposed or amended. Minutes of April 14, 2014, Regular Session, as proposed. Proclamation declaring April 20-26, 2014 as "Arbor Week". Page 2 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 Ivan Wieland of Screaming Eagle American Bar & Grill, 228 East 4th Street, for a variance to the Noise Ordinance and permission to close a portion of Lafayette Street (between 4th & 5th Streets) starting Thursday, May 1, 2014 and each Thursday through October 31, 2014 from 5:00 p.m. to 11:00 p.m. in conjunction with Bike Night event, including a band and the use of a PA system, together with recommendation of approval of Director of Safety Services. Submitted by Joe Leibold, Police Captain 3. Request of Alternatives Pregnancy Center for a variance to the Noise Ordinance on July 5, 2014 from 7:00 a.m. to 10:30 a.m. in conjunction with "First Steps 5K Run/ Walk" event at 1006 Decathlon Drive including a band/ DJ and the use of a PA system, together with recommendation of approval of Director of Safety Services. Submitted by Joe Leibold, Police Captain 4. Request to designate April 21-26, 2014 as National Community Development Week to commemorate the Community Development Block Grant program in the City of Waterloo, Iowa; and authorize Mayor and City Clerk to execute said document. Submitted by Rudy Jones, Community Development Director April 21, 2014 Page 3 5. Request of Herbert & Julie Smith for tax exemptions for the construction of a new single family dwelling valued at $320,000.00 located at 1967 Red Tail Drive and located in the City Limits Urban Revitalization Area (CLURA). Submitted by Noel Anderson, Community Planning & Development Director 6. Request of Brooke Schlee for tax exemptions for the construction of a new single family dwelling valued at $150,000.00 located at 4134 Mockingbird Lane and located in the City Limits Urban Revitalization Area (CLURA). Submitted by Noel Anderson, Community Planning & Development Director 7. Request of Melinda Castro Aguirre for a concrete driveway to be located at 401 Hope Avenue, together with recommendation of approval of City Engineer. Submitted by Eric Thorson, P.E., City Engineer 8. Request from Hawkeye Community College for an Exception to Burning Yard Waste to burn approximately 1.5 acres of HCC Prairie grass (east of Hawkeye Center and Campus View Drive) and six (6) acres of CVABG Prairie grass (north of Arboretum Drive, west of Hess Road) both areas within Hawkeye Community College property in Waterloo, Iowa during the period of March to May 2014, together with recommendation of approval of the Chief of Fire Services. b. Motion to approve the following: 1. Mayor Clark's recommendation of the following appointment: Appointee Board/ Commission Expiration Date New or Re - Appointment Bonetta Culp MET Transit Board 06/30/2015 New Lyn Tackett Planning, Programming and Zoning Commission 03/21/2017 Re -Appointment Marcia Courbat Memorial Hall Commission 12/31/2015 Re -Appointment Richard Hastings Memorial Hall Commission 12/31/2015 Re Appointment Ron McMahon Memorial Hall Commission 12/31/2015 Re Appointment Sherman Lundy Memorial Hall Commission 12/31/2015 Re Appointment Donald Ticknor Memorial Hall Commission 12/31/2015 Re Appointment Kathy Linda Historic Preservation Commission 04/ 18/2017 Re -Appointment April21, 2014 2. 3. 4. 5. Page 4 Approved Beer, Liquor, and Wine Applications Name & Address of Business Class New or Renewal Expiration Date Includes Sunday BH Club 910 W 5th St. Class C Liquor Renewal 01/ 12/15 X Packers Inn 201 Rath St. Class C Liquor & Outdoor Service Renewal 02/27/15 X Waterloo Softball Association 1139 Josephine St. Class B Beer & Outdoor Service New 04/ 17/ 15 X Iry Warren Memorial Golf Course 1000 Fletcher Ave. Class B Beer & Outdoor Service Renewal 03/31/15 X 6. Bonds PUBLIC HEARINGS 2. 2014 Lift Stations & Complaint Mowings with Complaint Snow Removals 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 Waste Management Services Superintendent for review. Submitted by Larry N. Smith, Waste Management Services Superintendent 3. Request by 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. 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 and recommendation of approval of Planning, Programming and Zoning Commission. Motion to receive, file, consider and pass for the first time an Ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10-4-4, approving a Site Plan Amendment on Certain Property. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt ordinance. Submitted by Noel Anderson, Community Planning & Development Director April 21, 2014 Page 5 4. Waterloo/Cedar Falls HOME Consortium 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. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING—No objections on file. Motion to close hearing and receive and file oral and written comments. Resolution authorizing said plan and authorize submission to U.S. Department of Housing and Urban Development. Submitted by Rudy Jones, Community Development Director 5. F.Y. 2014 Sidewalk Repair Program - Zone 4 and Trail Repairs, Contract No. 863. 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 City Engineer for review. Submitted by Wayne Castle, PLS, El, Associate Engineer RESOLUTIONS 6. Resolution approving Memorandum of Agreement with Waterloo Community School District in the amount of $186,000.00 to provide technology leadership, network services and supplemental technology support services to the City; and authorize Mayor and City Clerk to execute said document. Submitted by Matt OBrien, Director of Technology 7. Resolution approving Cloverdale Park Lease with Black Hawk County Board of Supervisors for the use of Cloverdale Park located at Longfellow Street and Midland Street, for a term of three (3) years, in the amount of $3.00; and authorize Mayor and City Clerk to execute said document. Submitted by Paul Noting, Leisure Services Director 8. Resolution approving submission of Cedar Trails Partnership grant fund request for a snow compacting roller to assist and enhance cross country ski grooming on City owned golf courses, in an amount not to exceed $2,000.00. Submitted by JB Bolger, Golf & Downtown Area Maintenance Manager April 21, 2014 Page 6 9. Resolution approving Surveying & Engineering Agreement with Ament, Inc. of Waterloo, Iowa, in conjunction with the Traffic Safety Improvements for three (3) high hazard intersections to include San Marnan Drive at LaPorte Road, Ansborough Avenue at Downing Avenue, and Fletcher Avenue at University Avenue; and authorize Mayor and City Clerk to execute said document. Submitted by Sandie Greco, Traffic Operations Superintendent 10. Resolution approving request by Kess and Associates on the behalf of Iowa Development Enterprises, LLC for the preliminary plat of the Replat of Summerland Farms Lot 1 into a 12 -lot residential subdivision located at the intersection of Summerland Drive and Dysart Road. Submitted by Aric Schroeder, City Planner 11. Resolution setting the date of public hearing as May 5, 2014 approving Lease Agreement with Janet Kendall -Post for a period of ten (10) years for property located on Riverside Drive just west of 903 Riverside Drive for $1.00 until December 31, 2024; and instruct City Clerk to publish notice. Submitted by Aric Schroeder, City Planner 12. Resolution setting the date of public hearing as May 5, 2014 approving Lease Agreement with George A. Ryan and Loretta R. Ryan for a period of ten (10) years for property located on Riverside Drive just east of 727 Riverside Drive for $1.00 until December 31, 2024; and instruct City Clerk to publish notice. Submitted by Aric Schroeder, City Planner 13. Resolution setting the date of public hearing as May 5, 2014 approving Lease Agreement with Darlyne Yagla for a period of ten (10) years for property located on Riverside Drive just south of 509 Riverside Drive for $1.00 until December 31, 2024; and instruct City Clerk to publish notice. Submitted by Aric Schroeder, City Planner 14. Resolution approving award of contract to Larson Construction Company, Inc. of Independence, Iowa in the amount of $3,570,000.00; and approving the Contract, Bonds and Certificate of Insurance for the F.Y. 2014 Blowers Creek Storm Water Lift Station and Dry Run Creek Improvements, Contract No. 842; and authorize Mayor and City Clerk to execute said document. Submitted by Jamie Knutson, P.E., Associate Engineer 15. Resolution approving award of contract to Aspro, Inc. of Waterloo, Iowa in the amount of $8,209,211.04; and approving the Contract, Bonds and Certificate of Insurance for the F. Y. 2014 Street Reconstruction Program (Base Bid + Alternate A + Division II), Contract No. 859 and authorize Mayor and City Clerk to execute said document. Submitted by Dennis Gentz, P. E., Assistant City Engineer April21, 2014 Page 7 16. Resolution approving the Contract, Bonds and Certificate of Insurance with Iowa Erosion Control, Inc. of Victor, Iowa in the amount of $1,094,138.38 in conjunction with the F.Y. 2014 W. Airline Highway Rehabilitation (Base Bid + Alternate 2), Contract No. 827; and authorize Mayor and City Clerk to execute said document. Submitted by Dennis Gentz, P. E., Assistant City Engineer ORDINANCES 17. 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 third time and adopt 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 18. Amendment to the City of Waterloo Zoning Ordinance No. 5079 by adding additional restrictions for "payday" loan (delayed deposit service) businesses. Motion to receive, file, consider and pass for the second time an Ordinance amending the City of Waterloo Zoning Ordinance No. 5079 by adding additional restrictions for "payday" loan (delayed deposit service) businesses. Submitted byAric Schroeder, City Planner 19. An Ordinance amending the 2007 Code of Ordinances of the City of Waterloo, Iowa, by adding a new Section 302-8-1 (3) b 5, 6 Front Yard Parking Citation to the International Property Maintenance Code Article B. (Front yard parking citation). Motion to receive, file, consider, and pass for the second time an Ordinance amending the 2007 Code of Ordinances of the City of Waterloo, Iowa, by adding a new Section 302-8-1 (3) b 5, 6 Front Yard Parking Citation to the International Property Maintenance Code Article B. Motion suspending the rules. Motion to consider and pass for the third time and adopt ordinance. Submitted by Larry Smith, Waste Management Superintendent Apri121, 2014 Page 8 20. An Ordinance amending the 2007 Code of Ordinances of the City of Waterloo, Iowa, by amending Chapter 3, General Penalty, 1-3-2 (E) Administrative Fees. (Clarification for 10 days notices of violation only). Motion to receive, file, consider, and pass for the second time an Ordinance amending the 2007 Code of Ordinances of the City of Waterloo, Iowa, by amending Chapter 3, General Penalty, 1-3-2 (E) Administrative Fees. Motion suspending the rules. Motion to consider and pass for the third time and adopt ordinance. Submitted by Larry Smith, Waste Management Superintendent 21. An Ordinance amending the 2007 Code of Ordinances of the City of Waterloo, Iowa, by amending Title 7, Public Ways & Property, Chapter 7-1-2 Prohibited Acts & Conditions Section B (3) Snow and Ice Removal. (Elimination of notice after first violation for snow. emoval). Motion to receive, file, consider, and pass for th ' first ime an Ordinance amending the 2007 Code of Ordinances of the ty of Waterloo, Iowa, by amending Title 7, Public Ways & Property, Chapter 7-1-2 Prohibited Acts & Conditions Section B (3) Snow and Ice Removal. Motion suspending the rules. Motion to consider and pass for the third time and adopt ordinance. Submitted by Larry Smith, Waste Management Superintendent OTHER COUNCIL BUSINESS 22. Purchase of Video Detection Cameras for 1-380 Ramps at San Marnan Drive and 1-380 at Mitchell Avenue. Motion to instruct Superintendent of Traffic Operations to prepare plans, specifications, form of contract, etc. Motion to receive and file plans, specifications, form of contract, etc. Resolution to preliminarily approve plans, specifications, form of contract, etc. Resolution setting date of hearing and bid opening as May 5, 2014; and instruct City Clerk to publish notice of plans, specifications, form of contract, etc. Submitted by Sandie Greco, Traffic Operations Superintendent April21, 2014 Page 9 23. Asbestos Abatement Services for the followin_q properties: 3137 Independence Avenue, 2375 Independence Avenue, 4012 Leversee Road, and 425 Almond Street. Motion to instruct Community Planning & Development Director to prepare plans, specifications, form of contract, etc. Motion to receive and file plans, specifications, form of contract, etc. Resolution preliminarily approving plans, specifications, form of contract, etc. Resolution setting date of hearing and bid opening as May 5, 2014; and instruct City Clerk to publish notice of plans, specifications, form of contract, etc. Submitted by Noel Anderson, Community Planning & Development Director ORAL PRESENTATIONS Motion to receive and file oral comments. ADJOURNMENT Motion to adjourn. Suzy Schares, CMC City Clerk/ Human Resource Director MEETINGS Monday, April 21, 2014 4:30 p.m. - Council Work Session, Council Chambers 5:00 p.m. - Boards & Commissions Committee, Law Court Theater 5:05 p.m. - Finance Committee, Law Court Theater PUBLIC INFORMATION 1. Community Development Board meeting minutes of March 18, 2014 on file in the Clerk's office. CONTRACT PAYMENT SCHEDULE 1. FY10 Ridgeway & LaPorte Rd. Intersection Improvements, Contract No. 775 Pay estimate No. 6 and final to Peterson Contractors in the total amount due of $8,413.43. 2. Orange School Sanitary Sewer Extension, Contract No. 816 Pay estimate No. 2 to Ricklefs Excavating in the total amount due of $169,287.96 April 14, 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, April 14, 2014. Mayor Ernest G. Clark in the Chair. Roll Call: Cole, Jones, Schmitt, Lind, Morrissey, Welper, and Hart. Moment of Silence. Pledge of Allegiance: Steve Schmitt, Council Member at Large. 142550 - Hart/Schmitt that the Agenda, as amended by separating regulation of pawnshop businesses to a separate Ordinance, by opening and continuing the hearing until April 21, 2014 for No. 5., and by deleting the approval of Contract, Insurance, and Bonds for No. 13, be approved for the Regular Session on Monday, April 14, 2014, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. 142551 - Hart/Schmitt that the Minutes, as proposed, for the Regular Session on Monday, April 7, 2014, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. Mayor Clark read a Proclamation declaring April 27 - May 4, 2014 as "Days of Remembrance." Mayor Clark read a Proclamation declaring April 21 - 26, 2014 as "National Community Development Week." CONSENT AGENDA 142552 - 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 April 14, 2014, in the amount of $2,241,768.83, 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. 2014-237. 2. Request of the Cedar Valley Irish Cultural Association to hold 8th Annual Iowa Irish Fest event for August 1 through August 3, 2014 and would like the City's permission to use the Lincoln Park area from Thursday, July 31st through Monday, August 4th. They have also requested the assistance with the following street closures: Park Avenue closed from Mulberry Street to Franklin from 7:00 a.m. on July 30th through 12:00 Noon, August 4th; 4th Street from Mulberry to Franklin (Franklin not closed) from 7:00 a.m. on July 31st through August 3, 2014; 4th Street from Mulberry to Lafayette from 7:00 a.m. on July 31st through August 3, 2014; Mulberry Street from Park Avenue to 5th Street from 7:00 a.m. on July 31st through August 3, 2014; together with recommendation of approval of Director of Safety Services. Resolution adopted and upon approval by Mayor assigned No. 2014-238. 3. Request of Cedar Valley Irish Cultural Association Inc. for Iowa Irish Fest for a variance to the Noise Ordinance on Friday, August 1, 2014 through Sunday, August 3, 2014 in conjunction with Iowa Irish Fest events that will be held at Lincoln Park and 4th Street from Mulberry to Lafayette Streets, including live bands and PA system, together with recommendation of approval of Director of Safety Services. Resolution adopted and upon approval by Mayor assigned No. 2014-239. 4. Request of Iowa Irish Fest Committee to hold 5K Walk/Run event to start and finish at 4th and Mulberry Street on Saturday, August 2, 2014 from 7:30 a.m., together with recommendation of approval of Director of Safety Services. Resolution adopted and upon approval by Mayor assigned No. 2014-240. April 14, 2014 Page 2 5. Request of Sherman Wise for a variance to the Noise Ordinance on Saturday, June 7, 2014 from 12:00 p.m. through 5:00 p.m. in conjunction with Community Resources & Kids Fun Day event that will be held at Sullivan Park, including a sound system provided by KBOL Radio, together with recommendation of approval of Director of Safety Services. Resolution adopted and upon approval by Mayor assigned No. 2014-241. 6. Request of Chelsea Garbes for tax exemptions for the construction of a new single family dwelling valued at $150,000.00 located at 4138 Mockingbird Lane and located in the City Limits Urban Revitalization Area (CLURA). Resolution adopted and upon approval by Mayor assigned No. 2014-242. 7. Request of LuAnn Jackson for tax exemptions for the construction of a new twin home valued at $80,000.00 located at 4166 Mourning Dove Drive and located in the City Limits Urban Revitalization Area (CLURA). Resolution adopted and upon approval by Mayor assigned No. 2014-243. 8. Request of Erin Broten for tax exemptions for the construction of a new single family home valued at $150,000.00 located at 4144 Mockingbird Lane and located in the City Limits Urban Revitalization Area (CLURA). Resolution adopted and upon approval by Mayor assigned No. 2014-244. 9. Request of Mary & Cliff Kinsel for a concrete driveway to be located at 559 Helmet Avenue, together with recommendation of approval of City Engineer. Resolution adopted and upon approval by Mayor assigned No. 2014-245. b. Motion to approve the following: 1. 2. 3. 4. 5. 6. 7. 8. Travel Requests Name & Title of Class/Meeting Destination Date(s) Amount not to Personnel Expiration Date Includes Sunday El Patron Family Mexican Restaurant 301 E. 4th St. exceed Rebecca National Fair Washington, 05/04/14- $2,900.00 Johnson, Human Housing Training Academy Week Two D.C. 05/10/14 X Rights Investigation Renewal 03/23/15 Specialist Training Class B Native Wine & Class C Beer Renewal Sergeant Tactical Firearms Defiance, MO 05/18/14- $2,911.00 Hoelscher Instructor (3 Gun) X 05/23/14 & Inv. Course Girsch Michelle Gov't Finance Minneapolis, 05/18/14- $1,360.00 Weidner, Chief Officers Assn Annual Conference MN 05/21/14 Financial Officer Approved Beer, Liquor, and Wine Applications Name & Address of Business Class New or Renewal Expiration Date Includes Sunday El Patron Family Mexican Restaurant 301 E. 4th St. Class C Liquor Outdoor Sales & Renewal 02/28/15 X Prime Mart 508 Broadway St. Class E Liquor, Class B Wine, Class C Beer Renewal 03/31/15 X Hy -Vee Food Store #1 2834 Ansborough Ave. Class E Liquor, Class B Wine, Class C Beer Renewal 03/23/15 X Casey's General Store #2879 3260 University Ave. Class B Native Wine & Class C Beer Renewal 04/18/15 X Sycamore Convenience 617-619 Sycamore St. Class E Liquor, Class B Wine, Class C Beer Renewal 03/11/15 X April 14, 2014 Page 3 Cigarette Permit Application 9. Dixon Grocery and Take Out, 926 Linn Street Fireworks Display Application 10. The VGM Group, 1111 West San Marnan Drive on June 7, 2014 at 9:30 p.m. 11. Bonds Roll call vote -Ayes: Seven. Item 1.b.10 Ayes: Six. Abstain: Cole. Item 1.b.5 Ayes: Six. Nays: One (Hart). Motion carried. PUBLIC HEARINGS 142553 - Schmitt/Welper that proof of publication of notice of public hearing on F.Y. 2014 Street Reconstruction Program, Contract No. 859, as published in the Waterloo Courier on March 31, 2014, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral objections. Mr. Hart expressed concern with the condition of the streets that have been included in the project. Mr. Schmitt clarified that the specifications for this project were not just for asphalt. 142554 - Schmitt/Welper that the hearing be closed and oral and written comments be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 142555 - Schmitt/Welper that "Resolution confirming approval 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: Five. Nays: Two (Jones, Hart). Resolution adopted and upon approval by Mayor assigned No. 2014-246. 142556 - Schmitt/Welper that "Resolution ordering construction in conjunction with F.Y. 2014 Street Reconstruction Program, Contract No. 859", be adopted. Roll call vote -Ayes: Five. Nays: Two (Jones, Hart). Resolution adopted and upon approval by Mayor assigned No. 2014-247. 142557 - Schmitt/Welper to receive and file and instruct City Clerk to open and read bids and refer to City Engineer for review in conjunction with F.Y. 2014 Street Reconstruction Program, Contract No. 859: Bidder Bid Security Bid Amount Aspro, Inc. 5% $8,209,211.04 Voice vote -Ayes: Five. Nays: Two (Jones, Hart). Motion carried. 142558 - Morrissey/Hart that proof of publication of notice of public hearing on amendment to the City of Waterloo Zoning Ordinance No. 5079 by adding additional restrictions for "payday" loan (delayed deposit service) businesses and pawnshop businesses, as published in the Waterloo Courier on March 31, 2014, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral objections and there were written objections and letters of support on file in the City Clerk's Office. Pay Day Loans Jane Nelson, 429 Allen Street Apt. 114, spoke in support of the ordinance. April 14, 2014 Antoinette Johnson, 714 Quincy Street, spoke in support of the ordinance. Marcia Buttgen, 1510 Lyon Ave., spoke in support of the ordinance. Page 4 Brittany Dierks, Veridian Regional Manager, explained what the bank has to offer for short term loans to assist individuals in breaking the cycle of using pay day lenders. Renata Sack, 414 Sunset Road, spoke in support of the ordinance. Jerry Hageman, 3052 San Salvador, spoke in support of the ordinance. He noted that Dupaco Credit Union also has money makeover loans. Al Hays, retired professor from UNI, works with low income neighborhoods in Waterloo and spoke in support of the ordinance. Pastor Nate Nimms, 930 Sunrise Blvd. spoke in support of the ordinance. Chris Schwartz, 1105 Mulberry Street, spoke in support of the ordinance. Mike Knapp, 1141 Independence Ave., spoke in support of the ordinance. Joe Gorton, 510 Wilshire Ave., Professor at UNI, spoke in support of the ordinance and explained that there is increased crime in areas with pay day lending. Margaret Whiting, 1974 Caras Road, spoke in support of the ordinance. Andrea Northey, 542 Dawson Street, spoke in opposition to the ordinance. Jerry Larson, 1007 Bishop Ave., employee at a pay day lender, spoke in opposition to the ordinance. Father George Karnik, former pastor St. Johns Church, spoke in support of the ordinance. Stacy Glasscock, 2825 Huntington Rd., spoke in support of the ordinance. Janet Schoonover, manager of a pay day loan business, spoke in opposition to the ordinance. Ruth Walker, 2208 Coventry Lane, Cedar Falls, spoke in support of the ordinance. Tom Davis, Money N More owner, presented a petition in opposition to the ordinance and spoke in opposition to the ordinance. Mayor Clark noted there are approximately 108 signatures on the petition. Craig Young, 318 W. 3rd Street, spoke in support of the ordinance. Tavis Hall, 3252 Kipling, spoke in support of the ordinance. Forest Dillavou, 1725 Huntington Road, spoke in support of passing an ordinance banning pay day lenders. Lenae Davis, Waterloo, spoke in opposition to the ordinance. Mary Potter, President of Church Row Association, spoke in support of the ordinance. Linden Miller, Money N More employee, spoke in opposition to the ordinance. Chris Sieck, 521 E. Park Ave., spoke in opposition to the ordinance. Mr. Morrissey explained the need for the ordinance. He explained that several Iowa cities have passed this sort of ordinance. Mr. Schmitt spoke in opposition to the ordinance. Mr. Lind spoke in opposition to the ordinance. Mr. Morrissey explained that the ordinance will not close existing businesses but it will limit future expansion. He read a letter from a citizen in support of the ordinance. April 14, 2014 Page 5 142559 - Morrissey/Hart that the hearing be closed and receive and file oral and written comments and recommendation of approval of Planning, Programming and Zoning Commission. Voice vote -Ayes: Seven. Motion carried. 142560 - Morrissey/Hart to receive, file, consider and pass for the first time an Ordinance amendment to the City of Waterloo Zoning Ordinance No. 5079 by adding additional restrictions for "payday" loan (delayed deposit service) businesses. Roll Call vote -Ayes: Five. Nays: Two (Lind, Schmitt). Motion carried. 142561 - Morrissey/Hart to receive, file, consider and pass for the first time an Ordinance amendment to the City of Waterloo Zoning Ordinance No. 5079 by adding regulation of pawnshop businesses. Roll Call vote -Ayes: Two. Nays: Five (Welper, Cole, Jones,• Schmitt, Lind). Motion failed. 142562 - Hart/Welper that proof of publication of notice of public hearing on Request of Jared and Lori Honermann to vacate the 50' platted building line located 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, as published in the Waterloo Courier on April 8, 2014, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Mr. Schmitt questioned if the neighborhood had been notified. Noel Anderson, Community Planning and Development Director, noted that notice is not required but the building will be in line with other buildings in the area. 142563 - Hart/Welper that the hearing be closed and receive and file oral and written comments and recommendation of approval of Planning, Programming and Zoning Commission. Voice vote -Ayes: Seven. Motion carried. 142564 - Hart/Welper to receive, file, consider and pass for the first time an Ordinance vacating 50' platted building line located 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. Roll Call vote -Ayes: Seven. Motion carried. 142565 - Hart/Welper that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll Call vote -Ayes: Seven. Motion carried. 142566 - Hart/Welper that "Ordinance vacating 50' platted building line located 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" be considered and passed for the second and third times and the ordinance be adopted. Roll call vote -Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 5207 142567 - Hart/Welper that proof of publication of notice of public hearing on 2014 Lift Stations & Complaint Mowings with Complaint Snow Removals, as published in the Waterloo Courier on March 28, 2014, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 142568 - Hart/Welper to continue public hearing on April 21, 2014. Voice Vote -Ayes: Seven. RESOLUTIONS April 14, 2014 Page 6 142569 - Schmitt/Cole that "Resolution approving Contract for Asbestos Abatement Services with AAA Budget Environmental, Inc. of Cedar Falls, Iowa, in the amount of $23,090.00, in conjunction with asbestos abatement services for 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; and authorize Mayor and City Clerk to execute said document", be adopted. Roll call vote -Ayes: Seven. Noel Anderson, Community Planning and Development Director, explained that core sampling of the roof should help eliminate change orders. Resolution adopted and upon approval by Mayor assigned No. 2014-248. 142570 - Schmitt/Cole that "Resolution approving Contract for Asbestos Abatement Services with AAA Budget Environmental, Inc. of Cedar Falls, Iowa, in the amount of $46,887.00, in conjunction with asbestos abatement services for 801-805 Commercial Street; 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. 2014-249. 142571 - Schmitt/Cole that "Resolution approving award of contract to D & G Metal Works, Inc. of Waterloo, Iowa in the amount of $78,120.00; and approving the Contract, Bonds and Certificate of Insurance for the FY2014 Boat House Roof Replacement Project, Waterloo Boat House, 707 Park Road; 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. 2014-250. 142572 - Cole/Hart that "Resolution approving award of contract to B & B Lawn Care, Inc. of Waterloo, Iowa; and approving the Contract, Bonds and Certificate of Insurance for the FY2014 Right -of -Way Mowing Contract", be adopted. Roll call vote -Ayes: Seven. Paul Huting, Leisure Services Director, noted that a large portion of the contract was awarded to B & B Lawn Care, Inc. and they provided satisfactory service. Resolution adopted and upon approval by Mayor assigned No. 2014-251. 142573 - Cole/Hart that "Resolution approving Notice of Intent for NPDES Coverage Under General Permit to the Iowa Department of Natural Resources in conjunction with F.Y. 2014 Treatment Plant Levee Tree Removal, Contract No. 868; and authorize Mayor to execute said document", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-252. 142574 - Cole/Hart that "Resolution approving award of contract to Hawkeye Alarm & Signal Company of Waterloo, Iowa, in the amount of $80,360.00 plus alternate 1 and 2 in the amount of $2,484.00, in conjunction with the City of Waterloo Public Library Security Camera Upgrade; 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. 2014-253. 142575 - Morrissey/Welper that "Resolution approving the Professional Service Agreement with AECOM Technical Services of Waterloo, Iowa, in an amount not to exceed $6,500.00 for design work, contract documents, bidding assistance, submittal reviews and on- site meetings with construction personnel, in conjunction with the East 5th Street Parking & Garage Repairs Project; 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. 2014-254. April 14, 2014 Page 7 142576 - Morrissey/Welper that "Resolution approving award of contract to Iowa Erosion Control, Inc., Inc. of Victor, Iowa in the amount of $1,094,138.38 in conjunction with the F.Y. W. Airline Highway Rehabilitation (Base bid + Alternate 2) Project, Contract No. 827; 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. 2014-255. 142577 - Morrissey/Welper that "Resolution approving Closing Agreement for 2009A BABS Bonds, in the amount of $5,106.72 (previous approval 12/16/13 for $5,000.00); 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. 2014-255A. ORDINANCES 142578 - Schmitt/Hart that "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 received, placed on file, considered and passed for the second time and adopt. Roll call vote -Ayes: Six. Ms. Cole excused herself. Motion carried. Craig Clark, Building Official, explained the ordinance. 142579 - Hart/Welper that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Four. Nays: Two (Schmitt, Lind. Ms. Cole Absent. Motion failed. 142580 - Hart/Welper that "an Ordinance amending the 2007 Code of Ordinances of the City of Waterloo, Iowa, by adding a new Section 302-8-1 (3) b 5, 6 Front Yard Parking Citation to the International Property Maintenance Code Article B", be received, placed on. file, considered and passed for the first time and adopt. Roll call vote -Ayes: Seven. Motion carried. Forest Dillavou, 1725 Huntington Road, asked for an explanation. Larry Smith, Waste Management Superintendant, explained that it reduces the notification until a citation can be issued. 142581 - Hart/Welper 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, and Lind. Motion failed. 142582 - Hart/Cole that "An Ordinance amending the 2007 Code of Ordinances of the City of Waterloo, Iowa, by amending Section 9-1B-1 thru 9-1B-5 "Parking" to the International Property Maintenance Code Article B", be received, placed on file, considered and passed for the first time and adopt. Roll call vote -Ayes: Seven. Motion carried. Larry Smith, Waste Management Superintendant, this increased the number of vehicles allowed and gives options for parking off street. Forest Dillavou, 1725 Huntington Road, clarified that this does not require hard surface. Randy Herod, 111 Highland, questioned if this will effect grandfathered properties. Mark Pregler, 5312 Hammond Ave., clarified that it won't affect attached car ports. April 14, 2014 142583 - Hart/Welper Page 8 that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Four. Nays: Three (Schmitt, Lind, Jones. Motion Failed. 142584 - Schmitt/Cole that "An Ordinance amending the 2007 Code of Ordinances of the City of Waterloo, Iowa, by amending Chapter 3, General Penalty, 1-3-2 (E) Administrative Fees", be received, placed on file, considered and passed for the first time and adopt. Roll call vote -Ayes: Seven. Motion carried. Larry Smith, Waste Management Superintendent, explained that this ordinance clarified that the administrative fees will only be for specific violations such as weeds and snow removal. 142585 - Schmitt/Morrissey that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Four. Nays: Three (Schmitt, Lind, Jones. Motion Failed. 142586 - Cole/Welper that "An Ordinance amending the 2007 Code of Ordinances of the City of Waterloo, Iowa, by amending Title 7, Public Ways & Property, Chapter 7-1-2 Prohibited Acts & Conditions Section B (3) Snow and Ice Removal", be received, placed on file, considered and passed for the first time and adopt. Larry Smith, noted that this amendment was also to include weed abatement. 142587 - Morrissey/Jones To table ordinance amendment until further information is received. Roll call vote -Ayes: Seven. OTHER COUNCIL BUSINESS 142588 - Hart/Welper that "Resolution setting date of hearing and bid opening as April 28, 2014 to approve Plans and Specifications in conjunction with the F.Y. 2014 Kimball Avenue Transportation Improvements Project, Contract No. 843; and instruct City Clerk to publish notice of plans, specifications, form of contract, etc., be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-256. ORAL PRESENTATIONS Jim Chapman, 224 Bertch, showed Council pictures of properties that have garbage in their yard. Randy Herod, 111 Highland, questioned when the animal control budget work session would be held. David Dryer, 3145 W. 4th St., asked for performance bonds on projects. Forest Dillavou, 1725 Huntington Road, thanked Larry Smith for explaining his ordinances. Mr. Morrissey asked the Courier to publish notice that there is a tax credit available for seniors and disabled individuals with low income. Dan Trelka, Director of Safety Services, explained the decrease in juvenile arrests. The State of Iowa is looking into how Black Hawk County is decreasing these statistics. 142589 - Hart/Welper that the above oral comments be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 142590 - Hart/Welper that the council adjourn to Executive Session at 7:48 p.m. Roll call vote -Ayes: Seven. Motion carried. April 14, 2014 Page 9 City Attorney Jim Walsh stated that discussion of litigation is an approved topic of Executive Session pursuant to Iowa Code Section 21.5(1)(c)(2014). EXECUTIVE SESSION 142591 - Hart/Welper that the council adjourn Executive Session at 7:55 p.m. Voice vote -Ayes: Seven. Motion carried. ADJOURNMENT 142592 Hart/Schmitt that the Council adjourn at 8:02 p.m. Voice vote -Ayes: Seven. Motion carried. Suzy Schares, CMC City Clerk/Human Resource Director CITY OF WATERLOO Council Communication City Council Meeting: Prepared: Dept. Head Signature: # of Attachments: 1 April 21, 2014 April 17, 2014 SUBJECT: Proclamation: Arbor Week April 20 — 26, 2014 Submitted by: Mayor Clark Recommended City Council Action: Summary Statement Expenditure Required Source of Funds Policy Issue Alternative Background Information: CITY OF WATERLOO, IOWA PROCLAMA11ON WHEREAS, trees provide a pleasing environment in Waterloo for the benefit of our residents and visitors; and WHEREAS, trees contribute greatly to Waterloo's positive image; and WHEREAS, the optimum reforestation of Waterloo will require public participation and cooperation, resulting in an attractive community; and WHEREAS, the Iowa Legislature has designated the last Friday in April as "Arbor Day" throughout Iowa. Now, THEREFORE, I, Buck Clark, Mayor of the City of Waterloo, Iowa, do hereby proclaim the week of April 20 — April 26, 2014 as ARBOR W in Waterloo, Iowa, and do encourage all citizens of Waterloo to celebrate this occasion and the beauty of our City by planting a tree. IN WITNESS ;f(HEREOF, I have hereunto set my hand and caused the official seal of the City of Waterloo to be affixed this 21st day of April 2014. ATTEST: A Suzy Schares City Clerk Buck Clark Mayor City of Waterloo Finance Committee Open Invoice Report For April 21 2014 Approval Finance Committee Accounts Payable Open Invoice Report Total As of Friday, April 18, 2014 EFT Transactions: 1,286,192.32 1,235,456.57 I Subtotal - as of Monday, April 212014 2,521,648.89 Workers Compensation Issued by TPA Gross Payroll Housing Authority Housing Assistance EFT's Housing Authority Housing Assistance EFT's 11,403.73 1,493,996.21 1,104.28 IBill Payment Total - Monday, April 212014 4,028,153.11 Payment to Council members or Cities: $0.00 City of Waterloo Payroll Vendor Disbursements Checks Issued and EFT JE: 1293 & 1291 Date: 04/18/14 Prepared by: BB GRAND TOTALS Vendor Check EFT Inv jrnl Fund Amount Amount Fund Amount 010 227,710.82 . 208,495.21 010 1 436,206.03 ............ ........... Deductions from Inv journal :.:;:Do:rlMt uoe:;:;: (2,179.74) 010 1 (2,179.74) 200 166,045.26 200 1 166,045.26 204 5,537.02 4,902.07 204 1 10,439.09 205 5,369.52 5,389.13 205 1 10,758.65 . ....................... ...... 224 4,114.08 Do.inotiisg•:•:* 224 2 4,114.08 224 o:not use:;::: 6,078.19 224 2a 6,078.19 266 30,071.08 34,244.38 266 1 64,315.46 283 3,652.13 4,426.40 283 3 8,078.53 290 579.69 392.71 290 1 972.40 520 15,327.82 18,542.53 520 4 33,870.35 521 5,925.62 6,110.38 521 4 12,036.00 525 8,383.39 11,084.77 525 1 19,468.16 WAR 472,716.43 297,486.03 WAR 770,202.46 WAR 945,432.86 (472,716.43) 594,972.06 1,540,404.92 (297,486.03) (770,202.46) 472,716.43 297.486.03 770,202.46 w/d amountTo: (RB) ACCTS PYBL Grand Total $ 770,202.46 1,540,404.92 1 $ 706,025.31 2 4,114.08 2a 6,078.19 3 8,078.53 4 45,906.35 Bank Acct %'�17 (RB) OVRNT $ 706,025.31 1������"` I (RB) CDBG 4,114.08 6-4/4Norbaanyki"''`ng J (RB) CDBG 6,078.19 v.° , l (USB)HOUSE 8,078.53 �Li 2'7 ( V (RB)SEW 45,906.35 Grand Total $ 770,202.46 iz=4/ ,e // 2,--,e,„‹, a‘54 4/18/2014 forms pyrll vendor disbrs banking net 041814 cks+EFT City of Waterloo Payroll Date 04/18/14 Preparer: RH GL Date 04/18/14 Banking Date 04/18/14 JE 1290 Fund Dir Dep ACH 010 204 205 224 266 283 290 423 520 521 525 Net Payroll Total Net Payroll Total Bank Acct (RB) OVRNT (RB) CDBG (USB)HOUSE (RB)SEW Net Payroll checks only Dir Dep ACH Net Payroll Total DEBIT 533,496.02 10,008.79 13,104.55 9,993.29 68,167.31 9,900.46 512.99 0.00 37,283.05 11, 362.25 22,186.92 716,015.63 Fund Dir Dep ACH 010 204 205 224 266 283 290 423 520 521 1 1 1 1 2 1 3 1 4 5 5 525 1 Net Payroll Total Dir Dep ACH 716,015.63 Net Payroll checks only w/d amount To: (WF) Payroll & 332.s, \I. $ 42,016.74, 9,993.29 x' *'''L- L-5.((/6 % % 4Y� �.a 9,900.46 48,645.30 -J19ThckA -� "�"C ) 3 2` J $ 110,555.79 1 2 3 5 533,496.02 10,008.79 13,104.55 9,993.29 68,167.31 9,900.46 512.99 0.00 37,283.05 11, 362.25 22,186.92 716, 015.63 110, 555.79 42, 016.74 9,993.29 9,900.46 48,645 30 110,555.79 ACH 605,459.84 716, 015.63 4/17/2014 forms payroll banking net.xlsx blank (2) City of Waterloo Bill Payments Bill Date 4/21/2014 Banking Date 4/22/2014 Prepared by: BB Journal Number 1310 Fund Amount Fund Amount for formula 010 848,491.30 010 1 $ 848,491.30 101 101 1 0.00 200 200 1 0.00 205 1,682.69 205 1 1,682.69 224 50,285.47 224 2 50,285.47 266 41,408.41 266 1 41,408.41 283 4,583.49 283 3 4,583.49 290 21,845.59 290 1 21,845.59 291 291 1 0.00 407 3,865.00 407 4 3,865.00 409 409 4 0.00 410 410 4 0.00 411 7,567.24 411 4 7,567.24 412 38,998.29 412 4 38,998.29 413 44,081.71 413 4 44,081.71 423 423 6 0.00 424 424 1 0.00 426 1,227.69 426 1 1,227.69 520 34,986.42 520 5 34,986.42 521 5,244.72 521 5 5,244.72 525 3,796.35 525 1 3,796.35 609 169,287.96 609 4 169,287.96 610 8,840.05 610 4 8,840.05 900 900 1 0.00 WAR 1,286,192.38 juornal total 2,572,384.76 $ 1,286,192.38 1 $ 9418,452.03 WAR formula (1,286,192.38) 2 50,285,47 3 4,583.49 Approved check total 1,286,192.38 4 272,640.25 5 40,231x4 6 0.00 w/d amount / To: (RB) ACCTS PYBL $ 1,286,192.38 Bank Acct % `(RB) OVRNT $ 918,452.03 VA l) CDBG (USB)HOUSE 50,285.47 N banking, 4,583.49 . Z/2:7 Li ,RB)GOB 272,640.25 /(RB)SEW 40,231.14 _ $ 1,286,192.38 4/22/2014 forms bill banking net.xlsx 042114 CITY OF WATERLOO Council Communication City Council Meeting: April 21, 2014 Prepared: April 15, 2014 Dept. Head Signature: Joe Leibold, Police Captain # of Attachments: Two SUBJECT: Screaming Eagle Bike Night Submitted by: Joe Leibold Captain (Waterloo Police) Recommended City Council Action: Approve the closing of Lafayette between 4`' and 5th Street, approve the noise variance for the event. Summary Statement: For the past 5 years the Screaming Eagle has hosted "Bike Night" which includes motorcycles, live music, food and alcohol service. They are asking for the same closures and variances as in years past for this event. This event brings approximately 1500 people to downtown Waterloo. The variances would be for every Thursday from May 1, 2014 to October 31, 2014 from 5 PM to 11 PM. Expenditure Required: Labor and fuel costs associated with delivery and retrieval of city barricades. Source of Funds: General Fund Policy Issue: N/A Alternative: Background Information: Waterloo City Council, The Screaming Eagle would like to thank the Waterloo City Council for allowing the closing of Lafayette between 4th and 5th Streets the past five years. This joint cooperation between the Council and The Screaming Eagle has been a very good Thursday night attraction for the City of Waterloo during the summer months. This trouble free event typically brings up to 1500 people downtown Waterloo. We again would like to ask the 2014 Waterloo City Council to grant The Screaming Eagle permission to place an aluminum fence border, as we have in the past, per indicated by our map (included) and includes the daily patio area along our building adjacent to 4th Street with the same dimensions as in the past. This request should include the same noise variance the Council has granted us in the past from 5pm-11pm every Thursday night. This request is being asked for every Thursday night May 1, 2014 through October 31, 2014. Sincerely, Ivan Wieland The Screaming Eagle American Bar & Grill Waterloo, IA APPLICATION FOR VARIANCE TO NOISE ORDINANCE APPLICANT' S NAME: alete rn- f �s E.&.- t_ c 4.--.1CEJ ( (iceC4, - APPLICANT'S ADDRESS: -2 2-8- C- cl. a C .4/6 - ci(F' APPLICANT'S PHONE #: E (S E - ANTICIPATED DATE OF VARIANCE: /'%a y /''44- r44- T Oe..i C S17:-.2-6 /4/ NAME OF EVENt,37r6-1-"cVice 7-seis fP 72, (1-- TIMES OF DAY OF VARIANCE: r ! //)0 gr) GEOGRAPHICAL LOCATION OF VARIANCE: 4w.e�•' •41/7-1--- ,,,...61 <St --5- 7\ 7\ Cage DISTANCE OF ACTIVITY FROM RESIDENTIAL PROPER11hS: „ . A8lQ6-kS 6 ` 1- 4� 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 SYS 1'hM, ETC. 1. Ot/t lv // J 1/40 /-cc c /�S tof l ( AAA �6(sem ' //f, 4/N/y Ock,67- 2. CITY COUNCIL ACTION: APPROVAL: DENIAL: - ---14 Date Police Dept. Recomm APPROVAL: DENIAL: DECIBEL LEVEL: 6 0A- Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-258 RESOLUTION GRANTING REQUEST OF SCREAMING EAGLE AMERICAN BAR & GRILL, 228 EAST 4TH STREET, FOR VARIANCE TO NOISE ORDINANCE, ORDINANCE NO. 3094. WHEREAS, Screaming Eagle American Bar & Grill, 228 East 4th Street, is requesting a variance to the Noise Ordinance and permission to close a portion of Lafayette Street between 4th and 5th Streets, starting Thursday, May 1, 2014 and each Thursday through October 31, 2014 from 5:00 p.m. to 11:00 p.m. in conjunction with Street Thunder Bike Night event, including a PA system and band, and WHEREAS, said event will exceed the limits of the Noise Ordinance, Ordinance No. 3094, and WHEREAS, said Screaming Eagle American Bar & Grill, 228 East 4th Street, has made formal application for a variance starting Thursday, May 1, 2014 and each Thursday through October 31, 2014 from 5:00 p.m. to 11:00 p.m., together with recommendation of approval of Director of Safety Services. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the request of Screaming Eagle American Bar & Grill, 228 East 4th Street, for a variance to Ordinance No. 3094, Noise Ordinance, and permission to close a portion of Lafayette Street between 4th and 5th Streets, starting Thursday, May 1, 2014 and each Thursday through October 31, 2014 from 5:00 p.m. to 11:00 p.m. in conjunction with Street Thunder Bike Night event, including a PA system and band, be and the same hereby granted. PASSED AND ADOPTED this 21st day of April, 2014. ATTEST: Suzy Sch res, CMC City Cle k 4/ nest G. C ark, Mayor CITY OF WATERLOO Council Communication City Council Meeting: April 21, 2014 Prepared: April 15, 2014 Dept. Head Signature: Joe Leibold, Police Captain # of Attachments: Two SUBJECT: Alternatives 1't Step 5K Walk/Run Submitted by: Joe Leibold Captain (Waterloo Police) Recommended City Council Action: Approve the 5K Route, and noise variance for the event, including the use of City Barricades Summary Statement: Saturday,evento ll include a 5K walk/run and AM. The Alternatives c Step 5K will host an event at 1006 Decathalon Drive. The t will amplified sound. The run will utilize the city bike trail requiring officer assistance at Campbell Avenue and the Trail. The event has two volunteer Waterloo Officers to assist with traffic, and will require City Barricades at Campbell and Ansborough. Expenditure Required: Labor and fuel costs associated with delivery and retrieval of city barricades. Source of Funds: General Fund Policy Issue: N/A Alternative: Background Information: 35 14 ' ,meersma 6k 1 I -4e 4‘4:F t=om 1=t C r .4 ill C Y April 9, 2014 Chief of Police, Waterloo, Iowa Chief Trelka 715 Mulberry Street Waterloo, IA 50703 Dear Chief Trelka; Alternatives Pregnancy Center has scheduled our second annual "First Steps 5k Run/Walk" fundraising event for Saturday, July 5th, 2014 with registration starting at 7:00 am. It will again be hosted at our office located at 1006 Decathlon Dr. I am submitting a Noise Variance form for the music/loud speaker we will have playing starting at 7:00 am and continuing until 12:00 pm. I anticipate about 200 people will be participating in the event. A route is planned for walkers and runners on the trails along Highway 63 S toward Hudson and back again. Volunteers will be posted along the route to help participants crossing intersections and for safety. I have two volunteer officers scheduled for the event. One is Officer Jonikka Lyons and the other is Reserve Officer Fred Barton III. They will assist at the crossings on Ansborough St and Martin Road. A light breakfast will be served so please invite your officers to stop by and participate in the event or if they are on duty to come over for breakfast. I am also sending a copy of this letter to Officer Leibold so he can take it to the City Council. Thanks for your time and if you have any questions please feel free to contact me at 232-5683. Have a blessed day! Janet Lyons Executive Director 319-232-5683 execdir@altemativescenter.org APPLICATION FOR VARIANCE TO NOISE ORDINANCE APPLICANT'S NAME: Alternatives Pregnancy Center APPLICANT'S ADDRESS: 1006 Decathlon Dr. Waterloo, IA 50701 APPLICANTS PHONE #: 319-232-5683 ANTICIPATED DATE OF VARIANCE: July 5th 2014 Saturday NAME OF EVENT: Alternatives' First Step 5K TIMES OF DAY OF VARIANCE: 7:00 am to 12:00pm GEOGRAPHICAL LOCATION OF VARIANCE: Private street parking lot off Ansborough Ave. and Black Hawk Rd. DISTANCE OF ACTIVITY FROM RESIDENTIAL PROPERTIES: half a block 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. The PA system will be set up on the Alternatives Property parking lot and will be used to announce races and awards as well as encouraging people to take a tour of Alternatives and playing music._ Applicant's Signature &fatilde ageotdl1 319-232-5683 Date CITY COUNCIL ACTION: Police Dept. Recommendation APPROVAL: APPROVAL: DENIAL: DENIAL: DECIBEL LEVEL: Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-259 RESOLUTION APPROVING REQUEST OF ALTERNATIVES PREGNANCY CENTER TO HOLD "FIRST STEPS 5K RUN/WALK" EVENT ON JULY 5, 2014. WHEREAS, Alternatives Pregnancy Center has requested that they be allowed to hold a "First Steps 5K Run/Walk" event on July 5, 2014, together with the approval of the Director of Safety Services, and WHEREAS, said event will begin at 7:00 a.m., with the route to start and end at 1006 Decathlon Drive. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the request of Alternatives Pregnancy Center to hold "First Steps 5K Run/Walk" event on July 5, 2014 beginning at 7:00 a.m., with the route to start and end at 1006 Decathlon Drive, be and the same is hereby approved. PASSED AND ADOPTED this 21st day of April, 2014. i -7A., Ernest G. Clark, Mayor ATTEST: Suzy Schaes, CMC City Cler Mayor BUCK CLARK COUNCIL MEMBERS DAVID JONES Ward 1 CAROLYN COLE Ward 2 PATRICK MORRISSEY Ward 3 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 14, 2014 Prepared: April 8, 2014 Dept. Head Signature: tz1 4 /.1 Rudy D. Joines, Con3nunity Development Director # of Attachments: 2 SUBJECT: National Community Development Week Submitted by: Rudy D. Jones, Community Development Director QUENTINM. Recommended City Council Action: Proclaim April 21-26, 2014 as National HART Community Development Week. Ward 4 RON WELPER Ward 5 TOM LIND At -Large STEVE SCHMITT At -Large Summary Statement: The City of Waterloo is an entitlement city receiving U.S. Department of Housing and Urban Development funding through their Community Development Block Grant (CDBG) annual allocation. The Community Development Board and staff respectfully request the Council to proclaim the week of April 21-26, 2014 as National Community Development Week in Waterloo, Iowa. Communities around the nation will join together and commemorate 40 years of funding through the Community Development Block Grant programs. The CDBG programs have helped to develop strong networks and relationships between local government, residents and many nonprofit agencies throughout the years. Please authorize Mayor Clark to sign the enclosed Resolution and Proclamation, which will acknowledge and support National Community Development Week in Waterloo. EQUAL HOUSING OPPORTUNITY CITY WEBSITE: www.cityofwaterlooiowa.corn WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer RESOLUTION NO. 2014 — RESOLUTION DESIGNATING NATIONAL COMMUNITY DEVELOPMENT WEEK FOR THE CITY OF WATERLOO, IOWA: "CDBG: 40 YEARS OF BUILDING STRONG COMMUNITIES" WHEREAS, the Community Development Block Grant (CDBG) Program was enacted, and signed into law by President Gerald Ford, as the centerpiece of the Housing and Community Development Act of 1974; and WHEREAS, the week of April 21-26, 2014 has been designated as National Community Development Week by the National Community Development Association to celebrate the Community Development Block Grant (CDBG) Program and the HOME Investment Partnerships (HOME) Program; and WHEREAS, the CDBG Program provides annual funding to the City of Waterloo as an entitlement city, with flexibility to provide decent, safe and sanitary housing, a suitable living environment and economic opportunities to low- and moderate -income people. Throughout its 40 -year history, the CDBG program has been a partnership among the federal, state and local governments, business, and the nonprofit sector which carry out activities that improve the lives and neighborhoods of low- and moderate -income families; and WHEREAS, the HOME Investment Partnerships (HOME) Program provides funding to local communities to create decent, safe, affordable housing opportunities for low-income persons. Nationally, over one million units of affordable housing have been completed using HOME funds; and WHEREAS, over the past five years, our community has received a total of $6,406,187.00 in CDBG funds and $2,881,202.00 in HOME funds. NOW, THEREFORE, BE IT RESOLVED, that the City of Waterloo, Iowa designates the week of April 21-26, 2014 as National Community Development Week with the theme: "CDBG: 40 YEARS OF BUILDING STRONG COMMUNITIES" in support of these two valuable programs that have made tremendous contributions to the viability of the housing stock, infrastructure, public services and economic vitality of our community. BE IT FURTHER RESOLVED, that this community urges Congress and the Administration to recognize the outstanding work being done locally and nationally by the Community Development Block Grant Program and the HOME Investment Partnerships Program by supporting increased funding for both programs in Fiscal Year 2015. BE IT FURTHER RESOLVED, that the Mayor and City Council encourage all citizens to join together in expressing support for the Community Development Block Grant Program. PASSED AND ADOPTED this 14th day of April, 2014. Ernest G. Clark, Mayor ATTEST: Suzy Schares, City Clerk RESOLUTION NO. 2014 — RESOLUTION DESIGNATING NATIONAL COMMUNITY DEVELOPMENT WEEK FOR THE CITY OF WATERLOO, IOWA: "CDBG: 40 YEARS OF BUILDING STRONG COMMUNITIES" WHEREAS, the Community Development Block Grant (CDBG) Program was enacted, and signed into law by President Gerald Ford, as the centerpiece of the Housing and Community Development Act of 1974; and WHEREAS, the week of April 21-26, 2014 has been designated as National Community Development Week by the National Community Development Association to celebrate the Community Development Block Grant (CDBG) Program and the HOME Investment Partnerships (HOME) Program; and WHEREAS, the CDBG Program provides annual funding to the City of Waterloo as an entitlement city, with flexibility to provide decent, safe and sanitary housing, a suitable living environment and economic opportunities to low- and moderate -income people. Throughout its 40 -year history, the CDBG program has been a partnership among the federal, state and local governments, business, and the nonprofit sector which carry out activities that improve the lives and neighborhoods of low- and moderate -income families; and WHEREAS, the HOME Investment Partnerships (HOME) Program provides funding to local communities to create decent, safe, affordable housing opportunities for low-income persons. Nationally, over one million units of affordable housing have been completed using HOME funds; and WHEREAS, over the past five years, our community has received a total of $6,406,187.00 in CDBG funds and $2,881,202.00 in HOME funds. NOW, THEREFORE, BE IT RESOLVED, that the City of Waterloo, Iowa designates the week of April 21-26, 2014 as National Community Development Week with the theme: "CDBG: 40 YEARS OF BUILDING STRONG COMMUNITIES" in support of these two valuable programs that have made tremendous contributions to the viability of the housing stock, infrastructure, public services and economic vitality of our community. BE IT FURTHER RESOLVED, that this community urges Congress and the Administration to recognize the outstanding work being done locally and nationally by the Community Development Block Grant Program and the HOME Investment Partnerships Program by supporting increased funding for both programs in Fiscal Year 2015. BE IT FURTHER RESOLVED, that the Mayor and City Council encourage all citizens to join together in expressing support for the Community Development Block Grant Program. PASSED AND ADOPTED this 14th day of April, 2014. Ernest G. Clark, Mayor ATTEST: Suzy Schares, City Clerk CITY OF WAThRLOO, IOWA POCLAMA11ON WHEREAS, the week of April 21-26, 2014, has been designated as National Community Development Week by the National Community Development Association to celebrate the Community Development Block Grant (CDBG) Program and the HOME Investment Partnerships (HOME) Program; and 'WHEREAS, the Community Development Block Grant Program provides annual funding and flexibility to local communities to provide decent, safe and sanitary housing, a suitable living environment and economic opportunities to low -and moderate -income people; and WHEREAS, the HOME Investment Partnerships (HOME) Program provides funding to local communities to create decent, safe, affordable housing opportunities for low-income persons. Nationally, over one million units of affordable housing have been completed using HOME funds; and II11��� over the past five years, our community has received a total of $6,406,187 in CDBG funds and $2,881,202 in HOME Funds; and WHEREAS, the following activities have been funded: Sidewalk Repair, Clearance and Demolition, Public Services, Boys and Girls Club, Salvation Army and Homeless Shelters, Eastside Ministerial Alliance; Habitat for Humanity, House of Hope, Pathways Behavioral Services, Operation Threshold, Rental Housing, Emergency Repairs, Housing Rehabilitation, Neighborhood Services, Fair Housing Outreach, Wheel Chair Ramps, Northeast Iowa Food Bank, Homebuyer Down Payment Assistance, New Construction, Tenant -Based Rental Assistance, Foreclosure and Credit Counseling Programs, Weatherization Programs, Basic Needs and Transportation Programs. NOW, THEREFORE BE IT RESOLVED, that the City of Waterloo, Iowa, designates the week of April 21-26, 2014, as NATIONAL COMMUNITY DEVELOPMENT WEEK in support of these two valuable programs that have made tremendous contributions to the viability of the housing stock, infrastructure, public services, and economic vitality of our community. BE IT FURTHER RESOLVED that this community urges Congress and the Administration to recognize the outstanding work being done locally and nationally by the Community Development Block Grant Program and the HOME Investment Partnerships Program by supporting increased funding for both programs in FY 2015. IN WITNESS WHEREOF, I have hereunto set my hand and caused the official seal of the City of Waterloo to be affixed this 14th day of April 2014. ATTEST: Suzy Sch., es City Clerk „Z"Lir,"//6" Buck Clark Mayor Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-260 RESOLUTION DESIGNATING NATIONAL COMMUNITY DEVELOPMENT WEEK FOR THE CITY OF WATERLOO, IOWA: "CDBG: 40 YEARS OF BUILDING STRONG COMMUNITIES". WHEREAS, the Community Development Block Grant (CDBG) Program was enacted, and signed into law by President Gerald Ford, as the centerpiece of the Housing and Community Development Act of 1974; and WHEREAS, the week of April 21-26, 2014 has been designated as National Community Development Week by the National Community Development Association to celebrate the Community Development Block Grant (CDBG) Program and the HOME Investment Partnerships (HOME) Program; and WHEREAS, the CDBG Program provides annual funding to the City of Waterloo as an entitlement city, with flexibility to provide decent, safe and sanitary housing, a suitable living environment and economic opportunities to low- and moderate - income people. Throughout its 40 -year history, the CDBG program has been a partnership among the federal, state and local governments, business, and the nonprofit sector which carry out activities that improve the lives and neighborhoods of low- and moderate -income families; and WHEREAS, the HOME Investment Partnerships (HOME) Program provides funding to local communities to create decent, safe, affordable housing opportunities for low-income persons. Nationally, over one million units of affordable housing have been completed using HOME funds; and WHEREAS, over the past five years, our community has received a total of $6,406,187.00 in CDBG funds and $2,881,202.00 in HOME funds. NOW, THEREFORE, BE IT RESOLVED, that the City of Waterloo, Iowa designates the week of April 21-26, 2014 as National Community Development Week with the theme: "CDBG: 40 YEARS OF BUILDING STRONG COMMUNITIES" in support of these two valuable programs that have made tremendous contributions to the viability of the housing stock, infrastructure, public services and economic vitality of our community. BE IT FURTHER RESOLVED, that this community urges Congress and the Administration to recognize the outstanding work being done locally and nationally by the Community Development Block Grant Program and the HOME Investment Partnerships Program by supporting increased funding for both programs in Fiscal Year 2015. Resolution No. 2014-260 Page 2 BE IT FURTHER RESOLVED, that the Mayor and City Council encourage all citizens to join together in expressing support for the Community Development Block Grant Program. PASSED AND ADOPTED this 21st day of April, 2014. rnest G. Clark, Mayor ATTEST: Suzy Schaes, CMC City Cler 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 S CHMITT At -Large CITY WATERWATERL 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 21, 2014 '� Prepared: April 15, 2014 Dept. Head Signature: # of Attachments: 2, SUBJECT: CLURA application for tax exemptions for new single family home construction located at 1967 Red Tail Dr, Waterloo, Iowa 50701. Submitted by: Noel Anderson- Community Planning & Development Director Recommended City Council Action: Resolution approving CLURA application from Herbert & Julie Smith for the construction of a new single family home located at 1967 Red Tail Dr., Waterloo, Iowa 50701, Valued at $320,000, 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 1967 Red Tail Dr, Waterloo, Iowa 50701 LEGAL DESCRIPTION Lot 14 in Audubon Park Sixth Addition, Waterloo, Black Hawk County, Iowa 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: wwwci.waterloo.ia.us WE'RE WORKING FOR YOU! An.Equal Opportunity/Affirmative Action Employer CITY LIMITS URBAN REVITALIZATION APPLICATION ��r� FOR PROPERTY TAX EXEMPTION FOR CONSTRUCTION OF NEW ONE OR TWO 7 FAMILY DWELLINGS UNDER THE PROVISIONS OF THE CITY LIMITS URBAN REVITALIZATION AREA PLAN ADOPTED BY THE CITY COUNCIL OF WE CITY OF WATERLOO. The City Limits Urban Revitalization Area (CLURA) allows property tax exemptions for newly constructed one or {wvr 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 151 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. NAME:A4--re-ert 2/7/A ADDRESS: r SIGNATURE: ,' `r.C.g.z ///O Oat) i /)' ,1(4ec‘z. Z,4 2) 92) / TELEPHONE: '/ 9-2 L'e) — —6/ % — DATE: A. What is the Address of the property being improved? / (2Y/ 2 7?ea /2-1// / t 76k -C!776 `' : A 5-67e f What is the Legal Description of the property? (May be available at County Recorder's Office on 2' floor of the Courthouse) / / cd/r20» E-� �A/644) o �felC-� ,�lkC:%/c.-2_z�`L B. What was the nature of the improvement(s)? (must be single family homes or duplex/twin homes to qualify) Aka_% c/)267/E., /10119? eL.-- C. City of Waterloo Building and Inspections Department Information: Permit Number: ,,ite2/3`" 6104)6 Date permit was issued: /L��/,% / 3 Total permit(s) valuation: D. What was the cost of the new construction? , 5/7// /7/I(. r/_l—E'./22'2S/72/6./7tF17 4797-17.c_'//3 TSG 10 Lac=?CJ, E. Estimated or actual date of completion of this new construction? ,'442x) l 43'44_ ) CITY OF WATERLOO APPROVED DENIED DATED: RESOLUTION NO: BLACK HAWK COUNTY ASSESSOR APPROVED DENIED DATED: Tauri 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 111111 Doc ID: 003246310001 Type: OEN Kind: WARRANTY DEED Recorded: $81.60/2013 Pape Itof31 6:36 PM Revenue Tax: $68.60 Black Hawk County Iowa JUDITH A MCCARTHY RECORDER Flle2014-00003473 Return To: Title Services Corporation, 603 Commercial St., Waterloo, IA 50701 Preparer: Charles P. Augustine, 531 Commercial Street, Ste. 250, Waterloo, IA 50701, (319) 232-3304 Taxpayer: Herbert J. Smith and Julie K. Smith, 608 W. Street, Dysart, IA 52224 TSC# 134759 WARRANTY DEED - JOINT TENANCY For the consideration of One and Nol100----------------- Dollar(s) and other valuable consideration, Winchester Farms. Inc. a corporation organized and existing under the laws of Iowa, does hereby Convey to Herbert J. Smith and Julie K. Smith, as Joint Tenants with Full Riehts of Survivorship, and not as Tenants In Common, the following described real estate in Black Hawk County, Iowa: Lot 14 in Audubon Park Sixth Addition, Waterloo, Black Hawk County. Subject to easements, restrictions, 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 0 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. • 41A4' 4obert J. Claassen, as President Dated: of Winchester Farms, Inc. STATE OF IOWA, COUNTY OF BLACK HAWK This instrument was acknowledged before me on this > day of 2013, by Robert J. Claassen, as President, of Winchester(Farn Inc. MARY J. BORWIG COMMISSION NO. 113901 M rr'/,! ION EXPIRES .: 10, 2013 ‘-.I,-11060 File Number: 2014-00003478 Seq: 1 Note: Base map data source Bladt Hark County. represent This map does not reprent a survey, no liability assumed for the accuracy el the data def ated herein. either expressed or implied by Black Hark County. the Black Hawk County Assessor, er their employees. 'Me City MN/atm-leo makes f warranty, express or mti im this as to the acmes, the information shown this on map, and expressly disclaims fia.fity ler the accuracy thereat. Users should refer le official plats, surveys, recorded deeds, etc. located at the Black Hawk County Assessor's ORw ler compete and earns. Information. Prepared by DeAnne Kobliska, Administrative Secretary, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, 319-291-4323. RESOLUTION NO. 2014-261 RESOLUTION APPROVING APPLICATION WITH HERBERT AND JULIE SMITH FOR TAX EXEMPTIONS ON THE CONSTRUCTION OF A NEW SINGLE FAMILY HOME VALUED AT $320,000.00 FOR PROPERTY LOCATED AT 1967 RED TAIL DRIVE IN THE CITY LIMITS URBAN REVITALIZATION AREA (CLURA), IN THE CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA. WHEREAS, Herbert and Julie Smith has submitted an application dated March 7, 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 $320,000.00 for property located at 1967 Red Tail Drive, more fully described as follows: and, Lot 14, in Audubon Park Sixth Addition, Waterloo, Black Hawk County, Iowa. Subject to easements, restrictions, covenants, ordinances and limited access provisions of records; 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 21st d.. %f April, 2014. ATTEST: uzy S hares, CMC City Clerk nest G. Clark, Mayor TWATERL,= IOWA COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319) 291-4366 Fax (319) 291-4262 . NOEL C. ANDERSON, Community Planning & Drieloptnent Director Council Communication City Council Meeting: A ril 21 2 Mayor Prepared: April 14, 2014 BUCK CLARK Dept. Head Signature: ,.` # of Attachments: 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 SUBJECT: CLURA application for tax exemptions for a new single family home located at 4134 Mockingbird Lane, Waterloo, Iowa 50702. Submitted by: Noel Anderson- Community Planning & Development Director Recommended City Council Action: Resolution approving CLURA application from Brooke Schlee for the construction of a new single family home located at 4134 Mockingbird Lane, Waterloo, Iowa 50702, Valued at $150,000 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 4134 Mockingbird Lane, Waterloo, Iowa 50702 LEGAL DESCRIPTION Crossroads Estates Replat No 1 Lot 28 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.waterlooja.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer a uG�ti v1 GI t t'c z v' Ls , -� 1 ass( sc e,, CITY ����.__LIMITS URBAN REVITALTZ,ATIO'N APPLICATION 412, �tertdz.co 0 0111, 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 1st 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: ADDRESS: TELEPHON ,h1 t SIGNATURE: 44 fki rot; (4. (Afte, A. What is the Address of the property being improved? DATE: ANzi(PLUL LI 34 Pi What is the Legal Description of the property? (May be available at County Recorder's Office on 2nd floor of the Courthouse) L (J • S S a�;Q L ��i� 12e. Lir B. What was the nature of the improvement(s)? (must be single family homes or duplex/twin homes to qualify) F„ C. City of Waterloo Building and Inspections Department Information: Permit Number: 11).2:-.2,>‘t ©moo Date permit was issued: 12-S- 1 1 D. What was the cost of the new construction? 1. c�.D Total permit(s) valuation: E. Estimated or actual date of completion of this new construction? CITY OF WATERLOO APPROVED DENIED DATED: RESOLUTION NO: BLACK HAWK COUNTY ASSESSOR APPROVED DATED: DENIED 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. S Y'S.Cors Df—ric -Poor Return To: Title Services Corporation, 603 Commercial St., Waterloo, IA 50701 Preparer: Charles P. Augustine, 531 Commercial Street, Ste. 250, Waterloo, IA 50701, (319) 232-3304 Taxpayer: Brooke N. Schlee, 4134 Mockingbird Lane, Waterloo, Iowa TSC# 140267 WARRANTY DEED - JOINT TENANCY For the consideration of One and No/100---------- Dollar(s) and other valuable consideration, Midwest Development Co. a corporation organized and existing under the laws of Iowa, does hereby Convey to Brooke N. Schlee. the following described real estate in Black Hawk County, Iowa: Lot 28, Crossroads Estates Replat No. I, Waterloo, Black Hawk County, Iowa. Subject to easements, restrictions, covenants, ordinances and Iimited access provisions of record. Grantor does Hereby Covenant with grantees, and successors in interest, that erantor holds the real estate by title in fee simple; that it has 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 grantor Covenants to Warrant and Defend the real estate against the lawful claims of all persons except as may be above stated. 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. Dated: 1—`'A-\ Kyle Skogman as President of Midwest Developme. t Co. iti' 14IS Sltta .:s of Midwest Development Co. Bv: STATE OF IOWA, COUNTY OF BLACK HAWK This instrument was acknowledged before me on this \ ''day of January, 2014, by Kyle Skogman, as President of Midwest Development Co. �rptiAiS� E` BRANDY STARKS { Commission Number 742154 O 9 tl1 z my commission Expeas I 'bins l August 09. 2015 , STATE OF IOWA, COUNTY OF BLACK HAWK gYii;\\ , Notary Public This instrp ment was acknowledged before me on this If day of January, 2014, by \I -''‘‘C‘\0..\4 S\ OU r , as `f E'CL� (.k -36e.. • , of Midwest Development Co. A, ' BRANDY STARKS I Commission Number 742154 ! * j=- My Commission Expires lows August 0S. 2015 ?\'jI\\SAI. -Z , Notary Public 1 Note: Bax map dab source b Bask Hawk County. The mop does not represent a survey. no Nobility k assumed for the accuracy of the data deknested herein, either expressed or impked by Blank Ha. County. the Bla. Hawk County Assessor, or dwir employees. The City ...doe makes no warranty, express or in... es to Me accuracy of. information shovel on Mis map and expressly aisclalms nobility for the accuracy Morsel. Users should refer to official plats, surveys,rndy Ass deeds, etc. lowt ed at Me BIa. Hawk County Assessors CRce for compete ark a.m. Information, Prepared by DeAnne Kobliska, Administrative Secretary, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, 319-291-4323. RESOLUTION NO. 2014-262 RESOLUTION APPROVING APPLICATION WITH BROOKE SCHLEE FOR TAX EXEMPTIONS ON THE CONSTRUCTION OF A NEW SINGLE FAMILY HOME VALUED AT $150,000.00 FOR PROPERTY LOCATED AT 4134 MOCKINGBIRD LANE IN THE CITY LIMITS URBAN REVITALIZATION AREA (CLURA), IN THE CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA. WHEREAS, Brooke Schlee has submitted an application dated April 11, 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 $150,000.00 for property located at 4134 Mockingbird Lane, more fully described as follows: Lot 28, Crossroads Estates Replat No. 1, 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 21St day of April, 2014. ATTEST: uzy Scl ares, CMC City Clerk nest G. Clark, Mayor CITY OF WATERLOO Council Communication City Council Meeting: April 21 2014 Prepared: April 15 2014 Dept. Head Signature: Eric Thorson PE City Engineer # of Attachments: 1 SUBJECT: REQUEST BY MELINDA CA D AOT 401 HRRE E FORAVEA CONCRETE DRIVEWAY TO BE LOCATE E Submitted by: Eric Thorson, P.E., City Engineer Recommended City Council Action: I have reviewed this request and recommend its approval subject to the following provisions: 1. Work to be performed by an approved and bonded contractor. 2. A permit is to be obtained from the office of the City Engineer prior to construction. 3. All work shall be performed under the supervision of the City Engineer and at no cost to the City of Waterloo. $7.00 cash for the purpose of recording this waiver and a copy of the legal description have been provided to the City Clerk's office. Summary Statement Attached is a request from MELINDA CASTRO-AGUIRRE for construction of a concrete driveway and placing a driveway or sidewalk on City right of way on an unimproved street, to be located at 401 HOPE AVENUE. Expenditure Required None Source of Funds None Policy Issue N/A Alternative None Background Information: This is a waiver of the City's Standard Specifications for Driveway Construction. It requires Council approval so that it can be recorded to the property, so that the waiver requirements run with the property ownership. Legal Description: LOGAN DALE HEIGHTS LOT 8 BLK 6 WAIVER Date: m_icf Honorable Mayor and City Council City Hall Waterloo, IA 50703 Council Persons: I hereby request a waiver to the driveway and sidewalk specifications for the construction of a IAA_ C , t (,' l , driveway or sidewalk located at concret r asphalt) This waiver is needed because of: ,Cr( (Address) special surface texture (i.e., exposed aggregate, brick stamped pattern, paving brick) to be used on the concrete approach. elimination of the sidewalk section due to the inability to meet requirements of the driveway and sidewalk policy, paragraph 1. asphalt driveway with the elimination of the sidewalk section. placing a driveway or sidewalk on City right of way on an unimproved street. Other: I agree to the following: 1. To remove and replace this driveway to an official elevation at no additional expense to the City of Waterloo at such time that sidewalk is constructed. 2. To remove and replace the private driveway, as needed, to an official elevation at no additional expense to the City of Waterloo at such time that curb and gutter is constructed. 3. To pay for any additional expenses for the replacement of any such textured driveway or sidewalk that has been removed for any City of Waterloo project. 4. To employ a bonded contractor who shall obtain a permit from the office of the City Engineer. 5. To have the driveway constructed according to the specifications and policies of the City Engineer and under his supervision. 6. This waiver is for this property only. Attached herewith is a payment in the amount of seven dollars ($7.00) for the purpose of recording this agreement. Respectfully submitted, I t C Printed Name of Property Own (1lelincla Cixrro Aouirrc,, Al. iijiJ Si • ' .' a of Pro • erty Owner Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-263 RESOLUTION GRANTING PERMISSION TO MELINDA CASTRO-AGUIRRE FOR A WAIVER FOR A CONCRETE DRIVEWAY TO BE LOCATED AT 401 HOPE AVENUE, AND AUTHORIZING CONSTRUCTION OF A CONCRETE DRIVEWAY AND PLACING A DRIVEWAY OR SIDEWALK ON CITY RIGHT-OF-WAY ON AN UNIMPROVED STREET. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA: WHEREAS, the City Engineer has made written application to the City Council asking that Melinda Castro -Aguirre be authorized and permitted to construct a concrete driveway and place a driveway or sidewalk on city right-of-way on an unimproved street to be located at 401 Hope Avenue, and legally described as follows: Logan Dale Heights Lot 8 Block 6, all in the City of Waterloo, Black Hawk County, Iowa; and WHEREAS, it is the sense of the Council of the City of Waterloo, Iowa, that said request should be granted. NOW, THEREFORE, BE IT FURTHER RESOLVED that permission is hereby granted to Melinda Castro -Aguirre to construct a concrete driveway and place a driveway or sidewalk on city right-of-way on an unimproved street to be located at 401 Hope Avenue, subject to the following conditions: 1. To remove and replace this driveway to an official elevation at no additional expense to the City of Waterloo at such time that sidewalk is constructed. 2. To remove and replace the private driveway, as needed, to an official elevation at no additional expense to the City of Waterloo at such time that curb and gutter is constructed. 3. To pay for any additional expenses for the replacement of any such textured driveway or sidewalk that has been removed for any City of Waterloo project. 4. To employ a bonded contractor who shall obtain a permit from the office of the City Engineer. 4. To have the driveway constructed according to the specifications and policies of the City Engineer and under his supervision. 6. This waiver is for this property only. BE IT FURTHER RESOLVED that the City Clerk is authorized and directed to forward a certified copy of this resolution to the Black Hawk County Recorder for recording and the Black Hawk County Auditor for filing in order that this said action may become a matter of official County Record. Resolution No. 2014-263 Page 2 PASSED AND ADOPTED this 21st day of April, 2014. ATTEST: Suzy Scha City Cler es, CMC Er est CERTIFICATE . Clark, Mayor 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. 2014-263, as passed and adopted by the Council of the City of Waterloo, Iowa, on the 21st day of April, 2014. Witness my hand and seal of office this 21st day of April, 2014. SEAL Suzy Scha es,CMC City Cler Application Exception to Burning Yard Waste City of Waterloo, Iowa The undersigned hereby requests that the City of Waterloo, Iowa consider the following application to allow the burning of yard waste in accordance with Section 4-3-8 of the Waterloo Code of Ordinances. 1. Name of Applicant: Hawkeye Community College 2. Address & Phone No.:Ryan Kurtz andTerri Rogers, Natural Resources Hawkeye Comm. College 319-296-2320 x. 1311 1501 E. Orange Road Waterloo, IA 50701 3. General Description of area to be burned (including size): We will be burning two areas within Hawkeye Community College property, including one prairie on land now leased to Cedar Valley Arboretum & Botanic Gardens (under their request). These areas are marked on the attached map with a description of proposed burn areas. HCC Prairie CVABG Prairie 1.5 acre (east of Hawkeye Center and Campus View Drive) 6.0 acres (north of Arboretum Drive, west of Hess Road) 4. Dates and times of burning: The areas described above will be burned first available class date March- May. We will consult with the Iowa burn forecast website as to weather conditions and burn conditions. 5. Description of Vegetation: All areas to be burned are restored native prairie species. 6. Description of management techniques:Weperform.on burnsr train onrstadeails,ti condo' prescdbe4 res, Two crews of eight personnel each, armed with backpack pumps for fire control and radios for communication. One crew on right flank, one crew on left flank of prescribed burn. One crew of four on mop up behind them using swatters and backpack pumps. The right flank crew will light a backburn only when we have a wind of 10-15 mph or less. When the backburn is at least 25 meters, we will begin the burning of the left flank. We carefully keep the right flank ahead of the left flank by twice the distance, ensuring that the fire does not leave our containment zone or fire breaks. 7. Describe containment procedures: We have defined our fire breaks with roads and mowed areas that are twelve to twenty five feet. We always begin with backburns, carry backpack pumps, rakes and shovels to extinguish hot spots or fire jumps. We have a water pumper truck for containment. We will also carry a radio to call for back up if need and a first aid kit. We alert the fire department ahead of time, our public safet s epartment, college operator, and neighb rs. ant The Waterloo City Council will act on this applicant and you will be notified of their decision. Prior to burning, please notify the Waterloo Fire Department: 1. To determine if proper weather conditions exist, and 2. To determine need for stand-by vehicles FOR CITY USE ONLY: This application has been reviewed and approved by: Approval Date LI — ► S / �/ Fire Chief Fee $50.00 Paid EXEMPT Receipt No. Y tsL'�M OL -4 -Ft„, , ()Ty? -1-4.,G1/1 ✓V 1 Cj e G Native Prairie Burn Areas Hawkeye Community College Natural Resources Management Program Native Prairie 6.05 acres Native Prairie 1.49 acres C3 Burn Area Map Created 4-2-2007 Acres calculated from digitized polygons in ArcGIS CVA&BG Prairie N. Wind CVA&BG Prairie X Ignition Point Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-264 RESOLUTION APPROVING APPLICATION FOR EXCEPTION TO BURNING YARD WASTE FROM HAWKEYE COMMUNITY COLLEGE. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Application for Exception to Burning Yard Waste from Hawkeye Community College to burn approximately 1.5 acres of prairie grass located east of the Hawkeye Center and Campus View Drive; and 6 acres of prairie grass located north of Arboretum Drive, west of Hess Road during the time period of March - May 2014, be and the same is hereby approved. PASSED AND ADOPTED this 21st df April, 2014. edi Ernest G. Clark, Mayor ATTEST: Suzy Scha es, CMC City Cler Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-264 RESOLUTION APPROVING APPLICATION FOR EXCEPTION TO BURNING YARD WASTE FROM HAWKEYE COMMUNITY COLLEGE. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Application for Exception to Burning Yard Waste from Hawkeye Community College to burn approximately 1.5 acres of prairie grass located east of the Hawkeye Center and Campus View Drive; and 6 acres of prairie grass located north of Arboretum Drive, west of Hess Road during the time period of March - May 2014, be and the same is hereby approved. PASSED AND ADOPTED this 21St daygf April, 2014. ATTEST: Suzy Scha s, CMC City Clerk Ernest G. Clark, Mayor CITY OF WATERLOO Council/Committee Communication Committee Meeting: April 21, 2014 Prepared: April 15, 2014 Dept. Head Signature: # of Attachments: 1 SUBJECT: New appointment of Bonetta Culp to the MET Transit Board Submitted by: Mayor Buck Clark Recommended City Council Action: Approval Summary Statement Expenditure Required Source of Funds Policy Issue Alternative Background Information: Ms. Culp is fulfilling the term vacated by Erin Schmitz whose term expires 6/30/15. After that date Ms. Culp will be eligible to serve her first full term. Date: RECEIVED APR 14 2014 CITY OF WATERLOO, IOWA BOARDS & COMMISSIONS APPLICATION „,?e,/ , request to be appointed to (state preference): i.MeT--17)ov) c; AtcMoi-ii7 2. Home PhoneZ1?—zn 5-16 ig Cell Phone: Ei 9- ....)- OCIa Work Phone: 3 ) - .;"..? g ? - 81 c= 7 Home Address 1 Le i 0_0 1 kir-A() ic.,_ 'Lk c e_ 1- Zi Employer E e i ic c .. - -7 _ 2 p to r 64/ Title Employer Address // .S/ •--57- Zip6de 3'7 3 3 How long have you resided in Waterloo? � years List current membership in organizations and offices held: ode C;O e tor-I/Vi e •^7 I am available for meetings: [1..m.LP1l. :?;_tisTc)on L=-ECienings I am available to serve on a Board/Commission the entire year: Wi-Ye-s- E No If no, list months not able to serve: Briefly explain your qualifications for appointment to a designated Boar /Commission: 2 6.44C•J 4-, Additional information and comments that may not be evident from information already on this foi;n:S efrl References (include phone numbers):1 --(7//e,-4.04 / -) 40 el`t z(Zef /sAP4„ — .42/1‘474c/0 a 224 c e o7y I understand this application does not bind me to accept an appointment should it be offered, nor does it guarantee an appointment to a Board/Commission. If selected, I will be available to attend appropriate training sessions. This application will remain valid and on file for one calendar year from above date. - /e/j/ci, e s ?".k e_5(1, Air) ; 5i-(,./'") eV, 1,Aoh-C4J1/ Signature ,_k, ta (tie 149 K— LI' L A R4R.14/1. 0-e e t)( -F RETURN TO MAYOR'S OFFICE, 715 MULBERRY ST., WATERLOO, IA 50703 Rev02/04 /20 4 FAX 291-4286; EMAIL: mavorwaterloo-ia.orq; PHONE 291-4301 CITY OF WATERLOO Council/Committee Communication Committee Meeting: April 21, 2014 Prepared: April 15, 2014 Dept. Head Signature: # of Attachments: 0 SUBJECT: Re -Appointment of Lyn Tackett to the Planning, Programming and Zoning Commission. Submitted by: Mayor Buck Clark Recommended City Council Action: Approval Summary Statement Expenditure Required Source of Funds Policy Issue Alternative Background Information: • Ms. Tackett's 2nd full term will expire 3/21/17. CITY OF WATERLOO Council/Committee Communication Council Meeting: April 21, 2014 Prepared: April 10, 2014 Dept. Head Signature: # of Attachments: SUBJECT: Re -appointments to Memorial Hall Commission (see below): Submitted by: Mayor Buck Clark Recommended City Council Action: Approval Summary Statement Expenditure Required Source of Funds Policy Issue Alternative Background Information: NAME ORGANIZATION REPRESENTED TERM EXPIRATION Marcia Courbat Women's Army Corp. 12/31/2015 Richard Hastings Disabled American Veterans #11 12/31/2015 Ron McMahon Cedar Valley Civil War Roundtable 12/31/2015 Sherman Lundy (alternate) Cedar Valley Civil War Roundtable 12/31/2015 Donald Ticknor Retired Officers 12/31/2015 CITY OF WATERLOO, IOWA BOARDS & C he ISSI•NS APPLICATI Date: a't- i 2//'Zoe 1. RECEIVED MAR 1 2014 /ak,Ge ✓��� (.�;-� ' , request to be appointed to (state preference): (lame Home Phone: ` T '/Cell Phone: 2. Work Phone: Home Address/./e/2/2„7„.4/ � r Zipcode5''7 ` ) Employer � C--�`' Title Employer Address "`` Zipcode How long have you resided in Waterloo? r7 years List current membership in organizations and offices held: ci✓i��cC�Yc/Z!f / / //a r> I am available for meetings %�1 ❑ P.M. ❑ Noon ❑ Evenings I am available to serve on,a Board/Commission the entire year: ❑ Yes below) ❑ Spring ❑ Summer ❑ Fall ❑ Winter / Briefly explain your qualifications for appointment to a designated Board/Commission: �' 4e) La4vwJeila. - 4fir.ar oCor teU .Sl --' nom J f ❑ No (check II Seasons Additional information and comments that ma aziv , J aJ cv of be evident from information already on this form: c. _ av ,eeic3 References (clude phone numbers): af_a_J (X, cze6 „v., -..,.,„:„€..i— ,i_iz.), , � - ah jc47,0 � Iundnd thisapplication does not bind me to accept an appoint ent should it be offered, nor does it guarantee an appointment to a Board/Commission. If selected, I will be available to attend appropriate training sessions. This application will remain valid and on file for one calendar year from date above. llwr) 40-0-c e 08/03/2010 ignature RETURN TO MAYOR'S OFFICE, 715 MULBERRY ST., WATERLOO, IA 50703 FAX 2914286; PHONE 291-4301. Date: CITY OF WATERLOO, IOWA BOARDS & COMMISSIONS APPLICATION RECEWED MAR 1 n 2014 1. (Name) `.Y ,r'n. f.uR.)AL A ) ti�-� �, request to be appointed to (state preference): V 2. 3i`1 — " Work Phone: Home Phone: � � ��.� �� •� Cell Phone: d- `' I —� r�. Zipcode v 6 ) Home Address d Q s L ri C fi LI) ice; Employer Title Employer Address Zipcode How long have you resided in Waterloo? years List current membership in organizations and offices held: A,s,1 va..4 e (" ) 0 } \,),,x S i e I am available for meetings:' 7 A.M. Q P.M. Noon a Evenings I am available to serve on a Board/Commission the entire year: Ires ❑ No (check below) ❑ Spring ❑ Summer ❑ Fall ❑ Winter ❑ All Seasons Briefly explain your qualifications for appointment to a designated Board/Commission: LC, r.) Additional information and comments that may not be evident from information already on this form: References (include phone numbers): I understand this application does not bind me to accept an appointment should it be offered, nor does it guarantee an appointment to a Board/Commission. If selected, I will be available to attend appropriate training sessions. This application will remain valid and on file for one calendar year from date above. 08/03/2010 Signature RETURN TO MAYOR'S OFFICE, 715 MULBERRY ST., WATERLOO, IA 50703 FAX 291-4286; PHONE 291-4301. Date: CITY OF WATERLOO, IOWA BOARDS & COMMISSIONS APPLICATION , request to be appointed to (state preference): (Name) 2. Home Phone: Cell Phone: Work Phone: Home Address Employer , Title Zipcode Employer Address Zipcode How long have you resided in Waterloo? List current membership in organizations and offices held: years / V, I am available for meetings: ❑ A.M. ❑ P.M. ❑ Noon I am available to serve on a Board/Commission the entire year: below) ❑ Spring Briefly explain evenings ,EYes ❑ No (check ❑ Summer ❑ Fall ❑ Winter E All Seasons your qualifications for appointment to a designated Board/Commission: it4e /1746r I i ..r1 c).4" 71-x) Cft e Additional information and comments that may not be evident from information already on this form: References (include phone numbers): 0 C I understand this application does not bind me to accept an appointment should it be offered, nor does it guarantee an appointment to a Board/Commission. If selected, I will be available to attend appropriate training sessions. This application will remain valid and on file for one calendar year from date above. 08/03/2010 Signature RETURN TO MAYOR'S OFFICE, 715 MULBERRY ST., WATERLOO, IA 50703 FAX 291-4286; PHONE 291-4301. Date: J��,/ (.7 I, CITY OF WATERLOO, IOWA BOARDS & COMMISSIONS APPLICATION ernes �u v %� , request to be appointed to (state preference): 1./% /1r GNaf e) n,ISs)�'�1 2. RECEIVED MAR 0 3 2014 Home Phone: 266 1/0-C 3-C Cell Phone:- 7 ` ,r5 1 go Work Phone: 2'`' ✓ E� S-6:3 Home Address J/0, J/eJ7 , Zipcode :�C26'j ? Employer gr/AV 4, 47,Lizerc AO ? Title : / %6 Employer Address I(0 0,,: 1 Li,C /2i,t.z tie ,c CL /S Zi code c er20 `' How long have you resided in Waterloo? ilYyears % 9 List current memb-rsh'iip in organizations and oftic s held: %Cru �'r✓ �/ el ,...7 v/ l _ =-7 r_,r-4 Je } 6 Get/C , feAsioqi A ha t f cr JAG v h -t : Q d 194, vkeigv ,,:.#,-) zi ili 1 e,k, 4c i.-- ‘f.6trii Xl. 41,,,,c/ ] 44 'Al dma_pit.,,e..4, J I am available for meetings: A.M. P.M. 11 -Noon Evenings I am available to serve on a Board/Commission the entire year: `7 Yes ❑ No (check below) ❑ Spring ❑ Summer ❑ Fall Briefly explain your qualifications for appointment to ❑ Winter ❑ All Seasons designated Board/Commission: Additional information and comments that may not be evident from information already on this form: References (include phone numbers): o h c A ) k-(76 I understand this application does not bind me to accept an appointment should it be offered, nor does it guarantee an appointment to a Board/Commission. If selected, I ill be available to a d appropriate training sessions. This application will remain valid and on fi or orcalendar year f late above. 08/03/2010 Signature RETURN TO MAYOR'S OFFICE, 715 MULBERRY ST., WATERLOO, IA 50703 FAX 291-4286; PHONE 291-4301. CITY OF WATERLOO, IOWA BOARDS a COr MlSSl � S APPLUCA.TG =N RECEIVE MAR 0 2014 Date: '</,I '/rc, r- /C I, /7(9iva I d z, (`) , request to be appointed to (state preference): (Name) 1. r,k-yq ?a//& 2. Home Phone: 2 3 2 ?el Cell Phone: 2 z/L? /6 Work Phone: Home Address /'/'/6 R,4;/ /- 5 t. (42 :6, /en / Zipcode Employer ik �--/j' �L,4 Title Employer Address Zipcode How long have you resided in Waterloo? List current membership in organizations and offices held: years Ft -Ass G ,4371t4, -;c4 I am available for meetings: II A.M. q P.M. Noon D Evenings I am available to serve on a Board/Commission the entire year: I4 Yes ❑ No (check below) ❑ Spring ❑ Summer ❑ Fall ❑ Winter at All Seasons Briefly explain your qualifications for appointment to a designated Board/Commission: 411a1;2_1( ...�L� .(t� t!�' - • Additional information and comments that manot be evident from information already on this form: `%�l -vee -EzA4f L 7,44_?71't /- a-,i�=haej C,W,4 d /It /-ter., ,LL �Y� r t References (include phone numbers): y J age) /2t Z t Z 79 I understand this application does not bind me to accept an appointment should it be offered, nor does it guarantee an appointment to a Board/Commission. If selected, I will be available to attend appropriate training sessions. This application will remain valid and on file fo,r_one calendar year from date above. Signature RETURN TO MAYOR'S OFFICE, 715 MULBERRY ST., WATERLOO, IA 50703 08/03/2010 FAX 2914286; PHONE 291-4301. Ftp „eAL," CITY OF WATERLOO Council/Committee Communication Committee Meeting: April 21, 2014 Prepared: April 15, 2014 Dept. Head Signature: 6 # of Attachments: 0 SUBJECT: Re -appointment of Kathy Linda to 2nd term on the Historic Preservation Commission. Submitted by: Mayor Buck Clark Recommended City Council Action: Approval Summary Statement Expenditure Required Source of Funds Policy Issue Alternative Background Information: • Ms. Linda's 2"d term will expire 4/18/17. RIGHT OF WAY 55207658 95 BA G306 0 IA 566225 BD 7900649534 95 BA G517 8 70974506 2180297 W150162716 69173956 55-198491 IA 577939 RLI0641345 IA 560322 BONDS FOR COUNCIL APPROVAL APRIL 21, 2014 CONSTRUCTION BOND (EXPIRES 4/30/15) KOELKER EXCAVATING, INC. IOWA FLATWORKS B & B BUILDERS & SUPPLY BENTON SAND & GRAVEL, INC. PAOLO TROIANO DBA MIDWEST GENERAL CONSTRUCTION DAVID C YOUNGBLUT DBA LOW DOLLAR PLUMBING & HEA MIKE DOLAN CONCRETE & MASONRY, INC. BRAD COLVIN MELI, LLC DAVE SCHMITT CONSTRUCTION CO., INC. MICHAEL B. GEISLER DBA GEISLER BUILDERS DIG AMERICA UTILITY CONTRACTING, INC. CHAD KARR AMOUNT: $5,000.00 MARION, CEDAR FALLS, WATERLOO, CEDAR FALLS, WATERLOO, TING JESUP, WATERLOO, WATERLOO, WATERLOO, CEDAR RAPIDS, CEDAR FALLS, BONDURANT, WATERLOO, IA IA IA IA IA IA IA IA IA IA IA IA IA CITY OF WATERLOO, IOWA CITY ATTORNEY'S OFFICE 715 Mulberry Street • Waterloo, IA 50703 • (319) 291-4327 Fax (319) 291-4286 April 16, 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 16, 2014. Of the 13 bonds submitted, 12 were approved and 1 was rejected, as shown on the attached list. Very truly yours, a id R. Zellhoefer Assistant City Attorney DRZ:sda CITY WEBSITE: www.cityofwaterlooiowa.com WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer :Mayor BUCK CLARK COUNCIL MEMBERS OOOOO DAVID JONES Ward I CAROLYN COLE Ward 2 PATRICK MORRISSEY Ward 3 QUENTIN HART Ward 4 RON WELPER Ward 5 TOM LINTD At -Large STEVE SCHMITT At -Large OF WA !TRW 0, WASTE MANAGEMENT SERVICES 3505 EASTON AVE. WATERLOO, IA 50702 (319) 291-4553 FAX (319) 291-4523 LARRY N. SMITH SUPERINTENDENT Council Communication City Council Meeting: March 24, 2014 Prepared: March 18, 2014 Dept. Head Signature 2- # of Attachments: SUBJECT: 2014 Lift Stations & Complaint Mowings With Complaint Snow Removals Submitted by: Larry N. Smith Recommended City Council Action: Approval of request to prepare plans, specification, form of contract and to set date of hearing and bid opening as April 14, 2014 for the 2014 Lift Stations & Complaint Mowings With Complaint Snow Removals Summary Statement Expenditure Required Source of Funds 525-15-5125-1390 Policy Issue Alternative Hire part time temporary employees through an agency Background Information: WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer sf- STATE OF IOWA, } Black Hawk County, SS 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 MOW' G will he nnener inven N 1. L 17 6 (l�nD)JJ)G ans `00'4$ to ;sop e le Aiadogd pauMo APO ;o aoueAanuoo pue ales ay; ezpoylne pus 011 'sluawlsenul pus)O 141!M luewaeJ6V Tuawdolenaa !eluewelddnS pue luew -aa)6y luewdolenaa J84s54'4 5 OM i8Wa 04 'SMol 'oopaleM ;o 4110 all 4o 1100000 egg Ay Play eq II!M 6uueay oggnd 5 ' 40L0S VI 'oopaleM Iel3Jawwo3 SZZ '5LV 8144 1o; 1841180 oopaleM le gamey" 11n00 Mel ay; u! "w'd 0£5 4e '171.0? 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JO 'pep!nad lou s! 405J1uo0 all 40 luewllq!nl u! peep a ;1 (£) 40e)11100 all 40 4USWIl!;In; u! peep a o4 Pelt!lua si pus alels3 leas 814 ;o uo!ssessod le0!slyd u! s! aapuan (Z) '(„ elels3 lean„ all )ageu!eleq) eMOI 'Aun03 )!Meg{ 110519 'oopa4eM ;o MOU UMO4 a !:._... egf UI I do solemnly swear that the annexed copy of legal City of Waterloo Notice to Bidders — 2014 Right-of-way mowing 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 $73.09 l adercli(9.„ Signed Subscribed and sworn to before me this q Day of Ap' A.D., 20 \Lt CLOC Vfl(-4 Received of Notary Public the sum of Dollars. In full for publication of the above notice. JODI E MCKih1S1 BB cOMMISS!0NO.78- G�3 My CG!' ' • mit CITY OF WATERLOO, IOWA LEISURE SERVICES COMMISSION NOTICE OF PUBLIC HEARING On Proposed Specifications and the NOTICE TO BIDDERS for 2014 RIGHT-OF-WAY MOWING RECEIVING OF BIDS Sealed proposals will be received by the City Clerk of the City of Waterloo, Iowa, at her office in City Hall, Waterloo, Iowa, on Monday, April 7, 2014, until 12:00 NOON., for the 2014 RIGHT-OF-WAY MOWING as described in the plans and specifications now on file in the City Clerk's office and the Waterloo Leisure Services Commission office. OPENING OF BIDS All proposals received for the RIGHT-OF- ,,sv ',Arm Nr] ,,ill a nnanc ri irk /ono J L 17 E 6 ans '00'4$ to lsoo e le A.ladold pauMo ASO to aoueAanuoo pus ales ail azuoylns pus DTI `sluawlsanul puet0 11PM luawaw6V luewdolenea leluawalddn5 pue wow -aw6V luawdolanea 1alsey1 a olu! _Iowa of 'enrol 'oopaleM 10 ASO 0111 to Hounoo ail 4q play aq II!M 6uusay opgnd s ' 40LOS VI 'oo1181SM 'l00w1S le!wawwo0 922 'st.V syl poi ialua0 oopaleM le Jamey' Ino0 Mel 0113 u! ''w'd 0£:5 le 'bi.0Z 'I!JdV l0 4ep 111E 0113 uo leyl uenl6 Agway s! O0IION :NH30NO0 AVIV 11 INOHM Ol ONIIdV3H 011Bfld AO 3OLLON aapuan Jol s4aw011V VOCE -2£2 (6I£) 40L05 VI 'oopaIEM 0SZ 'a1S "lS Ie!wewwo0 4£S '0'd 'epalssa'6 uau!aJI 'J0455 'eu5sn6nV ')115101:1O '1151>i auitsn6nV .d sa11s110 b106'64 4o1eA :alfa :Jepunwayl seepues leu!6uo ail of lsaialu! u! Josseoons se 'eepuaA ul palsan aney loeJlu00 0113 japun sJopuan ail to s146u eql ya111 areo!pu! Ol EMOI 10 ep00 ail 10 L9'859 uogoes ul pep!nwd se spJooai Aunoo 0113 1301100 Heys Jol!pne 0113 uodnOJegM 'eMol to apo0 011110 4Z1g49 uo!lDes yl!M eouelldwoo pus puewaa s!yl to °o!nwes 6uiwoys 8nep!Ns ue alb 45W aapuan 'puewaa slip to eo!mas 10 s/ep Sy u!4p!M peouawwoo you SI loslluoO ail l!ayol JO esoloaiot of uo!10e US 1110 'pepinad you Si loewluo0 0111 to luewlllllnl ui peep 5 II (£) yoSJluo0 011t to luawll9lnl U! peep e of passua s! pus 015153 lead ail to uoissassod leo!sAyd ui 5! aapuan (6) '(„eIels3 SON 0111 Jalleuieyeq) eMol 'Auno3 mMeH )19E18 'oopaieM to (40 Mou) uMol ail of uo41•PV se4eH u! STATE OF IOWA, } Black Hawk County, SS I do solemnly swear that the annexed copy of legal City of Waterloo Notice to Bidders — 2014 Right-of-way mowing 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 $73.09 Signed Subscribed and sworn to before me this q Day ofpci A.D., 20 1 cicLoC. atquia\* Notary Public Received of the sum of Dollars. In full for publication of the above notice. l •1 l• JODI E MCKINSTRY COMM!3& C+N elf722413 aw ccrpl� 1, CITY OF WATERLOO WASTE MANAGEMENT SERVICES BID TAB 2014 LIFT STATIONS & COMPLAINT MOWINGS WITH COMPLAINT SNOW REMOVALS The Waste Management Services Department is seeking bids for 2014 Lift Stations & Complaint Mowing with Complaint with Snow Removal aut 1 NAME &ADDRESS B & B Lawn Care, Inc. Waterloo, IA Cedar Valley Lawn Care, Inc. Waterloo, IA Fleming's Landscaping & More Waterloo, IA Robert C. Hauptly Construction Waterloo, JA BID OPTION A Price Per Occurrence acts' '° BID OPTION B Price Per Occurrence c;(5-(5.'16 VC'16 it 0, A7 BID OPTION C Price Per Man Hour BID OPTION D Price Per Acre c960, 426 /o`ZD,BD i6, BID OPTION E Price Per Man Hour s's" CITY OF WATERLOO WASTE MANAGEMENT SERVICES BID TAB 2014 LIFT STATIONS & COMPLAINT MOWINGS WITH COMPLAINT SNOW REMOVALS The Waste Management Services Department is seeking bids for 2014 Lift Stations & Complaint Mowing with Complaint with Snow Removal NAME &ADDRESS BID OPTION A Price Per Occurrence BID OPTION B Price Per Occurrence BID OPTION C Price Per Man Hour BID OPTION D Price Per Acre BID OPTION E Price Per Man Hour B & B Lawn Care, Inc. Waterloo, IA $700.00 $800.00 $48.00 $200.00 $75.00 Cedar Valley Lawn Care, Inc. Waterloo, IA $340.00 $720.00 $85.00 $120.00 $85.00 Fleming's Landscaping & More Waterloo, IA S290.00 $340.00 $34.00 $120.00 $48.00 Robert C. Hauptly Construction Waterloo, IA $295.00 $345.00 $33.00 $50.00 $33.00 Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-265 RESOLUTION CONFIRMING APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, ESTIMATED COST, ETC., IN CONJUNCTION WITH THE 2014 LIFT STATIONS AND COMPLAINT MOWINGS WITH COMPLAINT SNOW REMOVALS. WHEREAS, the City Council of the City of Waterloo, Iowa, heretofore instructed the Superintendent of Waste Management Services of said City to prepare proposed plans, specifications, form of contract, etc., for the 2014 Lift Stations and Complaint Mowings with Complaint Snow Removals, in the City of Waterloo, Iowa, and WHEREAS, said Superintendent of Waste Management Services did file said preliminary plans, specifications, form of contract, etc., for the 2014 Lift Stations and Complaint Mowings with Complaint Snow Removals, which were preliminarily approved by Resolution No. 2014-203 on March 24, 2014, and 2014. WHEREAS, a public hearing, upon notice, was held on April 21, NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that said proposed plans, specifications, form of contract, etc., for the 2014 Lift Stations and Complaint Mowings with Complaint Snow Removals, in the City of Waterloo, Iowa, be, and the same are hereby, approved as filed. PASSED AND ADOPTED this 21st day of April, 2014. ATTEST: Ernesst G. Clark, Mayor Suzy SchaFes, CMC City Clerk Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-266 RESOLUTION AUTHORIZING TO PROCEED IN CONJUNCTION WITH THE 2014 LIFT STATIONS AND COMPLAINT MOWINGS WITH COMPLAINT SNOW REMOVALS. WHEREAS, by Resolution No. 2014-265, plans, specifications, form of contract, etc., in conjunction with the 2014 Lift Stations and Complaint Mowings with Complaint Snow Removals, in the City of Waterloo, Iowa, have been approved and adopted by this Council after the public hearing on April 21, 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 21st day of April, 2014. /(4A-17 e. d Ernest G. Cl yk, Mayor ATTEST: Suzy Scha1res, CMC City Clerk Mayor BUCK CLARK COUNCIL MEMBERS DAVID JONES Ward I CAROLYN COLE Ward 2 HAROLD GETTY Ward 3 QUENTIN HART Ward 4 RON WELPER Ward 5 BOB GREENWOOD At -Large STEVE SCHMITT At -Large CITY OF WATERLOO, IOWA COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319) 291-4366 Fax (319) 291-4262 NOEL C. ANDERSON, Community Planning & Development Director Council Communication City Council Meeting: April 7, 2014 Prepared: April 2, 2014 Dept. Head Signature: # of Attachments: 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: wwwci.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-- 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 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 g l2:45 fq t 1 942.05 Mated tett kii•eAtSi - e1.7.v2,!1.7) 19:42-1151 14.45/44 A=4; / • 6 11. IL- I - 4." 14,1k V 4-4 I '.; , ' - --- - -1- ; I Frs VAT' r,; 7 APPLICATION SITE PLAN AMENDMENT TO A "R -P", "M -P", "C -P", "B -P", "S_i" OR "C -Z" DISTRICT CITY OF WA 1'LRLOO PLANNING, PROGRAMMING, AND ZONING COMMISSION, WATERLOO, IOWA 319.291.4366 New or Overall Amendment Individual Building Y) Minor change (check one) (Minor Change must be approved by staff) 1. APPLICATION INFORMATION: a. Applicant's name (please print): II -6V C,A-ts,Itt Addr s: i Co titQ — L -CAA./ SS 4 Phone: 23S' Fax: '2-3(0 -72-41 City: V ak iob State: -wA- Zip: S 0 -101 b. Status of applicant: (a) Owner (b) Other ?o (CHECK ONE): If other explain: c. Property owner's n e if di e nt than above (please print): ( o 7-W ,zUp � i , 5 J, 4 Address; rtD�1\71oo Phone: Fax: City: lr.l t rz- State:` e '&- Zip: 2. PROPERTY INFORMATION: a. General location of site plan to be amended: la` r Lai 2, n2 9��nr� r b. Legal description of property or portion to be amended: VIS 1 t51 i2 Zso r Zi --- 01 / c. Dimensions of proposed site plan amendment: ,i Z .s X 35'c7 �� d. Area of proposed site plan amendment: era' ,�� /'A�0,60 5,.. v.,�af3:.w•y s... ?A Rk,,,,., :i e)r;« e. Current zoning: M 2 - 17, { fpL ,v„sp 4, y 4z-, 9, s 't.) j �} _ �} f. Reason(s) for site plan amendment and proposed use(s) of property: `�? dLes�u�-f / ' 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 ard�s to the request. .,,,Akkic> Sig tore of A licat 13 Date 3 8 STATE OF IOWA, Black Hawk County, SS NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Notice is hereby given that on the 21st 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, a public hearing will be held by the Council of the City of Waterloo, Iowa, on the 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, legally described as follows: Northeast Industrial Park Plat No. 1, Lot 4, City of Waterloo, Black Hawk County, State of Iowa. Anyone interested may appear at that 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 7th day of April, 2014. Suzy Schares City Clerk I do solemnly swear that the annexed copy of legal City of Waterloo Public Hearing — Harris Cleaning Site Plan Amendment Notice was published in the Waterloo -Cedar Falls Courier, a daily newspaper printed in Waterloo, Black Hawk County, Iowa, once commencing on the 11th day of April, 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 $12.49 Subscribed and sworn to before me this Day of r�I J4-1 A.D., 20 lLI Received of Notary Public the sum of Dollars. In full for publication of the above notice. JODI E MCKINSTRY COMMISSION NO.7 2413 • MY CCM' TES Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. ORDINANCE NO. 5208 AN ORDINANCE AMENDING ORDINANCE NO. 5079, AS AMENDED, CITY OF WATERLOO ZONING ORDINANCE, BY AMENDING THE OFFICIAL ZONING MAP REFERRED TO IN SECTION 10-4-4, A SITE PLAN AMENDMENT TO THE "M -2,P" PLANNED INDUSTRIAL DISTRICT. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA: Section 1. That the Official Zoning Map referred to in Section 10-4-4, of Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, be amended to approve 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, legally described as follows: Northeast Industrial Park Plat No. 1, Lot 4, City of Waterloo, Black Hawk County, State of Iowa; and subject to the following condition: 1. That the final site plan meets all applicable city codes, regulations, etc. including, but not limited to, parking, landscaping, drainage, etc. Section 2. That the City Clerk be, and she is hereby directed to file a certified copy of this Ordinance with the Recorder of Black Hawk County, Iowa. INTRODUCED: PASSED 1st CONSIDERATION: PASSED 2nd CONSIDERATION: PASSED 3rd CONSIDERATION: PASSED AND ADOPTED this ATTEST: j(Ncii) Suzy Schares, CMC City Clerk 21st April April April April 21, 2014 21, 2014 21, 2014 21, 2014 day of April, 2014. Ernest G. Clark, Mayor 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 Ordinance No. 5208 as passed and adopted by the City Council of the City of Waterloo, Iowa, on the 21st day of April, 2014. 2014. SEAL Witness my hand and seal of office this 21st day of April, uzy chares, CMC City Jerk STATE OF IOWA, } Black Hawk County, SS ORDINANCE NO. 5208 AN ORDINANCE AMENDING ORDI- NANCE NO. 5079, AS AMENDED, CITY OF WATERLOO ZONING ORDINANCE, BY AMENDING THE OFFICIAL ZONING MAP REFERRED TO IN SECTION 10-4-4, A SITE PLAN AMENDMENT TO THE "M -2,P" PLANNED INDUSTRIAL DISTRICT. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATER- LOO, IOWA: Section 1. That the Official Zoning Map referred to in Section 10-4-4, of Ordi- nance No. 5079, as amended, City of Waterloo Zoning Ordinance, be amended to approve 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, legally described as follows: Northeast Industrial Park Plat No. 1, Lot 4, City of Waterloo, Black Hawk County, State of Iowa; and subject to the following condition: 1. That the final site plan meets all applicable city codes, regulations, etc. including, but not limited to, parking, landscaping, drainage, etc. Section 2. That the City Clerk be, and she is hereby directed to file a certified copy of this Ordinance with the Recorder of Black Hawk County, Iowa. INTRODUCED: April 21, 2014 PASSED 1st CONSIDERATION' April 21, 2014 PASSED 2nd CONSIDERATION: April 21, 2014 PASSED 3rd CONSIDERATION: April 21, 2014 PASSED AND ADOPTED this 21st day of April, 2014. Ernest G. Clark, Mayor ATTEST: Suzy Scharer, CMC City Clerk I do solemnly swear that the annexed copy of legal City of Waterloo Ordinance No. 5208 Notice was published in the Waterloo -Cedar Falls Courier, a daily newspaper printed in Waterloo, Black Hawk County, Iowa, once commencing on the 12th day of May, 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 $21.74 C/C---2113-2Y-CCit Signed Subscribed and sworn to before me this 1 Day of A.D., 20 'Li J Qoee e- Yne/ Notary Public Received of the sum of Dollars. In full for publication of the above notice. l E MCKINS1"1 CGmm!z,z4GH NO.7'24?;3 MYCO?i € + ;,rS 'a M* Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. ORDINANCE NO. 5208 AN ORDINANCE AMENDING ORDINANCE NO. 5079, AS AMENDED, CITY OF WATERLOO ZONING ORDINANCE, BY AMENDING THE OFFICIAL ZONING MAP REFERRED TO IN SECTION 10-4-4, A SITE PLAN AMENDMENT TO THE "M -2,P" PLANNED INDUSTRIAL DISTRICT. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA: Section 1. That the Official Zoning Map referred to in Section 10-4-4, of Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, be amended to approve 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, legally described as follows: Northeast Industrial Park Plat No. 1, Lot 4, City of Waterloo, Black Hawk County, State of Iowa; and subject to the following condition: 1. That the final site plan meets all applicable city codes, regulations, etc. including, but not limited to, parking, landscaping, drainage, etc. Section 2. That the City Clerk be, and she is hereby directed to file a certified copy of this Ordinance with the Recorder of Black Hawk County, Iowa. INTRODUCED: PASSED 1St CONSIDERATION: PASSED 2nd CONSIDERATION: PASSED 3rd CONSIDERATION: PASSED AND ADOPTED this ATTEST: 21st April April April April 21, 2014 21, 2014 21, 2014 21, 2014 day of April, 2014. Ernest G. Clark, Mayor u zy Sch res, MC City Cle k 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 Ordinance No. 5208 as passed and adopted by the City Council of the City of Waterloo, Iowa, on the 21st day of April, 2014. 2014. SEAL Witness my hand and seal of office this 21St day of April, Suzy Sc ares, CMC City Cl rk 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/WaterlooCPAP.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 - C CDBG Organization final allocation Activity y 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 Activity y 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 STATE OF IOWA, } Black Hawk County, SS NOTICE OF PUBLIC HEARING TO WHOM IT MAY tiONCERN: Notice is hereby given that on the 21st day of April, 2014, at 5:30 p.m., in the Law Court Theater at Waterloo Center for the Arts, 225 Commercial Street, Water- loo, IA, a public hearing will be held by the Council of the City of Waterloo, Iowa, on the proposed funding recommenda- tions set forth by the Community Development Board for the Waterloo /Cedar Falls HOME Consortium FY2015 One -Year Action Plan for Community Development Block Grant and HOME Program funds and also to adopt the FY2015-FY2019 Five -Year Consolidated Plan for the Waterloo/Cedar Falls HOME Consortium. 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 7th day of April, 2014. Suzy Schares City Clerk I do solemnly swear that the annexed copy of legal City of Waterloo Public Hearing — FY 2015 One -Year Action Plan Notice was published in the Waterloo -Cedar Falls Courier, a daily newspaper printed in Waterloo, Black Hawk County, Iowa, once commencing on the 11th day of April, 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 $12.49 rt Ax-i/yt, Signed Subscribed and sworn to before me this Day of A.D., 20 1 C17cLC Notary Public Received of the sum of Dollars. In full for publication of the above notice. a f r, r 1JODI E MCKINST V1 COMM!SS!ON NO.782413 MY COM I Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-267 RESOLUTION APPROVING 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 AND AUTHORIZING SUBMISSION OF SAME TO U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Waterloo/Cedar Falls HOME Consortium FY2015-FY2019 Five - Year Consolidated Plan and FY2015 One -Year Action Plan for CDBG and HOME Program Funds, be and the same is hereby approved, and the Mayor authorized to submit same to the U.S. Department of Housing and Urban Development in behalf of the City of Waterloo, Iowa. PASSED AND ADOPTED this 21st day of April, 2014. Ernest G. Clark, Mayor ATTEST: Suzy Scares, CMC City Clerk 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 F.Y. 2014 Sidewalk Repair Program — Zone 4 and Trail Repairs, Contract No. 863 April 21, 2014 Bid Tab BASE: $297,651.83 ALTERNATE: $208,119.40 BASE & ALTERNATE: $505,771.24 Bid Security Required Bidder Bid Security Bid Amount B & B Builders & Supply 5728 Sierra BASE $210,995.30 Drive Waterloo, IA 50701 5% B & A $360,399.23 Boulder Contracting, LLC 25789 N Avenue BASE $249,200.25 Grundy Center, IA 50638 5% B & A $436,372.73 Mike Dolan Concrete & Masonry Inc. 1140 Fairchild Street BASE $231,781.67 Waterloo, IA 50703 5% B & A $386,417.77 Todd Van Dorn Construction 5212 N Union Rd. 5% BASE $199,151.55 Cedar Falls, IA 50613 B & A $334,447.91 F.Y. 2014 Sidewalk Repair Program — Zone 4 and Trail Repairs, Contract No. 863 April 21, 2014 Bid Tab BASE: $297,651.83 ALTERNATE: $208,119.40 BASE & ALTERNATE: $505,771.24 Bid Security Required Bidder Bid Security Bid Amount B & B Builders & Supply 5728 Sierra Drive Waterloo, IA 50701 5% -- ,116496: 3° S cobs -yiq ACS I�Tri Boulder Contracting, LLC 25789 N Avenue Grundy Center, IA 50638 5% / �/ Jif `' *36) S7 , -° gt-4 Mike Dolan Concrete & Masonry Inc. 1140 Fairchild Street Waterloo, IA 50703 5% / A-31J/70'6.i b �j �' /�i 77/� Todd Van Dorn Construction 5212 N Union Rd. 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(AlaH (N) Puna ed !yM 91 W (N) 0A! 01W AIIaM ayl lobe; (55:0 ( „05045 MOW 11)4+ (AICH) I do solemnly swear that the annexed copy of legal City of Waterloo Public Hearing FY14 Sidewalk Repair Contract 863 Notice was published in the Waterloo -Cedar Falls Courier, a daily newspaper printed in Waterloo, Black Hawk County, Iowa, once commencing on the 14th day of April, 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 $160.52 Subscribed and sworn to before me this ail Day of (\ prt A.D., 20 Received of (Lo cll YY/&4th Notary Public si (N) e dl aouPd (OG) the sum of N) uuew�agl0 (N); w!ayeuy !o s!e6uy sala6ul (AIN) smaN !� IoNod Nom aaup (OO) spieo1 Je0 (3G; p000L Poom upst Dollars, In full for publication of the above notice. JOCI E MCI(iNSTIi` Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-268 RESOLUTION CONFIRMING APPROVAL OF 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 preliminary 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, which were preliminarily approved by Resolution No. 2014-235 on April 7, 2014, and WHEREAS, a public hearing, upon notice, was held on April 21, 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 Sidewalk Repair Program - Zone 4 and Trail Repairs, Contract No. 863, in the City of Waterloo, Iowa, be, and the same are hereby, approved as filed. PASSED AND ADOPTED this 21st day of April, 2014. /17 1 Ernest G. Clark, Mayor ATTEST: Su Scha es, CMC City Clerk Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-269 RESOLUTION AUTHORIZING TO PROCEED IN CONJUNCTION WITH THE F.Y. 2014 SIDEWALK REPAIR PROGRAM - ZONE 4 AND TRAIL REPAIRS, CONTRACT NO. 863. WHEREAS, by Resolution No. 2014-268, 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, Iowa, have been approved and adopted by this Council after the public hearing on April 21, 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 21st day of April, 2014. ATTEST: uzy Scha1 es, CMC City Cler ./(P1 &e, Ernest G. Clark, a or Mayor BUCK CLARK COUNCIL MEMBERS CITY OF WATERLOO: IOWA CITY HALL • 715 MULBERRY STREET 50703 MANAGEMENT INFORMATION SYSTEMS Matt O'Brien, Director Council Communication City Council Meeting: 4/21/14 Prepared: 4/14/14 Dept. Head Signature: Matt O'Brien # of Attachments: 1 SUBJECT: Approval of Memorandum of Agreement with Waterloo Schools Submitted by: Matt O'Brien, Director of Technology Recommended City Council Action: Resolution approving Memorandum of Agreement with Waterloo DAVID JONES Community School District in the amount of $186,000 to provide technology leadership, network services, Ward 1 and supplemental technology support services to the City; and authorize Mayor and City Clerk to execute said document. COLE Summary Statements: Renewal of the agreement for technology services from the Waterloo Community CAROLYN Ward 2 School District with modifications for FY2015. HAROLD Expenditure Required: $186,000. GETTY Ward 3 Source of Funds: General fund from FY2015 (that amount was budgeted). QUENTIN Policy Issue: N/A HART Ward 4 Alternative: Discontinue agreement and either hire additional staff or look for another organization to RON outsource services to. Ward 5 Background Information: In April, 2012, the City eliminated its Manager of Information Systems position WELPER and entered into an agreement with the Waterloo Community Schools to provide technology leadership, BOB network services, and supplemental technology support services to the City. Modifications in this revised GREENWOOD agreement include: At -Large • Contract amount was adjusted to $186,000. As was discussed during the FY15 budgeting process, this amount was requested from the Waterloo Schools to maintain the partnership. In the past, the STEVE agreement was skewed in favor of the City. This adjustment will enable the agreement to e SCHMITT sustainable into the future. This contract amount adjustment will enable the addition of two staff At -Large members: o Network Security Administrator: In addition to increasing infrastructure support capacity, this individual will be responsible for monitoring both the City of Waterloo and Waterloo School's networks for security issues and address issues appropriately. This position will also proactively put in place measures to mitigate security risks. • Note that the Waterloo Schools will also be covering a portion of this salary outside of the increase in the agreement with the City of Waterloo. o IT Support Facilitator: This individual will be based at City Hall and will facilitate technology support for the City, under the direction of the Director of Technology. • Note that the revised agreement includes a requirement for the Waterloo Schools to supply this position. • A protection for the City is included in the revised agreement with the Waterloo Schools agreeing to not increase the sum the City pays in future agreements outside of a measure which runs close to inflation without both parties agreeing to modify services. CITY WEBSITE: www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Summary of major technology projects completed in the last two years: • Core network replaced • Edge network replaced • Network/technology components built from scratch at two new City facilities • 18 year old phone system replaced with new VOIP phone system • Client lifecycle replacement program restarted and prioritized • Upgraded MS Office from 2000 to 2010, along with major training ro am • Installed new email server, migrating from Exchange 2003 to Exchange2010 (partnered with library) • Implemented helpdesk system, began tracking issues/establishing metrics • Began implementing WSUS (managing and delivering security updates) • Implemented managed antivirus solution • Began implementing new firewall • . Began some network monitoring • Began transition from flat network to VLANs • Implemented backup automation with a tape library • Began implementing wireless networks Support tickets addressed: As of 4/11/14. Does not include issues resolved over the phone. Also does not include projects. City District Total Staff Staff Computer > Desktop 309 Computer > Laptop 52 Email 13 Network 130 Other 53 192 245 I Phone 11 152 __ _. 163 56 17'' 735 5 103 i 108 s 14 72 1,484 12 219 528 24 7676 89 118 Printer Server Software Total CITY WEBSITE: www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer MEMORANDUM OF AGREEMENT Between Waterloo Community School District and City of Waterloo, Iowa This Memorandum of Agreement (the "MOA") is effective as of , and is made by and between the City of Waterloo, Iowa (the "City"), and the Waterloo Community School District (the "District"). RECITALS A. The District has the ability and desire to provide technology leadership, network services, and supplemental technology support services to the City. B. The City wishes to avail itself of these services by the District. C. The parties wish to enter into this MOA to accomplish same under the terms and conditions set forth below. In consideration of the mutual promises exchanged herein, the parties agree as follows: 1. City Responsibilities — The City shall pay to the District the annual sum of one hundred eighty-six thousand ($186,000), due and payable on a quarterly basis in arrears within thirty (30) days after the end of each calendar quarter. Additionally, the City shall adhere to the requirements of Exhibit I, Technology Leadership Services, attached hereto and incorporated herein, the requirements of Exhibit II, Network Support Services Service Level Agreement, attached hereto and incorporated herein, and the requirements described in Exhibit III, Technology Support Services Service Level Agreement, attached hereto and incorporated herein. 2. District Responsibilities — In exchange for the payments listed in paragraph 1 above, the District shall provide the City with technology leadership, network support services, and supplemental technology support services, as described in Exhibit I, Technology Leadership Services, attached hereto and incorporated herein, the services described in Exhibit II, Network Support Services Service Level Agreement, attached hereto and incorporated herein, and the services described in Exhibit III, Supplemental Technology Support Services Service Level Agreement, attached hereto and incorporated herein. 3. Future Rate Increases. The District agrees that revisions to the sum paid by the City in future Memorandums of Agreement shall not exceed the percentage of the prior year's compensation package percentage increase for the Administrative Support job classification approved by the Board of Education, unless the parties agree to modify the services governed by this MOA. 4. Term; Termination. The duration of the MOA shall be from July 1, 2014 to and including June 30, 2015. However, either party may terminate this MOA at any time by notifying the other party in writing at least sixty (60) days prior to the intended date of termination. 5. Confidentiality. The District acknowledges that its personnel providing services to the City hereunder will have access to certain sensitive and confidential information of the City, including but not limited to passwords, protocols, and other information vital to the admin- istration and operation of the City's information technology and systems. To the extent not inconsistent with the Iowa "Open Records Law" (Iowa Code Chapter 22), the District agrees, for itself and on behalf of each of its employees who may provides services to the City hereunder, to strictly maintain the confidentiality of the City's information, data, processes, technology and know-how (the "Confidential Information") by (a) restricting disclosure of the Confidential Information solely to those of its employees with a need to know and not disclose it to third parties, (b) advising employees who receive the Confidential Information of the obligation of confidentiality hereunder; and (c) using the same degree of care to protect the Confidential Information and to prevent disclosure of the Confidential Information as is used with the District's own confidential information, which shall be at least the degree of care which a reasonably prudent person would use to protect and prevent disclosure of confidential information. All books, records, files, forms, reports, accounts, and documents, including but not limited to those in magnetic or other computer -readable media, that contain the Confidential Information, whether prepared by the District, the City or anyone else, are and shall be the exclusive property of the City and shall be returned immediately to the City or destroyed upon termination of this MOA, or upon the City's request at any time. This covenant of confidentiality shall survive the termination or expiration of this Agreement. 6. General. The parties agree to cooperate in good faith to resolve on a timely basis any issues that arise during the term of this MOA. The District agrees to perform in a good and professional manner, as an independent contractor, the services described in the exhibits attached hereto. The District may not assign or delegate any of its duties hereunder to a third party without the prior written consent of the City. This MOA, including all exhibits hereto, constitutes the entire agreement between the parties. It may not be modified or amended without the written consent of the parties. AUTHORIZATION: We, the undersigned, hereby certify that we, the properly authorized officers of each party, approve and implement this Memorandum of Agreement. Waterloo Community School District City of Waterloo, Iowa By: By: Board President Date Mayor Date 2 EXHIBIT I Technology Leadership Services Executive Summary The District will provide technology leadership services for the City of Waterloo. The City will share a Director of Technology with the District, who will be jointly accountable to the Mayor of the City and the Superintendent of the District. II. Definitions • City shall refer to the City of Waterloo. • District shall refer to the Waterloo Community School District. • Director shall refer to the shared Director of Technology. • Facilitator shall refer to the IT Support Facilitator. III. General Overview This exhibit establishes a commitment for technology leadership services to the City, as detailed herein. This document clarifies both parties' responsibilities and procedures to ensure the needs of both parties are met. IV. Waterloo Community School District Responsibilities The District will employ an individual to serve as Director of Technology for both the District and the City. Additionally, the District will employ an individual to serve as an IT Support Facilitator for the City. This individual will be based out of City Hall. The District will be responsible for both the Director's and the Facilitator's salary and benefits package. Additionally, the District will provide equipment necessary for both the Director and the Facilitator to perform their required functions, such as laptop computer and cellular telephone service. V. City of Waterloo Responsibilities In addition to the financial considerations outlined in the Memorandum of Agreement, the City will provide the Director and Facilitator an office space at City Hall, along with consumable office supplies necessary to complete his or her functions. VI. Shared Leadership Services The Superintendent of the District will share supervision of the Director with the Mayor of the City. The Director will maintain an office at the Education Service Center and will also maintain a presence at City Hall. The Director will supervise the Facilitator as well as technology staff separately employed by the District to provide services to the City. The Director will oversee technology budgets and strategic planning for both entities. Any equipment or materials purchased by either the District or the City will remain property of that respective organization. The Facilitator will maintain an office at City Hall and will supervise technology staff employed by the City. When available, the Director will attend meetings of the City's department heads, with the Facilitator sitting in at other times. The Director will also attend meetings of the City council whenever the 3 agenda includes any item at his request or any item that may, due to substance or likelihood for controversy, implicate the duties of the Director or the City department under his supervision. 4 EXHIBIT II Network Support Services Service Level Agreement (SLA) Executive Summary The District will provide network services for the City of Waterloo. This includes maintenance, upgrades, and support for the City's servers (including email services and backups), and network switches and routers. II. Definitions • City shall refer to the City of Waterloo. • District shall refer to the Waterloo Community School District. • Director shall refer to the shared Director of Technology. • Support services shall refer to the installation, monitoring, maintenance, upgrading, backup, repair, and support of applicable equipment. III. General Overview This exhibit establishes a commitment for network services to the City, as detailed herein. This document clarifies both parties' responsibilities and procedures to ensure the needs of both parties are met. IV. Waterloo Community School District Responsibilities The District will employ staff dedicated to performing systems administration, network administration, and network security services for the District and the City. The District will be responsible for these staff salaries and benefits, as well as equipment necessary for them to perform their functions, such as computers and cellular telephone service. The District will also work with and integrate into its services any information technology personnel employed by the City. V. City of Waterloo Responsibilities In addition to the financial considerations outlined in the Memorandum of Agreement, the City will provide District technology staff access to all applicable facilities where network equipment or service is located. The City will also provide the District full administrative level access to all servers, routers, switches, and other network equipment, which is necessary to perform the support services described in these exhibits. The City also remains responsible for all network and other infrastructure equipment and software costs to provide services to the City. The City must also retain maintenance agreements for infrastructure to ensure software updates and/or hardware replacement services are available, as recommended by the Director of Technology. VI. Network Services Provided The District will provide the City with the following network and infrastructure support services: 5 • Servers • Email services • Active Directory services • Network switches and routers • Network firewall As part of the support services, the District will employ proactive and reactive monitoring technology to monitor the City equipment included herein. District staff will respond to major outages, such as email services becoming unavailable, as needed after normal City business hours. Additionally, District staff will perform, outside of normal City business hours, all preventative maintenance which will result in downtime. Any equipment, software, or materials purchased by either the District or the City will remain property of that respective organization. 6 EXHIBIT III Supplemental Technology Support Services Service Level Agreement (SLA) Executive Summary The District will provide supplemental technology support services for the City of Waterloo, to augment the services the City provides with its own staff. This includes some maintenance and support of user devices such as desktops, laptops, and telephones. Additionally, the District will provide help desk services and user training services for the City of Waterloo. II. Definitions • City shall refer to the City of Waterloo. • District shall refer to the Waterloo Community School District. • Low priority shall refer to enhancement requests, such as additional software being installed, new equipment being deployed, or other project requests. • Medium priority shall refer to requests which inhibit a staff member from performing a critical job function, but for which there is a work around available, or requests which inhibit a staff member from performing a non-critical job function. • High priority shall refer to requests which completely prevent a staff member from performing a required job function. • Urgent priority shall refer to outages which prevent multiple staff members from performing a required job function. III. General Overview This exhibit establishes a commitment for supplemental technology support services to the City, as detailed herein. This document clarifies both parties' responsibilities and procedures to ensure the needs of both parties are met. IV. Waterloo Community School District Responsibilities The District will employ staff dedicated to providing support to the City's users in situations where the City's staff is unable to meet the technology needs of its users. The specific services offered are outlined in section VI, Support Service Provided. V. City of Waterloo Responsibilities In addition to the financial considerations outlined in the Memorandum of Agreement, the City will provide District technology staff access to all applicable facilities where technology support services are needed. The City also remains responsible for all hardware and software costs for City technology equipment. Additionally, the City will maintain a full-time tech support position to serve as the primary point of contact for front-line technology support and application support. 7 VI. Support Services Provided A help desk will be open from 7:15 am — 5:00 pm on normal District business days to respond to calls and log issues. A web -based help desk system will be provided to allow users to log issues 24 x 7. This system will also allow support status updates to be delivered to users. The District will be responsible for the costs of this hardware and software, and will make this system available to City staff. Additionally, the District will compile reports of service performed on a quarterly basis, to be delivered electronically to the Mayor, or his designee. The District will also offer supplementary support services in the event of City technology staff being absent or unavailable due to being occupied with other tasks. The District will make every attempt possible to adhere to following first response times for on-site service: Priority First response time Urgent 30 minutes High 3 hours Medium 6 hours Low Dependent on the situation and the duration of City staff absence The response time shall be measured from the time an issue is reported and assigned to a District staff member. 8 Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-270 RESOLUTION APPROVING MEMORANDUM OF AGREEMENT WITH WATERLOO COMMUNITY SCHOOL DISTRICT AND DIRECTING EXECUTION OF SAID MEMORANDUM OF AGREEMENT BY MAYOR. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Memorandum of Agreement dated April 21, 2014, in the amount of $186,000.00, to provide technology leadership, network services and supplemental technology support services to the City for FY2015, by and between the Waterloo Community School District 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 21st day of April, 2014. Ernest G. Clark, Mayor ATTEST: Suzy Sc ares, CMC City Clerk CITY OF WATERLOO Council Communication City Council Meeting: April 21, 2014 Prepared: April 11, 2014 Dept. Head Signature: PH # of Attachments: 1 SUBJECT: CLOVERDALE PARK LEASE Submitted by: Paul Huting, Leisure Services Director Recommended City Council Action: Request Council approve and authorize the Mayor Clark to sign Cloverdale Park Lease. Summary Statement: This 3 -year lease is for 4 acres of property known as Cloverdale Park, located at the corner of Longfellow Street and Midland Street. Expenditure Required: One dollar per year for a total of $3. Source of Funds: Funded through Leisure Services - Parks operating budget. Policy Issue: NA Alternative: NA Background Information: The Leisure Services Commission, at the April 8 meeting, voted unanimously to recommend that Council approve this lease. The City has invested in playground equipment on this property and it is enjoyed by residents of the Cloverdale neighborhood. CLOVERDALE PARK LEASE This LEASE made and entered into this day of , 2014, by and between Black Hawk County Board of Supervisors (Landlord) whose address for the purpose of this lease is 316 E. 5th Street, Waterloo, Iowa and the City of Waterloo, Iowa, to be managed by the Leisure Services Commission (Tenant) whose address for the purpose of this lease is 1101 Campbell Avenue, Waterloo, Iowa. 1. PREMISES AND TERM. Landlord, in consideration of the rent herein reserved and of the agreements and conditions herein contained on the part of Tenant to be kept and performed, leases to Tenant and Tenant rents and leases from the Landlord, according to the terms and provisions herein, the following described parcel: A four (4) acre rectangular tract having a three hundred fifty (350) feet frontage on Longfellow Street and a five hundred fifty (550) foot frontage on Midland Street, said site to be located approximately at the corner of Longfellow Street and Midland Street, City of Waterloo, Black Hawk County, Iowa, As shown on Exhibit "A" attached hereto, for a term of three (3) years, commencing July 1, 2014 through June 30, 2017, upon the condition that Tenant pay rent therefor and otherwise performs as this lease provides. 2. RENTAL. Tenant agrees to pay in advance to Landlord a rental fee of one dollar ($1.00) per year, in advance. 3. POSSESSION. Tenant shall be entitled to possession on the first day of the term of this lease, and shall yield possession to Landlord at the time and date of the close of this lease term, except as otherwise provided. 4. USE OF PREMISES. Tenant covenants and agrees that during the term of this lease it shall not sublease the premises herein, but shall permit its use by the public as a public park with emphasis on park use as a picnic area, baseball diamond and general play field area. 5. QUIET ENJOYMENT. Landlord covenants that its estate in said premises is in fee simple, free and clear of all liens, clouds and encumbrances, except that said premises are security for general obligation bonds, and that the Tenant upon paying the rent herein reserved and performing all the agreements to be performed by the Tenant as provided in this Lease, shall and may peaceably have, hold and enjoy the premises for the term of this Lease free from molestation, eviction or disturbance by Landlord or any other person or legal entities whatsoever. Landlord shall have the right to use the premises as security for general obligation bonds at any time without notice, subject to this Lease. 6. CARE AND MAINTENANCE OF PREMISES. The Landlord shall have no duty to care for the premises whatsoever. Tenant shall care for and maintain the premises in a reasonably safe and serviceable condition and shall be solely responsible for construction, operation, maintenance, upkeep and all other aspects of the leased premises. Tenant acknowledges Landlord has no responsibility or liability whatsoever for such maintenance and operation. Also see Section 10 below. 7. SURRENDER OF PREMISES AT END OF TERM. Tenant agrees that it will surrender the leased premises to Landlord upon the termination of this Lease. Tenant may, at the expiration of the term of this Lease, or renewals thereof, or at a reasonable time thereafter, remove any fixtures or equipment which Tenant has installed on the leased premises. Continued possession beyond the expiration date of the term of this Lease by the Tenant coupled with receipt of the specified rental by Landlord, shall constitute a year -to year extension of this Lease. Either party, however, may terminate this Lease upon thirty (30) days' notice in writing given to the other by ordinary mail or delivered personally. 8. ASSIGNMENT OR SUBLETTING. Tenant agrees and understands that the premises shall not be assigned or sublet. 9. SPECIAL ASSESSMENT. All special assessments shall be the responsibility of the Tenant. 10. INDEMNITY AND LIABILITY INSURANCE. Except as to any negligence of the Landlord, Tenant will protect, indemnify and hold harmless Landlord from and against any and all loss, damage and expenses occasioned by, or arising out of, any accident or other occurrence causing injury and/or damage to any person or property, happening or done in, upon, or about the leased premises, or due directly or indirectly to the tenancy, use, or occupancy thereof, or any part thereof, by Tenant or any person claiming through or under Tenant. Tenant further covenants and agrees that it will, at its own expense, procure and maintain casualty and liability insurance in a responsible company or companies authorized to do business in the State of Iowa, in amounts of not less than $100,000 for any person injured and $500,000 for any one accident, with a limit of $25,000 for property damage, and protecting Landlord against such claim, damages, costs or expenses by reason of such casualty, accident or other happening on or about the leased premises during the term thereof. Tenant shall provide a Certificate of Insurance naming Black Hawk County as an additional insured. 11. PROVISIONS TO BIND AND BENEFIT SUCCESSORS AND ASSIGNS AND SUBLESSES. Each and every covenant and agreement herein contained shall extend to and be binding upon the respective successors, assigns and sublessees of the parties hereto (not withstanding restrictions herein with respect to assignment and subletting). 12. NOTICES. All notices required under this Lease shall be as follows: For Black Hawk County Board of Supervisors, Craig White, Chair, or subsequent Chair, in care of the Black Hawk County Board of Supervisors, 316 East Fifth Street, Waterloo, Iowa 50703. For the City of Waterloo, Iowa, to Paul Huting, or subsequent Director of Leisure Services Commission, 1101 Campbell Avenue, Waterloo, Iowa 50701. [signatures on next page] CITY ACKNOWLEDGMENT CITY OF WATERLOO, IOWA By: Ernest G. Clark, Mayor ATTEST: Suzy Schares, City Clerk State of Iowa ) ) ss Black Hawk County) 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 under council Action No. 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. Notary Public in and for the State of Iowa COUNTY ACKNOWLEDGMENT COUNTY OF BLACK HAWK, IOWA By: Craig White, Chair Board of Supervisors ATTEST: Grant Veeder, County Auditor State of Iowa ) ) ss Black Hawk County) On this day of , 2014, before me, a Notary Public in and for the State of Iowa personally appeared Craig White and Grant Veeder, to me personally known, and who being duly sworn, did say that they are the Chairperson of the Board of Supervisors and County Auditor respectively, of the County of Black Hawk, Iowa; that the seal affixed to the foregoing instrument is the seal of Black Hawk County and the instrument was signed and sealed on behalf of the County by Authority of the Board of Supervisors, as contained in action passed by the Board of Supervisors on the day of , 2014, and Craig White and Grant Veeder acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the County, by it voluntarily executed. Margery Budensiek Notary Public in and for the State of Iowa Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-271 RESOLUTION APPROVING CLOVERDALE PARK LEASE WITH BLACK HAWK COUNTY BOARD OF SUPERVISORS AND DIRECTING EXECUTION OF SAID LEASE BY MAYOR. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Cloverdale Park Lease dated April 21, 2014, in the amount of $3.00, to rent Cloverdale Park located at Longfellow Street and Midland Street, for a term of three (3) years, by and between the Black Hawk County Board of Supervisors 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 21st day of April, 2014. '‘Z" Ernest G. Clark, Mayor ATTEST: Suzy Schares, CMC City Cler CITY OF WATERLOO Council Communication City Council Meeting: 4/21/14 Prepared: 4/16/14 Dept. Head Signature: # of Attachments: 0 SUBJECT: Resolution -to approve receiving $2,000 grant from the Cedar Trails Partnership Submitted by: JB Bolger, Golf Manager Recommended City Council Action: Pass Said Resolution Summary Statement This grant will be awarded to the Leisure Services Department to purchase a snow compacting roller to assist and enhance cross country ski grooming on City owned golf courses. The grant covers 100% of the purchase price including any shipping charges. Expenditure Required No City funds are used as a match to receive this grant. Source of Funds NA Policy Issue NA Alternative NA Background Information: When snow conditions have allowed, Golf Maintenance employees have groomed cross country ski trails at the golf courses for many years. This new compacting device will speed up the grooming process and allow for the creation of better ski trails. Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-272 RESOLUTION APPROVING ACCEPTANCE OF A CEDAR TRAILS PARTNERSHIP GRANT. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Cedar Trails Partnership Grant dated April 21, 2014, in the amount of $2,000.00, with no required City match, for the purchase of a snow compacting roller for the Leisure Services Department to enhance cross country ski grooming on City -owned golf courses, by and between the Cedar Trails Partnership and the City of Waterloo, Iowa, be and the same is hereby approved. PASSED AND ADOPTED this 21st day of April, 2014. ATTEST: Suzy Sch es, CMC City Cleik i0 i5Lr Ernest G. Clark, Mayor CITY OF WA'I'FRLOO Council Communication City Council Meeting: April 21, 2014 Prepared: April 15, 2014 , e Dept. Head Signature: euf ,. # of Attachments: 1 SUBJECT: Surveying & Engineering Agreement With Ament Inc. for 3 intersections: San Marnan Dr. @ LaPorte Rd. Ansborough Ave. @ Downing Ave. Fletcher Ave @ University Ave. Submitted by: Sandie Greco, Traffic Operations Superintendent Recommended City Council Action: Resolution Approving the Agreement. Summary Statement: Most of the design and all of the Construction Review Service work will be done in-house. This Agreement is not part of any grants, but the construction costs are 100% covered by A DOT traffic safety grant. Expenditure Required: $15, 000 Source of Funds: GO Bonds Policy Issue none Alternative Background Information: Traffic Safety Improvements at 3 high hazard locations, experiencing injury crashes and fatalities. Ament DESIGN AGREEMENT for Surveying and Engineering Services for Traffic Safety Improvements at Three (3) Intersections San Marnan Street at LaPorte Road, Ansborough Avenue at Downing Street, and Fletcher Avenue at University Avenue in Waterloo, Iowa Traffic Operations Project Number: TOF-236 GENERAL This Agreement for surveying, engineering design, design supervision, and drafting services is based on Ament Design's (hereinafter referred to as CONSULTANT) understanding of the Project needs of the City of Waterloo, Iowa Traffic Operations Department (hereinafter referred to as CLIENT). PROJECT DESCRIPTION The City of Waterloo, Iowa intends to implement systemic traffic safety improvements at the following three (3) intersections: San Marnan Street at LaPorte Road, Ansborough Avenue at Downing Street, and Fletcher Avenue at University Avenue, each located within the City limits. These improvements will utilize an Iowa Department of Transportation (DOT) Traffic Safety Funds grant and other funding for Project construction materials and City funding for surveying, engineering design, design supervision, and drafting services. City specifications will be used for the Project improvements. The proposed construction Contract Documents will be used for a local bid letting. The safety improvements that are envisioned include the following: • traffic signal and other traffic control modifications, such as: o modification of existing traffic signal head indications; o installation of new or additional mast arm -mounted traffic signal heads; o addition of near -side traffic signal heads; o installation of new lane control signs and/or other signage; o placement of high -durability, high -visibility stop lines and other pavement markings; and The Contract Administrator for the CLIENT is the City's Traffic Engineer. SCOPE OF SERVICES The CONSULTANT will provide surveying (if needed), engineering design, design supervision, and drafting services for the Project, which is a City -let Project and which uses City plan format and City specifications. The Project services will entail all or part of the services mentioned under this section titled SCOPE OF SERVICES. The scope of services to be performed by the P:\G0294.R0260\Pre-Contract - G0294.P0260\Word\Agreement for 2014 TSF Grant Design Services (3 Intersections).DOC 1 AMENT DESIGN recent years. The information to be collected includes topography, visible permanent improvements and features, and utility markings placed as the result of the Iowa One Call. 4. Boundary Surveys (Contingency Task) — If needed, this item includes the field and office tasks needed to perform the research and field measurements to determine the approximate roadway right-of-way and intersecting property line locations along the Project corridor(s). The preparation of property acquisition plats and / or temporary construction easement exhibits is NOT anticipated for this Project. 5. Collection of Base Information (Contingency Task) — If necessary, this task includes the development of Project base mapping for use in development of the Project plans. The base mapping will be prepared in MicroStation electronic file format to a scale of not smaller than 1" = 50' (for 11" x 17" half-size sheets) using Iowa DOT standards for line types and symbols. Scales larger than this will be used as appropriate for the work involved. III. Preliminary Design Plans Design Services — This task includes some Project design and direct supervision of the Project design development performed by the CLIENT and performance of the drafting tasks necessary to develop preliminary and check/final plans for the proposed improvements. Each intersection will be a separate division on the plans. The project plans will have 3 divisions and quantities will be tabulated separately for each division. 1. Verify Recommended Concept — This task includes a review of the conceptual design layout prepared by the CLIENT for the proposed traffic safety projects. 2. Photographic / Video Review of Project Corridor — This task includes the preparation of photographs and/or videotape of the Project locations obtained while walking and/or driving through the area. The purpose of this task is to provide for the efficient review of the locations during the design process. It may include times of peak hour traffic, if applicable, and drainage during rainfall events, if applicable. 3. Preparation of Base Information - This task includes the collection of the information of the research and data collection phase and the reduction of topographic and boundary survey data for the purpose of preparing Project drawings. This task may also include the preparation of a triangulated irregular network for the use in development of the Project design. The plan drawings will be prepared to a suitable scale (typically 1" = 50') (for 11" x 17" half-size sheets) using CITY standards for line types and symbols. Scales smaller or larger than this will be used as appropriate for the work involved. Certain base sheets may be prepared utilizing aerial photography obtained from the CITY as a background, in lieu of topographic survey base mapping. 4. Review Design Standards — This task includes the review of the design standards applicable to the development of the Project. 5. Design, Design Supervision, and Plan Preparation — This task includes the direct supervision of the design performed by the CLIENT for the proposed improvements and the preparation of detailed plans that document the proposed design. This task 3 AMENT DESIGN CONSULTANT; one (1) copy of the draft Project cost opinion prepared by the CLIENT with review comments by the CONSULTANT; and draft bidding documents prepared by the CLIENT with review comments by the CONSULTANT; along with an accompanying transmittal letter, to the CLIENT, and to the Iowa DOT, if requested by the CLIENT. All submittals will be in PDF or Microsoft Word® or Microsoft Excel® file format via e-mail or CONSULTANT's ShareFile® software. 2. One (1) set of: reproducible final plans without original signatures prepared by the CONSULTANT; one (1) signed and sealed copy of the final plan set Title Sheet with original signatures prepared by the CONSULTANT; along with an accompanying transmittal letter, to the CLIENT and to the Iowa DOT, if requested by the CLIENT. [The CLIENT will finalize the electronic copy of each Specifications and/or Special Provisions document, if any; the electronic copy of the final Contract Documents; and the final Project cost opinion.] All submittals will be in PDF file format via e-mail or CONSULTANT's ShareFile® software. Review comments on the Specifications and Special Provisions documents may be submitted in Microsoft Word® file format. Review comments on the Project cost opinion may be submitted in Microsoft Excel® file format. SCHEDULE The CONSULTANT will begin its negotiated services after the receipt of each fully -executed and mutually agreed-upon Agreement, which will serve as the Notice to Proceed. The CONSULTANT will perform its services in accordance with the following general schedule and in accordance with the specific schedule negotiated unless modified by mutual agreement or by factors beyond the control of the CONSULTANT: Contract approval by CLIENT is expected by May 6, 2014. Project Kick-off Meeting is expected to be conducted by May 9, 2014. Final Design is expected by August 17, 2014. Agreement is considered to be complete when final design is submitted to Iowa DOT and accepted by them. The Consultant shall submit a time table for completing the Project once the agreement is signed. COMPENSATION Payment will be based on a Standard Hourly Rate plus reimbursable expenses basis, using the rates as shown on Attachment A, but shall not exceed the Agreement amount. The Agreement amount is $15,000. This is the not -to exceed amount. If at any time during the work the CONSULTANT determines that its actual costs will exceed the anticipated Agreement amount, it will promptly so notify the Contract Administrator in writing and describe what costs are causing the overrun and the reason. Overruns and additional expenses must receive Waterloo City Council approval to be valid. The CLIENT has 30 days from the submittal date of the final draft of this Agreement to enter into this Agreement in order for the terms of this Agreement to remain valid. All requests for payments shall have Traffic Operation Project number TOF-236 noted on them. 5 AMENT DESIGN TERMS AND CONDITIONS AMENT DESIGN Progress payments shall be made in proportion to services as provided and as indicated within this agreement, and shall be due and owing within 30 days of the CONSULTANT'S submittal of his monthly statement. Past due amounts owed shall accrue interest at the lesser rate of 1.5% per month, or the maximum rate allowed by law. If the CLIENT fails to make monthly payments due the CONSULTANT, the CONSULTANT may after giving seven (7) days written notice to the CLIENT, suspend services under this agreement. This agreement may be terminated by either party by seven (7) days written notice in the event of substantial failure to perform in accordance with the terms of this agreement by the other party through no fault of the terminating party. This agreement represents the entire and integrated agreement between the CLIENT and the CONSULTANT and supersedes all prior written or oral negotiations, representations, or agreements. This agreement may be amended only by written instrument signed by both the CLIENT and the CONSULTANT. 1. In the event that any on-site observation of Contractors' work shall be included as a part of the work under the agreement, the CONSULTANT shall endeavor to guard the CLIENT against apparent defects and deficiencies in the permanent work constructed by the Contractor but does not guarantee or warrant the performance of the Contractor. The CONSULTANT is not responsible for the construction means, methods, techniques, sequence or procedures, time of performance, programs, or for any safety precautions in connection with the construction work. The CONSULTANT is not responsible for the Contractor's failure to execute the work in accordance with the construction contract. 2. The CONSULTANT shall not be responsible for defects or omissions in the work of the Contractor or any Subcontractors or any of the Contractor's or Subcontractor's employees, or that of any person or entities responsible for performing work which results in a construction contract on the basis of the services to be performed by the CONSULTANT. 3. If the PROJECT is delayed or if the CONSULTANT'S services for the PROJECT are delayed or suspended for more than three (3) months for reasons beyond the CONSULTANT'S control, the CONSULTANT may, after giving seven (7) days written notice to the CLIENT, terminate this agreement and the CONSULTANT shall be paid for services performed to the termination notice date, including reimbursable expenses due, plus termination expenses. Termination expenses are defined as reimbursable expenses directly attributable to the termination. 4. Neither the CLIENT nor the CONSULTANT shall delegate, assign, or otherwise transfer his duties under this agreement without the written consent of the other. 5. All drawings, specifications and other work product of the CONSULTANT for this PROJECT are instruments of service for this PROJECT only and the intellectual rights to it shall remain the property of the CONSULTANT whether the PROJECT is completed or not. Reuse of any of the instruments of service of the CONSULTANT by the CLIENT on extensions of this PROJECT or on any other PROJECT without the written permission of the CONSULTANT shall be at the CLIENT'S risk and the CLIENT agrees to defend and indemnify and hold harmless the CONSULTANT from all claims, damages, and expenses including attorney's fees arising out of such unauthorized reuse of the CONSULTANT'S instruments of service by the CLIENT or by others acting through the CLIENT. Any reuse or adaptation of the CONSULTANT'S instru- ments of service occurring after the written agreement of the CONSULTANT shall entitle the CONSULTANT to further compensation in amounts to be agreed upon by the CLIENT and the CONSULTANT. 6. Copies of documents that may be relied upon by Client are limited to the printed copies (also known as hard copies) that are signed or sealed by Consultant, Files in electronic media format or text, data, graphic or other types that are furnished by Consultant to Client are only for convenience of Client. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. When transferring documents in electronic media format, Consultant makes no representations as to long-term compatibility, usability, or readability of documents resulting from the use of software application packages, operating systems or computer hardware differing from those in use by Consultant at the beginning of this assignment. 7. This agreement shall be governed by the laws of the State of Iowa. 8. The CLIENT 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 CLIENT 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 to likewise 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 parties to those agreements. Any costs incurred for a mediator, plus his or her expenses, shall be shared equally between the parties involved in the mediation. P:\G0294.R0260\Pre-Contract- G0294.P0260\Word\Agreementfor 2014 TSF Grant Design Services (3 Intersections).DOC 7 AMENT DESIGN Engineer 1 Engineer 2 Engineer 3 Engineer 4 Engineer 5 Engineer 6 Engineer 7 Architect 1 Architect 2 Architect 3 Senior Architect Interior Designer 1 Interior Designer 2 Interior Designer 3 STANDARD HOURLY RATES EFFECTIVE 01/01/2014 $ 90.00 95.00 105.00 115.00 140.00 150.00 180.00 $75.00 105.00 120.00 160.00 $65.00 80.00 100.00 ARLINGTON HEIGHTS Engineer 3 $130.00 Engineer 6 175.00 DIRECT COSTS Administrative 1 Administrative 2 Administrative 3 Administrative 4 Clerical 1 Clerical 2 Clerical 3 Clerical 4 Technician 1 Technician 2 Technician 3 Technician 4 Technician 5 Land Surveyor 1 Land Surveyor 2 Land Surveyor 3 Land Surveyor Mgr. $ 85.00 100.00 115.00 120.00 $ 50.00 55.00 70.00 80.00 $ 60.00 70.00 80.00 90.00 95.00 $105.00 115.00 135.00 160.00 GPS Equipment $50/hr Ground Based Lidar $1,000/day Mileage $0.56/mi Bond Copies (per square foot) $0.40/ea Copies (per copy) $0.30/ea Postage $0.49/oz OTHER DIRECT REIMBURSABLE COSTS WILL BE BILLED AT COST PLUS 15% REMARKABLE SERVICE .--SUPERIOR RESULTS www.ament.com Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-273 RESOLUTION APPROVING AGREEMENT 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 the Agreement dated April 21, 2014, in an amount not to exceed $15,000.00, for surveying and engineering services for traffic safety improvements at the following three (3) intersections: San Marnan Drive at LaPorte Road, Ansborough Avenue at Downing Street, and Fletcher Avenue at University Avenue, 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 and City Clerk authorized to execute the same in behalf of the City of Waterloo, Iowa. PASSED AND ADOPTED this 21st day of April, 2014. Ernest G. Clark, Mayor ATTEST: Suzy Scha"res, CMC City Cler Mayor BUCK CLARK COUNCIL MEMBERS DAVID JONES Ward 1 PATRICK MORRISEY Ward 2 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: A ril 21 2014 Prepared: April 16, 2014 Dept. Head Signature: _ # of Attachments: of SUBJECT: Request by Kess and Associates on the behalf of Iowa Development Enterprises, LLC for the preliminary plat of the Replat of Summerland Farms Lot 1 into a 12 -lot residential subdivision located at the intersection of Summerland Drive and Dysart Road Submitted by: Aric Schroeder, City Planner HAROLD Recommended City Council Action: Approval GETTY Ward 3 Summary Statement: Transmitted herewith is the request by Kess and Associates on the behalf of Iowa Development Enterprises, LLC for the preliminary plat of QUENTIN the Replat of Summerland Farms Lot 1 into a 12 -lot residential subdivision located HART Ward 4 at the intersection of Summerland Drive and Dysart Road. Please find attached the following documents: RON WELPER Ward 5 TOM LIND At -Large STEVE SCHMITT At -Large o Staff report o Aerial photograph of the area o Preliminary Plat o Report of the City Engineer The area to be platted shows an existing sanitary sewer line and water line in the existing Summerland Drive and Mills Lane, and a proposed sanitary sewer and water line in the proposed Summerland Drive extension. The lots in question are 45' in width, and 110' to 127' deep. The Planned Residence District allows for discrepancy in the standard lot size requirements, as well as compatible with surrounding development in terms of lot, area, orientation, design, etc. the houses would be located with 5' setbacks from Mills Lane, which can be approved as a part of the Planned residence District, but would normally be required to be 10'. It would appear that the plat meets the intent of the Subdivision Ordinance. CITY WEBSITE: www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Therefore, we would ask that the City Council adopt a resolution approving the Preliminary Plat of Replat of Summerland Farms, Lot 1. Should you have any questions, please do not hesitate to contact our office. Expenditure Required: N/A Source of Funds: N/A Policy Issue: Land Use and Housing. Alternative: Background Information: . AS to CC.' Noel Anderson, Community Planning & Development Director Eric Thorson, City Engineer Dennis Gentz, Assistant City Engineer --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: DEVELOPMENT HISTORY: August 6, 2013 Preliminary Plat approval of the Replat of Summerland Farms Lot 1 into 12 lots for the development of 6 new twin homes. Kess & Associates, 819 Sycamore Street, Waterloo, Iowa on behalf of Iowa Development Enterprises, LLC. The applicant is requesting to split the existing 1.78 acre (77,515.0 square feet) lot into 12 lots, ranging from 5,063.6 square feet to 5,737.8 square feet. The request would appear to be compatible with the rest of the subdivision. Many of the developed and undeveloped within the subdivision range from 6,500 sq. ft. and up, with the majority near the 6,500 sq. ft. range. Those are single family home designs. Other twin home lots in the area range closer to 3,800 to 5,000 sq. ft. range. So the 5,000 to 5,700 range for this plat would appear compatible. The original site plan approval for Lot 1 showed it for potential multiple family residential development. Prior site plan approval for the lot showed potential multiple family development. This subdivision would add a street extension of Summerland Drive between lots 8 and 12 to be created, but all driveway entrances are shown off of said extensions, and not Mills Lane, which is the entry street off of Dysart Road. There are no sidewalks in this subdivision. The closest trail will be the Shaulis Road Trail planned to be extended from Highway 21 to the Isle of Capri Boulevard. Future trial plans go further east on Shaulis Road. The proposed plat is zoned "R -3,R -P" Planned Residence District. Zoning east is "R-3" Multiple Residence District, south is "R-2" One and Two Family Residence District, and west and north as "A-1"Agricultural District. No screening or buffering is required for the request to plat land. The Preliminary Plat does not show the contours required by the Subdivision Ordinance to properly evaluate drainage of the site. Such information will need to be submitted for staff to review. The Summerland Farms subdivision has been built up over the last 6-7 years primarily, with single family and twin homes. This plat would continue that trend in a compatible manor to existing development. 08-06-13 Replat Summerland Farms Lot 1 Page 1 of 3 145 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: August 6, 2013 No portion of the area to be platted is located within the special flood hazard according to Community Number 190025 and Panel Number 0316F, dated July 18, 2011. The lots to be platted are located within the Orange, Hoover, and West High districts. There is a new Orange School under construction to be opened this fall. The area to be platted shows existing sanitary sewer line and water line in the existing Summerland Drive and Mills Lane, and a proposed sanitary sewer and water line in the proposed Summerland extension. No other utilities are shown. The Subdivision Ordinance requires a Preliminary Plat to show utility extensions, so the applicant needs to show more information. The proposed plat is in conformance with the Future Land Use Map for this area, which designates it as Low Density Residential. The minor plat consists of 1.78 acres of land to be subdivided into twelve lots, ranging in size from 5,063.6 sq. ft. to 5,737.8 sq. ft. The applicant is requesting to split the property to allow for continued low density residential development of the Summerland Farms subdivision. The site is zoned "R-3,RP" Planned Residence District as was approved for Lot 1 (area to be subdivided) as Multiple Residence Development. The lots are 45.82 feet in width, and 110 feet to 127 feet deep. The Planned Residence District allows for discrepancy in the standard lot size requirements, and these would appear to be in excess of those requirements, as well as compatible with surrounding development in terms of lot area, orientation, design, etc. The houses would be located with 5' setbacks from Mills Lane, which can be approved as a part of the Planned Residence District, but would normally be required to be 10 feet. All other setbacks are further than required for this type of development. The Preliminary Plat shows the lot layout, and layout of homes on the lots for twin home designed development. The submitted plat does not meet all requirements as outlined in the Subdivision Ordinance, as it does not show some required details. Of the requirements of the Preliminary Plat, it does show (a) the location of property to surrounding properties and adjoining streets, (b) the approximate location and dimensions of boundaries, (c) the location of existing streets and easements, (d) the location and width of existing and proposed right-of-way, easements, alleys, and building setback lines, (e) the location and dimensions of all proposed lots, (f) set aside portions for public parks, etc, (g) name and 08-06-13 Replat Summerland Farms Lot 1 Page 2 of 3 146 August: 6, 2013 address of owner and land surveyor, (h) date of maps, north point and scale, title of subdivision, (i) name of new streets, (j) indication of zoning, and (k) lot numbering. The next requirement, (I) notes that lack of information can be cause for delay of approval. The plat does not show (m) existing and proposed topography lines, and (n) it shows location but not sizes of water mains, sanitary sewer, storm sewer, street lights, and gas mains. Of the requirements of the Final Plat, it does not indicate any self-imposed restrictions, but does show monuments, pins, erected and other points established. It also shows (a) boundaries of property, (b) all lot lines and identification for lots with figures showing dimensions, (c) building lines and easements, (d) all dimensions for locating lots, easements, (e) radii, arc, and curve data, (f) location of permanent monuments set in subdivision, (g) name of subdivision, location and extent of property subdivided, points of compass, scale of plat, date and name of surveyor platting the tract, and (h) certification seal of land surveyor. It does not show (i) private restrictions on a separate instrument, or (j) Certificate of Survey. The missing information should be provided for approval of the plat documents. STAFF Therefore, staff recommends that the Replat of Summerland RECOMMENDATION: Farms Lot No. 1 be approved for the following reasons: 1. The plat is in accordance with the intent of the Subdivision Ordinance. 2. The plat is in accordance with the Comprehensive Plan and Future Land Use Map, which classify this area as Residential and is designated in the Primary Growth Area. 3. The platting orientation, size, and type of development for the lots to be created would appear consistent and compatible with the remaining subdivision. Subject to the following conditions: 1. That the information noted above and missing from the requirements of pages 30 and 31 of the Subdivision Ordinance (Sections 5.1 and 5.2) be provided prior to final approval of the plats. 08-06-13 Replat Summerland Farms Lot 1 Page 3 of 3 147 City of Waterloo Planning, Programming and Zoning Commission August 6, 2013 �111, • fir/ t.%• simimpuis 1i Ellin -- :Ma rani 1Iu■1�I NM Ittis t —mull i::�! Er _w__11IluulI inn MAW: Preliminary Plat of the Replat of Summerland Farms Lot No. 1 KESS & Associates, Inc. Mb 1 'Po City of Waterloo Planning, Programming and Zoning Commission August 6, 2013 Preliminary Plat of the Replat of Summerland Farms Lot No.1_ KESS & Associates, Inc. Wk N NV �� s —"'* -= r..L; "�'�/ 250 125 0 250 %rf o o \O 1Feet /—///!//T/////L/ .1-- :or IDT t $1 118 , / /* //I/ 4:°2-7".k\\\.\\.\\3_ \\\\\\\\ Ai L �� I1 I' 61 4 I I /, ,,,.=. I�, j / VlW , ///Re/Liz8 \ \,, ' ...6 FL A CSl\\ '\\ 1, Iii4 \\\\\\\ 4 'i / X4 -- . - rN\\\\\\\\ �\ I — —1 _i_- 1— MILLS LANE .1.ii1:ECil:. IDT 52 SUE1E11AN0 FARES CITY OF WATERLOO, EAC[ EAU COUNTY, RATE OP IOWA 41=7 WE II 4 \v,\\\\ r initer wr u VA 1 T T WEIS LANE 1 1 SURVIVOR% CERTIFICATION. Am' %=`,.....C.7211:41;41 , u KESS io ASSOCIATES INC. �,„„�^. g CITY OF WATERLOO PLANNING AND ZONING COMMISSION REQUEST FOR PLATTING (MINOR OR PRELIMINARY) 1. APPLICATION INFORMATION: a. b. Applicant's Name (please print): Li cm -1). Es cu L.i .t;. A). PLS 4 C FAA Address: SI S •,C. ,i.6 STPL6EY Phone: 3 Imo} Z Tel • OS o G City: L-l.N.7E17...t_co State: !Cu./4 Zip: So7o3- 4729 Status of Applicant: (a) Owner (b) Other X (CHECK ONE): If other explain: Ac.4', A4 c. Property Owner's Name if different than above (please print): / L IG >4 D(sv6C..opcnG-A,T �1TE P2ts�s LC �. ipso.0 `�uTar,c i711 1 Do DA Address: Zqo l kt, II s LANE Phone: 3i9. 9L I • G389 . 3i4.140.47g7 City:;(i17Eo State: lows Zip: 5o7oI 2. PROPERTY INFORMATION: a. Name of Plat: EP`,Y S�iiMEFan,µs LOT I b. General Location of Property: t' i (°., n 4i o� SL, µ , ,.,1,,,p .rj,)..u. c. Area of Proposed Plat: 7 7, S i S , 0 Sc F. 4'/e - I , 7 go Arc:n.:-t d. Zoning District(s): TZ. 3 , 2-17 3. OTHER DOCUMENTATION: a. Preliminary Deed of Dedication (prefered but not required) b. Overall Street Plan (if applicable) c. Six (6) copies of the Preliminary Plat which are in conformance with Section 11-3-2 of the Subdivision Ord. d. Four (4) copies of Preliminary Deed of Dedication 4. PUBLIC IMPROVEMENTS a. b. Are you requesting participation by the City in any improvements? Yes If yes specify why and for what for? l No X SEE ATZ1CLANE..-[ PL-tti1 C. Costs (estimated): Total Cost Estimate Requested City Share Storm Sewer $ $ Sanitary Sewer $ $ Paving $ $ Land Dedicated $ $ TOTAL $ $ The Request Fee of($300 + $10 per lot?(payable to the City of Waterloo) is required. This fee is non- refundable. Under no condition shall said sum or any part thereof be refunded for failure of said request to be approved. Any major change in any of the information given will require that the request go back through the process, with a new Request Fee. The undersigned certify under oath and under the penalties of perjury that all information on this request and submitted along with it is true and correct. All information submitted will be used by the Waterloo Planning, Programming, and Zoning Commission and the Waterloo City Council in making their decision. The undersigned authorize City Zoning Officials to enter the property in question in regard to -the -request. K v7/i(k,i3 Signature of Applicant Date Signature of Owner Date l Z S ZE 'L -AT 'S M).A s Lc] -r 151 Preliminary Plat Request — Lot 1 — Summerland Park Looking northwest from Mills Lane at Lot 1 of Summerland Park. Looking south from the intersection of Mills Lane and Summerland Drive at existing residential development south of the proposed plat. Looking north from Mills Lane at Lot 1 of Summerland Park. 152 CITY OF WATERLOO, IOWA WATERLOO ENGINEERING DEPARTMENT 715 Mulberry Street • Waterloo, IA 50703 • (319) 291-4312 Fax (319) 291-4262 City Engineer • email: city.engineer@waterloo-ia.org April 17, 2014 9131 9641 Aric Schroeder, City Planner Planning, Programming & Zoning Commission Waterloo City Hall Waterloo, IA 50703 RE: PRELIMINARY PLAT REPLAT SUMMERLAND FARMS LOT 1 Dear Aric: This preliminary plat has been reviewed, and it has been determined that it meets the requirements of the applicable portions of Section 3, 4 and 5 of Ordinance 2997, Subdivision Ordinance. It is recommended that this preliminary plat be approved. Sincerely, ennis J, Gentz, P.E. Assistant City Engineer CITY WEBSITE: www.cityofwaterlooiowa.com WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-274 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, APPROVING THE PRELIMINARY PLAT AND NECESSARY DOCUMENTS OF THE REPLAT OF SUMMERLAND FARMS LOT 1 IN THE CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA. WHEREAS, on this 21st day of April, 2014, at a regular meeting of the City Council of the City of Waterloo, Iowa, the Preliminary Plat of the Replat of Summerland Farms Lot 1, Waterloo, Black Hawk County, Iowa, was presented for approval, and WHEREAS, said Preliminary Plat has been previously submitted to and has been approved by the Waterloo City Planning, Programming and Zoning Commission, and WHEREAS, said Preliminary Plat has been considered and should receive approval of this Council. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Preliminary Plat of Summerland Farms Lot 1, Waterloo, Black Hawk County, Iowa, be and it is hereby approved and the Mayor and City Clerk of the City of Waterloo, Iowa, are hereby authorized and directed to certify and affix their signatures to said resolution. PASSED AND ADOPTED this 21st day of April, 2014. et Ernest G. Clark, Mayor ATTEST: Suzy Scha es, CMC City Clerk 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. 2014-274, as passed and adopted by the Council of the City of Waterloo, Iowa, on the 21st day of April, 2014. 2014. SEAL Witness my hand and seal of office this 21st day of April, Suzy Scha es, CMC City Clerk Mayor BUCK CLARK COUNCIL MEMBERS DAVID JONES Ward I CAROLYN COLE Ward 2 PAT MORRISSEY Ward 3 QUENTIN HART Ward 4 RON WELPER Ward 5 TOM LIND 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: Asril 21 2014 Prepared: April 16, 2014 Dept. Head Signature: I'C`I # of Attachments: / U SUBJECT: Request to set a date of hearing for a lease agreement with Janet Kendall -Post for a period of 10 years for property located on Riverside Drive just west of 903 Riverside Drive. Submitted by: Aric Schroeder, City Planner Recommended City Council Action: Approval Summary Statement: Transmitted herewith is the request that the City approve a lease agreement (renewal) with Janet Kendall -Post for property located on Riverside Drive just west of 903 Riverside Drive. Janet Kendall -Post is the owner of 903 Riverside Drive, which is abutting the land to be leased from the City, which was acquired through the Hazard Mitigation Grant Program (HMGP) Property Acquisition Project (flood buyout). Therefore, staff would request that the City Council approve the lease agreement with Janet Kendall -Post, to use and occupy the land in question. Expenditure Required: None. Source of Funds: N/A Policy Issue: Property Management Alternative: Background Information: The property in question is deed restricted and must be owned and maintained by the City of Waterloo as green space. The City of Waterloo is allowed to lease buyout property, as long as the terms of the lease are not in conflict with the deed restrictions. The applicant leased the property in 2012 and 2013 and is again requesting to lease the property. The proposed lease indicates a requirement that the lessee shall not use the property in any manner that is contrary to the deed restrictions, and a copy of the deed restrictions have been added as an exhibit to the lease. The lease is proposed at a rate of $1.00, and the CITY WEBSITE: www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer term of the lease is until December 31, 2024. It was indicated when the lease was approved last year that if both parties are in agreement and we are not aware of any issues surrounding the lease, that future renewal periods could have longer terms, which is why the 10 year term is being proposed this year. There were no known issues with the lease. Lease of the property allows the applicant to use the area as an extension of their existing yard, and requires that the lessee be responsible for all maintenance, including mowing the grass and snow removal. Because of the deed restrictions the property is unbuildable, and leasing it will avoid the City from having to pay to do mowing and snow removal. Legal Description: See attached Exhibit "A". cc: Noel Anderson, Community Planning & Development Director --file-- Lease of City Property West of 903 Riverside Drive LEASE AGREEMENT for CITY -OWNED PROPERTY This Lease Agreement (the "Agreement") is made and entered into this day of 2014, by and between the City of Waterloo, Iowa (hereinafter referred to as "City"), and Janet Kendall -Post (hereinafter referred to as "Lessee"). 1. The City agrees to allow the Lessee to use and occupy City property (the "Property") located on Riverside Drive just west of 903 Riverside Drive ("Lessee's Property"). The Property is known as assessor parcel nos. 891315451006, 891315451007, and part of 891315451009 and legally described in Exhibit "A" attached hereto and made a part hereof by this reference. Lessee shall use the Property only for activities incidental and customarily accessory to the use of their abutting residential property and as further allowed per the description in paragraph 4 below, and shall not use the Property for any other purpose whatsoever. 2. The City agrees to allow Lessee to use and occupy the Property for a term commencing on the 1st day of January, 2014, and terminating on the 31st day of December, 2024. The City agrees to lease the Property to the Lessee for the sum of $1.00, payable in advance upon commencement of the lease term. 3. The City may terminate this Agreement, as to any part or all of the Property, upon thirty (30) days' written notice for any reason. Lessee may terminate this Agreement, in whole but not in part, upon thirty (30) days' written notice to the Waterloo Community Planning and Development Department (the "Department"). Upon termination of this Agreement for any reason, any improvements made to or upon the Property shall, unless removed by Lessee before the termination date, become the sole property of City, to be used, sold, destroyed or otherwise handled by City at its sole discretion, without any compensation to Lessee. 4. Lessee agrees to maintain the Property, including but not limited to all required mowing and snow removal on the public sidewalk adjoining the Property along Riverside Drive. This will include reseeding and fertilizing when necessary. Lessee agrees to maintain the Property as a grass area only with any reseeding to be done with bluegrass grass seed only, or other seed approved in advance by the Department. Lessee may establish and maintain a garden on the Property in accordance with plans approved in advance by the Department, and may use the Property for private (non-commercial) recreational purposes, including but not limited to activities such as private recreational fires that meet the requirements of city ordinances, picnics, camping, etc. 5. The Property was acquired by the City through a Hazard Mitigation Grant Program (HMGP) with the Federal Emergency Management Agency (FEMA) and Iowa Homeland Security & Emergency Management Division (IHSEMD). As required by the HMGP, deed restrictions limit the use and maintenance of the Property. A copy of said deed 1 restrictions are attached as Exhibit "B" hereto and made a part hereof by this reference. Lessee shall not use the Property in any manner that is contrary to said deed restrictions. The Lessee shall not construct, place, or allow to be placed any buildings or structures except any incidental park -type structures that are individually and specifically approved in writing, in advance, by the Department. 6. In consideration of the rights and privileges granted to Lessee under this Agreement, Lessee hereby agrees to indemnify and hold the City harmless for any and all liability, claims, demands, actions, causes of action, and/or damages whatsoever, including but not limited to reasonable attorneys' fees, to any person or property which may arise out of or are in any way connected, whether directly or indirectly, with use of the Property by Lessee, its employees, agents or invitees, in any manner, and shall further indemnify the City for any damage to the Property caused by Lessee, its employees, agents or invitees. 7. Lessee shall, at its own expense, procure and maintain insurance in the minimum amount of $500,000 per occurrence, covering liability arising from the acts or omissions of Lessee, its employees, agents and invitees, and shall protect the City against such claims, damages, costs or expenses, including but not limited to reasonable attorneys' fees, on account of injury to any person or persons, or to the property of same, by reason of such casualty, accident or other occurrence on or about the Property during the term of this Agreement. Proof of insurance shall be delivered to City no later April 1st of every year that the Agreement is in effect and shall provide proof of continuing coverage before expiration of the policy. The City shall provide no insurance for the specific benefit of the Property or activities of the Lessee, its agents, employees or invitees. 8. In the event any other person acquires a right of ingress and egress across the Property with prior written consent of the City, Lessee agrees to be responsible for any additional maintenance which may be necessary, at no cost to the City. 9. Lessee shall comply with all applicable environmental laws concerning application, storage and handling of chemicals (including, without limitation, herbicides and insecticides) and fertilizers. Lessee shall apply any chemicals used for weed or insect control at levels not to exceed the manufacturer's recommendation for the soil types involved. Chemicals may not be stored on the Property. Chemicals used on the Property shall be stored in clearly marked, tightly closed containers. No chemicals or chemical containers will be disposed of on the Property. Application of chemicals for lawn or garden purposes per manufacturer's recommendation shall not be construed to constitute disposal. Lessee shall immediately notify City of any chemical discharge, leak, or spill which occurs on the Property. Lessee shall employ all means appropriate to insure that contamination does not occur, and shall be responsible to follow all applicator's licensing requirements. Lessee shall properly post all fields (when posting is required) whenever chemicals are applied. Lessee shall not dispose of any substances, including but not limited to waste oil, tires, batteries, paint, other chemicals or containers, anywhere on the Property. Solid waste may 2 not be disposed of on the Property. No underground storage tanks shall be placed or maintained on the Property. After termination, Lessee shall remain liable for violations which occurred during the term of this Agreement. 10. The City may enter the Property at any reasonable time for the purpose of consulting with Lessee, viewing the Property, making improvements, or for other reasonable purposes that do not interfere with Lessee's ability to use the Property as provided herein. 11. Lessee shall not lease or sublet any part of the Property nor assign this Agreement to any other person without the prior written permission of the City. This Agreement is personal to Lessee, shall automatically terminate upon any voluntary or involuntary transfer of title to the Lessee's abutting property, and shall not transfer to any subsequent transferee of Lessee's property. 12. Lessee agrees that on termination of the Agreement, Lessee will yield possession of the Property to City without further demand or notice, in as good order and condition as at the beginning of the term of this Agreement. Loss or damage by forces beyond Lessee's control and ordinary wear and tear are excepted. 13. Nothing in this Agreement shall, or shall be deemed or construed to, create or constitute any joint venture, partnership, agency, employment, or any other relationship between City and Lessee nor to create any liability for one party with respect to the liabilities or obligations of the other party or any other person. 14. If Lessee fails to observe any term or condition of this Agreement, it shall be in default of this Agreement, and City may then exercise any and all legal remedies available under applicable law. In the event of default Lessee shall be liable for any and all damage or loss suffered or incurred by City, including but not limited to reasonable attorneys' fees and expenses incurred in connection with the exercise of any right or remedy by City. 15. Any notice under this Agreement shall be in writing and shall be delivered in person or by United States certified mail, postage prepaid, and addressed to the other party at its last known address. Delivery of notice shall be deemed to occur (i) on the date of delivery when delivered in person, or (ii) three (3) business days following the date of deposit if mailed by United States certified mail, postage prepaid. 16. This Agreement contains the entire Agreement between the parties. None of the covenants, provisions, terms of conditions of this Agreement will be in any manner modified, waived, or abandoned, except by written instrument duly signed by both parties. This Agreement is binding upon and shall inure to the benefit of the parties and their respective heirs, personal representatives, successors and assigns. 3 IN WITNESS WHEREOF, the parties have executed this Lease Agreement by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO LESSEE By: By: Ernest G. Clark, Mayor Janet Kendall -Post Attest: Suzy Schares, City Clerk CITY'S ACKNOWLEDGMENT: STATE OF IOWA, BLACK HAWK COUNTY, SS: On this day of , 2014, before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Ernest G. Clark and Suzy Schares to me personally known, who, before by me duly sworn, did say that they are the MAYOR and CITY CLERK, respectively, of said City executing the within and foregoing instrument to which this is attached, that the seal affixed thereto is the seal of said City; that said instrument was signed and sealed on behalf of said City by authority of its City Council; and that the said MAYOR and CITY CLERK, acknowledged the execution of said instrument to be the voluntary act and deed of said City, by it and by them voluntarily executed. Notary Public LESSEE'S ACKNOWLEDGMENT STATE OF IOWA, BLACK HAWK COUNTY, SS: Acknowledged before me on , 2014, by Janet Kendall -Post. Notary Public 4 EXHIBIT "A" LEGAL DESCRIPTION Lots Nos. 1 and 2 in Block No. 7 in Division "A", Cedar River Park, Waterloo, Iowa; And A part of Division "C" in Cedar River Park in Waterloo, Iowa, described as follows, to -wit: Commencing at the Northeast corner of Lot No. 1 in Block No. 7 in Division "A" in Cedar River Park, Waterloo, Iowa, thence running North along an extension of the East line of said Lot No. 1 to its intersection with a Westerly extension of the North line of Lot No. 4 in Block 36 in Auditor Rainbows Cedar River Park Plat No. 2; thence running Westerly along the extension of the North line of Lot No. 4 in said Block 36 approximately 80 feet to its intersection with a Northerly extension of the West line of Lot No. 2 in said Block No. 7; thence Southerly along said extension of the West line of said Lot No. 2 to the Northwest corner of said Lot No. 2; thence Easterly along the Northerly lines of Lots Nos. 2 and 1 in said Block No. 7 to place of beginning. E.X 10, 4 ,.4- n6" Deed Restriction Addendum Hazard Mitigation Assistance (HMA) Program In reference to the property or properties ("Property") conveyed by the Deed between the property owners indicated below who are participating in the federally -assisted acquisition project ("the Grantor") and the City of Waterloo, Iowa ("the Grantee"), its successors and assigns: WHEREAS, The Robert T. Stafford Disaster Relief and Emergency Assistance Act, ("The Stafford Act"), 42 U.S.C. § 5121 et seq., identifies the use of disaster relief funds under § 5170c, Hazard Mitigation Grant Program ("HMGP"), including the acquisition and relocation of structures in the floodplain; and WHEREAS, the mitigation grant program provides a process for a local government, through the. State, to apply for federal funds for mitigation assistance to acquire interests in property, including the purbhase of structures in the floodplain, to demolish and/or remove the structures, and to maintain the use of the Property as open space in perpetuity; and WHEREAS, the State of Iowa has applied for and been awarded such funding from the Department of Homeland Security, Federal Emergency Management Agency ("FEMA") and has entered into a mitigation grant program Grant Agreement dated June 6, 2008, with FEMA and herein incorporated by reference; making it a mitigation grant program grantee; and WHEREAS, the Property is located in the City of Waterloo, Iowa, and the City of Waterloo, Iowa, participates in the National Flood Insurance Program ("NFIP") and is in good standing with NFIP as of the date of the Deed; and WHEREAS, the City of Waterloo, Iowa, has applied for and been awarded federal funds pursuant to an agreement with the State of Iowa dated August 11, 2009 ("State -Local Agreement"), and herein incorporated by reference, making it a mitigation grant program subgrantee; and WHEREAS, the terms of the mitigation grant program statutory authorities, Federal program requirements consistent with 44 C.F.R. Part 80, the Grant Agreement, and the State -local Agreement require that the Grantee agree to conditions that restrict the use of the land to open space in perpetuity in order to protect and preserve natural floodplain values; NOW, THEREFORE, the grant is made subject to the following terms and conditions: 1. Terms. Pursuant to the terms of the HMG program statutory authorities, Federal program requirements con!istent with 44 C.F.R. Part 80, the Grant Agreement, and the State -local Agreement, the following conditions and restrictions shall apply in perpetuity to the Property described in the attached deed and acquired by the Grantee pursuant to FEMA program requirements concerning the acquisition of property for open space: a. Compatible uses. The Property shall be dedicated and maintained in perpetuity as open space for the conservation of natural floodplain functions. Such uses may include: parks for outdoor recreational activities; wetlands management; nature reserves; cultivation; grazing; camping (except where adequate warning time is not available to allow evacuation); unimproved, unpaved parking lots; buffer zones; and other uses consistent with FEMA guidance for open space acquisition, Hazard Mitigation Assistance, Requirements for Property Acquisition and Relocation for Open Space. b. Structures. No new structures or improvements shall be erected on the Property other than: i. A public facility that is open on all sides and functionally related to a designated open space or recreational use; ii. A public rest room; or iii. A structure that is compatible with open space and conserves the natural function of the floodplain, including the uses described in Paragraph l.a., above, and approved by the FEMA Administrator in writing before construction of the structure begins. Any improvements on the Property shall be in accordance with proper floodplain management policies and practices. Structures built on the Property according to paragraph b. of this section shall be floodproofed or elevated to at least the base flood level plus 1 foot of freeboard, or greater, if required by FEMA, or if required by any State, Tribal, or local ordinance, and in accordance with criteria established by the FEMA Administrator. c. Disaster Assistance and Flood Insurance. No Federal entity or source may provide disaster assistance for any purpose with respect to the Property, nor may any application for such assistance be made to any Federal entity or source. The Property is not eligible for coverage under the NFIP for damage to structures on the property occurring after the date of the property settlement, except for pre-existing structures being relocated off the property as a result of the project. d. Transfer. The Grantee, including successors in interest, shall convey any interest in the Property only if the FEMA Regional Administrator, through the State, gives prior written approval of the transferee in accordance with this paragraph. i. The request by the Grantee, through the State, to the FEMA Regional Administrator must include a signed statement from the proposed transferee that it acknowledges and agrees to be bound by the terms of this section, and documentation of its status as a qualified conservation organization if applicable. ii. The Grantee may convey a property interest only to a public entity or to a qualified conservation organization. However, the Grantee may convey an easement or lease to a private individual or entity for purposes compatible with the uses described in paragraph (a), of this section, with the prior approval of the FEMA Regional Administrator, and so long as the conveyance does 'not include authority to control and enforce the terms and conditions of this section. 2 iii. If title to the Property is transferred to a public entity other than one with a conservation mission, it must be conveyed subject to a conservation easement that shall be recorded with the deed and shall incorporate all terms and conditions set forth in this section, including the easement holder's responsibility to enforce the easement. This shall be accomplished byone of the following means: a) The Grantee shall convey, in accordance with this paragraph, a conservation easement to an entity other than the title holder, which shall be recorded with the deed, or b) At the time of title transfer, the Grantee shall retain such conservation easement, and record it with the deed. iv. Conveyance of any property interest must reference and incorporate the original deed restrictions providing notice of the conditions in this section and must incorporate a provision for the property interest to revert to the State, Tribe, or local government in the event that the transferee ceases to exist or loses its eligible status under this section. 2. Inspection. FEMA, its representatives and assigns including the State or Tribe shall have the right to enter upon the Property, at reasonable times and with reasonable notice, for the purpose of inspecting the'Property to ensure compliance with the terms of this part, the Property conveyance and of the grant award. 3. Monitoring and Reporting. Every three years after the date this deed is recorded, the Grantee (mitigation grant program subgrantee), in coordination with any current successor in interest, shall submit through the State to the FEMA Regional Administrator a report certifying that the Grantee has inspected the Property within the month preceding the report, and that the Property continues to be maintained consistent with the provisions of 44 C.F.R. Part 80, the property conveyance, and the grant award. 4. Enforcement.: The Grantee (mitigation grant program subgrantee), the State, FEMA, and their respective representatives, successors and assigns, are responsible for taking measures to bring the Property back into compliance if the Property is not maintained according to the terms of 44 C.F.R. Part 80, the property conveyance, and the grant award. The relative rights and responsibilities of FEMA, the State, the Grantee, and subsequent holders of the property interest at the time of enforcement, shall include the following: a. The State' will notify the Grantee and any current holder of the property interest in writing and advise them that they have 60 days to correct the violation. i. If the Grantee or any current holder of the property interest fails to demonstrate a good faith effort to come into compliance with the terms of the grant within the 60 -day period, the State shall enforce the terms of the grant by taking any measures it deems appropriate, including but not limited to bringing an action at law or in equity in a court of competent jurisdiction. ii. FEMA; its representatives, and assignees may enforce the terms of the grant by taking any measures it deems appropriate, including but not limited to 1 or more of the following: 3 a) Withholding FEMA mitigation awards or assistance from the State or Tribe, and Grantee; and current holder of the property interest. b) Requiring transfer of title. The Grantee or the current holder of the property interest shall bear the costs of bringing the Property back into compliance with the terms of the grant; or c) Bringing an action at law or in equity in a court of competent jurisdiction against any or all of the following parties: the State, the Tribe, the local community, and their respective successors. 5. Amendment. This agreement may be amended upon signatures of FEMA, the State, and the Grantee only to the extent that such amendment does not affect the fundamental and statutory purposes underlying the agreement. 6. Severability. Should any provision of this grant or the application thereof to any person or circumstance be found to be invalid or unenforceable, the rest and remainder of the provisions of this grant and their application shall not be affected and shall remain valid and enforceable. GRANTORS Sandra A. Schipper LJ\ Paul H. Schipper 4 GRANTEE City of Waterloo, Iowa By: Title: Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-275 RESOLUTION FIXING THE TIME AND PLACE OF HEARING TO BE GIVEN ON A PROPOSED LEASE AGREEMENT WITH JANET KENDALL-POST FOR LEASE OF PROPERTY LOCATED ON RIVERSIDE DRIVE JUST WEST OF 903 RIVERSIDE DRIVE, AS MAY 5, 2014, AT 5:30 P.M. IN THE LAW COURT THEATER IN THE WATERLOO CENTER FOR THE ARTS AND INSTRUCTING THE CITY CLERK TO PUBLISH NOTICE OF HEARING. WHEREAS, 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 5th day of May, 2014, for the purpose of considering and acting upon the proposed Lease Agreement with Janet Kendall -Post for lease of property located on Riverside Drive just west of 903 Riverside Drive at a cost of $1.00, for the period January 1, 2014 through December 31, 2024. 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 21st day of April, 2014. ATTEST: �X.-�... JVD c�. C�✓-� Suzy Scha\e , CMC City Clerk Ernest G. Clark, Mayor Mayor BUCK CLARK COUNCIL MEMBERS DAVID JONES Ward I CAROLYN COLE Ward 2 PAT MORRISSEY Ward 3 QUENTIN HART Ward 4 RON WELPER Ward 5 TOM LIND 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: Asril 21 2014 Prepared: April 16, 2014 //I Dept. Head Signature: # of Attachments: /c SUBJECT: Request to set a date of hearing for a lease agreement with George A. Ryan and Loretta R. Ryan for a period of 10 years for property located on Riverside Drive just east of 727 Riverside Drive. Submitted by: Aric Schroeder, City Planner Recommended City Council Action: Approval Summary Statement: Transmitted herewith is the request that the City approve a lease agreement (renewal) with George A. Ryan and Loretta R. Ryan for property located on Riverside Drive just east of 727 Riverside Drive. Ryan's are the owners of 727 Riverside Drive, which is abutting the land to be leased from the City, which was acquired through the Hazard Mitigation Grant Program (HMGP) Property Acquisition Project (flood buyout). Therefore, staff would request that the City Council approve the lease agreement with George A. Ryan and Loretta R. Ryan, to use and occupy the land in question. Expenditure Required: None. Source of Funds: N/A Policy Issue: Property Management Alternative: Background Information: The property in question is deed restricted and must be owned and maintained by the City of Waterloo as green space. The City of Waterloo is allowed to lease buyout property, as long as the terms of the lease are not in conflict with the deed restrictions. The applicants leased the property in 2012 and 2013 and are again requesting to lease the property. The proposed lease indicates a requirement that the lessee shall not use the property in any manner that is contrary to the deed restrictions, and a copy of the deed restrictions have been added as an exhibit to the lease. The lease is proposed at a rate of $1.00, and the CITY WEBSITE: www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer term of the lease is until December 31, 2024. It was indicated when the lease was approved last year that if both parties are in agreement and we are not aware of any issues surrounding the lease, that future renewal periods could have longer terms, which is why the 10 year term is being proposed this year. There were no known issues with the lease. Lease of the property allows the applicants to use the area as an extension of their existing yard, and requires that the lessee be responsible for all maintenance, including mowing the grass and snow removal. Because of the deed restrictions the property is unbuildable, and leasing it will avoid the City from having to pay to do mowing and snow removal. Legal Description: See attached Exhibit "A". cc: Noel Anderson, Community Planning & Development Director --file-- Lease of City Property East of 727 Riverside Drive LEASE AGREEMENT for CITY -OWNED PROPERTY This Lease Agreement (the "Agreement") is made and entered into this _ day of 2014, by and between the City of Waterloo, Iowa (hereinafter referred to as "City"), and George A. Ryan and Loretta R. Ryan (hereinafter referred to as "Lessee"). 1. The City agrees to allow the Lessee to use and occupy City property (the "Property") located on Riverside Drive just east of 727 Riverside Drive ("Lessee's Property"). The Property is known as assessor parcel nos. 891315451008 and part of 891315451009 and legally described in Exhibit "A" attached hereto and made a part hereof by this reference. Lessee shall use the Property only for activities incidental and customarily accessory to the use of their abutting residential property and as further allowed per the description in paragraph 4 below, and shall not use the Property for any other purpose whatsoever. 2. The City agrees to allow Lessee to use and occupy the Property for a term commencing on the 1st day of January, 2014, and terminating on the 31St day of December, 2024. The City agrees to lease the Property to the Lessee for the sum of $1.00, payable in advance upon commencement of the lease term. 3. The City may terminate this Agreement, as to any part or all of the Property, upon thirty (30) days' written notice for any reason. Lessee may terminate this Agreement, in whole but not in part, upon thirty (30) days' written notice to the Waterloo Community Planning and Development Department (the "Department"). Upon termination of this Agreement for any reason, any improvements made to or upon the Property shall, unless removed by Lessee before the termination date, become the sole property of City, to be used, sold, destroyed or otherwise handled by City at its sole discretion, without any compensation to Lessee. 4. Lessee agrees to maintain the Property, including but not limited to all required mowing and snow removal on the public sidewalk adjoining the Property along Riverside Drive. This will include reseeding and fertilizing when necessary. Lessee agrees to maintain the Property as a grass area only with any reseeding to be done with bluegrass grass seed only, or other seed approved in advance by the Department. Lessee may establish and maintain a garden on the Property in accordance with plans approved in advance by the Department, and may use the Property for private (non-commercial) recreational purposes, including but not limited to activities such as private recreational fires that meet the requirements of city ordinances, picnics, camping, etc. 5. The Property was acquired by the City through a Hazard Mitigation Grant Program (HMGP) with the Federal Emergency Management Agency (FEMA) and Iowa Homeland Security & Emergency Management Division (IHSEMD). As required by the HMGP, deed restrictions limit the use and maintenance of the Property. A copy of said deed restrictions are attached as Exhibit "B" hereto and made a part hereof by this reference. 1 Lessee shall not use the Property in any manner that is contrary to said deed restrictions. The Lessee shall not construct, place, or allow to be placed any buildings or structures except any incidental park -type structures that are individually and specifically approved in writing, in advance, by the Department. 6. In consideration of the rights and privileges granted to Lessee under this Agreement, Lessee hereby agrees to indemnify and hold the City harmless for any and all liability, claims, demands, actions, causes of action, and/or damages whatsoever, including but not limited to reasonable attorneys' fees, to any person or property which may arise out of or are in any way connected, whether directly or indirectly, with use of the Property by Lessee, its employees, agents or invitees, in any manner, and shall further indemnify the City for any damage to the Property caused by Lessee, its employees, agents or invitees. 7. Lessee shall, at its own expense, procure and maintain insurance in the minimum amount of $500,000 per occurrence, covering liability arising from the acts or omissions of Lessee, its employees, agents and invitees, and shall protect the City against such claims, damages, costs or expenses, including but not limited to reasonable attorneys' fees, on account of injury to any person or persons, or to the property of same, by reason of such casualty, accident or other occurrence on or about the Property during the term of this Agreement. Proof of insurance shall be delivered to City no later April 1st of every year that the Agreement is in effect and shall provide proof of continuing coverage before expiration of the policy. The City shall provide no insurance for the specific benefit of the property or activities of the Lessee, its agents, employees or invitees. 8. In the event any other person acquires a right of ingress and egress across the Property with prior written consent of the City, Lessee agrees to be responsible for any additional maintenance which may be necessary, at no cost to the City. 9. Lessee shall comply with all applicable environmental laws concerning application, storage and handling of chemicals (including, without limitation, herbicides and insecticides) and fertilizers. Lessee shall apply any chemicals used for weed or insect control at levels not to exceed the manufacturer's recommendation for the soil types involved. Chemicals may not be stored on the Property. Chemicals used on the Property shall be stored in clearly marked, tightly closed containers. No chemicals or chemical containers will be disposed of on the Property. Application of chemicals for lawn or garden purposes per manufacturer's recommendation shall not be construed to constitute disposal. Lessee shall immediately notify City of any chemical discharge, leak, or spill which occurs on the Property. Lessee shall employ all means appropriate to insure that contamination does not occur, and shall be responsible to follow all applicator's licensing requirements. Lessee shall properly post all fields (when posting is required) whenever chemicals are applied. Lessee shall not dispose of any substances, including but not limited to waste oil, tires, batteries, paint, other chemicals or containers, anywhere on the Property. Solid waste may 2 not be disposed of on the Property. maintained on the Property. After termination, Lessee during the term of this Agreement. No underground storage tanks shall be placed or shall remain liable for violations which occurred 10. The City may enter the Property at any reasonable time for the purpose of consulting with Lessee, viewing the Property, making improvements, or for other reasonable purposes that do not interfere with Lessee's ability to use the Property as provided herein. 11. Lessee shall not lease or sublet any part of the Property nor assign this Agreement to any other person without the prior written permission of the City. This Agreement is personal to Lessee, shall automatically terminate upon any voluntary or involuntary transfer of title to the Lessee's abutting property, and shall not transfer to any subsequent transferee of Lessee's property. 12. Lessee agrees that on termination of the Agreement, Lessee will yield possession of the Property to City without further demand or notice, in as good order and condition as at the beginning of the term of this Agreement. Loss or damage by forces beyond Lessee's control and ordinary wear and tear are excepted. 13. Nothing in this Agreement shall, or shall be deemed or construed to, create or constitute any joint venture, partnership, agency, employment, or any other relationship between City and Lessee nor to create any liability for one party with respect to the liabilities or obligations of the other party or any other person. 14. If Lessee fails to observe any term or condition of this Agreement, it shall be in default of this Agreement, and City may then exercise any and all legal remedies available under applicable law. In the event of default Lessee shall be liable for any and all damage or loss suffered or incurred by City, including but not limited to reasonable attorneys' fees and expenses incurred in connection with the exercise of any right or remedy by City. 15. Any notice under this Agreement shall be in writing and shall be delivered in person or by United States certified mail, postage prepaid, and addressed to the other party at its last known address. Delivery of notice shall be deemed to occur (i) on the date of delivery when delivered in person, or (ii) three (3) business days following the date of deposit if mailed by United States certified mail, postage prepaid. 16. This Agreement contains the entire Agreement between the parties. None of the covenants, provisions, terms of conditions of this Agreement will be in any manner modified, waived, or abandoned, except by written instrument duly signed by both parties. This Agreement is binding upon and shall inure to the benefit of the parties and their respective heirs, personal representatives, successors and assigns. 3 IN WITNESS WHEREOF, the parties have executed this Lease Agreement by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO LESSEE By: By: Ernest G. Clark, Mayor George A. Ryan Attest: Suzy Schares, City Clerk CITY'S ACKNOWLEDGMENT: By: Loretta R. Ryan STATE OF IOWA, BLACK HAWK COUNTY, SS: On this day of , 2014, before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Ernest G. Clark and Suzy Schares to me personally known, who, before by me duly sworn, did say that they are the MAYOR and CITY CLERK, respectively, of said City executing the within and foregoing instrument to which this is attached, that the seal affixed thereto is the seal of said City; that said instrument was signed and sealed on behalf of said City by authority of its City Council; and that the said MAYOR and CITY CLERK, acknowledged the execution of said instrument to be the voluntary act and deed of said City, by it and by them voluntarily executed. Notary Public LESSEE'S ACKNOWLEDGMENT STATE OF IOWA, BLACK HAWK COUNTY, SS: Acknowledged before me on , 2014, by George A. Ryan and Loretta R. Ryan. 4 Notary Public EXHIBIT "A" LEGAL DESCRIPTION Lots Nos. 3 and 4 in Block No. 7 in Division "A", Cedar River Park, Waterloo, Iowa; And A part of Division "C" in Cedar River Park in Waterloo, Iowa, described as follows, to -wit: Commencing at the Northwest corner of Lot No. 4 in Block No. 7 in Division "A" in Cedar River Park, Waterloo, Iowa, thence running North along an extension of the West line of said Lot No. 4 to its intersection with a Westerly extension of the North line of Lot No. 4 in Block 36 in Auditor Rainbows Cedar River Park Plat No. 2; thence running Easterly along the extension of the North line of Lot No. 4 in said Block 36 approximately 80 feet to its intersection with a Northerly extension of the East line of Lot No. 3 in said Block No. 7; thence Southerly along the extension of the East line of said Lot No. 3 to the Northeast corner of Lot No. 3 in said Block No. 7; thence Westerly and Southwesterly along the Northerly lines of Lots Nos. 3 and 4 in said Block No. 7 to place of beginning. fi.14' +— /I/�/1 a V Deed Restriction Addendum Hazard Mitigation Assistance (HMA) Program In reference to the property or properties ("Property") conveyed by the Deed between the property owners indicated below who are participating in the federally -assisted acquisition project ("the Grantor") and the City of Waterloo, Iowa ("the Grantee"), its successors and assigns: WHEREAS, The Robert T. Stafford Disaster Relief and Emergency Assistance Act, ("The Stafford Act"), 42 U.S.C. § 5121 et seq., identifies the use of disaster relief funds under § 5170c, Hazard Mitigation Grant Program ("HMGP"), including the acquisition and relocation of structures in the floodplain; and WHEREAS, the mitigation grant program provides a process for a local government, through the State, to apply for federal funds for mitigation assistance to acquire interests in property, including the purchase of structures in the floodplain, to demolish and/or remove the structures, and to maintain the use of the Property as open space in perpetuity; and WHEREAS, the State of Iowa has applied for and been awarded such funding from the Department of Homeland Security, Federal Emergency Management Agency ("FEMA") and has entered into a mitigation grant program Grant Agreement dated June 6, 2008, with FEMA and herein incorporated by reference; making it a mitigation grant program grantee; and WHEREAS, the Property is located in the City of Waterloo, Iowa, and the City of Waterloo, Iowa, participates in the National Flood Insurance Program ("NFIP") and is in good standing with NFIP as of the date of the Deed; and WHEREAS, the City of Waterloo, Iowa, has applied for and been awarded federal funds pursuant to an agreement with the State of Iowa dated August 11, 2009 ("State -Local Agreement"), and herein incorporated by reference, making it a mitigation grant program subgrantee; and WHEREAS, the terms of the mitigation grant program statutory authorities, Federal program requirements consistent with 44 C.F.R. Part 80, the Grant Agreement, and the State -local Agreement require that the Grantee agree to conditions that restrict the use of the land to open space in perpetuity in order to protect and preserve natural floodplain values; NOW, THEREFORE, the grant is made subject to the following terms and conditions: 1. Terms. Pursuant to the terms of the HMG program statutory authorities, Federal program requirements consistent with 44 C.F.R. Part 80, the Grant Agreement, and the State -local Agreement, the following conditions and restrictions shall apply in perpetuity to the Property described in the attached deed and acquired by the Grantee pursuant to FEMA program requirements concerning the acquisition of property for open space: a. Compatible uses. The Property shall be dedicated and maintained in perpetuity as open space for the conservation of natural floodplain functions. Such uses may include: parks for outdoor recreational activities; wetlands management; nature reserves; cultivation; grazing; camping (except where adequate warning time is not available to allow evacuation); unimproved, unpaved parking lots; buffer zones; and other uses consistent with FEMA guidance for open space acquisition, Hazard Mitigation Assistance, Requirements for Property Acquisition and Relocation for Open Space. b. Structures. No new structures or improvements shall be erected on the Property other than: i. A public facility that is open on all sides and functionally related to a designated open space or recreational use; ii. A public rest room; or iii. A structure that is compatible with open space and conserves the natural function of the floodplain, including the uses described in Paragraph l.a., above, and approved by the FEMA Administrator in writing before construction of the structure begins. Any improvements on the Property shall be in accordance with proper floodplain management policies and practices. Structures built on the Property according to paragraph b. of this section shall be floodproofed or elevated to at least the base flood level plus 1 foot of freeboard, or greater, if required by FEMA, or if required by any State, Tribal, or local ordinance, and in accordance with criteria established by the FEMA Administrator. c. Disaster Assistance and Flood Insurance. No Federal entity or source may provide disaster assistance for any purpose with respect to the Property, nor may any application for such assistance be made to any Federal entity or source. The Property is not eligible for coverage under the NFIP for damage to structures on the property occurring after the date of the property settlement, except for pre-existing structures being relocated off the property as a result of the project. d. Transfer. The Grantee, including successors in interest, shall convey any interest in the Property only if the FEMA Regional Administrator, through the State, gives prior written approval of the transferee in accordance with this paragraph. i. The request by the Grantee, through the State, to the FEMA Regional Administrator must include a signed statement from the proposed transferee that it acknowledges and agrees to be bound by the terms of this section, and documentation of its status as a qualified conservation organization if applicable. ii. The Grantee may convey a property interest only to a public entity or to a qualified conservation organization. However, the Grantee may convey an easement or lease to a private individual or entity for purposes compatible with the uses described in paragraph (a), of this section, with the prior approval of the FEMA Regional Administrator, and so long as the conveyance does 'not include authority to control and enforce the terms and conditions of this section. 2 iii. If title to the Property is transferred to a public entity other than one with a conservation mission, it must be conveyed subject to a conservation easement that shall be recorded with the deed and shall incorporate all terms and conditions set forth in this section, including the easement holder's responsibility to enforce the easement. This shall be accomplished by one of the following means: a) The Grantee shall convey, in accordance with this paragraph, a conservation easement to an entity other than the title holder, which shall be recorded with the deed, or b) At the time of title transfer, the Grantee shall retain such conservation easement, and record it with the deed. iv. Conveyance of any property interest must reference and incorporate the original deed restrictions providing notice of the conditions in this section and must incorporate a provision for the property interest to revert to the State, Tribe, or local government in the event that the transferee ceases to exist or loses its eligible status under this section. 2. Inspection. FEMA, its representatives and assigns including the State or Tribe shall have the right to enter upon the Property, at reasonable times and with reasonable notice, for the purpose of inspecting the Property to ensure compliance with the terms of this part, the Property conveyance and of the grant award. 3. Monitoring and Reporting. Every three years after the date this deed is recorded, the Grantee (mitigation grant program subgrantee), in coordination with any current successor in interest, shall submit through the State to the FEMA Regional Administrator a report certifying that the Grantee has inspected the Property within the month preceding the report, and that the Property continues to be maintained consistent with the provisions of 44 C.F.R. Part 80, the property conveyance, and the grant award. 4. Enforcement.The Grantee (mitigation grant program subgrantee), the State, FEMA, and their respective representatives, successors and assigns, are responsible for taking measures to bring the Property back into compliance if the Property is not maintained according to the terms of 44 C.F.R. Part 80, the property conveyance, and the grant award. The relative rights and responsibilities of FEMA, the State, the Grantee, and subsequent holders of the property interest at the time of enforcement, shall include the following: a. The Statewill notify the Grantee and any current holder of the property interest in writing and advise them that they have 60 days to correct the violation. i. If the Grantee or any current holder of the property interest fails to demonstrate a good faith effort to come into compliance with the terms of the grant within the 60 -day period, the State shall enforce the terms of the grant by taking any measures it deems appropriate, including but not limited to bringing an action at law or in equity in a court of competent jurisdiction. ii. FEMA; its representatives, and assignees may enforce the terms of the grant by taking any measures it deems appropriate, including but not limited to 1 or more of the following: 3 a) Withholding FEMA mitigation awards or assistance from the State or Tribe, and Grantee; and current holder of the property interest. b) Requiring transfer of title. The Grantee or the current holder of the property interest shall bear the costs of bringing the Property back into compliance with the terms of the grant; or c) Bringing an action at law or in equity in a court of competent jurisdiction against any or all of the following parties: the State, the Tribe, the local community, and their respective successors. 5. Amendment. This agreement may be amended upon signatures of FEMA, the State, and the Grantee only to the extent that such amendment does not affect the fundamental and statutory purposes underlying the agreement. 6. Severability. Should any provision of this grant or the application thereof to any person or circumstance be found to be invalid or unenforceable, the rest and remainder of the provisions of this grant and their application shall not be affected and shall remain valid and enforceable. GRANTORS Sandra A. Schipper Paul H. Schipper )1/47-kp 4 GRANTEE City of Waterloo, Iowa By: Title: Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-276 RESOLUTION FIXING THE TIME AND PLACE OF HEARING TO BE GIVEN ON A PROPOSED LEASE AGREEMENT WITH GEORGE A. RYAN AND LORETTA R. RYAN FOR LEASE OF PROPERTY LOCATED ON RIVERSIDE DRIVE JUST EAST OF 727 RIVERSIDE DRIVE, AS MAY 5, 2014, AT 5:30 P.M. IN THE LAW COURT THEATER IN THE WATERLOO CENTER FOR THE ARTS AND INSTRUCTING THE CITY CLERK TO PUBLISH NOTICE OF HEARING. WHEREAS, 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 5th day of May, 2014, for the purpose of considering and acting upon the proposed Lease Agreement with George A. Ryan and Loretta R. Ryan for lease of property located on Riverside Drive just east of 727 Riverside Drive at a cost of $1.00, for the period January 1, 2014 through December 31, 2024. 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 21st day of April, 2014. Ernest G. Clark,441:" Mayor ATTEST: Suzy Schar MC City Clerk Mayor BUCK CLARK COUNCIL MEMBERS DAVID JONES Ward 1 CAROLYN COLE Ward 2 PAT MORRISSEY Ward 3 QUENTIN HART Ward 4 RON WELPER Ward 5 TOM LIND 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 21, 2014 Prepared: April 16, 2014 Dept. Head Signature: G # of Attachments: / SUBJECT: Request to set a date of hearing for a lease agreement with Darlyne Yagla for a period of 10 years for property located on Riverside Drive just south of 509 Riverside Drive. Submitted by: Aric Schroeder, City Planner Recommended City Council Action: Approval Summary Statement: Transmitted herewith is the request that the City approve a lease agreement (renewal) with Darlyne Yagla for property located on Riverside Drive just south of 509 Riverside Drive. Yagla is the owner of 509 Riverside Drive, which is abutting the land to be leased from the City, which was acquired through the Hazard Mitigation Grant Program (HMGP) Property Acquisition Project (flood buyout). Therefore, staff would request that the City Council approve the lease agreement with Darlyne Yagla, to use and occupy the land in question. Expenditure Required: None. Source of Funds: N/A Policy Issue: Property Management Alternative: Background Information: The property in question is deed restricted and must be owned and maintained by the City of,Waterloo as green space. The City of Waterloo is allowed to lease buyout property, as long as the terms of the lease are not in conflict with the deed restrictions. The applicant leased the property in 2012 and 2013 and is again requesting to lease the property in. The proposed lease indicates a requirement that the lessee shall not use the property in any manner that is contrary to the deed restrictions, and a copy of the deed restrictions have been added as an exhibit to the lease. The lease is proposed at a rate of $1.00, and the CITY WEBSITE: wwwci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer term of the lease is until December 31, 2024. It was indicated when the lease was approved last year that if both parties are in agreement and we are not aware of any issues surrounding the lease, that future renewal periods could have longer terms, which is why the 10 year term is being proposed this year. There were no known issues with the lease. Lease of the property will allow the applicant to use the area as an extension of their existing yard, and requires that the lessee be responsible for all maintenance, including mowing the grass and snow removal. Because of the deed restrictions the property is unbuildable, and leasing it will avoid the City from having to pay to do mowing and snow removal. Legal Description: See attached Exhibit "A". cc: Noel Anderson, Community Planning & Development Director --file-- Lease of City Property South of 509 Riverside Drive Norwood Ave LEASE AGREEMENT for CITY -OWNED PROPERTY This Lease Agreement (the "Agreement") is made and entered into this _ day of , 2014, by and between the City of Waterloo, Iowa (hereinafter referred to as "City"), and Darlyne Yagla (hereinafter referred to as "Lessee"). 1. The City agrees to allow the Lessee to use and occupy City property (the "Property") located on Riverside Drive just south of 509 Riverside Drive ("Lessee's Property"). The Property is known as assessor parcel no. 891315456003 and legally described in Exhibit "A" attached hereto and made a part hereof by this reference. Lessee shall use the Property only for activities incidental and customarily accessory to the use of their abutting residential property and as further allowed per the description in paragraph 4 below, and shall not use the Property for any other purpose whatsoever. 2. The City agrees to allow Lessee to use and occupy the Property for a term commencing on the 1St day of January, 2014, and terminating on the 31St day of December, 2024. The City agrees to lease the Property to the Lessee for the sum of $1.00, payable in advance upon commencement of the lease term. 3. The City may terminate this Agreement, as to any part or all of the Property, upon thirty (30) days' written notice for any reason. Lessee may terminate this Agreement, in whole but not in part, upon thirty (30) days' written notice to the Waterloo Community Planning and Development Department (the "Department"). Upon termination of this Agreement for any reason, any improvements made to or upon the Property shall, unless removed by Lessee before the termination date, become the sole property of City, to be used, sold, destroyed or otherwise handled by City at its sole discretion, without any compensation to Lessee. 4. Lessee agrees to maintain the Property, including but not limited to all required mowing and snow removal on the public sidewalk adjoining the Property along Riverside Drive. This will include reseeding and fertilizing when necessary. Lessee agrees to maintain the Property as a grass area only with any reseeding to be done with bluegrass grass seed only, or other seed approved in advance by the Department. Lessee may establish and maintain a garden on the Property in accordance with plans approved in advance by the Department, and may use the Property for private (non-commercial) recreational purposes, including but not limited to activities such as private recreational fires that meet the requirements of city ordinances, picnics, camping, etc. 5. The Property was acquired by the City through a Hazard Mitigation Grant Program (HMGP) with the Federal Emergency Management Agency (FEMA) and Iowa Homeland Security & Emergency Management Division (IHSEMD). As required by the HMGP, deed restrictions limit the use and maintenance of the Property. A copy of said deed restrictions are attached as Exhibit "B" hereto and made a part hereof by this reference. 1 Lessee shall not use the Property in any manner that is contrary to said deed restrictions. The Lessee shall not construct, place, or allow to be placed any buildings or structures except any incidental park -type structures that are individually and specifically approved in writing, in advance, by the Department. 6. In consideration of the rights and privileges granted to Lessee under this Agreement, Lessee hereby agrees to indemnify and hold the City harmless for any and all liability, claims, demands, actions, causes of action, and/ or damages whatsoever, including but not limited to reasonable attorneys' fees, to any person or property which may arise out of or are in any way connected, whether directly or indirectly, with use of the Property by Lessee, its employees, agents or invitees, in any manner, and shall further indemnify the City for any damage to the Property caused by Lessee, its employees, agents or invitees. 7. Lessee shall, at its own expense, procure and maintain insurance in the minimum amount of $500,000 per occurrence, covering liability arising from the acts or omissions of Lessee, its employees, agents and invitees, and shall protect the City against such claims, damages, costs or expenses, including but not limited to reasonable attorneys' fees, on account of injury to any person or persons, or to the property of same, by reason of such casualty, accident or other occurrence on or about the Property during the term of this Agreement. Proof of insurance shall be delivered to City no later April 1st of every year that the Agreement is in effect and shall provide proof of continuing coverage before expiration of the policy. The City shall provide no insurance for the specific benefit of the Property or activities of the Lessee, its agents, employees or invitees. 8. In the event any other person acquires a right of ingress and egress across the Property with prior written consent of the City, Lessee agrees to be responsible for any additional maintenance which may be necessary, at no cost to the City. 9. Lessee shall comply with all applicable environmental laws concerning application, storage and handling of chemicals (including, without limitation, herbicides and insecticides) and fertilizers. Lessee shall apply any chemicals used for weed or insect control at levels not to exceed the manufacturer's recommendation for the soil types involved. Chemicals may not be stored on the Property. Chemicals used on the Property shall be stored in clearly marked, tightly closed containers. No chemicals or chemical containers will be disposed of on the Property. Application of chemicals for lawn or garden purposes per manufacturer's recommendation shall not be construed to constitute disposal. Lessee shall immediately notify City of any chemical discharge, leak, or spill which occurs on the Property. Lessee shall employ all means appropriate to insure that contamination does not occur, and shall be responsible to follow all applicator's licensing requirements. Lessee shall properly post the Property (when posting is required) whenever chemicals are applied. Lessee shall not dispose of any substances, including but not limited to waste oil, tires, batteries, paint, other chemicals or containers, anywhere on the Property. Solid waste may 2 not be disposed of on the Property. No underground storage tanks shall be placed or maintained on the Property. After termination, Lessee shall remain liable for violations which occurred during the term of this Agreement. 10. The City may enter the Property at any reasonable time for the purpose of consulting with Lessee, viewing the Property, making improvements, or for other reasonable purposes that do not interfere with Lessee's ability to use the Property as provided herein. 11. Lessee shall not lease or sublet any part of the Property nor assign this Agreement to any other person without the prior written permission of the City. This Agreement is personal to Lessee, shall automatically terminate upon any voluntary or involuntary transfer of title to the Lessee's abutting property, and shall not transfer to any subsequent transferee of Lessee's property. 12. Lessee agrees that on termination of the Agreement, Lessee will yield possession of the Property to City without further demand or notice, in as good order and condition as at the beginning of the term of this Agreement. Loss or damage by forces beyond Lessee's control and ordinary wear and tear are excepted. 13. Nothing in this Agreement shall, or shall be deemed or construed to, create or constitute any joint venture, partnership, agency, employment, or any other relationship between City and Lessee nor to create any liability for one party with respect to the liabilities or obligations of the other party or any other person. 14. If Lessee fails to observe any term or condition of this Agreement, it shall be in default of this Agreement, and City may then exercise any and all legal remedies available under applicable law. In the event of default Lessee shall be liable for any and all damage or loss suffered or incurred by City, including but not limited to reasonable attorneys' fees and expenses incurred in connection with the exercise of any right or remedy by City. 15. Any notice under this Agreement shall be in writing and shall be delivered in person or by United States certified mail, postage prepaid, and addressed to the other party at its last known address. Delivery of notice shall be deemed to occur (i) on the date of delivery when delivered in person, or (ii) three (3) business days following the date of deposit if mailed by United States certified mail, postage prepaid. 16. This Agreement contains the entire Agreement between the parties. None of the covenants, provisions, terms of conditions of this Agreement will be in any manner modified, waived, or abandoned, except by written instrument duly signed by both parties. This Agreement is binding upon and shall inure to the benefit of the parties and their respective heirs, personal representatives, successors and assigns. 3 IN WITNESS WHEREOF, the parties have executed this Lease Agreement by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO LESSEE By: By: Ernest G. Clark, Mayor Darlyne Yagla Attest: Suzy Schares, City Clerk CITY'S ACKNOWLEDGMENT: STATE OF IOWA, BLACK HAWK COUNTY, SS: On this day of , 2014, before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Ernest G. Clark and Suzy Schares to me personally known, who, before by me duly sworn, did say that they are the MAYOR and CITY CLERK, respectively, of said City executing the within and foregoing instrument to which this is attached, that the seal affixed thereto is the seal of said City; that said instrument was signed and sealed on behalf of said City by authority of its City Council; and that the said MAYOR and CITY CLERK, acknowledged the execution of said instrument to be the voluntary act and deed of said City, by it and by them voluntarily executed. Notary Public LESSEE'S ACKNOWLEDGMENT STATE OF IOWA, BLACK HAWK COUNTY, SS: Acknowledged before me on , 2014, by Darlyne Yagla. Notary Public 4 EXHIBIT "A" LEGAL DESCRIPTION Lot 4 in Block 4 in Division "A" and a tract of land adjoining said Lot 4 described as follows: Beginning at the Northwesterly corner of said Lot 4; thence Southerly along the West line of said Lot 4 to the Southwesterly corner of said lot 4; thence West on a continuation of the South line of said Lot 4 to the boundary line along the Northeasterly Bank of the Cedar River established by the Boundary Commission appointed by the District Court of Black Hawk County, Iowa; thence Northwesterly along said boundary line to a point where the North line of said Lot 4, if extended in a Westerly direction, would intersect said boundary line; thence East to the place of beginning; and That part of vacated Riehl Street located West of the Westerly line of vacated Riverside Drive; All in Cedar River Park in the City of Waterloo, Iowa. Ex 1\ hi'+ "3" Deed Restriction Addendum Hazard Mitigation Assistance (HMA) Program In reference to the property or properties ("Property") conveyed by the Deed between the property owners indicated below who are participating in the federally -assisted acquisition project ("the Grantor") and the City of Waterloo, Iowa ("the Grantee"), its successors and assigns: WHEREAS, The Robert T. Stafford Disaster Relief and Emergency Assistance Act, ("The Stafford Act"), 42 U.S.C. § 5121 et seq., identifies the use of disaster relief funds under § 5170c, Hazard Mitigation Grant Program ("HMGP"), including the acquisition and relocation of structures in the floodplain; and WHEREAS, the mitigation grant program provides a process for a local government, through the State, to apply for federal funds for mitigation assistance to acquire interests in property, including the purchase of structures in the floodplain, to demolish and/or remove the structures, and to maintain the use of the Property as open space in perpetuity; and WHEREAS, the State of Iowa has applied for and been awarded such funding from the Department of Homeland Security, Federal Emergency Management Agency ("FEMA") and has entered into a mitigation grant program Grant Agreement dated June 6, 2008, with FEMA and herein incorporated by reference; making it a mitigation grant program grantee; and WHEREAS, the Property is located in the City of Waterloo, Iowa, and the City of Waterloo, Iowa, participates in the National Flood Insurance Program ("NFIP") and is in good standing with NFIP as of the date of the Deed; and WHEREAS, the City of Waterloo, Iowa, has applied for and been awarded federal funds pursuant to an agreement with the State of Iowa dated August 11, 2009 ("State -Local Agreement"), and herein incorporated by reference, making it a mitigation grant program subgrantee; and WHEREAS, the terms of the mitigation grant program statutory authorities, Federal program requirements consistent with 44 C.F.R. Part 80, the Grant Agreement, and the State -local Agreement require that the Grantee agree to conditions that restrict the use of the land to open space in perpetuity in order to protect and preserve natural floodplain values; NOW, THEREFORE, the grant is made subject to the following terms and conditions: 1. Terms. Pursuant to the terms of the HMG program statutory authorities, Federal program requirements consistent with 44 C.F.R. Part 80, the Grant Agreement, and the State -local Agreement, the following conditions and restrictions shall apply in perpetuity to the Property described in the attached deed and acquired by the Grantee pursuant to FEMA program requirements concerning the acquisition of property for open space: a. Compatible uses. The Property shall be dedicated and maintained in perpetuity as open space for the conservation of natural floodplain functions. Such uses may include: parks for outdoor recreational activities; wetlands management; nature reserves; cultivation; grazing; camping (except where adequate warning time is not available to allow evacuation); unimproved, unpaved parking lots; buffer zones; and other uses consistent with FEMA guidance for open space acquisition, Hazard Mitigation Assistance, Requirements for Property Acquisition and Relocation for Open Space. b. Structures. No new structures or improvements shall be erected on the Property other than: i. A public facility that is open on all sides and functionally related to a designated open space or recreational use; ii. A public rest room; or iii. A structure that is compatible with open space and conserves the natural function of the floodplain, including the uses described in Paragraph l.a., above, and approved by the FEMA Administrator in writing before construction of the structure begins. Any improvements on the Property shall be in accordance with proper floodplain management policies and practices. Structures built on the Property according to paragraph b. of this section shall be floodproofed or elevated to at least the base flood level plus 1 foot of freeboard, or greater, if required by FEMA, or if required by any State, Tribal, or local ordinance, and in accordance with criteria established by the FEMA Administrator. c. Disaster Assistance and Flood Insurance. No Federal entity or source may provide disaster assistance for any purpose with respect to the Property, nor may any application for such assistance be made to any Federal entity or source. The Property is not eligible for coverage under the NFIP for damage to structures on the property occurring after the date of the property settlement, except for pre-existing structures being relocated off the property as a result of the project. d. Transfer. The Grantee, including successors in interest, shall convey any interest in the Property only if the FEMA Regional Administrator, through the State, gives prior written approval of the transferee in accordance with this paragraph. i. The request by the Grantee, through the State, to the FEMA Regional Administrator must include a signed statement from the proposed transferee that it acknowledges and agrees to be bound by the terms of this section, and documentation of its status as a qualified conservation organization if applicable. ii. The Grantee may convey a property interest only to a public entity or to a qualified conservation organization. However, the Grantee may convey an easement or lease to a private individual or entity for purposes compatible with the uses described in paragraph (a), of this section, with the prior approval of the FEMA Regional Administrator, and so long as the conveyance does` not include authority to control and enforce the terms and conditions of this section. 2 iii. If title to the Property is transferred to a public entity other than one with a conservation mission, it must be conveyed subject to a conservation easement that shall be recorded with the deed and shall incorporate all terms and conditions set forth in this section, including the easement holder's responsibility to enforce the easement. This shall be accomplished by one of the following means: a) The Grantee shall convey, in accordance with this paragraph, a conservation easement to an entity other than the title holder, which shall be recorded with the deed, or b) At the time of title transfer, the Grantee shall retain such conservation easement, and record it with the deed. iv. Conveyance of any property interest must reference and incorporate the original deed restrictions providing notice of the conditions in this section and must incorporate a provision for the property interest to revert to the State, Tribe, or local government in the event that the transferee ceases to exist or loses its eligible status under this section. 2. Inspection. FEMA, its representatives and assigns including the State or Tribe shall have the right to enter upon the Property, at reasonable times and with reasonable notice, for the purpose of inspecting the Property to ensure compliance with the terms of this part, the Property conveyance and of the grant award. 3. Monitoring and Reporting. Every three years after the date this deed is recorded, the Grantee (mitigation grant program subgrantee), in coordination with any current successor in interest, shall submit through the State to the FEMA Regional Administrator a report certifying that the Grantee has inspected the Property within the month preceding the report, and that the Property continues to be maintained consistent with the provisions of 44 C.F.R. Part 80, the property conveyance, and the grant award. 4. Enforcement. The Grantee (mitigation grant program subgrantee), the State, FEMA, and their respective representatives, successors and assigns, are responsible for taking measures to bring the Property back into compliance if the Property is not maintained according to the terms of 44 C.F.R. Part 80, the property conveyance, and the grant award. The relative rights and responsibilities of FEMA, the State, the Grantee, and subsequent holders of the property interest at the time of enforcement, shall include the following: a. The State will notify the Grantee and any current holder of the property interest in writing and advise them that they have 60 days to correct the violation. i. If the Grantee or any current holder of the property interest fails to demonstrate a good faith effort to come into compliance with the terms of the grant within the 60 -day period, the State shall enforce the terms of the grant by taking any measures it deems appropriate, including but not limited to bringing an action at law or in equity in a court of competent jurisdiction. ii. FEMA, its representatives, and assignees may enforce the terms of the grant by taking any measures it deems appropriate, including but not limited to 1 or more of the following: 3 a) Withholding FEMA mitigation awards or assistance from the State or Tribe, and Grantee; and current holder of the property interest. b) Requiring transfer of title. The Grantee or the current holder of the property interest shall bear the costs of bringing the Property back into compliance with the terms of the grant; or c) Bringing an action at law or in equity in a court of competent jurisdiction against any or all of the following parties: the State, the Tribe, the local community, and their respective successors. 5. Amendment. This agreement may be amended upon signatures of FEMA, the State, and the Grantee only to the extent that such amendment does not affect the fundamental and statutory purposes underlying the agreement. 6. Severability. Should any provision of this grant or the application thereof to any person or circumstance be found to be invalid or unenforceable, the rest and remainder of the provisions of this grant and their application shall not be affected and shall remain valid and enforceable. Maxine 1kldrich 4 GRANTEE City of Waterloo, Iowa Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-277 RESOLUTION FIXING THE TIME AND PLACE OF HEARING TO BE GIVEN ON A PROPOSED LEASE AGREEMENT WITH DARLYNE YAGLA FOR LEASE OF PROPERTY LOCATED ON RIVERSIDE DRIVE JUST SOUTH OF 509 RIVERSIDE DRIVE, AS MAY 5, 2014, AT 5:30 P.M. IN THE LAW COURT THEATER IN THE WATERLOO CENTER FOR THE ARTS AND INSTRUCTING THE CITY CLERK TO PUBLISH NOTICE OF HEARING. WHEREAS, 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 5th day of May, 2014, for the purpose of considering and acting upon the proposed Lease Agreement with Darlyne Yagla for lease of property located on Riverside Drive just south of 509 Riverside Drive at a cost of $1.00, for the period January 1, 2014 through December 31, 2024. 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 21st day of April, 2014. Ernest G. Clark, Mayor ATTEST: Suzy Scha es, CMC City Cler CITY OF WATERLOO Council Communication City Council Meeting: April 21, 2014 Prepared: April 16, 2014 Dept. Head Signature: Eric Thorson, PE., City Engineer # of Attachments: 1 SUBJECT: F.Y. 2014 BLOWERS CREEK STORM WATER LIFT STATION AND DRY RUN CREEK IMPROVEMENTS AWARDING OF CONTRACT APPROVAL OF CONTRACTS, BONDS, & CERTIFICATE OF INSURANCE LARSON CONSTRUCTION COMPANY, INC. Contract No. 842 Submitted by: Jamie Knutson, P.E., Associate Engineer Recommended City Council Action: After review of the bids, it is being recommended that this contract, in the amount of $3,570,000.00, be awarded to LARSON CONSTRUCTION COMPANY, INC., of Independence, Iowa, and that the Contract, Bonds, and Certificate of Insurance for this project be approved and signed. Summary Statement At the City Council meeting on March 17, 2014, bids were opened for the F.Y. 2014 BLOWERS CREEK STORM WATER LIFT STATION AND DRY RUN CREEK IMPROVEMENTS, Contract No. 842, with LARSON CONSTRUCTION COMPANY, INC., of Independence, Iowa, as the apparent low bidder. The Contracts and Grants Coordinator has reviewed the items relating to the 2002 Contract Compliance Program requirements and determined those requirements have been met. Transmitted herewith are five (5) copies of each of the Contract, Bonds, and Certificate of Insurance for approval and signatures of City officials. Expenditure Required Source of Funds Policy Issue Alternative Background Information: $3,570,000.00 EDA and CDBG funding A=XOM April 15, 2014 Mr. Jamie Knutson City of Waterloo 715 Mulberry Street Waterloo, Iowa 50703 Subject: Blowers Creek Storm Water Lift Station and Dry Run Creek Improvements City Contract No. 842 AECOM #60188622.15 Dear Jamie, AECOM 319-232-6531 tel 501 Sycamore Street 319-232-0271 fax Suite 222 Waterloo, Iowa 50703 www.aecom.com Enclosed please find five (5) copies of the Contracts, Bonds and Insurance Certificates for the above -referenced project from Larson Construction Company. When they have been approved and signed, please return two (2) copies to our office. We will forward the executed agreement to Larson. If you have any questions or need anything further, please let us know. Yours sincerely, Robert E. Bamsey, P.E. Enclosures: As Noted P:\ 60188622\600_CRS\610.2 - Client -Contractor Agreement\4-15-15 jkBlowers Creek - Contract With larson.docx FORM OF CONTRACT CONTRACT FOR THE CONSTRUCTION OF F.Y. 2013 WATER LIFT STATION BLOWERS CREEK STORM K IMPROVEMENTS AND DRY RUN EDA AWARD NO. 05-79-05007 CITY OF WATERLOO, IOWA CONTRACT NO. 842 This contract made and entered into this day of of Waterloo, Iowa, a Municipal Corporation, (hereinafter referred to as City), and Larson Construction Com . an Inc. of Waterloo, Iowa, (hereinafter referred to as Contractor), WITNESSETH: 20_, by and between the City PAR. 1 PAR. 2 PAR. 3 PAR. 4 PAR. 5 Contractor agrees to build and construct the F.Y. 2013 BLOWERS TS EDA AWARD STORM DRY RUN CREEK IMP WATER LIFT STATION AND all necessarytools, equipment, NO. 05-79-05007, CITY CONTRACT Ao CT the oTk2called fd or he plans and specifications in a materials, and labor necessary workmanshiplike manner and for the prices set forth in Contractor's proposal, which was accepted by the City, and which is understood and agreed to be a part of this contract. agreed that the resolution adopted by the City Council ordering the It is understood and agr nstruction too construction of the improvement, the Notice to Contractors as published, the Ithe Council Bidders, the Form of Proposal, the Construction and Maintenance Bonds, Proceedings relating to this matter, and the Planandecifications hall a d contract.considered as forming a part of the contract the same as though they were each set out in sThe Contractor agrees to furnish at its own cost and expense, all necessary materials and labor for said work and to construct said improvements in a thorough, substantial, and workmanlike manner, and in strict accordance with the requirements of this contract, and of the plans and specifications made a part hereof by reference, and to the satisfaction and approval of the City and its engineer. The Contractor agrees to perform said work and install said improvements on the terms set out in bid or proposal to the City which has been accepted by the City and which is by reference made a part of this contract. The Contractor agrees to commence said work within ten (10) working days after receipt of "Notice to Proceed" and the project shall be substantially completed on or before FORM OF CONTRACT AECOM 60188622.15 CONTRACT NO. 842 C-1 of 4 PAR. 6 time is December 31 2014, with final completion of all work granted in writing by the Co by March 1 Council of the City. 2015, un -less an extension of Should the Contractor fail to complete said improvements and the Co tr this fail occ m the herein specified, p ovements in strict accordance eti ns of Cityplans and specifications therefor promptly by the terms hoerein failure odsaid comay and such additional s promptly the Contractor. sums as it may be required to date Y and all such sums frompay by reason PAR. 7 any amount then due the The Contractor agrees to comply relatingP y with and obey all ordinances to the obstruction of streets and alleys, keeping of the protecting any excavations in open City of Waterloo, Iowa, prof barricades any e lights any street or alley,passage ways for water traffic, and properly with ne, and agrees signals during all hoursof and maintaining proper and sufficient broughtgrees to keep the Citydaefends, to see that the bhat may against the City by reason of whole and defend anyg is any injuries that and all suits that may boe property allegedly caused by the Contractor, or his agents,mayle work besustained by property any person is is done pursuant to this The Contractor agrees that in allegedly sustained bythe event a law suit is brought against or on acyount ofin reason of any act, omission or negligence of the Contractore City for damages any injuries allegedly sustained by or its agents, or barrier placed or dug by the defendant reason of any obstruction, hole, depression ofar, that it ll defend said suit anvor its agents, in the doingtraced of the work herein dontracted rendered against the City, the Contractor a City harmless therein es to c agrees to pay° mp case judgment is ag any public liability insurance in a solvent companye sante promptly. The Contractor the City and those who use the streets of the City. in a sufficient amount to protect The City shall have the right to appoint one or more construction reviewers progress of the work in detail; also, to make any meof shall be used in anywho shall review the test or any material to be used in such work. Nooimate. work until the same has first been approved by the construction reSuch construction reviewer shall have full authority to pass judgment materials and upon the manner of doing the substance, or mannerwork, and their judgment anymaterials, all of work shall be final J smart on rejectingdie any the City Engineer. unless it is revoked or modified by the City PAR. 10 Any material, which has been rejected by the construction reviewer, from the line of work and shall not be again taken thereon or placed with the mat once removed to be used without the written consent of the City Engineer. proposed PAR. 11 The Contractor shall maintain no cause of action against the City on act prosecution of work, but if said work is delayed by the Ci °ant of delays and ractor shall ha time for completion of the job as was lost by reason of the deay caused by the City.ve such extra The Contractor agrees to pay punctually all just claims of labor, material, men, or subcontractors who shall perform labor or furnish materials entering into this improvement. It is agreed that the City need not pay the Contractor until all such claims are paid by the Contractor. It is agreed that the City shall not be liable for said labor, material, or men under this contract. PAR. 13 The Contractor agrees to furnish the City, simultaneously with this contract, a bond on a form to be provided by the City in the amount provided by law as stated in the Notice to Bidders, which FORM OF CONTRACT AECOM 60188622.15 CONTRACT NO. 842 C-2 of 4 PAR. 8 PAR. 9 PAR. 12 PAR. 14 PAR. 15 PAR. 16 PAR. 17 shall be for the benefit of the City, and any and all persons injured by the breach of any of the terms of this contract. Said bond shall be filed with the City Clerk and shall be subject to the approval of the City Council, and is by reference made a part of this contract. The Contractor agrees that should it abandon work under this contract or cease the prosecution thereof for a period of thirty (30) consecutive days without reasonable cause, and should it fail to proceed with said work within ten (10) days after a notice to continue or carry it on has been mailed to it at the address given herein by the City, or after such notice has been served on it, then the City may proceed to complete said work, using any material, tools, or machinery found along said line of work, doing the work either by contract or as it may elect, and the Contractor and the sureties on its bond shall be liable to the City for the costs and expenses so paid out. Said costs shall be retained by the City from any compensation due, or to become due the Contractor, and may be recovered by the City in an action upon Contractor's bond. In consideration of the full compliance on the part of the Contractor with all the provisions, stipulations, and conditions hereof, or contained in the various instruments made a part of this contract by reference, and upon completion and acceptance of said work, the City agrees to pay to the Contractor, in the manner set out in the Notice to Contractors, the amount of money due the Contractor for work performed and accepted, at the unit prices set out in the Contractor's proposal, which has been accepted by the City. The total amount of the contract, based on the Engineer's estimates of quantities and the Contractor's unit bid prices, and for which 100% Performance Bond and 100% Payment Bond are required, is $3,570,000.00 . After the completion of said work, the Contractor agrees to remove all debris and clean up said streets, and to save the City harmless from any damage allegedly resulting from a failure to clean up and remove the debris or put the street back in a proper condition for travel. PAR. 18 This contract is not divisible, but in the event of a conflict between this contract and the various instruments incorporated by reference, this contract shall govern. PAR. 19 PAR. 20 Before the Contractor shall be entitled to receive final payment for work done under this contract, it shall execute and file a bond in the penal sum of not less than 100% of the total amount of the contract, same to be known as "Maintenance Bond," and which bond must be approved by the City Council, and which bond is in addition to the bond given by the Contractor to guarantee the completion of the work. The Contractor shall maintain all work done hereunder in good order for the period of two (2) years from and after the date it is accepted by the Council of the City of Waterloo, Iowa. Said maintenance shall be made without expense to the City or the abutting property. In the event of the failure or default of the Contractor to remedy any or all defects appearing in said work within a period of two (2) years from the date of its acceptance by said Council, and after having been given ten (10) days notice so to do by registered letter deposited in the United States Post Office in said town, addressed to said contractor at the address herein given, then the City may proceed to remedy such defects. The costs and expenses thereof to be recovered from the Contractor and the sureties on its maintenance bond by an action brought in any court of competent jurisdiction. FORM OF CONTRACT AECOM 60188622.15 CONTRACT NO. 842 C-3 of 4 PAR. 21 The Contractor shall give notice to said City by registered letter directed to the Mayor or City Clerk/Auditor thereof not more than four (4) and not less than three (3) months prior to the expiration of the term during which the Contractor is required to maintain said improvements, in good repair by the terms of its Contract. The liability of the Contractor and of the sureties on its bond for maintenance of the said improvements shall continue until three (3) months after such notice has been given to the City, and, in any event, until two (2) years after the acceptance of the work. CITY OF WATERLOO, IOWA Mayor City Clerk LARSON CONSTRUCTION COMPANY, INC. Contractor Approved by the City Council of the City of Waterloo, Iowa, this day of 20 ATTEST: , City Clerk Waterloo, Iowa FORM OF CONTRACT CONTRACT NO. 842 AECOM 60188622.15 C-4 of 4 KNOW ALL MEN B Y THESE PRESENTS: That we Principal), and IAC 583588 PERFORMANCE BOND Larson Construction Company, Inc. , oflndependence IA erc an s : on. mg ompany T u ua (hereinafter called the of Des Moines IA (hereinafter called the Surety), are held and firmly bound unto the City of Waterloo (hereinafter called the Obligee), in the penal sum of Three Million Five Hundred Seven Thousand Dollars lawful money of the United States, to payment of which syoe Dollars (3 570 firmly 0d, himselUthemselves, his/their heirs, executors, and administrators, and thelsaid Surety binds himade, the miselalf hiisfsucce stirs assigns, executors, and administrators, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that, • WHEREAS the above bounden Principal did, on the day of 201119 enter into a written contract with the City of Waterloo, Iowa. for the construction of F.Y. 2013 BLOWERS CREEK STORM WATER LIFT STATION AND DRY RUN CREEK IMPROVEMENTS EDA AWARD NO. 05-79-05007 CITY CONTRACT NO. 842, a copy of which contract, together with all of its terms, covenants, conditions, and stipulations, is incorporated herein and made a part hereof as full and completely as if said contract were recited at length herein; and WHEREAS, the Principal and Surety on this bond hereby agree to pay to all persons, furans or corporations having contracts directly with the Principal or with subcontractors, all just claims due them for labor performed or materials furnished in the performance of the contract on account of which bond is given when the same are not satisfied out of the portion of the contract price which the public corporation is required to retain until completion of the public improvement, but the Principal and Surety shall not be liable to said persons, firms, or corporation unless the claims of said claimants against said portion of the contract price shall have been established as provided by law. Now, if the Principal shall in all respects fulfill his said contract according to the terms and tenor thereof, and shall satisfy all claims and demands incurred for the same, and shall fully indemnify and save harmless the Obligee from all costs and damages which it may suffer by reason of failure to do so, and shall fully reimburse and repay the Obligee all outlays and expenses which it may incur in making good any such default, then the obligation is to be void and of no effect, otherwise to remain in full force and effect. Every Surety on this bond shall be deemed and held, any contract to the contrary notwithstanding, to consent without notice: 1 • To any extension of time to the contract in which to perform the contract. 2. To any change in the plans, specifications, or contract when such change does not involve an increase of more than twenty percent (20%) of the total contract price, and shall then be released only as to such excess increase. I. That no provision of this bond or of any other contract shall be valid which limits to less than one (1) year from the time of the acceptance of the work the right to sue on this bond for defect in workmanship or material not discovered or known to the Obligee at the time such work was accepted. PERFORMANCE BOND AECOM 60188622.15 CONTRACT NO. 842 PFB-1 of2 IN WITNESS WHEREOF, we have hereunto set our hands and seals this 21st day of April 2010 I'E.RFORMANCE BOND AECOM 60188622.15 Larson Construction Company, Inc. Principal By: Ed Lar oh', President Merchants Bonding Company (Mutual) Surety Attorney -in -Fact Jason Dettbarn CONTRACT NO. 842 PFB-2 of 2 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: that LARSON CONSTRUCTION COMPANY INC (Name of Contractor) 600 - 17114 Street SE P.O. Box 112 Inde ndence Iowa 50644 (Address of Contractor) a Corporation and (Corporation, Partnership or Individual) Merchants Bonding Company (Mutual) (Name of Surety) 2100 Fleur Drive, Des Moines, IA 50321 (Address of Surety) hereinafter called Surety; are held and firmly bound unto IAC 583588 , hereinafter called Principal, CITY OF WATERLOO IOWA (Name of Owner) 715 MULBERRY STREET WATERLOO IOWA 50703 (Address of Owner) hereinafter called OWNER, in the penal sum of Three Million Five Hundred Sevens Thousand Dollars Dollars, S ..._00.00 in Iawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with the OWNER, dated the day of , 20, a copy of which is hereto attached and made a part hereof for the construction of: F.Y. 2013 BLOWERS CREEK STORM WATER LIFT STATION AND DRY RUN CREEK IMPROVEMENTS EDA AWARD NO. 05-79-05007 CITY CONTRACT NO. 842 NOW, THEREFORE, if the Principal shall promptly make payment to all persons, firms, SUBCONTRACTORS, and corporations furnishing materials for or performing labor in the prosecution of the WORK provided for in such contract, and any authorized extension or modification thereof, including all amounts due for materials, lubricants, oil, gasoline, coal and coke, repairs on machinery, equipment and tools, consumed or used in connection with the construction of such WORK, and all insurance premiums on said WORK, and for all labor, ed in such WORK whether by SUBCONTRACTOR or otherwise, then this obligation shall be void; otherwise oorremain in full force and effect. PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the WORK to be performed thereunder or the SPECIFICATIONS accompanying the same shall in any wise affect its obligation on this BOND, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the WORK or to the SPECIFICATIONS. PAYMENT BOND CONTRACT NO. 842 PB -1 oft PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. IN WITNESS HEREOF, this instrument is executed in 5 counterparts, each one of (number) which shall be deemed an original, this the 21st day of April 2014 ATTEST: (SEAL) rincipal)ecretary WO /77'J/A",At /J (Address) ATTES Witness a to Su J'tyMary t fflitto Merchan - Bonding Company (Mutual) (Address) 2100 Fleur Drive, Des Moines, IA 50321 LARSON CONSTRUCTION COMPANY, INC. Principal By JAIL Jr arson, 'resi•en 600 17th Street SE (Address) Independence. IA 50644 Merchants Bonding Company (Mutual) Surety By cam. J -- Jason Dettbarn Attorney -in -Fact 2100 Fleur Drive, Des Moines, IA 50321 (Address) NOTE: Date of BOND must not be prior to date of Contract. If CONTRACTOR is Partnership, all partners should execute BOND. If this project includes Federal Funds, the following applies to the payment bond: IMPORTANT: Surety companies executing bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located. PAYMENT BOND CONTRACT NO. 842 PB -2 of 2 MERCHANTS BONDING COMPANY;. POWER OF ATTORNEY for Company Employees Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations duly organized under the laws of the State of Iowa (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint the following company employees, individually, Jason Dettbarn of Des Moines and State of Iowa and authority hereby conferred in their name, place and stead, to sign, execute, hackeirtnowledge rue and deliver iand lawful ntheirbehalf aslspower u surety such instrument shall not exceed the amount of: any and all bonds, undertakings, recognizances or other written obligations in the nature thereof, subject to the limitation that any Unlimited and to bind the Companies thereby as fully and to the same extent as if such bond or undertaking was signed by the duly hereby ratified and confirmed. authorized officers of the Companies, and all the acts of said Attorney -in -Fact, pursuant to the authority herein given, are This Power -of -Attorney is made and executed pursuant to and by authority of the following By -Laws adopted by the Board of Bonding, Inc., on October 24, 2011. Directors of the Merchants Bonding Company (Mutual) on April 23, 2011 and adopted by the Board of Directors of Merchants National 'The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof. The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, effect as though manually fixed." or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 1st day of January 2012 r,.....ueMbp,�� .{ tri f...... z .5 2003 ;r.c. y' 1933 : c % ,4i[` 1 ��` • C%'•, • •-v. By 7,-,/,‘„, ,�� .,•.....-*i ., , b •dam. 'i•Y SMR '.�[j,•• •' `•••• • _ • ......• STATE OF IOWA COUNTY OF POLK ss. On this 1st day of January 2012 before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument is the Corporate Seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal at the City of Des Moines, Iowa, the day and year first above written. MERCHANTS BONDING COMPANY (MUTUAL) MERCHANTS NATIONAL BONDING, INC. rssnf rolookt{ President I *r. MARAmb NDA NR EENNG uer C r • My Commission Expires October 28, 2014 STATE OF IOWA COUNTY OF POLK ss. Notary Public, Polk County, Iowa I, William Warner, Jr., Secretary of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., which is still in full force and effect and has not been amended or revoked. do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies, In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this 21st day of April , 2014 . a0, '1l t9tial .... ...0.1.W.. Cp4•. �� _: 2003 ;,,,!,--,' .y: 1933 =�; cJ'• rs... iii' ..• ...... .. •'. POA 0015 (11/11) Secretary LARSO-3 OP ID: KK DATE (MMIDDIYYYY) A`,� �- CERTIFICATE OF LIABILITY INSURANCE 04/1012014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: if the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER PDCM Insurance P.O. Box 2597 Waterloo, IA 50704 Stephen A. Clabby, CIC CONTACT NAME: PHONE i(A/C. No): AX ILJO No, Ext): E-MAIL. ADDRESS: INSURER(S) AFFORDING COVERAGE NAIL # INSURED Larson Construction Company & Southside Lumber, Inc. P. O. Box 112 Independence, IA 50644 INSURER A:United Fire & Casualty Company INSURERS:* Argent Insurance Company INSURER C : INSURER D: INSURER E : INSURER F : 13021 COVERAGES CERTIFICATE NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ,A1i15CrSO6A POLICY EFF POLICY EXP LTR INSR TYPE OF INSURANCE INSR WVD POUCY NUMBER IMMIDDIYYYYI (MM/DD/YYYYI REVISION NUMBER: A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY jCLAIMS -MADE 1 X J OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: A POLICYj X jF . I I LOC AUTOMOBILE LIABILITY X ANY AUTO — ALL OWNED AUTOS � I HIRED AUTOS X 60342357 01/01/2014 01/01/2015 UMITS EACH OCCURRENCE $ DAMAGE `rd RENTED PREMISES (Ea occurrence) $ MED EXP (Any one person) $ 5,0001 1,000,0001 2,000,0001 1,000,0001 100,0001 PERSONAL P. ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ 2,000,000 SCHEDULED AUTOS NON -OWNED AUTOS `60342357 01/01/2014 01/01/2015 COMBINED SINGLE LIMIT (Ea accident/ BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE (PER ACCIDENT) S $ $ s 1,000,0001 $ A X UMBRELLA UAB EXCESS LIAB X 1 OCCUR CLAIMS -MADE B A DED X I RETENTION $ 60342357 EACH OCCURRENCE $ 5,000,000 01/01/2014 01/01/2015 AGGREGATE $ 5,000,001) WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below Equipment Floater YIN N/A Al 11801673-01 01/01/2014 01/01/2015 60342357 01/01/2014 X WC STATU- Tr1RY LIMITS OTRH- $ E L EACH ACCIDENT $ 500,000 E L DISEASE - EA EMPLOYEE E L DISEASE - POLICY LIMIT 01/01/2015 Rented Equipment $ 500,000 $ 500,000) 250,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) Project: F.Y. 2013 Blowers Creek Storm Water Lift Station and Dry Run Creek Improvements, City of Waterloo, Iowa Contract No. 842. The Owner, City of Waterloo, Iowa and Engineer, AECOM are named as additional insured with respect to the above mentioned project when required by contract. 10 Day Notice of Cancellation applies to the City of Waterloo as owner. CERTIFICATE HOLDER CANCELLATION City of Waterloo 715 Mulberry Street Waterloo, IA 50703 WTCI001 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ,41,L.A. -(104-6--r_ © 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-278 RESOLUTION APPROVING RECOMMENDATION OF AWARD OF CONTRACT TO LARSON CONTRUCTION COMPANY, INC. OF INDEPENDENCE, IOWA, IN THE AMOUNT OF $3,570,000.00, AND APPROVING CONTRACT, BONDS AND CERTIFICATE OF INSURANCE IN CONJUNCTION WITH THE F.Y. 2014 BLOWERS CREEK STORM WATER LIFT STATION AND DRY RUN CREEK IMPROVEMENTS, CONTRACT NO. 842. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA: That the Contract, Bonds and Certificate of Insurance with Larson Construction Company, Inc. of Independence, Iowa, in the amount of $3,570,000.00, in conjunction with the F.Y. 2014 Blowers Creek Storm Water Lift Station and Dry Run Creek Improvements, Contract No. 842, described in the plans and specifications heretofore adopted by this Council for said project in Resolution No. 2014-184, after public hearing on March 17, 2014 on published notice required by law, be and is hereby accepted, the same being the lowest bid received for said work. The Mayor and City Clerk are hereby directed to execute contract with the said contractor for the construction of said improvements, said contract not to be binding on the City until approved by this Council. PASSED AND ADOPTED this 21st day of April, 2014. nest G. Clark, Mayor ATTEST: Suzy Schafres, CMC City Cler CITY OF WATERLOO Council Communication City Council Meeting: April 21, 2014 Prepared: April 16, 2014 Dept. Head Signature: Eric Thorson, PE., City Engineer # of Attachments: 1 SUBJECT: F.Y. 2014 STREET RECONSTRUCTION PROGRAM (BASE BID + ALTERNATE A + DIVISION II) AWARDING OF CON [E ACT APPROVAL OF CONTRACTS, BONDS, & CERTIFICATE OF INSURANCE ASPRO, INC. Contract No. 859 Submitted by: Dennis Gentz, PE, Assistant City Engineer Recommended City Council Action: After review of the bids, it is being recommended that this contract, in the amount of $8,209,211.04, be awarded to ASPRO, INC., of Waterloo, Iowa, and that the Contract, Bonds, and Certificate of Insurance for this project be approved and signed. Summary Statement At the City Council meeting on April 14, 2014, bids were opened for the F.Y. 2014 STREET RECONSTRUCTION PROGRAM (BASE BID + ALTERNATE A + DIVISION II), Contract No. 859, with ASPRO, INC., of Waterloo, Iowa, as the apparent low bidder. The Contracts and Grants Coordinator has reviewed the items relating to the 2002 Contract Compliance Program requirements and determined those requirements have been met. Transmitted herewith are four (4) copies of each of the Contract, Bonds, and Certificate of Insurance for approval and signatures of City officials. Expenditure Required Source of Funds Policy Issue Alternative Background Information: $8,209,211.04 Local Option Sales Tax Funds FORM OF CONTRACT CONTRACT FOR THE CONSTRUCTION OF F.Y. 2014 STREET RECONSTRUCTION PROGRAM CITY OF WATERLOO, IOWA CONTRACT NO. 859 This contract made and entered into this day of , 20, by and between the City of Waterloo, Iowa, a Municipal Corporation, (hereinafter referred to as City), and ASPRO, INC. of Waterloo, Iowa, (hereinafter referred to as Contractor), WITNESSETH: PAR. 1 Contractor agrees to build and construct the FY 2014 STREET RECONSTRUCTION PROGRAM (BASE BID + ALTERNATE A + DIVISION II), Contract No. 859 and furnish all necessary tools, equipment, materials,. and labor necessary to do all the work called for in the plans and specifications in a workmanshiplike manner and for the prices set forth in Contractor's proposal, which was accepted by the City, and which is understood and agreed to be a part of this contract. PAR. 2 PAR. 3 It is understood and agreed that the resolution adopted by the City Council ordering the construction of the improvement, the Notice to Contractors as published, the Instruction to Bidders, the Form of Proposal, the Construction and Maintenance Bonds, the Council Proceedings relating to this matter, and the Plans and Specifications shall all be considered as forming a part of the contract the same as though they were each set out in said contract. The Contractor agrees to furnish at its own cost and expense, all necessary materials and labor for said work and to construct said improvements in a thorough, substantial, and workmanlike manner, and in strict accordance with the requirements of this contract, and of the plans and specifications made a part hereof by reference, and to the satisfaction and approval of the City and its engineer. FORM OF CONTRACT PAGE 1 OF 5 PAGES PAR. 4 PAR. 5 PAR. 6 PAR. 7 PAR. 8 PAR. 9 The Contractor agrees to perform said work and install said improvements on the terms set out in bid or proposal to the City which has been accepted by the City and which is by reference made a part of this contract. The Contractor agrees to commence said work within ten (10) working days after receipt of "Notice to Proceed" and complete it on or before November 21, 2014 unless an extension of time is granted in writing by the Council of the City. Should the Contractor fail to complete said improvements in strict accordance with the terms and conditions of this contract, or the plans and specifications therefor promptly by the date herein specified, the City may pay such additional sums as it may be required to pay by reason of the failure of said contractor and deduct any and all such sums from any amount then due the Contractor. The Contractor agrees to comply with and obey all ordinances of the City of Waterloo, Iowa, relating to the obstruction of streets and alleys, keeping open passage ways for water, traffic, and protecting any excavations in any street or alley, and maintaining proper and sufficient barricades with lights and signals during all hours of darkness, to see that the backfilling is properly done, and agrees to keep the City whole and defend any and all suits that may be brought against the City by reason of any injuries that may be sustained by any person or property allegedly caused by the Contractor, or his agents, while work is done pursuant to this agreement. The Contractor agrees that in the event a law suit is brought against the City for damages allegedly sustained by reason of any act, omission or negligence of the Contractor or its agents, or on account of any injuries allegedly sustained by reason of any obstruction, hole, depression or barrier placed or dug by the defendant or its agents, in the doing of the work herein contracted for, that it will defend said suit and save the City harmless therein, and in case judgment is rendered against the City, the Contractor agrees to pay the same promptly. The Contractor agrees to carry public liability insurance in a solvent company in a sufficient amount to protect the City and those who use the streets of the City. The City shall have the right to appoint one or more construction reviewers who shall review the progress of the work in detail; also, to make any test or any material to be used in such work. No material shall be used in any work until the same has first been approved by the construction reviewer. Such construction reviewer shall have full authority to pass judgment upon all materials and upon the manner of doing the work, and their judgment on rejecting any materials, substance, or manner of work shall be final unless it is revoked or modified by the City Engineer. FORM OF CONTRACT PAGE 2 OF 5 PAGES PAR. 10 PAR. 11 PAR. 12 PAR. 13 PAR. 14 PAR. 15 Any material, which has been rejected by the construction reviewer, shall be at once removed from the line of work and shall not be again taken thereon or placed with the material proposed to be used without the written consent of the City Engineer. The Contractor shall maintain no cause of action against the City on account of delays and prosecution of work, but if said work is delayed by the City, the Contractor shall have such extra time for completion of the job as was lost by reason of the delay caused by the City. The Contractor agrees to pay punctually all just claims of labor, material, men, or subcontractors who shall perform labor or furnish materials entering into this improvement. It is agreed that the City need not pay the Contractor until all such claims are paid by the Contractor. It is agreed that the City shall not be liable for said labor, material, or men under this contract. The Contractor agrees to furnish the City, simultaneously with this contract, a bond on a form to be provided by the City in the amount provided by law as stated in the Notice to Bidders, which shall be for the benefit of the City, and any and all persons injured by the breach of any of the terms of this contract. Said bond shall be filed with the City Clerk and shall be subject to the approval of the City Council, and is by reference made a part of this contract. The Contractor agrees that should it abandon work under this contract or cease the prosecution thereof for a period of thirty (30) consecutive days without reasonable cause, and should it fail to proceed with said work within ten (10) days after a notice to continue or carry it on has been mailed to it at the address given herein by the City, or after such notice has been served on it, then the City may proceed to complete said work, using any material, tools, or machinery found along said line of work, doing the work either by contract or as it may elect, and the Contractor and the sureties on its bond shall be liable to the City for the costs and expenses so paid out. Said costs shall be retained by the City from any compensation due, or to become due the Contractor, and may be recovered by the City in an action upon Contractor's bond. In consideration of the full compliance on the part of the Contractor with all the provisions, stipulations, and conditions hereof, or contained in the various instruments made a part of this contract by reference, and upon completion and acceptance of said work, the City agrees to pay to the Contractor, in the manner set out in the Notice to Contractors, the amount of money due the Contractor for work performed and accepted, at the unit FORM OF CONTRACT PAGE 3 OF 5 PAGES PAR. 16 PAR. 17 PAR. 18 PAR. 19 PAR. 20 PAR. 21 prices set out in the Contractor's proposal, which has been accepted by the City. The total amount of the contract, based on the Engineer's estimates of quantities and the Contractor's unit bid prices, and for which 100% surety bond is required is $8,209,211.04. After the completion of said work, the Contractor agrees to remove all debris and clean up said streets, and to save the City harmless from any damage allegedly resulting from a failure to clean up and remove the debris or put the street back in a proper condition for travel. This contract is not divisible, but in the event of a conflict between this contract and the various instruments incorporated by reference, this contract shall govern. Before the Contractor shall be entitled to receive final payment for work done under this contract, it shall execute and file a bond in the penal sum of not less than 100% of the total amount of the contract, same to be known as "Maintenance Bond," and which bond must be approved by the City Council, and which bond is in addition to the bond given by the Contractor to guarantee the completion of the work. The Contractor shall maintain all work done hereunder in good order for the period of two (2) years from and after the date it is accepted by the Council of the City of Waterloo, Iowa. Said maintenance shall be made without expense to the City or the abutting property. In the event of the failure or default of the Contractor to remedy any or all defects appearing in said work within a period of two (2) years from the date of its acceptance by said Council, and after having been given ten (10) days notice so to do by registered letter deposited in the United States Post Office in said town, addressed to said contractor at the address herein given, then the City may proceed to remedy such defects. The costs and expenses thereof to be recovered from the Contractor and the sureties on its maintenance bond by an action brought in any court of competent jurisdiction. The Contractor shall give notice to said City by registered letter directed to the Mayor or City Clerk/Auditor thereof not more than four (4) and not less than three (3) months prior to the expiration of the term during which the Contractor is required to maintain said improvements, in good repair by the terms of its Contract. The liability of the Contractor and of the sureties on its bond for maintenance of the said improvements shall continue until three (3) months after such notice has been given to the City, and, in any event, until two (2) years after the acceptance of the work. FORM OF CONTRACT PAGE 4 OF 5 PAGES CITY OF WATERLOO, IOWA Mayor City Clerk ASPRO, INC. Contractor Title: President Approved by the City Council of the City of Waterloo, Iowa, this day of , 20 . ATTEST: , City Clerk Waterloo, Iowa FORM OF CONTRACT PAGE 5 OF 5 PAGES Bond No. 2182609 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That we, Aspro, Inc. of Waterloo, IA (the "Principal"), and North American Specialty Insurance Company of Manchester, NH (the "Surety"), are held and firmly bound unto the City of Waterloo, Iowa (the "Obligee"), in the penal sum of Eight Million Two Hundred Nine Thousand Two Hundred Eleven and 04/100 Dollars ($ --8,209,211.04-- ), lawful money of the United States, for the payment of said sum in connection with a contract (the "Contract") dated on or about 4/V1T 4/V1I L f- ii, 2014 for the purpose of F.Y. 2014 Street Reconstruction Program - Contract No. 859, Waterloo, IA . The Contract is incorporated herein by reference as though fully set forth herein. Whenever the Principal shall be and is declared by the Obligee to be in default under the Contract, with the Obligee having performed its obligations in the Contract, then the Surety, acknowledging that time is of the essence, may promptly remedy the default, or shall promptly undertake to: 1. Complete the Contract in accordance with its terms and conditions; or 2. Obtain one or more bids for completing the Contract in accordance with its terms and conditions, and upon determination by the Surety of the lowest responsible bidder, or negotiated proposal, or, if the Obligee elects, upon determination by the Obligee and the Surety jointly of the lowest responsible bidder, or negotiated proposal, arrange for a contract between such party and the Obligee. The Surety will make available as work progresses sufficient funds to pay the cost of completion less the balance of the Contract price. The cost of completion includes responsibilities of the Principal for correction of defective work and completion of the Contract, the Obligee's legal and design professional costs resulting directly from the Principal's default, and liquidated damages or actual damages if no liquidated damages are specified in the Contract. The term "balance of the Contract price" means the total amount payable by the Obligee to the Principal under the Contract and any amendments thereto, less the amount properly paid by the Obligee to the Principal; or 3. Determine the amount for which it is liable to the Obligee and pay the Obligee that amount as soon as practicable. In the event this bond is enforced, Principal and Surety agree to indemnify Obligee and hold Obligee harmless from and against any and all costs of enforcement, including but not limited to reasonable attorneys' fees and expenses. Every. Surety on this bond shall be deemed and held, any contract to the contrary notwithstanding, to consent to each and all of the following matters, without notice: Performance Bond Page 1 of 2 1. To any extension of time to the Contract in which to perform the Contract. 2. To any change in the plans, specifications, or Contract when such change does not involve an increase of more than twenty percent (20%) of the total Contract price, and shall then be released only as to such excess increase. 3. That no provision of this bond or of any other contract shall be valid which limits to less than one (1) year from the time of the acceptance of the work the right to sue on this bond for defect in workmanship or material not discovered or known to the Obligee at the time such work was accepted. If the Principal performs the Contract, then this bond shall be null and void; otherwise it shall remain in full force and effect. In no event shall the Surety's total obligation exceed the penal amount of this bond. Terms used herein shall include, as appropriate, the singular or plural number, or the masculine, feminine or neuter gender. IN WITNESS WHEREOF, the undersigned Principal and Surety have executed this Performance Bond as of 4,o4/2 / 2014 PRINCIPAL SURETY Aspro, Inc. Name By: #4//a-2/4 Title: 45 i,tl F,v i North American Specialty Insurance Company Name / Title: Dione R. Young, Attorney-in-fact [attach Power of Attorney] NOTE: Date of BOND must not be prior to date of Contract. If CONTRACTOR is Partnership, all partners should execute BOND. Via= `15.11 J 9,40049. IMPORTANT: Surety companies executing bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located. Performance Bond Page 2 of 2 Bond No. 2182609 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: that Aspro, Inc. (Name of Contractor) P.O. Box 2620, Waterloo, IA 50704 a (Address of Contractor) Corporation , hereinafter called Principal, (Corporation, Partnership or Individual) and North American Specialty Insurance Company (Name of Surety) 650 Elm Street, Manchester, NH 03101 (Address of Surety) hereinafter called Surety, are held and firmly bound unto City of Waterloo (Name of Owner) 715 Mulberry Street, Waterloo, IA 50703 (Address of Owner) Eight Million Two Hundred Nine Thousand Two Hundred Eleven and 04/100 hereinafter called OWNER, in the penal sum of A Dollars, $( 8,209,211.04 ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with the OWNER, dated the % day of 2014 , a copy of which is hereto attached and made a part hereof for the construction of: F.Y. 2014 Street Reconstruction Program - Contract No. 859, Waterloo, IA NOW, THEREFORE, if the Principal shall promptly make payment to all persons, firms, SUBCONTRACTORS, and corporations furnishing materials for or performing labor in the prosecution of the WORK provided for in such contract, and any authorized extension or modification thereof, including all amounts due for materials, lubricants, oil, gasoline, coal and coke, repairs on machinery, equipment and tools, consumed or used in connection with the construction of such WORK, and all insurance premiums on said WORK, and for all labor, performed in such WORK whether by SUBCONTRACTOR or otherwise, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the WORK to be performed thereunder or the SPECIFICATIONS accompanying the same shall in any wise affect its obligation on this BOND, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the WORK or to the SPECIFICATIONS. PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. IN WITNESS HEREOF, this instrument is executed in Four (4) (number) which shall be deemed an original, this the I day of , ' R counterparts, each one of 2014 ATTEST: (Principal) Secretary (SEAL) Witness as to Prin P.O. Box 2620 (Address) Waterloo, IA 50704 ATTEST: Witness as to Surd Cindy Bennett Holmes Murphy & Associates, Inc. (Address) P.O. Box 9207, Des Moines, IA 50306-9207 Aspro, Inc. By Principal (Address) Waterloo, IA 50704 urance Company Attorney,ii►-Fact (pione R. Young Holmes Murphy & Associates, Inc. (Address) P.O. Box 9207, Des Moines, IA 50306-9207 NOTE: Date of BOND must not be prior to date of Contract. If CONTRACTOR is Partnership, all partners should execute BOND. nF�ekaz aeF�s,_u`lat aE i� k f i' IMPORTANT: Surety companies executing bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located. ASPRINC-01 EMJACKSON A CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 11/8/2013 ADDL INSR THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE. A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Arthur J. Gallagher Risk Management Services, Inc. 604 Locust St # 800 Des Moines, IA 50309 CONTACT NAME: PHONE 515 309-6200FAx (A/C. No Ext): ( ) (A/C, No): (515) 309-6225 E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURER A : Employers Mutual Casualty Company 21415 INSURED Aspro, Inc. Milt Dakovich P.O. Box 2620 Waterloo, IA 50704 INSURER B : 12/1/2014 INSURER C : $ 1,000,000 INSURER D $ 100,000 INSURER E : INSURER F : X CERTIFICATE NUMBER: • THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLIO ES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSR SUBR WVD POLICY NUMBER POUCY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS A GENERAL X LIABILITY COMMERCIAL GENERAL LIABILITY X 9D81383 _ 12/1/2013 12/1/2014 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED PREMISES (Ea occurrence) $ 100,000 CLAIMS -MADE X OCCUR MED EXP (Any one person) $ 5,000 X Contractual Liab PERSONAL & ADV INJURY $ 1,000,000 X XCU Included GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE 7 POLICY X LIMIT APPLIES JECT PER: LOC PRODUCTS - COMP/OP AGG $ 1,000,000 Emp Benefits $ 1,000,000 A AUTOMOBILE X _ X UABILITY ANY AUTO ALL OWNED AUTOS HIRED AUTOS X SCHEDULED AUTOS NON -OWNED AUTOS 9E81383 12/1/2013 12/1/2014 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (PER ACCIDENT) $ $ A X UMBRELLA LIAR EXCESSLIAB X OCCUR CLAIMS -MADE 9J81383 12/1/2013 12/1/2014 EACH OCCURRENCE $ 5,000,000 AGGREGATE $ DED I X RETENT ON $ 10,000 $ 5,000,000 A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) II yes, describe under DESCRIPTION OF OPERATIONS below Y / N N / A 9M81383 12/1/2013 12/1/2014 X I TORY WC STALIMTU-S I IT OTH- ER E.L EACH ACCIDENT $ 500,000 E.L. DISEASE - EA EMPLOYEE $ 500,000 E.L. DISEASE - POLICY LIMIT $ 500,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space Is required) Certificate holder is an additional insured (CG74820108) with respect to any and all work performed by the named insured. CERTIFICATE HOLDER City of Waterloo 715 Mulberry Street Waterloo, IA 50703 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2010/05) ©1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-279 RESOLUTION APPROVING RECOMMENDATION OF AWARD OF CONTRACT TO ASPRO, INC. OF WATERLOO, IOWA, IN THE AMOUNT OF $8,209,211.04, AND APPROVING CONTRACT, BONDS AND CERTIFICATE OF INSURANCE IN CONJUNCTION WITH THE F.Y. 2014 STREET RECONSTRUCTION PROGRAM (BASE BID + ALTERNATE A + DIVISION II), CONTRACT NO. 859. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA: That the Contract, Bonds and Certificate of Insurance with Aspro, Inc. of Waterloo, Iowa, in the amount of $8,209,211.04, in conjunction with the F.Y. 2014 Street Reconstruction Program (Base Bid + Alternate A + Division II), Contract No. 859, described in the plans and specifications heretofore adopted by this Council for said project in Resolution No. 2014-246, after public hearing on April 14, 2014 on published notice required by law, be and is hereby accepted, the same being the lowest bid received for said work. The Mayor and City Clerk are hereby directed to execute contract with the said contractor for the construction of said improvements, said contract not to be binding on the City until approved by this Council. PASSED AND ADOPTED this 21st day of April, 2014. 4 - Ernest G. lark, Mayor ATTEST: Suzy Scha City Clerk , CMC CITY OF WATERLOO Council Communication City Council Meeting: April 21, 2014 Prepared: April 16, 2014 Dept. Head Signature: Eric Thorson, PE., City Engineer # of Attachments: SUBJECT: F.Y. 2014 W. AIRLINE HIGHWAY REHABILITATION CONTRACT, BONDS AND CERTIFICATES OF INSURANCE IOWA EROSION CONTROL, INC. Contract No. 827 Submitted by: Dennis Gentz, PE, Assistant City Engineer Recommended City Council Action: Approval and signatures of Contracts, Bonds, Certificate of Insurance for the F.Y. 2014 W. AIRLINE HIGHWAY REHABILITATION (BASE BID + AL I'ERNA'I'E 2), Contract No. 827 Please return three (3) executed copies to this office for distribution. Summary Statement Transmitted herewith are four (4) copies of each of the Contract, Bond and Certificate of Insurance on the F.Y. 2014 W. AIRLINE HIGHWAY REHABILITATION, Contract No. 827 for approval and signatures of City officials. The contract is with IOWA EROSION CONTROL, INC., of Victor, Iowa in the amount of $1,094,138.38. Expenditure Required $1,094,138.38 Source of Funds Local Option Sales Tax 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. 2014-280 RESOLUTION APPROVING CONTRACT, BONDS, AND CERTIFICATE OF INSURANCE WITH IOWA EROSION CONTROL, INC. OF VICTOR, IOWA, IN CONJUNCTION WITH THE F.Y. 2014 W. AIRLINE HIGHWAY REHABILITATION (BASE BID + ALTERNATE 2), CONTRACT NO. 849, IN THE AMOUNT OF $1,094,138.38.00, AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID DOCUMENTS. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA: That the Contract with Iowa Erosion Control, Inc. of Victor, Iowa, for the F.Y. 2014 W. Airline Highway Rehabilitation (Base Bid + Alternate 2), Contract No. 849, in the amount of $1,094,138.38, signed on behalf of the City of Waterloo, Iowa by the Mayor and the City Clerk as of the 21st day of April, 2014, together with the accompanying bond for the faithful performance of said Contract, as surety thereon, be, and the same are hereby approved, and the Mayor and City Clerk are hereby authorized to execute said documents. PASSED AND ADOPTED this 21st day of April, 2014. Ern-st G. Clark, Mayor ATTEST: uzy Scha,es, CMC City Cler 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 Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. ORDINANCE NO. 5209 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 "As 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 Ordinance No. 5209 Page 2 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 compliance of the existing structure, stating specificity wherein the existing structure does not the city building code requirements described in chapter. 9-14-6: Failure to Comply with Conversion Requirements: non - with meet this 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. INTRODUCED: PASSED 1st CONSIDERATION: PASSED 2nd CONSIDERATION: PASSED 3rd CONSIDERATION: April 21, 2014 April 21, 2014 April 21, 2014 April 21, 2014 PASSED AND ADOPTED this 21st day of April, 2014. Ernest G. Clark, Mayor ATTEST: Suzy Sch:res, CMC City Clerk Ordinance No. 5209 Page 3 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 Ordinance No. 5209 as passed and adopted by the City Council of the City of Waterloo, Iowa, on the 21st day of April, 2014. 2014. Witness my hand and seal of office this 21st day of April, A1C SEAL _ Suzy Sch res, CMC City Clerk Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. ORDINANCE NO. 5209 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 "As 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 Ordinance No. 5209 Page 2 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 compliance of the existing structure, stating specificity wherein the existing structure does not the city building code requirements described in chapter. 9-14-6: Failure to Comply with Conversion Requirements: non - with meet this 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. INTRODUCED: PASSED 1st CONSIDERATION: PASSED 2nd CONSIDERATION: PASSED 3rd CONSIDERATION: PASSED AND ADOPTED this ATTEST: 21st Suzy Scha es, CMC City Cler April April April April 21, 2014 21, 2014 21, 2014 21, 2014 day of April, 2014. rnest G. Clark, Mayo Ordinance No. 5209 Page 3 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 Ordinance No. 5209 as passed and adopted by the City Council of the City of Waterloo, Iowa, on the 21st day of April, 2014. 2014. SEAL Witness my hand and seal of office this 21st day of April, Suzy Se res, CMC City Clerk -omq $utpniaut seam XIS ut santlaaia lupi i urez ozd znoq-Itpaza-SI aq4 till—p.m UBO sluapn;s IN11 `ilea 1aN •satpngs iquauiuozznua Jo amino sautidtaszp aidt}inui satganol pip pa[gns e `Altitgeureisns ut aleaiJt3zaa Mau e �utza33o st VAOI uzau4zoN Jo AItszan -tun au.I — S11Y l twa33 woolaunoNam@Jau aguavuw }I3W13 3IZN3)I3eW ieuotteN alp pup uoslem SIG -M01, Act zeaA sp.:.zatizea STATE OF IOWA, } Black Hawk County, SS I do solemnly swear that the annexed copy of legal City of Waterloo Ordinance No. 5209 Notice was published in the Waterloo -Cedar Falls Courier, a daily newspaper printed in Waterloo, Black Hawk County, Iowa, once commencing on the 12th day of May, 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 $59.68 C/014/Y-a-K-N_aheztk2A,„ Signed Subscribed and sworn to before me this Day of MOL -9 qocLi)6 /C/ Notary Public I� A.D., 20 Received of the sum of Dollars. In full for publication of the above notice. 0.s'",r S.e Ftl^J11°jA+.v . Mayor BUCK CLARK COUNCIL MEMBERS DAVID JONES Ward I CAROLYN COLE Ward 2 PAT MORRISSEY Ward 3 QUENTIN HART Ward 4 RON WELPER Ward 5 TOM LIND 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: March 24, 2014 Prepared: March 11, 2014 Dept. Head Signature: # of Attachments: SUBJECT: Resolution setting a date of hearing as April 14, 2014 to amend the City of Waterloo Zoning Ordinance No. 5079 by adding additional restrictions for "payday" loan businesses (delayed deposit service use) and pawnshop businesses. Submitted by: Aric Schroeder, City Planner Recommended City Council Action: Approval. Summary Statement: Staff is proposing an amendment to the Zoning Ordinance that will add additional restrictions for "payday" loan businesses (referred to as a "delayed deposit service use") and pawnshop businesses, restricting where new such uses can locate. Existing uses not meeting the requirements would become a legal non- conforming use (grandfathered), but would be subject to loss of non -conforming status if the use is abandoned or discontinued for more than three months. Attached is a memorandum that includes a summary of the proposed amendment, as well as a copy of the pages of the Zoning Ordinance where changes are proposed. At the March 4, 2014 Planning, Programming and Zoning Commission meeting, the Commission unanimously recommended approval of the amendment. Multiple representatives of neighborhood organizations and a community action organization spoke in support of the proposed amendment, noting the negative effects that such uses can have, particularly in existing distressed neighborhoods. Therefore, we request the City Council set a date of public hearing on the Zoning Ordinance amendment request as April 14, 2014, and publish an official notice pertinent to the requested amendment. If you have any questions, please do not hesitate to contact our office. Expenditure Required: None Source of Funds: N/A Policy Issue: Land Use/Zoning Alternative: N/A Legal Description: N/A cc: Noel Anderson, Community Planning & Development Director --file-- CITY WEBSITE: wwwci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Nlaym- BUCK CLARK COUNCIL MEMBERS DAVID JONES ward I CAROLYN COIN Word PAT MORRISSIY Ward ( )l If NUN I IART Uard4 RON WEEPER iS ar-d I'OM LIN) STEVE SCI IMII,T CITY OF WATERLOO, IOWA WASTE MANAGEMENT SERVICES 3505 EASTON AVE. WATERLOO, IA 50702 (319) 291-4553 FAX (319) 291-4523 LARRY N. SMITH SUPERINTENDENT Council Communication City Council Meeting: 04/14/14 Prepared: 04/08/14 Dept. Head Signature: # of Attachments: SUBJECT: Ordinance Amendment of 302.8.1 IPMC Parking Regulations Submitted by: Code Enforcement Division Recommended City Council Action: Approve ordinance amendment by adding 302.8.1 (3) b 5, 6 Summary Statement Expenditure Required None Source of Funds Policy Issue Currently in: IPMC Addendum pertaining to parking regulations Alternative Background Information: The Code Enforcement Division currently issues 10 day notices to properties/individuals for parking in the front yards. While this has been somewhat productive it does not resolve the parking issue. Individuals will remove the vehicle within the time frame and then somewhere down the road, after our department closes case, they will park in the yard again. This process requires our department to issue another notice of violation and gives another time frame of 10 days to abate. Our department is proposing the city add a parking citation to our ordinance to allow officers to issue a "Front Yard Parking Citation", in the amount of $40 dollars. We feel this will get immediate response and lower the time frame of 10 days to 1 day for violation abatement. While this is not 100% guaranteed to abate all violations it will reduce the number of violations and decrease the number of notices that Code Enforcement issues. Other jurisdictions, (Des Moines), have implemented this type of enforcement and they have advised they have seen a significant reduction in the number of violations pertaining to Front Yard Parking. WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Recommended City Council Action: Approve ordinance amendment by adding 302.8.1 (3) b 5, G Policy Issue Currently in: International Property Maintenance Code Addendum section pertaining to parking regulations. The Code Enforcement Division is requesting the addition of a $40 parking ticket. This ticket would be issued to vehicles that parked in the front yard of residential properties. hJ Recommended City Council Action: Approve ordinance amendment by adding 302.8.1 (3) b 5, 6 Policy Issue Currently in: International Property Maintenance Code Addendum section pertaining to parking regulations. The Code Enforcement Division is requesting the addition of a $40 parking ticket. This ticket would be issued to vehicles that parked in the front yard of residential properties. 302.8.1 Motor Vehicles 3. Standards Governing the Off -Street Parking or Storage of Vehicles as an Accessory Use. a. Restrictions Addressing Parking of Vehicles on Residential Property: 1) No more than four (4) motor vehicles including cars, trucks, trailers, recreational -shall be parked outside an approved garage on residential property. 2) Any vehicles parked outside an approved garage shall be parked on concrete, asphalt, gravel or similar surface approved by the city of Waterloo. Grass is not an approved parking surface. b. Parking In Front Yards: For one- and two-family dwellings, no parking shall be allowed in the front yard, as defined in no. 3 of this section, unless the following is true: 1) The area is a permitted driveway as defined in this ordinance. 2) In any "R" district, no one- or two-family dwelling or lot shall have more than thirty-three percent (33%) of the front yard used for driveway and off-street parking purposes. However, this restriction shall not prohibit the construction of a twenty -foot (20') driveway or driveway expansion immediately in front of and the minimum width reasonably necessary to provide access to a 3 or 4 -stall garage. Nor shall it prohibit the construction of a circular drive if otherwise approved by the city engineer and meeting the requirements of the city code of ordinances. 3) Front yard parking shall be limited to the driveway for vehicles as defined in this ordinance. Recreational vehicles as defined in this ordinance shall be strictly prohibited from parking in the front yard. 4) Parking is permitted in the rear and side yards, behind the front yard as herein defined. In the case of corner lots, the front yard shall include that portion of the lot between the principal structure and the street right-of-way on both street sides of the lot. All parking shall comply with paragraph 3.a.2. Adding This Section to Ordinance. 302.8.1 (3) b 5 Front Yard Parking Citation No parking allowed in the front yards as defined in the ordinance (a) No person shall drive, stop, stand, or park a vehicle onto or upon the front yards of a property. A violation of this section shall place such vehicle in the status of an illegally parked vehicle and, upon complaint of a violation the vehicle may be dealt with pursuant to section 302.8.1 (3) b 5 (b) No person shall park a vehicle in violation of the front yard parking provisions in Subsection 302.8.1 (3) b Parking in Front Yards (c) No person shall park a vehicle in violation of the site plan parking provisions in the City of Waterloo Zoning Code (d) A person who violates any provisions of this section shall be issued a front yard parking citation in the amount of $40.00. 302.8.1 (3) b 6 Removal and impoundment of illegally parked vehicles The Code Enforcement Division and/or the Police Department may remove and impound vehicles or cause vehicles to be removed and impounded when the vehicles are stopped or parked in violation of this chapter or other city ordinances and, in so doing, may employ such means as are reasonably necessary. Impounded vehicles shall be stored at a location designated by the city. ��,■��� CITY OF WATERLOO, IOWA 011141117 GFer7c t0 mayor BUCK CLARK COUNCIL MEMBERS DAVID JONES Ward I CAROI,YN COLE Ir <1rtI2 Recommended City Council Action: Approve addition of verbiage to ordinance WASTE MANAGEMENT SERVICES 3505 EASTON AVE. WATERLOO, IA 50702 (319) 291-4553 FAX (319) 291-4523 LARRY N. SMITH SUPERINTENDENT Council Communication City Council Meeting: 0 Prepared: 04/08/14 Dept. Head Signature: # of Attachments: SUBJECT: Snow ordinance amendment 7-1-2 B Submitted by: Code Enforcement Division PA. MORItTSSIY Summary Statement Wctrd 3 Expenditure Required None QIJENTIN T 'ART FFiard 4 Source of Funds RON Policy Issue Currently in City of Waterloo Prohibited Acts & Conditions WEEPER it and j Alternative TOM LINK At -Large SIEVE SOW -ITT ..11 -Large Background Information: Currently the City has a time frame for snow removal from business and residential sidewalks. Our department continues to issue abatement notices to properties for the removal of snow from sidewalks and we would like to add some verbiage that defines the issuance of a nuisance and the issuance of an abatement order. By adding this it would allow Code Enforcement Officers to issue one (1) notice and then for future sidewalk violations the city will just have the contractor abate the violation(s) and assess costs to the property/owner. WE -RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Recommended City Council Action: Approve addition to snow removal ordinance. Policy Issue Currently in City of Waterloo Code of Ordinances Public Ways and Property, subsection Streets, Sidewalks, and Public Ways. The Code Enforcement Division is requesting a change to the ordinance to allow the City to immediately abate a snow removal violation after having been notified previously of the same violation. The change would require one notice of violation to a property per calendar year. On any subsequent violations, the City will send a crew out to perform the snow removal without further notice. This would enable us to have the sidewalks of properties that are foreclosed or abandoned or that have absentee owners cleared in a timely manner. ( a t V \A_ A VA c-1\ Recommended City Council Action: Approve addition to snow removal ordinance. Policy Issue Currently in City of Waterloo Code of Ordinances Public Ways and Property, subsection Streets, Sidewalks, and Public Ways. The Code Enforcement Division is requesting a change to the ordinance to allow the City to immediately abate a snow removal violation after having been notified previously of the same violation. The change would require one notice of violation to a property per calendar year. On any subsequent violations, the City will send a crew out to perform the snow removal without further notice. This would enable us to have the sidewalks of properties that are foreclosed or abandoned or that have absentee owners cleared in a timely manner. 71-2: PROHIBITED ACTS AND CONDITIONS: A. Coasting: 1. Toy Vehicles: No person shall coast down, in or upon the streets in the city upon or in any wagon, tricycle, roller skates or any other non -motor propelled devices, other than bicycles, except in the manner and under and upon the conditions set out in subsection A3 of this section. 2. Motor Vehicles on Sidewalks: No person shall coast down, in or upon the public sidewalks in the city upon or in a motor propelled vehicle of any kind. 3. Play Streets; Exceptions: No person shall coast down, in or upon the streets or public sidewalks in the city upon or in any sled, coaster wagon or scooter, except that coasting with sleds, coaster wagons or scooters shall be permitted on certain streets so designated and closed by the police department, and the police department shall specify and designate such street or streets following a conference and agreement with the leisure services department, and all such coasting so permitted shall be under the supervision of the leisure services department. All coasting may be thereafter prohibited and the streets closed to coasting by the police department, if, in the opinion of the police department or the captain of traffic thereof, that the coasting constitutes a nuisance or hazard. B. Snow and Ice Removal: 1. Transfer Of Snow And Ice From Private Property: No person shall transfer or cause to be transferred any snow or ice from private property onto public property in the city. 2. Nuisance Declared: Abatement Required: Removal from sidewalks: It shall be the responsibility of the abutting property owner(s) to remove accumulations of two inches (2") or more of snow and ice from the sidewalks. a. Within twenty four (24) hours in downtown, business districts, or a three (3) block radius of schools and hospital areas. b. Within forty eight (48) hours in residential neighborhoods. c Notice to Property Owners and/or vacant parcels: Upon receipt of a complaint or observation by the Superintendent of Waste Management Services, his/her designee, or Code Enforcement, a 24 hour abatement notice shall be posted at the listed address/vacant parcel, describing the snow & ice hazard and requesting abatement on said property. Failure to abate snow & ice the City will abate the snow & ice and assess the costs for abatement to the property and/or owner. Properties will only be given one (1) abatement notice in a calendar year. All properties that have subsequent violations in a calendar year for snow & ice removal will be abated by the City of Waterloo without issuing further abatement notices. The costs for subsequent snow & ice abatement will be assessed to the property and/or owner. 3. Removal Not Reasonable: In the event that snow or ice cannot be reasonably removed, the owner will put on the sidewalk, sand or other abrasive material in such an amount and manner to make foot traffic reasonably safe. The owner will maintain that condition until the weather permits the removal of the snow or ice. Front Yard Parking Violation No: 000000 Waterloo, Iowa Date Time AM I PM License No. State Make & Color Location Officer ❑ Front Yard Parking Violation $40.00 302.8.1(3) b 5 No parking allowed in front yard as defined in the ordinance Name Address City State Zip The owner of the above listed vehicle has been charged with a violation of The IPMC Front Yard Parking Ordinance of the City of Waterloo as marked Above. If you wish to plead Guilty, deposit the scheduled amount in this Envelope and drop off or mail to City Clerk 715 Mulberry St Waterloo, IA. You may plead Not Guilty by appearing in Court at the Black County Court House, 9:00 AM on or before: I I DISPOSITION OF CASE Ataror BUCK CLARK COUNCIL MEMBERS 1)AVII) JONES Ward I CAROLYN COLE Ward 2 PAT MORRISSEY Ward 3 QUENTIN HART Ward 4 RON WEEPER Ward 5 TOM LINI) At -Large STEVE SCHMITT At -Large CITY OF WATERLOO, IOWA WASTE MANAGEMENT SERVICES 3505 EASTON AVE. WATERLOO, lA 50702 (319) 291-4553 FAX (319) 291-4523 LARRY N. SMITH SUPERINTENDENT Council Communication City Council Meeting: 04/14/14 Prepared: 04/08/14 Dept. Head Signature 444 # of Attachments: JJ SUBJECT: Ordinance amendment 1-3-2 E Administrative Fees Submitted by: Code Enforcement Division Recommended City Council Action: Approve ordinance amendment of 1-3-2 E Administrative Fees Summary Statement Expenditure Required: None Source of Funds Policy Issue: Currently in City of Waterloo General Penalty 1-3-1 & 1-3-2 Alternative Background Information: Current ordinance allows for the city to assess administrative fees for "Any" ordinance violation. The weed ordinance, the snow & ice ordinance, and the waste container ordinance already have fees in their respective verbiage of the ordinance so we would like to clarify that the $ 100.00 dollar and the $300.00 dollar administrative fees will only be assessed for 10 Day Notices of Violation issued to properties/owners for a reoccurring violation of the same code section at the same property. Since the other ordinances have their fees built in changing this section will assist us so our department does not double up on the administrative fees assessed. WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer „ciccr Recommended City Council Action: Approve ordinance amendment of 1-3-2 F. Administrative Fee()co'f 7 t� 1 ? 01\ Policy Issue: City of Waterloo General Penalty 1-3-2 Clarification is needed in the current: ordinance regarding administrative fees. Current wording does not take into consideration that there are ordinances written with their own administrative fee, such as the snow removal, weed/tall grass, and waste container ordinances. This is a request to clarify that the $100.00 and $300.00 administrative fees are for 10 day notices of violation that are issued more than once in a calendar year. Recommended City Council Action: Approve ordinance amendment of 1-3-2 E Administrative Fees Policy Issue: City of Waterloo General Penalty 1-3-2 Clarification is needed in the current ordinance regarding administrative fees. Current wording does not take into consideration that there are ordinances written with their own administrative fee, such as the snow removal, weed/tall grass, and waste container ordinances. This is a request to clarify that the $100.00 and $300.00 administrative fees are for 10 day notices of violation that are issued more than once in a calendar year. Chapter 3 GENERAL PENALTY 1-3-1: GENERAL PENALTY: 1-3-2: MUNICIPAL INFRACTIONS: 1-3-1: GENERAL PENALTY: J I ..1 The doing of any act prohibited or declared to be unlawful or a misdemeanor by this code, or the omission or failure to perform any act or duty required by this code is, unless another penalty is specified, punishable by a fine in a sum not exceeding five hundred dollars ($500.00) or imprisonment not to exceed thirty (30) days. (Ord. 4441, 10-16-2000) The section below has been affected by a recently passed ordinance, 5131 - MUNICIPAL INFRACTIONS. Go to new ordinance. The section below has been affected by a recently passed ordinance, 5133 - MUNICIPAL INFRACTIONS. Go to new ordinance. 1-3-2: MUNICIPAL INFRACTIONS: HI A. Definitions: As used in this section, or with reference hereto, the following words and terms shall have the meaning ascribed thereto: MUNICIPAL INFRACTION: The doing of any act prohibited or declared to be unlawful, an offense or a misdemeanor, by this code or any ordinance or code hereby adopted by reference, or omission or failure to perform any act or duty requested by this code or any ordinance or code herein adopted by reference. A violation shall not be a municipal infraction if it is a felony, an aggravated misdemeanor or a serious misdemeanor under state law or if the violation is a simple misdemeanor under Iowa Code chapters 687 through 747. A municipal infraction is punishable by civil penalty as provided herein. OFFICER: Any employee or official authorized to enforce this code of the city of Waterloo. REPEAT OFFENSE: A recurring violation of the same section of this code. B. Adoption Of Iowa Code On Municipal Infractions: Iowa Code section 364.22, municipal infractions, is hereby adopted by reference, in its entirety. All amendments to Iowa Code section 364.22 shall automatically modify this section. C. Penalties: The civil penalty for a municipal infraction, other than environmental violations, shall be scheduled as follows: First offense $200.00 Second offense 500.00 Third and subsequent offenses 750.00 D. Notice Of Violation: Any act constituting a municipal infraction under this code may be initially charged upon simple notice of violation. The city may serve a notice of violation upon a party charged with an act constituting a municipal infraction either by delivering said notice personally or by certified mail to the party's last known address. A person who admits the reported violation may remit payment of the penalty to the city and perform any other act required to be performed, and in such event the person charged shall not be further prosecuted by issuance of a municipal infraction citation and will not be assessed any costs or other expenses for such violation. The city shall retain all penalties thus collected. If the person charged denies the reported violation or fails to timely perform any act required to be performed by the notice of violation, a civil municipal infraction citation shall be served in the manner prescribed by the applicable provision(s) of this code. Nothing in this section imposes a duty on the city or any officer to initially charge any act or all acts constituting a municipal infraction upon simple notice of violation, and the officer charged with enforcement may initially issue a civil municipal infraction citation seeking a civil penalty with or without additional relief. E. Administrative Fees: If an officer of the code enforcement division is required in the same calendar year to issue a second notice of violation, municipal infraction citation, and/or a notice of abatement for any reason Add For IPMC Violations to a property owner for an offense at the same property, an administrative fee of one hundred dollars ($100.00) will be charged to the property owner in addition to any other fines, fees, penalties or costs imposed, and for additional notices or citations in the same calendar year the administrative fee shall be three hundred dollars ($300.00). The city clerk shall mail a statement of the administrative fee to the last known address of the owner and/or person in possession of the property as shown by the records of the county. Notice shall be by ordinary mail. Said statement shall be due and payable upon mailing and shall become delinquent if not paid within ten (10) days of the mailing date of the notice as evidenced by the date of said mailing. Any delinquent fees may be assessed against the property for collection in the same manner as a property tax, as provided in state law. A party who wishes to contest the administrative fee may file an appeal in the manner prescribed by subsection 7 -5B -6C of this code. This provision is not limited to repeat offenses, but is intended to apply to any subsequent notice of citation,Add Or Abatement Order as set forth above, • - - - - - - - - - - - -, that is issued by a code enforcement officer in the same calendar year in respect of the same property. (Ord. 4920, 7-14-2008; amd. Ord. 4948, 6- 22-2009) CITY OF WATERLOO Council Communication City Council Meeting: April 21, 2014 Prepared: April 15, 2014 Dept. Head Signature: # of Attachments: SUBJECT: Set Date of Hearing and Opening of the Bids for Video Detection System: 1-380 Ramps @San Marnan Dr. 1-380 @ Mitchell Ave. Submitted by: Sandie Greco, Traffic Operations Superintendent Recommended City Council Action: Resolution setting date of public hearing and opening of bids as May 5, 2014 and instruct City Clerk to publish Notice to Bidders. Summary Statement: The installation will done in-house Expenditure Required: $39,600 Source of Funds Iowa: IDOT Policy Issue Alternative Background Information: Video detection system will replace loops that will be destroyed as part of construction activities. August 2013 IOWA DEPARTMENT OF TRANSPORTATION Preconstruction Agreement For Primary Road Project County Black Hawk City Waterloo Project No. IMX-380-7(110)68 02-07 Iowa DOT Agreement No. 2014-6-171 Staff Action No. N/A This Agreement, is entered into by and between the Iowa Department of Transportation, hereinafter designated the "DOT', and the city of Waterloo, Iowa, a Local Public Agency, hereafter designated the "LPA" in accordance with Iowa Code Chapters 28E, 306, 306A and 313.4 as applicable; The DOT proposes to establish or make improvements to 1-380 within Black Hawk County, Iowa; and The DOT and the LPA are willing to jointly participate in said project, in the manner hereinafter provided; and This Agreement reflects the current concept of this project which is subject to modification by mutual agreement between the LPA and the DOT; and Therefore, it is agreed as follows: 1. Project Information a. The DOT will design, let, and inspect construction of the following described project in accordance with the project plans and DOT standard specifications: Hot Mix Asphalt (HMA) resurfacing on 1-380 from River Forest Road to Mitchell Avenue. b. As part of the project, the LPA has -requested installation of video detection cameras in lieu of replacing the signal loop detectors at the northbound Mitchell Avenue and San Marven exit ramp terminals within the city. The LPA will be responsible for the installation of the video detection cameras. The DOT will reimburse the city for the equivalent cost of replacing the loop detectors. (See Exhibit A for location and Exhibit B for costs). 2. Project Costs a. The DOT shall reimburse the LPA for its share of the project costs estimated at $39,600, as shown in Exhibit B. The amount paid by the DOT upon completion of construction and proper billing by the LPA will be lump sum of equivalent cost to replace the loop detectors as shown in Exhibit B. b. The DOT will bear all costs except those allocated to the LPA under other terms of this Agreement. 3. Traffic Control a. 1-380 through -traffic will be maintained during the construction. b. Nighttime ramp closures may be necessary. if so, the DOT will temporarily close the ramp(s) by formal action in accord with Iowa Code section 306.41. In that case ramp traffic will be detoured as 2014-6-171_ Waterloo.docx 1 August 2013 Estimated Quantities & Costs EXHIBIT B Quantity Unit Cost Cost Item Video Detection Camera Upgrade at Existing Signals 6 $1 D,00D $60,000 Less Iowa DOT reimbursement for 44 $900 $39,600 Loop Detector Replacement at Existing Signals Estimated LPA Cost $20,400 TOTAL Estimated DOTCost $39,600 2014-6-171 Waterloo.docx 6 August 2013 IOWA DEPARTMENT OF TRANSPORTATION Preconstruction Agreement For Primary Road Project County Black Hawk City Waterloo Project No. IMX-380-7(110)68 02-07 Iowa DOT Agreement No. 2014-6-.171 Staff Action No. N/A This Agreement, is entered into by and between the Iowa Department of Transportation, hereinafter designated the "DOT', and the city of Waterloo, Iowa, a Local Public Agency, hereafter designated the "LPA" in accordance with Iowa Code Chapters 28E, 306, 306A and 313.4 as applicable; The DOT proposes to establish or make improvements to 1-380 within Black Hawk County, Iowa; and The DOT and the LPA are willing to jointly participate in said project, in the manner hereinafter provided; and This Agreement reflects the current concept of this project which is subject to modification by mutual agreement between the LPA and the DOT; and Therefore, it is agreed as follows: 1. Project Information a. The DOT will design, let, and inspect construction of the following described project in accordance with the project plans and DOT standard specifications: Hot Mix Asphalt (HMA) resurfacing on 1-380 from River Forest Road to Mitchell Avenue. b. As part of the project, the LPA has requested installation of video detection cameras in lieu of replacing the signal loop detectors at the northbound Mitchell Avenue and San Marven exit ramp terminals within the city. The LPA will be responsible for the installation of the video detection cameras. The DOT will reimburse the city for the equivalent cost of replacing the loop detectors. (See Exhibit A for location and Exhibit B for costs). 2. Project Costs a. The DOT shall reimburse the LPA for its share of the project costs estimated at $39,600, as shown in Exhibit B. The amount paid by the DOT upon completion of construction and proper billing by the LPA will be lump sum of equivalent cost to replace the loop detectors as shown in Exhibit B. b. The DOT will bear all costs except those allocated to the LPA under other terms of this Agreement. 3. Traffic Control a. 1-380 through -traffic will be maintained during the construction. b. Nighttime ramp closures may be necessary. If so, the DOT will temporarily close the ramp(s) by formal action in accord with Iowa Code section 306.41. In that case ramp traffic will be detoured as 2014-6-171 _Waterioo.docx 1 August 2013 Estimated Quantities & Costs EXHIBIT B Quantity Unit Cost Cost Item Video Detection Camera Upgrade at Existing Signals 6 $'f 0,000 $60,aa0 Less Iowa DOT reimbursement for $90044 $39,600 Loop Detector Replacement at Existing Signals Estimated LPA Cost $20,400 TOTAL Estimated DOTCost $39,600 2014_6=171 Waterloo.docx 6 CONTRACT DOCUMENTS Video Detection System: 1-380 Ramps @ San Marnan, 1-380 @ Mitchell CITY OF WATERLOO, IOWA City Project Number: TOF-227 TABLE OF CONTENTS I- NOTICE OF PUBLIC HEARING AND NOTICE TO BIDDERS 1 RECEIVING OF BIDS 1 PUBLIC HEARING 1 II- FORM OF BID OR PROPOSAL 1 III- SPECIFICATIONS 1 A. GENERAL 1 1. Scope 1 B. DEFINITIONS 1 1. Terms used in these Standard Specifications 1 C. RELATED SPECIFICATIONS AND STANDARDS 1 D. VIDEO DETECTION SYSTEM (VDS) 2 i I- NOTICE OF PUBLIC HEARING AND NOTICE TO BIDDERS NOTICE OF PUBLIC HEARING On Specifications and Estimate of Cost and the NOTICE TO BIDDERS For the Taking of Bids for Purchasing Video Detection System: I-380 Ramps @San Marnan, 1-380 @ Mitchell RECEIVING OF BIDS City of Waterloo is accepting sealed bids for purchasing video detection systems. Sealed will be received by the City Clerk at City Hall, 715 Mulberry St, Waterloo, IA 50703 until May 5, 2014 12:00 noon. Project detail documents are now on file in the office of the City Clerk. PUBLIC HEARING The City Council will conduct a public hearing on the proposed specifications and estimate of cost at 5:30 p.m. on 5/5/2014, in the Council Chambers in the City Hall. You may appear and make objection thereto with the City Clerk before the date set for said hearing, or appear and make objection thereto at the hearing. Proposals will be opened in open council meeting to be held in the Council Chambers in the City Hall, on May 5, 2014, at 5:30 p.m. The bids will be acted upon on a later date after the proposals have been reviewed and approved. The project involves purchasing video detection system for traffic signal operations. A contract will be awarded to the qualified bidder submitting the most favorable bid considering price among other factors. The City reserves the right to reject any or all bids, re -advertise, waive informalities, and consider proposals along with the bid price. Bids may be held by the City for 30 days from the day of the opening of bids prior to awarding the contract. Liquidated damages will be charged in the amount of $20 per day. CITY OF WATERLOO, IOWA Suzy Schares City Clerk NOTICE OF PUBLIC HEARING PAGE 1 II- FORM OF BID OR PROPOSAL Video Detection System: 1-380 Ramps @San Marnan, 1-380 @ Mitchell CITY OF WATERLOO, IOWA Honorable Mayor and City Council, Waterloo, Iowa The undersigned, being a Corporation existing under the laws of the State of , a Partnership consisting of the following partners: , having familiarized (himself) (themselves) (itself) with the specifications as well as all the contract documents listed in the Table of Contents, now on file in the office of the City Clerk, City Hall, Waterloo, Iowa, proposes furnish the goods, all in accordance with the above -listed documents for the prices listed below: Total Bid Price in Writing: Total Bid Price: $ (numbers) Dollars 1. In submitting this bid, the bidder understands that the right is reserved by the City of Waterloo, Iowa, to reject any or all bids or select a bid that is most advantageous to the City. If notice of the acceptance of this bid is mailed, emailed, faxed, or delivered to the undersigned within thirty (30) days after the opening thereof, or at any time thereafter before this bid is withdrawn, the undersigned agrees to deliver the goods within 3 weeks to Waterloo Traffic Operations at 650 Glenwood Street, Waterloo, Iowa 50703, and as prescribed in the Contract Documents. (Name of Bidder) (Date) BY: Title Official Address: (Including Zip Code): I.R.S. No. FORM OF BID PAGE 1 ITEM QNTY UNITS UNIT PRICE TOTAL ITEM PRICE 1 Video Detection System Including Cameras, complete 6 EA 2 74" Camera Tube Riser, Bracket, 1 - Piece, Extended Tilt & Pan, Cable Mount, Aluminum, 84" Cable 6 EA 3 Camera Cable, As Per Camera Manufacturer Requirements 900 FT Total Bid Price in Writing: Total Bid Price: $ (numbers) Dollars 1. In submitting this bid, the bidder understands that the right is reserved by the City of Waterloo, Iowa, to reject any or all bids or select a bid that is most advantageous to the City. If notice of the acceptance of this bid is mailed, emailed, faxed, or delivered to the undersigned within thirty (30) days after the opening thereof, or at any time thereafter before this bid is withdrawn, the undersigned agrees to deliver the goods within 3 weeks to Waterloo Traffic Operations at 650 Glenwood Street, Waterloo, Iowa 50703, and as prescribed in the Contract Documents. (Name of Bidder) (Date) BY: Title Official Address: (Including Zip Code): I.R.S. No. FORM OF BID PAGE 1 III- SPECIFICATIONS A. GENERAL 1. Scope a. These Specifications cover the work described in the contract documents. It covers furnishing all labor, equipment and materials to deliver the goods as per contract documents. Where reference is made to the codes, standard specifications, supplemental specifications, the safety orders, the general orders, the standards, laws, and ordinances, it shall mean the version of the reference that is in effect on the bid advertising date. All material and equipment shall be provided in accordance with these Specifications. B. DEFINITIONS 1. Terms used in these Standard Specifications a. Specifications means this document titled STANDARD SPECIFICATIONS FOR TRAFFIC SIGNALIZATION" b. Iowa DOT means the Iowa Department of Transportation. c. City means City of Waterloo, Iowa, or its representatives. d. WTOD means City of Waterloo Traffic Operations Department. e. Punch List means a list of items that need to be corrected by the Contractor on the project before the final acceptance can be made. f. Response Time means the elapsed time from when the Contractor is given a notice to take certain actions to the time the Contractor actually starts the action. g. Contractor means the Contractor and/or Contractors representatives and sub -contractors. h. LED means light emitting diode. i. IP means Internet Protocol. j. APS means Accessible Pedestrian Signals. k. Contract Documents means the collection of all the documents prepared for and used in the course of advertising and awarding the contract such as Plans, Standard Specifications, Special Provisions, Form of Contract, Form of Bid, General Conditions of Contract, and all other forms and documents. C. RELATED SPECIFICATIONS AND STANDARDS a. The Contractor shall comply with all of the standards listed below: b. ANSI (American National Standards Institute) Standards. c. ASTM (American Society for Testing Materials) Standards. d. EIA (Electronics Industries Associations) Standards Iowa DOT Standard Specifications for Highway and Bridge Construction, and All Current Supplemental Specifications , in Particular Sections 2402, 2403, 2404, 2405. 2408, 2423, 4187, and Division 26. e. IMSA (International Municipal Signal Association) Standards. f. ITE (Institute of Transportation Engineers) Standards. g. MUTCD - Iowa Manual on Uniform Traffic Control Devices. h. National Electrical Code. i. National Electrical Safety Code. j. NEMA (National Electrical Manufacturers Association) Standards. k. Specifications of the Underwriters Laboratories, Inc. I. TIA (Telecommunications Industries Association) Standards. m. TIA/EIA (Telecommunications Industry Association/Electronic Industries Alliance) 568 PAGE 1 n. NTCIP (The National Transportation Communications for Intelligent Transportation System) Protocol. o. All pertinent local, state and federal laws and regulations covering installation, material, design, construction, and operation. p. The Contractor shall notify WTOD in writing of any discrepancy or ambiguity as to the intent or meaning of the contract documents or Special Provision before starting to work on that area. WTOD will supply the Contractor in writing with the intent. The decision of WTOD shall be final and conclusive. D. VIDEO DETECTION SYSTEM (VDS) a. The Video Detection System and its components, referred to as the VDS, shall be a complete and working system and shall comply with the requirements stated in the following paragraphs: b. The detection system components shall be separate from the camera, shall be provided for each individual camera, shall be designed to be housed inside the cabinet, shall be IP compatible, and shall accept third party -compatible cameras. c. NEMA compatible output to NEMA TS2 Type 1 controller with signal output for detection as NEMA loop detectors. d. Settable and definable loop detection area up to at least 400 feet measured from the camera location at mounting height of 25'. e. Minimum roadway surface coverage within 15 -degree cone of camera vision from camera lens axis measured from the camera mounting location. f. Software and hardware to provide for defining detection area (loops) as small as 6 feet by 6 feet or smaller, and defining large detection areas, minimum of five loops per lane, and minimum of four lanes per camera. g. Detector features shall include count detection, presence and passage detection, speed detection, label displays, data gathering stations, and contrast loss detection. h. Image shall be able to be calibrated for accurate distances. i. Shall have programmable fail-safe feature with fixed time, max time, or min time selection. j. The camera assembly, including mountings, shall withstand 90 mile per hour winds. k. Shall maintain acceptable performance during night hours with no ambient lighting. I. Shall have heating or features to maintain full operability in presence of snow and ice. m. Shall not fog. n. Shall provide all the software and hardware needed to program and run the video detection system from both the cabinet, and remotely from Waterloo Traffic Operations Center. The system shall have a 2 -year warranty. o. Housing shall be maintenance free. p. Shall not cause adverse electronic effect on the controllers operations. q. Shall operate at a mounting height of 20 feet or less, and up to 35 feet or more. r. Provide self -diagnostics of power -up and reporting failures. s. The system shall be capable of recognizing vehicular travel/movement directions. t. Shall have remote zooming capability. u. Shall operate satisfactorily between temperatures ranging from —30 degrees F to 140 degrees F. v. Camera and camera assembly shall have features or shall be designed to reduce the need for manual cleaning of the camera or enclosure lens. PAGE 2 Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-281 RESOLUTION PRELIMINARILY APPROVING SPECIFICATIONS, BID DOCUMENT, FORM OF CONTRACT, ESTIMATE OF COST, ETC., IN CONJUNCTION WITH THE PURCHASE OF VIDEO DETECTION SYSTEM: I-380 RAMPS AT SAN MARNAN DRIVE AND I-380 AT MITCHELL AVENUE. WHEREAS, the City Council of the City of Waterloo, Iowa, heretofore instructed the Traffic Operations Superintendent of said City to prepare proposed specifications, bid document, form of contract, estimate of cost, etc., in conjunction with the Purchase of Video Detection System: I-380 Ramps at San Marnan Drive and I-380 at Mitchell Avenue, in the City of Waterloo, Iowa, and WHEREAS, said Traffic Operations Superintendent did file said specifications, bid document, form of contract, estimate of cost, etc., in conjunction with the Purchase of Video Detection System: I-380 Ramps at San Marnan Drive and I-380 at Mitchell Avenue. 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 Purchase of Video Detection System: I-380 Ramps at San Marnan Drive and I-380 at Mitchell Avenue, in the City of Waterloo, Iowa, be, and the same are hereby, preliminarily approved as filed. PASSED AND ADOPTED this 21st day of April, 2014. 531' ‘eee Ernest G. Clark, ATTEST: --?_-)rA453:9!) Suzy Scha es, CMC City Clerk Mayor Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-282 RESOLUTION FIXING THE TIME AND PLACE OF HEARING ON PROPOSED SPECIFICATIONS, BID DOCUMENT, FORM OF CONTRACT, ETC., IN CONJUNCTION WITH THE PURCHASE OF VIDEO DETECTION SYSTEM: I-380 RAMPS AT SAN MARNAN DRIVE AND I-380 AT MITCHELL AVENUE, IN THE CITY OF WATERLOO AS MAY 5, 2014, AT 5:30 P.M. IN THE LAW COURT THEATER IN THE WATERLOO CENTER FOR THE ARTS, 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 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 5th day of May, 2014, for the purpose of holding a public hearing on proposed specifications, bid document, form of contract, etc., in conjunction with the Purchase of Video Detection System: I-380 Ramps at San Marnan Drive and I-380 at Mitchell Avenue, 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 21st day of April, 2014. ATTEST: Suzy Scha City Cler es, CMC E est 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 • (319) 291-4366 Fax (319) 291-4262 . NOEL C. ANDERSON, Community Planning & Development Director Council Communication City Council Meeting: April 21, 2014 Prepared: April 16, 2014 Dept. Head Signature: # of Attachments: A t, SUBJECT: Request to preliminarily approve plans, specifications, form of contract, etc., and to set a date of public hearing for May 5. 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 3137 Independence Avenue, 2375 Independence Avenue, 4012 Leversee Road, and 425 Almond Street. Submitted by: Noel Anderson- Community Planning & Development Director Recommended City Council Action: Resolution setting date of hearing as May 5, 2014 to approve Request for Proposals for Asbestos Abatement Services at 3137 Independence Avenue, 2375 Independence Avenue, 4012 Leversee Road, and 425 Almond 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 Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-283 RESOLUTION PRELIMINARILY APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, ESTIMATE OF COST, ETC., IN CONJUNCTION WITH ASBESTOS ABATEMENT SERVICES FOR THE FOLLOWING PROPERTIES: 3137 INDEPENDENCE AVENUE, 2375 INDEPENDENCE AVENUE, 4012 LEVERSEE ROAD, AND 425 ALMOND STREET. WHEREAS, the City Council of the City of Waterloo, Iowa, heretofore instructed the Community Planning and Development Director of said City to prepare proposed plans, specifications, form of contract, estimate of cost, etc., in conjunction with Asbestos Abatement Services for the following properties: 3137 Independence Avenue, 2375 Independence Avenue, 4012 Leversee Road, and 425 Almond Street, in the City of Waterloo, Iowa, and WHEREAS, said Community Planning and Development Director did file said plans, specifications, form of contract, estimate of cost, etc., in conjunction with Asbestos Abatement Services for the following properties: 3137 Independence Avenue, 2375 Independence Avenue, 4012 Leversee Road, and 425 Almond Street. 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 Asbestos Abatement Services for the following properties: 3137 Independence Avenue, 2375 Independence Avenue, 4012 Leversee Road, and 425 Almond Street, in the City of Waterloo, Iowa, be, and the same are hereby, preliminarily approved as filed. PASSED AND ADOPTED this 21st day of April, 2014. ATTEST: Suzy Scha City Cler , CMC 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. 2014-284 RESOLUTION FIXING THE TIME AND PLACE OF HEARING ON PROPOSED PLANS, SPECIFICATIONS, FORM OF CONTRACT, ETC., IN CONJUNCTION WITH ASBESTOS ABATEMENT SERVICES FOR THE FOLLOWING PROPERTIES: 3137 INDEPENDENCE AVENUE, 2375 INDEPENDENCE AVENUE, 4012 LEVERSEE ROAD, AND 425 ALMOND STREET, IN THE CITY OF WATERLOO AS MAY 5, 2014, AT 5:30 P.M. IN THE LAW COURT THEATER IN THE WATERLOO CENTER FOR THE ARTS, 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 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 5th day of May, 2014, for the purpose of holding a public hearing on proposed plans, specifications, form of contract, etc., in conjunction with Asbestos Abatement Services for the following properties: 3137 Independence Avenue, 2375 Independence Avenue, 4012 Leversee Road, and 425 Almond Street, 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 21st day of April, 2014. ATTEST: Suzy Schar-s, CMC City Clerk est G. Clark, Mayor AUDITOR'S COPY Board Approval_ Council Approval MINUTES COMMUNITY DEVELOPMENT BOARD MEETING March 18, 2014 The regular meeting of the Community Development Board was held in the Carnegie Annex Conference Room, 620 Mulberry Street, Waterloo, Iowa and called to order by Chairman Eric Johnson at 4:00 p.m. on Tuesday, March 18, 2014. Members present: Gary Rankin, Maxine Tisdale, Jeri Thornsberry, Robert Tyson, Jason Verbraken, Sajra Vunic and Eric Johnson. Also present: Rudy Jones, Community Development Director, Nancy Gulick, Community Development Coordinator and Tom Lind, Council Liaison. A. APPROVAL OF THE AGENDA. The Chairman indicated Board packets were mailed prior to the meeting, and asked for any changes or additions. It was moved by Jeri Thornsberry and seconded by Maxine Tisdale to approve the agenda as mailed. Motion carried. B. APPROVAL OF THE MINUTES FOR THE REGULAR MEETING AND THE PUBLIC HEARING ON FEBRUARY 18, 2014. The Chairman asked for changes or corrections to the minutes of the last regular meeting on February 18, 2014 and the public hearing at 5:00 p.m. on February 18, 2014. It was moved by Robert Tyson and seconded by Sajra Vunic to approve the minutes of the regular meeting and the public hearing on February 18, 2014 as mailed. Motion carried. C. OLD BUSINESS 1. Single Family Unit Production — Round 2 Update (Dec. 31, 2012 extended to Dec. 31, 2014). Rudy Jones stated that Iowa Contractor Services have completed their 10 units at the Summerland site. Black Hawk Development has built their 10 units, however, one unit still remains to be sold as the pending sale fell through. Once this final property sells, we can close out Round 2. 2. Single Family Unit Production — Round 3 Update (Dec. 31, 2012 extended Dec. 31, 2014). Rudy Jones explained that Iowa Contractor Services at the Summerland site is still working to finalize the necessary paperwork for construction of the street. The final two units have been presold. The contractor should be starting the five units at the Van Eaton site anytime between now and April 15th. They will be advertising the units for sale shortly. Chairman Johnson inquired if foundations would be in place by our next meeting? Rudy Jones indicted he would stay on top of this development in order to meet our deadlines. Minutes March 18, 2014 Page 2 3. Single Family Unit Production — Round 4 Update (March 15, 2013 Extended April 30, 2014). Rudy Jones explained there is a commitment of 20 units. Iowa Contractor Services is still working on their financing. Rudy stated the projects for Skogman Homes is progressing along well and he will be visiting the site to tour some of the structures. Chairman Johnson indicated some of the units are beginning to sell, however, the streets are in poor condition. The city is planning an overlay project in another year, after project completion in this area. Rudy Jones stated he visited one of the new construction homes on West Parker, constructed by John Rooff, and it appeared these homes are built with good, quality workmanship. Rudy explained there is one unit left to sell in this round. 4. Neighborhood Stabilization Program — Round 3 Update (February 28, 2014). Rudy Jones indicated we are ready for new construction after the foundation is framed up on 1019-1021 Lafayette. Demolition has begun at this site and we are moving forward. Gary Rankin and Chairman Johnson agreed the new and current board members would benefit from having a tour of some sites to see the progress being made in these areas. They suggested a tour be set up for the next Board meeting. Rudy Jones explained issues with MidAmerican Energy in making necessary cutoffs for the pending demolition projects. We closed on the acquisition of 1005 Lafayette last week. We have in process the acquisition of 1027 Lafayette and may have a closing this month. David Deeds is still interested in negotiating for 1025 Lafayette Street. This would complete the two blocks with NSP program funds and definitely help us shape up this area. D. NEW BUSINESS: 1. Endorse Rehabilitation Contracts for February 2014. (Copy attached) Chairman Johnson indicated the report was in the Board packet. Jeri Thornsberry questioned the property at 116 Lafayette Street for Rehabilitation at $36,472.00 and Lead work of $8,000. Rudy Jones explained this property had a substantial amount of lead work and noted he would provide a breakdown at the next meeting. Jason Verbraken also inquired about the cost of the property at 1032 Dawson. Nancy Gulick explained several funds are combined to complete this project. Further discussion continued on addressing siding issues on garages. Rudy Jones explained the concern with water service breakages and frozen water lines that may develop from the harsh winter weather. Rudy also noted that he and Mark Boesen met with Jeff Roe from Operation Threshold discussing ways to work together with our funding sources to help our clients in terms of the weatherization program. Some items are not eligible under their program guidelines, such as knob and tube wiring in older homes. We will plan to work together to help bring the housing stock up to city code. Minutes March 18, 2014 Page 3 It was moved by Maxine Tisdale and seconded by Gary Rankin to endorse the Rehabilitation Contracts for February 2014. Motion carried. 2. Approve Housing Program Policy and Procedure Manual. Chairman Johnson asked for an overview of the policy. Rudy Jones indicated we are always updating our program to state of the art, with our policies and procedures. Nancy Gulick explained the HOME Program is now requiring us to have guidelines for the down payment assistance program that are more stringent than ever. The new forms are required for debt to income ratios, to make sure clients can make payments. Most of the main document has been approved by the Board, and we have simply combined the policies into one main document. Chairman Johnson inquired about the grant variance policy and discretionary decisions. Nancy explained this is the same for all of our programs, but can be changed. The Chairman noted anything that is diverting from our established programs should come back to the Board for review. Rudy Jones indicated this document will protect the interests of the staff and not put anyone in harm's way. Further discussion continued on the text and Chairman Johnson indicated the verbiage should be changed to say a variance will be considered by the Board. Nancy Gulick reread the sentence: Variances from these policies and procedures shall only be granted by the Community Development Board. A variance to the existing policies and procedures will be considered that documents a specific hardship on the part of the homebuyer/homeowner or other parties involved in the project, and that granting a variance will further the goals, purposes, and effectiveness of the Housing Programs and will conform to all applicable HUD guidelines. It was moved by Jeri Thornsberry and seconded by Sajra Vunic to approve the Housing Program Policy and Procedure Manual with the noted corrections. Motion carried unanimously. E. DISCUSSION ITEMS. 1. Community Development Week: April 21-25, 2014. Rudy Jones suggested a tour of some sites would be organized, and if there is a special recognition to make, we will consider it. We will plan to include the Board members and City Council members. F. ADJOURN MEETING. With no further business to come before the Board, the Chairman adjourned the meeting. Respectfully submitted, Geraldine "Jeri" Thornsberry, Board Secretary Minutes March 18, 2014 Page 4 February 20"A Contrac-s signed ,....44-...0.....m, iwg I1144kiti . 1C1,yYt CD8 Rehab Program CC91rt•ACT xANE m'C_LLLI&T VANDEI Aeontr.a. MME =147R.ACT±R UNE Al.:L Nr -ante Cupar: Jon 1,599 111 as Lafayette reo, slim wrecww, doors 5'etters 2'1-322314 35,473:00 Marr Arles 'We Jon 1,..1 9'2 Ireetereerc wadonis, : ytseters, w,', s mit.; repot E-ctters 2,11,2214 33,44.7.33 eS11eJ.acl.&LexsM31cc Jon 1353 2117Murxrrr res'awrcow,deers %Jo 2.10.2314 24:33::33 -IYaryDuman Jon 155.: 1-312 Janson . cmp, alnaorws teats 543a & ce":-Zrepar Tela 2211,2314 793.33 Total 64,792.0D Ramp Program CDNTL T Ii4Yr a L=&T ATJA10111 ACCRC'3,, RTF:'ir :iifl; i-ltialn CTC Total - Emergency Reps:Ire Program• xxm.—r NAME LFCLLiLIST N.INUEll ACCIiC'M fl t fl Z.CSx.rf{TCR CRTC 4142.1 Nr Gla Mrslon Jan 114E. 2213 C:-earsle-a• eteacal e.yttx.. 4ont stn : Rcr.::on:7u_fcn 2:14.2014 =:333.33 31319 owner . rc5 Erle =ry rt Met 1133 ' 1:•Qutcy =`. 'halerser.ke Fraser BryLEacovetag ..7.2314 2.133.00 Total' $ s.930.o0 EDI Energy Etticlercw Program aeras_r MIME :FMIALIST 4j14IIM AECIr7 RVOT. Xx'RACT_R C?.'C ?lA6JNr BerTeWIter ..at D142 313 Glanwool •,cal_r:er4?ce hT Sts- 2122314 3.533:33 I 4,1100.00 HOME Rehabilitation Program CetliTTALT NAMC :FLY11415T 4.1.01ILTl ACCIIC7. RMAII 7Cx"nr_R COM 4YI6J4T 'diary Quint! 4x11 1532 133; 7aa}son Tela Z11.2114 2=.733:33 Tote I 24.708:03 Lead Grant Program a 1rraA=r Nue :rrciAusr .11.1100M Ascot= RG4n xx'R CTCR WC AM./NT —erre Currer, Jon 1933 11e Lara}eta 57t Weal 2:192314 3.333:33 Marr Ahle. Jon 1,341 E`2 Ireerereeree Sicttem 211.2314 3,333:33 a11IeJ. Mr.x►:&Leas Man= Jon 1933 2117Muterrr Tc,to 2132314 5.239:33 7fforY Dumte Jon 1332 1732Oaason ToJo 11;231= 3:373:33 Tota" >a 25:235.24 Voucher Prepared by Pauline C City of waterloo 9002 PAYMENT VOUCHER A042114 April 14, 2014 Vendor Name Peterson Contractors Address City & State ************************************* Vendor No. Departmen Engineering Grant/Project Code # Invoice Date Invoice No. Qty/Unit Amount Description GL Distribution 4/14/2014 Est # 6 Final Special Instructions Submitted By City Contract 775 Est.. No 5 $6,730.74 F.Y 2010 Ridgeway & LaPorte Rd $1,682.69 Intersection Improvements Final TOTAL 8,413.43 4/14/14 Date Approved By An Equal Opportunity/Affirmative Action Employer 290-07-7500-2165 205-07-7500-2165 Pay Request #6 (Final) RIDGEWAY AVENUE AND LA PORTE ROAD INTERSECTION IMPROVEMENTS CONTRACT NO. 07-8155.715 CITY OF WATERLOO 3/8/2013 Contract Items Contract Amount Completed to Date Completed This Period ITEM ITEM CODE NO. DESCRIPTION UNIT EST. QTY. UNIT PRICE EXTENDED AMOUNT Qty $ Amount Qty $ Amount 1 2102-2710070 Excavation, Class 10, Roadway and Borrow CY 1,120 $6.00 $6,720.00 1120 $6,720.00 0 $0.00 2 2105-8425015 Topsoil, Strip, Salvage and Spread CY 240 $7.00 $1,680.00 240 $1,680.00 0 $0.00 3 2107-0875100 Compaction with Moisture Control CY 999 $3.00 $2,997.00 0 0 $0.00 4 2113-0001100 Subgrade Stabilization Material, Polymer Grid SY 590 $3.50 $2,065.00 358 $1,253.00 0 $0.00 5 2115-0100000 Modified Subbase CY 490 $34.00 $16,660.00 350 $11,900.00 -140 -$4,760.00 6 2201-0505090 Base, Standard or Slip Form P.C. Concrete, 9 In. SY 445 $40.50 $18,022.50 445 $18,022.50 0 $0.00 7 2301-1033080 Standard or Slip Form Portland Cement Concrete Pavement, Class C, Class 3 Durality, 8 In. SY SY 1,358 6 $38.00 $36.00 $51,604.00 $216.00 1358 6 $51,604.00 $216.00 0 0 $0.00 $0.00 8 2301-4875006 Median, P.C. Concrete, 6 in. 9 2303-0033504 Hot Mix Asphalt Mixture (1,000,000 ESAL), Surface Course, 1/2 In. Mix, FRICL-4 Ton 90 $180.00 $16,200.00 82.72 $14,889.60 0 $0.00 10 2303-0246422 Asphalt Binder, PG 64-22 Ton 5.0 $515.00 $2,575.00 4.8 $2,472.00 0 $0.00 11 2303-3400000 Adjustment of Fixtures EA 3 $800.00 $2,400.00 4 $3,200.00 0 $0.00 12 2401-6745910 Removal of Sign EA 5 $100.00 $500.00 5 $500.00 0 $0.00 13 2435-0140200 Manhole, Storm Sewer, SW -402 EA 1 $2,800.00 $2,800.00 1 $2,800.00 0 $0.00 14 2435-0250700 Intake, SW -507 EA 2 $3,800.00 $7,600.00 2 $7,600.00 0 $0.00 15 2435-0250900 Intake, SW -509 EA 1 $4,000.00 $4,000.00 1 $4,000.00 0 $0.00 16 2502-8212206 Subdrain, Perforated Plastic Pipe, 6 In. Dia. LF 469 $10.00 $4,690.00 469 $4,690.00 0 $0.00 17 2502-8220193 Subdrain Outlet (RF -19C) EA 6 $300.00 $1,800.00 4 $1,200.00 0 $0.00 18 2503-0114212 Storm Sewer Gravity Main, Trenched, Reinforced Concrete Pip (RCP), 2000D (C III), 12 In. LF LF 154 56 $50.00 $55.00 $7,700.00 $3,080.00 154 57 $7,700.00 $3,135.00 0 0 $0.00 $0.00 19 2503-0114215 Storm Sewer Gravity Main, Trenched, Reinforced Concrete Pip (RCP), 2000D (C III), 15 In. 20 2510-6745850 Removal of Pavement SY 1,570_ $6.00 $9,420.00 1570 $9,420.00 0 $0.00 21 2510-6750600 Removal of Intakes and Utility Accesses EA 1 $800.00 $800.00 0 0 $0.00 22 2512-1725256 Curb and Gutter, P.C. Concrete, 2.5 Ft. LF 140 $18.00 $2,520.00 140 $2,520.00 0 $0.00 23 2518-6910000 Safety Closure EA 4 $200.00 $800.00 3 $600.00 0 $0.00 24 2524-6765010 Remove and Reinstall Sign As Per Plan EA 2 $175.00 $350.00 2 $350.00 0 $0.00 25 2524-9265010 Posts, Steel, As Per Plan EA 9 $125.00 $1,125.00 9 $1,12.5.00 0 $0.00 26 2524-9325001 Type A Signs, Sheet Aluminum SF 39.00 $21.00 $819.00 39 $819.00 0 $0.00 27 2525-0000100 Traffic Signalization LS 1 $179,490.00 $179,490.00 1 $179,490.00 0 $0.00 28 2526-8285000 Construction Survey LS 1 $2,600.00 $2,600.00 1 $2,600.00 0 $0.00 Page 1 of 3 Pay Request #6 (Final) RIDGEWAY AVENUE AND LA PORTE ROAD INTERSECTION IMPROVEMENTS CONTRACT NO. 07-8155-715 CITY OF WATERLOO 318/2013 Contract Items Contract Amount Completed to Date Completed This Period ITEM ITEM CODE NO. DESCRIPTION UNIT EST. QTY, UNIT PRICE EXTENDED AMOUNT Qty $ Amount Qty $ Amount 29 2527-9263109 Painted Pavement Marking, Waterborne or Solvent Based STA $0.00 0 $0.00 30 2527-9263137 Painted Symbols and Legends, Waterborne or Solvent -Based EA $0.00 0 $0.00 31 2528-8445110 Traffic Control LS 1 $3,850.00 $3,850.00 1 $3,850.00 0 $0.00 32 2533-4980005 Mobilization LS 1 $10,000.00 $10,000.00 1 $10,000.00 0 $0.00 33 2599-9999005 (Each Item) Curb Inlet Protection EA 3 $65.00 $195,00 5 $325.00 0 $0.0-0- 34 2599-9999005 (Each Item) Subdrain Cleanouts EA 2 $1,850.00 $3,700.00 0 0 $0.00 35 2601-2634100 Mulching AC 0.5 $700.00 $350.00 0.5 $350.00 0 $0.00 36 2601-2636044 Seeding and Fertilizing (Urban) AC 0.5 $1,200.00 $600.00 0 $0.00 37 2602-0000020 Silt Fence LF 320 $2.00 $640.00 364 $728.00 0 $0.00 Total of Original Contract Items $370,568.50 $355,759.10 -$4,760.00 Page 2 of 3 Pay Request #6 (Final) RIDGEWAY AVENUE AND LA PORTE ROAD INTERSECTION IMPROVEMENTS CONTRACT NO. 07-8155-715 CITY OF WATERLOO 3/8/2013 Miscellaneous Extras and Credits Contract Amount Completed to Date Completed This Period ITEM NO. DESCRIPTION EST, QTY. UNIT UNIT PRICE EXTENDED AMOUNT Qty $ Amount Qty $ Amount 8001 Painted Pavement Marking, Waterborne or Solvent -Based 24 STA $ 35.20 $ 844.80 24 $ 844.80 0 $ - 8002 Painted Symbols and Legends, Waterborne or Solvent- 8 EA $ 46.20 $ 369.60 8 $ 369.60 0 $ 8003 Exploratory Excavation 1 LS $ 645.00 $ 645.00 1 $ 645.00 0 $ - 8004 Conduit, Bored, Schedule 80 PVC 100 LF $ 22.00 $ 2,200.00 100 $ 2,200.00 100 $ 2,200.00 8005 Luninaire Heads 2 EA $ 302.50 $ 605.00 2 $ 605.00 2 $ 605.00 8006 Interconnect Cable 550 LF $ 2.86 $ 1,573.00 550 $ 1,573.00 550 $ 1,573.00 8007 Network Video Transmitter/Receiver 1 EA $ 3,850.00 $ 3,850.00 1 $ 3,850.00 1 $ 3,850.00 8008 Hydroseed with Hydraulic Mulch 0.5 0.54 AC AC $ 7,700.00 $ 3,575.00 $ 3,850.00 $ 1,930.50 0.54 0.54 $ 4,158.00 $ 1,930,50 0.54 0.54 $ 4,158.00 $ 1,930,50 8009 Overseed and Fertilize Totals Total Value of Completed Work Retainage Amount Due to Contractor Less Previous Payments Amount Due This Invoice Contractor Approval: Peterson C ntra tors Inc. 0% /4/1/ Engineer Approva : n der & Associates, Inc. Owner Ap ity of Waterloo Page 3 of 3 Date $ 371,935.00 $ 371,935.00 $ 363,521.57 5r 8,413.43 3O Prepared by Pauline c April 14, 2014 Batch No. Keyed By: Vendor Ricklefs Excavating LTD Engineering Department Address 12836 Buffalo Rd Grant/Project Code City & State Anamosa, la Ciuty & State ************************************* 9002 A123013 G/L Distribution Invoice Date Invoice No. Qty/Unit Amount Description 4/7/14 EST # 2 $ 169,287.96 Orange School Sanitary Sewer Extension 609-14-5230-2163 City Contract No. 816 EST # 2 Services thru 2/5/14 - 3/31/14 Special Instructions: e ubmitted =y Total $ 169,287.96 4/14/14 Date Approved By: Date An Equal Opportunity/Affirmative Action Employer F.Y. 2014 Orange School Sanitary Sewer Extension Contract 816 Waterloo, Iowa Letting Date: December 2, 2013 Contract Date: December 19, 2013 Contract Completion Date: August 1, 2014 PAYMENT REQUEST NO.2 Construction Period: 02.05.14 thru 03/31114 TO: Jamie Knutson City of Waterloo 715 Mulberry St. Waterloo, IA 50703 Contractor: Ricklefs Excavating Ltd. 12536 Buffalo Rd. Anarnosa, IA 52205 PAGE 1 OF 2 DATE: 04/07/2014 1. Original Contract Sum $273,405.00 2. Net Change by Change or Extra Work Order $0.00 (7000 & 8000 Items, Net Contract Adjustment) 3. Contract Sum To Date = $273,405.00 (Line 1. + 2.) 4. Total Completed To Date Page 3 $240,383.00 5. Total To Date Retained - (5%) Page 3 - $12,319.15 6. Total To Date Earned Less Retainage Page 3 = $234,063.85 7. Less Previous Payment Requests - $64,775.89 1. Contract Items $64,775.89 2. Retainage Release $0.00 '8. Payment Due This Request Page 3 $169,287.96 1. Contract Items $169,287.96 2. Retainage Release $0.00 9. % of Contract Dollars Completed To Date * REMIT TO: RICKLEFS EXCAVATING LTD. J / Recommended For Approval: APPROVED BY: ACCEPTE William J. Claasse. ,y Jamie Knutson 90.12% e,aoLi DATE : t ` -- C) f% Zo laassen Engineering and Surveying,7//e//f/ Inc. DATE : DATE: Ott OS IV RICKLEFS EXCAVATING LTD./ EXCEPTIONS TAKEN: DATE : HEM o • 6 ilo 0 1 iw j I H • (n Io CON- • IM 1» I w 1 j i 1 1 m I o I n O !O 2Z.1 H m i I 1 1 20.Q11 a 1 Iw $35,292.00 I - 10 w 1 1 i q r0VI e I e O O O .a 1 . rn — I — 0 0 00 0 0 m a N _ _ • ¢ 6 W O0 ADJUST EXISTING MANHOLE TOP o R- N y >0A !i U3 Q a w o= z C7 mr W F W3 cc < <0 zz Nfr/) 1- 10 -{0 {A w I 1N I I - I-1— 0 0 0 o 0 0 0 10 to - 1- e e wI m W m ✓ 14 W m • ;e 1 o I m • 1g W 1- 1— 1- 1U iJ 16 o I o O I 1 1 1— 0 i 0 O O 1 m I , e i o - i - - 1 -; - 1 - O Ea — to o O IoO w I o c f w Iw 1 O O O � O !� H 0 1 0 Ig e o 0 O O I O w iO i y 0 ' 0 0 1 0 • id 1614 0 O 0 1 0 o I o , o e 0010 • Io I0 10101010 16 i o !0i,_1o;wlo 10 i m r M w w w 10101 I 1- -i-1-1- I J ,(Lits J. is 1— — I-1-1— — S o { O O lo O O 1 0{ o O ' O O ; O 1 0 1 0{ O Cl) o los 10 1 1 1-1-1§ N I i I 11 QI - ;— I— 1— 1-1—,-1— m • I. 0, i� 1 1— 1— 1 0 1 m Icj I i ' 1 — 1 I — 1—i—i-1— 1 F- W ! Q 1U, IWILLI I} 1N 2 1 D to I 0 O O 0 ' a 0. 0) 0i N Z 0 J 0 1 Z UO N^ U i¢ W_ LL r• W Q a g aiz0i wX 1 WO W i N W O l O 0 i 0 N N N N 1 - I- i• O O 1 U 0 1 F I6 6 !ri O O 0 l0 • ee o 0 0 O O O 0 0 CO o- - OO0O0 . I - -- - c 1 CO WW Ow az ZQ O> UO NO 7 Z WM 0¢ OX FOUNDATION MATERIAL 1 Z Z O m 0 0 OcootI W m w0 LLQ I u.r 0. 06' ZM Z-1 Pd Pc61 Xy Xyl w N w N U K O 001 U < U i aW aW. 0_, , W 0-r 0-r "- DENOTES CONTRACT ITEM QUANTITY ADJUSTMENT BY WORK CHANGE ORD .11 co CO $68,185.15 THIS PERIOD $246,383.00 PREVIOUSLY SUBTOTAL -THIS SHEET ONLY "F" and/or "FF" in ITEM STATUS column denotes "FINAL" item quantity. Retain This Period Prey. Retained LESS RETAINAGE @ 5% $234,063.85 SUZY SCHARES From: Steve Schmitt <sschmitt@schmitthouse.com> Sent: Monday, April 21, 2014 3:24 PM To: SUZY SCHARES; MAYOR CLARK Cc: 'Dustin W. Whitehead, CCIM' Subject: FW: Property Maintenance Code - Front Yard Parking Importance: High FYI, wanted you to see this, for the record. Thanks Steve Original Message From: Dustin W. Whitehead, CCIM [mailto:dustinw@lockardonline.com] Sent: Monday, April 21, 2014 2:53 PM To: 'sschmitt@schmitthouse.com' Cc: 'NOEL ANDERSON'; LARRY SMITH; 'david.jones.wardl@gmail.com'; 'tomlindcitycouncil@gmail.com'; 'pjfm59@mchsi.com' Subject: FW: Property Maintenance Code - Front Yard Parking Importance: High Steve, Per our call this afternoon below is the email chain I mentioned. This is regarding the Front Yard Parking changes that are in front of council tonight. I have tried to work on this with Larry and Maria over the last year and a half. I think the main point to take from this is that the city tries to promote an aesthetically pleasing local environment. Parking in the front yard detracts from the aesthetics of a neighborhood. As a point of reference my address is 546 W. Wellington St. Look forward to your input and help in cleaning up this ordinance for the City of Waterloo and the Church Row Neighborhood. Thanks for your help, Dustin Dustin W. Whitehead, CCIM DIRECTOR OF SALES & LEASING, MIDWEST LOCKARD REALTY 4501 Prairie Parkway Cedar Falls, IA 50613 Office: (319) 277-8000 Mobile: (319) 961-6545 Fax: (319) 277-8080 dustinw@lockardonline.com www.lockardonline.com 1 "Success is peace of mind which is a direct result of self-satisfaction in knowing you made the effort to become the best of which you are capable." -Coach John Wooden Original Message From: Dustin W. Whitehead, CCIM Sent: Wednesday, December 05, 2012 2:19 PM To: 'MARIA TILLER'; 'NOEL ANDERSON' Cc: 'LARRY SMITH' Subject: RE: Property Maintenance Code Maria, Thank you for the follow-up. I really appreciate it. Noel and I discussed this at length last night and I also looked up the code myself. While the code does not mention the R-3 district, I believe the code is intended to apply to the use of the property (one and two family dwellings). This can be cited in Paragraph 3 under Section 302.8.1 of the code. This Paragraph states the following: 3. Standards Governing The Off -Street Parking Or Storage Of Vehicles As An Accessory Use. a. Restrictions Addressing Parking Of Vehicles On Residential Property: 1) No more than four (4) motor vehicles including cars, trucks, trailers, recreational -shall be parked outside an approved garage on residential property. 2) Any vehicles parked outside an approved garage shall be parked on concrete, asphalt, gravel or similar surface approved by the city of Waterloo. Grass is not an approved parking surface. b. Parking In Front Yards: For one- and two-family dwellings, no parking shall be allowed in the front yard, as defined in no. 3 of this section, unless the following is true: 1) The area is a permitted driveway as defined in this ordinance. 2) In any "R" district, no one- or two-family dwelling or lot shall have more than thirty-three percent (33%) of the front yard used for driveway and off-street parking purposes. However, this restriction shall not prohibit the construction of a twenty -foot (20') driveway or driveway expansion immediately in front of and the minimum width reasonably necessary to provide access to a 3 or 4 -stall garage. Nor shall it prohibit the construction of a circular drive if otherwise approved by the city engineer and meeting the requirements of the city code of ordinances. 3) Front yard parking shall be limited to the driveway for vehicles as defined in this ordinance. Recreational vehicles as defined in this ordinance shall be strictly prohibited from parking in the front yard. 4) Parking is permitted in the rear and side yards, behind the front yard as herein defined. In the case of corner lots, the front yard shall include that portion of the lot between the principal structure and the street right-of-way on both street sides of the lot. All parking shall comply with paragraph 3.a.2. 2 Additionally, the purpose of the code is intended to regulate the location of vehicles parked in the front yard and it states at the beginning of the section that it is the desire of the city of Waterloo to encourage an aesthetically pleasing local environment. The city put the following goals in place to help achieve the purpose: (1) To preserve and improve the peace, safety, health, welfare, comfort and convenience of the citizens of the city of Waterloo; (2) To minimize the adverse visual effects of front yard parking; and (3) To allow for the reasonable use of driveways in the front yard for parking. Per our conversation last week, I understand that this code has been a source of frustration for code enforcement. I hope that Mr. Clark and you will find that code may need to revised to meet its purpose and intent. I am more than willing to meet with the two of you as well, just let me know. Again, thank you for your time and follow-up. I look forward to resolving this soon. Best, Dustin Dustin W. Whitehead, CCIM DIRECTOR OF SALES & LEASING, MIDWEST LOCKARD REALTY 4501 Prairie Parkway Cedar Falls, IA 50613 Office: (319) 277-8000 Mobile: (319) 961-6545 Fax: (319) 277-8080 dustinw@lockardonline.com www.lockardonline.com "Success is peace of mind which is a direct result of self-satisfaction in knowing you made the effort to become the best of which you are capable." -Coach John Wooden Original Message From: MARIA TILLER [mailto:MARIA.TILLER@WATERLOO-IA.ORG] Sent: Wednesday, December 05, 2012 1:32 PM To: NOEL ANDERSON Cc: LARRY SMITH; Dustin W. Whitehead, CCIM Subject: RE: Property Maintenance Code Good afternoon, I have in touch with Craig Clark on having the amendment to the 302.8 Section of the IPMC book changed. He is at a funeral today but we plan to sit down and discuss this. The problem is when the IPMC was adopted they had only restricted R-1 and R-2 from parking in the front yards, grass, etc. All vehicles are to be parked on gravel, asphalt, or cement. Vehicles are not limited to trailers, campers, RV's, etc. Any vehicle that has to be licensed to be on the street has to abide by the ordinance. 3 That left the R-3 and R-4 with no restrictions on the parking of the vehicles. Please allow Craig and Ito discuss this matter upon his return. Thank you, Maria Tiller Code Enforcement Foreman CITY OF WATERLOO Original Message From: NOEL ANDERSON Sent: Wednesday, December 05, 2012 11:38 AM To: LARRY SMITH; MAYOR CLARK Cc: MARIA TILLER Subject: RE: Property Maintenance Code thanks Larry ! Noel Anderson Community Planning & Development Director City of Waterloo 715 Mulberry Street Waterloo, Iowa 50703 Phone 319.291.4366 Fax: 319.291.4262 Cell: 319.290.6357 "To the world you may be one person, but to one person you may the world." - Heather Cortez Original Message From: LARRY SMITH Sent: Wednesday, December 05, 2012 8:27 AM To: NOEL ANDERSON; MAYOR CLARK Cc: MARIA TILLER Subject: RE: Property Maintenance Code Noel To say I'm up on every code would just simply be a misstatement, it is my understanding it is a violation I will look into the exact code number but I do know the problem is universal city wide. To try and stop it from happening would be a monumentous task however we do cite people for it as we become aware. I'll copy Maria and we will give you the answer you are looking for but to say we can stop everyone from doing it I can tell you realistically no but again we will continue to enforce the ban as much as possible. I have had citizens contact me and complain why they were ticked when they can drive all over town and see it happening, so it's a problem and I truly don't have an answer as how we insure no one does it. Original Message From: NOEL ANDERSON Sent: Tuesday, December 04, 2012 7:04 PM To: MAYOR CLARK; LARRY SMITH Subject: FW: Property Maintenance Code 4 I'm not an expert on the Property Maintenance Code, but I thought one of the main reasons for it was to stop the parking in the front yard look we had in areas of the community. The Zoning Ordinance does not get specific about where you can park on 1 & 2 family houses, so it is no help in its present form. Is it truly allowed? And, if ye, do we need to tweak it to disallow this type of parking? Common sense should stop these people, but apparently not all of them.... thanks, Noel Noel Anderson Community Planning & Development Director City of Waterloo 715 Mulberry Street Waterloo, Iowa 50703 Phone 319.291.4366 Fax: 319.291.4262 Cell: 319.290.6357 "To the world you may be one person, but to one person you may the world." - Heather Cortez Original Message From: Dustin W. Whitehead, CCIM [mailto:dustinw@lockardonline.com] Sent: Friday, November 30, 2012 8:53 AM To: NOEL ANDERSON; ARIC SCHROEDER Cc: Nicole Whitehead Subject: Property Maintenance Code Guys, Please see attached. This is my neighbor. She has been doing this for nearly a year. At first it was just one car, but now it is two. As you can see, she uses my driveway for either the entrance or exit depending on how she parked. Obviously, this looks terrible and in my opinion, detracts from the area (the neighbor across the street is trying to sell). I already spoke to Code Enforcement about this and apparently there R-3 and R-4 districts are on included in the "no parking in the front yard" portion of the Property Maintenance Code. Who do I need to petition to add these districts to the code? I have thought about talking to Mary Potter, the head of our neighborhood association, but thought I would talk to you first. Please let me know you thoughts. I am willing to sit down to discuss further if needed. Best, Dustin 5