HomeMy WebLinkAbout05/19/2014THE CITY COUNCIL OF THE CITY OF WATERLOO,
IOWA, REGULAR SESSION TO BE HELD AT THE
WATERLOO CENTER FOR THE ARTS, LAW COURT THEATER, 5:30 P.M.
MONDAY, MAY 19, 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. If there is a hearing scheduled as part of an agenda item,
allow everyone who wishes to address the council, using
guidelines found in these "general rules".
(3) minutes.
the chair/presider will
the same participation
4. Although not required by city code of ordinances, oral presentations may be allowed
at the chair/presider's (usually the Mayor or Mayor Pro Tem) discretion. The "oral
presentations" section of the agenda is your opportunity to address items not on the
agenda. A speaker may speak to one (1) issue per meeting for a maximum of three
(3) minutes. Official action cannot be taken by the Council at that time, but may be
placed on a future agenda or referred to the appropriate department.
5. Keep comments germane and refrain from personal, impertinent or slanderous
remarks.
6. Questions concerning these rules or any agenda item may be directed to the Clerk's
Office at 291-4323.
7. Citizens are encouraged to register with the Clerk's Office by 5:00 p.m. on Monday
of the day of the City Council meeting to appear before the City Council (may also
register by phone). Registered speakers will be given first priority.
May 19, 2014
Roll Call.
Moment of Silence.
Pledge of Allegiance: Craig Clark, Building Official/ Maintenance Administrator.
Agenda, as proposed or amended.
Page 2
Minutes of May 12, 2014, Regular Session and May 13, 2014 Special Session,
as proposed.
Proclamation declaring May 19-23, 2014, as "Senior Corps Week."
Proclamation declaring May 18-24, 2014, as "Emergency Medical Services
Week."
Proclamation declaring May 24, 2014, as "KOKZ 105.7 Fourth Street Cruise
Day."
1. Consent Agenda: (The following items will be acted upon by voice vote on a single
motion without separate discussion, unless someone from the council or public
requests that a specific item be considered separately.)
a. Resolution to approve the following:
1. Bills Payment, Finance Committee Invoice Summary Report, a copy of which is
on file in the office of the City Clerk.
2. Request of The Accel Group to hold 2nd Annual Accel Triathlon event to be held
on June 8, 2014 from 8:00 a.m. to 11:00 a.m. at George Wyth State Park,
together with recommendation of approval of Director of Safety Services.
Submitted by Joe Leibold, Captain of Police Services
3. Request of George & Nikki Vella for tax exemptions for the construction of a new
single family dwelling valued at $269,387.00 located at 4827 Yellowstone Drive
and located in the City Limits Urban Revitalization Area (CLURA).
Submitted by Noel Anderson, Community Planning & Development Director
4. Request of John Jensen for tax exemptions for the construction of a new single
family dwelling valued at $150,000.00 located at 1444 Hummingbird Circle and
located in the City Limits Urban Revitalization Area (CLURA).
Submitted by Noel Anderson, Community Planning & Development Director
5. Request of Aaron Heying for tax exemptions for the construction of a new single
family dwelling valued at $150,000.00 located at 1436 Hummingbird Circle
and located in the City Limits Urban Revitalization Area (CLURA).
Submitted by Noel Anderson, Community Planning & Development Director
May 19, 2014 Page 3
6. Request of Hector Lopez Elizalde for tax exemptions for the construction of a
new single family dwelling valued at $150,000.00 located at 1438
Hummingbird Circle and located in the City Limits Urban Revitalization Area
(CLURA).
Submitted by Noel Anderson, Community Planning & Development Director
7. Request of Kristopher D. Fix for a concrete driveway to be located at 1925 Avon
Avenue, together with recommendation of approval of City Engineer.
Submitted by Eric Thorson, P.E., City Engineer
8. Request of Scott Van Sickle for a concrete driveway to be located at 3666
Ranchero Road, together with recommendation of approval of City Engineer.
Submitted by Eric Thorson, P.E., City Engineer
9. Request of Dan Trelka for a variance to the Noise Ordinance on June 7-8, 2014
from 6:30 p.m. to 7:00 p.m. in conjunction with Dillinger's Wheelman in
Waterloo; A re-enactment of the 1934 shootout with Gangster Tommy Carroll
event to be held on Sycamore Street between 4th and 5th Street (in front of the
Brown Derby) including the use of a PA system, together with recommendation
of approval of Director of Safety Services.
Submitted by Daniel Trelka, Director of Safety Services
b. Motion to approve the following:
Cigarette Permit Application
1. Kwik Stop, 4335 Texas Street
Fireworks Display Application
2. Waterloo Bucks, 850 Park Road, July 2, 2014
3. Beer/ Liquor License Permit Application
Iry Warren Golf Course, 1000 Fletcher Ave., Class B Beer (Premise Update)
(Expires 6/ 14/ 14)
4. Bonds
RESOLUTIONS
2. Resolution approving the sale of two (2) city owned corn cribs located at
4012 Leversee Road to Brad Renner of rural New Hartford for $200.00.
Submitted by Noel Anderson, Community Planning & Development Director
3. Resolution approving a variance to the requirements of the Subdivision
Ordinance in Section 2.3 (1) Final Plat Submittal, Section 5.1 Preliminary
Plat requirements, and Section 5.2 Final Plat requirements for Silas
Klingaman Addition.
Submitted by Noel Anderson, Community Planning & Development Director
May 19, 2014 Page 4
4. Resolution approving request by Ekho Ridge Condos, L.C. for the
Preliminary and Final Plat of Silas Klingaman Addition, located at the
southwest corner of West Fourth Street and Ranchero Road.
Submitted by Noel Anderson, Community Planning & Development Director
5. Resolution approving the Professional Services Agreement with JDE
Engineering of Waterloo, Iowa, in an amount not to exceed $52,750.00 for
design services for the F. Y. 2015 Geraldine Road - Phase III, Contract No.
871; and authorize Mayor to execute said document.
Submitted by Jeff bales, Associate Engineer
6. Resolution approving Construction Plans for Private Sanitary Sewer
Serving Kinsale Addition, as submitted by Brain Engineering, Inc. of
Cedar Rapids, Iowa; and Sewage Treatment Agreement DNR Form 29 (Nov
00) with the Department of Natural Resources and the final acceptance of
construction plans subject to the review and acceptance by the DNR; and
authorize Mayor to execute said document.
Submitted by Dennis Gentz, P.E., Assistant City Engineer
7. Resolution approving Amendment No. 16 to Contract Number 08-DRH-211
with the Iowa Economic Development Authority (IEDA) for the Disaster
Recovery Business Assistance Programs by decreasing the total award
amount from $2,115,662.00 to $1,833,263.00 as of April 28, 2014; and
authorize Mayor to execute said document.
Rudy Jones, Community Development Director
8. Resolution approving Amendment No. 17 to Contract Number 08-DRH-011
with the Iowa Economic Development Authority (IEDA) for the Disaster
Recovery Business Assistance Programs by decreasing the total award
amount from $3,029,809.00 to $2,942,363.00 for Round 4 Single Family
New Construction; and authorize Mayor to execute said document.
Rudy Jones, Community Development Director
9. Resolution approving the Professional Service Agreement with AECOM of
Waterloo, Iowa, in the amount of $63,200.00 for engineering services for
the CIP Pipe Lining Project, Contract No. 866; and authorize Mayor to
execute said document.
Submitted by Larry Smith, Superintendent Waste Management Services
10. Resolution approving the Official Statement for the spring 2014 bond
sales.
Submitted by Michelle Weidner, Chief Financial Officer
May 19, 2014 Page 5
ORDINANCES
11. An Ordinance amending the 2007 Code of Ordinances of the City of
Waterloo, Iowa, by amending Chapter 4 Storm Water Management
Program.
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 striking in its entirety Article B, Construction
Site Erosion and Sediment Control, of Chapter 4, Storm Water
Management Program, of Title 8, Public Utilities, and by substituting
therefore a new Article B.
Submitted by Phillip Schuppert, Stormwater Specialist
OTHER COUNCIL BUSINESS
12. Wireless Communication Services
Motion to instruct City Clerk to prepare specifications, bid document, etc.
Motion to receive and file specifications, bid document, etc.
Resolution preliminarily approving specifications, bid document, etc.
Resolution setting date of bid opening as June 5, 2014 and public hearing
as June 9, 2014; and instruct City Clerk to publish notice of
specifications, bid document, etc. and taking of bids.
Submitted by Suzy Schares, City Clerk
13. FYE 15 Police Vehicle Equipment Installation and Equipment
Motion to instruct Director of Safety Services to prepare specifications,
bid document, etc.
Motion to receive and file specifications, bid document, etc.
Resolution preliminarily approving specifications, bid document, etc.
Resolution setting date of bid opening as June 19, 2014 and public
hearing as June 23, 2014; and instruct City Clerk to publish notice of
specifications, bid document, etc. and taking of bids.
Submitted by Dan Trelka, Director of Safety Services
ORAL PRESENTATIONS
Motion to receive and file oral comments.
ADJOURNMENT
Motion to adjourn.
Suzy Schares, CMC
City Clerk/Human Resource Director
May 19,2014 Page6
MEETINGS
Monday, May 19, 2014
4:35 p.m. - Council Work Session, Law Court Theater
5:05 p.m. - Finance Committee, Law Court Theater
PUBLIC INFORMATION
1. Communication from Police Department on the resignation of employment of
Andrew Naumann, effective April 25, 2014 with recommendation of approval of
payout of $17,226.14 for unused benefits.
CONTRACT PAYMENT SCHEDULE
1. University Ave./ US 63 to W'loo City Limits, Evaluation of Proposed Transfer of
Jurisdiction
Pay estimate to AECOM in the total amount due of $18,977.73
2. Fourth Street CRS Bridge & Wall Repair, Contract No. 855
Pay estimate No. 2 to AECOM in the total amount due of $6,314.32
3. US Hwu 63 (Newell to Donald), Post Design Services, Contract No. 790
Pay estimate No. 14 to AECOM in the total amount due of $1,937.28
4. Drainage way for Virden Creek Tributary
Pay estimate 5 to Ament, Inc. in the total amount due of $3,242.50
5. US Hwu 63 Franklin/ Newell Corridor, Enhancements NHSX-063-6(75)-3H-07
Pay estimate No. 3 to Ritland+Kuiper in the total amount due of $3,102.50
May 12, 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, May 12, 2014.
Mayor Ernest G. Clark in the Chair. Roll Call: Cole, Schmitt, Lind, Morrissey, Welper,
Hart. Absent: Jones.
Moment of Silence.
Pledge of Allegiance: Rudy Jones, Community Development Director.
142728 - Hart/Schmitt
that the Agenda, as amended adding a proclamation for Adolescent Pregnancy
Prevention Month, for the Regular Session on Monday, May 12, 2014, at 5:30 p.m.,
be accepted and approved. Voice vote -Ayes: Six. Motion carried.
142729 - Hart/Schmitt
that the Minutes, as proposed, for the Regular Session on Monday, May 5, 2014,
at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Six. Motion carried.
Mayor Clark read a Proclamation declaring May 11-17, 2014 as National Police
Week and May 14, 2014, as Peace Officer's Memorial Day.
Mayor Clark read a Proclamation declaring May 2014 as Adolescent Pregnancy
Prevention Month.
CONSENT AGENDA
142730 - 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 May
12, 2014, in the amount of $1,177,704.62, 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. 2014-345.
2. Request of WMT Radio to hold annual WMT Tractorcade event on June 9-11,
2014. Each day tractors will leave Cattle Congress and exit the city on
an approved route traveling through surrounding counties and return to
Cattle Congress each evening.
Resolution adopted and upon approval by Mayor assigned No. 2014-346.
3. Request to certify the following assessments to properties for work
performed by the Water Works, together with recommendation of approval of
Board of Water Works Trustees:
Address and amount to certify:
403 Bratnober Street - $2,400.00
Resolution adopted and upon approval by Mayor assigned No. 2014-347.
4. Request of Full House Productions, LLC dba Spicoli's Bar for a variance to
the Noise Ordinance on Friday May 23rd & Saturday May 24th 2014 from 5:00
p.m. to 10:00 p.m. in conjunction with Cornstock event to be held in
parking lot of Spicoli's Bar, 3555 University Avenue, including a band and
the use of a PA system, together with recommendation of approval of
Director of Safety Services.
Resolution adopted and upon approval by Mayor assigned No. 2014-348.
b. Motion to approve the following:
1.
Travel Requests
Name & Title of
Amount
Personnel
Class/Meeting
Destination
Date(s)
not to
exceed
Tim Andera &
Basic ArcGIS
Cedar Falls,
05/14/14-
$454.00
Adrienne Voelker,
Associate Planners
Training
Workshop
IA
05/15/14
May 12, 2014
2.
3.
4.
5.
Page 2
Wayne Castle, Assoc.
Eng., Ryan Shatek,
Eng. Tech, Phil
Schuppert, StrmWtr
Spec., and Ben
Wagner, Draftsperson
Basic ArcGIS
Training
Workshop
Cedar Falls,
IA
05/14/14-
05/15/14
$908.00
Craig Hintzman,
Basic ArcGIS
UNI - Cedar
05/14/14-
$788.00
Signal Tech II;
Training
Falls, IA
05/15/14
Amended
Brandon Hodgin,
Signal Tech I;
Workshop
from
4/28/14
Jeremiah Luck,
Equipment Operator,
and Scott Krozek,
Equipment Operator
Mark Brandes, CMOM
Basic ArcGIS
UNI -Cedar
05/14/14-
$394.00
Specialist and Laura
Two Day
Falls, IA
05/15/14
Amended
Wolff, Clerk I
Training
from
Workshop
4/28/14
Inv. Hesse & Officer
Protection -
Ames, IA
05/19/14-
$295.00
Stratton
Our Children
05/20/14
- Train the
Trainer
6. Recommendation of appointment of Ben Rendall, from the Civil Service
list, to the position of Graphic Designer/Digital Arts Manager at the
Waterloo Center for the Arts effective May 19, 2014.
7. Recommendation of appointment of Mark Tink to the Plumbing Board, with
term expiration of March 1, 2016.
Vehicle For Hire Business License Application
8. Curt's Cab & Services, LLC, 1711 W. Paul Street, Iona, IA
9. Grand Taxi Shuttle Service, 732 Hope Ave.
Fireworks Display Application
10. Waterloo Bucks, 850 Park Road (May 28, June 14, June 21, July 4, July 12,
July 19, August 2, and August 6).
11. American Cancer Society, 2709 University Ave., June 20, 2014.
12. Bonds
Roll call vote -Ayes: Six. Motion carried.
PUBLIC HEARINGS
142731 - Schmitt/Welper
Re -open the public hearing on request for Proposals for Asbestos Abatement
Services for the following properties: 3137 Independence Avenue, 2375
Independence Avenue, 4012 Leversee Road, and 425 Almond Street (continued from
May 5, 2014). Voice vote -Ayes: Six. Motion carried.
This being the time and place of public hearing, the Mayor called for written
and oral objections and there were none.
142732 - Schmitt/Welper
that the hearing be closed. Voice vote -Ayes: Six. Motion carried.
142733 - Schmitt/Welper
that "Resolution confirming approval of plans, specifications, bid documents,
etc. in conjunction with request for Proposals for Asbestos Abatement Services
for the following properties: 3137 Independence Avenue, 2375 Independence
Avenue, 4012 Leversee Road, and 425 Almond Street, be adopted. Roll call vote -
Ayes: Six.
Resolution adopted and upon approval by Mayor assigned No. 2014-349.
142734 - Schmitt/Welper
that "Resolution ordering construction in conjunction with request for Proposals
for Asbestos Abatement Services for the following properties: 3137 Independence
Avenue, 2375 Independence Avenue, 4012 Leversee Road, and 425 Almond Street", be
adopted. Roll call vote -Ayes: Six.
Resolution adopted and upon approval by Mayor assigned No. 2014-350.
May 12, 2014
142735 - Schmitt/Welper
Page 3
to receive and file and instruct City Clerk to open and read bids and refer to
Community Planning & Development Director for review:
Bidder
Bid Security
Bid Amount
AAA Budget Environmental, Inc.
1900 Walnut St.
Cedar Falls, IA 50613
5%
$12,905.00
Active Thermal Concepts
2805 Stonegate Ct.
Hiawatha, IA 52233
5%
$15,695.00
Advanced Environmental
803 Ricker Street
Waterloo, IA 50703
5%
$8,388.00
New Horizons Enterprises, LLC
P.O. Box 681183
Kansas City, MO 64168-1183
5%
$26,000.00
142736 - Welper/Hart
that proof of publication of notice of public hearing on Acquisition or
condemnation of agricultural properties required for the Virden Creek Drainage
Project, as published in the Waterloo Courier on May 1, 2014, be received and
placed on file. Voice vote -Ayes: Six. Motion carried.
This being the time and place of public hearing, the Mayor called for written
and oral objections.
Allen Alcorn, 7016 Dysart Road, spoke in opposition to the proposal for the
creek.
Eric Thorson, City Engineer, gave an overview of the project. The study done
many years ago creates a drainage way that contributes to the Virden Creek.
Mr. Morrissey questioned if Virden Creek will be cleaned out.
Larry Smith, Waste Management Superintendent, explained that there are no plans
to clean the creek. The lift station project was just completed.
Mayor Clark asked that the project be looked at.
142737 - Welper/Hart
that the hearing be closed and oral and written comments be received and placed
on file. Voice vote -Ayes: Six. Motion carried.
142738 - Welper/Hart
that "Resolution to establish the amount of just compensation for certain
properties to be acquired as part of the Virden Creek Drainage Project and
authorize the use of condemnation procedures", be adopted. Roll call vote -Ayes:
Six.
Resolution adopted and upon approval by Mayor assigned No. 2014-351.
142739 - Hart/Welper
that proof of publication of notice of public hearing on the issuance of ECP -1 -
not to exceed $8,000,000 General Obligation Bonds for essential corporate
purposes, as published in the Waterloo Courier on April 29, 2014, be received
and placed on file. Voice vote -Ayes: Six. Motion carried.
This being the time and place of public hearing, the Mayor called for written
and oral objections.
John Sherbon, 1715 Robin Road, spoke in opposition to the bonds being used for
small projects.
David Dryer, 3145 W. 4th Street, spoke in opposition to bonding for projects.
142740 - Hart/Welper
that the hearing be closed and oral and written comments be received and placed
on file. Voice vote -Ayes: Six. Motion carried.
May 12, 2014 Page 4
142741 - Hart/Welper
that "Resolution to institute proceedings to take additional action of issuance
of ECP -1 - not to exceed $8,000,000 General Obligation Bonds for essential
corporate purposes", be adopted. Roll call vote. Ayes: Six
Resolution adopted and upon approval by Mayor assigned No. 2014-352.
142742 - Hart/Welper
that proof of publication of notice of public hearing on the issuance of ECP -2 -
not to exceed $1,700,000 General Obligation Bonds (Urban Renewal) for essential
urban renewal purposes, as published in the Waterloo Courier on April 29, 2014,
be received and placed on file. Voice vote -Ayes: Six. Motion carried.
This being the time and place of public hearing, the Mayor called for written
and oral objections.
142743 - Hart/Welper
that the hearing be closed and oral and written comments be received and placed
on file. Voice vote -Ayes: Six. Motion carried.
142744 - Hart/Welper
that "Resolution to institute proceedings to take additional action of issuance
of ECP -2 - not to exceed $1,700,000 General Obligation Bonds (Urban Renewal) for
essential urban renewal purposes", be adopted. Roll call vote. Ayes: Six.
Resolution adopted and upon approval by Mayor assigned No. 2014-353.
142745 - Hart/Welper
that proof of publication of notice of public hearing on the issuance of ECP -3 -
not to exceed $12,900,000 General Obligation Bonds (Refunding) for essential
corporate purposes, as published in the Waterloo Courier on April 29, 2014, be
received and placed on file. Voice vote -Ayes: Six. Motion carried.
This being the time and place of public hearing, the Mayor called for written
and oral objections.
142746 - Hart/Welper
that the hearing be closed and oral and written comments be received and placed
on file. Voice vote -Ayes: Six. Motion carried.
142747 - Hart/Welper
that "Resolution to institute proceedings to take additional action of issuance
of ECP -3 - not to exceed $12,900,000 General Obligation Bonds (Refunding) for
essential corporate purposes", be adopted. Roll call vote. Ayes: Six.
Resolution adopted and upon approval by Mayor assigned No. 2014-354.
142748 - Hart/Morrissey
that proof of publication of notice of public hearing on the issuance of GCP-1 -
Not to exceed $700,000 General Obligation Bonds for general corporate purposes,
as published in the Waterloo Courier on April 29, 2014, be received and placed
on file. Voice vote -Ayes: Six. Motion carried.
This being the time and place of public hearing, the Mayor called for written
and oral objections.
Michelle Weidner, Chief Financial Officer, gave an overview of the bonds being
sold tonight.
142749 - Hart/Schmitt
that the hearing be closed and oral and written comments be received and placed
on file. Voice vote -Ayes: Six. Motion carried.
142750 - Hart/Schmitt
that "Resolution to institute proceedings to take additional action of issuance
of GCP-1 - Not to exceed $700,000 General Obligation Bonds for general corporate
purposes", be adopted. Roll call vote. Ayes: Six.
Resolution adopted and upon approval by Mayor assigned No. 2014-355.
May 12, 2014 Page 5
142751 - Hart/Morrissey
that proof of publication of notice of public hearing on the issuance of GCP-2 -
Not to exceed $700,000 General Obligation Bonds for general corporate purposes,
as published in the Waterloo Courier on April 29, 2014, be received and placed
on file. Voice vote -Ayes: Six. Motion carried.
This being the time and place of public hearing, the Mayor called for written
and oral objections.
142752 - Hart/Schmitt
that the hearing be closed and oral and written comments be received and placed
on file. Voice vote -Ayes: Six. Motion carried.
142753 - Hart/Schmitt
that `Resolution to institute proceedings to take additional action of issuance
of GCP-2 - Not to exceed $700,000 General Obligation Bonds for general corporate
purposes", be adopted. Roll call vote -Ayes: Six.
Resolution adopted and upon approval by Mayor assigned No. 2014-356.
142754 - Hart/Morrissey
that proof of publication of notice of public hearing on the issuance of GCP-3 -
Not to exceed $700,000 General Obligation Bonds for general corporate purposes,
as published in the Waterloo Courier on April 29, 2014, be received and placed
on file. Voice vote -Ayes: Six. Motion carried.
This being the time and place of public hearing, the Mayor called for written
and oral objections.
142755 - Hart/Schmitt
that the hearing be closed and oral and written comments be received and placed
on file. Voice vote -Ayes: Six. Motion carried.
142756 - Hart/Schmitt
that "Resolution to institute proceedings to take additional action of issuance
of GCP-3 - Not to exceed $700,000 General Obligation Bonds for general corporate
purposes", be adopted. Roll call vote -Ayes: Six.
Resolution adopted and upon approval by Mayor assigned No. 2014-357.
142757 - Hart/Morrissey
that proof of publication of notice of public hearing on the issuance of GCP-4 -
Not to exceed $700,000 General Obligation Bonds for general corporate purposes,
as published in the Waterloo Courier on April 29, 2014, be received and placed
on file. Voice vote -Ayes: Six. Motion carried.
This being the time and place of public hearing, the Mayor called for written
and oral objections.
142758 - Hart/Schmitt
that the hearing be closed and oral and written comments be received and placed
on file. Voice vote -Ayes: Six. Motion carried.
142759 - Hart/Schmitt
that "Resolution to institute proceedings to take additional action of issuance
of GCP-4 - Not to exceed $700,000 General Obligation Bonds for general corporate
purposes", be adopted. Roll call vote -Ayes: Six.
Resolution adopted and upon approval by Mayor assigned No. 2014-358.
142760 - Cole/Schmitt
that proof of publication of notice of public hearing on F.Y. 2014 Kimball
Avenue Transportation Improvements Project, Contract No. 843, as published in
the Waterloo Courier on May 6, 2014, be received and placed on file. Voice
vote -Ayes: Six. Motion carried.
This being the time and place of public hearing, the Mayor called for and there
were none.
May 12, 2014
142761 - Cole/Schmitt
that the hearing be closed. Voice vote -Ayes: Six. Motion carried.
142762 - Cole/Schmitt
Page 6
that "Resolution confirming approval of plans, specifications, form of contract,
etc. for the F.Y. 2014 Kimball Avenue Transportation Improvements Project,
Contract No. 843", be adopted. Roll call vote. Ayes: Six.
Resolution adopted and upon approval by Mayor assigned No. 2014-359.
142762A- Cole/Schmitt
that "Resolution ordering construction in conjunction with the F.Y. 2014 Kimball
Avenue Transportation Improvements Project, Contract No. 843", be adopted. Roll
call vote. Ayes: Six.
Resolution adopted and upon approval by Mayor assigned No. 2014-359A.
142763 - Cole/Schmitt
that "Resolution approving award of Contract to Cedar Valley Corp., LLC of
Waterloo, Iowa in the amount of $5,914,306.72; and approving the Contract,
Bonds, and Certificate of Insurance for the F.Y. 2014 Kimball Avenue
Transportation Improvements STP -U-8155(731-70-07), Contract No. 843; and
authorize Mayor and City Clerk to execute said documents", be adopted. Roll
call vote. Ayes: Six.
Resolution adopted and upon approval by Mayor assigned No. 2014-360.
RESOLUTIONS
142764 - Morrissey/Hart
that "Resolution approving Agreement with Iowa Department of Transportation for
a Revitalize Iowa's Sound Economy Program (RISE) Project Agreement in the amount
of $359,115.00 and the local match is fifty (50%), for the development of
approximately 1,394 feet of Geraldine Road that will extend the existing road to
tie into Airline Highway; and authorize Mayor and City Clerk to execute said
document", be adopted. Roll call vote -Ayes: Six.
Resolution adopted and upon approval by Mayor assigned No. 2014-361.
142765 - Morrissey/Hart
that "Resolution approving the Professional Service Agreement with AECOM
Technical Services of Waterloo, Iowa, in an amount not to exceed $16,700.00 for
design services for the F.Y. 2013 Blowers Creek Storm Water Lift Station and Dry
Run Creek Improvements, Contract No. 842; and authorize Mayor and City Clerk to
execute said document", be adopted. Roll call vote -Ayes: Six.
Resolution adopted and upon approval by Mayor assigned No. 2014-362.
142766 - Morrissey/Hart
that "Resolution approving the retainer of John Hall and Associates in the
amount not to exceed $50,000.00, for purposes of assisting the City in the
handling of EPA/DNR related matters", be adopted. Roll call vote -Ayes: Six.
Resolution adopted and upon approval by Mayor assigned No. 2014-363.
142767 - Schmitt/Cole
that "Resolution approving School Resource Officers' Agreement with Waterloo
Community School District in the amount of $250,000.00 for providing the
assignment of six (6) police officers within the school district for one year;
and authorize Mayor and City Clerk to execute same", be adopted. Roll call
vote -Ayes: Six.
Mr. Schmitt clarified that the schools will pay the City for these positions.
Resolution adopted and upon approval by Mayor assigned No. 2014-364.
142768 - Schmitt/Cole
that "Resolution approving Agreement with Department of Justice Office of
Justice Programs for Edward Byrne Memorial Justice Grant (JAG) Program in the
amount of $60,271.00, with no required cash match, to be used for funding of a
May 12, 2014 Page 7
joint effort by the jurisdictions of the City of Waterloo, City of Cedar Falls,
Black Hawk County Sheriff's Office and the Black Hawk County Attorney's Office
from October 1, 2014 through September 30, 2017", be adopted. Roll call vote -
Ayes: Six.
Resolution adopted and upon approval by Mayor assigned No. 2014-365.
142769 - Schmitt/Cole
that "Resolution approving award of bid to Traffic Control Corporation (TCC) of
Ankeny, IA in the amount of $32,625.00; and authorize purchasing the product in
conjunction with Video Detection Cameras for I-380 Ramps at San Marnan Drive and
I-380 at Mitchell Avenue", be adopted. Roll call vote -Ayes: Six.
Resolution adopted and upon approval by Mayor assigned No. 2014-366.
142770 - Cole/Schmitt
that "Resolution approving Bond Counsel Engagement Agreement with Ahlers &
Cooney, P.C. of Des Moines, Iowa; and authorize Mayor to execute said document",
be adopted. Roll call vote -Ayes: Six.
Resolution adopted and upon approval by Mayor assigned No. 2014-367.
142771 - Cole/Schmitt
that "Resolution directing the advertisement for sale of $10,080,000.00 General
Obligation Bonds, Series 2014A; setting the sale date as June 4, 2014 and
approving electronic bidding procedures for the sales", be adopted. Roll call
vote -Ayes: Six.
Resolution adopted and upon approval by Mayor assigned No. 2014-368.
142772 - Cole/Schmitt
that "Resolution directing the advertisement for sale of $5,015,000.00 Taxable
General Obligation Bonds, Series 2014B; setting the sale date as June 4, 2014
and approving electronic bidding procedures for the sales", be adopted. Roll
call vote -Ayes: Six.
Resolution adopted and upon approval by Mayor assigned No. 2014-369.
142773 - Cole/Schmitt
that "Resolution directing the advertisement for sale of $8,760,000.00 General
Obligation Refunding Bonds, Series 2014C; setting the sale date as June 4, 2014
and approving electronic bidding procedures for the sales", be adopted. Roll
call vote -Ayes: Six.
Resolution adopted and upon approval by Mayor assigned No. 2014-370.
142774 - Hart/Schmitt
that "Resolution approving the TechWorks Campus Grant Escrow Agreement with
Cedar Valley TechWorks, Inc., Deere & company, FDP WTC, LLC and Bankers Trust
Company; and authorize Mayor and City Clerk to execute said documents", be
adopted. Roll call vote -Ayes: Six.
Michelle Weidner, Chief Financial Officer, gave an overview of the agreement.
Resolution adopted and upon approval by Mayor assigned No. 2014-371.
142775 - Hart/Schmitt
that "Resolution approving Real Estate Purchase Agreement with Mygene Carr for
the acquisition and purchase of 929 Linden Avenue in the amount of $32,920.00;
and authorize Mayor and City Clerk to execute said document", be adopted. Roll
call vote -Ayes: Six.
Resolution adopted and upon approval by Mayor assigned No. 2014-372.
142776 - Hart/Schmitt
that "Resolution to approve and accept certain Temporary Easement Contract with
Amir and Mirela Husic (105 Park Lane) to allow for roadway improvements to
Kimball Avenue between Tower Park Drive and Acadia Street, IDOT# STP -U-
8155(731)-70-07", be adopted. Roll call vote -Ayes: Six.
Resolution adopted and upon approval by Mayor assigned No. 2014-373.
May 12, 2014 Page 8
142777 - Morrissey/Hart
that "Resolution setting date of hearing as May 27, 2014 to approve request of
Rooff Development of Waterloo, Iowa to rezone approximately 0.413 acres from "C-
2" Commercial to "C-3" Commercial District to allow for the construction of
eight (8) "Brownstone" Style condominiums at the corner of East 3rd Street and
Lafayette Street; and instruct City Clerk to publish notice", be adopted. Roll
call vote -Ayes: Six.
Mr. Schmitt questioned the number of brownstones on this project and whether a
privacy wall will be built.
Noel Anderson, Community Planning and Development Director, explained that there
have been revisions to the site plan. There is a privacy fence proposed.
Mr. Hart questioned if the development agreement needs to be redone and it does
not.
Resolution adopted and upon approval by Mayor assigned No. 2014-374.
142778 - Morrissey/Hart
that "Resolution setting date of hearing as May 27, 2014 to approve request of
City of Waterloo to rezone 3.24 acres from "M-1" Light Industrial District to
"C -P" Planned Commercial District, located at the intersection of West Jefferson
Street and US Highway 63, formerly known as the Grand Hotel site; and instruct
City Clerk to publish notice", be adopted. Roll call vote -Ayes: Six.
Resolution adopted and upon approval by Mayor assigned No. 2014-375.
142779 - Morrissey/Hart
that "Resolution setting date of hearing as May 27, 2014 to approve request of
Candeo Church of Waterloo for a site plan amendment to the "B -P" Business Park
District, to allow for the establishment of a new church facility and for the
construction of a new parking lot for the church facility, located at 3211 Titan
Trail; and instruct City Clerk to publish notice", be adopted. Roll call vote -
Ayes: Six.
Mr. Schmitt questioned the refund of tax incentives from Craft Cochran.
Noel Anderson, Community Planning and Development Director, explained the
proposal and explained that the grant funds will be refunded to the City. The
Church's goal is to be in this building for three to five years.
Resolution adopted and upon approval by Mayor assigned No. 2014-376.
142780 - Cole/Schmitt
that "Resolution setting date of hearing as May 27, 2014 to approve request of
Corstang Enterprises, LLC of Waterloo for a site plan amendment to the "B -P"
Business Park District, to allow for the construction of a new 10,800 SF
commercial building located at the northeast corner of Cyclone Drive and Titan
Trail; and instruct City Clerk to publish notice", be adopted. Roll call vote -
Ayes: Six.
Mr. Lind clarified that the sidewalk will be completed.
Resolution adopted and upon approval by Mayor assigned No. 2014-377.
142781 - Cole/Schmitt
that "Resolution approving the Release of Development Obligations between the
City of Waterloo and Corstang Enterprises, LLC, in the amount of $196,020.00 for
3211 Titan Trail (Craft Cochran); and authorize Mayor and City Clerk to execute
said document", be adopted. Roll call vote -Ayes: Six.
Resolution adopted and upon approval by Mayor assigned No. 2014-378.
142782 - Cole/Schmitt
that "Resolution setting date of hearing as May 27, 2014 to enter into
Development Agreement between the City of Waterloo and Eagles Wings 2, LLC for
the construction of a 10,000 SF industrial building east of 2366 Newell Street,
and authorize the sale and conveyance of Lot 4 of the Northeast Industrial Park
Plat No. 1; and instruct City Clerk to publish notice", be adopted. Roll call
vote -Ayes: Six.
Resolution adopted and upon approval by Mayor assigned No. 2014-379.
May 12, 2014
142783 - Schmitt/Cole
Page 9
that "Resolution approving Second Amendment to Development Agreement with
Tournier Manufacturing, Inc. for the building at 2710 Wagner Road - altering the
rebate schedule to reflect a Minimum Value of $400,000.00 for Years One, Two,
and Three; and authorize Mayor to execute said documents.", be adopted. Roll
call vote -Ayes: Six.
Resolution adopted and upon approval by Mayor assigned No. 2014-380.
142784 - Schmitt/Cole
that "Resolution setting date of bid opening as May 29, 2014 and public hearing
as June 2, 2014 to approve the sale of a 657A property located at 322 Crescent
Place; and instruct City Clerk to publish said notice", be adopted. Roll call
vote -Ayes: Six.
Resolution adopted and upon approval by Mayor assigned No. 2014-381.
142785 - Schmitt/Cole
that "Resolution setting date of bid opening as June 5, 2014 and public hearing
as June 9, 2014 to approve the sale of a 657A property located at 1423 Hawthorne
Street; and instruct City Clerk to publish said notice", be adopted. Roll call
vote -Ayes: Six.
Resolution adopted and upon approval by Mayor assigned No. 2014-382.
ORDINANCES
142786 - Welper/Hart
that "an Ordinance amending the 2007 Code of Ordinances of the City of Waterloo,
Iowa, by striking in its entirety Article B, Construction site Erosion and
Sediment control, of Chapter 4, Storm Water Management Program, of Title 8,
Public Utilities, and by substituting therefore a new Article B", be received,
placed on file, considered and passed for the second time. Roll call vote -Ayes:
Six. Motion carried.
142787 - Welper/Hart
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). Motion failed.
142788 - Schmitt/Hart
that "an Ordinance amending the 2008 Traffic Code by creating a new Section,
namely Section 564A. Two hour parking, 8:00 a.m. to 6:00 p.m., Monday through
Friday on the Northeast side of 300 block of Lafayette Street", be received,
placed on file, considered and passed for the first time. Roll call vote -Ayes:
Six. Motion carried.
Mayor Clark reported that the meters were removed due to lack of use.
142789 - Hart/Morrissey
that rules requiring ordinances to be considered and voted for passage at two
prior meetings be suspended. Roll call vote -Ayes: Six. Motion carried.
142790 - Hart/Morrissey
that "an Ordinance amending the 2008 Traffic Code by creating a new Section,
namely Section 564A. Two hour parking, 8:00 a.m. to 6:00 p.m., Monday through
Friday on the Northeast side of 300 block of Lafayette Street", be considered
and passed for the second and third times and adopted. Roll call vote -Ayes:
Six.
Ordinance adopted and upon approval by Mayor assigned No. 5216.
142791 - Hart/Cole
that "an Ordinance amending the 2008 Traffic Code by repealing subsection (193)
Jefferson Street of Section 551, parking prohibited at all times on certain
streets; and enacting in lieu thereof new Subsection (193) Jefferson Street of
Section 551, parking prohibited at all times on certain streets", be received,
placed on file, considered and passed for the first time. Roll call vote -Ayes:
Six. Motion carried.
May 12, 2014 Page 10
142792 - Hart/Morrissey
that rules requiring ordinances to be considered and voted for passage at two
prior meetings be suspended. Roll call vote -Ayes: Six. Motion carried.
142793 - Hart/Morrissey
that "an Ordinance amending the 2008 Traffic Code by repealing subsection (193)
Jefferson Street of Section 551, parking prohibited at all times on certain
streets; and enacting in lieu thereof "new Subsection (193) Jefferson Street of
Section 551, parking prohibited at all times on certain streets", be considered
and passed for the second and third times and adopted. Roll call vote -Ayes:
Six.
Ordinance adopted and upon approval by Mayor assigned No. 5217.
ORAL PRESENTATIONS
Jim Chapman, 224 Bertch, spoke in support of Council asking questions regarding
Animal Control.
Randy Herod, 111 Highland Blvd., read an email into record between Anita Bell,
President CBHS Board of Directors, Cedar Bend Humane Society and Carolyn Cole.
Greg Tagtow, 111 Kelly Court, spoke in support of Mike Guild.
Scott and Carol Schumacher, requested to purchase 657A properties and invited
Council to tour their current rental property.
142794 - Hart/Schmitt
that the above oral comments be received and placed on file. Voice vote -Ayes:
Six. Motion carried.
ADJOURNMENT
142795 - Hart/Schmitt
that the Council adjourn at 6:45 p.m. Voice vote -Ayes: Six. Motion carried.
Suzy Schares, CMC
City Clerk/Human Resource Director
May 13, 2014
The Council of the City of Waterloo, Iowa, met in Special Session via email on Tuesday,
May 13, 2014. Roll Call: Hart, Cole, Schmitt, Welper, and Lind.
142795 - Hart/Cole
that the Agenda, as proposed, for the Special Session on Tuesday, May 13, 2014,
be accepted and approved. Voice vote -Ayes: Five. Motion carried.
142796 - Hart/Cole
that copies of Call for the Special Session on Tuesday, May 13, 2014, be
received and placed on file. Voice vote -Ayes: Five. Motion carried.
142797 - Hart/Cole
that "Resolution approving request for temporary stop sign on Blowers Street at
Wyoming Street", be adopted and Mayor authorized to execute same. Roll call
vote -Ayes: Five.
Resolution adopted and upon approval by Mayor assigned No. 2014-383.
ADJOURNMENT
142798 - Hart/Cole
that the Council adjourn at 12:00 Noon Voice vote -Ayes: Five. Motion carried.
Suzy Schares, CMC
City Clerk/Human Resource Director
CITY OF WATERLOO
Council Communication
City Council Meeting: May 19, 2014
Prepared: May 13, 2014
Dept. Head Signature:
# of Attachments: 1 �J
SUBJECT: Proclamation: May 19-23, 2014, as Senior Corps Week.
Submitted by: Mayor Clark
Recommended City Council Action:
Summary Statement
Expenditure Required
Source of Funds
Policy Issue
Alternative
Background Information:
CITY OF WATERLOO
Council Communication
City Council Meeting: May 19, 2014
Prepared: May 13, 2014
Dept. Head Signature:
# of Attachments: 1
SUBJECT:
Submitted by:
Proclamation: May 18-24, 2014, as Emergency Medical Services
Week.
Mayor Clark
Recommended City Council Action:
Summary Statement
Expenditure Required
Source of Funds
Policy Issue
Alternative
Background Information:
CITY OF WATERLOO, IOWA
PftOCI.i4MATION
WHEREAS, older Americans bring a lifetime . of skills and experience as parents,
workers, and citizens that can be tapped to meet challenges in our
communities; and
WHEREAS, for more than four decades Senior Corps' three programs—RSVP,
Senior Companions, and Foster Grandparents—have proven to be a
highly effective way to engage Americans ages 55 and over; and
WHEREAS, 330,000 national volunteers, including 369 Black Hawk, Buchanan, and
Fayette county volunteers, provided more than 82 million hours of
service to our most vulnerable citizens while meeting national and
community needs; and
Wit S, Senior Corps volunteers build capacity of organizations and
communities by serving through more than 65,000 nonprofit,
community, educational, and faith -based community groups
nationwide; and
WHEREAS, at a time of mounting social needs and growing interest in service by
older Americans, there is an unprecedented opportunity to harness the
talents of volunteers 55 and older to address community challenges; and
WHEREAS, the service by older Americans helps those volunteers be active, healthy
and engaged in their communities and helps nationally by saving
taxpayer dollars, reducing healthcare costs and strengthening our
democracy; and
WHEREAS, the fifth annual Senior Corps Week, May 19-23, 2014, is an opportunity
to thank Senior Corps volunteers for their service and recognize their
positive impact and value to our communities and nation.
NOW, THEREFORE, 1, Buck Clark, Mayor of the City of Waterloo, Iowa, do hereby
proclaim May 19 – 23, 2014, as
smog COBS WEEK
and urge all citizens to recognize Senior Corps volunteers and programs for their valuable
impact on our communities during this fifth anniversary of Senior Corps Week.
IN iJ1'NESS WHEREOF, I, Mayor Buck Clark, hereby subscribe my name this 19th
day of May 2014.
ATTEST:
Suzy Sc cares
City Clerk
C
uck Clark
Mayor
CITY OF WATERLOO, IOWA
PROCLAMATION
itiTHEREAS, emergency medical service is a vital public service; and
WHEREAS, access to quality emergency medical care dramatically improves the
survival and recovery rate of those who experience sudden illness or
injury; and
WHEREAS, a third of Americans rate their households as being "very well
prepared" for a medical emergency and emergency medical service
providers have traditionally served as a safety net of America's health
care; and
HEREAS, emergency medical service teams consist of emergency medical
physicians, emergency nurses, emergency medical technicians,
paramedics, fire fighters, educators, administrators, and others and
approximately two-thirds of all medical service providers are
volunteers; and
WHEREAS, the members of emergency medical teams, whether career or volunteer,
engage in thousands of hours of specialized training and continuing
education to enhance their lifesaving skills.
NOW, THEREFORE, BE IT RESOLVED that I, Buck Clark, Mayor of the City of
Waterloo, Iowa, do hereby proclaim the week of May 18 — 24, 2014, as
EMERGENCY MEDICAL SERVICES WEEK
in Waterloo, Iowa, and that we appreciate and commend our Emergency Medical Services
personnel and their special role in alleviating the misfortunes of our citizens in need.
IN WITNESS WHEREOF, I hereunto have set my hand and caused the Official Seal of
the City of Waterloo, Iowa to be affixed this 19th day of May 2014.
ATTEST:
Suzy Sch{res
City Clerk
IMIIM MM. /NM
Buck Clark
Mayor
CITY OF WATERLOO
Council Communication
City Council Meeting: May 19, 2014
Prepared: May 5, 2014
Dept. Head Signature: ce °u _
# of Attachments: 1
SUBJECT: Proclamation: May 6 KOKZ 105.7 Fourth Street Cruise Day
Submitted by: Mayor Clark
Recommended City Council Action:
Summary Statement
Expenditure Required
Source of Funds
Policy Issue
Alternative
Background Information:
2,550,899.48 I
City of Waterloo
Finance Committee Open Invoice Report
For iviay 19 2014 Approval
Finance Committee Accounts Payable Open Invoice Report Total
As of Friday, May 16, 2014
EFT Transactions:
Subtotal - as of Monday, May 19 2014
1,019,577.84
Workers Compensation Issued by TPA
Gross Payroll
Housing Authority Housing Assistance EFT's
Housing Authority Housing Assistance EFT's
1,019,577.84 I
3,034.93
1,527,133.27
1,153.44
IBill Payment Total - Monday, May 19 2014
Paymeiti io eullen members or related entities
$o.00
CIfl' OF WATERLOO, IOWA
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
PROCLAMATION
as a way of bringing back the fun of sock hops
and "Cruisin' Fourth Street", a group of
yesteryear cruisers began the Fourth Street
Cruise; and
each year approximately 15,000 people attend the
cruise; and
the cruise gives those who love their vintage cars
and trucks an opportunity to show them off, while
providing a fun -filled day of activities for all our
citizens; and
the 33rd Annual KOKZ 105.7 Fourth Street Cruise
Car Show will be held at the National Cattle
Congress from 5:00 p.m. until 9:00 p.m. on Friday,
May 23, 2014;
this year's cruise, the 33rd annual event, will be
held Saturday, May 24, 2014, from 12:00 noon to
4:00 p.m. in downtown Waterloo.
NOW, THEREFORE I, Buck Clark, Mayor of the City of
Waterloo, Iowa, do hereby proclaim Saturday, May 24, 2014, as
KOKZ 105.7 FOURTH STREET CRUISE DAY
and urge all citizens and visitors to come to downtown Waterloo to enjoy all
the activities.
IN WiTNESS WHEREOF, OF, I have hereunto set my hand and
caused the official seal of the City of Waterloo to be affixed this 19th day of
May 2014.
ATTEST:
Suzy hares
City Jerk
Buck Clark
Mayor
City of Waterloo
Payroll Date 05/16/14
Preparer: RH
GL Date 05/16/14
Banking Date 05/16/14
JE 1427
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
J (RB)SEW
Net Payroll checks only
Dir Dep ACH
Net Payroll Total
DEBIT
551,649.80
10,000.65
19, 744.40
9,586.42
61,271.96
10,187.12
520.73
0.00
36,449.05
12, 852.99
22,448.23
734,711.35
734, 711.35
w/d amount
$ 47,981.05
Fund
Dir Dep ACH 1
010 1
204 1
205 1
224 2
266 1
283 3
290 1
423 4
520 5
521 5
525 1
Net Payroll Total
Dir Dep ACH
Net Payroll checks only
To: (WF) Payroll
J33' -4)A
c1 5g77/
9,586.42 �9 ` l��
/
10,187.12!` C2 -`ti /
49,302.04 '-67'72 ()&3c.
$ 117,056.63 JJ
ACH 617,654.72
$ 734,711.35
1
2
3
5
551,649.80
10, 000.65
19,744.40
9,586.42
61, 271.96
10,187.12
520.73
0.00
36,449.05
12,852.99
22,448.23
734,711.35
117,056.63
47 981.05
9,588 A2
10,187 12
49,302 04
117,056.63
NE r(2
5/15/2014 forms payroll banking net.xlsx 051614
City of Waterloo
Bill Payments
RSI Date 5/19/2014
Banking Date 5/20/2014
Prepared by: BB
Journal Number 1455
Fund Amount Fund Amount for formula
010 331,920.90 010 1 $ 331,920.90
101 31, 680.00 101 1 31, 680.00
200 200 1 0.00
205 494.36 205 1 494.36
224 60,707.95 224 2 60,707.95
266 65,289.92 266 1 65,289.92
283 4,675.10 283 3 4,675.10
290 29,553.92 290 1 29,553.92
291 1,600.00 291 1 1,600.00
407 407 4 0.00
409 3,242.50 409 4 3,242.50
410 4,727.25 410 4 4,727.25
411 5,608.73 411 4 5,608.73
412 146,683.15 412 4 146,683.15
413 210,956.41 413 4 210,956.41
423 423 6 0.00
424 424 1 0.00
426 13,747.76 426 1 13,747.76
520 63,324.99 520 5 63,324.99
521 6,385.04 521 5 6,385.04
525 5,753.07 525 1 5,753.07
609 32,870.00 609 4 32,870.00
610 610 4 0.00
900 900 1 0.00
WAR 1,019,221.05
juornal total 2,038,442.10
WAR formula (1,019,221.05)
Approved check total 1,019,221.05
$ 1,019,221.05
1 $
2
3
4
5
6
Bank Acct N
w/d amount r To: (RB) ACCTS PYBL $ 1,019,221.05
/,
(RB) OVRNT $ 480,039.93
(RB) CDBG 60,707.95 No banking
/ (USB)HOUSE 4,675.10 �2�w
/(RB)GOB
s�RB)SEW,iwA
404,088.04 v/
69 710.03
$ 1,019,221.05
5/20/2014 forms bill banking net.xlsx 051914
/.
City of Waterloo
Payroll Vendor Disbursements
Checks Issued and EFT
JE: 1432 & 1437
Date: 05/16/14
Prepared by: RH
Fund
Vendor Check EFT Inv jrnl
Amount Amount
GRAND TOTALS
Fund Amount
010 227,235.33 223,554.26 010 1
450,789.59
Deductions from Inv journal :::: RxaiS k:ka;. e.:::::
010 1
200 165, 804.08 0.00 200 1
165, 804.08
204
5,442.36 4,847,42 204 1
10,289.78
205
6,701.87 8,524.20 205 1
15,226.07
224
4,114:22 Dfa:ritii:u:>cb::: 224 2
224 Do intnt a ; :: 6,078.296,118.29
266 27,131.76 30,223.58 224 2a 6,078.29
266 1 57,355.34
283 3,717.55 4,585.51 283 3
8,303.06
290
469.98 363.68 290 1 833.66
520 15,406.06 17,943.06 520 4
33,349.12
521
6,729.24 6,892.51 521 4 13,621.75
525 8,383.46 11,126.62 525 1
19,510.08
WAR
471,135.91 312,445.68 WAR 783,581.59
WAR
/7 Bank Acct
, (RB) OVRNT $ 718,115.15
4' /(RB) CDBG 4,114.22
(RB) CDBG 6,078.29
/(USB)HOUSE 8,303.06
(RB)SEW 46,970.87
942,271.82 624,891.36
1,567,163.18 1,567,163.18
1 $ 718,115 15
471,135.91 312,445.68 783,581.59 2 2 6,078.29
a 6,078.29
w/d amount To: RB) ACCTS PYBL
Grand Total $ 783,581.59
tea
3 8,303.06
4 46,970.87
Grand Total $ 783,581.59
V
5/15/2014 forms pyrll vendor disbrs banking net.xlsx 051614+EFT
CITY OF WATERLOO
Council Communication
City Council Meeting: May 19, 2014
Prepared: May 14, 2014
Dept. Head Signature: Joe Leibold, Police Captain
# of Attachments: Two
SUBJECT: 2nd` Annual Accel Triathlon, June 8, 2014
Submitted by: Joe Leibold Captain (Waterloo Police)
Recommended City Council Action: Approve the necessary street closures, use of barricades and
police officers to control traffic.
Summary Statement: The Triathlon will be held on Sunday, June 8th, 2014 starting at 8 AM with
the race ending no later than 11AM. It will be based at George Wyth State Park and will include
both Olympic and Sprint races. The events include a swim, run and bicycle race. Trails, roads
and paths inside George Wyth will be utilized in conjunction with City Streets in Waterloo and
Cedar Falls.
They are requesting barricades along the route and police assistance.
Expenditure Required: Labor and fuel associated with providing traffic assistance as needed.
Source of Funds: General Fund and Event Organizer
Policy Issue: N/A
Alternative:
Background Information:
From: Miller, Tina
Sent: Friday, May 09, 2014 10:21 AM
To: 'CampbellL@waterloopolice.com'
Subject: Accel Triathlon
Hi Lisa!
We are excited to be hosting our second annual Accel Triathlon and wondering
if the Waterloo Police Department would be willing to provide coverage again
for main intersections along the bike course. The route is the same as last year,
so the intersections will also be the same as listed in the email below.
This year's event is on Sunday, June 8 starting at 8:00 am. This is an hour later
than the start of last year's event, so we would just need officers to be in place
by 8:00 in preparation for the first athletes coming through. We anticipate the
final biker will pass back through these intersections around 10:30 am.
We would greatly appreciate any support the Waterloo Police Department can
provide. Please let me know your thoughts.
Thank you!
Tina Miller, PHR
Director of Operations I First Insurance Services and The Accel Group
300 E. Bremer Avenue I P.O. Box 269 I Waverly, IA 50677
Phone (319) 352-6142 I Toll Free (800) 369-3525 I Fax (319) 352-2075
Email TMiller@AccelAdvantage.com j Website www.AccelAdvantage.com
Click here to send me a secure email.
This message, and any attachments to it, may contain information that is privileged, confidential, and exempt from
disclosure under applicable law. If the reader of this message is not the intended recipient, you are notified that any
use, dissemination, distribution, copying, or communication of this message Is strictly prohibited. If you have received this
message In error, please notify the sender Immediately by return e-mail and delete the message and any
attachments. Thank you.
SUNDAY, JUNE 8, AT 8 M
AT GEORGE WYTH STATE PARK
.AC;CEL_
TRIATHLON
REGISTER NOW
Visit AccelTrlht ion.com
BIKE COURSE
h 0 0.0.E
BII£ITART 'IIINISITION AIWA Jt IMI 111.111090 muff OOURi
MOM I1SS
OW Mil V/14
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ATHLON
Council Work Session
May 15, 2014
8:00 a.m.
Waterloo Center for the Arts — The Law Court Theater
Roll Call.
Approval of Agenda, as proposed.
1. Discussion of weekly council agenda
a. Motion to approve agenda for Monday, May 19, 2014, as discussed.
2. Open discussion on pending project updates
3. Open discussion of possible new business
Adjournment
Suzy Schares, CMC
City Clerk/Human Resource Director
Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo,
715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323.
RESOLUTION NO. 2014-385
RESOLUTION APPROVING REQUEST OF THE ACCEL
GROUP TO HOLD THE 2ND ANNUAL ACCEL TRIATHLON
ON JUNE 8, 2014.
WHEREAS, The Accel Group has made written application to the
City Council asking that they be authorized and permitted to hold
the 2nd Annual Accel Triathlon on June 8, 2014, together with the
approval of the Director of Safety Services, and
WHEREAS, said Triathlon will begin at 8:00 a.m. and will be
based out of George Wyth State Park, with the bike portion of the
race taking place on Waterloo, Cedar Falls and Black Hawk County
roads and trails.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
WATERLOO, IOWA, that permission is hereby granted to The Accel
Group to hold the 2nd Annual Accel Triathlon on June 8, 2014,
with said Triathlon to begin at 8:00 a.m. and will be based out
of George Wyth State Park, with the bike portion of the race
taking place on Waterloo, Cedar Falls and Black Hawk County roads
and trails.
PASSED AND ADOPTED this 19th day of May, 2014.
ATTEST:
Suzy Sc .res, CMC
City Clerk
rnest G. Clar
, Mayor
Mayor
BUCK
CLARK
COUNCIL
MEMBERS
DAVID
JONES
Ward I Recommended City Council Action: Resolution approving CLURA application
from George & Nikki Vella for the construction of a single family home located at
COLE 4827 Yellowstone Dr., Waterloo, Iowa 50701, Valued at $269,387 and authorize
CAROLYN
Ward 2 Mayor and City Clerk to execute said documents.
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 & Dwcicpment Director
Council Communication
City Council Meeting: Ma 19 201
Prepared: May 12, 2014
Dept. Head Signature:
# of Attachments: 3
SUBJECT: CLURA application for tax exemptions for a new single family dwelling
construction located at 4827 Yellowstone Dr, Waterloo, Iowa 50701.
Submitted by: Noel Anderson- Community Planning & Development Director
HAROLD
GETTY
Ward 3
QUENTIN
HART
Ward 4
RON
WELPER
Ward 5
BOB
GREENWOOD
At -Large
STEVE
SCHMITT
At -Large
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
4827 Yellowstone Dr., Waterloo, Iowa 50701
LEGAL DESCRIPTION
Klingaman Park Fourth Addition Lot 20, 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: w w.ci.waterloo.ia.us
WE'RE WORKING FOR YOU!
An Equal Opportunity/Affirmative Action Employer
CITY LIMITS URBAN REVITALIZATION APPLICATION
FOR PROPERTY TAX EXEMPTION FOR CONSTRUCTION OF NEW ONE OR TWO
FAMILY DWELLINGS UNDER THE PROVISIONS OF THE CITY LIMITS URBAN
REVITALIZATION AREA PLAN ADOPTED BY THE CITY COUNCIL OF THE CITY OF
WATERLOO.
The City Limits Urban Revitalization Area (CLURA) allows property tax exemptions for newly constructed one or two family
dwellings (single family homes or duplex/twin homes) that meet the following criteria:
I . 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 l 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:
,/U1X it?1
ADDRESS: 4,-V. 7 Y L.Gt J $ nwe—
TELEPHONE: 3 /61-9-`22 i (-1
A. What is the Address of the property being improved?
SIGNATURE: C./
DATE:
iG
F
4/V7 ,Yeti c)1/,,3=; 2W
What is the Legal Description of the property? (May be available at County Recorder's Office on 2" flopr of the
Courthouse) i ,tet
�. 2 /(. mieX/—, M) / /'"9�'//° f ✓a //%Ds'J r
B. What was the nature of the improvement(s)? (must be single family homes or duplex/twin homes to qualify)
,5/,jii4.- ,t re y
C. City of Waterloo Building and Inspections Department Information:
Permit Number:
Date permit was issued: �' Total permit(s) valuation:
D. What was the cost of the new construction?
,� ! 7 •? £2
E. Estimated or actual date of completion of this new construction? (--ie
//le 4 3 / :a)/
414
CITY OF WATERLOO
APPROVED
DENIED
DATED:
RESOLUTION NO:
BLACK HAWK COUNTY ASSESSOR
APPROVED
DENIED
DATED:
Tami McFarland
Black Hawk County Assessor
Note: City Council approval does not guarantee tax exemptions. The application must be reviewed and approved by the
Black Hawk County Assessor's Office for criteria eligibility.
Page 1 of 1
Number: 201400016695
Recorded: 3/18/2014 at 10:50:47.660 AM
Fee Amount: $12.00
Revenue Tax: $430.40
JUDITH A MCCARTHY, RECORDER
Black Hawk County, Iowa
Return To: tHCCt1, 3409) Cedar Heights Dr., Cedar Falls, IA 50613
Preparer: Charles P. Augustine, 531 Commercial Street, Sic. 250, Waterloo, IA 507G1, (319) 232-3304
Taxpayer: George Vella and Nikki Vella, 4827 Yellowstone Drive, Waterloo, IA 50701
TSC# 140040
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 George Vella and Nikki Vella, husband and wife, as Joint
Tenants with Full Rights of Survivorship, and not as Tenants in Common, the following
described real estate in Black Hawk County, Iowa:
Lot 20, Klingaman Park Fourth Addition, Waterloo, Black Hawk County,
Iowa (a Re -Plat of Tract C, Klintiaman Park Third Addition).
Subject to easements, restrictions, covenants, ordinances and limited access
provisions of record.
Grantor does Hereby Covenant with grantees, and successors in interest, that grantor
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 arid 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 nr plural number, and as masculine or feminine gender, according to the context.
Dated: .4t)4ti,k,k\'\
(
rLD
STATE. OF IOWA, COUNTY OF LINN
Kyle Skogrrtxns President
I of .lidwest Devlopment Co.
JJ ay(
, as
• t'{- ,:t;
of Midwest Develop neat Co.
`phis instrument was acknowledged before me on this , day of January, 2014, by Kyle
Skogman. as President of Midwest Development Co.
{ ^754.V.,,, 3 I RANoYSTARKS
r v Comeliss'on Number 742154
4 My Coinmmssion Expires
"Oi^Q_ Au'.ust.;8.2015
, Notary Public
Prepared by DeAnne Kobliska, Administrative Secretary, City of
Waterloo, 715 Mulberry Street, Waterloo, IA 50703, 319-291-4323.
RESOLUTION NO. 2014-386
RESOLUTION APPROVING APPLICATION WITH GEORGE
& NIKKI VELLA FOR TAX EXEMPTIONS ON THE
CONSTRUCTION OF A NEW SINGLE FAMILY HOME
VALUED AT $269,387.00 FOR PROPERTY LOCATED AT
4827 YELLOWSTONE DRIVE IN THE CITY LIMITS
URBAN REVITALIZATION AREA (CLURA), IN THE
CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA.
WHEREAS, George & Nikki Vella has submitted an application
dated April 13, 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 $269,387.00 for property
located at 4827 Yellowstone Drive, more fully described as
follows:
and,
Lot 20, Klingaman Park Fourth Addition, Waterloo, Black
Hawk County, Iowa (a Re -Plat of Tract C, Klingaman Park
Third Addition).
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 19th da, of May, 2014.
ATTEST:
Suzy Sares, CMC
City Clerk
r est G. Clark, Mayor
Mayor
BUCK
CLARK
COUNCIL
MEMBERS
DAVID
JONES
Ward
CAROLYN
COLE
Ward 2
HAROLD
GETTY
Ward 3
QUENTIN
HART
Ward 4
RON
WELPER
Ward 5
BOB
GREENWOOD
At -Large
STEVE
SCHMITT
At -Large
crr
^x+ COMMUNITY PLANNING AND DEVELOPMENT
715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319) 291-4386 Fax (319) 291-4262
NOEL C. ANDERSON, Community Planning & Development Director
F WATERLOO: IOWA
Council Communication
City Council Meeting: Ma 19 20
Prepared: May 12, 2014
Dept. Head Signature:
# of Attachments: 3
SUBJECT: CLURA application for tax exemptions for a new single family dwelling
construction located at 1444 Hummingbird Cr, Waterloo, Iowa 50702.
Submitted by: Noel Anderson- Community Planning & Development Director
Recommended City Council Action: Resolution approving CLURA application
from John Jensen for the construction of a single family home located at 1444
Hummingbird Cr., 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
1444 Hummingbird Cr., Waterloo, Iowa 50701
LEGAL DESCRIPTION
Crossroads Estates Replat No. 1 Lot 67 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: www.ci.waterloo.ia.us
WE'RE WORKING FOR YOU!
An Equal Opportunity/Affirmative Action Employer
•
ckssc(k4
CITY LIMITS URBAN REVITALIZATION APPLICATION
FOR PROPERTY TAX EXEMPTION FOR CONSTRUCTION OF NEW ONE OR TWO
FAMILY DWELLINGS UNDER THE PROVISIONS OF THE CITY LIMITS URBAN
REVITALIZATION AREA PLAN ADOPTED BY THE CITY COUNCIL OF THE CITY OF
WATERLOO.
The City Limits Urban Revitalization Area (CLURA) allows property tax exemptions for newly constructed one or two family
dwellings (single family homes or duplex/twin homes) that meet the following criteria:
1. Be located within the CLURA boundaries (a map of which can be obtained from the City of Waterloo Community Planning
&Development Department.)
2. This application must be filed with City prior to the 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: / 1 1 I /✓i'1"y'h%1�' Ear (1'tilj
E
TELEPHONE: ) I `] — cioLi` S
Je/1 r1 eJef1.3e')
SIGNATURE:
DATE:
144
NNW
a,
A. What is the Address of the property being improved? i y, ; , ; ,— (Y: ( //:20
What is the Legal Description of the property? (May be available at County Recorder's Office on 2nd flooy'tl1e Courthouse)
JJS %
)1,! I L..,-* 7
B. What was the nature of the improvement(s)? (must be single family homes or duplex/twin homes to qualify)
C,) f r• ',- mo--, . 6-1i l�=`' '—
C. City of Waterloo Building and Inspections Department Information:
Permit Number: "4 5� ' -)6Datepermit was issued: Z- Total permit(s) valuation: � 5 7
D. What was the cost of the new construction?
F
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.
Page ;of1
1111111110111111111111111111111
1llilll111 l111l ll tl 111111111111111 Ili lllll1ll11111 l ll lil llll1l l
Doo ID: 005462090001 Type: GEN
Kind: WARRANTY DEED
Recorded:
Page1 of at
12:02:56 PM
FeeAmt: $251.20
Revenue Tax: $239.20
Black Hawk County Iowa
JUDITH A MCCARTHY//(JRECORDER rr�� 1
F11e2014"�'0001955 J.
X aiit;xs Comm ert ta44.
E#1V Return To: John Jensen Jr., 1444 Hummingbird Cir.. Waterloo, IA
Preparer: Charles P. Augustine, 53I Commercial Street, Ste. 250, Waterloo, IA 5070I. (319) 232-3304
Taxpayer: John Jensen Jr., 1444 Hummingbird Cir, Waterloo. IA
TSC# 140614
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 John Jensen Jr„ the following described real estate in Black
Hawk County, Iowa:
Lot 67, Crossroads Estates Replat No. 1, Waterloo, Black Hawk County,
Iowa.
Subject to easements, restrictions, covenants, ordinances and limited access
provisions of record.
Grantor does Hereby Covenant with grantees, and successors in interest, that grantor
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 teal estate is free a; d 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: E. . l 1, C'O
STATE OF IOWA. COUNTY OF LINN
Kyle Skogman as President
of Midwest Development Co.
of Midwest Devel pment Co.
Hummingbird C
Note:
Base map tela worts is Black Hawk County.
This map does not represent a suety. no liability
e asaimrG for C. accuracy of the data delineator, herein,
either Impressed or Implied by Black Havel[ County. the
Black Hawk County Assessor, or their employees.
The City a/ Waterloo makes no warranty. uyrau or
implied. u to the accuracy of the information shown
on this map, and expressly disclaims liability for the
accuracy thereof. Users should refer to official
plats, surveys. recorded deed, Moe
boated ate
Black Bla Hawk County Assessor's ce for compMp
and accurate information.
Nota:
Base map data source is Black Newt County.
Thu map does rM represent a suety, no liability
u assumed for the accuracy of the data delineated herein.
either expressed or inpysd by Bleck Hawk County, the
Ttadc Maw* County Basest or their employees.
The City of Waterloo makes no warranty. express or
implied, as to thepre
rep my of the information shown
MN u map, and exssly disclaims liability for the
•mrecy thereof. Users should refer to official
Mats, surveys, recorded deeds, etc. looted at the
Buck Hawk Courtly Assessor's Office for complete
and accurate information.
Prepared by DeAnne Kobliska, Administrative Secretary, City of
Waterloo, 715 Mulberry Street, Waterloo, IA 50703, 319-291-4323.
RESOLUTION NO. 2014-387
RESOLUTION APPROVING APPLICATION WITH JOHN
JENSEN FOR TAX EXEMPTIONS ON THE CONSTRUCTION
OF A NEW SINGLE FAMILY HOME VALUED AT
$150,000.00 FOR PROPERTY LOCATED AT 1444
HUMMINGBIRD CIRCLE IN THE CITY LIMITS URBAN
REVITALIZATION AREA (CLURA), IN THE CITY OF
WATERLOO, BLACK HAWK COUNTY, IOWA.
WHEREAS, John Jensen has submitted an application dated May
2, 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 1444 Hummingbird Circle, more fully described as follows:
Lot 67, 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 19th da .f May, 2014.
//
t G. lark, Mayor
ATTEST:
Suzy Scha es, CMC
City Clerk
Mayor
BUCK
CLARK
COUNCIL
MEMBERS
DAVID
JONES
Ward l
CAROLYN
COLE
Ward 2
HAROLD
GETTY
Ward 3
Q.UENTIN
HART
Ward 4
RON
WELPER
Ward 5
BOB
GREENWOOD
At -Large
STEVE
SCHMITT
At -Large
CITN, OF WATERLOO,
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: Ma 19 2
Prepared: May 9, 2014
Dept. Head Signature:
# of Attachments: 3
SUBJECT: CLURA application for tax exemptions for a new single family home located at
1436 Hummingbird Circle, Waterloo, Iowa 50702.
Submitted by: Noel Anderson- Community Planning & Development Director
Recommended City Council Action: Resolution approving CLURA application
from Aaron Heying for the construction of a new single family home located at 1436
Hummingbird Circle, 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
1436 Hummingbird Circle, Waterloo, Iowa 50702
LEGAL DESCRIPTION
Crossroads Estates Replat No 1 Lot 70
Expenditure Required: N/A
Source of Funds: N/A
Policy Issue: CLURA
Alternative: N/A
Attachment(s)
cc: Noel Anderson, Community Planning & Development Director
Aric Schroeder, City Planner
Adrienne Voelker, Associate Planner
CITY WEBSITE: www.ci.waterloo.ia.us
WE'RE WORKING FOR YOU!
An Equal Opportunity/Affirmative Action Employer
V I AJ - Gyty etc -4-(v Pla( vki IS -k.1ail- e r 4
CITY LIMITS URBAN REVITALIZATION APPLICATION
FOR PROPERTY TAX EXEMPTION FOR CONSTRUCTION OF NEWONE'OR
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 famiily
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.) a
2. This application must be filed with City prior to the 1s` working day of February following the year w the mprov �, is
are completed to comply with the timeline of the State Code of Iowa, Section 404.4 unnumbered paragrap la r, 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.
•
.1)7
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:
Arqr; ll
ADDRESS: /yam/ Wointritrf
(iljg
TELEPHONE: m( 33.& 43
A. What is the Address of the property being improved?
SIGNATURE:
DATE:
Icy(. �1��•����..lC.��f r
What is the Legal Description of the property? (May be available at County Recorder's Office on 2nd floor of the Courthouse)
( mss,=,)�{z���
L
B. What was the nature of the improvement(s)? (must be single family homes or duplex/twin homes to qualify)
Le -
C. City of Waterloo Building and Inspections Department Information:
i'?G
'--
Permit Number: / Date permit was issued: Z _ I Total permit(s) valuation:
D. What was the cost of the new construction?(
E. Estimated or actual date of completion of this new construction?
1
CITY OF WATERLOO
APPROVED
DENIED
DATED:
RESOLUTION NO:
BLACK HAWK COUNTY ASSESSOR
APPROVED
DENIED
DATED:
Tami McFarland
Black Hawk County Assessor
Note: City Council approval does not guarantee tax exemptions. The application must be reviewed and approved by the
Black Hawk County Assessor's Office for criteria eligibility.
(St -C.
C��crrthLe�
Return To: Aaron Heying, 1436 Hummingbird Circle, Waterloo, IA
Preparer: Charles P. Augustine, 531 Commercial Street, Ste. 250, Waterloo, IA 50701, (319) 232-3304
Taxpayer: AarOn J. Heying, 1436 Hummingbird Circle, Waterloo, IA
TSC# 140618
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 Aaron J. Heying, a single person, the following described real
estate in Black Hawk County, Iowa:
Lot 70, Crossroads Estates Replat No. 1, Waterloo, Black Hawk County,
Iowa.
Subject to easements, restrictions, covenants, ordinances and limited access
provisions of record.
Grantor does Hereby Covenant with grantees, and successors in interest, that grantor
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: fAn, a Intl
By:
STATE OF IOWA, COUNTY OF LINN
Kyle Skogman as President
of Midwest Development Co.
This instrument was acknowledged before me on this
Skogman, as President of Midwest Development Co., and by
$-8.4.. • , of Midwest Development Co.
BRANDY STARKS
Commission Number 742154
My Commission Expires
August 08. 2015
sick, as `Yet
of Midwest Develobment Co.
l__II day jjof January, 2014, by Kyle
t%t�(� kcivIn -s1 , as
Hummingbird Cr
Base map data source is Black Hank County.
This map does not represent a survey, no rurality
Is ..omal for the accuracy of the date delineated herein.
.in, exposed or implied by Black Hawk County, the
Brack Hank County Assessor, or their employees.
The City of Waterloo makes no warranty. express or
implied. as to the accuracy of the information:noon
on this map, and.xpressly disclaims liability fon the
cvmacy thereof. Users should rehab, fri
olel
plan, surveys, recorded deeds, etc. located at the
Black Hawk County Assessor's Orb for complete
and.ccurete information.
100 200 400
.� Fee
Prepared by DeAnne Kobliska, Administrative Secretary, City of
Waterloo, 715 Mulberry Street, Waterloo, IA 50703, 319-291-4323.
RESOLUTION NO. 2014-388
RESOLUTION APPROVING APPLICATION WITH AARON
HEYING FOR TAX EXEMPTIONS ON THE CONSTRUCTION
OF A NEW SINGLE FAMILY HOME VALUED AT
$150,000.00 FOR PROPERTY LOCATED AT 1436
HUMMINGBIRD CIRCLE IN THE CITY LIMITS URBAN
REVITALIZATION AREA (CLURA), IN THE CITY OF
WATERLOO, BLACK HAWK COUNTY, IOWA.
WHEREAS, Aaron Heying has submitted an application dated May
9, 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 1436 Hummingbird Circle, more fully described as follows:
Lot 70, 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 19th d of May, 2014.
Ernest G. Clar
ATTEST:
7-1 t
Suzy Schres, CMC
City Clerk
, 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
C1T\ F 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: Ma 19 2
Prepared: May 12, 2014
Dept. Head Signature:
# of Attachments: 3
SUBJECT: CLURA application for tax exemptions for a new single family dwelling
construction located at 1438 Hummingbird Cr., Waterloo, Iowa 50702.
Submitted by: Noel Anderson- Community Planning & Development Director
Recommended City Council Action: Resolution approving CLURA application
from Hector Lopez Elizalde for the construction of a single family home located at
1438 Hummingbird Cr., 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
1438 Hummingbird Cr., Waterloo, Iowa 50701
LEGAL DESCRIPTION
Crossroads Estates Replat No. 1 Lot 69 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
47= -. tel) i S ,. k-\
CITY LIMITS URBAN REVITALIZATION APPLICATION
FOR PROPERTY TAX EXEMPTION FOR CONSTRUCTION OF NEW ONE OR TWO
FAMILY DWELLINGS UNDER THE PROVISIONS OF THE CITY LIMITS UIQ,
REVITALIZATION AREA PLAN ADOPTED BY THE CITY COUNCIL OFTHE CITY OF'
Glc
WATERLOO. C��l
�1 L1
The City Limits Urban Revitalization Area (CLURA) allows property tax exemptions for newly constructed one or two fa±n ly`f
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 1 ' 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 paragi ph 2. However, a,
single application may be filed upon completion of an entire project requiring more than one year to con
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:
TELEPHONE:
A.
�--1.a1SIGNATURE:
What is the Address of the property being improved?
DATE: % 2)
� h
What is the Legal Description of the property? (May be available at County Recorder's Office on 2nd floor of the Courthouse)
S€t3 m Scoyc
B. What was the nature of the improvement(s)? (must be single family homes or duplex/twin homes to qualify)
C. City of Waterloo Building and Inspects Information:
Permit Number: ?—c1: -IC— 11-7(-21-)C ate permit was issued: j 2,-2.- Total permit(s) valuation:
D. What was the cost of the new construction?
E. Estimated or actual date of completion of this new construction?
5-4(/l,i
CITY OF WATERLOO
APPROVED
DENIED
DATED:
RESOLUTION NO:
BLACK HAWK COUNTY ASSESSOR
APPROVED DATED:
Tami McFarland
DENIED 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*? of.1
0
r.6
1111 11 INNIMIO II IIGWYPVV
U
Doc ID 005461510001 Type GEN
Kind: WARRANTY DEED
Recorded: 05/05/2014 at 03:39:52 PM
Fee Amt: $251.20 Pape 1 of I
Revenue Tax: $239.20
Black Hawk County Iowa
JUDITH A MCCARTHY RECORDER
File2O14_00019508
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: Hector Lopez Elizalde, 1438 Hummingbird Cir., Waterloo, IA
TSC#140265
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 Hector Lopez Elizalde, the following described real estate in
Black Hawk County, Iowa:
Lot 69, Crossroads Estates Replat No. 1, Waterloo, Black Hawk County,
Iowa.
Subject to easements, restrictions, covenants, ordinances and limited access
provisions of record.
Grantor does Hereby Covenant with grantees, and successors in interest, that grantor
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 orall persons except as may be above stated.
Words and phrases herein, including acknowledgment hereof, shall be construed as in the
singular or11plural number, and as masculine or feminine gender, according to the context.
Dated:._.__.1.`_
By:
Kyle Skogman as President
of Midwest Development Co.
STATE OF IOWA, COUNTY OF BLACK HAWK
t-") , as .ii:
of Midwest Devel pment Co.
This instrument was acknowledged before me on this 4 day of January, 2014. by Kyle
Skogman, as President of Midwest Development Co.
BRANDY STARKS
Commission Number 742154
My Commission Expires
August 08, 2015
STATE OF IOWA, COUNTY OF BLACK HAWK
VitL
��r ;� . Notary Public
rote:
Use map data source is Black Hawk County.
his map does not , represent a sieve no 4abfity
assumed for the Becurery of the data danneated herein.
tither espraesed or implied by Bleck Hawk County. the
belt Ha. County Msasor, or Mak employees.
-he City of Wahrbo makes no warranty. express
+mr d, as to the accuracy of the Information ahwn
this map, and expressly disclaims kaiMky for the
cranny Mereel Users slrould refer to official
rah, surreys. reeoMed deeds, etc. located at the
4x11, Hawk County Assessor's dllw for compete
ntl =orate information.
CITY OF WATERLOO
Council Communication
City Council Meeting: May 19, 2014
Prepared: May 13, 2014
Dept. Head Signature: Eric Thorson, PE., City Engineer
# of Attachments: 1
SUBJECT: REQUEST BY KRISTOPHER D. FIX FOR A CONCRETE DRIVEWAY TO
BE LOCATED AT 1925 AVON AVENUE
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 KRISTOPHER D. FIX 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 1925
AVON 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: REPLAT W 1/2 CUSHMAN HEIGHTS E 1/2 LOT 5 BLK 2
WAIVER
Date:
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 driveway or sidewalk located at
(concrete or asphalt)
This waiver is needed because of:
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.
sphalt driveway with the elimination of the sidewalk section.
placing a driveway or sidewalk on City right of way on an unimproved street.
Other:
(Address)
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,
Printed Name of Property Owner
Prepared by DeAnne Kobliska, Administrative Secretary, City of
Waterloo, 715 Mulberry Street, Waterloo, IA 50703, 319-291-4323.
RESOLUTION NO. 2014-389
RESOLUTION APPROVING APPLICATION WITH HECTOR
LOPEZ ELIZALDE FOR TAX EXEMPTIONS ON THE
CONSTRUCTION OF A NEW SINGLE FAMILY HOME
VALUED AT $150,000.00 FOR PROPERTY LOCATED AT
1438 HUMMINGBIRD CIRCLE IN THE CITY LIMITS
URBAN REVITALIZATION AREA (CLURA), IN THE
CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA.
WHEREAS, Hector Lopez Elizalde has submitted an application
dated May 2, 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 1438 Hummingbird Circle, more fully described as
follows:
and,
Lot 69, Crossroads Estates Replat No. 1, 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 19th day of May, 2014.
ATTEST:
C
ik.cr +Y 9 fJ
Suzy Schres, CMC
City Clerk
IOati\
Ern st G. C1 rk, Mayor
CITY OF WATERLOO
Council Communication
City Council Meeting: May 19, 2014
Prepared: May 13, 2014
Dept. Head Signature: Eric Thorson, PE., City Engineer
# of Attachments: 1
SUBJECT: REQUEST BY KRISTOPHER D. FIX FOR A CONCRETE DRIVEWAY TO
BE LOCATED AT 1925 AVON AVENUE
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 KRISTOPHER D. FIX 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 1925
AVON 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: REPLAT W 1/2 CUSHMAN HEIGHTS E 1/2 LOT 5 BLK 2
WAIVER
Date:
,>3
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 driveway or sidewalk located at
L(..c_oncrete or asphalt)
14-tiov(
(Address)
This waiver is needed because of:
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.
sphalt 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,
Printed Name of Property Owner
S1ignatur'of Pro
PAYMENT DATE
05/14/2014
COLLECTION STATION
COUNTER 1
RECEIVED FROM
KRISTOPHER D. FIX
DESCRIPTION
ROGER SMITH CONSTRUCTION INC.
PAYMENT CODE
Printed by: Ella Ellis
City of Waterloo
715 Mulberry St
Waterloo, IA 50703
(319) 291-4323
RECEIPT DESCRIPTION
CLERK RECORDING&PUBLICATN 3492
1925 AVON AVE./SIDEWALK & DRIVEWAY
010-03-8400 3492 Recording & Publication Fees $7.00
Total Cash
Total Check
Total Charge
Total Other
Total Remitted
Change
Total Received
$0.00
$7.00
$0.00
$0.00
$7.00
$0.00
$7.00
Total Amount:
BATCH NO.
2014-11002046
RECEIPT NO.
2014-00014129
CASHIER
Ella Ellis
TRANSACTION AMOUNT
$7.00
Page 1 of 1 05/14/2014 12:01:25 AM
Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo,
715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323.
RESOLUTION NO. 2014-390
RESOLUTION GRANTING PERMISSION TO KRISTOPHER
D. FIX FOR A WAIVER FOR A CONCRETE DRIVEWAY
TO BE LOCATED AT 1925 AVON 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 Kristopher D. Fix 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 1925 Avon Avenue, and legally described as follows:
Replat West Cushman Heights East Lot 5 Block 2, 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 Kristopher D. Fix to construct a concrete
driveway and place a driveway or sidewalk on city right-of-way on
an unimproved street to be located at 1925 Avon Avenue, subject
to the following conditions:
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.
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.
PASSED AND ADOPTED this 19th day of May, 2014.
ATTEST:
Ernest G. Clark, ayor
uzy Sc ares, CMC
City Clerk
Resolution No. 2014-390
Page 2
CERTIFICATE
I, Suzy Schares, City Clerk of the City of Waterloo, Iowa,
do hereby certify that the preceding is a true and complete copy
of Resolution No. 2014-390, as passed and adopted by the Council
of the City of Waterloo, Iowa, on the 19th day of May, 2014.
Witness my hand and seal of office this 19th day of May,
2014.
SEAL
uzy Schaes,
City Cle k
CITY OF WATERLOO
Council Communication
City Council Meeting: Mav 19 2014
Prepared: May 1_ 3 201•}
Dept. Head Signature: Eric Thorson PE. Ci En ineer
# of Attachments: 1
SUBJECT: REQUEST BY SCOTT VAN SICKLE FOR A CONCRETE DRIVEWAY TO
BE LOCATED AT 3666 RANCHERO ROAD
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 SCOTT VAN SICKLE 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 3666
RANCHERO ROAD.
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:
UNPLATTED WLOO WEST E 200 FT W 1400 FT S 655 FT SW EXC LEGAL
HWYSSEC 1T88R14
WAIVER
Date: 51 ) Z o
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 driveway or sidewalk located at
(concrete or asphalt)
3 c66 cnC\1efc C�,
This waiver is needed because of:
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.
(Address)
/
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,
Printed Name of Property Owner
Signature of Property Owner
CITY OF WATERLOO
Council Communication
City Council Meeting: May 19, 2014
Prepared: May 13, 2014
Dept. Head Signature: Eric Thorson, PE., City Engineer
# of Attachments: 1
SUBJECT: REQUEST BY SCOTT VAN SICKLE FOR A CONCRETE DRIVEWAY TO
BE LOCATED AT 3666 RANCHERO ROAD
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 SCOTT VAN SICKLE 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 3666
RANCHERO ROAD.
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: UNPLATTED WLOO WEST E 200 FT W 1400 FT S 655 FT SW EXC LEGAL
HWYSSEC 1T88R14
WAIVER
Date:
5iG
�Zo
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
driveway or sidewalk located at
\(concrete or asphalt)
36
This waiver is needed because of:
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:
(Address)
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,
Printed Name of Property Owner Signature of Property Owner
PAYMENT DATE
05/14/2014
COLLECTION STATION
COUNTER 1
RECEIVED FROM
SCOTT VAN SICKLE
DESCRIPTION
3666 RANCHERO RD./SIDEWALK-DRIVEWAY
PAYMENT CODE
City of Waterloo
715 Mulberry St
Waterloo, IA 50703
(319) 291-4323
RECEIPT DESCRIPTION
CLERK RECORDING&PUBLICATN 3492
SIDEWALK OR DRIVEWAY
010-03-8400 3492 Recording & Publication Fees $7.00
Total Cash
Total Check
Total Charge
Total Other
Total Remitted
Change
Total Received
$7.00
$0.00
$0.00
$0.00
$7.00
$0.00
$7.00
BATCH NO.
2014-11002046
RECEIPT NO.
2014-00014127
CASHIER
Ella Ellis
TRANSACTION AMOUNT
$7.00
Printed by: Ella Ellis
Total Amount:
$7.00
Page 1 of 1 05/14/2014 11:50:54 AM
Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo,
715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323.
RESOLUTION NO. 2014-391
RESOLUTION GRANTING PERMISSION TO SCOTT VAN
SICKLE FOR A WAIVER FOR A CONCRETE DRIVEWAY
TO BE LOCATED AT 3666 RANCHERO ROAD, 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 Scott Van Sickle 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 3666 Ranchero Road, and legally described as follows:
Unplatted Waterloo West East 200 feet West 1400 feet
South 655 feet Southwest except legal highways Section
1 Township 88 Range 14, 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 Scott Van Sickle to construct a concrete
driveway and place a driveway or sidewalk on city right-of-way on
an unimproved street to be located at 3666 Ranchero Road, subject
to the following conditions:
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.
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.
PASSED AND ADOPTED this 19th day of May, 2014.
Ernest G filar Mayor
ATTEST:
uzy Sc ares, CM
City Clerk
Resolution No. 2014-391
Page 2
CERTIFICATE
I, Suzy Schares, City Clerk of the City of Waterloo, Iowa,
do hereby certify that the preceding is a true and complete copy
of Resolution No. 2014-391, as passed and adopted by the Council
of the City of Waterloo, Iowa, on the 19th day of May, 2014.
Witness my hand and seal of office this 19th day of May,
2014.
SEAL
uzy Scf ares, CMC
City Cl-rk
CITY OF WATERLOO, IOWA
CITY ATTORNEY'S OFFICE
715 Mulberry Street • Waterloo, IA 50703 • (319) 291-4327 Fax (319) 291-4286
May 14, 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 May 14, 2014.
Of the 10 bonds submitted, 3 were approved and were rejected, as
shown on the attached list.
Very truly yours,
Da • d R. Zellhoefer
Assistant City Attorney
DRZ:sda
CITY WEBSITE: www.cityofwaterlooiowa.com
WE'RE WORKING FOR YOU!
An Equal Opportunity/Affirmative Action Employer
BONDS FOR COUNCIL APPROVAL
MAY 19, 2014
RIGHT OF WAY CONSTRUCTION BOND (EXPIRES 4/30/2015) AMOUNT $5,000.00
—354-026-880 BAKER ENTERPRISES, INC. dba BAKER CONCRETE & EXCAVATING WATERLOO, IOWA
—BD 0000492798 MICHAEL HUFF CONSTRUCTION
—Bd 7900545028 BOWERS MASONRY, INC. CEDAR FALLS,O,IOWA IOWA
WATERLOO,
Bd 0000054801 K. CUNNINGHAM CONSTRUCTION CO., INC. OFALLS,IOWA
—7900392218 ANDREW SHOWALTER dba PLANETARY INVESTMENTS WATERLOO, IOWA
_95 BA K037 4 NINO F COSTARELLA dba CHRISTENSEN BUILDING &
REMODELING & REPAIR CEDAR FALLS, IOWA
.24912177 1sT CALL LAWN CARE LLC WATERLOO, IOWA
—IA 560030 TIME CONCRETE CONSTRUCTION CO.
,,09146490 TERRACON CONSULTANTS, INC. HUDSON, IOWA
CEDAR FALLS, IOWA
-7900322198 MICHAEL JAMES
WAVERLY, IOWA
APPLICANT'S NAME:
APPLICANT'S ADDRESS:
APPLICANT'S PHONE #:
APPLICATION
FOR
VARIANCE TO NOISE ORDINANCE
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ANTICIPATED DATE OF VARIANCE:
Julur- l AN+,
NAME OF EVENT: b L i c ,;f r t S r A,u` N
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TIMES OF DAY OF V t-)` '"' `'�
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DISTANCE OF ACTIVITY FROM RESIDENTIAL PROPERTIES: 7- d aT,
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.
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CITY COUNCIL ACTION:
SkiN
(,) v e ti , I - —1147—T:
APPROVAL:
DENIAL:
Applicant's Signature
/14-14
Date
Police Dept. Recomrnendatio
APPROVAL:
DENIAL:
DECIBEL LEVEL:
Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo,
715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323.
RESOLUTION NO. 2014-392
RESOLUTION GRANTING REQUEST OF DAN TRELKA FOR
A VARIANCE TO ORDINANCE NO. 3094, NOISE
ORDINANCE.
WHEREAS, Dan Trelka is requesting a variance to the Noise
Ordinance on June 7-8, 2014, from 6:30 p.m. to 7:00 p.m., in
conjunction with Dillinger's Wheelman in Waterloo; a re-enactment
of the 1934 shootout with Gangster Tommy Carroll event to be held
on Sycamore Street between 4 h and 5th Streets (in front of the
Brown Derby), including the use of a PA system, and
WHEREAS, said event will exceed the limits of Ordinance No.
3094, Noise Ordinance, and
WHEREAS, said Dan Trelka has made formal application for a
variance effective June 7-8, 2014, from 6:30 p.m. to 7:00 p.m.,
together with recommendation and approval of the Director of
Safety Services.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
WATERLOO, IOWA, that the request of Dan Trelka for a variance to
Ordinance No. 3094, Noise Ordinance, on June 7-8, 2014, from 6:30
p.m. to 7:00 p.m., in conjunction with Dillinger's Wheelman in
Waterloo; a re-enactment of the 1934 shootout with Gangster Tommy
Carroll event to be held on Sycamore Street between 4th and 5t
Streets (in front of the Brown Derby), including the use of a PA
system, be and the same hereby granted.
PASSED AND ADOPTED this 19th day of May, 2014.
ATTEST:
y Scha es, CMC
City Cler
Ernest G. Clar , Mayor
Mayor
BUCK
CLARK
COUNCIL
MEMBERS
DAVID
JONES
Ward 1
CAROLYN
COLE
Ward 2
HAROLD
GETTY
Ward 3
QUENTIN
HART
Ward 4
RON
WELPER
Ward 5
BOB
GREENWOOD
At -Large
STEVE
SCHMITT
At -Large
CITY OF WATERLOC3, 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
City Council Communication
City Council Meeting: Ma 19 201
Prepared: May 1, 2014
Dept. Head Signature:
# of Attachments:
SUBJECT: Sale of two (2) City owned corn cribs located at 4012 Leversee Road to
Brad Renner of rural New Hartford for $200.00.
Submitted by: Noel Anderson, Community Planning & Development Director
Recommended City Council Action: Approval of sale of two (2) city owned corn cribs to
Brad Renner for $200.
Summary Statement: The City of Waterloo's Community Planning & Development
requests the approval of the sale of two (2) City owned corn cribs located at 4012
Leversee Road, for the amount of $200. The city obtained the said property in 2009
while acquiring properties surrounding the Waterloo Regional Airport for the
Midport America Industrial Park Master Plan. Mr. Renner plans to disassemble the
corn cribs and relocate them to his farm at 31254 Willow Rd, New Hartford, Iowa.
Expenditure Required: There will be no costs associated with this agreement.
Source of Funds: N/A
Policy Issue: Property Management
Alternative: N/A
Background Information: The property was acquired by the city in 2009 from Robert &
Rita Welter. An occupancy agreement allowed the Welters to occupy the home until
December 31, 2011. The property is made up of approximately 4 acres of "homestead"
containing a home and buildings with the remainder of the property being farmland. The
home is now vacant and the farm land is farmed by Dennis Miller.
cc: Aric Schroeder, City Planner
Noel Anderson, Community Planning & Development Director
Adrienne Voelker, Associate Planner
CITY WEBSITE: www.ci.waterloo.ia.us
WE'RE WORKING FOR YOU!
An Equal Opportunity/Affirmative Action Employer
Exhibit A:
Legal Description:
The Southwest Quarter of the Southwest Quarter of Section 32, Township 90,
Range 13 West of the 5th P.M., City of Waterloo, Black Hawk County.
?pVLAddress: Applicant: T „� , � I � ' I1 t} Phone No.: 0 Z -U 3,3 - 7
General Description of Property to Vacated (i.e.- alley between A St. & B St., South of C St.):
City of Waterloo Planning & Zoning Department
715 Mulberry Street, Waterloo, Iowa 50703
(319) 291-4366
U Offer to Vacate and Purchase City Right -of -Way
❑ Request to Vacate Easement, Vacate Sidewalk, or Encroach ent Agreement
❑ Sale of City -Owned Property i10.�t-o1•'65;U6C
Legal description of area to be conveyed, vacated, or encroached:
1. A non-refundable filing fee(s) shall be made as follows (checks payable to City of Waterloo):
• Right-of-way vacation — One Hundred Seventy Five Dollar ($175.00) Filing Fee
• Easement or sidewalk vacation — Seventy Five Dollar ($75.00) Filing Fee
• Encroachment — One Hundred Dollar ($100.00) Filling Fee
• Sale of city -owned property not required to be vacated — No Fee
• Any request not meeting the Sale of Property Policy — One Hundred Dollar ($100.00) Fee
2. Offer Price*[Note: If the offer price meets the Sale of Property Policy (see attached) the request will not be
required to be reviewed by the Building & Grounds Committee.]
• Asking price (see attached Sale of Property Policy for how calculated):
• Deductions
• May decrease price by 50% for area located within an easement:
• May decrease price for the City tax that will be collected on
the land within 5 yrs (8 yrs inside of the CURA):
• Costs (surveying & misc., demolition, remove of curbs, etc):
Asking price — Deductions = Value of Property:
Offer Price for Entire Area: e�
Note: The above information is a summary of the Sale of Property Policy (see attached). All requests to vacate and purchase
City right-of-way must be accompanied by a signed "Intent to Vacate" form for each abutting property to the area to be vacated.
Any request that fails to meet the Sale of Property Policy shall not be forwarded to the Building and Grounds Committee or City
Council. Any such applicant shall need to request review to Building and Grounds through a City Council member.
3. Publication and Recording Fees*: At the time a buyer(s) has been selected, all publication costs and
recording fees must be paid by the applicant. Applicant shall be responsible for collecting from other buyers.
4. Easement*: The following easement shall be retained:
5. Other: Please provide a site plan and/or aerial photo of the area to be vacated if the request involves
additional construction as the reason for the request.
Applicant
Date
*Not required for easement vacates sidewalk vacates or Encroachment Agreements
L.
;
----,3 0 - Zoi*
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_
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1
4012 °Leversee
Note:
Base map data source is Black Hark County.
This map does not represent a survey. no liability
is assumed for the accuracy of the data delineated herein,
Backexpressed or implied by Black Hark County. Me
Hawk County Assessor, or their emdoyeea.
The City of Waterloo makes no warranty. express or
implied, as to the a«umay of thea information on shown
on this map, and expressly disclaims kacltt for Me
accuracy thereof. users should refer to official
plats. surveys, recorded deeds. etc. located at the
tack Havk County Assessor's Office for complete
and accurate information.
•
Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo,
715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323.
RESOLUTION NO. 2014-393
RESOLUTION APPROVING THE SALE OF TWO (2)
CITY -OWNED CORN CRIBS LOCATED AT 4012
LEVERSEE ROAD TO BRAD RENNER OF RURAL NEW
HARTFORD, IOWA, IN THE AMOUNT OF $200.00.
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA,
that the sale of two (2) City -owned corn cribs located at 4012
Leversee Road to Brad Renner of rural New Hartford, Iowa, in the
amount of $200.00, be and the same is hereby approved.
PASSED AND ADOPTED this 19th daygf May, 2014.
/f/tteell-
Erhest G. Clark, Mayor
ATTEST:
Suzy Schaies, CMC
City Cler
Mayor
BUCK
CLARK
COUNCIL
MEMBERS
DAVID
JONES
Ward I
CAROLYN
COLE
Ward 2
PAT
MORRISSEY
Ward 3
QUENTIN
HART
Ward 4
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: May 19,2014
Prepared: May 12, 2014
Dept. Head Signature: '
# of Attachments: , 67
SUBJECT: Resolution approving a variance to the requirements of the Subdivision
Ordinance in Section 2.3 (1) Final Plat Submittal, Section 5.1 Preliminary Plat
requirements, and Section 5.2 Final Plat requirements and resolution approving the request
by Ekho Ridge Condos L.C. for the Preliminary and Final plat of Silas Klingaman Addition,
located at the southwest corner of West Fourth Street and Ranchero Road.
Submitted by: Noel Anderson, Community Planning & Development Director
Recommended City Council Action: Approval of the variance to the Subdivision
Ordinance and approval of the Preliminary and Final plat of Silas Klingaman Addition.
Summary Statement: Transmitted herewith is the request by Ekho Ridge Condos L.C.
for the 1 -lot Preliminary & Final Plat of Silas Klingaman Addition, to allow for residential
construction, generally located at the southwest corner of West Fourth Street and Ranchero
Road. Please find attached the following documents:
RON
WELPER ° Staff report
Ward 5
° Aerial photograph of the area
TOM 0
Final Plat
LIND Deed of Dedication
At -Large 0 Certificate of Survey
STEVE 0 Report of the City Engineer
SCHMITT
At -Large The Planning and Zoning Commission voted 6-0 to approve the Preliminary and Final plat
at their meeting on May 6, 2014.
The Preliminary & Final Plat consists of 1 lot, which will allow residential development.
The Preliminary & Final Plat covers 1.757 acres. Said lot would have width of approximately
354 Feet and depth of 216 Feet.
The applicant has submitted a preliminary and final plat document that does not show all
of the required information as required by the Subdivision Ordinance, however, given the
minor nature of the split, essentially only changing the name of the plat for the existing lot,
it would not appear that the additional information is needed for review of the plat. The
Ordinance also requires that a preliminary plat be approved prior to approval of the final
CITY WEBSITE: www.ci.waterloo.ia.us
WE'RE WORKING FOR YOU!
An Equal Opportunity/Affirmative Action Employer
plat. The Subdivision Ordinance states that the City Council may vary the requirements if the
purpose of the regulations are served to a greater extent by an alternative proposal.
Therefore, we would ask that the City Council adopt a resolution approving a variance to the
requirements of the Subdivision Ordinance in Section 2.3 (1) Final Plat Submittal, Section 5.1
Preliminary Plat requirements, and Section 5.2 Final Plat requirements, and approve the Preliminary
and Final Plat of Silas Klingaman Addition.
Expenditure Required: None
Source of Funds: N/A
Policy Issue: Plat Approval
Alternative:
Background Information:
The area was previously platted as a part of Ekho Ridge Addition and is currently known as lot No
2. Ekho Ridge was originally platted in April of 2002 consisting of 2 lots and Tracks "A" through
"D". Since then Lot 1, which was 13.22 acres, has been made into the Ekho Ridge Condominiums.
Lot 2 is the current lot in question and Tracts A, C & D were to be developed as an extension of
Ranchero Road. Tract B is the common detention area for the development.
Staff would note that information received from applicant does not meet all requirements for the
submission of a plat but the applicant would appear to be platting the single lot away from the
original plat to solely change the name of the subdivision. The lot appears to match existing
requirements for lots according to the subdivision ordinance. The additional details were provided
when the area was originally platted, and essentially nothing is changing other than the name of the
plat.
AS:AV
cc: Noel Anderson, Community Planning and Development Director
Eric Thorson, City Engineer
Dennis Gentz, Assistant City Engineer
--file--
REQUEST:
APPLICANT(S):
GENERAL
DESCRIPTION:
IMPACT ON
NEIGHBORHOOD
VEHICULAR &
PEDESTRIAN
TRAFFIC:
TRAIL PLAN:
ZONING HISTORY
FOR SITE AND
IMMEDIATE VICINITY:
BUFFERS
REQUIRED/ NEEDED:
DRAINAGE:
DEVELOPMENT
HISTORY:
FLOODPLAIN:
PUBLIC/OPEN
SPACES/SCHOOLS:
UTILITIES: WATER,
SANITARY SEWER,
STORM SEWER.
May 6, 2014
Request for the Preliminary & Final plat of Silas Klingaman
Addition Lot 1, located at the southwest corner of West Fourth
Street and Ranchero Road.
Wayne Claassen Engineering & Surveying on behalf of Ekho
Ridge Condos L.C.
This request would create 1 lot on 1.757 acres for residential
development, replatting an existing lot of the same size and
dimension.
The request would not appear to have a negative impact on
the area.
The lot would be served by existing utilities in the area.
There is a recreational trail located on the north side of West
Shaulis Road approximately a half mile to the south.
The site is zoned "R-3, RP" Planned Residence District and
has been since June 7,1993 Ordinance No.3946 when it was
rezoned from "A-1" Agricultural District.
North- "R-3, RP" Planned Residence District.
East- "R-1"- One & Two Family Residence District.
South- "R-3, RP" Planned Residence District.
West- "R-3, RP" Planned Residence District.
The request would not require any buffering by ordinance
standards.
Platting of the land in question would not appear to have a
negative impact upon drainage in the surrounding area.
Surrounding single family homes and condos were
constructed in the 1970's until present day.
The lot in question is not located within a floodplain as
indicated by the Federal Insurance Administration's Flood
Insurance Rate Map, Community Number 19013CO284F,
dated July 18, 2011.
Prairie Grove Park is located approximately a quarter mile to
the south.
The plat shows a 30 foot building line along the north and east
sides of the lot. The plat shows existing sanitary sewer lines
and waterlines running into the center of the lot from the
center of Ranchero Road to serve the lot. There is a sanitary
sewer line and storm sewer in the center of Ranchero Road. A
Silas Klingaman Addition Preliminary & Final Plat Page 1 of 2
May 6, 2014
water main is shown within the right-of-way north of Ranchero
Road. A water main line and storm sewer line are shown
through the center of West Fourth Street.
RELATIONSHIP TO The Future Land Use Map designates the area in question as
COMPREHENSIVE Mixed Residential. This request would be in compliance with
LAND USE PLAN: such designation. The site is located within the Primary
Growth Area as designated on the Growth Area Map within the
Comprehensive Plan.
STAFF ANALYSIS — The preliminary and final plat shows 1 lot with 1.757 acres on
ZONING ORDINANCE: the corner of Ranchero Road and West Fourth Street.
The area was previously platted as a part of Ekho Ridge
Addition and is currently known as lot No 2. Ekho Ridge was
originally platted in April of 2002 consisting of 2 lots and
Tracks "A" through "D". Since then Lot 1, which was 13.22
acres, has been made into the Ekho Ridge Condominiums.
Lot 2 is the current lot in question and Tracts A, C & D were to
be developed as and extension of Ranchero Road. Tract B is
the common detention area for the development.
Staff would note that information received from applicant does
not meet all requirements for the submission of a plat but the
applicant would appear to be platting the single lot away from
the original plat to solely change the name of the subdivision.
The lot appears to match existing requirements for lots
according to the subdivision ordinance. The additional details
were provided when the area was originally platted, and
essentially nothing is changing other than the name of the
plat.
STAFF ANALYSIS — The Subdivision Ordinance requires that preliminary and final
SUBDIVISION plat submissions include such criteria as boundaries of
ORDINANCE: property, proposed streets, easements, and widths of right-of-
way, contours, and utility locations. Most of which are provided
on the preliminary & final plat. Since the lot appears to be a
replat of an existing lot with exact dimensions and the purpose
of the plat is to solely change the name of the subdivision the
information submitted would appear to be sufficient for the
request.
Silas Klingaman Addition Preliminary & Final Plat Page 2 of 2
May 6, 2014
STAFF Therefore, staff recommends that the request for the
RECOMMENDATION: Preliminary & Final Plat of Silas Klingaman Addition be
approved for the following reasons:
1. The plat is in accordance with the Subdivision Ordinance
with minor exceptions that do not appear to negatively
affect 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 mixed
residential.
3. The plat would appear to only be changing the name of the
subdivision of the lot.
Silas Klingaman Addition Preliminary & Final Plat Page 3 of 2
Silas Klingaman Addition Lot 1
Note:
Base map data source a Bleck Hawk County.
This map does not represent a survey, no liability
assumedis for theaccuracy of the date delineated herein,
eitheexpressed or implied by Black Hawk County, the
Black Hawk County Assessor, or their employees.
The City of Waterloo makes no warranty, express or
implied, as to the accuracy of the information shown
on Ohs map, and expressly disclaims liability for the
accuracy thereof. Users should refer to official
plats, surveys, recorded deeds, etc. located at the
Black Hawk County Assessor's Office for complete
and accurate information.
100 200
400
Fee
WAYNE CLAASSEN ENGINEERING AND SURVEYING, INC.
P.O. BOX 898 WATERLOO, IOWA 50704-0898
0 100
1 INCH = 100 FEET
SURVEY LEGEND:
PHONE: (VOICE) 319-235--6294
(FAX) 319-235-0028
PRELIMINARY 8( FINAL PLAT
SILAS KLINGAMAN ADDITION
• DENOTES FOUND PIN & YELLOW
CAP #8033
(UNLESS NOTED OTHERWISE)
Q DENOTES 1/2" X 24" STEEL
REBAR W/ RED PLASTIC
CAP W/ NO. 16775 SET
000.00 DENOTES RECORD DIMENSION
(000.00) DENOTES FIELD DIMENSION
ky DENOTES WATER CURB STOP
Z( DENOTES FIRE HYDRANT
EXISTING STORM SEWER
EXISTING SANITARY SEWER
EXISTING WATER MAIN
—sTU— DENOTES
-SAN- DENOTES
WAT- DENOTES
Reptot of Lot Two (02),
Ekho Ridge Addition To the city of
Waterloo, Block Hawk County, Iowa
Survey for: C. Kevin McCrindle Low
Proprietor Ekho Ridge Condos L.C.
(S 55'09' 49" E-104 7.9 5' )
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30' BUILDING UNE
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SUBDIVISION
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WAYNE CLAASSEN ENGINEERING AND SURVEYING, INC. PHONE: (VOICE) 319-235-6294
P.O. BOX 898 WATERLOO, IOWA 50704-0898 (FAX) 319-235-0028
PRELIMINARY & FINAL PLAT
SILAS KLINGAMAN ADDITION
Replat of Lot Two (02).
Ekho Ridge Addition To the city of
Waterloo, Block Hawk County. lowo
Survey for: C. Kevin McCrindle Law
Proprietor: Ekho Ridge Condos L.C.
SHEET 1 OF
LEGAL DESCRIPTION
Silas Klingaman Addition
That part of the East One—half (E1/2) of Section Seven (07), Township Eighty—eight North (T88N),
Range Thirteen West (R13W) of the Fifth Principal Meridian. City of Waterloo. Block Hawk County. Iowa,
described as follows
Lot Two (02), Ekho Ridge Addition To the city of Waterloo. Block Hawk County, Iowa.
C
E
SFIELD BOOK 698-30
2
This Plot or Subdivision has been reviewed by (City of Waterloo)
Signature of (City of Waterloo) Date
Zoning Ordinance Administrator
CERTIFICATION
t hereby certify that this land surveying document wos prepared and the related
survey work was performed by me or under my direct personal supervision and
that I om a duly Licensed Land Surveyor under the laws of the State of Iowa.
Date of Survey. February '• 2014
Signature
Oavid L Sche1, LS.
Dote' 20 License No
Pages or Sheets Covered by this Seal2
My license renewal date in December 31, 2014
16775
'ON 311.E S3J
DEED OF DEDICATION
FOR
SILAS KLINGAMAN ADDITION
CITY OF WATERLOO, BLACK HAWK COUNTY, STATE OF IOWA
The undersigned Ekho Ridge Condos, L.C., an Iowa limited liability company, with its principal
place of business in Waterloo, Iowa, as the owner and lessor of real estate hereinafter described for the
term ending December 31, 2100, ("Owner and Lessor"), and EKHO Ridge Development L.C., as the sole
lessee of the real estate hereinafter described ("Lessee"), an Iowa limited liability company, with its
principal place of business in Waterloo, Iowa (collectively referred to as "Plattors"), are desirous of
platting the real estate described as follows:
See attached copy of legal description.
and laying out a new addition in the City of Waterloo, Black Hawk County, Iowa, hereby dedicates and
sets apart said real estate as set out on the attached plat of Wayne Claassen Engineering and Surveying,
Inc., dated which shows the real estate platted to be hereinafter known and called SILAS
KLINGAMAN ADDITION TO THE CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA, said
dedication with the free consent and in accordance with the desires of the undersigned owner and
proprietor. Said real estate may be used for any purpose or purposes permitted by the zoning ordinances
of the City of Waterloo as the same may be changed from time to time.
The undersigned are both Manager -managed, Ms. Klingaman is authorized to execute this Deed of
Dedication on behalf of both companies and this conveyance is in the ordinary course of business of both
companies.
Dated at Waterloo, Iowa this of April, 2014.
EKHO RIDGE DEVELOPEMNT L.C.
By:
EKHO RIDGE CONDOS, L.C.
By:
Kristin J. Klingaman, Manager Kristin J. Klingaman, Manager
STATE OF IOWA )
) ss.
COUNTY OF BLACK HAWK )
This instrument was acknowledged before me on the _ day of , 2014, by
Kristin J. Klingaman as manager of Ekho Ridge Condos, L.0 and as manager of Ekho Ridge
Development, L.C.
Notary Public, State of Iowa
CERTIFICATE OF SURVEY
I, David L. Schell, Licensed Land Surveyor, do hereby certify that I have made a survey of what is to
be known as Silas Klingaman Addition to the City of Waterloo, Black Hawk County, Iowa, which
is located on and embraces the following premises, to wit:
That part of the East One-half (E1/2) of Section Seven (07), Township Eighty-eight North (T88N),
Range Thirteen West (R13W) of the Fifth Principal Meridian, City of Waterloo, Black Hawk County,
Iowa, described as follows:
Lot Two (02), Ekho Ridge Addition To the city of Waterloo, Black Hawk County, Iowa.
I further certify that the accompanying plat is a true representation of said survey and is made
in accordance with my field notes thereof; that the location of streets, avenues and lots and their
representative names, numbers, width, courses and dimensions are to be as shown on the
accompanying plat; that said survey and plat contain and show any excesses and/or deficiencies from
former surveys, and that iron stakes will be set at all lot corners within one (1) month of approval of
the Fins! Plat.
WITNESS my hand and seal at Waterloo, Iowa, this day of , 2007.
p -David's files/Celt of Survey Silas Klingaman Addition
David L. Scheil
L.S. No 16775
State of Iowa
My license renewal date is December 31, 2008.
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
May 8, 2014
9131
9641
Aric Schroeder, City Planner
Planning, Programming & Zoning Commission
Waterloo City Hall
Waterloo, IA 50703
RE: PRELIMINARY PLAT
SILAS KLINGAMAN ADDITION
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,
/ 01#
ennis Gentz, P.E.
Assistant City Engineer
CITY WEBSITE: www.cityofwaterlooiowa.com
WE'RE WORKING FOR YOU!
An Equal Opportunity/Affirmative Action Employer
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
May 8, 2014
9131
9641
Aric Schroeder, City Planner
Planning, Programming & Zoning Commission
Waterloo City Hall
Waterloo, IA 50703
RE: FINAL PLAT
SILAS KLINGAMAN ADDITION
Dear Aric:
This final plat has been reviewed, and it has been determined that it meets the
requirements of the applicable portions of Section 3, 4 and 5 of Ordinance
2997, Subdivision Ordinance.
It is recommended that this final plat be approved.
Dennis 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. 2014-394
RESOLUTION GRANTING VARIANCE TO THE
REQUIREMENTS OF THE SUBDIVISION ORDINANCE IN
SECTION 2.3(1) FINAL PLAT SUBMITTAL, SECTION
5.1 PRELIMINARY PLAT REQUIREMENTS, AND
SECTION 5.2 FINAL PLAT REQUIREMENTS, FOR
SILAS KLINGAMAN ADDITION.
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA,
that the variance to the requirements of the Subdivision
Ordinance in Section 2.3(1) Final Plat Submittal, Section 5.1
Preliminary Plat Requirements, and Section 5.2 Final Plat
Requirements, for Silas Klingaman Addition, be and the same is
hereby approved.
PASSED AND ADOPTED this 19th day of May, 2014.
.1/A":d
Ernest G. Clark, Mayor
ATTEST:
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.
RESOLUTION NO. 2014-395
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
WATERLOO, IOWA, APPROVING THE PRELIMINARY AND
FINAL PLAT AND NECESSARY DOCUMENTS OF SILAS
KLINGAMAN ADDITION IN THE CITY OF WATERLOO,
BLACK HAWK COUNTY, IOWA.
WHEREAS, on this 19th day of May, 2014, at a regular meeting
of the City Council of the City of Waterloo, Iowa, the
Preliminary and Final Plat of Silas Klingaman Addition, Waterloo,
Black Hawk County, Iowa, was presented for approval, and
WHEREAS, said Preliminary and Final Plat has been previously
submitted to and has been approved by the Waterloo City Planning,
Programming and Zoning Commission, and
WHEREAS, said Preliminary and Final Plat has been considered
and should receive approval of this Council.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF WATERLOO, IOWA, that the Preliminary and Final Plat of
Silas Klingaman Addition, 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 19th day of May, 2014.
ATTEST:
Suzy Scha�res, CMC
City Clerk
rnest 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 Resolution No. 2014-395, as passed and adopted by the Council
of the City of Waterloo, Iowa, on the 19th day of May, 2014.
Witness my hand and seal of office this 19th day of May,
2014.
SEAL
Suzy Schaes, CMC
City Cler
CITY OF WATERLOO
Council Communication
City Council Meeting: May 19, 2014
Prepared: May 12, 2014
Dept. Head Signature: Eric Thorson, PE., City Engineer
# of Attachments:
SUBJECT: PROI'ESSIONAL SERVICES AGREEMENT
F.Y. 2015 GERALDINE ROAD - PHASE III
CITY CON'I'ItACT NO. 871
RM -8155(742)-9D-07
Submitted by: Teff Bales, Associate Engineer
Recommended City Council Action:
Staff has reviewed this agreement and recommends Council approve this document and authorizes
Mayor to sign and enter into said agreement.
Summary Statement
Transmitted herewith is the Professional Services Agreement with JDE Engineering, for the design
engineering services for the F.Y. 2015 Geraldine Road — Phase III
This agreement is available in the City Clerk's office if you wish to review it in its entirety.
Expenditure Required
The cost of this agreement is not to exceed fifty-two thousand seven hundred fifty dollars ($52,750), and
shall not be exceeded without authorization of the City.
Source of Funds RISE Funds - $26,375 and Local Option Sales Tax - $26,375
Policy Issue N/A
Alternative N/A
Background Information
This project has been awarded RISE Funding by the DOT Commission and includes a 1394 -ft.
extension of Geraldine Road to tie into Airline Highway.
(319) 464-7913
April 24, 2014
402 E. 4th Street, Suite 101, Waterloo, I.a 50703 jdeengdIpctel.net
GERALDINE ROAD EXTENSION — PHASE 3
UTILIZING REVITALIZE IOWA SOUND ECONOMY
(RISE) PROJECT FUNDING
PROFESSIONAL SERVICES AGREEMENT
WHEREAS, the City of Waterloo, Iowa ("City") desires to extend Geraldine Road approximately 1,400 feet to the
west and north to promote the continued development of the South Port Industrial Area in northwest portion of
Waterloo, Iowa, and
WHEREAS, 1DE Engineering, PLC ("Consultant") of Waterloo, Iowa desires to provide design services related to
the development of the Geraldine Road Extension — Phase 3,
NOW THEREFORE, it is mutually agreed that this Professional Services Agreement shall consist of the following:
I. SCOPE OF SERVICES
• Obtain survey information for the selected area,
• Obtain soil boring information for the selected area,
• Develop preliminary plan set documents using aerial photography and survey information,
• Conduct a field investigation to document the location of existing features,
• Incorporate existing feature information into plan set documents,
• Design roadway pavement and corresponding storm water drainage inlets and piping for the
proposed 1,400 roadway extension,
• Develop an erosion control plan for the light industrial subdivision area,
• Develop a regional storm water retention basin for the light industrial area,
• Incorporate existing and proposed utility information into the construction plan set,
• Obtain necessary permitting from the Iowa Department of Natural Resources and Iowa Department
of Transportation related to storm water runoff, sanitary sewer main construction, and water main
extension,
• Compile a listing of estimated quantities for use in bidding of the project to contractors, and
• Develop final plan set and specification documents for bidding of the project to contractors.
1
II. TIME OF BEGINNING AND COMPLETION
The project shall begin following approval of the City Council and execution of this agreement by the
Mayor of the City of Waterloo. Completion of design services is anticipated by the end of July of 2014.
Below is an anticipated schedule for development of the project:
® Approval of the Design Agreement May 2014
® Obtain Survey Information May 2014
® Obtain Existing Soil Information May 2014
• Preliminary Plan and Specifications Submittal Mid -June 2014
• Final Plan and Specification Submittal End of July 2014
III. COMPENSATION
The fee for the work detailed under "Section I. Scope of Services" is based on anticipated time -and -
materials necessary to complete the work. Surveying services will be performed under this contract by
Fehr Graham Engineering and Environmental of West Union, Iowa. Material testing services will be
performed under this contract by Terracon Consultants, Inc. of Cedar Falls, Iowa. The total cost of this
project is estimated to be $52,750. This fee is considered a maximum not -to -exceed cost.
IV. TERMS AND CONDITIONS
The attached Terms & Conditions are considered part of this agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Professional Services Agreement as of the dates
shown below:
.IDE ENGINEERING, PLC
1)
•
Jim D. Ellis, P.E. Date
CITY OF WATERLOO, IOWA
Ernest G. Clark, Mayor Date
2
Standard Terms and Conditions
JDE Engineering, PLC (hereinafter referred to as ("IDE") shall perform the services outlined in this agreement for the stated fee
arrangement. Following are general items applicable to this agreement:
Standard of Care: In providing services under this Agreement, JDE shall perform in a manner consistent with that degree of care and
skill ordinarily exercised by members of the same profession currently practicing under similar circumstances at the same time and in
the same, or similar, locality. IDE makes no warranty, express or implied, as to its professional services rendered under this Agreement.
Fees: The anticipated fee for time and materials, if stated, shall be understood to be an estimate. All incurred expenses relating to the
agreed upon project shall be invoiced back to the customer at 110%. These expenses may include, but are not limited to, mileage, legal
fees, software fees, plotting and copying fees, permitting fees, and travel expenses. Mileage reimbursement shall be $ 0.60 per mile.
Where the fee arrangement is to be on an hourly basis, the rates used shall be those that prevail at the time services are rendered.
Currently rates are as follows:
Project Manager
Design Engineer
Drafting Technician
Construction Observation Technician
Administrative Assistant
$95 per hour
$95 per hour
$75 per hour
$75 per hour
$40 per hour
Billings/Payments: Invoices for JDE's services shall be submitted at JDE's option. JDE may submit invoices either upon completion of
the services or throughout the life of the project. Invoices shall be paid within 30 days of the invoice date. If the invoices are not paid
within 30 days, JDE may terminate all services, and any of its other obligations, under this Agreement, free of any and all liability, and
shall be entitled to any remedy available at law or equity. Only a JDE officer has authority to enter into alternative payment
agreements. No secondary payment agreement shall be binding upon IDE unless agreed to in writing by a company officer.
Late Payments: Invoices that are not paid within 30 days of the invoice date may be assessed a Late Fee of 1.5% per month from the
date of invoice. The Client shall pay all costs including court costs, and reasonable attorney fees, associated with collecting any unpaid
balance.
Hazardous Material Indemnity: The Client agrees, notwithstanding any other provisions of this Agreement, to the fullest extent
permitted by law, to indemnify and hold harmless JDE, its officers, partners, employees, and sub -consultants (collectively, JDE) from and
against any and all claims, suits, demands, liabilities, losses, damages, or costs, including reasonable attorney fees and defense costs,
arising out of, or in any way connected with, the detection, presence, handling, removal, abatement, or disposal of any asbestos,
hazardous, or toxic substances, products or materials that exist on, about, or adjacent to the Project Site, whether liability arises under
breach of contract or warranty, tort, including negligence, strict liability, or statutory liability, regulatory, or any other cause of action,
except for the sole negligence or willful misconduct of JDE.
Indemnification: The Client shall indemnify and hold IDE harmless from, and against any and all claims, losses, and expenses (including
reasonable attorney fees) arising out of, or resulting from the performance of, the services, provided that any such claim, damage, loss,
or expense is caused in whole or in part, by the negligent act, omission, and/or strict liability of the Client, anyone directly or indirectly
employed by, or in a contractual relationship with, the Client (except JDE), or anyone for whose acts of them may be liable.
Dispute Resolution: Any claims or disputes between the Client and JDE arising out of the services to be provided by IDE, or out of this
Agreement, shall be submitted to non-binding mediation. The Client and JDE agree to include a similar mediation agreement with all
contractors, sub -consultants, sub -contractors, suppliers, and fabricators, providing for mediation as a primary method for dispute
resolution among all parties.
Limitation of Liability: In recognition of the relative risks and benefits of the Project to both the Client and JDE, the risks have been
allocated such that the Client agrees that, to the fullest extent permitted by law, ME's total liability to the Client for any and all injuries,
damages, claims, losses, expenses, or claim expenses arising out of this Agreement from any cause or causes, shall not exceed the
amount of JDE's fee related to the Agreement. This limitation shall apply regardless of the cause of action or legal theory pled or
asserted.
Access to Site: Unless otherwise stated, JDE will have access to the site for activities necessary for the performance of JDE's services.
IDE will take reasonable precautions to minimize damage due to these activities, but has not included in the fee the cost of restoration
of any resulting damage, and will not be responsible for such costs.
1
Jobsite Safety: Neither the professional activities of JDE, nor the presence of JDE, or its employees and sub -consultants at the
construction/project site, shall impose any duty on JDE, nor relieve the General Contractor of its obligations, duties, and responsibilities
including, but not limited to, construction means, methods, sequence, techniques, or procedures necessary for performing,
superintending, and coordinating the Work in accordance with the Contract Documents, and any health or safety precautions required
by any regulatory agencies. JDE and its personnel have no authority to exercise any control over any construction contractor or its
employees in connection with their work, or any health or safety programs or procedures. The Client agrees that the General
Contractor shall be solely responsible for jobsite and worker safety, and warrants that this intent shall be carried out in the Client's
contract with the General Contractor.
Information Provided by Others: The Client shall furnish, at the Client's expense, all information, requirements, reports, data, surveys,
and instructions required by this Agreement. IDE may use such information, requirements, reports, data, surveys, and instructions in
performing its services, and is entitled to rely upon the accuracy and completeness thereof. JDE shall not be held responsible for any
errors or omissions that may arise as a result of erroneous or incomplete information provided by the Client and/or the Clients
consultants and contractors.
Termination of Services: This agreement may be terminated by the Client, or JDE, should the other party materially breached this
Agreement. Nonpayment by the Client shall be a material breach of this Agreement. In the event of termination, the Client shall pay
JDE for all services rendered up to, and including, the date of termination, all expenses associated with the project, and termination
expenses (including attorney fees).
Ownership of Documents: Documents produced by JDE under this agreement (including data, documents, drawings, specifications,
and reports) shall become the property of the Client upon full receipt by JDE of the agreed upon compensation. The drawings and data
submitted by JDE to Client are submitted for an acceptance period of two (2) years. Any defects Client discovers during this period will
be reported to JDE and will be corrected as part of JDE's Basic Scope of Services. Correction of defects detected and reported after the
acceptance will be compensated as Additional Services. Client shall have the right to use the drawings and data for the purpose of
construction, operation, and maintenance of the designed project. Client shall make no claim against JDE, resulting in any way from an
unauthorized change or reuse of the drawings and data for any other project by anyone. In addition, Client agrees, to the fullest extent
permitted by law, to indemnify and hold JDE harmless from any damage, liability or cost, including reasonable attorney fees and costs of
defense, arising from any changes made by anyone other than JDE. Under no circumstances shall transfer of the drawings and data,
and other instruments of service, on electronic media for use by Client be deemed a sale by JDE, and JDE makes no warranties, either
expressed or implied, of merchantability and fitness for any particular purpose.
On -Site Observation: On-site observation of Contractor's work is not part of JDE's work, unless explicitly a part of the Scope of Services.
If on-site observation of Contractor's work is a part of this Agreement, JDE shall make visits to the site at intervals appropriate to the
various stages of construction, as JDE deems reasonable. Site visits are for the limited purpose of becoming generally familiar with the
process and quality of the work completed, and to determine, in general, if the work is being performed in a manner, indicating that the
work when completed, will be in accordance with the contract documents. However, JDE shall not be required to make exhaustive or
continuous on-site inspections to check the quality, or quantity, of the work. JDE does not guarantee or warrant the performance of
the Contractor. JDE is not responsible for instruction means, methods, techniques, sequence, procedures, time of performance, or
programs in connection with the construction work. JDE is not responsible for Contractor's failure to execute the work in accordance
with the contract documents. JDE is not responsible in any way for Contractor's, Sub -contractor's, or their agents or employees
compliance with OSHA, federal, state, or local laws or regulations. JDE is not responsible for Project oversight safety. Project and site
safety shall be the sole responsibility of the Contractor. JDE shall not have control over, be in charge of acts, or be held responsible for
omissions of the Contractor, Sub -contractor, or their agents or employees, or any other persons performing portions of the work. Given
the foregoing, Client also shall, to the fullest extent permitted by law, waive any claim against JDE, and indemnify, defend, and hold JDE
harmless from any claim or liability for injury or loss arising from JDE's alleged failure to exercise site safety responsibility. Client also
shall compensate JDE for any time spent, or expenses incurred, by JDE in defense of any such claim. Such compensation shall be based
upon JDE's prevailing fee schedule and expense reimbursement policy.
Force Majeure: JDE shall not be responsible, or liable, for any damages or delay, including, but not limited to, those which arise from
Acts of God, strikes, walkouts, accidents, Governmental Acts, or other events beyond the control of JDE.
Applicable Laws: This Agreement shall be governed by the laws of the State of Iowa.
Time an Estimate or Quote is Considered Valid: Estimates or Quotes are valid for 45 days from date of issue, and are subject to re-
pricing after 45 days.
2
Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo,
715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323.
RESOLUTION NO. 2014-396
RESOLUTION APPROVING PROFESSIONAL SERVICES
AGREEMENT WITH JDE ENGINEERING, PLC OF
WATERLOO, IOWA AND DIRECTING EXECUTION OF
SAID AGREEMENT BY MAYOR.
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA,
that the Professional Services Agreement dated May 19, 2014, in
an amount not to exceed $52,750.00, for design services for the
F.Y. 2015 Geraldine Road - Phase III, Contract No. 871, by and
between JDE Engineering, PLC of Waterloo, Iowa and the City of
Waterloo, Iowa, be and the same is hereby approved, and the Mayor
authorized to execute the same in behalf of the City of Waterloo,
Iowa.
PASSED AND ADOPTED this 19th day of May, 2014.
ATTEST:
-- ( _
Suzy Sch s, C
City Cle k
Ernest//a141
/Clar
.ayor
CITY OF WATERLOO
Council Communication
City Council Meeting: May 19, 2014
Prepared: May 13, 2014
Dept. Head Signature: Eric Thorson, PE., City Engineer
# of Attachments:
SUBJECT: CONSTRUCTION PLANS FOR PRIVATE SANITARY SEWER SERVING
KINSALE ADDITION
and
SEWAGE TREATMENT AGREEMENT DNR FORM 29 (Nov 00)
for the DEPARTMENT OF NATURAL RESOURCES
Submitted by: Dennis Gentz, P.E., Assistant City Engineer
Recommended City Council Action:
These construction plans have been reviewed by this office regarding construction and
specification standards. Because they appear to meet acceptable standards, we recommended
these construction plans be approved by the City Council.
It is also recommended that the Mayor be authorized to sign the attached Treatment Agreement
DNR Form 29 (Nov 00) with the Department of Natural Resources, and that the final acceptance
of the attached construction plans be subject to the review and acceptance by the DNR.
Summary Statement
Transmitted herewith are the private sanitary sewer construction plans serving KINSALE
ADDITION, Waterloo, Iowa, as submitted by Brain Engineering, Inc., of Cedar Rapids, Iowa.
Expenditure Required N/A
Source of Funds N/A
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. 2014-397
RESOLUTION APPROVING CONSTRUCTION PLANS FOR
PRIVATE SANITARY SEWER SERVING KINSALE
ADDITION AS SUBMITTED BY BRAIN ENGINEERING,
INC. OF CEDAR RAPIDS, IOWA, AND SEWAGE
TREATMENT AGREEMENT DNR FORM 29 (NOV 00) WITH
IOWA DEPARTMENT OF NATURAL RESOURCES, AND
THAT THE FINAL ACCEPTANCE OF CONSTRUCTION
PLANS BE SUBJECT TO THE REVIEW AND ACCEPTANCE
BY THE DNR, AND DIRECTING EXECUTION OF SAID
AGREEMENT BY MAYOR.
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA,
that the Construction Plans for sanitary sewer serving Kinsale
Addition as submitted by Brain Engineering, Inc. of Cedar Rapids,
Iowa, and Sewage Treatment Agreement DNR Form 29 (NOV 00) with
Iowa Department of Natural Resources and that the final acceptance
of construction plans be subject to the review and acceptance by
the DNR, be and the same are hereby approved, and the Mayor
authorized to execute the same in behalf of the City of Waterloo,
Iowa.
PASSED AND ADOPTED this 19th day of May, 2014.
ATTEST:
zy Sch res,
City Cle k
CMC
rnest G. C ark, Mayor
Mayor
BUCK
CLARK
COUNCIL
MEMBERS
DAVID
JONES
Ward 1
CAROLYN
COLE
Ward 2
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: May 19, 2014
Prepared: May 8, 2014
Dept. Head Signature:
# of Attachments: 1
Rudy D. Jones` Comniunity Development Director
SUBJECT: IEDA New Construction Contract 08-DRH-211
Contract Amendment No. 16
Submitted by: Nancy Gulick, Community Development Coordinator
PATRICK
MORRISSEY Recommended City Council Action:
Ward 3 Authorize Mayor to sign Contract Amendment No. 16 for submission to the Iowa
QUENTIN M. Economic Development Authority.
HART
Ward 4 Summary Statement
The Iowa Economic Development Authority amended the New Construction Contract
RON
WELPER indicated above for the City of Waterloo to decrease the award amount from $2,115,662.00
Wards to $1,833,263.00 as of April 28, 2014. See Attachment A for budget breakdown.
TOM
LIND
At -Large
STEVE
SCHMITT
At -Large
Expenditure Required None.
Source of Funds: Iowa Economic Development Authority.
Background Information: As one of eleven CDBG Disaster Recovery Recipients, funds
were targeted and tied to communities that lost single-family housing as a result of the
disasters of 2008.
Attachment
J:\ANN-N\YEARDATA\IDED GRAN -112009 New Construction\MC-Authorize Contract Amendment 16.docx
Cc: Noel Anderson, CPD Director
EQUAL HOUSING
OPPORTUNITY
CITY WEBSITE: www.cityofwaterlooiowa.com
WE'RE WORKING FOR YOU!
An Equal Opportunity/Affirmative Action Employer
IOWA ECONOMIC DEVELOPMENT AUTHORITY
200 East Grand Avenue I Des Moines, Iowa 50309 USA I Phone: 515.725.3000
iowaeconomicdevelopment.com
May 5, 2014
The Honorable Ernest G. Clark, Mayor
City of Waterloo
City Hall - 715 Mulberry St.
Waterloo, IA 50703
SUBJECT: Contract Number 08-DRH-211, Amendment # 16
Dear Mayor Clark:
RECEIVE MAY 0 7 2014
The Iowa Economic Development Authority recently amended the CDBG Housing contract for the City of
Waterloo. Enclosed is the original document for this amendment. Review the document carefully, then sign
and return the original document to my attention. When the amendment is returned, I will secure the IEDA
signature and return a copy for your files. Failure to return the original document will result in unnecessary
delays in your ability to request funds.
If you have any questions please feel free to contact your Project Manager, Arm Schmid, at (515) 725-3078 or
e-mail at Ann.Schmid@iowa.gov.
Sincerely,
...1/2' I
Tim Metz
Contract and Compliance Manager
Enclosure
cc: Rudy D. Jones, City of Waterloo
Ann Schmid, IEDA
Governor Terry E. Branstad I Lt. Governor Kim Reynolds I Director Debi V. Durham
Iowa Economic Development Authority
Community Development Block Grant (CDBG) Program
Disaster Recovery
Contract Amendment
Recipient: City of Waterloo
Contract Number: 08-DRH-211
Contract Amendment Number: 16
Amendment Effective Date: April 28, 2014
The Iowa Economic Development Authority (IEDA) hereby amends the above referenced Community
Development Block Grant (CDBG) Program contract by clawing back unused funds in the amount of $110,027
from the Rental Rehab activity #731; $22,372 from the SFNC activity 871; and $150,000 from activity 872.
The contract by and between the Iowa Economic Development Authority ("Department or IEDA") and City of
Waterloo ("Recipient") is amended as of the date shown above as follows:
AMEND each Article in the Contract that refers to "Attachment A, Program Description and Budget" to
"Attachment A, Program Description and Budget, as amended."
AMEND AWARD AMOUNT from $2,115,662 to $1,833,263.
Except as otherwise revised above, the terms, provisions, and conditions of the Contract remain unchanged and
are in full force and effect.
RECIPIENT: City of Waterloo
Ernest G. Clark
BY:
Mayor, City of Waterloo
IOWA ECONOMIC DEVELOPMENT AUTHORITY
BY.
Timothy R. Waddell, Division Administrator
IOWA CDBG DISASTER RECOVERY HOUSING FUND PROGRAM DESCRIPTION & BUDGET
ATTACHMENT A
Name of Recipient: City of Waterloo
Contract Number: 08-DRH-211
PE FORMANCE
TARSETSIMEASURE
Units:
Assisted:
NATI )NAL
OB lE TIVE :
........... ...
DATE: April 28, 2014
To fief €led in
OrEginal;
Amendment
Proj'Mgr Sign:
Py:
;ID
Activity 1: 731 Rental Rehabilitation (Small, under 8 Units)
3 UNITS
3 UNITS
LMI
$64,973
Activity 2: 871 Single Family New Production
Round 2
for families <80% LMI
10 UNITS
LMI
$493,043
Activity 3: 872 Single Family New Production
Round 2
for families 80% - 100% UN
10 UNITS
UN
$515,300
Activity 4: 871 Single Family New Production
Round 3
for families <80% LMI
9 UNITS
LMI
$453,415
Activity 5: 872 Single Family New Production
Round 3
for families 80% - 100% UN
8 UNITS
UN
$252,085
Activity 6: 875 Multi -family New Production
0 UNITS
LMI
$0
GENERAL ADMINISTRATION 181
$54,447
TOTAL BUDGET:
$1,833,263
G:\BCF\Recipients\Disaster\08DRH\Waterloo - 211\Attachment A\AttachAAmend16.xlsx
Iowa Economic Development Authority
Community Development Block Grant (CDBG) Program
Disaster Recovery
Contract Amendment
Recipient: City of Waterloo
Contract Number: 08 DRH 211
Contract Amendment Number: 16
Amendment Effective Date: April 28, 2014
The Iowa Economic Development Authority (IEDA) hereby amends the above referenced Community
Development Block Grant (CDBG) Program contract by clawing back unused funds in the amount of $110,027
from the Rental Rehab activity #731; $22,372 from the SFNC activity 871; and $150,000 from activity 872.
The contract by and between the Iowa Economic Development Authority ("Department or IEDA") and City of
Waterloo ("Recipient") is amended as of the date shown above as follows:
AMEND each Article in the Contract that refers to "Attachment A, Program Description and Budget" to
"Attachment A, Program Description and Budget, as amended."
AMEND AWARD AMOUNT from $2,115,662 to $1,833,263.
Except as otherwise revised above, the terms, provisions, and conditions of the Contract remain unchanged and
are in full force and effect.
RECIPIENT: City of Waterloo
Ernest G. Clark
BY:
Mayor, City of Waterloo
IOWA ECONOMIC DEVELOPMENT AUTHORITY
BY:
Timothy R. Waddell, Division Administrator
Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo,
715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323.
RESOLUTION NO. 2014-398
RESOLUTION APPROVING AMENDMENT NO. 16 TO NEW
CONSTRUCTION CONTRACT NUMBER 08-DRH-211 WITH
THE IOWA DEPARTMENT OF ECONOMIC DEVELOPMENT
(IDED) AND DIRECTING EXECUTION OF SAID
AMENDMENT BY MAYOR.
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA,
that Amendment No. 16 to New Construction Contract Number 08-DRH-
211 dated May 19, 2014, for the Community Development Block Grant
(CDBG) Program, decreasing the award amount from $2,115,662.00.00
to $1,833,263.00 as of April 28, 2014, by and between the Iowa
Department of Economic Development (IDED) 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 19th day of May, 2014.
ATTEST:
uzy Scha
City Cler
, CMC
te0/est G. Clark, Mayor
Mayor
BUCK
CLARK
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: May 19, 2014
COUNCIL Prepared: May 08, 2014
MEMBERS
DAVID
JONES
Ward I
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
Dept. Head Signature:
No. of Attachments: 1
Rudy D. Jonegs
Community Development Director
SUBJECT: IEDA Contract 08-DRH-011
Contract Amendment No. 17
Submitted by: Nancy Gulick, Community Development Coordinator
Recommended City Council Action:
Authorize Mayor to sign Contract Amendment No. 17 for submission to the Iowa
Economic Development Authority.
Summary Statement:
The Iowa Economic Development Authority will amend Contract No. 08-DRH-011 for the
City of Waterloo to decrease the award amount by $3,029,809.00 to $2,942,363.00 for
Round 4 Single Family New Construction. See Attachment A for budget breakdown.
Expenditure Required: None.
Source of Funds: Iowa Economic Development Authority.
Background Information: As one of eleven CDBG Disaster Recovery Recipients, funds were
targeted and tied to communities that lost single-family housing as a result of the disasters of
2008.
Attachment
J:\ANN-N\YEARDATA\IDED GRANT\NC 08-DRH-011\MC-Contract Amendment 17.docx
Cc: Noel Anderson, CPD Director
EQUAL HOUSING
OPPORTUNITY
CITY WEBSITE: www.cityofwaterlooiowa.com
WE'RE WORKING FOR YOU!
An Equal Opportunity/Affirmative Action Employer
IOWA ECONOMIC DEVELOPMENT AUTHORITY
200 East Grand Avenue I Des Moines, Iowa 50309 USA Phone: 515.725.3000
iowaeconomicdevelopment.com
May 5, 2014
The Honorable Ernest G. Clark, Mayor
City of Waterloo
City Hall - 715 Mulberry St.
Waterloo, IA 50703
SUBJECT: Contract Number 08-DRH-011, Amendment # 17
Dear Mayor Clark:
RECEIVE) IAM 0 7 2014
The Iowa Economic Development Authority recently amended the CDBG Housing contract for the City of
Waterloo. Enclosed is the original document for this amendment. Review the document carefully, then sign
and return the original document to my attention. When the amendment is returned, I will secure the IEDA
signature and return a copy for your files. Failure to return the original document will result in unnecessary
delays in your ability to request funds.
If you have any questions please feel free to contact your Project Manager, Ann Schmid, at (515) 725-3078 or
e-mail at Ann.Schmid@iowa.gov.
Sincerely,
Itrj
Tim Metz
Contract and Compliance Manager
Enclosure
cc: Rudy D. Jones, City of Waterloo
Nancy Gulick, City of Waterloo
Ann Schmid, IEDA
Governor Terry E. Branstad I Lt. Governor Kim Reynolds I Director Debi V Durham
Iowa Economic Development Authority
Community Development Block Grant (CDBG) Program
Disaster Recovery
Contract Amendment
Recipient: City of Waterloo
Contract Number: 08-DRH-011
Contract Amendment Number: 17
Amendment Effective Date: April 28, 2014
The Iowa Economic Development Authority (IEDA) hereby amends the above referenced Community
Development Block Grant (CDBG) Program contract by clawing back unused funds from the SFNC activity
#871 in the amount of $ 87,446.
The contract by and between the Iowa Economic Development Authority ("Department or IEDA") and City of
Waterloo ("Recipient") is amended as of the date shown above as follows:
AMEND each Article in the Contract that refers to "Attachment A, Program Description and Budget" to
"Attachment A, Program Description and Budget, as amended."
AMEND AWARD AMOUNT from $3,029,809 to $2,942,363
Except as otherwise revised above, the terms, provisions, and conditions of the Contract remain unchanged and
are in full force and effect.
RECIPIENT: City of Waterloo
Ernest G. Clark
BY:
Mayor, City of Waterloo
IOWA ECONOMIC DEVELOPMENT AUTHORITY
BY:
Timothy R. Waddell, Division Administrator
IOWA CDBG DISASTER RECOVERY HOUSING FUND PROGRAM DESCRIPTION & BUDGET
ATTACHMENT A
DATE: April 28, 2014
Name of Recipient: City of Waterloo
•
Contract Number: 08-DRH-011
To be filled ry by
Original
IDED
Aiiendment #
17
pro, Mgr sign
AS
ACTIVITY DESCRIPTION:::"..
-NATIONAL
PERFi RMANCE:TARGET:SFMEAS€JRE
OBJECTIVE
'BUDGET
I
Activity 1: 971 Housing Repair/Rehabilitation
for families <80% LMI
$60,000 per unit maximum
5 UNITS
LMI
$100,648
Activity 2: 972 Housing Repair/Rehabilitation
for families 80 - 100% UN
$60,000 per unit maximum
1 UNIT
UN
$25,952
Activity 3: 981 Homebuyer Assistance
for families <80% LMI
$60,000 per unit maximum
0 UNITS
LMI
$0
Activity 4: 982 Homebuyer Assistance
for families 80 - 100% UN
$60,000 per unit maximum
0 UNIT
UN
$0
Activity 5: 992 Interim Mortgage Assistance
for families 0 - 100% UN
0 UNIT
UN
$0
Activity 6: 975 Jumpstart Express
for families <80% LMI
20 UNITS
LMI
$537,000
Activity 7: 976 Jumpstart Express
for families - 80 - 100% UN
7 UNITS
UN
$150,000
Activity 8: 871 Single Family Unit Production
New Construction <80% LMI
36 UNITS
LMI
$1,695,946
Activity 9: 872 Single Family Unit Production
New Construction - 80 - 100% UN
6 UNITS
UN
$363,148
GENERAL ADMINISTRATION 181
$69,669
TOTAL. BUDGET:
$2,942,363
G:\BCF\Recipients\Disaster\08DRH\Waterloo - 011\Attachment A\AttachAWaterloo 08-DRH-011 Amend17.xlsx
Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo,
715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323.
RESOLUTION NO. 2014-399
RESOLUTION APPROVING AMENDMENT NO. 17 TO
ROUND 4 SINGLE FAMILY NEW CONSTRUCTION
CONTRACT NUMBER 08-DRH-011 WITH THE IOWA
DEPARTMENT OF ECONOMIC DEVELOPMENT (IDED) AND
DIRECTING EXECUTION OF SAID AMENDMENT BY
MAYOR.
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA,
that Amendment No. 17 to Round 4 Single Family New Construction
Contract Number 08-DRH-011 dated May 19, 2014, for the Community
Development Block Grant (CDBG) Program, decreasing the award
amount from $3,029,809.00.00 to $2,942,363.00 as of April 28,
2014, by and between the Iowa Department of Economic Development
(IDED) 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 19th day of May, 2014.
K/f
Ernest G. Clark, 4yor
ATTEST:
Suzy Sch res; CMC
City Cle k
CITY OF
IOWA
vOF WATER WASTE MANAGEMEN°TR 3 Fax (319) 291 4523
3505 Easton Ave.
• Waterloo, IA 50702 • ( ) 2SE'CEs
CITY OF WATERLOO
Council Communication
City Council Meeting: /19/2014
Prepared: 5/14/2014 / ,�-
Dept. Head Signature:
# of Attachments: 2
SUBJECT: Professional Service Agreement - CIP Pipe Lining City Contract 866
Submitted by: Larry N. Smith, Superintendent WMS
Recommended CityCouncil Action: Attached for your consideration
is aerloo. Professional
is Service
to
Agreement
be
Agreement between AECOM Technical Services and the City of
eerin for the construction -related services for the CIP Pipe Lining Project, City
provide the engtn g
Contract 866.
lace pipe lining of approximately
Summary Statement: The project consists of cured- o�mately 110 sanitary sewer manholes in
24,000 LF of sanitary sewer and rehabilitation of app
Sewer Service Area Nos. 15
Expenditure Required: $63,200.00
Source of Funds: Sewer Bonds
Policy Issue
Alternative
Background Information: The contract for constructing the CIP pipe lining was awarded in
March to Municipal Pipe Tool Co. of Hudson Ia.
CITY WEBSITE: www.cityofwaterlooiowa.com
WE'RE WORKING FOR YOU!
An Equal Opportunity/Affirmative Action Employer
AZCOM
AECOM
501 Sycamore Street
Suite 222
Waterloo, Iowa 50703
www.aecom.com
319-232-6531 tel
319-232-0271 fax
CIP PIPE LINING
CONSTRUCTION -RELATED SERVICES
CITY OF WATERLOO, IOWA
PROFESSIONAL SERVICE AGREEMENT
This Agreement is
made and entered by and between
Sycamore Street, Suite 222, AECOM Technical Services, Inc.
wa, hereinafter er referred Waterloo Iowa,
hereinafter referred to as "ATS" and Cityof 501
Waterloo,
IoINlo O
of CONSIDERATION of the covenants hereinafter set forth, the parties hereto mutually agree as
I SCOPE OF SERVICES
ATS shall perform professional Services (the "Services") in connection with
CLIENT's facilities
in accordance with the Scope of Services set forth in Exhibit A attached hereto.
ATS'S RESPONSIBILITIES
II.
ATS shall, subject to the terms and provisions of this Agreement:
(a) Appoint one or more individuals who shall be authorized to act on behalf
with whom CLIENT may consult at all reasonable times, and whose instructions,
requests, and decisions will be binding upon ATS as to all matters of ATS and
Agreement and the performance of the parties hereunder. pertaining to this
(b)
agreed upon, except for reasons beyond its control.
Use all reasonable efforts to complete the Services within the time
period mutually
(c) Perform the Services in accordance with generally accepted professional
standards in existence at the time of performance of the Services. If during the two
year period following the completion of Services, it is shown that there isan error in
engineering
the Services solely as a result of ATS's failure to meet these standards, ATS shall re-
perform
-perform such substandard Services as may be necessary to remedy such error at no
cost to CLIENT. Since ATS has no control over local conditions, the cost of labor and
materials, or over competitive bidding and market conditions, ATS does not guarantee
the accuracy of any construction cost estimates as compared to contractor's bids or
the actual cost to the CLIENT. ATS makes no other warranties either express or
implied and the parties' rights, liabilities, responsibilities and remedies with respect to
the quality of Services, including claims alleging negligence, breach of warranty and
breach of contract, shall be exclusively those set forth herein.
(d)
ATS shall, if requested in writing by CLIENT, for the protection of CLIENT, require
from all vendors and subcontractors from which ATS procures equipment, materials
or services for the project, guarantees with respect to such equipment, materials and
services. All such guarantees shall be made available to CLIENT to the full extent of
the terms thereof. ATS's liability with respect to such equipment, and materials
obtained from vendors or services from subcontractors, shall be limited to procuring
guarantees from such vendors or subcontractors and rendering all reasonable
assistance to CLIENT for the purpose of enforcing the same.
Page 2
(e) ATS will be providing estimates of costs to the CLIENT covering an extended period
of time. ATS does not have control over any such costs, including, but not limited to,
costs of labor, material, equipment or services furnished by others or over competitive
bidding, marketing or negotiating conditions, or construction contractors' methods of
determining their prices. Accordingly, it is acknowledged and understood that any
estimates, projections or opinions of probable project costs provided herein by ATS
are estimates only, made on the basis of ATS's experience and represent ATS's
reasonable judgment as a qualified professional. ATS does not guaranty that
proposals, bids or actual project costs will not vary from the opinions of probable costs
prepared by ATS, and the CLIENT waives any and all claims that it may have against
ATS as a result of any such variance.
III. CLIENT'S RESPONSIBILITIES
CLIENT shall at such times as may be required for the successful and expeditious completion
of the Services;
(a) Provide all criteria and information as to CLIENT's requirements; obtain all necessary
approvals and permits required from all governmental authorities having jurisdiction
over the project; and designate a person with authority to act on CLIENT's behalf on
all matters concerning the Services.
(b) Furnish to ATS all existing studies, reports and other available data pertinent to the
Services, and obtain additional reports, data and services as may be required for the
project. ATS shall be entitled to rely upon all such information, data and the results of
such other services in performing its Services hereunder.
IV. INDEMNIFICATION
ATS agrees to indemnify and hold harmless CLIENT from and against any and all suits,
actions, damages, loss, liability or costs (including, without limitation, reasonable attorneys'
fees directly related thereto) for bodily injury or death of any person or damage to third party
property if and to the extent arising from the negligent errors or omissions or willful misconduct
of ATS during the performance of the Services hereunder.
V. INSURANCE
Commencing with the performance of the Services, and continuing until the earlier of
acceptance of the Services or termination of this Agreement, ATS shall maintain standard
insurance policies as follows:
(a) Workers' Compensation and/or all other Social Insurance in accordance with the
statutory requirements of the state having jurisdiction over ATS's employees who are
engaged in the Services, with Employer's Liability not less than One Hundred
Thousand Dollars ($100,000) each accident;
COM
Page 3
(b) Commercial General Bodily Injury and Property Damage Liability and Automobile
liability insurance including (owned, non -owned, or hired), each in a combined single
limit of One Million Dollars ($1,000,000) each occurrence for bodily injury and property
damage liability. This policy includes Contractual Liability coverage. ATS agrees to
name CLIENT as Additional Insured on this policy, but only to the extent of ATS's
negligence under this Agreement and only to the extent of the insurance limits
specified herein.
(c) Professional Liability Insurance with limits of $1,000,000 per claim and in the
aggregate covering ATS against all sums which ATS may become legally obligated to
pay on account of any professional liability arising out of the performance of this
Agreement.
ATS agrees to provide CLIENT with certificates of insurance evidencing the above described
coverage prior to the start of Services hereunder and annually thereafter if required. ATS shall
provide prompt notice to the CLIENT in the event of cancellation, material change, or non-
renewal per standard ISO Acord Form wording and the policy provisions.
VI. COMPENSATION AND TERMS OF PAYMENT
Compensation for the services shall be on an hourly basis in accordance with the hourly
fees and other direct expenses in effect at the time the services are performed. Total
compensation is an estimated fee of Sixty -Three Thousand Two Hundred Dollars
($63,200.00).
ATS may bill the CLIENT monthly for services completed at the time of billing. CLIENT
agrees to pay ATS the full amount of such invoice within thirty (30) days after receipt thereof.
In the event CLIENT disputes any invoice item, CLIENT shall give ATS written notice of such
disputed item within ten (10) days after receipt of invoice and shall pay to ATS the undisputed
portion of the invoice according to the provisions hereof. CLIENT agrees to abide by any
applicable statutory prompt pay provisions currently in effect.
VII. TERMINATION
CLIENT may, with or without cause, terminate the Services at any time upon fourteen (14)
days written notice to ATS. The obligation to provide further Services under this Agreement
may be terminated by either party upon fourteen (14) days' written notice in the event of
substantial failure by the other party to perform in accordance with the terms hereof through no
fault of the terminating party, providing such defaulting party has not cured such failure, or, in
the event of a non -monetary default, commenced reasonable actions to cure such failure. In
either case, ATS will be paid for all expenses incurred and Services rendered to the date of the
termination in accordance with compensation terms of Article VI.
VIII. OWNERSHIP OF DOCUMENTS
(a) Sealed original drawings, specifications, final project specific calculations and other
instruments of service which ATS prepares and delivers to CLIENT pursuant to this
Agreement shall become the property of CLIENT when ATS has been compensated
for Services rendered. CLIENT shall have the right to use such instruments of service
solely for the purpose of the construction, operation and maintenance of the Facilities.
Any other use or reuse of original or altered files shall be at CLIENT's sole risk
without liability or legal exposure to ATS and CLIENT agrees to release, defend and
hold ATS harmless from and against all claims or suits asserted against ATS in the
Page 4
AZCOM
event such documents are used for a purpose different than originally prepared even
though such claims or suits may be based on allegations of negligence by ATS.
Nothing contained in this paragraph shall be construed as limiting or depriving ATS of
its rights to use its basic knowledge and skills to design or carry out other projects or
work for itself or others, whether or not such other projects or work are similar to the
work to be performed pursuant to this Agreement.
(b) Any files delivered in electronic medium may not work on systems and software
different than those with which they were originally produced and ATS makes no
warranty as to the compatibility of these files with any other system or software.
Because of the potential degradation of electronic medium over time, in the event of a
conflict between the sealed original drawings and the electronic files, the sealed
drawings will govern.
IX. MEANS AND METHODS
(a) ATS shall not have control or charge of and shall not be responsible for construction
means, methods, techniques, sequences or procedures, or for safety measures and
programs including enforcement of Federal and State safety requirements, in
connection with construction work performed by CLIENT's construction contractors.
Nor shall ATS be responsible for the supervision of CLIENT's construction
contractors, subcontractors or of any of their employees, agents and representatives
of such contractors; or for inspecting machinery, construction equipment and tools
used and employed by contractors and subcontractors on CLIENT's construction
projects and shall not have the right to stop or reject work without the thorough
evaluation and approval of the CLIENT. In no event shall ATS be liable for the acts or
omissions of CLIENT's construction contractors, subcontractors or any persons or
entities performing any of the construction work, or for the failure of any of them to
carry out construction work under contracts with CLIENT.
(b) In order that ATS may be fully protected against such third party claims, CLIENT
agrees to obtain and maintain for the benefit of ATS the same indemnities and
insurance benefits obtained for the protection of the CLIENT from any contractor or
subcontractor working on the project and shall obtain from that
contractor/subcontractor insurance certificates evidencing ATS as an additional
named insured.
X. INDEPENDENT CONTRACTOR
ATS shall be an independent contractor with respect to the Services to be performed
hereunder. Neither ATS nor its subcontractors, nor the employees of either, shall be deemed
to be the servants, employees, or agents of CLIENT.
XI. PRE-EXISTING CONDITIONS
Anything herein to the contrary notwithstanding, title to, ownership of, legal responsibility and
liability for any and all pre-existing contamination shall at all times remain with CLIENT. "Pre-
existing contamination" is any hazardous or toxic substance present at the site or sites
concerned which was not brought onto such site or sites by ATS. CLIENT agrees to release,
defend, indemnify and hold ATS harmless from and against any and all liability which may in
any manner arise in any way directly or indirectly caused by such pre-existing contamination
except if such liability arises from ATS's sole negligence or willful misconduct.
Page 5
A:COM
CLIENT shall, at CLIENT's sole expense and risk, arrange for handling, storage,
transportation, treatment and delivery for disposal of pre-existing contamination. CLIENT shall
be solely responsible for obtaining a disposal site for such material. CLIENT shall look to the
disposal facility and/or transporter for any responsibility or liability arising from improper
disposal or transportation of such waste. ATS shall not have or exert any control over CLIENT
in CLIENT's obligations or responsibilities as a generator in the storage, transportation,
treatment or disposal of any pre-existing contamination. CLIENT shall complete and execute
any governmentally required forms relating to regulated activities including, but not limited to
generation, storage, handling, treatment, transportation, or disposal of pre-existing
contamination. In the event that ATS executes or completes any governmentally required
forms relating to regulated activities including but not limited to storage, generation, treatment,
transportation, handling or disposal of hazardous or toxic materials, ATS shall be and be
deemed to have acted as CLIENT's agent.
For ATS's Services requiring drilling, boring, excavation or soils sampling, CLIENT shall
approve selection of the contractors to perform such services, all site locations, and provide
ATS with all necessary information regarding the presence of underground hazards, utilities,
structures and conditions at the site.
XII. LIMITATION OF LIABILITY
CLIENT agrees that ATS's liability for the act, error or omission in its performance of services
under this Agreement shall in no event exceed the amount of the total compensation received
by ATS. It is intended by the parties to this Agreement that ATS's services in connection with
the project anticipated herein shall not subject ATS's individual employees, officers, or
directors to any personal legal exposure for the risks associated with this project.
XIII. DISPUTE RESOLUTION
If a dispute arises out of, or relates to, the breach of this Agreement and if the dispute cannot
be settled through negotiation, then ATS and the CLIENT agree to submit the dispute to
mediation. In the event ATS or the CLIENT desires to mediate any dispute, that party shall
notify the other party in writing of the dispute desired to be mediated. If the parties are unable
to resolve their differences within 10 days of the receipt of such notice, such dispute shall be
submitted for mediation in accordance with the procedures and rules of the American
Arbitration Association (or any successor organization) then in effect. The deadline for
submitting the dispute to mediation can be changed if the parties mutually agree in writing to
extend the time between receipt of notice and submission to mediation. The expenses of the
mediator shall be shared 50 percent by ATS and 50 percent by the CLIENT. This requirement
to seek mediation shall be a condition required before filing an action at law or in equity.
However, prior to or during the negotiations or the mediation either party may initiate litigation
that would otherwise be barred by a statute of limitations, and ATS may pursue any property
liens or other rights it may have to obtain security for the payment of its invoices.
XIV. MISCELLANEOUS
(a) This Agreement constitutes the entire agreement between the parties hereto and
supersedes any oral or written representations, understandings, proposals, or
communications heretofore entered into by or on account of the parties and may not
be changed, modified, or amended except in writing signed by the parties hereto. In
the event of any conflict between this contract document and any of the exhibits
hereto, the terms and provisions of this contract document shall control. In the event
of any conflict among the exhibits, the exhibit of the latest date shall control.
Page 6
(b) This Agreement shall be governed by the laws of the State of Iowa.
(c) ATS may subcontract any portion of the Services to a subcontractor approved by
CLIENT. In no case shall CLIENT's approval of any subcontract relieve ATS of any of
its obligations under this Agreement.
(d) In no event shall either party be liable to the other for indirect or consequential
damages, including, but not limited to, loss of use, loss of profit or interruption of
business, whether arising in contract, tort (including negligence), statute, or strict
liability.
(e) In the event CLIENT uses a purchase order form to administer this Agreement, the
use of such form shall be for convenience purposes only, and any typed provision in
conflict with the terms of this Agreement and all preprinted terms and conditions
contained in or on such forms shall be deemed stricken and null and void.
(f)
This Agreement gives no rights or benefits to anyone other than CLIENT and ATS and
does not create any third party beneficiaries to the Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year written
below.
APPROVED FOR CLIENT
By:
Printed Name:
Title:
APPROVED FOR AECOM TECHNICAL S VICES, INC.
By:
Printed Name:
Title:
Douglas W. Schindel, P.E.
Associate Vice President
Date: Date: May 13, 2014
CIP PIPE LINING
CONSTRUCTION -RELATED SERVICES
CITY OF WATERLOO, IOWA
EXHIBIT A
A. Project Description
The project consists of cured -in-place (CIP) pipe lining of approximately 24,000 LF of
sanitary sewer and rehabilitation of approximately 110 sanitary sewer manholes in Sewer
Service Area Nos. 15 and 16 in accordance with the plans, specifications and contract
documents previously approved for the work.
The sanitary sewer in Service Area Nos. 15 and 16 are subject to high rates of infiltration
and inflow, and this project is one step in reducing the extraneous flows in the sanitary
sewer system.
The contract for constructing the CIP pipe lining was awarded, and this agreement is to
provide the engineering for the construction -related services (CRS) for the project.
B. Scope
Services to be provided for CRS under this agreement are as follows:
1. Conduct a Preconstruction Conference with the contractor, City representatives,
utility representatives and other interested parties to discuss the project schedule,
bypass pumping, traffic control and other pertinent issues.
2. Review product submittal information required in the specifications.
3. Provide periodic on-site review to observe the contractor's work, project progress
and address contractor's issues and/or concerns. On-site review will be based on
providing up to 330 hours on-site time.
4. Prepare partial pay requests and submit them to the City for payment throughout
the course of the work.
5. Conduct a final review of the project and final TV reports with the City and prepare a
"punch list" of items to be addressed by the contractor prior to project completion.
6. Prepare a set of record drawings of the project based on the contractor's records
and site observations.
7. Assist the City with close-out of the project.
L:\work\ADMIN\AGREE\PROF\WatCIPLining CRS.doc
Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo,
715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323.
RESOLUTION NO. 2014-400
RESOLUTION APPROVING PROFESSIONAL SERVICE
AGREEMENT WITH AECOM TECHNICAL SERVICES, INC.
OF WATERLOO, IOWA AND DIRECTING EXECUTION OF
SAID AGREEMENT BY MAYOR.
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA,
that the Professional Service Agreement dated May 19, 2014, in an
amount not to exceed $63,200.00, for construction -related
services for the CIP Pipe Lining Project, Contract No. 866, by
and between AECOM Technical Services, Inc. of Waterloo, Iowa and
the City of Waterloo, Iowa, be and the same is hereby approved,
and the Mayor authorized to execute the same in behalf of the
City of Waterloo, Iowa.
PASSED AND ADOPTED this 19th day of May, 2014.
ATTEST:
Suzy Sch:res, CMC
City Clek
Ernest G. Clark, Mayor
CITY OF WATERLOO, IOWA
CITY CLERK AND FINANCE DEPARTMENT
715 Mulberry Street • Waterloo, IA 50703 • (319) 291-4323 Fax (319) 291-4571
Council Communication
City Council Meeting:
Prepared:
Dept. Head Signature:
Number of Attachments:
SUBJECT:
May 19, 2014
May,7, 2014
One
FYE2014 Bond Issue — Official Statement
Submitted by: Michelle Weidner, Chief Financial Officer
Recommended City Council Actions: Adopt a Resolution approving the
Official Statement for the spring 2014 bond sales.
Summary Statement: The Official Statement is used by potential
underwriters and purchases of the bonds being issued.
Expenditure Required:
Source of Funds:
Policy Issue:
Alternative:
See council communication for hearings.
See council communication for hearings.
See council communication for hearings.
See council communication for hearings.
Background Information: See council communication for hearings.
CITY WEBSITE: www.cityofwaterlooiowa.com
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An Equal Opportunity/Affirmative Action Employer
(This Notice to be posted)
NOTICE AND CALL OF PUBLIC MEETING
Governmental Body: The City Council of the City of Waterloo, State of Iowa.
Date of Meeting: May 19, 2014.
Time of Meeting: 5:30 P.M.
Place of Meeting: Law Court Theater, Waterloo Center for the Arts, Waterloo, Iowa.
PUBLIC NOTICE IS HEREBY GIVEN that the above mentioned governmental body
will meet at the date, time and place above set out. The tentative agenda for the meeting is as
follows:
$10,080,000 General Obligation Bonds, Series 2014A
$5,015,000 Taxable General Obligation Bonds, Series 2014B
$8,760,000 General Obligation Refunding Bonds, Series 2014C
• Resolution approving Preliminary Official Statement.
Such additional matters as are set forth on the additional 3 page(s) attached hereto.
This notice is given at the direction of the Mayor pursuant to Chapter 21, Code of Iowa,
and the local rules of the governmental body.
Suzy Schare , CMC
City Clerk
May 19, 2014
The City Council of the City of Waterloo, State of Iowa, met in regular session, in the
Law Court Theater, Waterloo Center for the Arts, Waterloo, Iowa, at 5:30 P.M., on the above
date. There were present Mayor Ernest G. Clark, in the chair, and the following named Council
Members:
Cole, Jones, Schmitt, Lind, Morrissey, Welper, and Hart.
Absent: none
1
Council Member Welper introduced the following Resolution entitled "RESOLUTION
APPROVING PRELIMINARY OFFICIAL STATEMENT" and moved its adoption. Council
Member Morrissey seconded the Resolution to adopt. The roll was called and the vote was,
AYES: Cole, Jones, Schmitt, Lind, Morrissey, Welper, Hart
NAYS: none
Whereupon, the Mayor declared the resolution duly adopted as follows:
RESOLUTION NO. 2014-401
RESOLUTION APPROVING PRELIMINARY OFFICIAL
STATEMENT
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WATERLOO, STATE OF IOWA:
Section 1. That the Preliminary Official Statement in the form presented to this meeting
be and the same hereby is approved as to form and deemed final for purposes of Rule 15c2-12 of
the Securities and Exchange Commission, subject to such revisions, corrections or modifications
as the Mayor and City Clerk, upon the advice of bond counsel and Speer Financial, shall
determine to be appropriate, and is authorized to be distributed in connection with the offering of
the Notes and Bonds for sale to the public by Speer Financial.
PASSED AND ADOPTED this 19th day of May, 2014.
ATTEST:
Suzy Schar
City Clerk
,CMC
-2
Ernest G. Clark, Mayor
CERTIFICATE
STATE OF IOWA
) SS
COUNTY OF BLACKHAWK
I, the undersigned City Clerk of the City of Waterloo, State of Iowa, do hereby certify
that attached is a true and complete copy of the portion of the corporate records of the City
showing proceedings of the City Council, and the same is a true and complete copy of the action
taken by the Council with respect to the matter at the meeting held on the date indicated in the
attachment, which proceedings remain in full force and effect, and have not been amended or
rescinded in any way; that meeting and all action thereat was duly and publicly held in
accordance with a notice of public hearing and tentative agenda, a copy of which was timely
served on each member of the Council and posted on a bulletin board or other prominent place
easily accessible to the public and clearly designated for that purpose at the principal office of
the Council (a copy of the face sheet of the agenda being attached hereto) pursuant to the local
rules of the Council and the provisions of Chapter 21, Code of Iowa, upon reasonable advance
notice to the public and media at least twenty-four hours prior to the commencement of the
meeting as required by law and with members of the public present in attendance; I further
certify that the individuals named therein were on the date thereof duly and lawfully possessed of
their respective City offices as indicated therein, that no Council vacancy existed except as may
be stated in the proceedings, and that no controversy or litigation is pending, prayed or
threatened involving the incorporation, organization, existence or boundaries of the City or the
right of the individuals named therein as officers to their respective positions.
WITNESS my hand and the seal of the City hereto affixed this 19th day of May, 2014.
(SEAL)
01020038-1\11310-101
•
Suzy Schare�, CMC
City Clerk
CITY OF WATERLOO
Council Communication
City Council Meeting: May 5, 2014
Prepared: April 30
Dept. Head Signature: Eric Thorson, PE
# of Attachments:
SUBJECT: Ordinance 8-4B Revisions
Submitted by: Phil Schuppert, Stormwater Specialist
Recommended City Council Action:
Approve the ordinance revisions intended to enhance the city's compliance activities for its IDNR
storm sewer permit.
Summary Statement:
The Engineering Department has reviewed the existing ordinance and has found the need for
amendments to maintain compliance with IDNR regulations. Among these amendments are the
creation of a city permit to aid in the tracking and inspection of small construction sites.
A copy of the intended revisions was distributed prior to the work session held to review these
changes. The proposed revisions are also on file in the Engineering Depaitanent and are available
for review upon request.
Expenditure Required: None
Source of Funds: N/A
Policy Issue: N/A
Alternative: None
Background Information:
The City of Waterloo maintains a permit for its stormwater discharge from the Iowa Department
of Natural Resources as required by the National Pollutant Discharge Elimination System. In
keeping with permit requirements, the city must have and enforce a Construction Site Erosion
and Sediment Control Ordinance. The ordinance must be revised occasionally to maintain its
effectiveness and compliance with the latest version of the city's permit, which will be renewed
May 2014.
This Ordinance prepared by Suzy ScharesNancy Eckcrt, City
Clerk, 715 Mulberry Street, Waterloo, Iowa.
ORDINANCE NO. 4897
AN ORDINANCE AMENDING THE 2007 CODE OF
ORDINANCES OF THE CITY OF WATERLOO,
IOWA, BY STRIKING IN ITS ENTIRETY
ADDING ARTICLE B, CONSTRUCTION SITE
EROSION AND SEDIMENT CONTROL, OF
CHAPTER 4, STORM WATER MANAGEMENT
PROGRAM, OF TITLE 8, PUBLIC UTILITIES,
AND BY SUBSTITUTING THEREFOR A NEW
ARTICLE B.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF WATERLOO,
IOWA:
That Article B, Construction Site Erosion and Sediment
Control, of Chapter 4, Storm Water Management Program, of
Title 8, Public Utilities, is hereby stricken in its
entirety, and a new Article B is hereby enacted as follows:
TITLE 8
CHAPTER 4
STORM WATER MANAGEMENT PROGRAM
ARTICLE B. CONSTRUCTION SITE EROSION AND SEDIMENT CONTROL
Section 8-4B-1. Findings.
A. The U.S. EPA's National Pollutant Discharge
Elimination System ("NPDES") permit program
("Program") administered by the Iowa Department of
Natural Resources ("IDNR") requires certain persons
engaged in construction activities to submit an
application to the IDNR for a State NPDES General
Permit No. 2 ("State Permit"). Notwithstanding any
provision of this chapter, every permit Applicant
bears final and complete responsibility for compliance
with a State NPDES Ccncral Permit No. 2 and any other
requirement of state or federal law or administrative
rule.
B. As a condition of the eCity's Municipal Separate Storm
Sewer System (MS4) Permit, the eCity is obliged to
undertake primary supervisory responsibility for
administration and enforcement of the Program by
adopting a Construction Site Erosion and Sediment
Control ordinance. In furtherance of this objective:
1. any person, firm, sole proprietorship, partnership,
corporation, state agency or political subdivision
(each an "Applicant") required by law or
administrative rule to apply to the IDNR for a State
NPDES Ccncral Permit N . 2 shall apply for such
permit and shall (submit a Storm Water Pollution
Prevention Plan ("SWPPP") to the City Engineer for
Formatted
Ordinance No. 4-x-7-
Page 2
approval. (apply to the City Engineer f r appr val of
For purposes of this article, an Applicant includes
but is not limited to a Secondary Applicant, and
each Secondary Applicant is subject to all
provisions of this article that are applicable to an
Applicant unless otherwise expressly stated. The
Applicant shall not submit the rrNotice of }Intent
for said State Permit N . 2 until the City Engineer
has reviewed the SWPPP for completeness and for
compliance with the State NPDES General Permit N . 2
and City requirements. Bef rc beginning
c nstructi n activities at the pr ject site, the
applicant shall present t the city engineer a c py
f the auth rizati n issued by the IDNR4
2 2. Ithe licensed pr fessi nal engineer,
registered architect, registered landscape architect
r, as expressly and specifically appr vcd by the
City Engineer, a licensed pr fessi nal land
surveyor, c nstructi n contract r, r any other
the forcg ing bciaq an. \ App -1 ia 'S Hi " F -
.The Applicant shall have primary responsibility for
the SWPPP design, inspection, monitoring and
enforcement procedures required to promote
Applicants' compliance with the State Ng&L-S General
Permit N . 2 requirements and the SWPPP for said
site, but other persons may perform the SWPPP
design, installation, inspection, and monitoring
under the oversight of the Applicant's Engineer.
--3. A State _--- - Permit N . 2 and SWPPP are
not required for construction sites with an area of
disturbed land that is less than one (1) acre,
provided such land is not part of a permitted larger
common plan of development. However, it iseiagge-s-ed
recommended that the owner implement erosion control
measures as described in the brochure "City of
Waterloo Best Management Practices for Single Lots",
available upon request at the City Engineer's office
and the City Building Department. Notwithstanding
the foregoing, the City desires to provide limited
storm water oversight of all construction sites and
for such purposes a local Construction Site Runoff
permit shall be required for stormwater discharges
from all construction sites as identified in 8 -4B -
7(A), even if otherwise exempted from State Permit
and SWPPP requirements. t
C. No state or federal funds have been made available to
assist the eCity in administering and enforcing the
Program. Accordingly, the eCity may choose to fund
its application, inspection, monitoring and
enforcement responsibilities in whole or in part by
fees imposed on Applicants for permits that may be
required hereunder, with such fees to be determined
from time to time by resolution of the eCity eCouncil,
{ Comment [PSI.]: Add clarity
{ Comment [PS2]: Moved to 8 -4B -3A for clarity
fComment [PS3]: Move to 8 -4B -2E for clarity
Comment [P54]: State applicability to sites
under one acre, refer to CSR permit section for small
site requirements
Ordinance No. '1897
Page 3
and/or other sources of funding established by a
separate ordinance.
Section 8-4B-2. Definitions.
A. Terms or acronyms used in this article shall, unless
defined in this article, have the meanings given to
them in section 8-4-1 of this chapter.
B. As used in this article, the term "City Engineer"
includes any other representative of the City
Engineer's office that is designated by the City
Engineer to act in the place and with the authority of
the City Engineer. As so defined, the City Engineer
is also referred to in this article as the
"Enforcement Officer."
C. As used in this article, the term "Applicant" also
includes any person that has had a State NPDES
CcncralPermit N . 2 issued to it, including but not
limited to a Secondary Applicant.
D. As used in this article, the term "Secondary
Applicant" means any Applicant that is the transferee
of responsibility under the State NPDES Gcncral Permit
No. 2 _and a SWPPP with respect to a single lot that
was, as to any predecessor Applicant, part of a larger
common plan of housing development.
E. As used in this article, the term "Applicant's
Engineer" means a licensed professional engineer,
registered architect, registered landscape architect,
licensed professional land surveyor, construction
contractor, or any other person as expressly and
specifically approved by the City Engineer who is
deemed qualified to prepare a SWPPP in accordance with
good engineering practices.
As used in this article, the term "CSR Permit" means a
permit issued by the City Engineer as provided in
Section 8-4B-7 for all construction sites from which a
discharge of stormwater is possible.
G. As used in this article, the term "SWPPP Manager"
means a person qualified by sufficient knowledge of
SWPPP design and implementation and of applicable
regulations to perform the inspection, monitoring,
enforcement and reporting necessary to comply
withrcquircd by the State NPDES Gcncral Permit, N . 2
SWPPP requirements and eCity regulations as
applicable. The SWPPP mManager, unless otherwise
specified in writing by the aApplicant, shall serve as
the point of contact for the City Engineer for all
matters pertaining to SWPPP compliance for the site.I
D.H. As used in this article, the term "State Permit" means
a State NPDES General Permit No. 2 issued by IDNR.
fComment MSS]: Define the new CSR permit
Comment [PSC: Define the SWPPP manager,
this is the person who is specified in the SWPPP as
the point of contact who the city will deal with in the
event of non-compliance
Ordinance No. 4897
Page 4
Section 8-4B-3. Submission and Approval of Storm Water
Pollution Prevention Plan and Other Documents.
A. No person shall begin work on any site that is subject
to a State NPDES Ccncral Permit N . 2 until the City
Engineer has approved the SWPPP c mpliancc with this
and
of Intent by the IDNP the Applicant is in possession
of a State NPDES Ccncral Permit N .2 authorization
letter4 -
B. An Applicant in poscesoi n f a Statc NPDES Gcncral
Permit No. 2 issued by the IDNR shall submit to the
eCity complete copies of the materials described
below, and any and all supp rting calculati no:
1. All Applicant's plans, specifications,
calculations, and supporting materials utilized to
develop the Applicant's SWPPP;
2.,The Notice of Intent and the IDN-RState NPDES General
Permit N . 2 lletter of eauth rizationauthorization.
Applicant's auth rizati no issued pursuant t
The
submit its their SWPPP and
supporting documentation for review prior to receipt
of the IDNR letter of authorization, however, final
approval of the SWPPP cannot be granted by the City
Engineer until the letter of authorization is
received—; land
3. AThe SWPPP shall be prepared in accordance with this
chapter. Every SWPPP submitted to the eCity:
a. shall comply with all current minimum mandatory
requirements for SWPPPs promulgated by the IDNR
in connection with issuance of a State NPDES
Ccncral Permit No. 2, as set out in the current
version of the IDNR publication entitled, "Iowa
Department of Natural Resources NPDES General
Permit No. 2, Storm Water Discharge Associated
with Industrial Activity for Construction
Activities", (the "Permit Handbook") including,
but not limited to, "Part IV. Storm Water
Pollution Prevention Plans," and as said minimum
mandatory requirements are modified from time to
time hereafter; and
aApplicant may elect to
b. shall, if the Applicant is required by law to
file a Joint Application Form, Protecting Iowa
Waters, Iowa Department of Natural Resources and
U.S. Army Corps of Engineers, comply with all
mandatory minimum requirements pertaining to such
joint application*, land copies of the 4joint
Aapplication permit shall be included within the
SWPPP; land
Comment [PS7]: State permit now requires that
construction not proceed until the authorization letter
is received. This updates the city regulations to
match
Formatted: No underline, Font color: Auto
t Formatted: No underline
Comment [PSS]: We can't issue a fmal SWPPP
approval without the authorization letter, but
typically people will submit while they are waiting
for this paperwork to come back from the state to get
the review going. This allows for that.
Comment [PS9]: Requires that paperwork for
404 permits be included in the SWPPP. The 404
permit is for placement of fill or dredged material
into public waters (such as temporary stream
crossings), since this is a source of potential
pollution, this information should be incorporated
into the SWPPP as per GP2 rules
Ordinance No. '1897
Page 5
c. shall comply with all other applicable state or
federal permit requirements in existence at the
time of application; and
d. shall be prepared by the Applicant's Engineer and
shall include within the SWPPP a signed and dated
certification by the Applicant's Engineer that
the SWPPP complies with all requirements of this
chapter.
e. shall require the signature(s) identified in
Section 8 -4B -1(B)(1) upon the following
certification:
I certify under penalty of law that this
document and all attachments were prepared
under my direction or supervision in
accordance with a system designed to assure
that qualified personnel properly gathered
and evaluated the information submitted.
Based on my inquiry of the person or
persons who manage the system, or those
persons directly responsible for gathering
the information, the information submitted
is, to the best of my knowledge and belief,
true, accurate, and complete. I am aware
that there are significant penalties for
submitting false information, including the
possibility of fine and imprisonment for
knowing violations.
f. shall also contain the following certification
signed by all contractors and subcontractors
identified in the SWPPP:
I certify under penalty of law that I
understand the terms and conditions of the
general National Pollutant Discharge
Elimination System (NPDES) permit that
authorizes the storm water discharges
associated with activity from the
construction site as part of this
certification. Further, by my signature, I
understand that I am becoming a co -
permittee, along with the owner(s) and
other contractors and subcontractors
signing such certifications, to the Iowa
Department of Natural Resources NPDES
General Permit No. 2 for "Storm Water
Discharge Associated with Industrial
Activity for Construction Activities" at
the identified site. As a co -permittee, I
understand that I, and my company, are
legally required under the Clean Water Act
and the Code of Iowa, to ensure compliance
with the terms and conditions of the storm
water pollution plan developed under this
Ordinance No. 1897
Page 6
NPDES permit and the terms of the NPDES
permit.
The certification must include the name and title
of the person providing the signature; the name,
address and telephone number of the contracting
firm; the address (or other identifying
description) of the site; and the date the
certification is made.
g. Shall include the aApplicant's signed written
statement required by subsection 8-4B-3(B)(3)(f).1
C. A Secondary Applicant shall submit to the City
complete copies of the materials described below:
1. The document by which the predecessor Applicant
transferred compliance responsibility under the
StateNPDES General Permit N . 2.
2. All information or documents required by the CSR
Permit application form as provided in Section 8-
4B-47(A)(B) ab vc.
D. In addition to the SWPPP requirements stated in
Section 8 -4B -3(B) and 8 -4B -3(C) above which constitute
minimum mandatory requirements imposed by the Program,
every SWPPP submitted to the eCity shall comply with
Statewide Urban Design and Specifications (SUDAS)
standard design criteria, the Iowa Construction Site
Erosion Control Manual, or other standards approved by
the City Engineer, as such Manual, SUDAS, and other
standards may be revised or amended from time to time,
including but not limited to design, location, and
phased implementation of effective, practicable storm
water pollution prevention measures, and shall also:
1. identify the nature of the construction activity and
the potential for sediment and other pollutant
discharges from the site; and
2. assure that stockpiles of soil or other materials
subject to erosion by wind or water are covered,
vegetated, or otherwise effectively protected from
erosion and sedimentation in accordance with the
amount of time the material will be on site and the
manner of its proposed use; no overnight stockpiling
is allowed in the street unless approved in advance
by the City Engineer, and subject to such conditions
for approval as may be stated by the City Engineer{;
and
3. assure that, until work on the site has been
completed, all construction waste materials
(including but not limited to all scrap and debris)
shall be disposed of at the end of each working day
in a dumpster of appropriate size and shall not be
stockpiled on the site unless in a covered and
Comment [PS10]: In the event that the applicant
is the project owner and not a contractor, they must
also provide a certification
Comment [PS11]: Allows for flexibility to
revise required documentation as needed to maintain
compliance without the need for a formal ordinance
change
Comment [PS12]: Previously, ordinance stated
that stockpiling was not allowed in the street,
however, in some cases where construction is
occurring in the right of way, there is no other place
to put it. This allows for those special circumstances
while still providing oversight.
Ordinance No. 1897
Page 7
enclosed structure or trailer; that dumpsters on
site are inspected periodically for leaks and
promptly repaired or replaced if found to be
leaking; and that dumpsters are emptied by regular
waste collection methods before dumpsters overflow;
and
4. identify measures and procedures to reasonably
minimize site soil compaction and provide soil
quality restoration as specified and estimated
runoff coefficient after the project is complete;
and
5.5. assure disposal of all collected sediment and
floating debris; and
6. identify methods to prevent sediment damage to
adjacent properties and sensitive environmental
areas such as water bodies, plant communities, rare,
threatened and/or endangered species habitat,
wildlife corridors, greenways, etc.; and
7. provide for design and construction methods to
stabilize steep or long continuous slopes; and -
8. include measures to control the quantity and quality
of storm water leaving a site before, during and
after construction; and
9. provide for stabilization of all waterways and
outlets; and -
10. protect storm sewer infrastructure from sediment
loading and/or plugging; and
11. specify prccauti ns to be taken to contain sediment
when w rking in r cr sling surface waters f the
State of I wa; and
11-. assure stabilizati n f disturbed areas,
including utility c nstructi n areas, as s n as
possible and in no event later than seven (7)
calendar days after the arca is n 1 ngcr actively
being w rkcd; and
lassure stabilization of disturbed areas, including
utility construction areas, as soon as possible and
in no event later than the time frames established
by the current State Permitfourtccn (14) calendar
days after the arca is n 1 ngcr actively being
w rkcd if the arca is n t intended t be worked f r
a least twenty ne (21) calendar days; and
12 protect outlying roads from sediment and mud from
construction site activities, including preventing
tracking; and
{ Formatted: Font: (Default) Courier New
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at: 5 + Alignment: Left + Aligned at: 0.5" +
Indent at: 0.75", Tab stops: Not at 0.75"
Formatted: List Paragraph, Indent: Left:
0.75", Tab stops: Not at 0.75" + 2.69"
{ Formatted: Left
Comment [PS13]: Eliminate city requirement in
favor of less stringent state requirement
Comment [PS14]: Require that temporary
stabilization be completed in keeping with state
requirements. This allows us to adjust to state rules
without requiring ordinance changes each time.
Ordinance No. '1897
Page 8
13.assure that all temporary erosion and sediment
controls shall not be removed until the eCity has
determined that the site has been permanently
stabilized with 7 % perennial cover in compliance
with the State Permit or lace rding t IDNR eNotice
of dDiscontinuation; and
14.specify precautions to be taken to contain sediment
when working in or crossing surface waters,
including but not limited to surface waters located
solely on the project property; of the State of
Iowa; and
15. assure that when working near !surface waters f the
State f I wa, including but not limited to surface
waters located solely on the project property, tthe
specific practices itemized immediately below are
utilized:
a. during construction:
i. all exposed soil areas with a slope of 3:1 or
steeper, and that have a continuous positive
slope to a surface water if the State of Iowa,
shall have temporary erosion protection or
permanent cover within three (3) days after the
area is no longer actively being worked; 'ander-ll
thcr sl pea that have a c ntinu us p sitive
sl pe t a water f the State f I wa ah uld
have temp rary er ci n pr tecti n r permanent
c ver within seven (7) days after the area is
n 1 nger actively being w rked, and
ii. all other slopes that have a continuous
positive slope to a surface water should have
temporary erosion protection or permanent cover
within seven (7) days after the area is no
longer actively being worked.; and temp rary
sediment basin requirements shall be
c notructed in ace rdancc with the State NPDES
General Permit No. 2; all supp rting
calculations f r the basin sizing criteria and
outlet channel sizing and velocity shall be
submitted to the city; and
b. buffer zone: Reserved.
16.pr vide estimated run ff c efficient after the
project is complete; assure that required temporary
sediment basins shall be constructed in accordance
with the State NPDES General Permit N . 2; all
supporting calculations for the basin sizing
criteria and outlet channel sizing and velocity
shall be submitted to the City; and
17. assure that all hazardous materials are properly
used, stored, and disposed of.
Comment [PS15]: Specify that final stabilization
requirement be held in keeping with state
requirement. Again, this allows us to adjust to state
rules as required without formal ordinance revisions
Comment [PS16]: We had previously referenced
Waters of the State of Iowa, Iowa State Code
455B.171 states that all surface waters are waters of
the state, this is to clarify the term.
Comment [PS17]: Separated and moved to item
ii
Comment [PS18]: Moved to 16 as this
requirement applies to all sites of 10 or more acres
regardless of surface waters
The name, address and telephone number of the SWPPP
Manager Applicant's Enginccr and any other person on
Ordinance No. 1897
Page 9
E. Performance Security: Reserved.
F. The Applicant shall also submit a signed written
statement to the city which states as follows:
The undersigned Applicant hereby agrees to
defend, indemnify and hold the City of
Waterloo harmless from any and all claims,
damages or suits arising directly or
indirectly out of any act of commission or
omission by the Applicant, or any employee,
agent, assignee or contractor or subcontractor
of the Applicant, in connection with
Applicant's State NPDES General Permit No. 2
and/or Storm Water Pollution Prevention Plan.
--G. The city shall send written notification to the
Applicant Applicant's Engineer [of the approval of the
Applicant's SWPPP within ten (10) business days
following the Applicant's c mplctcd submission of all
documents and information required under this section,
unless the city has provided to the Applicant's
Engineer a written bill of particulars identifying
non -complying elements of the SWPPP application. The
eCity shall not issue approval of the Applicant's
SWPPP until such non -complying elements of the SWPPP
application have been corrected, and until the SWPPP
applicati n complies with the Applicant's State NPDES
General Permit N . 2, the requirements of this
chapter, and all other applicable laws and
regulations, federal, state, and local. If the
Applicant's SWPPP is for a single lot located in a
larger common plan of housing development, the City's
processing time shall be reduced from ten (10)
business days to five (5) business days.
G,HJ'The Applicant or Applicant's SWPPP Manager Applicant's
Engineer shall retain a copy of the approved SWPPP,
all required SWPPP inspections and reporting
documents, and State NPDES General Permit N . 2 on
site or at a readily available and disclosed
alternative site so said documents can be provided for
inspection no later than twenty f:: - 21) hours three
(3) h urs after request. Iin keeping with the
requirements of the eState pPermit.
The eCity's review of an Applicant's SWPPP is not a
determination as to the effectiveness of the controls
selected by the Applicant.
J. For so long as a construction site is subject to a
State NPDES General Permit N . 2, the Applicant or
Applicant's SWPPP Manager shall pr mptly provide— the
eCity with current information as follows:
1.
Comment [PS19]: Review process is a back and
forth between the city engineer's office and the
applicant's engineer who is writing the SWPPP, this
reflects that fact
Comment [P520]: The SWPPP is to be retained
on site or at a readily available off-site location and
made available for inspection as per state
requirement, reference the state requirement so that
we can adjust to changes without formal ordinance
revisions
Ordinance No. 1897
Page 10
site designated by the wncr Applicant or the
Applicant's SWPPP Manager who is knowledgeable and
experienced in erosion and sediment control and who
will oversee compliance with the State NPDES Ccncral
Permit N . 2 and the SWPPP; and
2. The name(s), address(es) and telephone number(s) of
the contractor(s) and/or subcontractor(s) that will
implement each erosion and sediment control measure
identified in the SWPPP.
The above said information shall be provided to the
City within seventy-two (72) hours of the change of or
addition of personnel, contractors or subcontractors.
Applicant's or Applicant's SWPPP Manager's failure to
provide current information shall constitute a
violation of this article.
4,-K. The aApplicant or Applicant's SWPPP Manager shall
amend the SWPPP from time to time as required by the
aState NPDES gccncral pPermit nNo. 2, which generally
shall be whenever there is a change in design,
construction, operation or maintenance which has a
significant effect on the potential for the discharge
of pollutants to the waters of the United States and
which has not been addressed in the SWPPP, or if the
SWPPP proves to be ineffective in eliminating or
significantly minimizing pollutants from sources
identified in the SWPPP, or in otherwise achieving the
general objectives of controlling pollutants in storm
water discharge associated with industrial activity
for construction activities. The Applicant or
Applicant's SWPPP Manager shall also expediously
update the SWPPP to include= site changes with changes
identified on the site map; contractors identified
after the submittal of the Notice of Intent; changes
in ownership or transference of permit and permit
responsibilities; or, if required, occurrences of
hazardous conditions IThc applicant shall als amend
the SWPPP as requested by the city engineer from time
t time in the exercise f his discreti n t c mply
with state NPDES general permit no. 2.
Section 8-4B-4. Transfer and Termination of State NPDES
General Permits and Storm Water Pollution Prevention Plan
Obligations.
A.
The owner of real property that is the subject of a
State NPDES Ccncral Permit No. 2 may transfer
responsibility under the owner's SWPPP to one or more
transferees of all or part of such property in the
same manner that responsibility for compliance with a
Statean NPDES General Permit No. 2 can be transferred
pursuant to 567 Iowa Admin. Code § 64.6(6), or any
similar successor provision. Such an owner is a
"Transferor". Each transferee must agree to the
transfer in writing and must agree to fulfill all
Comment [PS21]: Should the party responsible
for SWPPP compliance change over the course of
implementation the city must be notified.
Comment [PS22]: Provide a timeline for
notification to make this enforceable
Comment [PS23]: GP2 requires that the SWPPP
be a `living document' which is kept up to date with
changes in site condition, or SWPPP
implementation. This is an attempt to clarify what
changes necessitate an update.
Prior to beginning construction, the Applicant or
Applicant's SWPPP Manager shall contact the City to
schedule a pre -construction site inspection. The
Enforcement Officer shall inspect the permitted site
to determine that, at minimum, the control measures
listed in the SWPPP that allow for construction to
commence,— have been properly installed. Inc
Ordinance No. '1807
Page 11
obligations of the State NPDES Ccncral Permit N . 2
and the SWPPP, including submission of a statement
signed by the transferee as provided for in section 8-
4B -3(E) above. The Transferor shall file
_with the office of the City Engineer a copy of all
documents filed with IDNR in connection with transfer
of responsibility under the State NPDES Ccncral Permit
N . 2 to each such transferee, and a copy of each such
transferee's agreement to fulfill all obligations of
the SWPPP. Absent such written confirmation of
transfer of obligations that includes all documents
set forth above in this paragraph, the Transferor
remains responsible for compliance with the SWPPP on
any property that has been sold, conveyed, or
otherwise transferred.
B. All documents and information required by the IDNR to
be filed to terminate the State NPDES Ccncral Permit
N . 2 must be filed by the Transferor concurrently
with the office of the City Engineer. The City
Engineer must confirm stabilization and removal of
temporary control measures as required by Section 8-
4B -5(G) before a Notice of Discontinuation can be
filedThis shall my after the cCity ha„ c nfirmcd
stabilizati n as specified in 8 4B 5G. Upon
submission of said materials to the eCity, the eCity
shall have thirty (30) days in which to request
additional information from the Transferor before the
SWPPP shall be deemed terminated.
C. To facilitate a transferee's compliance with this
article as a Secondary Applicant, the Transferor shall
also deliver to the transferee concurrently with the
filings required by Section 8 -4B -4(B) above a copy of
the Transferor's Notice of Intent, State NPDES pPermit
number, SWPPP public notification, and SWPPP.
Section 8-4B-5. Inspection Procedures.
A.
B.
All inspections undertaken by the eCity under this
article shall be conducted by the Enforcement Officer.
Applicant's Engineer shall n tify the city when all
measures required by Applicant's SWPPP have been
ccc mplishcd n site. The Enf rccmcnt fficcr may
inspect the pr perty t determine c mpliancc. If the
Enforcement Officer determines that compliance has not
been achieved, the Enforcement Officer shall provide
to the Applicant a written bill of particulars
identifying the conditions of non-compliance. The
Applicant shall immediately commence corrective action
Comment [PS241: Post -construction inspections
must be completed to confirm that the site has met
all permit requirements prior to the permit being
closed out.
Comment [PS25]: Require pre -construction
inspections prior to the start of construction to ensure
that minimum controls have been implemented
Before a Notice of Discontinuation of the State NPDES
General Permit N . 2 can be submitted to the IDNR, the
Applicant or the Applicant's SWPPP Manager,— shall
contact the City to schedule a post -construction site
inspection. The Enforcement Officer shall inspect the
permitted site to determine that the all disturbed
areas have achieved 70% vegetative stabilization as
required by the State Permit and all temporary control
measures have been removed. If the Enforcement Officer
determines that stabilization has not been achieved,
or temporary control measures need to be removed, the
Enforcement Officer shall provide to the Applicant or
the Applicant's SWPPP Manager a written bill of
I Ordinance No. 1897
Page 12
and shall complete such corrective action within
f rty eight (18) h urs the time frame allotted by the
Enforcement Officer in his discretion, but not
exceeding seventy-two (72) hours up n receipt f
receiving the Enf rccmcnt Officer's bill f
particulars. For good cause shown, the eCity may
extend the deadline for taking corrective action.
Failure to take corrective action in a timely manner
shall constitute a violation of this article.
C. Construction shall not occur on any area of the site
that the Enforcement Officer has designated at any
time while conditions of non-compliance that have been
identified by the Enforcement Officer continue to
exist.
D. Construction activities undertaken by an Applicant
before resolution of all discrepancies specified in
the bill of particulars, if undertaken in an area
designated by the Enforcement Officer as a prohibited
area, shall constitute a violation of this article.
E. The eCity shall not be responsible for the direct or
indirect consequences to the Applicant or to third -
parties for non-compliant conditions that were
undetected by inspection or that were undetected
because the eCity, in operating its program of random
inspections, did not inspect the property.
F. The Applicant, lithe Applicant's SWPPP Manager or a
qualified person designated by the Applicant's SWPPP
Managerdcsignce there f 's Engineer shall inspect the
permitted site, as well as any transferred sites which
the Applicant is a co -permittee ofl, no less than once
every seven (7) calendar days. Reports generated by
these site inspections shall be included within and
deemed to be part of the SWPPP. Any deficiencies or
needed modifications discovered during the inspections
shall be noted in writing, and corrections or
modifications shall be completed within seven (7)
calendar days following the inspection. land shall make
available to the Enforcement Officer a written report
ab ut site c nditi ns within tw (2) business days f
the Enforcement Officer's request.
G.
Comment [PS26]: Change 48 hour requirement
to 72 in keeping with state requirements
Comment [PS27]: Stipulate who can perform the
weekly inspections, can be the SWPPP manager or a
qualified designee, the `engineer' seldom performs
these inspections
Comment [PS28]: In the event of a shared
permit (homebuilding in a permitted subdivision),
either the developer or the homebuilder can do the
inspections. The party who will be responsible is
specified in the CSR permit
Comment [PS29]: SWPPP inspections must be
added to the SWPPP as they are completed
Comment [PS30]: Required to be available
within 3 hours as per state regulations
Jpon SWPPP appr val and receipt issuance of a State
4PDES Gcncral Permit N . 2, theon Applicant ande- the
%pplicant's SWPPP Manager have an absolute duty tc
nonitor site conditions and to report to the
Enforcement Officer any change of circumstances or
site conditions which the Applicant or the Applicant's
SWPPP Manager knows or should know pose a risk of
storm water discharge in a manner inconsistent with
Applicant's SWOOP r State NPDES Gcncral Permit N . 2.
Examples of conditions that require notification
Ordinance No. 1897
Page 13
particulars identifying the conditions of non-
compliance. The Applicant or Applicant's SWPPP
Manager shall immediately commence corrective action
and shall reschedule a post -construction inspection
with the City when the required corrective actions
have been completed. 11 Statc NP ES Gcncral Permit N .
2 and SWPPP arc not required f r conotructi n sites
with an arca f disturbed land that i3 less that nc
(1) acre, provided ouch land is not part f a larger
c mm n plan f development. H wcvcr, it is suggested
that thc wncr implement cr of n c ntr 1 measures as
described in thc br churc "City f Watcrl Best
Management Practices f r Single L to" available up n
request at thc City Engineer's fficc and thc city
building department. ;
Section 8-4B-6. Monitoring Procedures.
A.
includearc, but are not limited to: (1)- 4hazardous
material spills, (2)- Efailure of site perimeter BMPs,
(3)--Bdischarge of polluted waters from the site into
the MS4, or onto neighboring properties,- or nearby
surface waters,. Rainfall in an am unt vcr nc half
(1/2) inch within a 24 h ur peri d, as measured by an
n site standard rain
gauge, shall be deemed a change f circumstances r
site c nditi no requiring notificati n under this
occti n.
In thc event that or (4) proposed implementation of
BMPs on site that,,hall deviate significantly from the
BMPs proposed in the approved SWPPP, _ o
applicant's SWOOP manager shall n tify thc cCity f
Comment [PS31]: Provide detail about
requirements of a post -construction inspection
{ Comment [PS32]: Stated elsewhere
Comment [PS33]: Upon receipt of authorization,
the applicant or their SWPPP manager must begin
monitoring the site in keeping with state regulations,
and must notify the city of any significant change in
site condition in keeping with those items specified
here. Rainfall event inspections are no longer
required by the state.
Ordinance No. '1897
Page 14
B.
1. Such rep rt shall be made available by thc Such
report shall be submittedgivcn Applicant to the
Enforcement Officer within twenty four (24) hours of
the change of circumstances or site conditions.
2. Failure to make a timely report shall constitute a
violation of this article.
Any third party may also report to the eCity site
conditions, which the third party reasonably believes
pose a risk of storm water discharge in a manner
inconsistent with Applicant's SWPPP or State NPDEE,
General Permit No. 2.
C. Upon receiving a report pursuant to Section 8 -4B -6(A)
above, the Enforcement Officer may conduct an
inspection and thereafter shall provide the Applicant
or the Applicant's SWPPP Manager with a written bill
of particulars identifying any conditions of non-
compliance. The Applicant or the Applicant's SWPPP
Manager shall immediately commence corrective action
and shall complete such corrective action within
f rty cight (48) h urs 'the time frame allotted by the
Enforcement Officer in his discretion, but not
exceeding seventy-two (72) hourslupon rcccipt of
receiving thc bill f particulars. For good cause
shown, the eCity may extend the deadline for
completing corrective action. Failure to take
corrective action in a timely manner shall constitute
a violation of this article, whereupon the Enforcement
Officer shall immediately commence enforcement actions
specified in Section 8-4B--8.
D. Upon receiving a report from a third party pursuant to
Section 8 -4B -6(B) above, the Enforcement Officer may
conduct an inspection of the site as soon as
reasonably possible and thereafter shall provide the
Applicant or the Applicant's SWPPP Manager with a
written bill of particulars identifying any conditions
of non-compliance. The Applicant or Applicant's SWPPP
Manager shall immediately commence corrective action
and shall complete such corrective action within
forty cight (48) hours the time frame allotted by the
Enforcement Officer in his discretion, but not
exceeding seventy-two (72) hours up n rcccipt of
rccciving thc bill f particulars. For good cause
shown, the eCity may extend the deadline for
completing corrective action. Failure to take
corrective action in a timely manner shall constitute
a violation of this article, whereupon the Enforcement
Officer shall immediately commence enforcement actions
specified in Section 8-4B--8.
Formatted: Section start: New page
Comment [PS34]: In the event of a reportable
incident as stated above, notify the city within 24
hours
Comment [PS35]: Roll back to 72 hour state
requirement
Ordinance No. 4897
Page 15
I E.
I F.
The Enforcement Officer may conduct one or more
unannounced inspections at any time during the course
of construction to monitor compliance with the State
NPDES Ccncral Permit N . 2 and thc SWPPP land the
approved SWPPP. If the inspection discloses any non
compliance, the Enforcement Officer shall provide the
Applicant or the Applicant's SWPPP Manager with a
written bill of particulars identifying the conditions
of non-compliance. The Applicant or the Applicant's
SWPPP Manager shall immediately commence corrective
action and shall complete such corrective action
within forty eight (48) h urs the time frame allotted
by the Enforcement Office in his discretion, but not
exceeding seventy-two (72) hours up n receipt f
cc g
thc bill f particulars. For good cause
shown, the eCity may extend the deadline for
completing corrective action. Failure to take
corrective action in a timely manner shall constitute
a violation of this article, whereupon the Enforcement
Officer shall immediately commence enforcement actions
specified in Section 8-43-8g- below.
The eCity shall not be responsible for the direct or
indirect consequences to the Applicant or to third -
parties for non-compliant conditions that were
undetected by inspection or that were undetected
because the eCity, in operating its program of random
inspections, did not inspect the property.
Section 8-4B-7. Construction Site Runoff (CSR) Permits.
A. All construction sites requiring coverage under a
State Permit, as well as other activities requiring
building permits for new residential or new commercial
construction, shall obtain a CSR Permit from the City
Engineer. Issuance of the CSR Permit requires that the
Applicant submit a completed City of Waterloo CSR
Permit Application form and submit a site plan
identifying BMPs, building, parking and driveway
footprint, and direction of flow for site runoff.
Sites that must provide a SWPPP as required by a State
Permit need not submit a separate site plan for their
CSR Permit.
B Sites applying for a CSR Permit that are not subject
to a State Permit shall meet the following
requirements:
1. Submit a CSR Permit application and related
documents as described in Section 8 -4B -7(A) above.
2. Implement and maintain BMPs sufficient to prevent
the discharge of pollutants from the site in
conformity with the requirements described in
Section 8 -4B -3(D), paragraphs 2-3 and 5-17.
{ Formatted: Section start: New page
Comment [PS36]: Site should not only comply
with the state requirement, but should be
implemented in accordance with submitted plans
Comment [PS37]: Specify who needs a CSR
permit, this will be all state permitted sites and any
new commercial or residential building permits
Ordinance No. 4897
Page 16
3. Contact the City Engineer for a preconstruction
inspection prior to commencing land disturbing
activities and provide access to the Enforcement
Officer as needed to determine compliance with rules
set forth in article 8-4A and this article.
4. Keep plans current and provide notification to the
City Engineer within seventy-two (72) hours of the
change or addition of personnel, contractors or
subcontractors, or of a substantial change of site
conditions as described in Section 8 -4B -3(K).
5. Contact the City Engineer for a post -construction
inspection once the site has reached 70% uniform
coverage with perennial vegetation or equivalent
stabilization and all temporary erosion control
measures have been removed.!
C. CSR Permits issued to sites covered by a State Permit
shall remain valid until such time as the State Permit
authorization expires or thirty (30) days after a
Notice of Discontinuation is submitted to the IDNR and
the City Engineer. If the State Permit is renewed
prior to expiration, the Applicant must provide proof
of re -authorization to the City Engineer. Failure to
provide proof of re -authorization shall
a violation of this article. In the
be considered
event that a
State Permit is suspended, the CSR Permit shall
automatically expire, and the Applicant must
thereafter reapply for a CSR Permit before resumption
of permitted activities. State Permit discontinuation
or suspension is subject to a post -construction
inspection.
D. CSR Permits issued to sites not covered by a State
Permit shall expire one (1) year from the date of CSR
Permit issuance. If construction has not been
completed before the date the CSR Permit expires, the
Applicant shall renew the permit. Failure to renew
the permit shall be considered a violation of this
article. Closure of a CSR Permit is subject to a
post -construction inspection.j
Section 8-4B-7-8. Enforcement.
A. Violation of any provision of this article may be
enforced (i) by issuance of a stop work order by the
Enforcement Officer, (ii) by suspension of building
permit inspections until the deficient condition is
remedied, or (iii) by civil action, administrative or
judicial, including but not limited to an action for
injunctive relief. A stop work order shall specify
the violation(s) and shall remain in effect until the
deficient condition has been remedied.
B. Violation of any provision of this article shall
constitute a municipal infraction under this code. A
person may be cited for subsequent violations as
Comment [PS38]: Specify what is required of
city -permitted sites which do not require state permit
coverage. Essentially, this will require pollution
prevention controls but will not require some of the
administrative permit components such as the
weekly inspections
Comment [PS39]: For sites with state permits,
city permits will be set to expire when the state
permit expires or is discontinued (plus 30 day city
review period). The permittee shall provide the city
with documentation should their state permit be
renewed so that the city permit can be extended. If
the state permit is suspended for any reason, the city
permit will expire and shall be renewed prior to work
resuming on the site.
Comment [PS40]: For sites without state
permits, the permit shall be valid for one year, if the
work is not completed by the end of that period the
permit must be renewed. Closure requires a post -
construction inspection as with all other sites.
Comment [PS41): Should non-compliance be
documented on a site, the enforcement officer has
the authority to place a hold on further building
inspections until compliance is reached.
Ordinance No. '1897
Page 17
additional violations are discovered or as SWPPP
control elements fail. Each day that a municipal
infraction occurs or is permitted to exist constitutes
a separate offense.
C. In addition to the enforcement processes and penalties
provided herein, any condition caused or permitted to
exist in violation of any of the provisions of this
article shall be considered a threat to public health,
safety, and welfare, and is declared and deemed a
nuisance. This nuisance may be summarily abated or
remedied at the violator's expense.
D. In addition to any fine or penalty set forth in a
schedule of violations adopted by the eCity, as
amended thereafter from time to time, the eCity may
recover all attorneys' fees, court costs and other
expenses associated with enforcement of this article,
including necessary monitoring expenses.
E. The remedies listed in this article are not exclusive
of any other remedies available under any applicable
federal, state or local law. It is within the
discretion of the Enforcement Officer to seek
cumulative remedies if necessary. Enforcement
pursuant to this section shall be undertaken by the
Enforcement Officer upon the advice and consent of the
eCity a -Attorney.
Section 8-4B-98. Appeal.
A. Administrative decisions by eCity staff and
enforcement actions of the Enforcement Officer may be
appealed by the Applicant to the eCity eCouncil
pursuant to the following rules:
1. The appeal must be filed in writing with the eCity
eClerk within twenty (20) business days of the
decision or enforcement action.
2. The written appeal shall specify in detail the
action appealed from, the errors allegedly made by
the Enforcement Officer giving rise to the appeal,
and the relief requested.
Ordinance No. 4897
Page 18
3. The Enforcement Officer shall specify in writing the
reasons for the enforcement action, a written
summary of all oral and written testimony the
Enforcement Officer intends to introduce at the
hearing, including the names and addresses of all
witnesses the Enforcement Officer intends to call,
and copies of all documents Enforcement Officer
intends to introduce at the hearing.
4. The eCity eClerk shall notify the Applicant and the
Enforcement Officer by ordinary mail, and shall give
public notice in accordance with Iowa Code Chapter
21 of the date, time and place for the regular or
special meeting of the eCity eCouncil at which the
hearing on the appeal shall occur. The hearing shall
be scheduled for a date not less than four (4) nor
more than twenty (20) days after the filing of the
appeal, unless the Applicant requests an extension
of not more than fourteen (14) days. The intent of
this paragraph is to promote the prompt and speedy
resolution of disputes. The rules of evidence and
procedure, and the standard of proof to be applied,
shall be the same as provided by Iowa Code Chapter
17A. The Applicant may be represented by counsel at
the Applicant's expense. The Enforcement Officer
may be represented by the eCity aAttorney or by an
attorney designated by the eCity eCouncil at city
expense.
I B. The decision of the eCity eCouncil shall be rendered
in writing and may be appealed to the Iowa District
Court as provided by law.
Section 8-4B-104. Severability.
The provisions of this article are hereby declared to be
severable. If any section, provision, clause, sentence,
paragraph or part of this ordinance or the application
thereof to any person, establishment, or circumstance shall
be held invalid or unconstitutional, such adjudication
shall not affect the other provisions or applications of
this article.
INTRODUCED:
PASSED 1st CONSIDERATION:
PASSED 2nd CONSIDERATION:
PASSED 3rd CONSIDERATION:
January 28, 2008
January 28, 2008
January 28, 2008
January 28, 2008
PASSED AND ADOPTED by the City Council of the City of
Waterloo, Iowa, on the day of
20143January, 2008, and approved by the Mayor on the
30th' day of , 20143January, 2008.
Formatted: Section start: New page
Ordinance No. 4897
Page 19
I
Mayor
ATTEST:
Suzy ScharesNancy Eckcrt, CMC
City Clerk
Ernest G. ClarkTim Hurlcy,
CERTIFICATE
I, Suzy ScharesNancy Eckcrt, City Clerk of the City of
Waterloo, Iowa, do hereby certify that the preceding is a
true and complete copy of Ordinance No. 1897 as passed
and adopted by the Council of the City of Waterloo, Iowa,
on the 2e44 day of , 20143January, 2008.
Witness my hand and seal of office this 30 day
of , 20143January, 2008.
I SEAL
CMC
Suzy Schares Nancy Eckcrt,
City Clerk
{ Formatted: Font color: Red, Strikethrough
Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo,
715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323.
ORDINANCE NO. 5218
AN ORDINANCE AMENDING THE 2007 CODE OF
ORDINANCES OF THE CITY OF WATERLOO, IOWA, BY
STRIKING IN ITS ENTIRETY ARTICLE B,
CONSTRUCTION SITE EROSION AND SEDIMENT
CONTROL, OF CHAPTER 4, STORM WATER
MANAGEMENT PROGRAM, OF TITLE 8, PUBLIC
UTILITIES, AND BY SUBSTITUTING THEREFOR A
NEW ARTICLE B.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO,
IOWA:
That Article B, Construction Site Erosion and Sediment
Control, of Chapter 4, Storm Water Management Program, of Title
8, Public Utilities, is hereby stricken in its entirety, and a
new Article B is hereby enacted as follows:
TITLE 8
CHAPTER 4
STORM WATER MANAGEMENT PROGRAM
ARTICLE B. CONSTRUCTION SITE EROSION AND SEDIMENT CONTROL
Section 8-4B-1. Findings.
A. The U.S. EPA's National Pollutant Discharge Elimination
System ("NPDES") permit program ("Program") administered by
the Iowa Department of Natural Resources ("IDNR") requires
certain persons engaged in construction activities to
submit an application to the IDNR for a State NPDES General
Permit No. 2 ("State Permit"). Notwithstanding any
provision of this chapter, every permit Applicant bears
final and complete responsibility for compliance with a
State Permit and any other requirement of state or federal
law or administrative rule.
B. As a condition of the City's Municipal Separate Storm Sewer
System (MS4) Permit, the City is obliged to undertake
primary supervisory responsibility for administration and
enforcement of the Program by adopting a Construction Site
Erosion and Sediment Control ordinance. In furtherance of
this objective:
1. Any person, firm, sole proprietorship, partnership,
corporation, state agency or political subdivision
(each an "Applicant") required by law or
administrative rule to apply to the IDNR for a State
Permit shall apply for such permit and shall submit a
Storm Water Pollution Prevention Plan ("SWPPP") to the
City Engineer for approval. For purposes of this
article, an Applicant includes but is not limited to a
Secondary Applicant, and each Secondary Applicant is
subject to all provisions of this article that are
applicable to an Applicant unless otherwise expressly
Ordinance No. 5218
Page 2
stated. The Applicant shall not submit the Notice of
Intent for said State Permit until the City Engineer
has reviewed the SWPPP for completeness and for
compliance with the State Permit and City
requirements.
2. The Applicant shall have primary responsibility for
the SWPPP design, inspection, monitoring and
enforcement procedures required to promote Applicants'
compliance with the State Permit for said site, but
other persons may perform the SWPPP design,
installation, inspection, and monitoring under the
oversight of the Applicant.
3. A State Permit and SWPPP are not required for
construction sites with an area of disturbed land that
is less than one (1) acre, provided such land is not
part of a larger common plan of development. However,
it is recommended that the owner implement erosion
control measures as described in the brochure "City of
Waterloo Best Management Practices for Single Lots",
available upon request at the City Engineer's office
and the City Building Department. Notwithstanding the
foregoing, the City desires to provide limited storm
water oversight of all construction sites and for such
purposes a local Construction Site Runoff permit shall
be required for stormwater discharges from all
construction sites as identified in 8 -4B -7(A), even if
otherwise exempted from State Permit and SWPPP
requirements.
C. No state or federal funds have been made available to
assist the City in administering and enforcing the Program.
Accordingly, the City may choose to fund its application,
inspection, monitoring and enforcement responsibilities in
whole or in part by fees imposed on Applicants for permits
that may be required hereunder, with such fees to be
determined from time to time by resolution of the City
Council, and/or other sources of funding established by a
separate ordinance.
Section 8-4B-2. Definitions.
A. Terms or acronyms used in this article shall, unless
defined in this article, have the meanings given to them in
section 8-4-1 of this chapter.
B. As used in this article, the term "City Engineer" includes
any other representative of the City Engineer's office that
is designated by the City Engineer to act in the place and
with the authority of the City Engineer. As so defined,
the City Engineer is also referred to in this article as
the "Enforcement Officer."
C. As used in this article, the term "Applicant" also includes
any person that has had a State Permit issued to it,
including but not limited to a Secondary Applicant.
Ordinance No. 5218
Page 3
D. As used in this article, the
means any Applicant that
responsibility under
respect to a single
Applicant, part of
development.
term "Secondary Applicant"
is the transferee of
the State Permit and a SWPPP with
lot that was, as to any predecessor
a larger common plan of housing
E. As used in this article, the term
means a licensed professional
architect, registered landscape
professional land surveyor, construction contractor, or any
other person as expressly and specifically approved by the
City Engineer who is deemed qualified to prepare a SWPPP in
accordance with good engineering practices.
"Applicant's Engineer"
engineer, registered
architect, licensed
F. As used in this article, the term "CSR Permit" means a
permit issued by the City Engineer as provided in Section
8-4B-7 for all construction sites from which a discharge of
stormwater is possible.
G. As used in this article, the term "SWPPP Manager" means a
person qualified by sufficient knowledge of SWPPP design
and implementation and of applicable regulations to perform
the inspection, monitoring, enforcement and reporting
necessary to comply with the State Permit, SWPPP
requirements and City regulations as applicable. The SWPPP
Manager, unless otherwise specified in writing by the
Applicant, shall serve as the point of contact for the City
Engineer for all matters pertaining to SWPPP compliance for
the site.
H. As used in this article, the term "State Permit" means a
State NPDES General Permit No. 2 issued by IDNR.
Section 8-4B-3. Submission and Approval of Storm Water
Pollution Prevention Plan and Other Documents.
A. No person shall begin work on any site that is subject to a
State Permit until the City Engineer has approved the SWPPP
and the Applicant is in possession of a State Permit
authorization letter.
B. An Applicant shall submit to the City complete copies of
the materials described below:
1. All plans, specifications,
supporting materials
Applicant's SWPPP;
calculations, and
utilized to develop the
2. The Notice of Intent and the State Permit letter of
authorization. The Applicant may elect to submit its
SWPPP and supporting documentation for review prior to
receipt of the IDNR letter of authorization, however,
final approval of the SWPPP cannot be granted by the
City Engineer until the letter of authorization is
received; and
3. The SWPPP shall be prepared in accordance with this
chapter. Every SWPPP submitted to the City:
Ordinance No. 5218
Page 4
a. Shall comply with all current minimum mandatory
requirements for SWPPPs promulgated by the IDNR
in connection with issuance of a State Permit, as
set out in the current version of the IDNR
publication entitled, "Iowa Department of Natural
Resources NPDES General Permit No. 2, Storm Water
Discharge Associated with Industrial Activity for
Construction Activities", (the "Permit Handbook")
including, but not limited to, "Part IV. Storm
Water Pollution Prevention Plans," and as said
minimum mandatory requirements are modified from
time to time hereafter; and
b. Shall, if the Applicant is required by law to
file a Joint Application Form, Protecting Iowa
Waters, Iowa Department of Natural Resources and
U.S. Army Corps of Engineers, comply with all
mandatory minimum requirements pertaining to such
joint application, and copies of the joint
application permit shall be included within the
SWPPP; and
c. Shall comply with all other applicable state or
federal permit requirements in existence at the
time of application; and
d. Shall be prepared by the Applicant's Engineer and
shall include within the SWPPP a signed and dated
certification by the Applicant's Engineer that
the SWPPP complies with all requirements of this
chapter.
e. Shall require the signature(s) identified in
Section 8 -4B -1(B)(1) upon the following
certification:
I certify under penalty of law that
this document and all attachments were
prepared under my direction or
supervision in accordance with a system
designed to assure that qualified
personnel properly gathered and
evaluated the information submitted.
Based on my inquiry of the person or
persons who manage the system, or those
persons directly responsible for
gathering the information, the
information submitted is, to the best
of my knowledge and belief, true,
accurate, and complete. I am aware
that there are significant penalties
for submitting false information,
including the possibility of fine and
imprisonment for knowing violations.
f. Shall also contain the following certification
signed by all contractors and subcontractors
identified in the SWPPP:
Ordinance No. 5218
Page 5
g•
I certify under penalty of law that I
understand the terms and conditions of
the general National Pollutant
Discharge Elimination System (NPDES)
permit that authorizes the storm water
discharges associated with activity
from the construction site as part of
this certification. Further, by my
signature, I understand that I am
becoming a co permittee, along with the
owner (s) and other contractors and
subcontractors signing such
certifications, to the Iowa Department
of Natural Resources NPDES General
Permit No. 2 for "Storm Water Discharge
Associated with Industrial Activity for
Construction Activities" at the
identified site. As a co permittee, I
understand that I, and my company, are
legally required under the Clean Water
Act and the Code of Iowa, to ensure
compliance with the terms and
conditions of the storm water pollution
plan developed under this NPDES permit
and the terms of the NPDES permit.
The certification must include the name and title
of the person providing the signature; the name,
address and telephone number of the contracting
firm; the address (or other identifying
description) of the site; and the date the
certification is made.
Shall include the Applicant's signed written
statement required by subsection 8-4B-3(B)(3)(f).
C. A Secondary Applicant shall submit to the City complete
copies of the materials described below:
1. The document by which the predecessor Applicant
transferred compliance responsibility under the State
Permit.
2. All information or documents required by the CSR
Permit application form as provided in Section 8 -4B -
7(A).
-4B -
7(A).
D. In addition to the SWPPP requirements stated in Section 8-
4B -3(B) and 8 -4B -3(C) above which constitute minimum
mandatory requirements imposed by the Program, every SWPPP
submitted to the City shall comply with Statewide Urban
Design and Specifications (SUDAS) standard design criteria,
the Iowa Construction Site Erosion Control Manual, or other
standards approved by the City Engineer, as such Manual,
SUDAS, and other standards may be revised or amended from
time to time, including but not limited to design,
location, and phased implementation of effective,
practicable storm water pollution prevention measures, and
shall also:
Ordinance No. 5218
Page 6
1. Identify the nature of the construction activity and
the potential for sediment and other pollutant
discharges from the site; and
2. Assure that stockpiles of soil or other materials
subject to erosion by wind or water are covered,
vegetated, or otherwise effectively protected from
erosion and sedimentation in accordance with the
amount of time the material will be on site and the
manner of its proposed use; no overnight stockpiling
is allowed in the street unless approved in advance by
the City Engineer, and subject to such conditions for
approval as may be stated by the City Engineer; and
3. Assure that, until work on the site has been
completed, all construction waste materials (including
but not limited to all scrap and debris) shall be
disposed of at the end of each working day in a
dumpster of appropriate size and shall not be
stockpiled on the site unless in a covered and
enclosed structure or trailer; that dumpsters on site
are inspected periodically for leaks and promptly
repaired or replaced if found to be leaking; and that
dumpsters are emptied by regular waste collection
methods before dumpsters overflow; and
4. Identify measures and procedures to reasonably
minimize site soil compaction and provide soil quality
restoration as specified and estimated runoff
coefficient after the project is complete; and
5. Assure disposal of all collected sediment and
floating debris; and
6. Identify methods to prevent sediment damage to
adjacent properties and sensitive environmental areas
such as water bodies, plant communities, rare,
threatened and/or endangered species habitat, wildlife
corridors, greenways, etc.; and
7. Provide for design and construction methods to
stabilize steep or long continuous slopes; and
8. Include measures to control the quantity and quality
of storm water leaving a site before, during and after
construction; and
9. Provide for stabilization of all waterways and
outlets; and
10. Protect storm sewer infrastructure from sediment
loading and/or plugging; and
11. Assure stabilization of disturbed areas, including
utility construction areas, as soon as possible and in
no event later than the time frames established by the
current State Permit; and
Ordinance No. 5218
Page 7
12. Protect outlying roads from sediment and mud from
construction site activities, including preventing
tracking; and
13. Assure that all temporary erosion and sediment
controls shall not be removed until the City has
determined that the site has been permanently
stabilized in compliance with the State Permit or IDNR
Notice of Discontinuation; and
14. Specify precautions to be taken to contain sediment
when working in or crossing surface waters, including
but not limited to surface waters located solely on
the project property; and
15. Assure that when working near surface waters,
including but not limited to surface waters located
solely on the project property, the specific practices
itemized immediately below are utilized:
a. During construction:
i. All exposed soil areas with a slope of 3:1
or steeper, and that have a continuous
positive slope to a surface water, shall
have temporary erosion protection or
permanent cover within three (3) days after
the area is no longer actively being worked;
and
ii. All other slopes that have a continuous
positive slope to a surface water should
have temporary erosion protection or
permanent cover within seven (7) days after
the area is no longer actively being worked.
b. Buffer zone: Reserved.
16. Assure that required temporary sediment basins shall
be constructed in accordance with the State Permit;
all supporting calculations for the basin sizing
criteria and outlet channel sizing and velocity shall
be submitted to the City; and
17. Assure that all hazardous materials are properly used,
stored, and disposed of.
E. Performance Security: Reserved.
F. The Applicant shall also submit a signed written statement
to the city which states as follows:
The undersigned Applicant hereby agrees to defend,
indemnify and hold the City of Waterloo harmless
from any and all claims, damages or suits arising
directly or indirectly out of any act of commission
or omission by the Applicant, or any employee,
agent, assignee or contractor or subcontractor of
the Applicant, in connection with Applicant's State
Ordinance No. 5218
Page 8
NPDES General Permit No. 2 and/or Storm Water
Pollution Prevention Plan.
G. The city shall send written notification to the Applicant's
Engineer of the approval of the Applicant's SWPPP within
ten (10) business days following the submission of all
documents and information required under this section,
unless the city has provided to the Applicant's Engineer a
written bill of particulars identifying non -complying
elements of the SWPPP. The City shall not issue approval
of the Applicant's SWPPP until such non -complying elements
of the SWPPP have been corrected, and until the SWPPP
complies with the Applicant's State Permit, the
requirements of this chapter, and all other applicable laws
and regulations, federal, state, and local. If the
Applicant's SWPPP is for a single lot located in a larger
common plan of housing development, the City's processing
time shall be reduced from ten (10) business days to five
(5) business days.
H. The Applicant or Applicant's SWPPP Manager shall retain a
copy of the approved SWPPP, all required SWPPP inspections
and reporting documents, and State Permit on site or at a
readily available and disclosed alternative site so said
documents can be provided for inspection in keeping with
the requirements of the State Permit.
I. The City's review of an Applicant's SWPPP is not a
determination as to the effectiveness of the controls
selected.
J. For so long as a construction site is subject to a State
Permit, the Applicant or Applicant's SWPPP Manager shall
provide the City with current information as follows:
1. The name, address and telephone number of the SWPPP
Manager and any other person on site designated by the
Applicant or the Applicant's SWPPP Manager who is
knowledgeable and experienced in erosion and sediment
control and who will oversee compliance with the State
Permit; and
2. The name(s), address(es) and telephone number(s) of
the contractor(s) and/or subcontractor(s) that will
implement each erosion and sediment control measure
identified in the SWPPP.
The above said information shall be provided to the City
within seventy-two (72) hours of the change of or addition
of personnel, contractors or subcontractors. Applicant's or
Applicant's SWPPP Manager's failure to provide current
information shall constitute a violation of this article.
K. The Applicant or Applicant's SWPPP Manager shall amend the
SWPPP as required by the State Permit, which generally
shall be whenever there is a change in design,
construction, operation or maintenance which has a
significant effect on the potential for discharge of
pollutants to the waters of the United States and which has
Ordinance No. 5218
Page 9
not been addressed in the SWPPP, or if the SWPPP proves to
be ineffective in eliminating or significantly minimizing
pollutants from sources identified in the SWPPP, or in
otherwise achieving the general objectives of controlling
pollutants in storm water discharge associated with
industrial activity for construction activities. The
Applicant or Applicant's SWPPP Manager shall also
expediously update the SWPPP to include site changes with
changes identified on the site map; contractors identified
after the submittal of the Notice of Intent; changes in
ownership or transference of permit and permit
responsibilities; or, if required, occurrences of hazardous
conditions.
Section 8-4B-4. Transfer and Termination of State NPDES General
Permits and Storm Water Pollution Prevention Plan Obligations.
A. The owner of real property that is the subject of a State
Permit may transfer responsibility under the owner's SWPPP
to one or more transferees of all or part of such property
in the same manner that responsibility for compliance with
a State Permit can be transferred pursuant to 567 Iowa
Admin. Code § 64.6(6), or any similar successor provision.
Such an owner is a "Transferor". Each transferee must
agree to the transfer in writing and must agree to fulfill
all obligations of the State Permit and the SWPPP,
including submission of a statement signed by the
transferee as provided for in section 8 -4B -3(E) above.
The Transferor shall file with the office of the City
Engineer a copy of all documents filed with IDNR in
connection with transfer of responsibility under the State
Permit to each such transferee, and a copy of each such
transferee's agreement to fulfill all obligations of the
SWPPP. Absent written confirmation of transfer of
obligations that includes all documents set forth above in
this paragraph, the Transferor remains responsible for
compliance with the SWPPP on any property that has been
sold, conveyed, or otherwise transferred.
B. All documents and information required by the IDNR to be
filed to terminate the State Permit must be filed by the
Transferor concurrently with the office of the City
Engineer. The City Engineer must confirm stabilization and
removal of temporary control measures as required by
Section 8 -4B -5(G) before a Notice of Discontinuation can be
filed. Upon submission of said materials to the City, the
City shall have thirty (30) days in which to request
additional information from the Transferor before the SWPPP
shall be deemed terminated.
C. To facilitate a transferee's compliance with this article
as a Secondary Applicant, the Transferor shall also deliver
to the transferee concurrently with the filings required by
Section 8 -4B -4(B) above a copy of the Transferor's Notice
of Intent, State Permit number, SWPPP public notification,
and SWPPP.
Ordinance No. 5218
Page 10
Section 8-4B-5. Inspection Procedures.
A. All inspections undertaken by the City under this article
shall be conducted by the Enforcement Officer.
B. Prior to beginning construction, the Applicant or
Applicant's SWPPP Manager shall contact the City to
schedule a pre -construction site inspection. The
Enforcement Officer shall inspect the permitted site to
determine that, at minimum, the control measures listed in
the SWPPP that allow for construction to commence have been
properly installed. If the Enforcement Officer determines
that compliance has not been achieved, the Enforcement
Officer shall provide to the Applicant a written bill of
particulars identifying the conditions of non-compliance.
The Applicant shall immediately commence corrective action
and shall complete such corrective action within the time
frame allotted by the Enforcement Officer in his
discretion, but not exceeding seventy-two (72) hours. For
good cause shown, the City may extend the deadline for
taking corrective action. Failure to take corrective
action in a timely manner shall constitute a violation of
this article.
C. Construction shall not occur on any area of the site that
the Enforcement Officer has designated at any time while
conditions of non-compliance that have been identified by
the Enforcement Officer continue to exist.
D. Construction activities undertaken by an Applicant before
resolution of all discrepancies specified in the bill of
particulars, if undertaken in an area designated by the
Enforcement Officer as a prohibited area, shall constitute
a violation of this article.
E. The City shall not be responsible for the direct or
indirect consequences to the Applicant or to third -parties
for non-compliant conditions that were undetected by
inspection or that were undetected because the City, in
operating its program of random inspections, did not
inspect the property.
F. The Applicant, the Applicant's SWPPP Manager or a qualified
person designated by the Applicant's SWPPP Manager shall
inspect the permitted site, as well as any transferred
sites which the Applicant is a co -permittee of, no less
than once every seven (7) calendar days. Reports generated
by these site inspections shall be included within and
deemed to be part of the SWPPP. Any deficiencies or needed
modifications discovered during the inspections shall be
noted in writing, and corrections or modifications shall be
completed within seven (7) calendar days following the
inspection.
G. Before a Notice of Discontinuation of the State Permit can
be submitted to the IDNR, the Applicant or the Applicant's
SWPPP Manager shall contact the City to schedule a post -
construction site inspection. The Enforcement Officer shall
inspect the permitted site to determine that the all
Ordinance No. 5218
Page 11
disturbed areas have achieved stabilization as required by
the State Permit and all temporary control measures have
been removed. If the Enforcement Officer determines that
stabilization has not been achieved, or temporary control
measures need to be removed, the Enforcement Officer shall
provide to the Applicant or the Applicant's SWPPP Manager a
written bill of particulars identifying the conditions of
non-compliance. The Applicant or Applicant's SWPPP Manager
shall immediately commence corrective action and shall
reschedule a post -construction inspection with the City
when the required corrective actions have been completed.
Section 8-4B-6. Monitoring Procedures.
A. Upon receipt of a State Permit, the Applicant and the
Applicant's SWPPP Manager have an absolute duty to monitor
site conditions and to report to the Enforcement Officer
any change of circumstances or site conditions which the
Applicant or the Applicant's SWPPP Manager knows or should
know pose a risk of storm water discharge in a manner
inconsistent with Applicant's State Permit. Examples of
conditions that require notification include, but are not
limited to: (1) hazardous material spills, (2) failure of
site perimeter BMPs, (3) discharge of polluted waters from
the site into the MS4 or onto neighboring properties or
nearby surface waters, or (4) proposed implementation of
BMPs on site that deviate significantly from the BMPs
proposed in the approved SWPPP.
1. Such report shall be submitted to the Enforcement
Officer within twenty four (24) hours of the change of
circumstances or site conditions.
2. Failure to make a timely report shall constitute a
violation of this article.
B. Any third party may also report to the City site
conditions, which the third party reasonably believes pose
a risk of storm water discharge in a manner inconsistent
with Applicant's State Permit.
C. Upon receiving a report pursuant to Section 8 -4B -6(A)
above, the Enforcement Officer may conduct an inspection
and thereafter shall provide the Applicant or the
Applicant's SWPPP Manager with a written bill of
particulars identifying any conditions of non-compliance.
The Applicant or the Applicant's SWPPP Manager shall
immediately commence corrective action and shall complete
such corrective action within the time frame allotted by
the Enforcement Officer in his discretion, but not
exceeding seventy-two (72) hours. For good cause shown,
the City may extend the deadline for completing corrective
action. Failure to take corrective action in a timely
manner shall constitute a violation of this article,
whereupon the Enforcement Officer shall immediately
commence enforcement actions specified in Section 8-4B-8.
D. Upon receiving a report from a third party pursuant to
Section 8 -4B -6(B) above, the Enforcement Officer may
Ordinance No. 5218
Page 12
conduct an inspection of the site as soon as reasonably
possible and thereafter shall provide the Applicant or the
Applicant's SWPPP Manager with a written bill of
particulars identifying any conditions of non-compliance.
The Applicant or Applicant's SWPPP Manager shall
immediately commence corrective action and shall complete
such corrective action within the time frame allotted by
the Enforcement Officer in his discretion, but not
exceeding seventy-two (72) hours. For good cause shown,
the City may extend the deadline for completing corrective
action. Failure to take corrective action in a timely
manner shall constitute a violation of this article,
whereupon the Enforcement Officer shall immediately
commence enforcement actions specified in Section 8-4B-8.
E. The Enforcement Officer may conduct one or more unannounced
inspections at any time during the course of construction
to monitor compliance with the State Permit and the
approved SWPPP. If the inspection discloses any non-
compliance, the Enforcement Officer shall provide the
Applicant or the Applicant's SWPPP Manager with a written
bill of particulars identifying the conditions of non-
compliance. The Applicant or the Applicant's SWPPP Manager
shall immediately commence corrective action and shall
complete such corrective action within the time frame
allotted by the Enforcement Office in his discretion, but
not exceeding seventy-two (72) hours. For good cause
shown, the City may extend the deadline for completing
corrective action. Failure to take corrective action in a
timely manner shall constitute a violation of this article,
whereupon the Enforcement Officer shall immediately
commence enforcement actions specified in Section 8-4B-8
below.
F. The City shall not be responsible for the direct or
indirect consequences to the Applicant or to third -parties
for non-compliant conditions that were undetected by
inspection or that were undetected because the City, in
operating its program of random inspections, did not
inspect the property.
Section 8-4B-7. Construction Site Runoff (CSR) Permits.
A. All construction sites requiring coverage under a State
Permit, as well as other activities requiring building
permits for new residential or new commercial construction,
shall obtain a CSR Permit from the City Engineer. Issuance
of the CSR Permit requires that the Applicant submit a
completed City of Waterloo CSR Permit Application form and
submit a site plan identifying BMPs, building, parking and
driveway footprint, and direction of flow for site runoff.
Sites that must provide a SWPPP as required by a State
Permit need not submit a separate site plan for their CSR
Permit.
B. Sites applying for a CSR Permit that are not subject to a
State Permit shall meet the following requirements:
Ordinance No. 5218
Page 13
1. Submit a CSR Permit application and related documents
as described in Section 8 -4B -7(A) above.
2. Implement and maintain BMPs sufficient to prevent the
discharge of pollutants from the site in conformity
with the requirements described in Section 8 -4B -3(D),
paragraphs 2-3 and 5-17.
3. Contact the City Engineer for a preconstruction
inspection prior to commencing land disturbing
activities and provide access to the Enforcement
Officer as needed to determine compliance with rules
set forth in article 8-4A and this article.
4. Keep plans current and provide notification to the
City Engineer within seventy-two (72) hours of the
change or addition of personnel, contractors or
subcontractors, or of a substantial change of site
conditions as described in Section 8 -4B -3(K).
5. Contact the City Engineer for a post -construction
inspection once the site has reached 70o uniform
coverage with perennial vegetation or equivalent
stabilization and all temporary erosion control
measures have been removed.
C. CSR Permits issued to sites covered by a State Permit shall
remain valid until such time as the State Permit
authorization expires or thirty (30) days after a Notice of
Discontinuation is submitted to the IDNR and the City
Engineer. If the State Permit is renewed prior to
expiration, the Applicant must provide proof of re-
authorization to the City Engineer. Failure to provide
proof of re -authorization shall be considered a violation
of this article. In the event that a State Permit is
suspended, the CSR Permit shall automatically expire, and
the Applicant must thereafter reapply for a CSR Permit
before resumption of permitted activities. State Permit
discontinuation or suspension is subject to a post -
construction inspection.
D. CSR Permits issued to sites not covered by a State Permit
shall expire one (1) year from the date of CSR Permit
issuance. If construction has not been completed before
the date the CSR Permit expires, the Applicant shall renew
the permit. Failure to renew the permit shall be
considered a violation of this article. Closure of a CSR
Permit is subject to a post -construction inspection.
Section 8-4B-8. Enforcement.
A. Violation of any provision of this article may be enforced
(i) by issuance of a stop work order by the Enforcement
Officer, (ii) by suspension of building permit inspections
until the deficient condition is remedied, or (iii) by
civil action, administrative or judicial, including but not
limited to an action for injunctive relief. A stop work
order shall specify the violation(s) and shall remain in
effect until the deficient condition has been remedied.
Ordinance No. 5218
Page 14
B. Violation of any provision of this article shall constitute
a municipal infraction under this code. A person may be
cited for subsequent violations as additional violations
are discovered or as SWPPP control elements fail. Each day
that a municipal infraction occurs or is permitted to exist
constitutes a separate offense.
C. In addition to the enforcement processes and penalties
provided herein, any condition caused or permitted to exist
in violation of any of the provisions of this article shall
be considered a threat to public health, safety, and
welfare, and is declared and deemed a nuisance. This
nuisance may be summarily abated or remedied at the
violator's expense.
D. In addition to any fine or penalty set forth in a schedule
of violations adopted by the City, as amended thereafter
from time to time, the City may recover all attorneys'
fees, court costs and other expenses associated with
enforcement of this article, including necessary monitoring
expenses.
E. The remedies listed in this article are not exclusive of
any other remedies available under any applicable federal,
state or local law. It is within the discretion of the
Enforcement Officer to seek cumulative remedies if
necessary. Enforcement pursuant to this section shall be
undertaken by the Enforcement Officer upon the advice and
consent of the City Attorney.
Section 8-4B-9. Appeal.
A. Administrative decisions by City staff and enforcement
actions of the Enforcement Officer may be appealed by the
Applicant to the City Council pursuant to the following
rules:
1. The appeal must be filed in writing with the City
Clerk within twenty (20) business days of the decision
or enforcement action.
2. The written appeal shall specify in detail the action
appealed from, the errors allegedly made by the
Enforcement Officer giving rise to the appeal, and the
relief requested.
3. The Enforcement Officer shall specify in writing the
reasons for the enforcement action, a written summary
of all oral and written testimony the Enforcement
Officer intends to introduce at the hearing, including
the names and addresses of all witnesses the
Enforcement Officer intends to call, and copies of all
documents Enforcement Officer intends to introduce at
the hearing.
4. The City Clerk shall notify the Applicant and the
Enforcement Officer by ordinary mail, and shall give
public notice in accordance with Iowa Code Chapter 21
of the date, time and place for the regular or special
Ordinance No. 5218
Page 15
meeting of the City Council at which the hearing on
the appeal shall occur. The hearing shall be scheduled
for a date not less than four (4) nor more than twenty
(20) days after the filing of the appeal, unless the
Applicant requests an extension of not more than
fourteen (14) days. The intent of this paragraph is
to promote the prompt and speedy resolution of
disputes. The rules of evidence and procedure, and
the standard of proof to be applied, shall be the same
as provided by Iowa Code Chapter 17A. The Applicant
may be represented by counsel at the Applicant's
expense. The Enforcement Officer may be represented
by the City Attorney or by an attorney designated by
the City Council at city expense.
B. The decision of the City Council shall be rendered in
writing and may be appealed to the Iowa District Court as
provided by law.
Section 8-4B-10. Severability.
The provisions of this article are hereby declared to be
severable. If any section, provision, clause, sentence,
paragraph or part of this ordinance or the application thereof
to any person, establishment, or circumstance shall be held
invalid or unconstitutional, such adjudication shall not affect
the other provisions or applications of this article.
INTRODUCED:
PASSED 1St CONSIDERATION:
PASSED 2nd CONSIDERATION:
PASSED 3rd CONSIDERATION:
May 5, 2014
May 5, 2014
May 12, 2014
May 19, 2014
PASSED AND ADOPTED this 19th day of May, 2014.
ATTEST:
Suzy Scha es, CMC
City Clerk
rnest 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. 5218 as passed and adopted by the City Council
of the City of Waterloo, Iowa, on the 19th day of May, 2014.
Witness my hand and seal of office this 19th day of May,
2014.
SEAL
Suzy Scha -s, CMC
City Clerk
SUMMARY OF ORDINANCE NO. 5218 ADOPTED ON MAY 19, 2014, BY THE WATERLOO
CITY COUNCIL AS AMENDMENTS TO THE CONSTRUCTION SITE EROSION AND
SEDIMENT CONTROL OF THE CITY OF WATERLOO, IOWA BY AMENDING SELECTED
CHAPTERS OF TITLE 10, ZONING.
This is a summary of amendments to the Construction Site Erosion and Sediment Control
Ordinance of the City of Waterloo, Iowa (referred to below as the "Ordinance"), which is set forth in
Title 8, Chapter 4 of the Waterloo Code of Ordinances:
The Ordinance was revised primarily as a means of maintaining compliance with updated
state NPDES General Permit 2 regulations. In keeping with state regulations, construction sites in
excess of 1 acre shall not proceed with earth -disturbing activities until a permit authorization is
received for the site from the Iowa DNR. The requirement for temporary stabilization of inactive
areas of construction was revised from 7 calendar days to 14 in areas where the site will be inactive
for more than 21 days. The deadlines for submittal of requested documentation and site amendments
in keeping with written Notice of Violations served by the city were also amended to match those
timelines set forth in IDNR General Permit 2 regulations. Further, the requirement for site self -
inspection following rain events was eliminated from the Ordinance.
A new city permit, titled the Construction Site Runoff (hereinafter CSR) permit is created.
This permit will be required for all construction sites which require coverage under IDNR General
Permit 2, as well as any sites requesting building permits for new commercial or residential
properties. No permit fee is established at this time.
The Ordinance requires that all permit CSR applicants identify a Stormwater Pollution
Prevention Plan manager who will serve as the point of contact for all city enforcement activities for
the permitted area. Pre and post construction inspections will be required for all permitted sites, as
well as quarterly inspections once every calendar quarter until the permit is closed.
The Ordinance was revised to allow for stockpiling activities in the street during some
construction activities. Any stockpiles to remain overnight are subject to approval by the City
Engineer.
The above is only a summary of the Ordinance amendments and not the complete text of the
Ordinance amendments. There are other details and specific terms, conditions, and requirements that
have not been provided in this summary. Questions should be directed to the office of the City
Engineer. The Ordinance amendments may be inspected in their entirety at the office of the City
Engineer, 715 Mulberry Street, 2nd Floor, Waterloo, Iowa 50703, from Monday through Friday
between the hours of 8:00 a.m. and 5:00 p.m.
The amended Ordinance will become effective upon publication of this summary.
1
STATE OF IOWA, }
Black Hawk County, SS
SUMMARY OF ORDINANCE NO. 5218
ADOPTED ON MAY 19, 2014, BY THE
WATERLOO CITY COUNCIL AS
AMENDMENTS TO THE
CONSTRUCTION SITE EROSION AND
SEDIMENT CONTROL OF THE CITY OF
WATERLOO, IOWA BY AMENDING
SELECTED CHAPTERS OF TITLE 10,
ZONING.
This is a summary of amendments to the
Construction Site Erosion and Sediment
Control Ordinance of the City of Waterloo,
Iowa (referred to below as the "Ordi-
nance"), which is set forth in Title 8,
Chapter 4 of the Waterloo Code of
Ordinances:
The Ordinance was revised primarily as a
means of maintaining compliance with
updated state NPDES General Permit 2
regulations. In keeping with state regula-
tions, construction sites in excess of 1
acre shall not proceed with earth -
disturbing activities until a permit authori-
zation is received for the site from the
Iowa DNR. The requirement for tempora-
ry stabilization of inactive areas of
construction was revised from 7 calendar
days to 14 in areas where the site will be
inactive for more than 21 days. The
deadlines for submittal of requested
documentation and site amendments in
keeping with written Notice of Violations
served by the city were also amended to
match those timelines set forth in IDNR
General Permit 2 regulations. Further, the
requirement for site self -inspection follow-
ing rain events was eliminated from the
Ordinance.
A new city permit, titled the Construction
Site Runoff (hereinafter CSR) permit is
created. This permit will be required for all
construction sites which require coverage
under IDNR General Permit 2, as well as
any sites requesting building permits for
new commercial or residential properties.
No permit fee is established at this time.
The Ordinance requires that all permit
CSR applicants identify a Stormwater
Pollution Prevention Plan manager who
will serve as the point of contact for all
city enforcement activities for the permit-
ted area. Pre and post construction
inspections will be required for all
permitted sites, as well as quarterly
inspections once every calendar quarter
until the permit is closed.
The Ordinance was revised to allow for
stockpiling activities in the street during
some construction activities. Any stock-
piles to remain overnight are subject to
approval by the City Engineer.
The above is only a summary of the
Ordinance amendments and not the
complete text of the Ordinance amend-
ments. There are other details and
specific terms, conditions, and require-
ments that have not been provided in this
summary. Questions should be directed
to the office of the City Engineer. The
Ordinance amendments may be inspec-
ted in their entirety at the office of the City
Engineer, 715 Mulberry Street, 2nd Floor,
Waterloo, Iowa 50703, from Monday
through Friday between the hours of 8:00
a.m. and 5:00 p.m.
The amended Ordinance will become
effective upon publication of this summa-
ry
I do solemnly swear that the annexed copy of legal
City of Waterloo
Ordinance No. 5218
Notice was published in the Waterloo -Cedar Falls
Courier, a daily newspaper printed in Waterloo, Black
Hawk County, Iowa, once commencing on the 16th
day of July, 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 $27.46
E7v7Occek-e
Signed
Subscribed and sworn to before me this
Day of
oq
A.D., 20 Iq
kLLC vm(L4L4&q
Notary Public
Received of
the sum of
Dollars.
In full for publication of the above notice.
:iODI E F CKiNSTR
COMMISSION NO.782413
RES
MY COW i�
Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo,
715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323.
ORDINANCE NO. 5218
AN ORDINANCE AMENDING THE 2007 CODE OF
ORDINANCES OF THE CITY OF WATERLOO, IOWA, BY
STRIKING IN ITS ENTIRETY ARTICLE B,
CONSTRUCTION SITE EROSION AND SEDIMENT
CONTROL, OF CHAPTER 4, STORM WATER
MANAGEMENT PROGRAM, OF TITLE 8, PUBLIC
UTILITIES, AND BY SUBSTITUTING THEREFOR A
NEW ARTICLE B.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO,
IOWA:
That Article B, Construction Site Erosion and Sediment
Control, of Chapter 4, Storm Water Management Program, of Title
8, Public Utilities, is hereby stricken in its entirety, and a
new Article B is hereby enacted as follows:
TITLE 8
CHAPTER 4
STORM WATER MANAGEMENT PROGRAM
ARTICLE B. CONSTRUCTION SITE EROSION AND SEDIMENT CONTROL
Section 8-4B-1. Findings.
A. The U.S. EPA's National Pollutant Discharge Elimination
System ("NPDES") permit program ("Program") administered by
the Iowa Department of Natural Resources ("IDNR") requires
certain persons engaged in construction activities to
submit an application to the IDNR for a State NPDES General
Permit No. 2 ("State Permit"). Notwithstanding any
provision of this chapter, every permit Applicant bears
final and complete responsibility for compliance with a
State Permit and any other requirement of state or federal
law or administrative rule.
B. As a condition of the City's Municipal Separate Storm Sewer
System (MS4) Permit, the City is obliged to undertake
primary supervisory responsibility for administration and
enforcement of the Program by adopting a Construction Site
Erosion and Sediment Control ordinance. In furtherance of
this objective:
1. Any person, firm, sole proprietorship, partnership,
corporation, state agency or political subdivision
(each an "Applicant") required by law or
administrative rule to apply to the IDNR for a State
Permit shall apply for such permit and shall submit a
Storm Water Pollution Prevention Plan ("SWPPP") to the
City Engineer for approval. For purposes of this
article, an Applicant includes but is not limited to a
Secondary Applicant, and each Secondary Applicant is
subject to all provisions of this article that are
applicable to an Applicant unless otherwise expressly
Ordinance No. 5218
Page 2
stated. The Applicant shall not submit the Notice of
Intent for said State Permit until the City Engineer
has reviewed the SWPPP for completeness and for
compliance with the State Permit and City
requirements.
2. The Applicant shall have primary responsibility for
the SWPPP design, inspection, monitoring and
enforcement procedures required to promote Applicants'
compliance with the State Permit for said site, but
other persons may perform the SWPPP design,
installation, inspection, and monitoring under the
oversight of the Applicant.
3. A State Permit and SWPPP are not required for
construction sites with an area of disturbed land that
is less than one (1) acre, provided such land is not
part of a larger common plan of development. However,
it is recommended that the owner implement erosion
control measures as described in the brochure "City of
Waterloo Best Management Practices for Single Lots",
available upon request at the City Engineer's office
and the City Building Department. Notwithstanding the
foregoing, the City desires to provide limited storm
water oversight of all construction sites and for such
purposes a local Construction Site Runoff permit shall
be required for stormwater discharges from all
construction sites as identified in 8 -4B -7(A), even if
otherwise exempted from State Permit and SWPPP
requirements.
C. No state or federal funds have been made available to
assist the City in administering and enforcing the Program.
Accordingly, the City may choose to fund its application,
inspection, monitoring and enforcement responsibilities in
whole or in part by fees imposed on Applicants for permits
that may be required hereunder, with such fees to be
determined from time to time by resolution of the City
Council, and/or other sources of funding established by a
separate ordinance.
Section 8-4B-2. Definitions.
A. Terms or acronyms used in this article shall, unless
defined in this article, have the meanings given to them in
section 8-4-1 of this chapter.
B. As used in this article, the term "City Engineer" includes
any other representative of the City Engineer's office that
is designated by the City Engineer to act in the place and
with the authority of the City Engineer. As so defined,
the City Engineer is also referred to in this article as
the "Enforcement Officer."
C. As used in this article, the term "Applicant" also includes
any person that has had a State Permit issued to it,
including but not limited to a Secondary Applicant.
Ordinance No. 5218
Page 3
D. As used in this article, the term "Secondary Applicant"
means any Applicant that is the transferee of
responsibility under the State Permit and a SWPPP with
respect to a single lot that was, as to any predecessor
Applicant, part of a larger common plan of housing
development.
E. As used in this article, the term
means a licensed professional
architect, registered landscape
"Applicant's Engineer"
engineer, registered
architect, licensed
professional land surveyor, construction contractor, or any
other person as expressly and specifically approved by the
City Engineer who is deemed qualified to prepare a SWPPP in
accordance with good engineering practices.
F. As used in this article, the term "CSR Permit" means a
permit issued by the City Engineer as provided in Section
8-4B-7 for all construction sites from which a discharge of
stormwater is possible.
G. As used in this article, the term "SWPPP Manager" means a
person qualified by sufficient knowledge of SWPPP design
and implementation and of applicable regulations to perform
the inspection, monitoring, enforcement and reporting
necessary to
requirements and
Manager, unless
Applicant, shall
Engineer for all
the site.
comply with the State Permit, SWPPP
City regulations as applicable. The SWPPP
otherwise specified in writing by the
serve as the point of contact for the City
matters pertaining to SWPPP compliance for
H. As used in this article, the term "State Permit" means a
State NPDES General Permit No. 2 issued by IDNR.
Section 8-4B-3. Submission and Approval of Storm Water
Pollution Prevention Plan and Other Documents.
A. No person shall begin work on any site that is subject to a
State Permit until the City Engineer has approved the SWPPP
and the Applicant is in possession of a State Permit
authorization letter.
B. An Applicant shall submit to the City complete copies of
the materials described below:
1. All plans, specifications,
supporting materials utilized
Applicant's SWPPP;
calculations, and
to develop the
2. The Notice of Intent and the State Permit letter of
authorization. The Applicant may elect to submit its
SWPPP and supporting documentation for review prior to
receipt of the IDNR letter of authorization, however,
final approval of the SWPPP cannot be granted by the
City Engineer until the letter of authorization is
received; and
3. The SWPPP shall be prepared in accordance with this
chapter. Every SWPPP submitted to the City:
Ordinance No. 5218
Page 4
a. Shall comply with all current minimum mandatory
requirements for SWPPPs promulgated by the IDNR
in connection with issuance of a State Permit, as
set out in the current version of the IDNR
publication entitled, "Iowa Department of Natural
Resources NPDES General Permit No. 2, Storm Water
Discharge Associated with Industrial Activity for
Construction Activities", (the "Permit Handbook")
including, but not limited to, "Part IV. Storm
Water Pollution Prevention Plans," and as said
minimum mandatory requirements are modified from
time to time hereafter; and
b. Shall, if the Applicant is required by law to
file a Joint Application Form, Protecting Iowa
Waters, Iowa Department of Natural Resources and
U.S. Army Corps of Engineers, comply with all
mandatory minimum requirements pertaining to such
joint application, and copies of the joint
application permit shall be included within the
SWPPP; and
c. Shall comply with all other applicable state or
federal permit requirements in existence at the
time of application; and
d. Shall be prepared by the Applicant's Engineer and
shall include within the SWPPP a signed and dated
certification by the Applicant's Engineer that
the SWPPP complies with all requirements of this
chapter.
e. Shall require the signature(s) identified in
Section 8 -4B -1(B)(1) upon the following
certification:
I certify under penalty of law that
this document and all attachments were
prepared under my direction or
supervision in accordance with a system
designed to assure that qualified
personnel properly gathered and
evaluated the information submitted.
Based on my inquiry of the person or
persons who manage the system, or those
persons directly responsible for
gathering the information, the
information submitted is, to the best
of my knowledge and belief, true,
accurate, and complete. I am aware
that there are significant penalties
for submitting false information,
including the possibility of fine and
imprisonment for knowing violations.
f. Shall also contain the following certification
signed by all contractors and subcontractors
identified in the SWPPP:
Ordinance No. 5218
Page 5
g•
I certify under penalty of law that I
understand the terms and conditions of
the general National Pollutant
Discharge Elimination System (NPDES)
permit that authorizes the storm water
discharges associated with activity
from the construction site as part of
this certification. Further, by my
signature, I understand that I am
becoming a co permittee, along with the
owner (s) and other contractors and
subcontractors signing such
certifications, to the Iowa Department
of Natural Resources NPDES General
Permit No. 2 for "Storm Water Discharge
Associated with Industrial Activity for
Construction Activities" at the
identified site. As a co permittee, I
understand that I, and my company, are
legally required under the Clean Water
Act and the Code of Iowa, to ensure
compliance with the terms and
conditions of the storm water pollution
plan developed under this NPDES permit
and the terms of the NPDES permit.
The certification must include the name and title
of the person providing the signature; the name,
address and telephone number of the contracting
firm; the address (or other identifying
description) of the site; and the date the
certification is made.
Shall include the Applicant's signed written
statement required by subsection 8-4B-3(B)(3)(f).
C. A Secondary Applicant shall submit to the City complete
copies of the materials described below:
1. The document by which the predecessor Applicant
transferred compliance responsibility under the State
Permit.
2. All information or documents required by the CSR
Permit application form as provided in Section 8 -4B -
7(A)
D. In addition to the SWPPP requirements stated in Section 8-
4B -3(B) and 8 -4B -3(C) above which constitute minimum
mandatory requirements imposed by the Program, every SWPPP
submitted to the City shall comply with Statewide Urban
Design and Specifications (SUDAS) standard design criteria,
the Iowa Construction Site Erosion Control Manual, or other
standards approved by the City Engineer, as such Manual,
SUDAS, and other standards may be revised or amended from
time to time, including but not limited to design,
location, and phased implementation of effective,
practicable storm water pollution prevention measures, and
shall also:
Ordinance No. 5218
Page 6
1. Identify the nature of the construction activity and
the potential for sediment and other pollutant
discharges from the site; and
2. Assure that stockpiles of soil or other materials
subject to erosion by wind or water are covered,
vegetated, or otherwise effectively protected from
erosion and sedimentation in accordance with the
amount of time the material will be on site and the
manner of its proposed use; no overnight stockpiling
is allowed in the street unless approved in advance by
the City Engineer, and subject to such conditions for
approval as may be stated by the City Engineer; and
3. Assure that, until work on the site has been
completed, all construction waste materials (including
but not limited to all scrap and debris) shall be
disposed of at the end of each working day in a
dumpster of appropriate size and shall not be
stockpiled on the site unless in a covered and
enclosed structure or trailer; that dumpsters on site
are inspected periodically for leaks and promptly
repaired or replaced if found to be leaking; and that
dumpsters are emptied by regular waste collection
methods before dumpsters overflow; and
4. Identify measures and procedures to reasonably
minimize site soil compaction and provide soil quality
restoration as specified and estimated runoff
coefficient after the project is complete; and
5. Assure disposal of all collected sediment and
floating debris; and
6. Identify methods to prevent sediment damage to
adjacent properties and sensitive environmental areas
such as water bodies, plant communities, rare,
threatened and/or endangered species habitat, wildlife
corridors, greenways, etc.; and
7. Provide for design and construction methods to
stabilize steep or long continuous slopes; and
8. Include measures to control the quantity and quality
of storm water leaving a site before, during and after
construction; and
9. Provide for stabilization of all waterways and
outlets; and
10. Protect storm sewer infrastructure from sediment
loading and/or plugging; and
11. Assure stabilization of disturbed areas, including
utility construction areas, as soon as possible and in
no event later than the time frames established by the
current State Permit; and
Ordinance No. 5218
Page 7
12. Protect outlying roads from sediment and mud from
construction site activities, including preventing
tracking; and
13. Assure that all temporary erosion and sediment
controls shall not be removed until the City has
determined that the site has been permanently
stabilized in compliance with the State Permit or IDNR
Notice of Discontinuation; and
14. Specify precautions to be taken to contain sediment
when working in or crossing surface waters, including
but not limited to surface waters located solely on
the project property; and
15. Assure that when working near surface waters,
including but not limited to surface waters located
solely on the project property, the specific practices
itemized immediately below are utilized:
a. During construction:
i. All exposed soil areas with a slope of 3:1
or steeper, and that have a continuous
positive slope to a surface water, shall
have temporary erosion protection or
permanent cover within three (3) days after
the area is no longer actively being worked;
and
ii. All other slopes that have a continuous
positive slope to a surface water should
have temporary erosion protection or
permanent cover within seven (7) days after
the area is no longer actively being worked.
b. Buffer zone: Reserved.
16. Assure that required temporary sediment basins shall
be constructed in accordance with the State Permit;
all supporting calculations for the basin sizing
criteria and outlet channel sizing and velocity shall
be submitted to the City; and
17. Assure that all hazardous materials are properly used,
stored, and disposed of.
E. Performance Security: Reserved.
F. The Applicant shall also submit a signed written statement
to the city which states as follows:
The undersigned Applicant hereby agrees to defend,
indemnify and hold the City of Waterloo harmless
from any and all claims, damages or suits arising
directly or indirectly out of any act of commission
or omission by the Applicant, or any employee,
agent, assignee or contractor or subcontractor of
the Applicant, in connection with Applicant's State
Ordinance No. 5218
Page 8
NPDES General Permit No. 2 and/or Storm Water
Pollution Prevention Plan.
G. The city shall send written notification to the Applicant's
Engineer of the approval of the Applicant's SWPPP within
ten (10) business days following the submission of all
documents and information required under this section,
unless the city has provided to the Applicant's Engineer a
written bill of particulars identifying non -complying
elements of the SWPPP. The City shall not issue approval
of the Applicant's SWPPP until such non -complying elements
of the SWPPP have been corrected, and until the SWPPP
complies with the Applicant's State Permit, the
requirements of this chapter, and all other applicable laws
and regulations, federal, state, and local. If the
Applicant's SWPPP is for a single lot located in a larger
common plan of housing development, the City's processing
time shall be reduced from ten (10) business days to five
(5) business days.
H. The Applicant or Applicant's SWPPP Manager shall retain a
copy of the approved SWPPP, all required SWPPP inspections
and reporting documents, and State Permit on site or at a
readily available and disclosed alternative site so said
documents can be provided for inspection in keeping with
the requirements of the State Permit.
I. The City's review of an Applicant's SWPPP is not a
determination as to the effectiveness of the controls
selected.
J. For so long as a construction site is subject to a State
Permit, the Applicant or Applicant's SWPPP Manager shall
provide the City with current information as follows:
1. The name, address and telephone number of the SWPPP
Manager and any other person on site designated by the
Applicant or the Applicant's SWPPP Manager who is
knowledgeable and experienced in erosion and sediment
control and who will oversee compliance with the State
Permit; and
2. The name(s), address(es) and telephone number(s) of
the contractor(s) and/or subcontractor(s) that will
implement each erosion and sediment control measure
identified in the SWPPP.
The above said information shall be provided to the City
within seventy-two (72) hours of the change of or addition
of personnel, contractors or subcontractors. Applicant's or
Applicant's SWPPP Manager's failure to provide current
information shall constitute a violation of this article.
K. The Applicant or Applicant's SWPPP Manager shall amend the
SWPPP as required by the State Permit, which generally
shall be whenever there is a change in design,
construction, operation or maintenance which has a
significant effect on the potential for discharge of
pollutants to the waters of the United States and which has
Ordinance No. 5218
Page 9
not been addressed in the SWPPP, or if the SWPPP proves to
be ineffective in eliminating or significantly minimizing
pollutants from sources identified in the SWPPP, or in
otherwise achieving the general objectives of controlling
pollutants in storm water discharge associated with
industrial activity for construction activities. The
Applicant or Applicant's SWPPP Manager shall also
expediously update the SWPPP to include site changes with
changes identified on the site map; contractors identified
after the submittal of the Notice of Intent; changes in
ownership or transference of permit and permit
responsibilities; or, if required, occurrences of hazardous
conditions.
Section 8-4B-4. Transfer and Termination of State NPDES General
Permits and Storm Water Pollution Prevention Plan Obligations.
A. The owner of real property that is the subject of a State
Permit may transfer responsibility under the owner's SWPPP
to one or more transferees of all or part of such property
in the same manner that responsibility for compliance with
a State Permit can be transferred pursuant to 567 Iowa
Admin. Code § 64.6(6), or any similar successor provision.
Such an owner is a "Transferor". Each transferee must
agree to the transfer in writing and must agree to fulfill
all obligations of the State Permit and the SWPPP,
including submission of a statement signed by the
transferee as provided for in section 8 -4B -3(E) above.
The Transferor shall file with the office of the City
Engineer a copy of all documents filed with IDNR in
connection with transfer of responsibility under the State
Permit to each such transferee, and a copy of each such
transferee's agreement to fulfill all obligations of the
SWPPP. Absent written confirmation of transfer of
obligations that includes all documents set forth above in
this paragraph, the Transferor remains responsible for
compliance with the SWPPP on any property that has been
sold, conveyed, or otherwise transferred.
B. All documents and information required by the IDNR to be
filed to terminate the State Permit must be filed by the
Transferor concurrently with the office of the City
Engineer. The City Engineer must confirm stabilization and
removal of temporary control measures as required by
Section 8 -4B -5(G) before a Notice of Discontinuation can be
filed. Upon submission of said materials to the City, the
City shall have thirty (30) days in which to request
additional information from the Transferor before the SWPPP
shall be deemed terminated.
C. To facilitate a transferee's compliance with this article
as a Secondary Applicant, the Transferor shall also deliver
to the transferee concurrently with the filings required by
Section 8 -4B -4(B) above a copy of the Transferor's Notice
of Intent, State Permit number, SWPPP public notification,
and SWPPP.
Ordinance No. 5218
Page 10
Section 8-4B-5. Inspection Procedures.
A. All inspections undertaken by the City under this article
shall be conducted by the Enforcement Officer.
B. Prior to beginning construction, the Applicant or
Applicant's SWPPP Manager shall contact the City to
schedule a pre -construction site inspection. The
Enforcement Officer shall inspect the permitted site to
determine that, at minimum, the control measures listed in
the SWPPP that allow for construction to commence have been
properly installed. If the Enforcement Officer determines
that compliance has not been achieved, the Enforcement
Officer shall provide to the Applicant a written bill of
particulars identifying the conditions of non-compliance.
The Applicant shall immediately commence corrective action
and shall complete such corrective action within the time
frame allotted by the Enforcement Officer in his
discretion, but not exceeding seventy-two (72) hours. For
good cause shown, the City may extend the deadline for
taking corrective action. Failure to take corrective
action in a timely manner shall constitute a violation of
this article.
C. Construction shall not occur on any area of the site that
the Enforcement Officer has designated at any time while
conditions of non-compliance that have been identified by
the Enforcement Officer continue to exist.
D. Construction activities undertaken by an Applicant before
resolution of all discrepancies specified in the bill of
particulars, if undertaken in an area designated by the
Enforcement Officer as a prohibited area, shall constitute
a violation of this article.
E. The City shall not be responsible for the direct or
indirect consequences to the Applicant or to third -parties
for non-compliant conditions that were undetected by
inspection or that were undetected because the City, in
operating its program of random inspections, did not
inspect the property.
F. The Applicant, the Applicant's SWPPP Manager or a qualified
person designated by the Applicant's SWPPP Manager shall
inspect the permitted site, as well as any transferred
sites which the Applicant is a co -permittee of, no less
than once every seven (7) calendar days. Reports generated
by these site inspections shall be included within and
deemed to be part of the SWPPP. Any deficiencies or needed
modifications discovered during the inspections shall be
noted in writing, and corrections or modifications shall be
completed within seven (7) calendar days following the
inspection.
G. Before a Notice of Discontinuation of the State Permit can
be submitted to the IDNR, the Applicant or the Applicant's
SWPPP Manager shall contact the City to schedule a post -
construction site inspection. The Enforcement Officer shall
inspect the permitted site to determine that the all
Ordinance No. 5218
Page 11
disturbed areas have achieved stabilization as required by
the State Permit and all temporary control measures have
been removed. If the Enforcement Officer determines that
stabilization has not been achieved, or temporary control
measures need to be removed, the Enforcement Officer shall
provide to the Applicant or the Applicant's SWPPP Manager a
written bill of particulars identifying the conditions of
non-compliance. The Applicant or Applicant's SWPPP Manager
shall immediately commence corrective action and shall
reschedule a post -construction inspection with the City
when the required corrective actions have been completed.
Section 8-4B-6. Monitoring Procedures.
A. Upon receipt of a State Permit, the Applicant and the
Applicant's SWPPP Manager have an absolute duty to monitor
site conditions and to report to the Enforcement Officer
any change of circumstances or site conditions which the
Applicant or the Applicant's SWPPP Manager knows or should
know pose a risk of storm water discharge in a manner
inconsistent with Applicant's State Permit. Examples of
conditions that require notification include, but are not
limited to: (1) hazardous material spills, (2) failure of
site perimeter BMPs, (3) discharge of polluted waters from
the site into the MS4 or onto neighboring properties or
nearby surface waters, or (4) proposed implementation of
BMPs on site that deviate significantly from the BMPs
proposed in the approved SWPPP.
1. Such report shall be submitted to the Enforcement
Officer within twenty four (24) hours of the change of
circumstances or site conditions.
2. Failure to make a timely report shall constitute a
violation of this article.
B. Any third party may also report to the City site
conditions, which the third party reasonably believes pose
a risk of storm water discharge in a manner inconsistent
with Applicant's State Permit.
C. Upon receiving a report pursuant to Section 8 -4B -6(A)
above, the Enforcement Officer may conduct an inspection
and thereafter shall provide the Applicant or the
Applicant's SWPPP Manager with a written bill of
particulars identifying any conditions of non-compliance.
The Applicant or the Applicant's SWPPP Manager shall
immediately commence corrective action and shall complete
such corrective action within the time frame allotted by
the Enforcement Officer in his discretion, but not
exceeding seventy-two (72) hours. For good cause shown,
the City may extend the deadline for completing corrective
action. Failure to take corrective action in a timely
manner shall constitute a violation of this article,
whereupon the Enforcement Officer shall immediately
commence enforcement actions specified in Section 8-4B-8.
D. Upon receiving a report from a third party pursuant to
Section 8 -4B -6(B) above, the Enforcement Officer may
Ordinance No. 5218
Page 12
conduct an inspection of the site as soon as reasonably
possible and thereafter shall provide the Applicant or the
Applicant's SWPPP Manager with a written bill of
particulars identifying any conditions of non-compliance.
The Applicant or Applicant's SWPPP Manager shall
immediately commence corrective action and shall complete
such corrective action within the time frame allotted by
the Enforcement Officer in his discretion, but not
exceeding seventy-two (72) hours. For good cause shown,
the City may extend the deadline for completing corrective
action. Failure to take corrective action in a timely
manner shall constitute a violation of this article,
whereupon the Enforcement Officer shall immediately
commence enforcement actions specified in Section 8-4B-8.
E. The Enforcement Officer may conduct one or more unannounced
inspections at any time during the course of construction
to monitor compliance with the State Permit and the
approved SWPPP. If the inspection discloses any non-
compliance, the Enforcement Officer shall provide the
Applicant or the Applicant's SWPPP Manager with a written
bill of particulars identifying the conditions of non-
compliance. The Applicant or the Applicant's SWPPP Manager
shall immediately commence corrective action and shall
complete such corrective action within the time frame
allotted by the Enforcement Office in his discretion, but
not exceeding seventy-two (72) hours. For good cause
shown, the City may extend the deadline for completing
corrective action. Failure to take corrective action in a
timely manner shall constitute a violation of this article,
whereupon the Enforcement Officer shall immediately
commence enforcement actions specified in Section 8-4B-8
below.
F. The City shall not be responsible for the direct or
indirect consequences to the Applicant or to third -parties
for non-compliant conditions that were undetected by
inspection or that were undetected because the City, in
operating its program of random inspections, did not
inspect the property.
Section 8-4B-7. Construction Site Runoff (CSR) Permits.
A. All construction sites requiring coverage under a State
Permit, as well as other activities requiring building
permits for new residential or new commercial construction,
shall obtain a CSR Permit from the City Engineer. Issuance
of the CSR Permit requires that the Applicant submit a
completed City of Waterloo CSR Permit Application form and
submit a site plan identifying BMPs, building, parking and
driveway footprint, and direction of flow for site runoff.
Sites that must provide a SWPPP as required by a State
Permit need not submit a separate site plan for their CSR
Permit.
B. Sites applying for a CSR Permit that are not subject to a
State Permit shall meet the following requirements:
Ordinance No. 5218
Page 13
1. Submit a CSR Permit application and related documents
as described in Section 8 -4B -7(A) above.
2. Implement and maintain BMPs sufficient to prevent the
discharge of pollutants from the site in conformity
with the requirements described in Section 8 -4B -3(D),
paragraphs 2-3 and 5-17.
3. Contact the City Engineer for a preconstruction
inspection prior to commencing land disturbing
activities and provide access to the Enforcement
Officer as needed to determine compliance with rules
set forth in article 8-4A and this article.
4. Keep plans current and provide notification to the
City Engineer within seventy-two (72) hours of the
change or addition of personnel, contractors or
subcontractors, or of a substantial change of site
conditions as described in Section 8 -4B -3(K).
5. Contact the City Engineer for a post -construction
inspection once the site has reached 70% uniform
coverage with perennial vegetation or equivalent
stabilization and all temporary erosion control
measures have been removed.
C. CSR Permits issued to sites covered by a State Permit shall
remain valid until such time as the State Permit
authorization expires or thirty (30) days after a Notice of
Discontinuation is submitted to the IDNR and the City
Engineer. If the State Permit is renewed prior to
expiration, the Applicant must provide proof of re-
authorization to the City Engineer. Failure to provide
proof of re -authorization shall be considered a violation
of this article. In the event that a State Permit is
suspended, the CSR Permit shall automatically expire, and
the Applicant must thereafter reapply for a CSR Permit
before resumption of permitted activities. State Permit
discontinuation or suspension is subject to a post -
construction inspection.
D. CSR Permits issued to sites not covered by a State Permit
shall expire one (1) year from the date of CSR Permit
issuance. If construction has not been completed before
the date the CSR Permit expires, the Applicant shall renew
the permit. Failure to renew the permit shall be
considered a violation of this article. Closure of a CSR
Permit is subject to a post -construction inspection.
Section 8-4B-8. Enforcement.
A. Violation of any provision of this article may be enforced
(i) by issuance of a stop work order by the Enforcement
Officer, (ii) by suspension of building permit inspections
until the deficient condition is remedied, or (iii) by
civil action, administrative or judicial, including but not
limited to an action for injunctive relief. A stop work
order shall specify the violation(s) and shall remain in
effect until the deficient condition has been remedied.
Ordinance No. 5218
Page 14
B. Violation of any provision of this article shall constitute
a municipal infraction under this code. A person may be
cited for subsequent violations as additional violations
are discovered or as SWPPP control elements fail. Each day
that a municipal infraction occurs or is permitted to exist
constitutes a separate offense.
C. In addition to the enforcement processes and penalties
provided herein, any condition caused or permitted to exist
in violation of any of the provisions of this article shall
be considered a threat to public health, safety, and
welfare, and is declared and deemed a nuisance. This
nuisance may be summarily abated or remedied at the
violator's expense.
D. In addition to any fine or penalty set forth in a schedule
of violations adopted by the City, as amended thereafter
from time to time, the City may recover all attorneys'
fees, court costs and other expenses associated with
enforcement of this article, including necessary monitoring
expenses.
E. The remedies listed in this article are not exclusive of
any other remedies available under any applicable federal,
state or local law. It is within the discretion of the
Enforcement Officer to seek cumulative remedies if
necessary. Enforcement pursuant to this section shall be
undertaken by the Enforcement Officer upon the advice and
consent of the City Attorney.
Section 8-4B-9. Appeal.
A. Administrative decisions by City staff and enforcement
actions of the Enforcement Officer may be appealed by the
Applicant to the City Council pursuant to the following
rules:
1. The appeal must be filed in writing with the City
Clerk within twenty (20) business days of the decision
or enforcement action.
2. The written appeal shall specify in detail the action
appealed from, the errors allegedly made by the
Enforcement Officer giving rise to the appeal, and the
relief requested.
3. The Enforcement Officer shall specify in writing the
reasons for the enforcement action, a written summary
of all oral and written testimony the Enforcement
Officer intends to introduce at the hearing, including
the names and addresses of all witnesses the
Enforcement Officer intends to call, and copies of all
documents Enforcement Officer intends to introduce at
the hearing.
4. The City Clerk shall notify the Applicant and the
Enforcement Officer by ordinary mail, and shall give
public notice in accordance with Iowa Code Chapter 21
of the date, time and place for the regular or special
Ordinance No. 5218
Page 15
meeting of the City Council at which the hearing on
the appeal shall occur. The hearing shall be scheduled
for a date not less than four (4) nor more than twenty
(20) days after the filing of the appeal, unless the
Applicant requests an extension of not more than
fourteen (14) days. The intent of this paragraph is
to promote the prompt and speedy resolution of
disputes. The rules of evidence and procedure, and
the standard of proof to be applied, shall be the same
as provided by Iowa Code Chapter 17A. The Applicant
may be represented by counsel at the Applicant's
expense. The Enforcement Officer may be represented
by the City Attorney or by an attorney designated by
the City Council at city expense.
B. The decision of the City Council shall be rendered in
writing and may be appealed to the Iowa District Court as
provided by law.
Section 8-4B-10. Severability.
The provisions of this article are hereby declared to be
severable. If any section, provision, clause, sentence,
paragraph or part of this ordinance or the application thereof
to any person, establishment, or circumstance shall be held
invalid or unconstitutional, such adjudication shall not affect
the other provisions or applications of this article.
INTRODUCED:
PASSED 1st CONSIDERATION:
PASSED 2nd CONSIDERATION:
PASSED 3rd CONSIDERATION:
May 5, 2014
May 5, 2014
May 12, 2014
May 19, 2014
PASSED AND ADOPTED this 19th day of May, 2014.
ATTEST:
Ernest G. Clark, Mayor
Suzy Sch. res, 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 Ordinance No. 5218 as passed and adopted by the City Council
of the City of Waterloo, Iowa, on the 19th day of May, 2014.
2014.
S ;AL
Witness my hand and seal of office this 19th day of May,
j
uzy S res, CMC
City Clerk
CITY OF WATERLOO
Council Communication
City Council Meeting: May 19, 2014
Prepared: May 14, 2014
Dept. Head Signature: Suzy Schares
# of Attachments:
SUBJECT: Bid Request for Wireless Communication Services
Submitted by: Suzy Schares, City Clerk
Recommended City Council Action:
Motion to instruct City Clerk to prepare specifications, bid document, etc.
Motion to receive and file specifications, bid document, etc.
Resolution preliminarily approving specifications, bid document, etc.
Resolution instructing City Clerk to publish notice of specifications, bid document, etc.
and set date of bid opening as June 5, 2014 and public hearing as June 9, 2014
Summary Statement
Expenditure Required
Source of Funds
Policy Issue
Alternative
Background Information: Taking of bids is done every two years for wireless services. Wireless
service is crucial for several departments to maintain efficiency.
REQUEST FOR PROPOSALS
DIGITAL WIRELESS COMMUNICATION
CITY CLERK'S OFFICE
CITY OF WATERLOO, IOWA
PREAMBLE
The City of Waterloo is inviting companies to submit proposals to provide digital
wireless communication services to include cell phones and pagers at multiple locations
in Waterloo, Iowa.
SUBMISSION OF PROPOSALS
Sealed proposals will be received by the City of Waterloo Clerk's Office, 715 Mulberry
Street, Waterloo, IA 50703, until 1:00 p.m. on the 5th day of June, 2014. Any proposals
submitted after the specified time will be rejected. Bids will be accepted for wireless
service and wireless tablet service with accessories. Bidders may submit a bid for each
service or/and a combined bid.
SPECIFICATIONS
(See Attachment A)
THE CITY IS BIDDING 62 CELL PHONES (1 WITH UNLIMITED TEXT), 5
GPS SMART PHONES, 2 HOTSPOTS, 10 TABLETS, AND 14 WIRELESS AIR
CARDS. PLEASE KEEP IN MIND THAT THESE NUMBERS COULD
INCREASE OR DECREASE AT ANY TIME.
GENERAL REQUIREMENTS FOR SUBMISSION OF PROPOSALS
All proposals must be submitted to the City Clerk's office in a sealed envelope clearly
marked as follows:
RFP FOR WIRELESS COMMUNICATION
City of Waterloo
The name of the business submitting the proposal must be clearly marked on the
envelope. All proposals must meet specifications as previously defined. Bids that do not
meet or exceed minimum specifications, as determined by the City, shall be rejected.
All prices or discounts quoted, upon submission by the bidder, are recognized by the City
and the Vendor to be irrevocable for a minimum of thirty (30) calendar days from the
date of the opening of proposals.
THE PROPOSAL SHALL STATE TERMS AND LIMITATIONS OF CONTRACT
Standard procedure dictates that the City may accept the best responsible proposal
considering all terms and specifications. However, the bidder understands that the City
reserves the right to reject any bid that is either considered not to be responsible or not
most advantageous to the City.
The City will evaluate proposals on price, quality of equipment, quality of service,
customer satisfaction and acceptable billing format.
The City of Waterloo reserves the right to reject any and all bids.
OPENING AND ACCEPTANCE OF PROPOSALS
Sealed proposals will be opened and read at 1:00 p.m. on the 5th day of June, 2014 in the
First Floor Conference Room, City Hall.
Proposals will be acted upon at a later time which shall be established.
CONTRACT LENGTH
The contract shall be valid for two years, but may be renewed for an additional year if the
parties can reach mutual agreement. Services are to commence on July 1, 2014 and
terminate on June 30, 2016.
CANCELLATION
This Agreement may be canceled by the City by providing written notice of said intent at
least thirty (30) days prior to said cancellation. The successful bidder understands that the
City of Waterloo shall cancel this agreement, with thirty (30) days notice, if the City has
knowledge that all conditions as stated in this Request for Proposals have not been
fulfilled.
PAYMENT PROCEDURE
Payments to the Contractor shall be made on a monthly basis. Payments will be made
within fifteen (15) days of the submittal of the invoice. Please see specifications for
billing requirement.
The bidder having fully read this document, hereby acknowledges that this bid proposal
completely reflects the total bid as contained herein.
Name of Company By
Address Title
City, State & Zip Code Date
Telephone
Ernest G. Clark, Mayor Date Suzy Schares, City Clerk Date
SPECIFICATIONS
DIGITAL WIRELESS COMMUNICATIONS
ATTACHMENT A
1. Name and address of headquarters, regional and local officers and/or customer
service locations.
2. Provide a customer list of similar services of this size and scope.
3. List volume discount rate proposals, including monthly rate, costs for additional
airtime minutes, per phone/radio, roaming charges, area covered at monthly rate,
long distance rate bundling minutes, etc. List fees that will be charged for new
cellular line activation during length of contract, and the minimum number of
phones/radio users required for the proposed rate.
4. List costs of all equipment and accessories.
5. List all features included in proposal, such as caller ID, voice mail, text messaging,
paging, push -to -talk capability, etc. and cost for each feature if a separate fee.
6. Explain warranty of equipment purchased and cost of maintenance.
7. List all possible surcharges and access fees.
8. List area covered without additional charges.
9. List location of towers.
10. Provide sample copy of billing invoice to meet specifications and identify any costs
associated with providing copies of monthly invoices. The invoice must include an
itemized detail by phone number and user name and department breaking down
number of local minutes, roaming minutes, long distance minutes, equipment
charges and any other charges.
11. List cost of accessories for phones including cases and car chargers.
12. List cost of wireless cards and any features that may require additional charges if
necessary.
13. List options for tablets, accessories, etc. and any features that may require
additional charges if necessary.
14. List cost of data and text packages and any additional charges that may apply if
necessary.
Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo,
715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323.
RESOLUTION NO. 2014-402
RESOLUTION PRELIMINARILY APPROVING
SPECIFICATIONS, BID DOCUMENT, FORM OF
CONTRACT, ESTIMATE OF COST, ETC., IN
CONJUNCTION WITH WIRELESS COMMUNICATION
SERVICES.
WHEREAS, the City Council of the City of Waterloo, Iowa,
heretofore instructed the City Clerk of said City to prepare
proposed specifications, bid document, form of contract, estimate
of cost, etc., in conjunction with Wireless Communication
Services, in the City of Waterloo, Iowa, and
WHEREAS, said City Clerk did file said specifications, bid
document, form of contract, estimate of cost, etc., in
conjunction with Wireless Communication Services.
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
Wireless Communication Services, in the City of Waterloo, Iowa,
be, and the same are hereby, preliminarily approved as filed.
PASSED AND ADOPTED this 19th day of May, 2014.
Ernest G. Clark, Mayor
ATTEST:
uzy Sc ares, CMC
City Cl-rk
Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo,
715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323.
RESOLUTION NO. 2014-403
RESOLUTION FIXING THE TIME AND PLACE OF
HEARING ON PROPOSED SPECIFICATIONS, BID
DOCUMENT, FORM OF CONTRACT, ETC., IN
CONJUNCTION WITH WIRELESS COMMUNICATION
SERVICES, IN THE CITY OF WATERLOO AS JUNE 9,
2014, AT 5:30 P.M. AT CITY HALL COUNCIL
CHAMBERS, WITH THE TAKING OF BIDS THEREFORE,
AND INSTRUCTING THE CITY CLERK TO PUBLISH THE
NOTICE OF HEARING.
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA,
AS FOLLOWS:
Section 1. That the Council of the City of Waterloo, Iowa,
shall meet at the City Hall Council Chambers in the City of
Waterloo, Iowa, at 5:30 p.m. on the 9th day of June, 2014, for
the purpose of holding a public hearing on proposed
specifications, bid document, form of contract, etc., in
conjunction with Wireless Communication Services, 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 19th day of May, 2014.
nest G. Clark4a%"
ATTEST:
i'zy Sc ares, CMC
City Clerk
CITY OF WATERLOO
Council Communication
City Council Meeting: 05/ 19/2014
Created on 05/14/2014
Dept. Head Signature: Dan Trelka, Director of Safety Services
# of Attachments: None
SUBJECT: Permission to seek sealed bids for the Police Departments FYE 15 police
vehicle equipment installation and equipment needs and set the date of hearing for June 23`d.
2014.
Submitted by: Dan Trelka, Director of Safety Services
Recommended City Council Action: Authorization to seek sealed bids for installation and
purchase for FY 15 police vehicle equipment needs.
Summary Statement: Installation and Equipment are bid out on an annual basis.
Expenditure Required: Yes
Source of Funds: General Obligation Bonds and General Funds as needed
Policy Issue: None
Alternative: None, Required for the police department vehicle equipment.
Background Information: None
Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo,
715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323.
RESOLUTION NO. 2014-404
RESOLUTION PRELIMINARILY APPROVING
SPECIFICATIONS, BID DOCUMENT, FORM OF
CONTRACT, ESTIMATE OF COST, ETC., IN
CONJUNCTION WITH FY2015 POLICE VEHICLE
EQUIPMENT INSTALLATION AND EQUIPMENT.
WHEREAS, the City Council of the City of Waterloo, Iowa,
heretofore instructed the Director of Safety Services of said
City to prepare proposed specifications, bid document, form of
contract, estimate of cost, etc., in conjunction with FY2015
Police Vehicle Equipment Installation and Equipment, in the City
of Waterloo, Iowa, and
WHEREAS, said Director of Safety Services did file said
specifications, bid document, form of contract, estimate of cost,
etc., in conjunction with FY2015 Police Vehicle Equipment
Installation and Equipment.
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
FY2015 Police Vehicle Equipment Installation and Equipment, in
the City of Waterloo, Iowa, be, and the same are hereby,
preliminarily approved as filed.
PASSED AND ADOPTED this 19th day of May, 2014.
ATTEST:
y Sc4a s, CMC
City Clerk
7
AL.ee
Ernest G. Clar , Mayor
Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo,
715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323.
RESOLUTION NO. 2014-405
RESOLUTION FIXING THE TIME AND PLACE OF
HEARING ON PROPOSED SPECIFICATIONS, BID
DOCUMENT, FORM OF CONTRACT, ETC., IN
CONJUNCTION WITH FY2015 POLICE VEHICLE
EQUIPMENT INSTALLATION AND EQUIPMENT, IN THE
CITY OF WATERLOO AS JUNE 23, 2014, AT 5:30
P.M. AT CITY HALL COUNCIL CHAMBERS, WITH THE
TAKING OF BIDS THEREFORE, AND INSTRUCTING THE
CITY CLERK TO PUBLISH THE NOTICE OF HEARING.
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA,
AS FOLLOWS:
Section 1. That the Council of the City of Waterloo, Iowa,
shall meet at the City Hall Council Chambers in the City of
Waterloo, Iowa, at 5:30 p.m. on the 23rd day of June, 2014, for
the purpose of holding a public hearing on proposed
specifications, bid document, form of contract, etc., in
conjunction with FY2015 Police Vehicle Equipment Installation and
Equipment, 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 19th day of May, 2014.
Ernest G. Clark, Mayor
ATTEST:
Suzy Sch res, CMC
City Cle k
RECEIVED MAY 1 2 2014
CITY OF WATERLOO, IOWA
To: City Council Members
Re: Notice of Severance
CITY HALL 715 MULBERRY STREET 50703
Department POLICE
Today's Date: 5/12/2014
Effective Date: 4/25/2014
Employment Date: 3/1/2010
Job Title/Classification Police Officer
This is to report that the employment of Andrew W. Naumann
with the City of Waterloo has been severed by reason of:
❑ Retired
Disability Related ❑ No El Yes
El Resigned
❑ Termination
❑ Other
In accordance with City Policy, it is requested to allow payment which consists of the following:
Benefits
Total Hours
(x) Hourly Rate
Total Payout
Vacation -Accrued
40.00
$27.26
$ 1,090.40
Vacation -Current
128.00
$27.26
$ 3,489.28
Usable Sick Leave
0.00
$27.26
(x) 25%
$ -
Frozen Sick Leave
0.00
$27.26
(x) —%
$ -
Personal Hours
0.00
$27.26
$ -
Sick Time Pay
0.00
$27.26
$ -
Unscheduled Leave
16.00
$27.26
$ 436.16
Other Pay
447.92
$27.26
$ 12,210.30
Total Payment
Comments: Resigned, took employment with another agency.
$ 17,226.14
Approved by
Human Resours
Routing:
Original to Human Resources by Department
Human Resources will forward original to City Clerk (Copy in Personnel File)
Clerk's Office will forward approved form to Department
Council Agenda Date: 5,%/Vii 41 ❑ AS/400 Status/Accruals El 1-9
Date (-jS V 1 L1
Date t7s
Voucher Prepared by Pauline C CITY OF WATERLOO 9002
PAYMENT VOUCHER A041414
VENDOR 5419
April 9, 2014
Department
Vendor Name AECOM Grant/Project Code #
Address
City & State
Invoice Date
*************************************
Invoice No. Qty/Unit
Amount Description G.L. Distribution
$18,977.73 University Ave, US 63 to W'loo City Limits
4/30/14 37436956 Evaluation of Proposed Tranfer of Jurisdiction
3/15 thru 4/25/14
Special Instructions
Submitted By
TOTAL $ 18,977.73
5/9/14
Date Approved By
An Equal Opportunity/Affirmative Action Employer
413-07-7500-2103
:COM
Invoice To:
Mr. Eric Thorson
City of Waterloo
715 Mulberry Street
Waterloo, Iowa 50703
501 Sycamore Street, Suite 222 • Waterloo, Iowa 50703 • (319)232-6531 • Fax: (319) 232-0271
Invoice
Date: April 30, 2014
Project Number: 60305458
Invoice No: 37436956
Your Authorization: Professional Service Agreement Dated July 22, 2013
University Avenue, U.S. 63 to Waterloo City Limits
Evaluation of Proposed Transfer of Jurisdiction
Waterloo, Iowa
Progress Billing: March 15, 2014 through April 25, 2014
Classification Hours Amount
Senior Professional 121.50 $29,118.29
Project Professional 110.50 $17,715.72
Staff Professional 7.00 $658.53
Professional 0.00 $0.00
CAD/GIS Operator 118.00 $11,751.65
Senior Technician 0.00 $0.00
Technician 0.00 $0.00
Project Support 8.25 $628.68
Direct Expenses 67.08
Total Costs to Date $59,939.95
Less Previous Billing 40,962.22 V
TOTAL AMOUNT DUE
Remit to: AECOM Technical Services, Inc • 1178 Paysphere Circle • Chicago, IL 60674
Vouchers Prepared by
May 9, 2014
Pauline C CITY OF WATERLOO
PAYMENT VOUCHER
Batch No.
Keyed By:
Vendor AECOM Department: Engineering
Address Grant/Project Code#
City & State
*************************************
Invoice Date INV#
Qty/Unit
9002
A051914
Amount Description G/L Distribution
4/30/14 37436923 6,314.32 City Contract # 855 Est # 2 Fourth Street CRS
Bridge & Wall Repair 3/29 thru 4/25/14 412-07-7400-2161
Special Instructions:
rt
Submitted
Total $ 6,314.32
05/09/14
Date
Approved By: Date
An Equal Opportunity/Affirmative Action Employer
501 Sycamore Street, Suite 222 • Waterloo, Iowa 50703 • (319)232-6531 • Fax: (319) 232-0271
ACOM
Invoice To:
Mr. Eric Thorson
City of Waterloo
715 Mulberry Street
Waterloo, Iowa 50703
Invoice
Date: April 30, 2014
Project Number: 60311495
Invoice No: 37436923
Your Authorization: Professional Service Agreement Dated November 5, 2013
Fourth Street Bridge and Wall Repairs CRS
Waterloo, Iowa
Progress Billing: March 29, 2014 through April 25, 2014
Classification
Hours Amount
Senior Professional 12.00
Project Professional 26.00
CAD/GIS Operator 7.00
Senior Technician 29.00
Technician 3.00
Project Support 1.75
Direct Expenses
Total Costs to Date
Less Previous Billing
TOTAL AMOUNT DUE
$2,894.74
4,069.36
478.07
2,811.14
216.20
134.82
6.72
$10,611.05 V
4,296.73
947t
Remit to: AECOM Technical Services, Inc • 1178 Paysphere Circle • Chicago, IL 60674
Voucher Prepared by Pauline C
May 9, 2014
Vendor
Address
City & State
Invoice Date
4T„y14
AECOM
*************************************
Invoice No.
14(37436913)
Est 14
Special Instructions
Qty/Unit
Submitted By
CITY OF WATERLOO
PAYMENT VOUCHER
Department
Grant/Project Code # 07H63ENGR
Amount Description
$1,549.82 Cont 790 US Hwy 63 (Newell to Donald
$387.46 On -Call Post Design Services est 14
3/29 thru 4/25/14
TOTAL 1,937.28
4/9/14
Date
Approved By
An Equal Opportunity/Affirmative Action Employer
9002
A051914
G.L. Distribution
290-07-7520-2103
411-07-7520-2103
ALUM
501 Sycamore Street, Suite 222 • Waterloo, Iowa 50703 • (319)232-6531 • Fax: (319) 232-0271
Date: April 30, 2014
Invoice No. 14 (37436913)
Invoice Period Covered: 03/29/14 through 04/25/14
Consultant Job No. 60288257
Labor Dollars
Overhead
Direct Expenses
Mileage
Copier
Miscellaneous
Ritland+Kuiper Landscape Architects
Robinson Engineering Co.
Subtotal
Subtotal Rounded
Fixed Fee
Authorized Contingency
Total Authorized Amount
Total Billed to Date
Remaining Authorized Balance
Unauthorized Contingency
AECOM
Contract
Estimate
$30,962.40
49,539.84
0.00
114.00
260.00
9,800.00
10,400.00
$101,076.24
$101,075.00
10,850.00
0.00
$ 111,925.00
81,607.53
$30,317.47
$8,800.00
Invoice
City of Waterloo
US Highway 63 Improvements
Newell Street to Donald Street
On -Call Post Design Services
Client Contact Eric A. Thorson, P.E.
Federal Project No. NHSX-63-6(69) -3H-07
Cumulative to
Date
$24,033.18
36,966.55
25.99
205.87
12.50
6,542.50
5,891.00
Current Period
$692.52
1,021.89
0.00
0.00
0.00
0.00
0.00
$73,677.59 $1,714.41
7,929.94
$81,607.53
222.87
Remit to: AECOM Technical Services, Inc • 1178 Paysphere Circle • Chicago, IL 60674
Check Payment to:
AECOM Technical Services, Inc.
An AECOM Company
1178 Paysphere Circle
Chicago, IL 60674
Federal Tax ID No. 95-2661922
ATTN : ERIC THORSON
CITY OF WATERLOO
715 MULBERRY ST
WATERLOO, IA 50703
ACH Payment to:
AECOM Technical Services, Inc.
An AECOM Company
Bank of America
Account Number 5800937020
ABA Number 071000039
Wire Transfer Payment to:
AECOM Technical Services, Inc.
An AECOM Company
Bank of America
New York, NY 10001
Account Number 5800937020
ABA Number 026009593
SWIFT CODE BOFAUS3N
AXOM
501 Sycamore Street, Suite 222, Waterloo, IA 50703
Tel: 319-232-6531 Fax: 319-232-0271
Invoice Date: 30 -APR -14
Invoice Number: 37436913
Agreement Number: TRN93122ET.1437946
Agreement Description: WAT-HWY 63 INITIAL DESIGN
Payment Term: 30 DAYS
Please reference Invoice Number and Project Number with Remittance
Project Number : 60288257
Bill Through Date : 29 -MAR -14 - 25 -APR -14
Project Name : WAT-US 63 CRS On -Call Newell to Donald
Labor Multiplier
Employee Name/Title Title/Expenditure
Bernhardt, Mary E Project Support
Bernhardt, Mary E Project Support
Durbahn, Mark D Project Professional
Durbahn, Mark D Project Professional
Lentz, Robert L Senior Professional
Lentz, Robert L Senior Professional
Total Labor Multiplier
OverHead Markup
Labor CPFF Total
Lump Sum
Description
Fixed Fee Labor
Total Lump Sum
Project Total : WAT-US 63 CRS On -Call Newell to Donald
Date Hours Rate Raw Cost
04 -APR -14 1.50 26.65 39.98
11 -APR -14 0.50 26.65 13.33
18 -APR -14 3.00 52.01 156.03
25 -APR -14 6.00 52.01 312.06
04 -APR -14 1.50 85.56 128.34
25 -APR -14 0.50 85.56 42.78
13.00 692.52
Billed Amt
692.52
1,021.89
1,714.41 vT
Billed Amt
222.87 j
222.87
1,937.28
Invoice Summaries
Total Current Amount :
Retention Amount :
Pre -Tax Amount :
Tax Amount :
Total Invoice Amount :
1,937.28
0.00
1,937.28
0.00/
7.28 (�/
1,937.28
Billing Summaries
Billing Summary
Billings
Current
1,937.28
Billing Total : 1,937.28
Prior Total
79,670.25 81,607.53
79,670.25 81,607.53
Limit
111,925.00
Remain
30,317.47
Vouchers Prepared by Pauline C
May 12, 2014
Vendor Ament Inc.,
Address 625 32nd Avenue S.W.
City & State Cedar Rapids, IA 52404
Invoice Date
5/6/14
Special Instructions:
Submitted By
CITY OF WATERLOO
PAYMENT VOUCHER
Batch No.
Keyed By:
Department: Engineering
Grant/Project Code#
9003
A051914
Invoice # Qty/Unit Amount Description G/L Distribution
3004.12200.0024279 3,242.50 Drainage way for Virden Creek Tribuatary 409-07-5200-2162
3/29/14 thru 4/25/14
Total $ 3,242.50
05/12/14
Date Approved By: Date
An Equal Opportunity/Affirmative Action Employer
Ament
DESIGN
INVOICE
Jamie Knutson
City of Waterloo
715 Mulberry Street
Waterloo, IA 50703
CITY ENGINEERS
`dATERISA lA
May 06, 2014
Invoice No: G0004.12200 - 0024279
Project G0004.12200 City of Waterloo Virden Creek Drainage Way
Drainage way for Virden Creek tributary.
Design, surveying, platting, bid assistance, construction staking, construction observation and administration.
Professional Services from March 29. 2014 to April 25. 2014
Fee
Billing Phase
Design Phase Services
Platting Services
Construction Phase Services
Materials Testing
Total Fee
Billing Limits
Total Billings
Limit
Remaining
Percent
Fee Complete
30,900.00
450.00
64,850.00
6,600.00
102,800.00
Previous Fee Billing
Current Fee Billing
Total Fee
95.00
100.00
5.00
0.00
Current Prior
3,242.50 37,305.00
Earned
29,355.00
450.00
3,242.50
0.00
33,047.50
29,805.00
3,242.50
To -Date
40,547.50
110,300.00
69,752.50
Total this Invoice
3,242.50
$3,242.50
6K eQ
-44
Please pay invoices within 30 days to avoid a monthly finance charge of 1.5%.
Remit payment to: AMENT DESIGN
625 32nd Avenue S.W. Cedar Rapids, IA 52404
Ph: (319) 378-1401 Fax: (319) 378-1975
Voucher Prepared by Pauline C CITY OF WATERLOO 9002
PAYMENT VOUCHER A251914
Vendor 1220
May 9, 2014
Vendor Name Ritland+Kuiper
Address
City & State
*************************************
Batch #
Keyed By:
Department: Engineering
Grant/Project Code #
Invoice Date Invoice No. Qty/Unit Amount Description G.L. Distribution
5/5/14 Inv # 3
Special Instructions
Submitted
y
U.S. Hwy 63 Franklin -Newell Corridor Est # 3 411-07-7500-2103
$3,102.50 Enhancements NHSX-063-6(75)--3H-07
TOTAL 3,102.50
5/9/14
100% City bond money
Date Approved By Date
An Equal Opportunity/Affirmative Action Employer
RITLAND+KU I PER
LANDSCAPE ARCHITECTS
May 1,2014
Jeff Bales, Associate Engineer
Engineering Department
City of Waterloo
715 Mulberry Street
Waterloo, Iowa 50701
INVOICE No. 3
RE: U.S. Highway 63 Franklin -Newell Corridor Enhancements
Iowa DOT Project No. NHSX-063-6(75)--3H-07
Waterloo, Iowa
Summary of Fees for Invoice No. 3
RITLAND+KUIPER Landscape Architects
Services performed from 03/01/14 — 03/31/14
Ritland — 0 hours @ $110.00/hr
Kuiper — 36.5 hours @ $85/hr
Total Billing Invoiced for Project to Date
Less Previous Billing
Total Amount Due
Total Billing Due for Invoice No. 3
Thank you,
Craig Ritland, FASLA
$ 0.00
$ 3,102.50
RKLA Subtotal $ 3,102.50
$ 12,352.50
- $ 9,250.00
$ 3,102.501/
$ 3,102.50
6c.
Icfrt
31)
RITLAND+KUIPER LANDSCAPE ARCHITECTS
501 SYCAMORE STREET • MEZZANINE A • WATERLOO, IOWA 50703 • PHONE 319.233.8090 • FAX 319.233.9772 • www.ritlandkuiper.com