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HomeMy WebLinkAboutCouncil Packet - 1/2/2018 THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, REGULAR SESSION TO BE HELD AT THE HAROLD E. GETTY COUNCIL CHAMBERS Tuesday, January 2, 2018 6:10 PM CITY OF WATERLOO GOALS 1. Support the creation of new, livable wage jobs through a balanced economic development approach of assisting existing businesses, fostering start-ups, attracting new employers and cultivating an adequate workforce. 2. Implement a Community Policing strategy that creates a safe environment in Waterloo. 3. Reduce the City's property tax levies through a responsible balance of cost reduction in City operations and increases in taxable property valuations to ensure that Waterloo is a competitive, affordable, and livable city. 4. Enhance the image of Waterloo and the City to residents and businesses inside and outside of the community. General Rules for Public Participation 1. At the chair/presider's discretion, you may address an item on the current agenda by stepping to the podium, and after recognition by the chair/presider, state your name, address and group affiliation (if appropriate) and speak clearly into the microphone. 2. You may speak one(1) time per item for a maximum of five(5)minutes as long as you have registered with the City Clerk's office no later than 4:00 p.m. on the day of the Council Meeting. If not registered with the City Cleric's office you may speak one (1) time per item for a maximum of three(3)minutes. 3. If there is a hearing scheduled as part of an agenda item, the chair/presider will allow everyone who wishes to address the council, using the same participation guidelines found in these "general rules". 4. Although not required by city code of ordinances, oral presentations may be allowed at the chair/presider's (usually the Mayor or Mayor Pro Tem) discretion. The "oral presentations" section of the agenda is your opportunity to address items not on the agenda. You may speak one (l)time for a maximum of five(5)minutes as long as you have registered with the City Clerk's office no later than 4:00 p.m. on the day of the Council Meeting. If not registered with the City Clerk's office a speaker may speak to one (1)issue per meeting for a maximum of three (3)minutes. Official action cannot be taken by the Council at that time, but may be placed on a future agenda or referred to the appropriate department. 5. Keep comments germane and refrain from personal, impertinent or slanderous remarks. 6. Questions concerning these rules or any agenda item may be directed to the Clerk's Office at 291-4323. 7. Citizens are encouraged to register with the Clerk's Office by 4:00 p.m. on Monday of the day of the City Council meeting to appear before the City Council(may also register by phone). Registered speakers will be given first priority. Page 1 of 92 Roll Call. Prayer or Moment of Silence Pledge of Allegiance Abraham Funchess, Human Rights Director Agenda, as proposed or amended. Minutes of December 18, 2017, Regular Session, as proposed. ORAL PRESENTATIONS Iowa Code Chapter 21 gives the public the right to attend council meetings but it does not require cities to allow public participation except during public hearings. The City of Waterloo encourages the public to participate during the Oral Presentations by following the rules listed on the front of the agenda. 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 from Jackie Nelson for a waiver for a concrete driveway located at 4062 North Avenue with the elimination of the sidewalk section due to the inability to meet grade requirements. Submitted By: Eric Thorson, PE, City Engineer B. Motion to approve the following: 1. TRAVEL REQUESTS a. JB Bolger, Golf Manager Class/Meeting: Iowa Turfgrass Conference and Tradeshow Destination: Altoona, IA Dates: January 23-25, Amount not to exceed: $135 2018 b. P.O. Thomas Class/Meeting: Iowa Law Enforcement Academy (ILEA) Course Destination: Johnston, IA Dates: January 2 to April Amount not to exceed: $8,000 18, 2018 Page 2 of 92 C. Troy Luck and (2) WFR staff members Class/Meeting: Incident Command Blue Card Certification Destination: East Dubuque, IL Dates: February 22-25, Amount not to exceed: $1,659.82 2018 d. Tom Klein, Brad VanderWerff and Bob Jorgensen - Golf Superintendents Class/Meeting: Iowa Turfgrass Conference and Tradeshow Destination: Altoona, IA Dates: January 23-25, Amount not to exceed: $525 2018 2. Bonds. PUBLIC HEARINGS 2. Sale and Conveyance of City owned Property located at 809-811 E. 4th Street to the Boys & Girls Club of the Cedar Valley for $1.00 and approval of a Development Agreement. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution authorizing sale and conveyance of city owned property located at 809-811 E. 4th Street in the amount of$1.00, to Boys & Girls Club of the Cedar Valley, and authorize the Mayor and City Clerk to execute said documents. Resolution approving a Development Agreement with Boys & Girls Club of the Cedar Valley, and authorizing the Mayor and City Clerk to execute said agreement. Submitted By: Noel Anderson, Community Planning & Development Director 3. Request by the City of Waterloo to vacate approximately 4,518 square feet of Idaho Street right-of-way, located at the northeast corner of Idaho Street and Martin Luther King Jr. Drive. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments, and recommendation of approval of the Planning, Programming and Zoning Commission. Motion to receive, file, consider and pass for the first time and Ordinance approving a request to vacate approximately 4,518 square feet of Idaho Street right-of-way, located at the northeast corner of Idaho Street and Martin Luther King Jr. Drive. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt the Ordinance. Submitted By: Noel Anderson, Community Planning & Development Director RESOLUTIONS 4. Resolution approving Lease Agreement with Silver Eagle Harley Davidson for two (2) Harley Davidson police motorcycles for a twelve (12) month period at a cost of$166.67 per motorcycle, per month, for a total amount of$4000, and authorize the Mayor and City Clerk to execute said document. Page 3 of 92 Submitted By: Frank Krogh, Police Captain 5. Resolution rejecting all bids in conjunction with the construction of the FY 2018 Vehicle/Evidence storage Facility Project. Submitted By: Frank Krogh, Police Captain 6. Resolution approving Construction Plans for paving, sanitary sewer, and storm sewer serving Greenbelt Plat No. 8, as submitted by VJ Engineering, of Cedar Falls, Iowa, and Sewage Treatment Agreement between the Department of Natural Resources and the City of Waterloo, DNR Form 29 (Nov 00), and final acceptance of construction plans subject to the review and acceptance by the DNR, and authorize the Mayor to execute said document. Submitted By: Dennis Gentz, PE,Assistant City Engineer 7. Resolution approving the request by Deer Creek Development, LLC for the 9-lot Final Plat of Greenbelt Centre Plat No. 8, located west of 3211 Titan Trail. Submitted By: Noel Anderson, Community Planning & Development Director 8. Resolution accepting the award of not to exceed $10,000 for project costs for Intensive Historic Survey of the Smokey Row section of Waterloo from the State Historic Preservation Office, Department of Cultural Affairs Certified Local Government (CLG) Grant and authorize the Mayor and City Clerk to execute said documents. Submitted By: Noel Anderson, Community Planning and Development Director ADJOURNMENT Motion to adjourn. Kelley Felchle City Clerk MEETINGS 5:30 p.m. Special Organzational Meeting, Harold E. Getty Council Chambers 5:50 p.m. Finance Committee, Harold E. Getty Council Chambers PUBLIC INFORMATION 1. Leisure Services Commission Board minutes of November 14, 2017. Page 4 of 92 CITY OF WATERLOO Council Communication Minutes of December 18, 2017, Regular Session, as proposed. City Council Meeting: 1/2/2018 Prepared: REVIEWERS: D epartment Reviewer Action Date Clerk Office Higby, Nancy Approved 12/18/2017 - 4:41 PM ATTACHMENTS: Description Type ❑ Minutes of 12.18.17 Backup Material Submitted by: Submitted By: Page 5 of 92 December 18,2017 The Council of the City of Waterloo, Iowa, met in Regular Session at Harold E. Getty Council Chambers, Waterloo, Iowa, at 5:30 p.m., on Monday, December 18, 2017. Mayor Quentin Hart in the Chair. Roll Call: Jacobs,Morrissey,Powers,Amos, Schmitt,and Welper. Absent: Lind Prayer or Moment of Silence. Pledge of Allegiance: Ron Welper,Ward 5 Council Member 146372- Welper/Schmitt that the Agenda,as proposed,for the Regular Session on Monday,December 18,2017,at 5:30 p.m., be accepted and approved. Voice vote-Ayes: Six. Motion carried. 146373- Welper/Schmitt that the Minutes,as proposed,for the Regular Session on Monday,December 11,2017,at 5:30 p.m., be accepted and approved. Voice vote-Ayes: Six. Motion carried. Recognition and Swearing in of new Police Officer Steven Thomas. Recognition of Council members Ron Welper,Tom Powers,and Tom Lind. ORAL PRESENTATIONS Jinn Chapman,224 Bertch,commented that he has pictures of what Bremer County is doing for bridge repair. He also thanked staff for their work on the manhole covers on Downing Street. Josh Wilson,525 SE Prairie Park Lane,Waukee,shared that Major General Curly Holtman's wife passed away. David Dreyer,3145 W.4th Street,thanked Sam Barrett and the sanitation employees for their work on keeping the street dump site cleaned up. Mr.Morrissey thanked Tom Powers,Tom Lind,and Ron Welper for their service. Mayor Hart commented on the need for civility in meetings and stated that individuals who threaten department heads will be banned from public meetings. 146374- Welper/Morrissey that the above oral comments be received and placed on file. Voice vote-Ayes: Six. Motion carried. CONSENT AGENDA 146375- Welper/Schmitt that the following items on the consent agenda be received,placed on file and approved: a. Resolutions to approve the following: 1. Resolution approving Finance Committee Invoice Summary Report, dated December 18, 2017, in the amount of 51,514,983.60 a copy of which is on file in the City Clerk's office, together with recommendation of approval of the Finance Committee. Resolution adopted and upon approval by Mayor assigned No.2017-1010. 2. Resolution approving preliminary specifications, bid documents, etc., setting date of bid opening as January 4, 2018 and date of public hearing as January 8, 2018, for the Phelps Youth Pavilion Playscape Project,and instruct City Clerk to publish said notice. Resolution adopted and upon approval by Mayor assigned No.2017-1011. Page 6 of 92 December 18,2017 Page 2 3. Resolution setting the date of public hearing as January 2,2017 to approve the request by the City of Waterloo to vacate approximately 4,518 square feet of Idaho Street right-of-way, located at the northeast corner of Idaho Street and Martin Luther King Jr. Drive, and authorize City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No.2017-1012. 4. Resolution setting date of public hearing as January 2, 2018 to approve the sale and conveyance of city owned property located at 809-811 E 4th Street, in the amount of$1.00, to The Boys & Girls Clubs of the Cedar Valley, including a Development Agreement, and instruct City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No.2017-1013. b. Motion to approve the following: 1 Travel Requests Name&Title of Amount Personnel Class/Meeting Destination Date(s) not to Exceed a. Wayne Castle, Society of Land Ames,IA January 12, $130 Associate Engineer Surveyors of Iowa- 2018 2018 January Workshop 2. Approved Beer,Liquor,and Wine Applications Name&Address of New or Expiration Includes Business Class Renewal Date Sunda a. Curt's,32 Lafayette Street C Liquor Renewal 12/31/2018 x w/Outdoor Service 3. Mayor Hart's recommendation of the following appointments: Appointee Board/Commission Expiration Date New or Re- Appointment John Chiles Board of Adjustment 12/18/2022 New Jeri Thornsberry Board of Adjustment 12/18/2022 New John Beckman Board of Adjustment 12/18/2022 New 4. Work Session minutes of December 11,2017. 5. Human Resources Committee minutes of December 11,2017. Roll call vote-Ayes: Six. Motion carried. PUBLIC HEARINGS 146376- Schmitt/Amos that proof of publication of notice of public hearing on FY 2018 Police Vehicle/Evidence Storage Facility Project,as published in the Waterloo Courier on November 30,2017,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 comments and there were none. 146377- Schmitt/Amos Page 7 of 92 December 18,2017 Page 3 that the hearing be closed. Voice vote-Ayes: Six. Motion carried. 146378- Schmitt/Amos that "Resolution confirming approval of plans, specifications,bid documents, form of contract, estimate of cost,etc.",be adopted. Roll-call vote-Ayes: Six. Motion carried. Mr. Schmitt requested an overview of the purchase. Dan Trelka, Chief of Police, provided an overview of the need for building a new facility to store property evidence. Resolution adopted and upon approval by Mayor assigned No.2017-1014. 146379- Schmitt/Amos that"Resolution authorizing to proceed",be adopted. Roll-call vote-Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No.2017-1015. 146380- Schmitt/Amos Motion to receive and file and instruct City Clerk to read bids and refer to the Police Department for review. Estimate: $330,000 Bidder Bid Security Bid Amount Meyer Construction Inc. 5% $380,415.00 Sumner,IA Morton Buildings,Inc. 5% $496,000.00 Charles City,1A Gingerich Structures $20,000 $352,845.00 Cedar Falls,IA Check Voice vote-Ayes: Six. Motion carried. 146381 - Welper/Morrissey that proof of publication of notice of public bearing on the purchase of one (1) four-wheel drive compact pick-up truck with crew cab for Code Enforcement, as published in the Waterloo Courier on December 8,2017,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 comments. David Dreyer, 3145 W. 41h Street, questioned if the fleet has been looked at to determine if other vehicles could be use. Sandie Greco, Interim Public Works Director, explained why a crew cab is being selected and that there are no additional vehicles in the fleet to be used for this type of work. 146382- Welper/Morrissey that the hearing be closed and oral comments be received and placed on file. Voice vote-Ayes: Six. Motion carried. 146383- Welper/Morrissey that "Resolution confirming approval of specifications, bid document, form of contract, etc.", be adopted. Roll-call vote-Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2017-1016. Page 8 of 92 December 18,2017 Page 4 146384- Welper/Morrissey that"Resolution authorizing to proceed",be adopted. Roll-call vote-Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No.2017-1017. 146385- Welper/Morrissey Motion to receive and file and instruct City Clerk to read bids. Estimate: $25,000 Bidder Bid Amount Jerry Roling Motors,Inc. Waverly,IA $29,609.40 Community Motors Co.,Inc. Cedar Falls,IA $29,576.79 Rydell Chevrolet Waterloo,IA $30,644.60 Pat McGrath Chevrolet Cedar Rapids,IA $26,517.00 Voice vote-Ayes: Six.Motion carried. Mayor Hart stepped out at 6:00 p.m. 146386- Welper/Morrissey that"Resolution approving award of bid to Pat McGrath Chevy of Cedar Rapids,Iowa in the amount of$26,517, for the purchase of one (1) four-wheel drive compact pick-up truck with crew cab for Code Enforcement,and authorize the Mayor and City Clerk to execute said documents",be adopted. Roll-call vote-Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No.2017-1018. Mayor Hart returned at 6:01 p.m. RESOLUTIONS 146387- Morrissey/Powers that"Resolution approving a Professional Services Agreement with the University of Northern Iowa GeoTREE Center in the amount of$17,280, for creation of a city-wide address point feature class, for each building in the Waterloo City limits,and authorize the Mayor to execute said document",be adopted. Roll-call vote-Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No.2017-1019. 146388- Morrissey/Powers that"Resolution approving a one-year agreement with Sitelmprove,Inc. in the amount of$3,780 for software to analyze and identify city website ADA compliance and WCAG (web content accessibility guidelines) issues, and authorize the Mayor to execute said document", be adopted. Roll-call vote-Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No.2017-1020. 146389- Morrissey/Powers that"Resolution approving Donation Agreement with the Exchange Club of Waterloo and the City of Waterloo for donation of tricycle track for Exchange Park, and authorize the Mayor to execute said document",be adopted. Roll-call vote-Ayes: Six. Motion carried. Page 9 of 92 December 18,2017 Page 5 Paul Huting, Leisure Services Director,recognized several representatives of the Exchange Club of Waterloo that are in the audience whom have donated tens of thousands of dollars over the years for improvements in the park. Glenda Husome,Exchange Club,explained the focus of the Exchange Club and commented they are honored to make this donation to the City of Waterloo, and that the Exchange Club is celebrating 70th year. Resolution adopted and upon approval by Mayor assigned No.2017-1021. 146390- Amos/Morrissey that "Resolution approving award of bid to Boland Recreation Inc. of Marshalltown, Iowa, in the amount of$53,750, and approving the Contract, Bonds, and Certificate of Insurance in conjunction with the FY 2018 Mark's Park Resurfacing Project, and authorize the Mayor and City Clerk to execute said documents", be adopted. Roll-call vote-Ayes: Five. Abstain: One (Schmitt due to family relation). Motion carried. Resolution adopted and upon approval by Mayor assigned No.2017-1022. 146391 - Amos/Morrissey that"Resolution approving purchase agreement with Musco Sports Lighting of Oskaloosa,Iowa, in the amount of$89,000, in conjunction with the Riverfront Sports Park Diamond #2 Field Lighting Project, and authorize the Mayor and City Clerk to execute said documents", be adopted. Roll-call vote-Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No.2017-1023. 146392- Welper/Morrissey that "Resolution approving the Sanitary Sewer System Master Plan, 2017 Condition Assessment, and the 2017 Capacity Assessment in accordance with the requirements of the Consent Decree, and authorize the Mayor to execute said document", be adopted. Roll-call vote-Ayes: Six. Motion carried. Mr. Schmitt requested an overview of the item. Steve Hoambrecker, Waste Management Services Director, provided an overview of how the city got into the consent decree, the Sanitary Sewer System Master Plan, 2017 Condition Assessment, and the 2017 Capacity Assessment. He further explained that the master plan must be approved by the end of December 2017. Mayor Hart commented that the CMOM program will help keep the city from getting sideways with the EPA moving forward. Mr. Schmitt questioned if the city was not doing what they should have been doing prior to 2010 or if the rules changed. Steve Hoambrecker explained that to his knowledge the city was proactive but did not meet the expectations of the DNR. Mayor Hart commented that plans for this item are based on modeling and studies that staff has developed to address issues that came up in the past. He further commented that under Steve's leadership,moving forward the plan will work to avoid getting into that situation in the future. John Sherbon, 1715 Robin Road,questioned how the projects would be financed. Michelle Weidner, Chief Financial Officer, explained that the project will be funded by sewer rates that have been adjusted over time and state revolving loan fund that would not add to the general obligation debt. She further explained that sewer rates will most likely need to increase over five years. Page 10 of 92 December 18,2017 Page 6 Bruce Kaesser, 106 E.3rd Street,questioned how the city will avoid getting into the situation again. Steve Hoambrecker explained that the tools and information gathered will put the city into a position to avoid repeating the situation. Mayor Hart explained that the master plan is a contract with the EPA and the city is obligated to follow the plan. Resolution adopted and upon approval by Mayor assigned No.2017-1024. 146393- Sclvnitt/Amos that"Resolution approving Project No. 19856 and Contract No.9-I-180-ALO-135 for an Air Service Sustainment Grant from the Iowa Department of Transportation's Office of Aviation for the FY 2018 Air Service Development Program for the marketing and branding of the Waterloo Regional Airport, and Authorize the Mayor to execute said document",be adopted. Roll-call vote-Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No.2017-1025. 146394- Schmitt/Amos that"Resolution approving a Professional Services Agreement with AECOM Technical Services of Waterloo, Iowa in the amount of$57,850, in conjunction with the FY 2018 projects at Waterloo Regional Airport, and authorize the Mayor to execute said document", be adopted. Roll-call vote- Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No.2017-1026. 146395- Schmitt/Amos that"Resolution approving the request by Deer Creek Development, LLC for the 9-lot Preliminary Plat of Greenbelt Centre Plat No. 8, located west of 3211 Titan Trail",be adopted. Roll-call vote- Ayes: Six. Motion carried. Resolution adopted and upon approval by Mayor assigned No.2017-1027. ORDINANCES 146396- Mor7issey/Welper that "an Ordinance providing that general property taxes levied and collected each year on all property located within the newly described San Martian Urban Renewal and Redevelopment Plan Area, in the City of Waterloo, County of Black Hawk, State of Iowa, by and for the benefit of the State of Iowa, City of Waterloo, County of Black Hawk, Waterloo Community School District and other taxing districts,be paid to a special fund for payment of principal and interest on loans,monies advanced to and indebtedness, including bonds issued or to be issued, incurred by said City in connection with said urban renewal Project", be considered and passed for the third time and adopted. Roll-call vote-Ayes: Six. Motion carried. Ordinance adopted and upon approval by Mayor assigned No.5431. 146397- Amos/Morrissey that "an Ordinance providing that general property taxes levied and collected each year on all property located within the newly expanded San Martian Urban Renewal and Redevelopment Plan Area, in the City of Waterloo, County of Black Hawk, State of Iowa,by and for the benefit of the State of Iowa, City of Waterloo, County of Black Hawk, Waterloo Community School District and other taxing districts, be paid to a special fund for payment of principal and interest on loans,monies advanced to and indebtedness, including bonds issued or to be issued, incurred by said City in connection with said urban renewal Project",be received, placed on file, considered and passed for the third time and adopted. Roll-call vote-Ayes: Six. Motion carried. Page 11 of 92 December 18,2017 Page 7 Ordinance adopted and upon approval by Mayor assigned No. 5432. OTHER COUNCIL BUSINESS 146398- Wolper/Schmitt to approve Change Order No. 1, with Croell Construction, Inc. in the amount of $570.10 in conjunction with improvements to the FY 2017 Taxiway "C" pavement reconstruction Project, and authorize the Mayor to execute said document, be received, placed on file and approved. Voice vote-Ayes: Six. Motion carried. Keith Kaspari,Airport Director,explained the reason for the Change Order. Mr. Schmitt thanked Mr. Lind,Mr. Powers and Mr. Welper for their service and also welcomed the new council members Mrs.Klein,Mrs.Juon and Mr. Shimp. ADJOURNMENT 146399- Welper/Schmitt that the Council adjourn at 6:28 p.m. Voice vote-Ayes: Six. Motion carried. Kelley Felchle City Clerk Page 12 of 92 CITY OF WATERLOO Council Communication Request from Jackie Nelson for a waiver for a concrete driveway located at 4062 North Avenue with the elimination of the sidewalk section due to the inability to meet grade requirements. City Council Meeting: 1/2/2018 Prepared: 12/20/2017 REVIEWERS: Department Reviewer Action Date Engineering Thorson, Eric Approved 12/21/2017 - 10:06 AM Clerk Office Higby, Nancy Approved 12/21/2017 - 1:40 PM ATTACHMENTS: Description Type ❑ DW Waiver 4062 North Ave Cover Memo Request from Jackie Nelson for a waiver for a concrete driveway located SUBJECT: at 4062 North Avenue with the elimination of the sidewalk section due to the inability to meet grade requirements. Submitted by: Submitted By: Eric Thorson, PE, City Engineer Recommended Action: Recommended for approval by the City Engineer. Attached is a request for construction of a concrete driveway with the elimination of the sidewalk section due to the inability to meet requirements of the driveway and sidewalk specifications, Section 18, to be located at 4062 North Avenue. I have reviewed this request and recommend its approval subject to the following provisions: Summary Statement: 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 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. This is a waiver of the City's Standard Specifications for Driveway Background Information: Construction. It requires Council approval so that it can be recorded to the property, so that the waiver requirements run with the property ownership. Page 13 of 92 Legal Descriptions: PROSPECT ACRES W 100 FT N 189 FT LOT 2 BLK 1 Page 14 of 92 WAIVER Date: _ll Lo (I- 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) (Address) This waiver is needed because of: special surface texture to be used on the concrete approach (i.e., exposed aggregate, brick stamped pattern, paving brick). elimination of the sidewalk section due to the inability to meet the grade requirements. elimination of the sidewalk section for asphalt driveways. placement of a driveway or sidewalk on City right-of-way on an unimproved street. Other: 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 doll rs ($7.00) fo�p� the purpose of recording this agreement. Respectfully submitted, Printed Name of Property Owner SigiiAture of Property Owner Page 15 of 92 CITY OF WATERLOO Council Communication Bonds. City Council Meeting: 1/2/2018 Prepared: REVIEWERS: D epartment Reviewer Action Date Engineering Higby, Nancy Approved 12/20/2017 - 4:47 PM ATTACHMENTS: Description Type D Bonds for Council Approval 1.2.18 Backup Material SUBJECT: Bonds. Page 16 of 92 BONDS FOR COUNCIL APPROVAL January 2, 2018 RIGHT OF WAY CONSTRUCTION BOND AMOUNT $15,000.00 63451609 RLC Manufactured Housing Services, LLC CEDAR FALLS, IA Page 17 of 92 CITY OF WATERLOO Council Communication Sale and Conveyance of City owned Property located at 809-811 E. 4th Street to the Boys & Girls Club of the Cedar Valley for$1.00 and approval of a Development Agreement. City Council Meeting: 1/2/2018 Prepared: 12/13/2017 REVIEWERS: Department Reviewer Action Date Planning& Zoning Schroeder, Aric Approved 12/26/2017 - 12:22 PM Clerk Office Even, LeAnn Approved 12/27/2017 - 9:51 AM ATTACHMENTS: Description Type ❑ Development Agreement Backup Material ❑ Site Plan Backup Material ❑ Invision Design Backup Material Motion to receive and file proof of publication of notice of public hearji�". HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution authorizing sale and conveyance of city owned property located SUBJECT: at 809-811 E. 4th Street in the amount of$1.00, to Boys & Girls Club of the Cedar Valle . and authorize the Mayor and City Clerk to execute said documents. Resolution approving a Development Agreement with Boys & Girls Club of the Cedar Valley, and authorizing the Mayor and City Clerk to execute said agreement. Submitted by: Submitted By:Noel Anderson, Community Planning& Development Director Recommended Action: Approval Development agreement with The Boys & Girls Clubs of the Cedar Valley Summary Statement: for the development of a teen and education center located at 809-811 E 4th Street, and authorizing sale of the property for$1.00. Expenditure Required: Undetermined cost to demolish existing buildings. Source of Funds: Bonds. Policy Issue: Land Use and Economic Development, policies 1, 3 and 4. Alternative: N/A Page 18 of 92 Legal Descriptions: The North One-half of Lot 2, and all of Lot 3, in Block 68 of Cooley Addition, City of Waterloo, Black Hawk County, Iowa. Page 19 of 92 Preparer Information: Christopher S. Wendland, PO Box 596, Waterloo, Iowa 50704 (319)234.5701 Name Address City Phone SPACE ABOVE THIS LINE FOR RECORDER DEVELOPMENT AGREEMENT This Development Agreement (the "Agreement") is entered into as of , by and between The Boys & Girls Clubs of the Cedar Valley ("Developer") and the City of Waterloo, Iowa (the "City"). RECITALS A. City considers economic development within the City a benefit to the community and is willing for the overall good and welfare of the community to provide financial incentives so as to encourage that goal. B. Developer is willing and able to finance and renovate an existing building at 809-811 E. 4t" Street in Waterloo, legally described as set forth on Exhibit "A" attached hereto (the "Property"). AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. Sale of Property; Title. Subject to the terms hereof, City shall convey the Property to Developer for the sum of $1.00. Conveyance shall be by quit claim deed, free and clear of all encumbrances arising by or through City except: (a) easements, conditions and restrictions of record; (b) current and future real estate real property taxes and assessments; (c) general utility and right-of-way easements serving the Property; and (d) restrictions imposed by the City zoning ordinances and other applicable law. Developer may, at its own expense, obtain whatever form of title evidence it desires. If title is unmarketable or subject to matters not acceptable to Developer, and if City does not remedy or remove such objectionable matters in timely fashion following written notice of such objections from Developer, Developer may terminate this Agreement. Closing shall occur at any time that is mutually agreeable to the parties, but in any event not less than 10 days after City completes demolition of the Page 20 of 92 DEVELOPMENT AGREEMENT Page 2 existing structure and removal of materials. City expects to complete demolition within four months after the date of this Agreement. 2. Improvements by Developer. After conveyance, Developer will rehabilitate and renovate the Property substantially in accordance with the plans and drawings attached hereto as Exhibit "B" (the "Improvements"). The Property, the Improvements, and all site preparation and development-related work to make the Property usable for Developer's purposes as contemplated by this Agreement are collectively referred to as the "Project". All Improvements shall be constructed in accordance with all applicable City, state, and federal building codes and shall comply with all applicable City ordinances and other applicable law. 3. Timeliness of Project Work; Possibility of Reverter. The parties agree that Developer's commitment to undertake the Project and to complete the Improvements in a timely manner constitutes a material inducement for the City to convey the Property to Developer and that without said commitment City would not do so. Developer's responsibilities under this Agreement are therefore subject to the following deadlines: a. Renovation. Developer must begin work within six (6) months (the "Start Deadline") after the date of this Agreement and must substantially complete the Improvements within twelve (12) months thereafter (the "Completion Deadline"). If Developer has not obtained a building permit and in good faith begun construction of the Improvements by the Start Deadline, then at City's option title to the Property shall revert to the City, but if construction is imminent the City Council may, but shall not be required to, consent to an extension of time to begin construction or, if appropriate, to complete construction, and if an extension is granted but construction has not been commenced or substantially completed, as applicable, within such extended period, then the title to the Property shall revert to the City after the end of said extended period. b. Unavoidable Delays. If Developer has begun activity in compliance with the foregoing deadlines or any extended period and is stopped and/or delayed as a result of an act of God, war, civil disturbance, court order, labor dispute, fire, or other cause beyond the reasonable control of Developer, the requirement that construction is to be completed by the Completion Deadline shall be tolled for a period of time equal to the period of such stoppage or delay, and thereafter if construction is not completed within the allowed period of extension, the title to the Property shall revert to the City after the end of said period. 4. Reverter of Title. In the event of any reverter of title, Developer agrees that it shall, at its own expense, promptly execute all documents, including but not limited to a special warranty deed, or take such other actions as the City may reasonably request to effectuate said reverter and to deliver to City title to the Property that is free and clear of any lien, claim, or encumbrance arising by or through Page 21 of 92 DEVELOPMENT AGREEMENT Page 3 Developer. Concurrently with the deed, Developer shall deliver to City any and all abstracts of title that City had provided in connection with conveyance of the Property. Developer shall pay in full, so as to discharge or satisfy, all liens, claims, charges, and encumbrances on or against the Property. Appointment of Attorney-in-Fact: If Developer fails to deliver such documents, including but not limited to a special warranty deed and related abstracts of title, to City within thirty (30) days of written demand by City, then City shall be authorized to execute, on Developer's behalf and as its attorney-in-fact, the special warranty deed required by this Section, and for such limited purpose Developer does hereby constitute and appoint City as its attorney-in- fact. 5. No Warranties. Developer agrees that it will receive conveyance of the Property in its "AS IS" condition, with all faults, and that City makes no representations or warranties, and hereby expressly disclaims any and all warranties of any type or nature whatsoever, including but not limited to the condition, habitability, usability or operability of the Property for any particular purpose. 6. Indemnity. Developer further agrees that it shall indemnify City and hold it harmless with respect to any demand, claim, cause of action, damage, or injury made, suffered, or incurred as a result of or in connection with the Project, Developer's failure to carry on or complete same, or any lien, claim, charge, or encumbrance on or against the Property of any type or nature whatsoever that attaches to the Property by virtue of Developer's ownership of same. If City files suit to enforce the terms of this Agreement and prevails in such suit, then Developer shall be liable for all legal expenses, including but not limited to reasonable attorneys' fees. Developer's duties of indemnity pursuant to this Section shall survive the expiration, termination or cancellation of this Agreement for any reason. 7. No Encumbrances; Limited Exception. Until substantial completion of the Project, Developer agrees that it shall not create, incur, or suffer to exist any lien, encumbrance, mortgage, security interest, or charge on the Property, other than such mortgage or mortgages as may be reasonably necessary to finance Developer's undertaking of the Project and of which Developer notifies City in advance of Developer's execution of any such mortgage. The Property may be mortgaged or encumbered only to support the construction of Improvements on the Property. Developer may not cross-collateralize the Property to support the construction of improvements on any other real estate. 8. Water and Sewer; Utilities. Developer will be responsible for extending water, sewer and utilities services to any location on the Property and for payment of any associated connection fees. 9. Representations and Warranties of City. City hereby represents and warrants as follows: Page 22 of 92 DEVELOPMENT AGREEMENT Page 4 A. City is not prohibited from consummating the transaction contemplated in this Agreement by any law, regulation, agreement, instrument, restriction, order or judgment. B. Each person who executes and delivers this Agreement and all documents to be delivered hereunder is and shall be authorized to do so on behalf of City. 10. Representations and Warranties of Developer. Developer hereby represents and warrants as follows: A. Developer is not prohibited from consummating the transaction contemplated in this Agreement by any law, regulation, agreement, instrument, restriction, order or judgment. B. Developer is duly organized, validly existing, and in good standing under the laws of the State of Iowa. C. Developer has full right, title, and authority to execute and perform this Agreement and to consummate all of the transactions contemplated herein, and each person who executes and delivers this Agreement and all documents to be delivered to City hereunder is and shall be authorized to do so on behalf of Developer. 11. No Assignment or Conveyance. Developer agrees that it will not sell, convey, assign or otherwise transfer its interest in the Property prior to substantial completion of Improvements, whether in whole or in part, to any other person or entity without the prior written consent of City. Reasonable grounds for the City to withhold its consent shall include but are not limited to the inability of the proposed transferee to demonstrate to the City's satisfaction that it has the financial ability to observe all of the terms to be performed by Developer under this Agreement. 12. Materiality of Developer's Promises, Covenants, Representations, and Warranties. Each and every promise, covenant, representation, and warranty set forth in this Agreement on the part of Developer to be performed is a material term of this Agreement, and each and every such promise, covenant, representation, and warranty constitutes a material inducement for City to enter this Agreement. Developer acknowledges that without such promises, covenants, representations, and warranties, City would not have entered this Agreement. Upon breach of any promise or covenant, or in the event of the incorrectness or falsity of any representation or warranty, City may, at its sole option and in addition to any other right or remedy available to it, terminate this Agreement and declare it null and void. 13. Notices. Any notice under this Agreement shall be in writing and shall be delivered in person, by overnight air courier service, by United States registered or certified mail, postage prepaid, or by facsimile (with an additional copy delivered by one of the foregoing means), and addressed: Page 23 of 92 DEVELOPMENT AGREEMENT Page 5 (a) if to City, to City of Waterloo, 715 Mulberry Street, Waterloo, Iowa 50703, facsimile number 319-291-4571, Attention: Mayor, with copies to the City Attorney and the Community Planning and Development Director. (b) if to Developer, to The Boys & Girls Clubs of the Cedar Valley, 515 Pine Street, Waterloo, Iowa 50703, Attention: CEO. Delivery of notice shall be deemed to occur (i) on the date of delivery when delivered in person, (ii) one (1) business day following deposit for overnight delivery to an overnight air courier service which guarantees next day delivery, (iii) three (3) business days following the date of deposit if mailed by United States registered or certified mail, postage prepaid, or (iv) when transmitted by facsimile so long as the sender obtains written electronic confirmation from the sending facsimile machine that such transmission was successful. A party may change the address for giving notice by any method set forth in this section. 14. No Joint Venture. Nothing in this Agreement shall, or shall be deemed or construed to, create or constitute any joint venture, partnership, agency, employment, or any other relationship between the City and Developer nor to create any liability for one party with respect to the liabilities or obligations of the other party or any other person. 15. Amendment, Modification, and Waiver. No amendment, modification, or waiver of any condition, provision, or term of this Agreement shall be valid or of any effect unless made in writing, signed by the party or parties to be bound or by the duly authorized representative of same, and specifying with particularity the extent and nature of the amendment, modification, or waiver. Any waiver by any party of any default by another party shall not affect or impair any rights arising from any subsequent default. 16. Severability. Each provision, section, sentence, clause, phrase, and word of this Agreement is intended to be severable. If any portion of this Agreement shall be deemed invalid or unenforceable, whether in whole or in part, the offending provision or part thereof shall be deemed severed from this Agreement and the remaining provisions of this Agreement shall not be affected thereby and shall continue in full force and effect. If, for any reason, a court finds that any portion of this Agreement is invalid or unenforceable as written, but that by limiting such provision or portion thereof it would become valid and enforceable, then such provision or portion thereof shall be deemed to be written, and shall be construed and enforced, as so limited. 17. Captions. All captions, headings, or titles in the paragraphs or sections of this Agreement are inserted only as a matter of convenience and/or reference, and they shall in no way be construed as limiting, extending, or describing either the scope or intent of this Agreement or of any provisions hereof. Page 24 of 92 DEVELOPMENT AGREEMENT Page 6 18. Binding Effect. This Agreement shall be binding and shall inure to the benefit of the parties and their respective successors, assigns, and legal representatives. 19. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which, taken together, shall constitute one and the same instrument. 20. Entire Agreement. This Agreement, together with the exhibits attached hereto, constitutes the entire agreement of the parties and supersedes all prior or contemporaneous negotiations, discussions, understandings, or agreements, whether oral or written, with respect to the subject matter hereof. 21. Time of Essence. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties have executed this Development Agreement by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO, IOWA THE BOYS & GIRLS CLUBS OF THE CEDAR VALLEY By: By: Quentin M. Hart, Mayor Title: Attest: Kelley Felchle, City Clerk Page 25 of 92 EXHIBIT "A" Legal Description of Property The North One-half of Lot 2, and all of Lot 3, in Block 68 of Cooley Addition, City of Waterloo, Black Hawk County, Iowa. Page 26 of 92 EXHIBIT "B" Plans See attached. Page 27 of 92 APPROXIMATE TOTAL GROSS BUILDING AREAS: 2 STORIES AS SHOWN: 9,950 SF 2 STORIES WITH ADDITIONAL PARALLEL PARKING ALONG DRIVEWAY: 8,500 SF IF THE CITY REQUIRES MORE ADDITIONAL PARKING DUE TO THE 40%INCREASE IN BUILDING AREA.PARALLEL PARKING ALONG THE DRIVE WAY COULD BE CONSIDERED.THE RESULTING 6 TO 8 WIDER DRIVEWAY WOULD RESULT IN A SMALLER MAX. BUILDING OF THIS SIZE 160'-0" 5' 0" 60'-0" ® o 0 0 Lu STORAGE/MECH 550SF CD ¢ 15 STALLS ~ o (added 2) a z _ a' rn O a U) p U) GYM 2600 SF o u- _ 0 (DOUBLE HEIGHT 3400 SF w ui SPACE) a Q ® x LJ- - - - - - - - - - - - w AV0 o w o FORMER CANDY STORE SITE ry 0 0 rn 0 ti CHUCKSTER'S 50'-0" 110'-0" PINE ST. TEEN CENTER SITE PLAN - LARGER SITE 1/32 - l'-O" INVISION 12/07.2017 Page 28 of 92 s N W Q Wawa vUi � �A R k s 9 , r J� I i N I La � LL O W Q V z LU kok I.— Q Q 3 � LL W J Im U W v) `x W U' V z Z Q �srr W � W Q H m O Z a o 0 n r w. '1S Hit '3 r 0 AVMIAiaa K I I I t z LU }r Q o z � I` 17: m z w IN 't o �z o M O O Zz QW J Q C LU LU co O h LU cn � � U LU ' \. Z O - / LLJ U OC I U Lu „. w O Jm J ma»t Q ( Un47 y y' � � � Z- o � w n r a�"'awN 0 z w Z LL r o ¢ O a LL x a a, r � J } LL d' (n r N z � w o-, a m--- I EMI M= IH O III--- m = F-1 w LL m---pll w C Qof �I Y pll III O III III � I I r � � J r � z N O 14 y LL Ill--- (n W M III---11 ¢ N > III___11 U n III III Q O Iff J � III II II h I III O N II1 d Z Q J a Q � Q � 3 ILL. LL Ix U W J H � Z W U Z W W Q H m Z° FF-- I 77' / O p Z w n r 4co EwawM I— a- O Ll z O O 0 z 0 0 a O O O O mm O J 000 0 ow a J W W W N r K U as � y U N � ,v cl W � LU N Q U a � � O N H a N 0 N M N O d Z J � Q Q J OLU I.- LL. 3 D LL z 0 N Ix U W J H � z 0 W U Z z a W W Q H m Z O Z� CITY OF WATERLOO Council Communication Request by the City of Waterloo to vacate approximately 4,518 square feet of Idaho Street right-of-way, located at the northeast corner of Idaho Street and Martin Luther King Jr. Drive. City Council Meeting: 1/2/2018 Prepared: 12/26/2017 REVIEWERS: Department Reviewer Action Date Planning& Zoning Schroeder, Aric Approved 12/27/2017 - 10:23 AM Clerk Office Even, LeAnn Approved 12/27/2017 - 1:17 PM ATTACHMENTS: Description Type ❑ Aerial Image Cover Memo ❑ Overview Map Cover Memo ❑ Plat Cover Memo ❑ Pictures Cover Memo ❑ Application Cover Memo ❑ Staff Report Cover Memo D Legal Description Backup Material Motion to receive and file proof of publication of notice of public hearing_ HOLD HEARING -No comments on file. Motion to close hearing and receive and file oral and written comments, and recommendation of approval of the Planning Pro agr mining and Zoning Commission. SUBJECT: Motion to receive, file, consider and pass for the first tine and Ordinance apnrovnig a request to vacate approximately4,518 square feet of Idaho Street right-of-way, located at the northeast corner of Idaho Street and Martin Luther King Jr. Drive. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt the Ordinance. Submitted by: Submitted By:Noel Anderson, Community Planning& Development Director Recommended Action: Approval Request by the City of Waterloo to vacate approximately 4,518 SF of Idaho Street right-of-way, located at the northeast corner of Idaho Street and Summary Statement: Martin Luther King Jr. Drive. The are being vacated is not needed for street purposes, and will be included with additional City owned land to the east that is under purchase agreement to be sold and developed for commercial purposes. Page 33 of 92 Expenditure Required: None Source of Funds: N/A Policy Issue: Economic Development,policies 1, 3 and 4. Alternative: N/A The request to vacate the section of Idaho Street right-of-way would not appear to have a negative impact on neighborhood. The request to vacate would not appear to have a negative impact on vehicular traffic in the area as the section of right-of-way is not needed for transportation purposes. The area of the vacated is not in a flood plain as indicated by the Flood Insurance Rate Map No. 1900025 0193F however, the eastern portion of the land that the vacate will be attached to is in the 500-year flood plain and the small portions of the eastern most land is in the 100-year flood plain. There is no open space in the area. Expo Alternative School is located 0.51 mile to the south. There is a 18" Storm Sewer line located on the eastern side of Idaho Street but not within the area to be vacated, and overhead utilities located along the western side of Idaho. The Future Land Use Map designates the area as Mixed Commercial: Background Information: Medium to High Density Residential, Professional Office and Compatible Commercial, and this request would be in compliance with such designation. The request to vacate a portion of the Idaho Street Right-of-Way would not appear to have a negative impact on the neighborhood or traffic conditions in the area. The proposed vacate will allow the property to have the same westerly property line as the parcels to the north. The section of right-of-way proposed to be vacated is not needed for transportation purposes and would leave 65' right-of-way matching the ROW of Idaho Street to the north of the vacate. During Tech Review it was noted that the water main is on the west side of Idaho then turns west along the north side of Willow Street. It was also noted that there is a storm sewer inlet and drainage way on the north side of the property. These issues do not affect the vacate but will need to be taken into account when a Site Plan Amendment is submitted. At their December 5, 2017 meeting the Planning, Programming and Zoning Commission unanimously recommended approval of the vacate. APART OF EXISTING IDAHO STREET THAT IS SITUATED IN THE SOUTHEAST 1/4 OF SECTION 19, TOWNSHIP 89 NORTH, Page 34 of 92 RANGE 12 WEST OF THE 5TH P.M. IN THE CITY OF WATERLOO, COUNTY OF BLACK HAWK, STATE OF IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE SOUTHEAST 1/4 OF SAID SECTION 19; THENCE NORTH 88^ (DEGREES)43' (MINUTES) 55" (SECONDS) EAST (ASSUMED BEARING FOR THE PURPOSE OF THIS DESCRIPTION) ON THE NORTH LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 19 A DISTANCE OF 33.50 FEET TO THE PRESENT EAST RIGHT- OF-WAY LINE OF IDAHO STREET, BEING THE POINT OF BEGINNING OF THAT PART OF IDAHO STREET TO BE VACATED; THENCE SOUTH O1°05'55" EAST ON THE PRESENT Legal Descriptions: EAST RIGHT-OF-WAY LINE OF IDAHO STREET, 272.17 FEET TO THE PRESENT NORTH RIGHT-OF-WAY LINE OF MARTIN LUTHER KING JR. DRIVE; THENCE NORTH 70'38'19"WEST ON THE PRESENT NORTH RIGHT-OF-WAY LINE OF MARTIN LUTHER KING JR. DRIVE, 18.15 FEET TO A LINE THAT IS 17.00 WEST OF AND PARALLEL WITH THE PRESENT EAST RIGHT- OF-WAY LINE OF IDAHO STREET; THENCE NORTH O1°05'55" WEST ON THE LINE THAT IS 17.00 WEST OF AND PARALLEL WITH THE PRESENT EAST RIGHT-OF-WAY LINE OF IDAHO STREET, 265.78 FEET TO THE NORTH LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 19; THENCE NORTH 88043'55" EAST ON THE NORTH LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 19, A DISTANCE OF 17.00 FEET TO THE POINT OF BEGINNING. CONTAINING 4,573 SQUARE FEET OR 0.10 ACRE. Page 35 of 92 City of Waterloo Planning, Programming and Zoning Commission December 5, 2017 o WILLOW ST MW pp CO Area Requested to be Vacated 'i vo qY Fir— N Northeast Corner of Idaho Street and WE MLK Jr. Drive Vacate Request 75 37.5 0 75 • City of Waterloo Feet Page 36 of 92 City of Waterloo Planning, Programming and Zoning Commission December 1 '11 111 _—_ — 11111111 11111111 ■11111111 ■111111■ ■1111111 _ � , „"""" 111111/1 111■■� .11111111 ■'ll�.■ ■11■1■ —= i■■ 11111111 111■1■ —� ■ =■ == �,1� ■■ �■I■1■ It �C � ■ � 1■ ___ __111111■ -_-_ �_ ME -- �_ ■I_III■LI = ■1111■■ --_ -- �■ ■� ■ MINE ■ ■■ ■_■ C 11 ■1111■ �� �� �_� ■� 1 111111 __11111111 ■� �� �� �� 11 1 =1111111 ■■1111111111111 ■■ � ■ =11111111 —\1111 /111111111 �, ■■ ■111 - �1� 111� ■, ■ �11111111 -3,R-P \ . . =� X11111111 �I,�- � ��IIIIII IIIIIIIIII jll ■ 1111111111 . • = == � ■��i !JAI' == =■ �ii� ■ ■■ ■■ � �//ice �� � 11■I � ✓I' - 111111 1111 111111 1 111 111111 I�II� -� 1111■ ■111111 11■11111 11111111111 111111111 111111 ����II� — ■= ■� 11■■11■■ ■■1111■ 1111■1 r �I1�, 11111 I■ 111111 il�� 11■11 11■■1 11111111 71111 111111 '� _■ ■_ =11: 11111111 IN ■ ■11111 11111111 , 11111 11111 I__ =1- �. _ ■= =-= ■111111■ ■11111111111■IIII I�;j�ji iiiliu �,mill II II � 111► ,�' 111111111■ ■1111111■ 1111111. 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C1111111111111GIIIIIIIII r II! 1111111 111111 :IIIIIIIIII - 11111 .1■111■1 11111111 • Allr 11111 - 1111111 ■111 11■1111111 111111111 - �11111 111111111■ 111111111 flllll: :lll 1 =■IIIII _ i� 5 11111111111 111111111 '� 1■ lily: 11111111111 ` _ ���� 1111 :il IIIII_ --"— 111111 =111111► __ -■ -_ 7 u� I11111111111111�� =Ma 1 _ Northeast1 of Idaho Street and MLK Jr. Drive Vacate Request 500 0 rIWO City 1 1 1 Page 37 of 92 w a _ i£99-Z£Z-bi£ '£6L0S'WAOI'OO11131VA 'ZZZ 3Ans '13381S 3HOWtl3AS 109 'H031 H1HV3 '319Vd'H 13VH0IW IAS 03Htld3Hd O O R 2Q M K�SQO � xS1 1/rl"3 i+I K:AUJ Q UO �po L`'1 W O xdam Ww s°o'zo Wo Zai�J=�o LLmmo?Nr �cwo jr o wwW S Q xNoofmPm Wyl WvriOoQ fZZ iYWlrp N Z wF zO ¢ W- >Nmw qqxi¢ o ZLL c N w z or- o r Z— 3or0 o �oozMrw��_zoFzOwLL xwx" or <— wP-LLxozx zamJviG¢xi-�- QU Oi}Z moW�0--JrOW=FaUJrO No NOP HK�O3¢ odDoV" "rtOr PIW Z.11zozoxonP- o y J WW WIJZ Xr6aUN ZWZwrU W.Z.O.U�-� 3 Z op x O a z O W 3 0j ONS S O¢ W r W¢U F W Z w U KKa'YH���wmw F"m 2w rlyl}SU Z �K 3 wo3 Zd 03o0>''n��N O:nw mr¢ ZaW3G"1-¢�N.0UW3in N "1O w~=��apN~OO6HmZ U yxjrm Zlx-PFV Qa ZOQ�OQZtOp < O O 031a r0uri2w43Ow�UW=F Q 3Wo SSrp"Or UZZP1x0 O Vl O Z " .N 1} rOVf-w W OS UN P 2 C F -J O O W J U r r \WQ �W6 W HxQ> >C O "�4 rrOiW WS OUi(Ix - =1-� QO ww_YUJ� HZ'.'WT ZQ " ASO OOWU00 O F. 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O N W i 3ZN vt�W K W aeE 3 in /y Fy Q Q$o in c J- W a fir- S I J//JJJm N - Y N-Y W 3 i�f Fx POWr K�Z m W O I Ir V Q sb•0�,1� In �^ Qoo J II op � mp o"wz \ 1 m m z "Z z - c n Y 3 `\ \ O S O 1 WWi s m I a i —__—__T333__ ____ __ ___________ _-___ 12115 OHtl01 r Nouoi Na " N ac P do -,9 o P W 3 W m._ W O In i(I v "i Z-99-e-=m Om U u " 2 3 o Z Z Z �U Z O " O Vacate Request — Idaho Street and MLK Jr. Drive k ' fi Looking north along the east side of Idaho Looking west across Idaho Street at the Street at the area that is requested to be existing overhead electrical lines. These vacated. power lines are not in the vacate area. i'. 771 t, Looking east from the east side of Idaho Looking east from the area in question at Street at a storm water inlet and the the existing drainage way. existing drainage way. Page 39 of 92 Vacate Request — Idaho Street and MLK Jr. Drive y`A Looking northwest at the area requested to be vacated. Page 40 of 92 City of Waterloo Planning & Zoning Department 715 Mulberry Street, Waterloo, Iowa 50703 (319) 291-4366 XOffer to Vacate and Purchase City Right-of-Way ❑ Request to Vacate Easement,Vacate Sidewalk,or Encroachment Agreement �❑ Sale of City-Owned Property Applicant:C /_/U pas Address: 7/_S //'�1� , � �7 Phone No.: General Description of Property to Vacated(i.e.-alley between A St.&B St., South of C St.): Legal description of area to be conveyed,vacated,or encroached: 1. A non-refundable filing fee(s)shall be made as follows(checks payable to City of Waterloo): �)Right-of-way vacation—One Hundred Seventy Five Dollar(U75.00yFiling 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: A i 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 additiona constructi the reaso or the request. f a1 Applicant Date *Not required for easement vacates sidewalk vacates or Encroachment Agreements Page 41 of 92 December 5,2017 REQUEST: Request by the City of Waterloo to vacate approximately 4,518 SF of Idaho Street right-of-way, located at the northeast corner of Idaho Street and Martin Luther King Jr. Drive. APPLICANT(S): City of Waterloo 715 Mulberry Street Waterloo Iowa 50703 GENERAL The applicant is requesting to vacate a portion of Idaho Street DESCRIPTION: ROW located northeast of the corner of Idaho Street and Martin Luther King Jr. Drive. IMPACT ON The request to vacate the section of Idaho Street right-of-way NEIGHBORHOOD & would not appear to have a negative impact on neighborhood. SURROUNDING LAND USE: VEHICULAR & The request to vacate would not appear to have a negative PEDESTRIAN impact on vehicular traffic in the area as the section of right- TRAFFIC of-way is not needed for transportation purposes. CONDITIONS: RELATIONSHIP TO The Martin Luther King Jr. trail is located to the south of the RECREATIONAL property. The Martin Luther King Jr. trailhead is located just TRAIL PLAN and south of the property in question. COMPLETE STREETS POLICY. ZONING HISTORY The site has been zoned "C-P" Planned Commercial District FOR SITE AND since the adoption of Ordinance 4950 on July 27, 2009. IMMEDIATE VICINITY: North — Residential zoned "C-1" Neighborhood Commercial and "R-2" One and Two Family Residence District. South —Agriculture and the Union Pacific Railroad zoned "R- 3,RP" Planned Multiple Family District. East —Agriculture and Residential zoned "R-2" One and Two Family Residence District. West —Agriculture and Residential zoned "R-2" One and Two Family Residence District and "R-3,RP" Planned Multiple Family District. BUFFERS The request would not require any buffering by ordinance REQUIRED/ NEEDED: standards. DRAINAGE: The proposed vacate would not appear to have a negative impact on drainage. DEVELOPMENT Residential buildings built between 1942 and 2014 and a HISTORY: subdivision built to the north in 1961. FLOODPLAIN: The area of the vacated is not in a flood plain as indicated by the Flood Insurance Rate Map No. 1900025 0193F however, the eastern portion of the land that the vacate will be attached to is in the 500-year flood plain and the small portions of the Vacate-Idaho Street Page 1 of 2 Page 42 of 92 December 5,2017 eastern most land is in the 100-year flood plain. PUBLIC /OPEN There is no open space in the area. Expo Alternative School is SPACES/ SCHOOLS: located 0.51 mile to the south. UTILITIES: WATER, There is a 18" Storm Sewer line located on the eastern side of SANITARY SEWER, Idaho Street but not within the area to be vacated, and STORM SEWER, overhead utilities located along the western side of Idaho. ETC. RELATIONSHIP TO The Future Land Use Map designates the area as Mixed COMPREHENSIVE Commercial: Medium to High Density Residential, LAND USE PLAN: Professional Office and Compatible Commercial, and this request would be in compliance with such designation. STAFF ANALYSIS — The request to vacate a portion of the Idaho Street Right-of- ZONING Way would not appear to have a negative impact on the ORDINANCE: neighborhood or traffic conditions in the area. The proposed vacate will allow the property to have the same westerly property line as the parcels to the north. The section of right-of-way proposed to be vacated is not needed for transportation purposes and would leave 65' right- of-way matching the ROW of Idaho Street to the north of the vacate. During Tech Review it was noted that the water main is on the west side of Idaho then turns west along the north side of Willow Street. It was also noted that there is a storm sewer inlet and drainage way on the north side of the property. These issues do not affect the vacate but will need to be taken into account when a Site Plan Amendment is submitted. STAFF ANALYSIS — SUBDIVISION There would be no platting required in relation to the request. ORDINANCE: STAFF RECOMMENDATION: Therefore, staff recommends the request to vacate 4518 SF of Idaho Street right-of-way be approved for the following reasons: 1. The request to vacate would not appear to have a negative impact on the surrounding area. 2. The request to vacate would not appear to have a negative impact on vehicular or pedestrian traffic in the area. 3. The right-of-way is not needed for transportation purposes. Vacate-Idaho Street Page 2 of 2 Page 43 of 92 DESCRIPTION: FOR VACATING A PART OF THE RIGHT-OF-WAY OF IDAHO STREET NORTH OF MARTIN LUTHER KING JR. DRIVE A PART OF EXISTING IDAHO STREET THAT IS SITUATED IN THE SOUTHEAST 1/4 OF SECTION 19, TOWNSHIP 89 NORTH, RANGE 12 WEST OF THE 5TH P.M. IN THE CITY OF WATERLOO, COUNTY OF BLACK HAWK, STATE OF IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE SOUTHEAST 1/4 OF SAID SECTION 19; THENCE NORTH 88^ (DEGREES) 43' (MINUTES) 55" (SECONDS) EAST (ASSUMED BEARING FOR THE PURPOSE OF THIS DESCRIPTION) ON THE NORTH LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 19 A DISTANCE OF 33.50 FEET TO THE PRESENT EAST RIGHT-OF-WAY LINE OF IDAHO STREET, BEING THE POINT OF BEGINNING OF THAT PART OF IDAHO STREET TO BE VACATED; THENCE SOUTH 01005'55" EAST ON THE PRESENT EAST RIGHT-OF-WAY LINE OF IDAHO STREET, 272.17 FEET TO THE PRESENT NORTH RIGHT-OF-WAY LINE OF MARTIN LUTHER KING JR. DRIVE; THENCE NORTH 70038'19"WEST ON THE PRESENT NORTH RIGHT-OF-WAY LINE OF MARTIN LUTHER KING JR. DRIVE, 18.15 FEET TO A LINE THAT IS 17.00 WEST OF AND PARALLEL WITH THE PRESENT EAST RIGHT-OF-WAY LINE OF IDAHO STREET; THENCE NORTH 01°05'55" WEST ON THE LINE THAT IS 17.00 WEST OF AND PARALLEL WITH THE PRESENT EAST RIGHT-OF-WAY LINE OF IDAHO STREET, 265.78 FEET TO THE NORTH LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 19; THENCE NORTH 8843'55" EAST ON THE NORTH LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 19, A DISTANCE OF 17.00 FEET TO THE POINT OF BEGINNING. CONTAINING 4,573 SQUARE FEET OR 0.10 ACRE. Page 44 of 92 CITY OF WATERLOO Council Communication Resolution approving Lease Agreement with Silver Eagle Harley Davidson for two (2) Harley Davidson police motorcycles for a twelve (12)month period at a cost of$166.67 per motorcycle, per month, for a total amount of$4000, and authorize the Mayor and City Clerk to execute said document. City Council Meeting: 1/2/2018 Prepared: 12/20/2017 REVIEWERS: Department Reviewer Action Date Police Department Leibold, Joe Approved 12/20/2017 - 3:08 PM Clerk Office Higby, Nancy Approved 12/21/2017 - 1:39 PM ATTACHMENTS: Description Type ❑ Lease Agreement Cover Memo Resolution approving Lease Agreement with Silver Eagle Harley Davidson for two (2) Harley Davidson police motorcycles for a twelve (12) SUBJECT: month period at a cost of$166.67 per motorcycle, 12er month, for a total amount of$4000, and authorize the Mayor and City Clerk to execute said document. Submitted by: Submitted By: Frank Krogh, Police Captain Request that the City Council pass a resolution authorizing Mayor Clark to Recommended Action: sign the lease agreement with Silver Eagle Harley Davidson for 2 Police Motorcycles for a 12 month period at a cost of$4000. This is a one year lease to continue the motorcycle patrol that the Police Summary Statement: Department uses during the summer months for$166.67 per month per motorcycles for twelve months. Expenditure Required: Yes Source of Funds: General Funds Policy Issue: N/A Alternative: The Police Department does not own motorcycles, without the lease there would be no motorcycle patrol enforcement during the warmer months. Background Information: N/A Legal Descriptions: Two 2018 Harley- Davidson Police Motorcycle, model FLHTP Page 45 of 92 I of 3 SILVER EAGLE HARLEY-DAVIDSON FLHTP LEASE This agreement made and entered into between Silver Eagle Harley-DavidsonMuell, designated as the lessor, and the City of Waterloo, Iowa, designated as the lessee, made this 1 st day of April in the year 2018 , for the purpose of leasing to the lessee two (2) Harley-Davidson Police Motorcycles under the following terms and conditions: 1. EQUIPMENT. 2018 Harley-Davidson Police motorcycle, model FLHTP with windshield, tour pack, and saddlebags. VIN#XXXXXXXXXXXXXXX. j 2018 Harley-Davidson Police motorcycle, model FLHTP with windshield, tour pack, and I saddle bags. VIN#XXXXXXXXXXXXXXX. 2. AGREEMENT TERMS. This shall be effective as of the date of execution through December 31, 2018. This twelve (12) month lease is turnable after nine (9) months. The motorcycle(s) leased under this agreement is to be used for police and related activities only. The twelve (12) months of the lease the lessee is responsible for maintenance listed in section 3, and the insurance requirement in section 4. The twelve (12) months of the lease, the lessee is required to pay an amount of$166.67 per month/per bike for twelve (12) months/per bike or $2000.00lper bike for the year along with maintenance in section 3, and the insurance requirement in section 4. This lease provides for the installation of law enforcement equipment. 1 3. MAINTENANCE. Lessee shall pay for services provided to the motorcycle(s) for normal wear & tear items (i.e.: brakes, tires, etc.). Lessee shall be billed the usual and customary service costs of the lessor in connection, with the services provided. Payment will be for services on the motorcycle(s), not for the motorcycle(s) themselves. { 4. INSURANCE. At their own expense, the lessee shall carry automobile liability insurance with a minimum combine single limit of$1,000,000 with respect to the motorcycle(s), and shall carry public liability and property damage insurance sufficient to protect the lessor from liability in all events. The lessee shall carry workers compensation insurance covering all of it s employees working on, in or about the motorcycle(s). A certificate of insurance evidencing said coverage and listing the Silver Eagle Harley-Davidson/Buell, as additional name insured shall be issued to the lessee. Page 46 of 92 2 of 3 The lessee shall furnish to the lessor certificates or other satisfactory evidences of all insurance coverage described above as required terms and conditions of this agreement. The lessee shall carry comprehensive general liability insurance including general. liability exposure coverage with a minimum combined single limit of $1,000,000. A certificate of insurance evidencing such coverage and listing the Silver Eagle Harley- Davidson/Buell as an additional name insured shall be issued to the lessee. 1 5. HOLD HARMLESS INDEMNIFICATION BETWEEN PARTIES. The lessee agrees to protect, defend, indemnify and hold harmless the lessor from and to the extent permitted by law, against any losses, penalties, damages, settlements, costs, charges or other expenses or liabilities of any kind in connection with the leasing of the j motorcycle(s) as described in this document, except that the lessee shall not be liable for the negligence of the lessor that might arise out of the maintenance of the described motorcycle(s), or such losses that may arise while the motorcycle(s) are under the care, 1 custody or control of the lessor. 6. CARE AND USE OF EQUIPMENT. I The lessor agrees to maintain the motorcycle(s) pursuant to the manufacturer's standard preventive maintenance contract and/or recommendations. All repairs and maintenance shall be made at Silver Eagle Harley-Davidson/Buell, 4022 Sergeant Road, Waterloo, Iowa 50701. The lessees, at their own expense, shall ensure delivery of the motorcycle(s) to Silver Eagle Harley-Davidson/Buell, 4022 Sergeant Road, Waterloo, Iowa 50701, for every service starting at 1000 mile, 2500 mile, and 5000 mile for regular maintenance at the lessee's expense. The maintenance fee is done at the normal shop rate. i The lessee shall protect the motorcycle(s) from deterioration other than normal wear and tear, the lessee shall use the motorcycle(s) for police related activities only, without abuse, and shall not make repairs, modifications, alterations or additions to the motorcycle(s)without written consent of the lessor. The lessor shall have the right, after first notifying lessee and during regular business hours, to enter upon the premises where the motorcycle(s) are located in order to inspect, observe or otherwise protect the lessor's interest, and the lessee shall afford them the reasonable opportunity to do so. 7. DAMAGE OR DETERIORATION OF THE MOTORCYCLE. In the event the motorcycle(s) are partially damaged or destroyed prior to the end of the term of this agreement, the lessee will promptly have the motorcycle(s) repaired and restored to its original condition and working order at their expense. Page 47 of 92 3 of 3 In the case of theft or total loss of the motorcycle the replacement value of the motorcycle shall be $20,500.00. 8. RIDER RESPONSIBILITIES. There shall be one or more rider for the motorcycle(s), and that rider shall be responsible for keeping the motorcycle(s) clean and for reporting any repairs needed to the lessor. 9. EVENTS OF DEFAULT AND REMEDIES Lessee shall be deemed to be in default under this agreement upon the happening of any of the following events of default. A. Lessee fails to comply with any term, covenant or condition contained herein. Upon the occurrence of any event of default as specified above, should lessee fail to remedy such event of default with all reasonable dispatch within a period of thirty (30) days, lessor shall have the right, after written notice to the lessee, to pursue any of the following remedies. I. Repossession of the motorcycle(s), including the right to sell or lease the motorcycle(s) for the account of the lessee. The lessor shall be deemed to be in default under this agreement upon failure to comply with any term, covenant or condition contained herein. LESSEE: LESSOR: Silver Eagle Harley-Davidson/Buell By: By: Printed Name: Anthony Lumetta, Owner Title: Page 48 of 92 CITY OF WATERLOO Council Communication Resolution rejecting all bids in conjunction with the construction of the FY 2018 Vehicle/Evidence storage Facility Project. City Council Meeting: 1/2/2018 Prepared: 12/19/2017 REVIEWERS: Department Reviewer Action Date Police Department Krogh, Frank Approved 12/19/2017 - 4:52 PM Clerk Office Even, LeAnn Approved 12/21/2017 - 5:12 PM SUBJECT: Resolution rejecting all bids in conjunction with the construction of the FY 2018 Vehicle/Evidence storage Facilit, Project. Submitted by: Submitted By: Frank Krogh, Police Captain Approve the resolution rejecting all bids and return of bid security to all Recommended Action: bidders for the construction of the FY 2018 Vehicle/Evidence Storage Facility project. Three bids were received and the low bid exceeded available funding. We Summary Statement: would like to revise the bid specifications and set a new bid opening and public hearing date later in January to rebid this project. Expenditure Required: None Source of Funds: N/A Page 49 of 92 CITY OF WATERLOO Council Communication Resolution approving Construction Plans for paving, sanitary sewer, and storm sewer serving Greenbelt Plat No. 8, as submitted by VJ Engineering, of Cedar Falls, Iowa, and Sewage Treatment Agreement between the Department of Natural Resources and the City of Waterloo, DNR Form 29 (Nov 00), and final acceptance of construction plans subject to the review and acceptance by the DNR, and authorize the Mayor to execute said document. City Council Meeting: 1/2/2018 Prepared: 12/20/2017 REVIEWERS: Department Reviewer Action Date Engineering Thorson, Eric Approved 12/21/2017 - 10:07 AM Clerk Office Even, LeAnn Approved 12/27/2017 - 1:25 PM Resolution approving Construction Plans for paving, sanitary sewer. and storm sewer serving Greenbelt Plat No. 8, as submitted by VJ Engineering, of Cedar Falls. Iowa, and Sewage Treatment Agreement SUBJECT: between the Department of Natural Resources and the City of Waterloo DNR Form 29 (Nov 00); and final acceptance of construction plans subject to the review and acceptance by the DNR, and authorize the Mayor execute said document. Submitted by: Submitted By: Dennis Gentz, PE,Assistant City Engineer Page 50 of 92 CITY OF WATERLOO Council Communication Resolution approving the request by Deer Creek Development, LLC for the 9-lot Final Plat of Greenbelt Centre Plat No. 8, located west of 3211 Titan Trail. City Council Meeting: 1/2/2018 Prepared: 12/27/2017 REVIEWERS: Department Reviewer Action Date Planning& Zoning Schroeder, Aric Rejected 12/27/2017 - 9:36 AM Planning& Zoning Dornoff, John Approved 12/27/2017 - 9:52 AM Planning& Zoning Schroeder, Aric Approved 12/27/2017 - 10:10 AM Clerk Office Even, LeAnn Approved 12/27/2017 - 1:23 PM ATTACHMENTS: Description Type ❑ Staff Report Cover Memo ❑ Final Plat Cover Memo D Overview Map Cover Memo D Aerial Map Cover Memo ❑ Application Cover Memo ❑ Certificate of Survey Cover Memo ❑ Deed of Dedication Cover Memo ❑ Letter from Engineering Cover Memo Resolution approvingthe he request by Deer Creek Development, LLC for the SUBJECT: 9-lot Final Plat of Greenbelt Centre Plat No. 8, located west of 3211 Titan Trail. Submitted by: Submitted By:Noel Anderson, Community Planning& Development Director Recommended Action: Approval Transmitted herewith is the request by Greyhound Drive for the 9-lot final plat of Greenbelt Centre Plat No 8, for the development of a new commercial subdivision containing a total of 30.73 acres. Please find attached to this council letter the following items: • Staff report • Aerial photograph • Final Plat • Legal Description • Report of the City Engineer Page 51 of 92 The plat is comprised of 30.73 acres in size and contains 9 lots for future commercial development. The plat shows the developable Summary Statement: lots ranging in size from 4.81 acres to 2.10 acres. Cyclone Drive is shown as Tract"A" with 1.71 Acres and a right of way of 60'. At their November 14, 2017 the Planning, Programming and Zoning Commission voted unanimously to recommend approval of the final plat. Therefore, staff recommends that the request for the final plat of Greenbelt Centre Plat No 8 be approved for the following reasons: 1. The plat is in accordance with the intent of the Subdivision Ordinance, and can be served by existing utilities. 2. The plat is in accordance with the Comprehensive Plan. 3. The plat will create an additional infill development site in the Primary Growth Area. Expenditure Required: None Source of Funds: N/A Policy Issue: Land Use, Subdivision Alternative: N/A Legal Descriptions: See Attachments Page 52 of 92 11.14.17 REQUEST: Request for the Final Plat of Greenbelt Centre No. 8 a 9 commercial lot subdivision located west of 3211 Titan Trail. APPLICANT(S): Deer Creek Development, LLC, 643 Griffith Rd, Waterloo, Iowa, 50701 Surveyor: VJ Engineering, Wendell Lupkes, 1501 Technology Parkway, Cedar Falls, Iowa 50613 GENERAL The request to final plat 9 lots into Greenbelt Centre Plat No 8. DESCRIPTION: IMPACT ON The request would not appear to have a negative impact on NEIGHBORHOOD & the neighborhood, as the area is designated for commercial SURROUNDING use with a number of existing commercial uses to the north LAND USE: and the Love's Truck Stop being built to the south. VEHICULAR & Highway 63/Sergeant Road is located adjacent to the property PEDESTRIAN to the east and highway 20 is located to the south, both TRAFFIC roadways are designated as Principal Arterial Roadways. CONDITIONS: Greyhound Drive which runs along the west side of the property, Titan Drive that runs through and to the east of the property, and new Cyclone Drive which connects from US Highway 63 and will travel through the center of the property are designated as local streets. Cyclone Drive is listed as Tract "A" on the plats. RECREATIONAL The Sergeant Road Trail is located to the east of the property. TRAIL PLAN: ZONING HISTORY The site in question is zoned "B-P" Business Park District and FOR SITE AND has been since the adoption of the zoning ordinance 4899 on IMMEDIATE VICINITY: March 3, 2008. The surrounding properties zoning and uses as follows: North: Commercial and vacant lots zoned "B-P" Business Park District. East: Commercial zoned "B-P" Business Park District. South: Future Love's Truck Stop zoned "B-P" Business Park District. West: Former Greyhound Park zoned "M-2,P" Planned Industrial District. BUFFERS No buffering would be required. REQUIRED/ NEEDED: DRAINAGE: Drainage for the lots would need to be shown and approved once a development is proposed on each lot. DEVELOPMENT Commercial development has been taking place the past 17 HISTORY: years in the area. FLOODPLAIN: The property is located within the 100-year flood plain, as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 190025 284F, Greenbelt Centre Plat No 8 Page 1 Page 53 of 92 11.14.17 dated July 18, 2011. The plat notes that all lots will be filled to 100-year elevation by the developer or lot buyer at the time of development. PUBLIC/OPEN No public or open spaces are located within the area. SPACES/SCHOOLS UTILITIES: WATER, 10' Utility easements are shown on the north and west sides SANITARY SEWER, of Titan Trail and both sides of Cyclone Drive. There is an STORM SEWER, existing 30' Utility easement running along the east side of ETC. Greyhound Drive. A 80' Drainage Easement is shown between lots 4 and 5. RELATIONSHIP TO The Future Land Use Map (February 3, 2003) designates this COMPREHENSIVE site as Business Park: Professional Offices, Commercial with LAND USE PLAN: Compatible Light Industrial. The request would be in conformance with the goals and policies of the Comprehensive Plan. The site is located within the Primary Growth Area as shown on the Growth Area Map within the Comprehensive Plan. STAFF ANALYSIS — The plat is comprised of 30.73 acres in size and contains 9 ZONING lots for future commercial development. The plat shows the ORDINANCE: developable lots ranging in size from 4.81 acres to 2.10 acres. Cyclone Drive is shown as Tract "A" with 1.71 Acres and a right of way of 60'. During Tech Review the Engineering Dept. had questions on the location of sidewalks although it is noted in the Deed of Dedication, responsibilities for Tract "B" such as ownership and maintenance, that the proposed 80' easement on lots 4 and 5 do not line up with the 80' easement to the north on lots 9 and 10 of Greenbelt Centre Plat No. 5, and a bigger easement for the culverts. Mid-American also requested that a street light plan be submitted and that the 10' utility easements be enlarged to 15'. STAFF ANALYSIS — The final plat does appear to show most of the necessary SUBDIVISION information for the submission of a final plat such as a legal ORDINANCE: description, property lines with dimensions, adjoining subdivisions, the size of the proposed lots and building setback lines. A deed of dedication has been submitted and appears to be similar to adjacent deed of dedications. A Contract and Waiver will need to be submitted before the plat can go to the City Council. STAFF Therefore, staff recommends that the request for the final plat RECOMMENDATION: of Greenbelt Centre Plat No 8 be approved for the following reasons: 1. The plat is in accordance with the intent of the Subdivision Greenbelt Centre Plat No 8 Page 2 Page 54 of 92 11.14.17 Ordinance, and can be served by existing utilities. 2. The plat is in accordance with the Comprehensive Plan. 3. The plat will create an additional infill development site in the Primary Growth Area. And subject to the final conditions: 1. That the Contract and Waiver documents be submitted before the plat can go to the City Council. Greenbelt Centre Plat No 8 Page 3 Page 55 of 92 8pp lAq PG10222016Z 9-99Z-612 - DMo 's Dj JDPa� 1Vld 1VNId afiotl I Ag,'A' ADMMJDd X60 0U41-1 1051 VM01 'A1Nnoo NMVH NOV-18 001f 31VM p oo= n-z-o 6uuaaui6u3 fA 8 'ON 1V3d 1338N33HO c°Oo p. DJ-xxxxxxxxxxx� m o f voni f c°'i o o m w s R 1 'O a <_xxYYYYYYYYYY m J r F hID f o> 3w&S.R��ryryoo rc z € N `m W U iw �� _ mm o• ® n .i_ff mm my O E owdao 3y.€ Z�i" . h o a'y zz�bLLU gyp \\ dos o �'ow rn m � � j2 S00"8,'50"E - m S a O18 a tc a 01 r t-6., o- "a. O L`o m / N y `\ 10 zsP,�o AA o z r 00 <z o Iz wi v N. aw mw I I o m 8 W N00°0238 $ L z ry 3 A D7 445.3] m tV o_m --- --- \\\ �y� ~o oZc-moo ---P - TI > > `\ ¢°� dao rnm min o > \ v og IE ox o ml \ ti d m 4 0 Z o W e rvoo°ze'sow £ Z. 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M-2,P M-1 R-4,C-Z A-1 0 Z LB-P W R-4 .yF M-1 °R R-4,R-P M-2,P R-1 R-4 R-3 o O A-1 A-1 2 M-1 cyFRD D2° R-4,R- P Ra C-2,C-Z C_2 � B-� R-3,R-P R-3 _ R_1'` N West of 3211 Titan Trail wE Greenbelt Centre Plat No.S Final Plat Deer Creek Development, LLC 1,000 500 0 1..000 Feet Page 57 of 92 City of Waterloo Planning, Programming and Zoning Commission November 14, 2017 W."RIDGEWAYAVE --- W.RIDGEWAYAVE W.RIDGEWAYAVE W.RIDGEWAYAVE W. RIDGEWAY AVE- _ W RIDGEWAY AVE O M,w- LU I ATHENS DR ATHENS DR ATHENS DR ct Z o LU Area to be Platted O� u< �� 3211 Titan Trail 63 �4 p TITAN TR 63 Z u ui u•- �P 63 63 N West of 3211 Titan Trail WE Greenbelt Centre Plat No.S Final Plat Deer Creek Development, LLC 300 150 0 300 � Feet Page 58 of 92 CITY OF WATERLOO PLANNING AND ZONING COMMISSION REQUEST FOR PLATTING (FINAL) 1. APPLICATION INFORMATION: a. Applicant's Name(please print): Deer Creek Development,L.L.C. Address: 643 E.Griffith Road Phone: 319-269-4081 City:Waterloo State: IA Zip: 50701 b. Status of Applicant: (a) Owner ✓ (b)Other (CHECK ONE): If other explain: c. Property Owner's Name if different than above(please print): Address: Phone: City: State: Zip: 2. PROPERTY INFORMATION: a. Name of Plat: Greenbelt Centre Plat No. 8 b. General Location of Property: Located between Greenbelt Centre Plat No. 7 and Greenbelt Centre Plat No. 5 c. Area of Proposed Plat: 30.733 Ac d. Area of Proposed Plat to be dedicated/conveyed to the City: 1.71 Ac e. Value of area to be dedicated/conveyed to the City: f. Zoning District(s): B-P Business Park District 3. OTHER DOCUMENTATION: a. Date of Preliminary Plat Approval: P&Z City Council b. Six(6)copies of the Final Plat which are in conformance with Section 11-3-3 of the Subdivision Ord. c. Four(4)copies of Deed of Dedication (2 must be original signatures) d. Four(4)copies of all Petition and Waiver forms(2 must be original signatures) e. Four(4)copies of Certificate of Survey(2 must be original signatures) 4. PUBLIC IMPROVEMENTS a. Are you requesting participation by the City in any improvements? Yes No b. If yes specify why and for what for? c. Costs: _Estimate_Actual Total Cost Requested City Share Storm Sewer $ $ Sanitary Sewer $ $ Paving $ $ Land Dedicated $ $ TOTAL $ $ The Request Fee of $215 + $10 per lot (payable to the City of Waterloo) is required. This fee is non- refundable. Under no condition shall said sum or any part thereof be refunded for failure of said request to be approved. Any major change in any of the information given will require that the request go back through the process, with a new Request Fee. The undersigned certify under oath and under the penalties of perjury that all information on this request and submitted along with it is true and correct. All information submitted will be used by the Waterloo Planning, Programming, and Zoning Commission and the Waterloo City Council in making their decision. The undersigned authorize City Zoning Officials to enter the property in question in regards to the request. #�J 4zt�w D- -/r Signature of Applicant Date ignature_o7n Date Page 59 of 92 a, E N NOISSIWWOO'W 31Nt113W �. 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Lupkes,L.S.,VJ Engineering, 1501 Technology Parkway,Cedar Falls,Iowa 50613 DEED OF DEDICATION OF GREENBELT CENTRE PLAT NO. 8, WATERLOO, BLACK HAWK COUNTY, IOWA i. KNOW ALL MEN BY THESE PRESENTS; That Deer Creek Development, L.L.C., an Iowa limited liability company, with its principal office in Waterloo, Iowa, being desirous of setting out and platting into lots and streets the land described in the attached Certificate of Survey by Wendell J. Lupkes, a licensed land surveyor, dated the _day of , 2017, do by these presents designate and set apart the aforesaid premises as a subdivision of the City of Waterloo, Iowa,the same to be known as: GREENBELT CENTRE PLAT NO. 8, WATERLOO, BLACK HAWK COUNTY, IOWA, all of which is with the free consent and the desire of the undersigned and the undersigned do hereby designate and set apart for public use the streets and avenues as shown upon the attached plat and described as "Tract A". EASEMENTS The undersigned do hereby grant and convey to the City of Waterloo, its successors and assigns, and to any private corporation, firm or person furnishing utilities for the transmission and/or distribution of water, sanitary sewer, storm sewer, drain tile, surface drainage, gas, electricity, communication service or cable television,perpetual easements for the erection, laying, building, and maintenance of said services over, across, on and/or under the property as shown on the attached plat. RESTRICTIONS Be it also known that the undersigned do hereby covenant and agree for themselves and their successors and assigns that each and all of the lots in said subdivision be and the same are hereby made subject to the following restrictions upon their use and occupancy as fully and effectively to all intents and purposes as if the same were contained and set forth in each deed of conveyance or mortgage that the undersigned or their successors in interest may hereinafter make for any of said lots and that such restrictions shall run with the land and with each individual lot i thereof for the length of time and in all particulars hereinafter stated, to-wit: I' Page 61 of 92 i i 1. A site plan shall be prepared in accordance with the "BP" Business Park District provisions of the City of Waterloo, Iowa,Zoning Ordinance No. 5479, as amended and updated. 2. The following uses shall not be permitted in this subdivision: A. Slaughter house or stock yards. B. Manufacturing or wholesale stage of acids. C. Cement, lime gypsum, or plaster of paris manufacture. D. Distillation of bones. E. Explosive manufacture or storage. F. Fat rendering. G. Fertilizer manufacture. H. Garbage, refuse or dead animal reduction or dumping. 1. Gas manufacturing and cylinder recharging. J. Glue, size or gelatin manufacturing. K. Refining or wholesale storage of petroleum or petroleum products, L. Manufacturing of rubber goods. M. Sand or gravel pits. N. Smelting of tin, copper, zinc, or iron ores. 0. Transmitting stations. P. Waste paper yard. Q. Wholesale storage of gasoline. 3. At such time as any structure is or has previously been constructed on any lot, combination of lots, or portion of lots, in said subdivision, a concrete sidewalk will be constructed along all street frontage(s) as follows: A. That a Portland cement concrete sidewalk and a hard surfaced driveway approach will be installed during or immediately after the construction, but before issuance of an Occupancy Permit from the City of Waterloo, Iowa, or only sidewalk construction within five (5)years of the transfer of said lot from the Developer to a purchaser, whichever is earlier, and that the sidewalk will be constructed across the full length of the north side of Cyclone Drive in Plat No, &, and extend to match the end of existing sidewalks) on adjoining lots where sidewalk already exists. Said sidewalk shall also be required to be constructed across all street frontages of two (2) or more adjoining lots, or portions thereof, when any owner has acquired said two(2) or more adjoining lots, or portions thereof, upon construction upon one(1)or more lots, or portions thereof, all as required by the City of Waterloo, Iowa. Construction of handicap access ramps at the intersections shall be the responsibility of the developer or adjacent property owner. 4. The undersigned and all persons and corporations hereafter acquiring any right, title or interest in any of the lots in said subdivision shall be taken and held to have agreed and covenanted with the owners of all other lots in this subdivision and with the respective successors and assigns of all of the rest of such other lots to conform to and observe all of the foregoing covenants, restrictions and stipulations as to the construction of building thereon for a period of Page 62 of 92 i twenty-one (21)years from the date of filing of said plat and this deed of dedication for record. Within the period of twenty-one (2 1)years and in accordance with Iowa Code Chapter 614.24 and 614.25 (2005 Code of Iowa) or their successor provisions,these covenants, restrictions and stipulations shall be automatically extended for an additional period of twenty-one (21) years upon compliance with Chapter 614.24 and Chapter 614.25 of the 2005 Code of Iowa. In the event an extension of the covenants,restrictions and stipulations is not filed within the period of twenty-one (2 1) years or successive 21-year period,then the covenants, restrictions and stipulations contained herein shall terminate at the end of the existing period of twenty-one (21)years. SIGNED and DATED this day ofiG.�. , 2018. DEER CREEK DEVELOPMENT, L.L.C. By: AJ-4 - Harold L. Yo gblu , tanager Page 63 of 92 CITY OF WATERLOO , IOWA ENGINEERING DEPARTMENT 715 Mulberry St. Waterloo, IA 50703 •Phone (319)291-4312 Fax(319)291-4262 City Engineer • email: city.engineerowalerloo-ia.org • December 27, 2017 9131 9641 Aric Schroeder, City Planner Planning, Programming & Zoning Commission Waterloo City Hall Waterloo, IA 50703 RE: FINAL PLAT GREENBELT CENTRE PLAT NO. 8 Dear Aric: This final plat has been reviewed, and it has been determined that it meets the requirements of the applicable portions of Section 3, 4 and 5 of Ordinance 2997, Subdivision Ordinance. It is recommended that this final plat be approved. Sincerely, Dennis J. Gentz, P.E. Assistant City Engineer i WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Page 64 of 92 CITY OF WATERLOO Council Communication Resolution accepting the award of not to exceed $10,000 for project costs for Intensive Historic Survey of the Smokey Row section of Waterloo from the State Historic Preservation Office, Department of Cultural Affairs Certified Local Government(CLG) Grant and authorize the Mayor and City Clerk to execute said documents. City Council Meeting: 1/2/2018 Prepared: 12/27/2017 REVIEWERS: Department Reviewer Action Date Planning& Zoning Schroeder, Aric Approved 12/27/2017 - 10:40 AM Clerk Office Even, LeAnn Approved 12/27/2017 - 1:25 PM ATTACHMENTS: Description Type ❑ Grant Acceptance Letter Cover Memo ❑ Contract Backup Material Resolution accepting the award of not to exceed 510,000 for project costs for Intensive Historic Survey of the Smokey Row section of Waterloo from SUBJECT: the State Historic Preservation Office, Department of Cultural Affairs Certified Local Government(CLG) Grant and authorize the Mayor and City Clerk to execute said documents. Submitted by: Submitted By:Noel Anderson, Community Planning and Development Director Recommended Action: approval The City of Waterloo Historic Preservation Commission applied for 3 Summary Statement: grants to do an intensive historic survey of the Smokey Row section of Waterloo and was recently informed of the grant award for one of the grants to institute the historic survey. Expenditure Required: Match funds of not to exceed $3900 of In-Kind Labor Source of Funds: Certified Local Government Grant from the State Historical Society of Iowa Department of Cultural Affairs, and in-kind labor as match. Policy Issue: Historic Preservation Page 65 of 92 IOWA DEPARTMENT OFKINE REYNOLDS, GOVERNOR � CULTURAL AFFAIRS ADAM GREGG, LT. GOVERNOR CHRIS KRAMER, ACTING DIRLCTOR December 19, 2017 10114A A1 TS' G'OU!ILII Mayor Quentin M. Hart City of Waterloo 715 Mulberry Street 1t 0I'll '`�,C Waterloo, ]A 50703 10VVA Dear Mayor Hart, I am very pleased to write that the State Historic Preservation Office, Department of SOCIE" 01" IOWA Cultural Affairs will be funding Waterloo's Certified Local Government(CLG)grants for an intensive survey of the Smokey Row neighborhood. Congratulations? i i iF l _HIISST IH,,L At your earliest convenience, please review the enclosed contracts, sign the two copies I MUIs17UIM 0r 10 WA and return them to me for signature by the Deputy State Historic Preservation Officer. j I i i For these projects, we have obligated Historic Preservation Funds, as authorized by the (ITL 'i I S 1 flyhIJ, National Historic Preservation Act and subsequent amendments. The minimum non- federal matching share required will be 40%of the total project cost. The project must I be administered in accordance with all applicable regulations and procedures governing Historic Preservation Fund grants and the terms of the contract. Meanwhile, if you have questions, please do not hesitate to contact me at (515)281- 6826 or by e-mail at paula.mohr@iowa.gov. PR ES RVAT 10 N Sincerely, OFFICE OF UNA 10WA 1-1111,5 0'1111 CAL Paula Mohr CLG Coordinator !' f Enclosures € r. E i' 11 STATE HISTORICAL BUILDING 600 L. LOCUST ST. DES MOINES, IA 50319 515.281,5111. - IOWACULTURERNe 66 of 94 i F Contract No. 2018-15 STATE HISTORICAL SOCIETY OF IOWA GRANT-IN-AID AGREEMENT FOR: CLG Waterloo Iowa I Certified Local Government Grant Project is This agreement is made and entered into by and between Waterloo hereinafter referred to as the RECIPIENT, and the STATE HISTORICAL SOCIETY OF IOWA, hereinafter referred to as the STATE; WITNESSETH THAT: WHEREAS, the STATE, is interested in broadening the role of local governments in historic preservation through the Certified Local Government program; and is WHEREAS, the STATE, in accordance with the National Historic Preservation Amendments of li 1980, is providing 10%of its annual federal Historic Preservation Fund appropriation to 5 Certified Local Governments; and WHEREAS, the RECIPIENT has demonstrated its interest in historic preservation by becoming a IN Certified Local Government, and desires to complete an intensive survey; NOW THEREFORE, it is agreed by and between the parties hereto as follows: 1. That the RECIPIENT is qualified to complete the attached Scope of Work (Exhibit Q 2. That the RECIPIENT will be responsible for overseeing all aspects of fiscal management; 3. That the RECIPIENT provide a permanent copy of financial records suitable for State and Federal audit as directed under the Single Audit Act of 1984, P.L. 98-502, if required; 4. That the STATE provide for only project costs eligible under provisions stipulated by the National Park Service, U.S. Department of the Interior for grants -in-aid. Project work which does not meet Secretary of the Interior's Standards will not be reimbursed for under this contract; 5. That the STATE monitor the project and provide input as called for in the attached Scope of Work (Exhibit C); ,II 6. That the Recipient and the STATE mutually agree that if, during the duration of the contract, it is deemed necessary by either party to make alterations to or amendments to this Agreement, such changes shall be incorporated into this contract upon mutual agreement and shall be in effect as of the date of the amendment unless otherwise specified within the amendment; 7. That the STATE agrees to pay the project eligible costs under the terms of this Agreement; 8. That the RECIPIENT and the STATE mutually agree to abide by the general and specific conditions attached hereto as Exhibits A, B, C, and D; 9. That the RECIPIENT and the STATE mutually agree that all work performed under this ` contract will be completed by June 30, 2019; I 10. That the RECIPIENT and the STATE mutually agree that the cost of this contract shall be I CLG 2018-15 (Waterloo intensive survey) 1 Page 67 of 92 $10,000.00 (Exhibit D). All eligible costs necessary to carry out the project shall be initially advanced by the RECIPIENT and then the STATE shall reimburse the RECIPIENT for $10,000.00, upon receipt of all work products and as specified in the Scope of Work. The final bill must be submitted with the final report by June 30, 2019. The agreement will end on August 1, 2019. 11. Expenditures are to be according to the Budget, attached as Exhibit D. Adjustments between budget categories are permissible following written mutual consent between the RECIPIENT and the STATE; 12. The RECIPIENT will faithfully comply with all applicable Federal and State laws, regulations and guidelines, including the Secretary of the Interior's Standards and Guidelines for Archaeology and Historic Preservation as published in the Federal Register on September 29, 1983; 13. The RECIPIENT shall hold the STATE and federal government harmless from damages in any action arising from the performance of work described herein. IN WITNESS WHEREOF, the parties hereto have executed this contract on the day and year last specified below. RECIPIENT l Quentin M. Hart, Mayor, City of Waterloo Date STATE Steve King, AIA, Deputy State Historic Preservation Officer, State of Iowa Date CLG 2018-15(Waterloo intensive survey) 2 Page 68 of 92 i . I i I EXHIBIT A GENERAL CONDITIONS ARTICLE I -Amendment of Contract: The RECIPIENT or the STATE may, during the duration of the Contract, deem it necessary to make alterations to the provisions of this agreement. Any changes, which shall be mutually agreed upon by both parties, shall be incorporated into this Contract. The provisions of the amendment shall be in effect as of the date of the amendment unless otherwise specified within the amendment. A waiver of any conditions of this Contract must be in writing from a duly authorized official of the STATE. ARTICLE II - Patent and Copyright: ri ht: a. No material or product in whole or in part under this Contract shall be subject to patent or copyright by either party in the United States or in any other country. b. The U.S. Department of the Interior and the State Historical Society of Iowa shall reserve a royalty-free, non-exclusive and irrevocable license to reproduce, publish (including in an electronic format), or otherwise use, and to authorize others to use, any materials produced in whole or in part under this Contract for government purposes. Any publication by the RECIPIENT must bear in an appropriate place an acknowledgment of grant support under the National Historic Preservation Act of 1966, as amended, from the U.S. Department of the Interior and the State Historical Society of Iowa. ARTICLE III -Accounts and Records: a. Accounts -the RECIPIENT shall maintain books, records, documents and other evidence pertaining to all costs and expenses incurred and revenues acquired under this Contract to the extent and in such detail as will properly reflect all costs, direct and indirect, of labor, materials, supplies, services, and other costs and expenses of whatever nature, for which payment is claimed under this Contract. b. Audit and Inspection -At all times during normal business hours and as frequently as is deemed necessary, the RECIPIENT shall make available to the STATE all of its records, pertaining to all matters covered by this Contract and shall permit the STATE to audit, examine and make excerpts from such records and all other matters covered by this Contract. c. Retention of Financial Records-All records in the possession of the RECIPIENT pertaining to this Contract shall be retained by the RECIPIENT for a period of three (3) years beginning with the date upon which final payment under this Contract is issued. All records shall be retained beyond the three (3) year period if audit findings have not been resolved within that period. CLG 2018-15(Waterloo intensive survey) 3 Page 69 of 92 i i d. The STATE shall reimburse the RECIPIENT for actual, necessary and eligible costs incurred by I the RECIPIENT in the conduct of this project. All claims shall include copies of time utilization s sheets, records, documents and other evidence in support of all costs and expenses incurred for E the performance of this Contract. r ARTICLE IV-Termination of Contract a. Termination for Cause -The STATE or the RECIPIENT may terminate this Contract in whole or in part, at any time before the date of completion, whenever it is determined that the other party has failed to comply with the conditions of the Contract. The STATE or RECIPIENT shall ' promptly notify the other party in writing of the determination and the reasons for the termination, together with the effective date. The RECIPIENT shall not incur new obligations for the terminated portion after the effective date, and shall cancel as many outstanding obligations as possible. The STATE shall allow full credit to the RECIPIENT for non-cancelable obligations if said obligations are properly incurred by the RECIPIENT prior to termination. The STATE shall terminate the contract if it determines that the RECIPIENT is not following cost eligibility as outlined in the Secretary of the Interior Standards, 36 CFR; OMB Circular A-87; and OMB Circular A-102. b. Termination for Convenience -The STATE and the RECIPIENT may terminate this Contract in whole or in part, when bath parties agree that the continuation of the project would not produce beneficial results commensurate with the future expenditure of funds. The two parties shall agree upon the termination conditions, including the effective date and, in the case of partial termination, the portion to be terminated. The RECIPIENT shall not incur new obligations for the terminated portion after the effective date, and shall cancel as many outstanding obligations as possible. The STATE shall allow full credit to the RECIPIENT for non- cancelable obligations up to the amount of award, if said obligations are properly incurred by the RECIPIENT prior to termination. c. Termination due to Non-Appropriation - Notwithstanding any other provisions of this Contract, if funds anticipated for the continued fulfillment of the Contract are at any time not forthcoming or insufficient, either through the failure of the Federal Government or of the State of Iowa to appropriate funds or discontinuance or material alteration of the program under which funds were provided,then the STATE shall have the right to terminate this Contract without penalty by giving not less than thirty (30) days written notice documenting the lack of funding, discontinuance or program alteration. Unless otherwise agreed to by the parties, the Contract shall become null and void on the last day of the fiscal year for which appropriations were received, except that if an appropriation to cover the costs of this Contract becomes available within sixty (60) days subsequent to termination under this clause, the STATE agrees to re-enter a Contract with the terminated RECIPIENT under the same provisions, terms and conditions as the original award. In the event of termination of this Contract due to non-appropriation, the exclusive, sole and complete remedy of the RECIPIENT shall be payment for service completed prior to termination. CLG 2018-15(Waterloo intensive survey) 4 Page 70 of 92 i i i d. Right in Incomplete Products- In the event the Contract is terminated, all finished or unfinished portions of the work prepared by or for the RECIPIENT under this Contract shall, at the option of the STATE, become its property, and the RECIPIENT shall be entitled to receive 3 just and equitable compensation for any satisfactory work completed on the project. l ARTICLE V- Interest of Officials and Others: a. STATE - No officer, employee or advisor of the STATE including a member of the State Historical Society of Iowa Board of Trustees or the State Nominations Review Committee, shall participate in any decisions relating to this Contract which affect his personal interest or the interest of any corporation, partnership or association in which he is directly or indirectly interested or have any interest, direct or indirect, in this Contract or the proceeds thereof. A person has a conflict of interest with respect to a sub-grant, contract subcontract, or any agreement supported with state or federal assistance if the person or any of the following has a financial interest in that application: 1. The person, the person's spouse, minor child, or partner, or; 2. Any organization in which the person is serving as an officer, director, trustee, partner or employee or; 3. Any person or organization with whom the person is negotiating or has any arrangements concerning prospective employment; Benefit or remuneration other than a fee in accordance with applicable statewide procedures includes, without exception, royalty, commission, contingent fee, professional services contract, brokerage fee, or other payment accruing to the person or any member of his immediate family. b. RECIPIENT- The RECIPIENT covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Contract. ARTICLE VI -Assignment of Interest: Neither this Agreement or any interest therein, no claim hereunder, shall be assigned or transferred by the RECIPIENT to any other party or parties. ARTICLE VII -Subcontract: None of the work or services required under this Agreement shall be subcontracted by the RECIPIENT without prior written approval to subcontract by the STATE. ARTICLE Vill - Procurement of Professional Services and Equipment: CLG 2018-15 (Waterloo intensive survey) 5 Page 71 of 92 1 I The RECIPIENT shall procure professional services by competitive negotiation, or small purchase procedures. This requires solicitations from at least three sources to permit reasonable competition consistent with the nature and requirements or the procurement. "Cost-plus-a- percentage-of-cost" contracting is strictly forbidden. Rather, cost reimbursement or fixed price contracting is required. Project principal investigators must meet the minimum professional standards as outlined in the Code of Federal Regulations, Volume 36 Part 61. The purchase of any equipment under this agreement over$300 may not occur without prior written permission of the STATE. The STATE will not approve such purchases until the same are approved in writing by the National Park Service. i i CLG 2018-15 (Waterloo intensive survey) 6 Page 72 of 92 I EXHIBIT B SPECIAL CONDITIONS ARTICLE I - Identification of Parties: This Contract is entered into by and between the State Historical Society of Iowa, hereinafter called the STATE, and Waterloo, hereinafter called the RECIPIENT. ARTICLE 11 - Designation of Officials: a. STATE -The Deputy State Historic Preservation Officer is the State Official authorized to i execute any changes in the terms, conditions, or amounts specified in this Contract. She (he) may designate a member of her (his) staff to negotiate, on behalf of the State, any changes to the Contract. b. Mayor Quentin M. Hart is authorized to execute any changes in the terms, conditions, or amounts as specified in this contract. ARTICLE 111 -Additional Special Conditions: a. Audit Requirements -The RECIPIENT shall annually have performed, on a timely basis, independent financial and compliance audits of the historic preservation funds received from the STATE. All such audits shall be conducted in accordance with applicable auditing standards set forth in OMB Circular A-128, "Audits of State and Local Governments', pursuant to the Single Audit Act of 1984. Costs associated with such audits are the responsibility of the RECIPIENT. A copy of this audit must be submitted to the STATE. If the RECIPIENT is a non-profit organization, public college or university, audits shall be made in accordance with statutory requirements and the provision of Circular A-110 a copy of this audit must be submitted to the STATE. b. General Obligations -All work performed under this Contract shall be carried out in a lawful, proper and satisfactory manner in accordance with appropriate Federal, State and Local regulations, including OMB Circular A-102 and Historic Preservation Fund Grants Manual, October 1997; and any circular, policies, procedures and requirements as may from time to time be prescribed by the U.S. Department of the Interior. ARTICLE IV- Conditions of Payment: a. Maximum Payment - It is expressly understood and agreed to that the maximum amounts to be paid to the RECIPIENT by the STATE for any item of work or services shall be the amount specified herein. All payments for work and services under this Contract shall be on a cost incurred, non-profit basis. CLG 2018-15 (Waterloo intensive survey) 7 Page 73 of 92 i l b. Requisition for Payment- All payments to the RECIPIENT shall be subject to the receipt by the STATE of a Request for Reimbursement. This request shall be made according to the format specified by the STATE with reimbursement to the RECIPIENT occurring at intervals no more than sixty (60) days after approval of request. ARTICLE V- REQUIRED ACKNOWLEDGMENTS: i Publication, films, exhibits, etc. developed as a part of this Contract shall acknowledge Federal aid by including the following statement as part of the Title or Acknowledgment Section with each item produced. "The activity that is the subject of this intensive survey has been financed in part with Federal funds from the National Park Service, U.S. Department of the Interior. However, the contents and opinions do not necessarily reflect the view or policies of the Department of the Interior, nor does the mention of trade names or commercial products constitute endorsement or recommendation by the Department of the Interior" ARTICLE VI - Equal Opportunity Acknowledgment: Publications, films, exhibits, etc. developed as a part of the Contract shall acknowledge equal opportunity and nondiscrimination practices by including the following statement as part of the Title or Acknowledgment Section with each item produced. "This program receives Federal financial assistance for identification and protection of historic properties. Under Title VI of the Civil Rights Act of 1964, Section 544 of the rehabilitation Act of 1973, and the Age Discrimination Act of 1975, as amended, the U.S. Department of the Interior prohibits discrimination on the basis of race, color national origin, disability or age in its federally assisted programs. If you believe you have been discriminated against in any program, activity, or facility as described above or if you desire further information, please write to: Office of Equal Opportunity National Park Service 1849 C Street, N.W. Washington, D.C. 24204" ARTICLE VII - Certification Regarding Lobbying: This certification is required by Section 1352, Title 31, U.S. Code. The sub-grantee certifies, to the best of his or her knowledge and belief that: (1) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of i CLG 2018-15 (Waterloo intensive survey) 8 Page 74 of 92 9 j f any agency, a Member of Congress, any officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant,the making of any Federal loan, the entering into of any cooperative E agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. !' (2) if any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of i Congress in connection with this Federal contract, grant, loan or cooperative agreement, the undersigned shall complete and submit Standard Form 1963 "Disclosure Form to Report Lobbying," in accordance with instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans, and cooperative agreements) and that all sub-recipients shall certify accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to civil penalty of not less than i $10,000 and not more than $100,000 for each such failure. ARTICLE Vlll - Equal Opportunity: Code of Fair Practices 1. The RECIPIENT will not discriminate against any employee or applicant for employment because of race, creed, color, religion, national origin, sex, age or physical or mental disability. The RECIPIENT will take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, creed, color, religion, national origin, sex, age or physical or mental disability except where it related to a bona fide occupational qualification. Such action shall include but be not limited to the following; employment, upgrading, demotion or transfer, recruitment or recruitment advertising; layoff or termination; rate of pay or other forms of compensation; and selection for training, including apprenticeship. The RECIPIENT agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth provisions of this nondiscrimination clause. 2. The RECIPIENT will, in all solicitations or advertisements for employees placed by or on behalf of the RECIPIENT, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, religion, national origin, sex, age or physical or mental disability except where it relates to a bona fide occupational qualification. CLG 2018-15 (Waterloo intensive survey) 9 Page 75 of 92 e E. i 3. The RECIPIENT will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice advising the labor union or worker's representative of the RECIPIENT commitments under this nondiscrimination clause and shall post copies of the notice in a conspicuous place available to employees and applicants for employment. 4. The RECIPIENT will comply with all relevant provisions of the Iowa Civil Rights Act of 1965 as amended, Iowa Executive Order#15 of 1973, Federal Executive Order 11246 of 1965 as amended by Federal Executive Order 11275 of 1967, the Equal Employment Opportunity Act of 1972, and all provision relevant to fair employment of the rules and regulations of the STATE. The RECIPIENT will furnish all information and reports requested by the STATE or required by or pursuant to the rules and regulations thereof and will permit access to payroll and employment records by the STATE for purposes of investigation to ascertain compliance with such rules, regulations or requests, or with this nondiscrimination clause. 5. In the event of the RECIPIENTS noncompliance clauses of this contract orwith any of the aforesaid rules, regulations or requests, this contract may be canceled, terminated, or suspended in whole or in part and the RECIPIENT may be declared ineligible for further contracts with the STATE. In addition, the STATE may take such further action, and such other sanctions may be imposed and remedies invoked, as provided by the Iowa Civil Rights Act of 1965 as amended, Chapter 601A, Code of Iowa 1973, as heretofore and hereinafter amended, or by the rules and regulations of the State or as otherwise provided by law. 6. ARTICLE IX-OMB Approval No. 0348-0040,Assurances-Non-Construction Programs NOTE: Certain of these assurances may not be applicable to your project or program. If you have questions, please contact the awarding agency. Further, certain Federal awarding agencies may require applicants to certify to additional assurances. If such is the case, you will be notified. As the duly authorized representative of the applicant, 1 certify that the applicant: 1. Has the legal authority to apply for Federal assistance and the institutional, managerial and financial capability (including funds sufficient to pay the non-Federal share of project cost)to ensure proper planning, management and completion of the project described in this application. 2. Will give the awarding agency, the Comptroller General of the United States and, if appropriate, the State, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award; and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives. CLG 2018-15 (Waterloo intensive survey) 10 Page 76 of 92 I 3. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or s personal gain. 1 s s 4. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency. i 5. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. §§4728-4763) relating to prescribed standards for merit systems for programs funded under one of the 19 statutes or regulations specified in Appendix A of OPM`s Standards for a Merit System of Personnel Administration (5 C.F.R. 900, Subpart F). 6. Will comply with all Federal statutes relating to nondiscrimination. These include but are not limited to: (a)Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; j (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§1681- 1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. §794), which prohibits discrimination on the basis of handicaps; (d) The Age Discrimination Act of 1975, as amended (42 U.S.C. §§6101-6107), which prohibits discrimination on the basis of age; (e) The Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (f) The Comprehensive Alcohol Abuse and Alcoholism Prevention,Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) §§523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. §§290 dd-3 and 290 ee 3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title Vill of the Civil Rights Act of 1968 (42 U.S.C. §§3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (i) Any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and (j) The requirements of any other nondiscrimination statute(s) which may apply to the application. 7. Will comply, or has already complied,with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally-assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. CLG 2018-15 (Waterloo intensive survey) 11 Page 77 of 92 I I' 8. Will comply, as applicable, with provisions of the Hatch Act (5 U.S.C.§§1501-1508 and 7324- 7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. 9. Will comply, as applicable, with the provisions of the Davis-Bacon Act (40 U.S.C. §§276a to 276a-7), the Copeland Act (40 U.S.C. §276c and 18 US.C. §874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§327,333), regarding labor standards for federally- assisted construction sub-agreements. l I 10 Will comply, if applicable, with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more. 11. Will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91-190) and Executive Order (EO) 11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§1451 et seq.); (f) conformity of Federal actions to State (Clean Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §§7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 93-523); and, (h) protection of endangered species under the Endangered Species Act of 1973, as amended (P.L. 93,205). 12. Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. 13. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. §470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. §§469a-1 et seq.). 14. Will comply with P.L. 93-348 regarding the protection of human subjects involved in research, development, and related activities supported by this award of assistance. 15. Will comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as amended, 7 U.S.C. §§2131 et seq.) pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by this award of assistance. 16. Will comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. §§4801 et seq.) which prohibits the use of lead-based paint in construction or rehabilitation of residence structures. CLG 2018-15 (Waterloo intensive survey) 12 Page 78 of 92 i 17. Sub-grantees expending more than $300,000 in federal funds, will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and OMB Circular No. A-133, "Audits of States, local Governments, and Non-Profit Organizations." 18. Will comply with all applicable requirements of all other Federal laws, executive orders, regulations, and policies governing this program. SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL i. i. TYPED NAME AND TITLE Quentin M. Hart, Mayor, City of Waterloo DATE f. ARTICLE X- U.S. DEPARTMENT OF THE INTERIOR CERTIFICATIONS REGARDING DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS, DRUG-FREE WORKPLACE REQUIREMENTS AND LOBBYING l 1. Persons signing this form should refer to the regulations referenced below for complete instructions: Certification Regarding Debarment, Suspension, and Other Responsibility Matters - Primary Covered Transactions-The prospective primary participant further agrees by submitting this proposal that it will include the clause titled, "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction," provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. See below for language to be used or use this form certification and sign. (See Appendix A of Subpart D of 43 CFR Part 12.) Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions - (See Appendix B of Subpart D of 43 CFR Part 12.) i Certification Regarding Drug-Free Workplace Requirements-Alternate I. (Grantees Other Than Individuals) and Alternate II. (Grantees Who are Individuals) - (See Appendix C of Subpart D of 43 CFR Part 12) CLG 2018-15 (Waterloo intensive survey) 13 Page 79 of 92 Signature on this form provides for compliance with certification requirements under 43 CFR Parts 12 and 18. The certifications shall be treated as a material representation of fact upon which reliance will be placed when the Department of the Interior determines to award the covered transaction, grant, cooperative agreement or loan. PART A: Certification Regarding Debarment, Suspension, and Other Responsibility Matters- Primary Covered Transactions CHECK IF THIS CERTIFICATION IS FOR A PRIMARY COVERED TRANSACTION AND 15 APPLICABLE. (1)The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal department or agency; (b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection !' with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction !. or contract under a public transaction; violation of Federal or State antitrust statutes or !' commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, i. making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and (d) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. (2) Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. PART B: Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transactions CHECK V IF THIS CERTIFICATION IS FOR A LOWER TIER COVERED TRANSACTION AND IS APPLICABLE. (1)The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. PART C: Certification Regarding Drug-Free Workplace Requirements CLG 2018-15 (Waterloo intensive survey) 14 i Page 80 of 92 F t F CHECK V IF THIS CERTIFICATION IS FOR AN APPLICANT WHO IS NOT AN INDIVIDUAL. Alternate I. (Grantees Other Than Individuals) A. The grantee certifies that it will or continue to provide a drug-free workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; (b) Establishing an ongoing drug-free awareness program to inform employees about-- (1) The dangers of drug abuse in the workplace; (2) The grantee's policy of maintaining a drug-free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance programs; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (c) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (a); (d) Notifying the employee in the statement required by paragraph (a)that, as a condition of employment under the grant, the employee will -- (1) Abide by the terms of the statement; and (2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; i (e) Notifying the agency in writing, within ten calendar days after receiving notice under subparagraph (d)(2) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to every grant officer on whose grant activity the convicted employee was working, unless the Federal agency has designated a central point for the receipt of such notices. Notice shall include the identification number(s) of each affected grant; (f)Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted -- (1) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; (g) Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs (a) (b), (c), (d), (e) and (f). B. The grantee may insert in the space provided below the site(s) for the performance of work done in connection with the specific grant: Place of Performance (Street address, city, county, state, zip code): CLG 2018-15(Waterloo intensive survey) 15 Page 81 of 92 k 5 Check if there are workplaces on files that are not identified here. PART D: Certification Regarding Drug-Free Workplace Requirements CHECK IF THIS CERTIFICATION IS FOR AN APPLICANT WHO IS AN INDIVIDUAL. r Alternate II. (Grantees Who Are Individuals) (a) The grantee certifies that, as a condition of the grant, he or she will not engage in the E unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance in E conducting any activity with the grant; (b) If convicted of a criminal drug offense resulting from a violation occurring during the conduct of any grant activity, he or she will report the conviction, in writing, within 10 calendar days of the conviction,to the grant officer or other designee, unless the Federal agency designates a central point for the receipt of such notices. When notice is made to such a central point, it shall include the identification number(s) of each affected grant. PART E: Certification Regarding Lobbying Certification for Contracts, Grants, Loans, and Cooperative Agreements CHECK IF CERTIFICATION 1S FOR THE AWARD OF ANY OF THE FOLLOWING AND THE AMOUNT.EXCEEDS$100,000:A FEDERAL GRANT OR COOPERATIVE AGREEMENT,- SUBCONTRACT, GREEMENT;SUBCONTRACT, OR SUBGRANT UNDER THE GRANT OR COOPERATIVE AGREEMENT. CHECK IF CERTIFICATION FOR THE AWARD OFA FEDERAL LOAN EXCEEDING THE AMOUNT OF$150,000, OR A SUBGRANT OR SUBCONTRACT EXCEEDING$100,000, UNDER THE LOAN. The undersigned certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, and officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. i CLG 2018-15(Waterloo intensive survey) 15 I Page 82 of 92 j _ I I' f I'. (3) The undersigned shall require that the language of this certification be included in the j award documents for all sub awards at all tiers (including subcontracts, sub grants, and contracts under grants, loans, and cooperative agreements) and that all sub recipients shall certify accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, title 31., U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. As the authorized certifying official, I hereby certify that the above specified certifications are true. SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL I l TYPED NAME AND TITLE Quentin M. Hart, Mayor, City of Waterloo DATE j CLG 20 .8-15(Waterloo intensive survey) 17 Page 83 of 92 i EXHIBIT C SCOPE OF WORK A. WORK ELEMENTS The goal of this project is to undertake an intensive survey and evaluation of the Smokey Row neighborhood in Waterloo. Smokey Row was settled by African-Americans and European immigrants starting in the early 1900's. During a strike the Illinois Central railroad brought in workers many of them from Holmes County, Mississippi. Before 1911 the city of Waterloo had an African-American population of just 22 but by the end of 1911 it had grown to almost 400.Today the population of Waterloo is 67,934 and 15.5%of that is African-American which makes Waterloo the most racial diverse city in the state. At first the railroad housed those incoming workers in box cars but over time families began looking elsewhere for housing.The group immediately faced discrimination as realtors lobbied the city council to pass an ordinance that would limit where African Americans could live. The city council refused to pass the ordinance so instead protective covenants were instituted to prevent African Americans from buying property in certain neighborhoods. For most of the last century there have been two Waterloos with the Cedar River acting as a barrier between to the two.The west side was largely the white section of town and the east side was black along with poor immigrants from countries such as Ireland and Germany. During the post-World War 11 period the Smokey Row neighborhood was where "redlining" was practiced and bankers refused to write mortgages. Due to an extended period of disinvestment, absentee ownership and red-lining, large sections of the neighborhood have deteriorating and many buildings have been demolished. This project consultant will survey the extant resources in the neighborhood, develop a historical context and evaluate the properties for National Register eligibility. The consultant will also identify any potential historic district(s). All work undertaken for this project will be done in accordance with the Secretary of the Interior's Secretary of the Interior's Standards for Identification and Evaluation. Coordination i The city of Waterloo will hire a consultant who meets the Secretary of the Interior's Professional Qualifications for historian and/or architectural historian. The consultant will be responsible for organization and coordination of the project activities including taking the lead on research efforts,training, and preparing the Iowa site inventory forms and survey report. The consultant will assign work tasks to the Commission members and volunteers. It is anticipated that while the consultant will lead on all research activities,the consultant will delegate background research, photography, mapping, and other such tasks to volunteers, commissioners and city staff. CLG 2018-15(Waterloo intensive survey) 1$ Page 84 of 92 The local project manager will be responsible for financial matters including processing payments to the consultants and requesting reimbursements. In addition the local project manager will work directly on the project providing assistance with mailings, preparing the RFP, and submitting all final documents to the State Historic Preservation Office. The local project manager will provide coordination between the consultant,the Historic Preservation Commission, city departments, and volunteers and will ensure that the project stays on time. Members of the Waterloo Historic Preservation Commission will work as volunteers for the project and will be responsible for promoting the project in the community. The commission members will need to work with the neighborhood association and other groups such as the local churches who can assist in making connections with community members. B. PRODUCTS The STATE will furnish the following: CLG Grant Project Director's Manual Forms for documentation of match The RECIPIENT will produce and distribute the following grant products: Following receipt of the Notice to Proceed and fully signed CLG Grant-in-Aid Agreement, the Project Director will complete and submit a progress reporting form to the STATE by the fifth of each month. The Project Director is encouraged to submit these monthly reports electronically. Tangible work products include (unless otherwise noted, these are the responsibility of the Recipient): i Draft Request for Proposals (RFP), draft subcontract and a list of consultants to whom the RFP will be sent Final Request for Proposals (RFP) and subcontract for distribution to consultants Signed and executed subcontract agreement with the selected consultant Monthly reports Project research design discussing project activities and methodology [Consultant] Draft intensive survey report that includes information typically found in a Multiple Property documentation form, site inventory forms for each eligible property (5-10 sample forms) and photographic documentation; 3 copies and digital file [Consultant] CLG 2.018-15(Waterloo intensive survey) 19 Page 85 of 92 i Final intensive survey report that includes information typically found in a Multiple Property documentation form, site inventory forms for each eligible property (including potential districts)and photographic documentation; 6 copies and 3 CDS with PDF of final survey report [Consultant] SPECIAL CONDITION OF THIS GRANT: The following acknowledgments will be included in all work products created as part of this grant: The activity that is the subject of this intensive survey has been financed in part with Federal funds from the National Park Service, U.S. Department of the Interior. However,the contents and opinions do not necessarily reflect the view or policies of the Department of the Interior, nor does the mention of trade names or commercial products constitute endorsement or recommendation by the Department of the Interior." "This program receives Federal financial assistance for identification and protection of historic properties. Under Title V[ of the Civil Rights Act of 1964, Section 504 of the rehabilitation Act of 1973, and the Age Discrimination Act of 1975, as amended, the U.S. Department of the Interior prohibits discrimination on the basis of race, color national origin, disability, or age in its federally assisted programs. If you believe you have been discriminated against in any program, activity, or facility as described above or if you desire further information, please write to: Office of Equal Opportunity National Park Service 1849 C Street, N.W. Washington, D.C. 20204" C. SCHEDULE: ACTIVITIES AND PRODUCT SUBMISSION Upon receipt of the Notice to Proceed and a Grant-in-Aid Agreement that has been signed by the RECIPIENT and the STATE, the RECIPIENT may begin work on the project. The RECIPIENT is expected to begin work on the project within 20 days of receiving the notice and the copy of the fully executed Grant-in-Aid Agreement. All work performed under this contract will be completed by June 30, 207.9 and the final bill must be submitted with the final report by June 30, 2019. The Agreement will end on or before August 3, 2019. Early completion of contract activities and submission of contract products is encouraged. Tentative Schedule: CLG 2018-15 (Waterloo intensive survey) 20 Page 86 of 92 January, 2018 Execute CLG Contract February, 2018 Submit a draft RFP, electronically to SHPO March-April, 2018 Distribute RFPs and accept proposals. April 30, 2018 Proposals Due May 15, 2018 Consultant is selected and kick-off meeting with state, city and consultant scheduled June 15, 2018 Subcontract is executed and submitted to SHPO July 2018 Public Information meeting held July 2018-March 2019 Research Activities, photographing, preparing Iowa State Inventory Forms, publicity efforts, draft report prepared February 2019 Draft of report and products submitted to State March 2019 State provides comments on draft products May 2019 Consultant and Waterloo HPC presents process, findings, final report, and discussing next steps in a public meeting June 2019 Final products due to State, request for reimbursement submitted to State D. REIMBURSEMENT SCHEDULE Payments by the STATE shall be made upon receipt of billing invoices from the RECIPIENT that relate expenses being billed to budgeted expenses identified in Exhibit D. Each payment request will be audited by the STATE to insure that sufficient progress has been made in support of the invoice. Timely submission of products is essential for reimbursement. Claims for reimbursement must be accompanied by a progress report. Claims must be submitted to Paula Mohr, State Historical Society of Iowa, New Historical Building, 600 East Locust, Des Moines, Iowa 50319-0290, (515) 281-6826. The following payment schedule will be used: Approval of draft products up to 70% of grant Approval of all products remaining balance of the grant E. COORDINATION This project will be managed by the RECIPIENT in cooperation with the STATE. The RECIPIENT will be represented by the Local Project Director Jessica Bristow and the STATE will be represented by Paula Mohr, State Historical Society of Iowa, New Historical Building, 600 East Locust, Des Moines, Iowa 50319-0290 at (515) 281-6826; paula.mohr@iowa.gov. The RECIPIENT's Project Director will maintain continuous coordination with the STATE's Project Manager, during the course of the contract. CLG 2018-15 (Waterloo intensive survey) 21 Page 87 of 92 i EXHIBIT D. BUDGET Expense Detail Grant Request($} Cash Match {$) In-Kind Match ($) Total ($) Consultant Fees 10000 10000 Planner 1160 Hours 3900 3900 @$26.00 Volunteers 100 Hours 2295 @22.95 Printing/Photocopies 500 500 i CLG 2018-15 (Waterloo intensive survey) 22 Page 88 of 92 ;A • 1 •.1F v '''` .ter } Y Y �.�,JI r+P��.ay�7>'i tY��^+ �t�� �r.i.xi � .�1,'-i f f', �' .�.• G it < I� , i y 0 C -L wAiea r� r , • Z" I +�N.^�4"�4iC,.� ' � , + •I.{ �y_ , ,i � SII i Smoke 1 .. CITY OF WATERLOO Council Communication Leisure Services Commission Board minutes of November 14, 2017. City Council Meeting: 1/2/2018 Prepared: REVIEWERS: D epartment Reviewer Action Date Leisure Services Huting, Paul Approved 12/13/2017 - 5:48 PM Clerk Office Higby, Nancy Approved 12/18/2017 - 4:46 PM ATTACHMENTS: Description Type D 11/14/17 Minutes Backup Material SUBJECT: Leisure Services Commission Board minutes of November 14, 2017. Page 90 of 92 i MINUTES WATERLOO LEISURE SERVICES COMMISSION TUESDAY, November 14, 2017 Leisure Services Office 1101 Campbell Avenue Megan Hannam called the meeting to order at 7:32am. Present: Megan Hannam, Nancy Bamsey, Brenda Durbahn, Sharon Samec, Don Huff, Marvin Spencer, Brenton Shavers. Staff: Paul Huting, Todd Derifield, JB Bolger, Chris Dolan, Travis Nichols, Bill Bachman, Mark Gallagher. Absent: Megan Hannam called for approval of the agenda. Motion to approve agenda by Sharon Samec, second by Marvin Spencer. Ayes: All. Nays: None Megan Hannam called for approval of the 1011012017 meeting minutes. Motion by Brenda Durbahn, second by Nancy Bamsey to approve the minutes. Ayes: All. Nays: None. Megan Hannam called for approval of the bills. Questions were answered. Motion by Sharon Samec, second by Don Huff to approve the bills. Ayes: All. Nays: None Committee Meeting No committee meetings were held. STAFF UPDATES Young Arena — Chris Dolan The Cold Zone addition was completed. The construction on the suites has started. There have been recent expensive repairs at the arena; water heater, amplifier to sound system, pump. The shuttle service is being used for the hockey games. Road work on highway 63 is scheduled to be done soon for this year. Staff will continue to monitor the use of the shuttle. Two large wrestling tournaments will be held in December. Construction — Travis Nichols Work on the parking lot at the Boat House is underway. The paving will be completed soon. The contractor for Sherwood Park is supposed to be done with the punch list this week. Crews are working on winterizing the parks; all water has been shut off for the winter season. Forestry— Todd Derifield The fall stump removal contract (454 stumps) is almost complete. We sold logs for $4,750.00. Finance approved using those funds to purchase trees to replace some of the ash trees. We have approximately 1,800 ash trees left, 150 of those trees are being treated. Waterloo has been designated a Bird Friendly City. This is the first designation in the state. Page 91 of 92 Golf and Downtown Area — JB Bolger Crews will finish blowing out the irrigation systems tomorrow. We are pumping out a pond at Gates so dredging of the pond can be worked on this winter. The parking lot rehab created 95 parking stalls. Crews are preparing units for winter weather. Sports and SportsPlex — Mark Gallagher Sportsplex memberships are picking up. Dealing with attrition through many college part time staff will be graduating in December. Rentals on the turf area are going well with the Hispanic Soccer league and local high schools recently participating in HS playoffs. Implementing cleaning with ozone water. This should save on cleaning expenses. Conversations are being held to review Club Sports, the affect it is having with our sports programs and possible ways to address the issue. Discussions are beginning on the swimming pools, future life of pools and options. The next regular Leisure Services Commission Meeting will be held Tuesday, December 12, 2017 at the 1101 Campbell office. Megan Hannam asked for motion to adjourn. Motion by Don Huff to adjourn, second by Sharon Samec. Adjourned at 8:24 am. Nancy Ba sey, Secretary Signed this Date Page 92 of 92